21-228-Q Carmen Bridge Seismic Upgrade-Final.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

For

CARMEN BRIDGE SEISMIC UPGRADE

A&E

RFP No.: 21-228-Q Closing Date: December 1, 2021 Time: 2:00 PM, PST

Description: EWEB requires engineering services for Carmen-McKenzie River Bridge Improvements

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

Mandatory Pre-Proposal Conference: NO

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, 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.

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

Legal Advertisement 3

1 Instructions to Proposers 4

2 Insurance Requirements 8

3 Sustainability 9

4 Minimum Qualifications 11

5 Background / Scope of Work 12

6 Evaluation Criteria 14

7 Evaluation Process & Contractor Selection 16

8 Proposal Form 19

Attachments

B Proposer Residency Information

C Sustainability Questionnaire

D Independent Contractor Certification

Exhibits

#1 #2 #3 #4

Sample Contract with Sample Statement of Services Map and Directions to Site McKenzie River Bridge Seismic Eval. Memo, Black & Veatch Project Technical Memorandum, OBEC

LEGAL ADVERTISEMENT

RFP #21-228-Q

CARMEN BRIDGE SEISMIC UPGRADE

The Eugene Water & Electric Board (EWEB) is requesting proposals from firms interested in providing engineering services for Carmen-McKenzie River Bridge Improvements, located at the Carmen-Smith Hydroelectric Project in Linn County, Oregon.

Proposals shall be submitted to Sandra Hahn, Purchasing Analyst, EWEB Purchasing Office, 4200 Roosevelt Blvd., Eugene, OR 97402, before 2:00 PM PST on December 1, 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.)

A mandatory Pre-Proposal Conference will NOT be held.

All proposals shall be submitted as set forth in Section 1 (Instructions to Proposers) of the RFP Solicitation Document. 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 ninety (90) days from the date and time set for opening.

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

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

ISSUED: October 27, 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. A&E is subject to ORS 279C and EWEB Public Contracting Rules Divisions 1, 2, 4 and 6.

PROPOSAL 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 proposer to submit their proposal 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, proposers are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required unless content will not display correctly.

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. No oral, telegraphic, telephone or facsimile proposals shall be accepted

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. Failure to comply with all requirements may result in proposal rejection.

1.3 PROTEST OF REQUIREMENTS OR CONTRACT TERMS / REQUEST FOR CHANGE

Proposers may submit a written protest of any provision, specification or contract term contained in an RFP and may request a change to any provision, specification or contract term 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, and any proposed changes to the RFP provisions, specifications or contract terms. EWEB will not consider any protest or request for change that is received at any time after the deadline. A Proposer may submit a protest, in writing, to: Sandra.hahn@eweb.org.

Emails containing proposal protests shall include the following in the subject header:

RFP REQUIREMENT(S) PROTEST – RFP #21-228-Q / CLOSING DATE 12-1-21

Protest of technical or contractual requirements shall include the reason for protest, any and all evidence and documented, factual information that supports proposer's protest, and any proposed changes to the requirements. Proposers must exhaust all administrative remedies before seeking judicial review.

1.4 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.

1.5 PREPARATION COSTS

Pursuant to Rule 4-0250, EWEB may cancel a solicitation, whether informal or formal, or reject all Proposals or responses to RFQs, or any combination of the foregoing, 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. Consultants 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.

1.6 PRE-BID CONFERENCE

A mandatory Pre-Proposal Conference will NOT be held.

PROPOSAL SUBMISSION

1.7 PROPOSAL SUBMISSION

(A) Sealed proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, and one (1) electronic copy (flash drive), shall be received and date and time-stamped by the EWEB Purchasing department prior to bid closing. Proposals received after the RFP closing date and time may not be considered and may be rejected. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #21-228-Q, DUE December 1, 2021, 2:00 PM PST

EUGENE WATER & ELECTRIC BOARD, PURCHASING DEPT.

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.

