21-269-Q LB-WV Insp Report.pdf

RFP #21-269-Q Leaburg-Walterville Safety Inspection

Rev. 4/22/16

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Part 12D Safety Inspection for Leaburg-Walterville Project A&E

RFP No.: 21-269-Q Closing Date: February 10, 2022 Time: 2:00 PM, PT

Description: The Eugene Water & Electric Board (EWEB) is seeking proposals from qualified consultant firms to perform independent safety inspection and review services for the Leaburg-Walterville Hydroelectric Project pursuant to the Code of Federal Regulations (CFR) 18, Part 12 Subpart D (Part 12D) requirements.

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

Pre-Proposal Conference: YES - Mandatory Date: January 24, 2022 Time: 11:00 AM, PT Location: Microsoft Teams video conference. RSVP Sandra Hahn at the above email reference to receive an Outlook invitation to the conference.

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

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 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

1 Instructions to Proposers

2 Insurance Requirements

3 Sustainability

4 Background/Objectives

5 Scope of Work

6 Evaluation Criteria

7 Evaluation Process & Contractor Selection

8 Proposal Form

Attachments

B Proposer Residency Information

C Sustainability Questionnaire

D Independent Contractor Certification

Exhibits

1 Sample Contract with Statement of Services Form

LEGAL ADVERTISEMENT

RFP #21-269-Q

Part 12D Safety Inspection for Leaburg-Walterville Project

The Eugene Water & Electric Board (EWEB) is seeking proposals from qualified firms to perform Part 12D dam safety inspection services for the Leaburg-Walterville Hydroelectric Project pursuant to 18 CFR Part 12D regulations.

Proposals shall be submitted to Sandra Hahn, Purchasing Analyst, Purchasing Office, Eugene Water and Electric Board, 4200 Roosevelt Blvd, Eugene, OR 97402, by 2:00 pm PT on February 10, 2022. Proposals will not be accepted after this hour and date.

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

https://oregonbuys.gov/bso/ (For navigation help, please call 1-503-373-1774 or 1-503-373-2106.)

Project background information will be made accessible upon submitting a signed non-disclosure agreement.

(See bid site to obtain the NDA form.)

A mandatory Pre-Proposal Conference will be held at 11:00 AM PST, January 24, 2022 via Microsoft Teams. The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow them to ask questions concerning the RFP. Please RSVP beforehand to the Purchasing Analyst at:

sandra.hahn@eweb.org.

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

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

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

and may reject any or all proposals pursuant to EWEB Rule 4-0220(4)(H).

Date: January 7, 2022

Sandra Hahn Purchasing Analyst https://oregonbuys.gov/bso/ mailto:sandra.hahn@eweb.org

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.

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE

RESPONSIBILITY OF THE PROPOSER TO CHECK THE WEBSITE ON A TIMELY BASIS.

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

Protest of Specification - A Proposer 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, Attn: Sandra Hahn, RFP SPECIFICATION PROTEST – RFP #: 21-269-Q

4200 Roosevelt Blvd., Eugene, Oregon 97401

To be considered, protests shall be received no later than 5 pm on the day which is seven (7) calendar days prior to the date Proposals are due, unless a different deadline is indicated in the RFP.

Each protest and request for change must include: the reasons for the protest or request; any and all evidence and documented, factual information that supports Proposer's protest; and any proposed changes to the RFP provisions or specifications. The right to protest RFP specifications and/or Contract terms is provided in EWEB Rule 3-0700, as a provision for "checks and balances" of 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 Proposers.

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

Proposers must exhaust all administrative remedies before seeking judicial review.

Request for Change – Proposers may include in the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

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

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.4 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 proposing without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the RFP document where it is requested or required.

Proposers shall NOT make any alterations to the original solicitation document. Any proposal 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-PROPOSAL CONFERENCE

A mandatory Pre-Proposal Conference will be held at 11:00 AM PST, January 24, 2022 via Microsoft Teams. The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow them to ask questions concerning the RFP. Please RSVP beforehand to the Purchasing Analyst at: sandra.hahn@eweb.org.

