22-246-S ITB Small Lot Vegetation Management.pdf

ITB #22-246-S Rev. 5-8-20 1

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF SERVICES

Small Lot Vegetation Management

Bid No.: 22-246-S Closing Date: January 11, 2023 Time: 2:00 PM PT

Description: EWEB and Pure Water Partners (PWP) requires planting and vegetation maintenance on hundreds of private properties enrolled in the PWP program and/or on federal, state, county, industrial private timberlands, and EWEB owned lands. These properties are between 25 and 70 miles upriver from the Eugene city limits.

Purchasing Contact: Tim Rogers (541) 685-7109 tim.rogers@eweb.org

Prebid Conference: Voluntary – By Appointment

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

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

EUGENE WATER & ELECTRIC BOARD

ATTN: TIM ROGERS, CONTRACTS SPECIALIST

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Contact listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Bidders”.

mailto:tim.rogers@eweb.org

ITB #22-246-S Rev. 5-8-20 2

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Bidders 4

2 Sustainability 12

3 Scope of Work 14

4 Minimum Qualifications 19

5 Bid Form 20

Attachments

C Sustainability Questionnaire 26

H Bidder Qualifications and Reference Form 27

Exhibits

1 Sample Contract with Standard Terms & Conditions for the Purchase of Services

ITB #22-246-S Rev. 5-8-20 3

LEGAL ADVERTISEMENT

ITB #22-246-S

The Eugene Water & Electric Board (EWEB) requests bids from Contractors interested in providing required planting and vegetation maintenance on hundreds of private properties enrolled in the Pure Water Partners (PWP) program and/or on federal, state, county, industrial private timberlands, and EWEB owned lands. These properties are between 25 and 70 miles upriver from the Eugene city limits.

Bids shall be submitted to Tim Rogers, Contracts Specialist, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM, January 11, 2023. Bids will not be accepted after this hour and date.

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

https://oregonbuys.gov/bso/. (Search for bid # 22-246-S. For navigation help, please call 1-855-800-5046.)

A Voluntary pre-bid meeting will be provided through either EWEB or EWEB partners supporting restoration activities. The meeting will be for viewing the site location only, no discussion of the solicitation or scope of work will be offered. Appointments to attend a site visit will be coordinated through Tim Rogers at tim.rogers@eweb.org.

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

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

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470); may cancel the Invitation to Bid or reject any or all bids pursuant to EWEB Rule 3-0640.

Date: December 20, 2022

Tim Rogers, Purchasing Contact https://oregonbuys.gov/bso/

ITB #22-246-S Rev. 5-8-20 4

1. INSTRUCTIONS TO BIDDERS

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

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 BIDDER

TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

EWEB’s environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the Bidder to submit their bid using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content, are readily recyclable, and to avoid use of PVC and plastic. Bidders are responsible for all costs they may incur in connection with submitting a bid.

1.1 BID FORMAT

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

1.2 CONFORMANCE TO BID REQUIREMENTS

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

1.3 PRODUCT IDENTIFICATION

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

1.4 PROTEST OF SPECIFICATIONS / REQUEST FOR CHANGE

Protest of Specification - A Bidder who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing to:

Eugene Water & Electric Board, BID SPECIFICATION PROTEST, BID # 22-246-S, Attn: Tim Rogers, Contracts Specialist, Closing: 01-11-2023 4200 Roosevelt Blvd.

Eugene, Oregon 97401 or via email to tim.rogers@eweb.org.

If by email, insert the following in the subject header: BID SPECIFICATION PROTEST, BID #22-246-S

To be considered, protests shall be received no later than January 4, 2023, at 2:00 PM.

ITB #22-246-S Rev. 5-8-20 5

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Bidder’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Bidders. Bidders must exhaust all administrative remedies before seeking judicial review.

Request for Change – Bidders may include in the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). Bidders 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 Bidder, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL

TERMS AND CONDITIONS MAY ONLY BE MADE AT TIME OF BID SUBMISSION.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON BID

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

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

1.6 PRE-BID CONFERENCE

An optional Voluntary pre-bid meeting will be provided through either EWEB or EWEB partners supporting restoration activities. The meeting will be for viewing the site location only, no discussion of the solicitation or scope of work will be offered. Appointments to attend a site visit will be coordinated through Tim Rogers at tim.rogers@eweb.org.