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

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

IMPORTANT: DO NOT SUBMIT INFORMATION RELATED TO PRICING UNLESS SPECIFICALLY

REQUESTED DURING PHASE 2 OF THE RFP PROCESS.

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.

• RESPONSE TO ALL EVALUATION CRITERIA listed in Section 6

• SECTION 8 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• ATTACHMENT C – Sustainability Questionnaire

• ATTACHMENT D - Independent Contractor Certification

• ELECTRONIC COPY of all required documents (flash drive)

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 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. All addenda can be obtained electronically at 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.) As a courtesy, EWEB may send addenda to registered Proposers via e-mail.

1.9 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.

1.10 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.

1.11 PROPOSAL OPENING: Unless otherwise provided by Law or Rule, proposals received in response to this

Request for Proposals shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Proposers who attend the RFP opening shall be informed only of the names of Proposers submitting proposals. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.12 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.

1.13 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.

1.14 PROPRIETARY DATA/PUBLIC RECORD

https://oregonbuys.gov/bso/

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.

SCHEDULE OF EVENTS

1.15 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-Proposal Conference November 10, 2021

Last day to submit questions to Purchasing Analyst November 22, 2021

Last day EWEB will post addenda November 24, 2021

Closing Date (last day to submit proposals to EWEB) December 1, 2021

Responses evaluated / Shortlist announced December 6, 2021

Pricing due December 8, 2021

Intent to Award announced December 9, 2021 Latest Date Contract signed by Contractor December 23, 2021

Board approval, if needed January 4 2021

Contract Signed by EWEB January 6, 2021

ANTICIPATED PROJECT SCHEDULE: See Section 5 for major milestones

Contract work complete December 31, 2023

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 covering bodily injury and property damage. This insurance shall include personal injury coverage, contractual liability coverage and products/completed operations liability. Combined single limit per occurrence shall not be less than $1,000,000. Each annual aggregate limit shall not be less than $2,000,000.

2.3 AUTOMOBILE LIABILITY

Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Automobile

Liability Insurance. 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.

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.

2.5 INDEMNIFICATION

Contractor shall defend, save, hold harmless, and indemnify EWEB, its officer, 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 ADDITIONAL INSURED

The Commercial General Liability and Automobile Liability insurance coverage required for performance of the contract shall include EWEB, its divisions, officers, and employees as Additional Insured but only with respect to the Contractor's activities to be performed under this contract.

2.7 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.

2.8 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.

2.9 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. 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. MINIMUM QUALIFICATIONS

The following requirements are not scored. Proposers must meet the requirements to move forward to the written questions in Section 6. Please discuss each requirement and include in your Proposal submission.

• Over 5 years of related bridge seismic design experience.

• Current Professional Structural Engineering license with the Oregon State Board of Examiners for

Engineering and Land Surveying.

5. SCOPE OF WORK

5.1 LENGTH OF CONTRACT

The length of the CONTRACT will be from the date of final execution (estimated as early January) and will last until December 31, 2023.

5.2 LOCATION OF WORK

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

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

5.3 ENGINEERS ESTIMATE

The engineer’s estimate is under $150,000.

5.4 SCOPE OF WORK

5.4.1 EXPECTED DELIVERABLES

• Level of design effort is based on the concepts developed in the 2017 “McKenzie River Bridge Seismic Evaluation Memorandum” prepared by OBEC and the 2019 “North Abutment Expansion Joint Repair” Memorandum prepared by OBEC

• Scope does not include roadway design, hydraulic analysis, or any other support not explicitly listed in the scope of work

• Preparing building permit application(s) and addressing comments with Linn County and the Oregon Department of Transportation if required.

• Concept, Preliminary and Final Engineering design, Drawings, Estimate and Specifications of seismic upgrades and joint repair including cover sheet and traffic control plans

• Geotechnical exploration services as required for the design.

• Up to 18 hours of engineering support services during bidding

• Including up to 4 site visits, including travel time during construction to observe work in progress and to observe the final repairs.

• Including up to 3 shop drawing submittal reviews and 3 RFIs during construction.