PROPOSAL SUBMISSION

1.7 PROPOSAL SUBMISSION

(A) Sealed proposals, containing a minimum of one (1) original signed proposal response including any

Addenda to be acknowledged, and one (1) can be modified flash drive copy, shall be received and date and time-stamped by the EWEB Purchasing department prior to RFP closing. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

mailto:sandra.hahn@eweb.org

RFP # 21-269-Q, DUE 2-10-22; 2 PM

Eugene Water & Electric Board / Purchasing 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.

No proposal received after RFP closing date and time shall be considered. 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

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

COVER SHEET, with introduction of firm and the following:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.3

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.

• PROPOSAL FORM – Section 8

• RESPONSE TO ALL EVALUATION CRITERIA - Section 6

• ATTACHMENT B - Bidder Residency Information

• ATTACHMENT C – Sustainability Questionnaire

• Hard Copies and Digital Copies of all proposal documents, as detailed in Section 1.8(A).

(C) RESPONSIVENESS / RESPONSIBILITY

A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

A “Responsible” Proposer can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in

ORS 279B.110(2).

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 downloaded 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/. As a courtesy, EWEB may/will 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 RFP 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

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.

https://oregonbuys.gov/bso/

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.

Request for Proposal Released January 10, 2022

Mandatory Pre-Proposal Conference January 24, 2022

Last day for EWEB to receive questions from Proposers February 3, 2022

Last day EWEB will post Addenda February 7, 2022

Closing Date (last day to submit proposals to EWEB) February 10, 2022

Responses Evaluated February 17, 2022

Interviews / Presentations Held Week of Feb 21-25

Pricing Evaluation and Completion of Evaluation March 1, 2022

Intent to Award Announcement March 2, 2022

Board Approval April 5, 2022

Contract Award April 7, 2022

ANTICIPATED PROJECT SCHEDULE: See Section 8 for major milestones

Draft Report submitted to EWEB October 14, 2022

Final Deliverables submitted to EWEB December 09, 2022

2. INSURANCE REQUIREMENTS

2.1 CERTIFICATES OF INSURANCE

As evidence of the insurance coverage required by this solicitation and the resulting Contract, the awarded

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, subcontractors 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, subcontractors, 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. BACKGROUND / OBJECTIVES

4.1 PROJECT BACKGROUND

The Eugene Water & Electric Board (EWEB), founded in 1911, is Oregon’s largest customer owned utility and provides electricity and water to more than 86,000 customers. EWEB owns, operates and maintains the Leaburg – Walterville Hydro Projects under a single federal license (No. 2496). The project consists of two independent hydroelectric generation developments as briefly described below. Please note that more detailed project information is found in the 2018 Supporting Technical Information Document (STID) that can be provided upon request and execution of a Critical Energy Infrastructure Information General Non- Disclosure Agreement.

Leaburg Development. The Leaburg development is the Project's upstream facility and includes a dam, canal, forebay, penstocks, powerhouse, tailrace, and substation. The Leaburg Dam is a reinforced concrete and steel structure with bank fish ladders and intake gates that divert water from the McKenzie River. A single-lane bridge, located on top of the dam, provides access to the Leaburg Fish Hatchery, Lloyd Knox Park, and several private residences on the river's left bank.

Leaburg Lake is the backwater formed by Leaburg Dam that extends upstream to provide dead storage.

When fully operational, water is diverted to the cut-and-fill unlined Leaburg Canal that leads to the power plant forebay. A fish screening system and a trash rack prevent fish and debris from entering the canal.

The forebay includes a penstock intake, automatic siphon bypass spillway, trash rack, and ice-trash sluiceway. From the forebay, water flows into the Leaburg Plant through two reinforced concrete pipe penstocks and is returned to the McKenzie River through a tailrace. An automatic siphon spillway bypasses canal flows to protect the canal, forebay, and powerhouse in case of an emergency turbine shutdown.

Walterville Development. The Walterville development includes a headwork, canal, forebay, penstock, powerhouse, tailrace, and substation. Water from the McKenzie River is diverted by gravity into the Walterville Canal, controlled by a headwork structure containing two Tainter gates. The cut-and-fill, unlined canal originates on the McKenzie River's right bank and flows westerly to the forebay.