BID SUBMISSION

1.7 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response, including any Addenda to be acknowledged, and one (1) pdf flash drive copy of combined documents shall be received and date/time-stamped by the EWEB Purchasing department prior to bid closing. To ensure that your bid receives priority treatment within our mailing system, it should be labeled with the following information:

Section 1.7 Bid Submission Continued on Next Page:

ITB #22-246-S Rev. 5-8-20 6

BID #22-246-S, January 11, 2023, 2:00 PM

Eugene Water & Electric Board, Purchasing Dept.

Attn: Tim Rogers 4200 Roosevelt Blvd.

Eugene, OR 97402

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted via a Commercial Carrier such as UPS or FedEx, or in person by appointment with the Purchasing Contact.

Bids received after the bid closing date and time will not be considered and be rejected. EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

(B) REQUIRED BID PACKAGE

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Bid Form (Section 5)

• Response to Minimum Qualifications (Section 4)

• Attachment C –Sustainability Questionnaire

• Attachment H – Bidder Qualifications and Reference Form

• Electronic copy, as detailed in Section 1.7(A)

(C) RESPONSIVENESS / RESPONSIBILITY

A “Responsive” bid is one that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder 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 bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their bid 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 send Addenda to registered Bidders by e-mail.

1.9 BID MODIFICATION

Modifications or erasures made before bid submission shall be initialed by the person signing the bid. Bids, once submitted, may be modified in writing before the time and date set for bid closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior bid submissions and any other prior bid modifications. Bid modifications shall be submitted in a sealed envelope clearly marked “Bid

ITB #22-246-S Rev. 5-8-20 7

Modification,” identifying the bid number and closing date and time. Bidders may not modify bids after bid closing date and time.

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

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

After bid opening, EWEB may conduct discussions with apparent responsive Bidders for the purpose of clarification to assure full understanding of the bid. All bids, in EWEB’s sole discretion, needing clarification shall be accorded such an opportunity. EWEB shall document clarification of any Bidder’s bid in the procurement file.

EWEB reserves the right to waive any or all informalities and irregularities per EWEB Rule 3-0470.

1.12 METHOD OF BIDDING

Bidders shall bid in the space(s) provided, all information required on the Bid Form for each service or supply of goods. Failure to do so may result in bid rejection.

The price of each item shall be clearly shown in the space provided. The price of each item shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail.

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.6

PROTEST OF SPECIFICATIONS. OR CONTRACT TERMS / REQUEST FOR CHANGE. Exceptions submitted with your bid, or in any manner other than the process provided herein, may cause your bid to be ruled non-responsive and rejected.

1.14 ALTERNATE PROPOSALS

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

1.15 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to Bid, together with copies of all documents pertaining to the award of a contract, shall be kept by EWEB and made a part of a file or record which shall be open to public inspection. If a bid contains any information that is considered a trade secret under ORS 192.345(2), each sheet of such information shall be marked with the following legend:

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

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

ITB #22-246-S Rev. 5-8-20 8

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

BID EVALUATION & AWARD

1.16 METHOD OF AWARD

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

EWEB reserves the right to make the award by line, or entire bid, whichever is in the best interest of EWEB.

1.17 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state

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

1.18 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the

Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.19 INVESTIGATION OF REFERENCES

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

1.20 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

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

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

1.21 TIME FOR ACCEPTANCE

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

1.22 BID RESULTS

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

the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. EWEB may, as a courtesy, provide the notification of Intent to Award to all participating Bidders.

ITB #22-246-S Rev. 5-8-20 9

1.23 PROTEST OF AWARD (EWEB Rule 3-0740)

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

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

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Contact 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 Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email address or postal address provided in the bid. 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 Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’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 Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, in accordance with the email/postal 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 Supervisor 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 ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

ITB #22-246-S Rev. 5-8-20 10

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

1.24 CANCELLATION, REJECTION, DELAY OF SOLICITATION

Pursuant to EWEB Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids, at any time after issuing the ITB, without liability incurred by EWEB, if EWEB believes it is in EWEB’s best interest to do so.

1.25 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a contract with the lowest responsive and responsible Bidder. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the bid response

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the lowest responsive and responsible Bidder if it reasonably believes that:

a) The Bidder is not discussing or negotiating in good faith; or

b) Further discussions or negotiations with the Bidder will not result in the parties agreeing to the terms and conditions of a final contract in a timely manner.