5.4.2 ADDITIONAL CONSULTANT RESPONSIBILITIES

• Up to 10 drawings will be completed on 11x17 drawings (full size scale details with digital PE stamp) in AutoCAD using EWEB drafting standards. Electronic .pdf version of drawings will be provided.

• Specifications in Microsoft Word format will be provided electronically and will follow Oregon Standard Specifications for Construction 2021. All material specifications will be included on the general notes sheet.

• Opinion of Probable Costs at Draft and Final Submittals

• Work includes internal QA/QC of concept, draft and final deliverables

5.4.3 EWEB RESPONSIBILITIES

• Access to the site,

• All non-technical specifications

• Daily inspection and construction management/administration including virtual meetings

• Timely decisions on project elements and cost evaluations

• Timely review of Conceptual, Draft and Pre-final Submittal

PROJECTED PROJECT SCHEDULE

The tentative schedule for the project is as follows:

Tentative Project Schedule

Submit Geotechnical Exploration Plan & Schedule January 28, 2022

Complete Geotechnical Exploration May 27, 2022

Submit Draft Design Drawings and Specifications for review August 31, 2022

Final Design Drawings & Specifications October 28, 2022

Construction RFP issued November 7, 2022

Construction Complete October 27,2023

6. EVALUATION CRITERIA

Written Proposals will be evaluated and will include responses to the Criteria below. Scoring and contract award will be based on Proposers qualifications and experience, as described in Section 7 Evaluation Process & Contractor Selection. Scoring during Step One of the evaluation process is limited to non-pricing information. DO NOT

INCLUDE PRICING INFORMATION WITH YOUR PROPOSAL RESPONSE.

Responses to the Evaluation Criteria shall be organized in the order listed in this Section 6, by re-stating the Criteria, then responding directly below that Criteria.

6.1 Qualifications of Proposer's Key Staff in Providing Similar Work/Projects (45 points possible)

List key staff and describe their roles for this project. Provide an overview of your team’s qualifications in the following areas:

• Seismic Design & Structural Analysis

• Bridge Design & Seismic Upgrades

• Geotechnical Engineering and Foundation Design.

• Construction Engineering Support

Your response will be evaluated based on key staff experience and qualifications in the subject areas.

6.2 Experience with Similar Bridge Rehabilitation Projects (40 points possible)

Provide examples / references of similar bridge rehabilitation projects. Response should include the following:

• Title and Short Description of the project

• Name, email address and phone number of the client.

• Description of how project is comparable to EWEB’s

• Extent of principal involvement for each

• Names of key persons (staff) and their responsibilities.

Your response will be evaluated based on relevance to the Work and key staff involved. References listed or other documented references may be used by EWEB during the evaluation of this criterion. Please ensure your client information is up to date and that clients are willing to share reference information.

6.3 Pricing Proposals (15 points possible)

Pricing will be requested in Step 2 only. DO NOT SEND PRICING UNLESS SPECIFICALLY REQUESTED.

Consultant should be prepared to submit such pricing 2 to 3 days after the shortlist has been announced.

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

A = Total Possible points = 15 L = Lowest cost proposed X = Cost being scored B = Awarded Score

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

Example: If A = 15 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 15 = 10 points (At intervals of .5, the score will be rounded up to the next highest integer.)

7. EVALUATION PROCESS & CONTRACTOR SELECTION

The total number of points possible for Step One, evaluation of written proposals, is 85. Upon completion of Step One, EWEB will rank the proposers and request pricing, which will be scored in Step Two. The total score for the combined Step One and Step Two is 100 points.

EWEB intends to use a qualification based selection process (QBS), as outlined in ORS 279C.110 (as amended) where a Competitive Range of Finalists are determined by their qualifications to fulfill the Work, and fees are subsequently received only by those in the Competitive Range.