The forebay contains the penstock intake, automatic siphon bypass spillway, trash rack, and ice-trash sluiceway. From the forebay, water flows through the penstock into the Walterville Plant and is returned to the McKenzie River through a tailrace canal, most of which is an old river meander channel. A tailrace barrier is located near the confluence of the tailrace with the McKenzie River and a short fish return channel guides migrating fish back to the river.

4.2 OBJECTIVES

The objective of this project is to perform the five-year IC safety inspection and evaluation on the Leaburg- Walterville Project, FERC Project P-2496, to comply with the CFR 18 Part 12 Subpart D regulations.

Consultant must be a FERC-approved independent consultant to perform dam safety inspections. Please note that FERC recently published Chapter 16 Part 12D Program and Chapter 17 Potential Failure Modes Analysis in the engineering guidelines. These new guidelines are not applicable to this project. All safety inspection and evaluation services should follow the current Chapter 14 guidelines prior to the new rules and guidelines enacted in November 2021. Specific instructions to conduct the fifth Independent Consultant’s safety inspection is included in the FERC Regional Engineer’s letter dated March 29, 2021.

This letter will be provided for reference along with other materials that will be helpful for proposal preparation upon completion of an NDA per the RFP advertisement.

4.3 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately April 7, 2022, and expire on December 31, 2023. All major tasks are scheduled to be completed in 2022. The work performed in 2023 is only intended to address miscellaneous comments and questions that may be raised by FERC after the delivery of the report.

4.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and EWEB facilities in Eugene, Waterville and Leaburg, Oregon.

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

4.5 ENGINEERS ESTIMATE

The EWEB estimate for this project in the range of app. $200,000 to $275,000.

4.6 FERC REQUIREMENT FOR INDEPENDENT CONSULTANT

Consultant shall complete all inspection, review, analysis and reports for the Leaburg – Walterville Project in accordance with the FERC Engineering Guidelines for the Evaluation of Hydropower Projects, Chapter 14, Dam Safety Performance Monitoring Program as noted in Section 4.1 above. The FERC March 29, 2021 letter listed changes to the Part 12D process in Enclosure 1 and described the IC responsibilities in Enclosure 2.

Consultant, once selected by EWEB, shall immediately provide resume(s) of individuals designated as IC(s) to perform the safety inspection work for EWEB to submit to FERC for approval. An IC is defined by FERC as any person who is a licensed Professional Engineer; has a minimum of 10 years’ experience and expertise in dam design and construction and in the investigation of the safety of existing dams; and has not performed inspections or been employed by the licensee in the past two (2) years. An engineer or engineers from the same firm will not be approved as the IC for more than two (2) consecutive Reports for any project.

5. SCOPE OF WORK

5.1 GENERAL

Task 1. Project Management. Consultant shall designate one person to serve as Project Manager. The

Project Manager will be responsible for coordinating the Independent Consultant’s team, organizing project resources, and monitoring and controlling budget and progress. The Project Manager shall have the authority to make decisions related to the progression of the work and to obtain the resources necessary for timely project completion.

Task 1.1. Project Schedule. Consultant shall prepare and submit a project schedule, in the form of a Gantt chart using Microsoft Project, which will contain task description, start and end date, and completion milestones. Independent Consultant shall review the project schedule on a monthly basis and submit updates if there are significant changes.

Task 1.2. Project Status Reports. Consultant shall prepare and submit bi-monthly status reports along with invoices. Project status reports shall compare budget status and progress (percent completion). Status reports shall briefly summarize progress, identify any decisions required by Owner; identify any potential budget or schedule impacts; and describe any work required for successful project completion which Independent Consultant believes is outside of its scope of services. Status reports may be in the form of a memorandum or email, at Independent Consultant’s discretion.

Task 1.3. Invoicing. Consultant shall prepare and submit invoices consistent with the work completed.

Invoices shall indicate, by task, total budget, budget remaining, amount previously billed, amount of current billing including dollars, personnel names, personnel classifications, billing rates, hours, and direct charges.

Invoiced amount shall be consistent with or less than percent completion listed in project status report.