If EWEB terminates negotiations, EWEB may then commence negotiations with the next lowest responsive and responsible Bidder and continue the process until EWEB has determined to award the Contract to the Bidder with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

1.26 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in Exhibit 1 – Sample Contract, Section 11, have been provided and a Notice to Proceed or a Purchase Order has been issued by EWEB.

ITB #22-246-S Rev. 5-8-20 11

1.27 SCHEDULE OF EVENTS

The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed.

Invitation to Bid Issued December 20, 2022

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms January 4, 2023

Last day for EWEB to receive questions from Bidders January 4, 2023

Last day EWEB will post Addenda January 6, 2023

Closing date (last day to submit proposals to EWEB) January 11, 2023

Responses evaluated January 11-13, 2023

Intent to Award Announcement January 13, 2023

Board Approval February 7, 2023

Contract Award February 8, 2023

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2. 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.

2.1 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.

2.1.1 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.

2.1.2 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.

2.2 FUEL REDUCTION

2.2.1 WEB 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.

2.2.2 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.

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2.3 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.

2.3.1 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.

2.3.2 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

2.4 SOCIAL EQUITY

2.4.1 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.

2.4.2 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

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3. SCOPE OF WORK

3.1 BACKGROUND INFORMATION

The McKenzie River is the sole source of drinking water for over 200,000 people in the City of Eugene and surrounding communities. In September 2020, the Holiday Farm Fire (HFF) burned over 170,000 acres of the McKenzie River Watershed and destroyed over 400 homes and structures. In response to the HFF, the Eugene Water & Electric Board (EWEB) established the Watershed Recovery Task Force in collaboration with a range of partners to protect drinking water quality, restore habitats, and support private landowner and community recovery. The Task Force relied upon an existing collaborative framework established by the Pure Water Partners (PWP) program, which focuses on the voluntary conservation and restoration of riparian forests on private lands along the McKenzie River and major tributaries. This collaborative effort completed over 270 burn assessments, installed erosion control treatments on over 120 sites, planted native trees and shrubs on nearly 90 properties, and completed fuels reduction projects on over 30 properties during short-term recovery efforts from October 2020 – June 2021.

EWEB and the PWP has a need for a suite of services that include planting and vegetation management (Section 3.3) and invasive weed treatment/removal (Section 3.3). All work performed through this awarded Contract will be done on private lands enrolled in the PWP and/or public lands with signed agreements with EWEB. All work will be directed by and done in coordination with additional PWP member organizations that include the McKenzie River Trust (MRT), McKenzie Watershed Council (MWC), and Upper Willamette Soil and Water Conservation District (UWSWCD).

OVERVIEW:

EWEB and PWP requires planting and vegetation maintenance on hundreds of private properties enrolled in the Pure Water Partners (PWP) program and/or on federal, state, county, industrial private timberlands, and EWEB owned lands. These properties are between 25 and 70 miles upriver from the Eugene city limits.

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

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

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

• The PWP project manager will assign this work to the contractor using the ArcGIS Workforce application built on Survey123, or a similar electronic application

• The Contractor will provide a written estimate of costs associated with proposed work, including detail of workers and rates as defined in the Fee Schedule (Bid Table).

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

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

3.2 OBJECTIVES

The objective of this solicitation is to establish multiple contracts to provide the following goods and services:

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Services include:

1. Planting and Vegetation Management: Planting bare root native seedlings and/or spreading native seed mixtures;

2. Integrated Vegetation Management (IVM) including invasive weed removal, small-scale fuels treatments, pre-planting site preparation, and revegetation maintenance activities;

3.3 LENGTH OF CONTRACT

The CONTRACT FOR THIS PROJECT (“Contract”) will start from the date of award, approximately January 6, 2023, and will last approximately five years.

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed at Contractor’s business location, at properties enrolled in the Pure Water Partners (PWP) program and/or on federal, state, county, industrial private timberlands and EWEB owned lands.

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

3.5 SCOPE OF WORK

Work will be identified and detailed through site surveys completed by MWC, MRT and UWSWCD project managers.

Working with EWEB the PWP project managers will provide written prescriptions for identified management unit(s) associated with a site or property. Management units (units) could consist of invasive vegetation treatment and/or native tree and shrub plantings, with the goal of restoring or establishing native plants or native plant communities on a site. A single site could have multiple management units.