STEP ONE: Written proposals are evaluated and preliminary scores are ascertained. Up to 3 of the most qualified Proposers will be included on the shortlist. Interviews are not planned for this RFP, however, EWEB reserves the right to hold interviews if in EWEB’s best interest to do so. At the completion of Step One, EWEB will release scoring and rankings of the qualified proposers and pricing information will be requested.

STEP TWO: Request for Pricing information and completion of evaluation.

The total possible number of points are as follows:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Key Staff Qualifications 45 Similar Project Experience 40 Pricing 15

7.1 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.

7.2 Right of Rejection

Proposers must comply with all of the terms of the RFQ/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 RFQ/RFP.

Proposers may not qualify the proposal nor 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.

7.3 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.

7.4 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.

7.5 Clarification of Response

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

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

The outcome of the initial written scores will result in a shortlist of three (3) highest-ranked firms (or at a natural break in scoring.)

7.6 Reserved.

7.7 Contractor Selection

The firm with the highest total score as a result of written proposal scoring, including pricing, will be awarded the contract.

7.8 Ties Among Proposers

Pursuant to Rule 4-0230, If determines after the ranking of potential firms, that two or more of them are equally qualified, EWEB may select a candidate through any process that the utility believes will result in the best value for EWEB taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of EWEB and Proposers and shall protect the integrity of the Public contracting process.

As part of the procedure for choosing between two or more equally qualified candidates, EWEB may follow the procedure set forth in Rule 3-0300, (Preferences for Oregon Goods and Services; Nonresident Bidders to select the firm) and may choose to give a reference to a local potential firm.

7.9 Notice of Intent to Award

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

7.10 Contract Negotiation

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

a) Contractor's performance obligations and performance schedule;

b) Payment methodology and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to EWEB as determined solely by EWEB, taking into account the value, scope, complexity and nature of the Work.

c) Any other provisions EWEB believes to be in the utility's best interest to negotiate.

d) EWEB shall, either orally or in writing, formally terminate negotiations with the highest ranked

Proposer if EWEB and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. EWEB may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, in accordance with Rule4-0220(4)(c), until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may end the particular formal solicitation. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

e) A sample contract is attached for your reference.

7.11 Protest Procedures (Rule 4-0240)

EWEB shall provide to all Proposers a copy of the selection notice that EWEB sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to EWEB. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related Services described in the RFP.

Eligible Proposers 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 Proposers.

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

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

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

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

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

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

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

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

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

8. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information.

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

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

Cover Letter, including:

• Introduction

• Acceptance of ALL RFP, Sample Contract, and Attachment A terms and conditions

• Request for negotiation of proposed terms and conditions, if any, as allowed per Section 1.4

• Statement regarding Termination for Default (per Section 1.8 (B))

Response to Section 6 – Evaluation Criteria

Proposal Form - Section 8

Attachment B – Bidder Residency Form

Attachment C – Sustainability Questionnaire

Attachment D – Independent Contractor Certification

1 Digital Copy (flash drive)

IMPORTANT: DO NOT INCLUDE ANY PRICING DATA RELATED TO PROPOSED FEES, HOURLY RATES, REIMBURSABLE COSTS, ETC. EWEB intends to use a qualification-based selection process as outlined in ORS 279C.110(1).

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

The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

MWESB Certified? Yes _____ No _____. If yes, indicate which categories below:

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

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

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

Check if not applicable or no addenda were received: ____

CONTRACT SIGNATURE / EXECUTION

ASSURANCES:

The undersigned attests that they:

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

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

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

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

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

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

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

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

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

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

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

Contractor, by signing this RFP, represents and warrants that contractor’s performance, if awarded the contract resulting from this RFP, will create 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 will prevent contractor's lawful performance of such contract. If contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of this contract, if awarded.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Fax Number FEDERAL ID NUMBER

OSBEELS / OSBGE / ORBAE No.(s) (provide name(s), title(s), and certification number(s) for each engineer proposed for this project. Attach additional sheet if necessary)

Name: Title: Certification No:

Name: Title: Certification No:

Name: Title: Certification No:

Name: Title: Certification No:

Person Signing RFP_______________________________________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

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?