Amount invoiced for any task shall be limited to the contract budget for that Task. At Owner’s sole discretion, Owner may allow transfer of charges from a Task that is over budget to a Task that has budget remaining after all work associated with both Tasks has been completed.

Task 1.4. Project Coordination. Consultant Project Manager shall coordinate work by Consultant team members, including subconsultants, and with Owner Project Manager to facilitate efficient and effective progression of the work.

Task 1.5. Project Owner Kickoff Meeting. Consultant shall conduct a virtual project kickoff meeting, participated by the Consultant’s team and EWEB project staff. Consultant shall facilitate the meeting, prepare meeting agenda, and take notes, which including action items, responsible parties, and required due dates.

Meeting to be held virtually through the MS Meetings.

Task 1.6. Regulatory Pre-Inspection Project Meeting. Independent Consultant project team members shall participate in the regulatory pre-inspection conference call as required by the FERC. Call shall take place a minimum of 90 days prior to project inspection and PFMA workshop. Consultant shall be responsible for agenda and submit notes, including action items, responsible parties, and required due dates. Consultant shall refer to Enclosure 4 of the March 29, 2021 FERC letter when preparing meeting agenda.

Task 1 Deliverables:

• Project schedule and updates.

• Status reports.

• Invoices.

• Kickoff meeting agenda and notes.

• Regulatory 90 Day Pre-meeting agenda and notes.

Task 2. Document Review. Consultant shall review, evaluate, and comment on the appropriateness and current validity of all the previous analyses located in Section 8 of the Supporting Technical Information Document (STID).

Consultant should provide detailed assessment of the STI including the PFMA report following the acceptable technical criteria in the FERC Engineering Guidelines. The assessment conclusion and recommendations should be included in the Part 12D Inspection Report in the later task.

Consultant shall review, comment and provide recommendations on the outstanding items from the 2017 Part 12 Report. Commentary and recommendations are to be included in the Part 12D Inspection Report in the later task.

Independent Consultant shall review and comment on current thresholds for monitoring equipment listed in the Dam Safety Surveillance & Monitoring Report. Independent Consultant shall make recommendations and aid staff in developing range and threshold levels which are to be included in the Part12D Inspection Report in the later task.

Consultant shall perform a comprehensive and critical review of original design and construction documents;

subsequent performance; assessment of necessary investigation, analysis, or remediation. The review must take great care to avoid accepting observed anomalies as normal.

Documents to be reviewed include the following:

• Previous Part 12 safety inspection reports

• Supporting technical information documents, including project design and construction history

• Potential failure mode analysis reports and Leaburg semi-quantitative risk assessment report

• Dam safety surveillance & monitoring reports

• Reports and correspondence on all work items and status or results of previous Part 12D recommendations or FERC requirements after the previous Part 12D inspection

• Other documents identified by Consultant

If any document(s) is revealed missing during the review, Consultant shall contact EWEB project manager in a timely manner to search for the missing information before executing the next tasks below.

EWEB is currently working with a consultant team on several engineering evaluation items for the Walterville Development to address both the previous Part 12D IC recommendations and issues encountered during project operation. The schedule was to complete most of the evaluation reports in time for the review of this Consultant.

However, the current drilling program plan is delayed, which may delay the delivery of some evaluation reports.

EWEB may need to ask Consultant to review the delayed report(s) after the completion of the Part 12D in Task 5 below and prepare an addendum or supplemental report upon FERC approval.

Task 3. Project Inspections. Consultant shall make arrangement with the EWEB project manager and FERC representative to conduct project inspections with project operation staff and regulatory representatives. It is expected that Consultant will have reviewed the project documents in Task 2 before the site physical inspections.