EWEB will then issue work to Contactor via approved Task Orders on a site or property basis, which could include multiple unit prescriptions. EWEB and PWP project managers will strive to cluster sites when issuing Task Orders for work efficiencies, but the Contractor is encouraged to organize their work to maximize efficiency and cost savings for use of crews, transportation, and equipment use. Contractor should communicate with PWP project managers and/or EWEB’s Contractor Administrator to suggest changes to Task Orders that can increase work efficiencies from the Contractor perspective when applicable.

All herbicide application shall be done with appropriate licensing, approved herbicides, and in compliance with industry best management practices. Contractors shall provide herbicide application log documentation to EWEB through the ArcGIS application or other mutually agreed upon format upon completion of each site location. Contractors shall maintain appropriate licensing and shall present copies of applicator, and trainee licenses upon request.

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

Contractor shall provide suppression of invasive pants to help ensure the restoration of native plant communities on sites designated by EWEB and the Pure Waters Partners are successful. Contractor should plan on doing the following work as part of planting and vegetation management activities.

Contactor shall supervise the work, and provide all tools, materials, and transportation required to perform the Work.

ITB #22-246-S Rev. 5-8-20 16

The personnel and equipment to accomplish this work should be included in the bid form. Bid is to be by prescription area or Management Unit (Unit). Units will typically be less than an acre, but in some cases could be up to 3 acres in size. Work performed on each unit will follow the prescription as designed by the site’s PWP project manager. EWEB’s Contract Administrator will issue Contractor Task Orders via the software platform for all prescribed work associated with a site or property and will coordinate this work with the PWP project managers. The Contractor will be accountable to the EWEB Contract Administrator in carrying out the work included in a Task Order.

SITE PREPARATION FOR PLANTING:

EWEB and the PWP will be planting riparian, floodplain, and upland areas in the winter/spring planting window. The exact extent and location of these planting areas will be determined through surveys the preceding summer and fall. Anticipated site preparation treatments required on targeted planting areas include:

1. Brush cutting treatment(s) manual in summer or fall.

2. Brush cutting treatment(s) mechanical in summer or fall.

3. Herbicide treatment in fall and/or spring

PLANTING:

Contractor shall be responsible for planting native trees and shrubs following best management practice (BMP) and practices employed by Willamette Valley restoration professionals. Plant materials to be planted may include bare root, plugs, and/or hardwood cuttings. Planting sites and size will vary widely among properties. EWEB in coordination with PWP project manger’s prescriptions will direct planting on a per-site basis. Each site will have a pre-site inspection with the PWP project manager and EWEB. From this pre-site inspection, contractor is to give EWEB and estimate for the work to be done within (3) three business days. Once the estimate is given by the Contractor, EWEB will coordinate the work with the Contractor and the PWP project manager.

Contractors shall be responsible for removing plant material to plant from a centralized storage facility, (i.e., Lloyd Knox Park) daily and responsible for protection from sun and wind until planted. Each plant will be inspected prior to planting to ensure the plant is heathy for placement. Dead or distressed plants will not be planted.

Contractors shall prepare the planting hole to be as wide as the spread of the roots to a depth in the center that maintains the root collar at the elevation of the surrounding finished grade and slightly deeper along the edges of the hole. All roots shall be spread out radially from the main stem in the prepared hole with roots in a near-natural arrangement, at a depth at which the top of the root system is covered by approximately one inch of soil after filling, packing, and leveling. A “near-natural arrangement” means that roots approximate the position they would have when growing in nature, and are not twisted, tangled, compacted, curled, or bent relative to a position that is perpendicular to the ground surface.

Contractors shall prune any stem-girdling or severely kinked roots removing the least amount of tissue possible. All root tips shall be directed away from the trunk. Each plant shall be set firmly in the ground, with moist soil filled in and placed firmly around the roots. Soil around the roots shall be lightly tapped to eliminate voids and reduce soil settlement. There shall be no air pockets adjacent to or near the roots.

Soil shall be leveled near the plant after planting and firming so that there are no depressions or mounds near the stem.

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Planting densities shall average approximately 2,600 stems per acre and a 4 to 1 shrub to tree ratio.