Project Inspections include:

• A physical field inspection of each development in its entirety excluding transmission, transformer facilities and generation equipment

• Inspection of the Walterville Project Canal under full operation and during outage conditions if necessary

• Inspection of the Leaburg Project Canal in the current state of operations

• Observations and documentation of project features and changes (as listed in the FERC letter) with sufficient photos taken

• Status of responses to the last Part 12D recommendations

• Observations with respect to each identified PFM

• Adequacy/operation of public alert systems

• Interview and discussions with project staff with regard to operation and maintenance (O&M) programs, including adequacy of O&M procedures, communications, human factors, and O&M procedures related to PFMs

• Briefing of observations and concerns with EWEB engineers and operators

Inspection schedule should be coordinated with project operations staff well ahead of the visit to take advantage of the annual canal outage and weather conditions. If an inspection checklist is used, it should to be included in Appendix F of the Part 12D inspection report. Site specific checklist should be formatted to include specific visual surveillance items identified in the PMFA.

Task 4. Potential Failure Mode Analysis (PFMA). The FERC Regional Engineer’s letter dated March 29, 2021 included specific instructions for conducting PFMAs. FERC requires a telephone conference or meeting with the IC at least 90 days prior to the PFMA review to discuss FERC’s expectations for the PFMA review, which could range from simply reviewing the PFMA report, to performing a complete revision of the PFMA process overseen by a facilitator.

EWEB recently completed a semi-quantitative risk assessment (SQRA) for the Leaburg Canal in 2021. A PFMA process was conducted to support the risk assessment. The SQRA PFMs shall be reviewed along with the PMFs developed in the previous Part 12 report before conducting any PFMA workshop.

For the purpose of this RFP, Consultant shall facilitate a Potential Failure Mode Analysis Workshop with EWEB engineering and operations staff and FERC dam safety staff. Consultant shall fully develop or update each PFM with specific loading condition, mode of failure, defined consequence to public safety, and category as per FERC guidelines. The FERC letter reminded that PFMA review should overcome the shortcomings of the current PFMA process identified in the Oroville IFT Report and adequately consider interaction of project features in addition to uncontrolled water release.

Elements of the PFMA Workshop shall include the following:

• Consultant will facilitate in collaboration with EWEB an interactive PFMA workshop to be held at one of the EWEB facilities in Eugene, Oregon.

• Consultant will review, comment, and recommend refinement of the informational package for the workshop attendees. The final package will be prepared by EWEB.

• Consultant to prepare draft Category I & II PFMs developed to 50% completion prior to PFMA session.

• Consultant to prepare draft Category III & IV PFMs developed to 85% completion prior to PFMA session.

• Designation and numbering for newly developed and updated PMFs should be consistent with previous identification of PFMs for easy tracking and future reference.

• A note taker should be provided by Consultant to document all discussions and failure mode development process, as well as major findings and understanding by all workshop participants.

• A draft PFMA report shall be provided following the general format in Chapter 14 Appendix D of the

FERC Engineering Guidelines and finalized after addressing all review comments.

• Consultant shall document/track review comments on the draft report and provide clear responses. A review meeting may be necessary to address the comments.

Task 4 Deliverables:

• Workshop agenda and notes

• Draft PFMA Report in both searchable PDF and Word formats

• Final PFMA Report in both searchable PDF and Word formats

• List of recommended follow-up actions on Category III PFMs.

Task 5. Part 12D Safety Inspection Report. Consultant shall be responsible for preparing the Part 12D Safety Inspection Report that meets the FERC requirements and is acceptable to FERC reviewers. Consultant will be liable for a report rejected by FERC. The most recently suggested report outline is provided in Enclosure 3 of the March 9, 2021, FERC Regional Engineer’s letter.

Since Leaburg-Walterville Project includes two independent canal developments, Leaburg Canal Development and Walterville Canal Development, each with its own hydro facilities, separate Part 12D reports will need to be published for the two developments. The final Part 12D report for the Project will have two parts, Division 1 – Part 12D Safety Inspection Report for Leaburg Development and Division 2 – Part 12D Safety Inspection Report for Walterville Development. The two divisions independently follow the FERC report outlines.

Consultant shall provide a digital copy of the draft report in both a searchable PDF and Word formats to EWEB for review by October 14, 2022. Consultant shall document and track review comments provided by EWEB project manager, and respond clearly in a format, such as an Excel table, acceptable to all reviewers. A review meeting should be scheduled with EWEB staff to discuss responses to the review comments. The final report is due to EWEB by December 9, 2022, which is a firm date.

Proposers to the RFP may include detailed descriptions of approaches and methods on how to address the elements listed in the FERC Part 12D safety inspection report outlines.

In case there is a delay in completing the current engineering evaluation reports for Walterville Department mentioned in Task 2, EWEB may ask Consultant to complete the Part 12D report first to meet the FERC deadline and prepare a supplemental review report later upon FERC approval.

Task 3 Deliverables

• Draft Part 12D Safety Inspection Report in PDF and Word formats by October 14, 2022 .

• Responses to report review comments, preferably in Excel table.

• Final Part 12D Safety Inspection Report in PDF and Word formats by December 9, 2022 (Firm Date).

Task 6. Continued Technical and Professional Assistance. The Independent Consultant shall provide up to 80 hours of support in resolving questions and comments from the FERC on the Part 12 D Safety Inspection Report through point of final acceptance. This task is intended for the calendar year 2023.

Task 6 Deliverables

• Draft response to questions and comments from regulatory agency and Owner.

• Final response to question and comments to regulatory agency and Owner.

• List of required Owner decisions and actions.

6. EVALUATION CRITERIA

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

Instructions: Include in your proposal package a response to the following questions, listing the questions in the same order listed in this Section 6. Re-state each question with the response to each directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive.

Important: Scoring during Step One of the evaluation process is limited to non-pricing information. PRICING INFORMATION SHOULD BE SUBMITTED IN A SEPARATE, SEALED ENVELOPE, TO BE OPENED DURING STEP TWO.

Failing to seal your pricing proposal could cause proposal to be deemed Non-Responsive.

6.1 Minimum Qualifications (Pass/Fail)

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

Response to the Minimum Qualifications will not receive point values but shall be evaluated on a pass or fail basis.

Only Proposers that meet all of the minimum Qualifications will be evaluated on the scored Evaluation Criteria following where point values shall be awarded. EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

Each criterion must pass in order for a proposal to be reviewed and scored by the evaluation team:

A. Preparation of work products shall be completed or overseen by an engineer(s) of the appropriate discipline licensed with the Oregon State Board of Examiners for Engineering and Land Surveying.

B. Consultant shall be listed on the FERC’s Previously Approved Independent Consultants list as of December 31, 2021.

C. Consultant shall have completed and submitted a minimum of three (3) previous Part 12 Safety Inspection Reports that have been successfully accepted by FERC within the last 7 years. For each project, provide client references with the following information:

1. Name of Company Client

2. Contact name, phone, and email

3. Title of Project and description, especially where work is similar to EWEB’s project

4. Original project completion date and actual date finished

5. Original project budget and actual amount invoiced

EWEB reserves the right to check client references for each project. Please ensure that all contact information is up to date and that client is willing and able to respond to EWEB regarding the project.

Scored Criteria

6.2 CORPORATE PROJECT EXPERIENCE (15 points)

a. EWEB will evaluate and score your firm’s listed projects in 6.1.C.3 above relating to your firm’s performance of comparable IC safety inspection and preparing reports in accordance with FERC guidelines. Please ensure you are satisfied with the descriptions you have provided.

b. Provide a summary of your firm’s experience facilitating Potential Failure Mode Analysis workshops.

c. Describe any other specific experience and expertise your firm has with hydroelectric projects that can add value to this project.

6.3 PROJECT UNDERSTANDING AND APPROACH – (20 Points)

a. Understanding - Demonstrate a clear and concise understanding of the objectives for this project, scope, tasks, and project-specific needs described in Section 5. Address the tasks in Section 5 as a minimum in your proposal response to this RFP. You may add more tasks to illustrate and substantiate the team’s efforts to achieve the project objective. If additional tasks are included, please discuss the reason for adding.

b. Approach - Based on your understanding and experience performing similar inspection reports, describe your proposed approach to achieve EWEB’s objective of completing this Part 12D Inspection.

To the extent feasible, your approach description should include how you will:

• Gather and search for necessary information, complete technical tasks, perform internal reviews, and document and resolve review comments.

• Manage meetings and EWEB input/feedback.

• Analyze and articulate potential inconsistencies and discrepancies that may be realized when reviewing past inspection and operational documentation and…