Individual spacing follows a general 3-foot by 4- foot planting plan with plantings spaced on average 3 feet apart within planting rows and rows spaced 4 feet apart. Actual planting density, shrub to tree ratio, plant spacing, and species composition will vary depending on site conditions, but will be outlined in the planting prescription developed by project managers for the site, and will be based on factors such as, but not limited to, the amount of natural regeneration, slope, slope position, aspect, and exposure.

Contractor shall be responsible for the preservation of all public and private property along and adjacent to the Work contemplated under the Contract and shall use every precaution necessary to prevent damage thereto. In the event the Contractor damages any property, the Contractor shall at once notify the property owner and the Contract Administrator, and make, or arrange to make, full restitution.

Contractor then shall report, in writing, to the Contract Administrator, all pertinent facts relating to such property damage and the ultimate disposition of the claim for damage.

PLANT MAINTENANCE:

Following the planting of native trees and shrubs, contractors will conduct maintenance activities to improve survival rates and protect plant seedlings for the first five years of their contract. The anticipated maintenance needs for these planting areas are as follows:

1. Mulch newly planted seedlings with chips provided on site in a 2–3’ diameter circle around each plant at a depth of 4-6 inches. Mulch will be chipped on site whenever possible, if chips must be brought in Contractor will be responsible for delivery of chips to the site location from the EWEB supply located at Lloyd Knox Park 200 Leaburg Dam Rd., Walterville, OR.

2. Herbicide treatment of invasive plants in spring, summer and/or fall.

3. Irrigation as needed based on observed conditions. Irrigation frequency is expected to be approximately 5 times on a three-week cycle starting in late June and ending in early September if needed. The duration of each set should allow for watering up to 12 inches deep. EWEB has a contract for providing a 3,000-gallon tender that can be staged to fill smaller tanks and refill as needed.

4. Manual brush cutting treatment targeting release of native plants and control of vegetation growth.

INTERGRATED VEGETATION MANAGEMENT (IVM):

IVM may include a range of manual and mechanical control and herbicide application as needed on prescribed properties. Invasive vegetation management in unplanted areas is expected to be done on a selective basis around existing native vegetation consistent with maintenance specifications in riparian restoration planting areas.

Select noxious invasive non-native weed debris will be piled and removed as requested.

IVM treatments may include:

1. Manual or mechanical cutting treatments.

2. Spot spray treatment in spring, summer, or fall.

3. Removal of select materials to off-site disposal locations.

4. Cut-stump herbicide treatments in the fall or winter.

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5. Basal frill herbicide treatments.

6. “Hack and Squirt” herbicide application treatments.

The active ingredient in any herbicides used must be limited to glyphosate, imazapyr, and triclopyr based chemicals. Herbicide labels and MSDS sheets must be supplied to EWEB prior to treatment season.

1. Treatment areas will require Contractor to use Personal Protective Equipment (PPE) as per label instructions. PWP PMs will not be onsite during chemical application and the labeled Restricted Entry Interval (REI) will be required for PWP PMs to return to the site. If multiple herbicides are used the REI will be based on the strictest chemical labeling that was used on that site or treatment area.

Target Invasive species include but not limited to:

• English ivy (Hedera helix)

• Himalayan blackberry (Rubus armeniacus)

• English holly (Ilex aquifolium)

• False brome (Brachypodium sylvaticum)

• Herb Robert (Geranium robertianum)

• Shining geranium (Geranium lucidum)

• Reed canary grass (Phalaris arundinacea)

• Scotch broom (Cytisus scoparius)

• Vinca or periwinkle (Vinca minor)

• Japanese knotweed (Reynoutria japonica)

• Spotted knapweed (Centaurea stoebe)

• Black locust (Robinia pseudoacacia)

Integrated vegetation management may include a range of mechanical, manual, and herbicide application as needed on prescribed properties as directed.

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4. MINIMUM QUALIFICATIONS (PASS/FAIL)

Following are the Minimum Qualifications that shall be met by all Bidders. Bidders shall respond to each of the Minimum Qualifications in writing in a brief and concise manner and include in their bid package.

Response to the Minimum Qualifications will be evaluated on a pass or fail basis. Only Bidders that meet all of the Minimum Qualifications will be eligible for award. EWEB does not pre-qualify Bidders; your bid must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

- EWEB requires a Contractor with a minimum of five (5) years of experience in planting and vegetation management, including plant identification and habitat restoration experience.

- Contractor may need to have an ArcGIS Online Creator Level License with ESRI ($500/year) to be able to receive work assignments and indicate when work has been completed, EWEB and the PWP are seeking a new project management software that may not necessitate this license.

Awarded Contractor will be advised.

- Contractor will demonstrate past projects that required similar skills and endurance (see

Attachment H)

- Herbicide Contractors will disclose the number of licensed herbicide applicators that they have as well as copies of all current applicator licenses. Contractor will provide copies of current licenses at any time upon EWEB’s request.

- Contractor shall perform vegetation maintenance and enhancement through the use of power equipment, such as but not limited to, weed-eaters, chainsaws, brush hogs, as well as backpack sprayers and hand tools as agreed upon by EWEB and the PWP organizations. Therefore, Contractor is required to have certain Special Equipment. Special Equipment required will include but is not limited to the following: Please attach a full equipment list available to your bid.

• Minimum 2.3bhp weed eaters (1 per crew member plus back-up)

• Billy-Goat or Brush-Hog type mower

• Irrigation tank and associated hoses

• Chipper for small-scale fuels reduction

• UTV capable of hauling gear and crew to remote areas

• Trailer for hauling materials

• Chainsaws

• Backpack sprayers

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5. BID FORM

RETURN THE FOLLOWING WITH YOUR BID RESPONSE, PER SECTION 1.7(B):

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

BID FORM – Section 5

RESPONSE TO MINIMUM QUALIFIACTIONS - Section 4

Attachment C –SUSTAINABILITY QUESTIONNAIRE

Attachment H –BIDDER QUALIFICATIONS AND REFERENCE FORM

FLASH DRIVE COPY – (Combine all documents in one pdf file)

A. BID PRICE

The Undersigned hereby offers to furnish all travel, labor, equipment and materials as necessary to perform the services described herein in strict accordance with the bid documents, and for the following amount(s). Prices include all costs of travel & expenses:

Please provide costs that include labor, travel, materials, and equipment in the HOURLY RATE for the following descriptions included in the bid table. Work is located up the McKenzie River Corridor for travel estimation purposes from Contractor’s address (point of hire) to site locations. The bid should reflect all disposal fees in the bid sheet.

PLEASE ATTACH AN HOURLY RATE SHEET OF YOUR EQUIPMENT, THIS WILL NOT BE USED IN THE BID RESULTS.

IN THE RARE EVENT THAT WORK SCHEDULED IS CANCELLED FOR THAT DAY AND CREWS ARE ALREADY ENROUTE OR ON-SITE, CONTRACTOR AGREES TO A HALF RATE OF THE HOURLY CHARGE FOR THE DAY. EWEB AND THE PURE WATER PARTNERS (PWP) WILL MITIGATE THIS TO THE FULLEST EXTENT POSSIBLE WITH

APPROPRIATE COORDINATION WITH THE LANDOWNER.

Please provide the Cost Per Hour for each of the items listed in the following Bid Table. For the Extended Cost in a line, please multiply the EWEB Estimated Hours by the Cost Per Hour. For the Total, please provide a sum of the Extended Cost column.

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ITEM

DESCRIPTION

EWEB ESTIMATED

HOURS

COST PER HOUR EXTENDED COST

1a. SITE PREPARATION – Lead Worker

2000 $____________ $____________

1b. SITE PREPARATION – Licensed Applicator

2000 $____________ $____________

1c. SITE PREPARATION - Laborer

2000 $____________ $____________

2a. PLANTING – Lead Worker 2000 $____________ $____________

2c. PLANTING - Laborer 2000 $____________ $____________

3a. IVM MAINTENANCE AND DISPOSAL FEE – Lead Worker

1600 $____________ $____________

3b. IVM MAINTENANCE AND DISPOSAL FEE – Licensed Applicator

1600 $____________ $____________

3c. IVM MAINTENANCE AND DISPOSAL FEE - Laborer

1600 $____________ $____________

4a. PLANT MAINTENANCE – Lead Worker

2000 $____________ $____________

4b. PLANT MAINTENANCE – Licensed Applicator

2000 $____________ $____________

4c. PLANT MAINTENANCE - Laborer

2000 $____________ $____________

TOTAL $____________

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B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small…