23-012-S ITB Carmen Transmission Line and Canals Vegetation Management.pdf

Rev. 5-8-20 1

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF SERVICES

CARMEN TRANSMISSION LINE AND CANALS VEGETATION MANAGEMENT

Bid No.: 23-012-S Closing Date: March 1, 2023 Time: 2:00 PM PT

Description: Vegetation management services at EWEB properties.

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

Prebid Conference: NO

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

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

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”.

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

Minimum Qualifications Bid form

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

Rev. 5-8-20 3

LEGAL ADVERTISEMENT

ITB #23-012-S

Carmen Transmission Line and Canals Vegetation Management

The Eugene Water & Electric Board (EWEB) requests bids from Contractors interested in providing vegetation maintenance services at EWEB's Carmen-Smith project along the transmission line and/or along the banks of the Leaburg and Walterville hydroelectric canals or on properties associated with the canals along the McKenzie River. EWEB requires a Contractor with a minimum of Five (5) years of experience in vegetation management, including plant identification and habitat restoration experience. In addition, EWEB also requires the Contractor to own and have the ability to utilize an EWEB compatible GIS mapping system, such as ARC-View GIS.

Bids shall be submitted to Tim Rogers, Contracts Specialist, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM, March 1, 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 # 23-012-S. For navigation help, please call 1-855-800-5046.)

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: February 7, 2023

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

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 / REQUIREMENTS

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 # 23-012-S, 03-01-2023

Attn: [Insert Name], Purchasing 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 #23-012-S

To be considered, protests shall be received no later than 5 business days before the ITB closing date (per mailto:tim.rogers@eweb.org

Rev. 5-8-20 5

EW-3-0700(2)).

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.

1.5 PROPOSER’S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Bidders may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1). (Bidders may show proposed changes by providing proposed revisions in cover letter.) 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 BE MADE AT TIME OF BID SUBMISSION. THERE MAY BE NO

OPPORTUNITY TO DO SO AT A LATER DATE.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.6 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.

1.7 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.

1.8 RESERVED

BID SUBMISSION

1.9 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response, including any Addenda to be acknowledged, (1) hard copy, 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:

Rev. 5-8-20 6

BID #23-012-S, March 1, 2023, 2:00 PM

Eugene Water & Electric Board, Purchasing Dept.

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.

• Cover Letter

• Response to Minimum Qualifications (Section 4)

• Bid Form (Section 5)

• Attachment C –Sustainability Questionnaire

• Hard Copy as detailed in Section 1.9(A)

• Electronic copy, as detailed in Section 1.9(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).

1.10 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.

1.11 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

Rev. 5-8-20 7 modifications. Bid modifications shall be submitted in a sealed envelope clearly marked “Bid Modification,” identifying the bid number and closing date and time. Bidders may not modify bids after bid closing date and time.

1.12 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.

1.13 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 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.

1.16 METHOD OF BIDDING

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

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

Bidders may bid on Lot 1, Lot 2, or both.

1.17 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."

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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.

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

BID EVALUATION & AWARD

1.18 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible Bidder(s) for the total of the items selected for award. 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 item, groups of items, or entire bid, whichever is in the best interest of EWEB.

1.19 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.

1.20 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.

1.21 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.

1.22 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.

1.23 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.

1.24 BID RESULTS

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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.

1.25 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

Rev. 5-8-20 10

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.

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.

1.26 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.

1.27 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in the Sample Contract (Exhibit #1), have been provided and a Notice to Proceed or a purchase order has been issued by EWEB.

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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 February 7, 2023

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms February 22, 2023

Last day for EWEB to receive questions from Bidders February 22, 2023

Last day EWEB will post Addenda February 24, 2023

Closing date (last day to submit proposals to EWEB) March 1, 2023

Responses evaluated March 1-3, 2023

Intent to Award Announcement March 6, 2023

Board Approval April 4, 2023

Contract Award April 5, 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 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.

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

EWEB is required under our two FERC licenses to manage vegetation on the following two areas of EWEB owned or controlled properties to standards specific to each site.

Lot 1 (Carmen Smith Transmission Corridor): Work is traditionally performed in the fall when fire hazards are at a minimum.

Lot 2 (Leaburg/Walterville Canals): Work is required to be performed at least twice (two rounds) per season and is performed from spring through summer to comply with FERC standards. The exact timing of each round is dependent on spring/summer weather and directed by EWEB’s Environmental Specialist.

3.2 LENGTH OF CONTRACT

The CONTRACT FOR THIS PROJECT (“Contract”) will start from the date of execution and will last approximately five years.

3.3 DEFINITIONS

• Loaded Labor Rate: the hourly rate of pay for an employee, plus employee benefits, capital expenses, equipment and transportation, and other overhead.

• ES: Environmental Specialist

• Lined Out: Assigned Work Area and specified standards.

LOT – 1

3.4 OBJECTIVES

EWEB requires Vegetation Management services along at the Carmen Smith Transmission Corridor.

Federal Regulations Require EWEB to maintain this corridor during Fall months. This project site is approximately 70 miles upriver from the Eugene city limits. Federal, State, and local regulations require EWEB to maintain this area.

EWEB requires a Contractor with a minimum of Five (5) years of experience in vegetation management, including plant identification and habitat restoration experience. In addition, EWEB also requires the Contractor to have the software and ability to utilize EWEB compatible GIS mapping. Such as ARC-View

GIS.

3.5 SCOPE OF WORK

3.5.1 Contractor shall perform a variety of vegetation control practices including weedeating and chainsaw work: hand pulling, grubbing, cutting, use of small hand, and power tools along the 19 mile, Carmen Smith Transmission Corridor, as needed and agreed upon by EWEB’s Environmental Specialist

(ES).

3.5.2 Workers to weed select vegetation to ground level utilizing weedeaters and chainsaws. Non-target (desirable) vegetation will be selectively pruned to a standard of 5 feet with hand tools, including power shears. Large areas will require shearing desirable vegetation at 5’ utilizing extension type power shears and extension chainsaws. Debris will be piled or bagged and removed, as requested.

EWEB will pay/reimburse Contractor for all disposal fees.

Rev. 5-8-20 15

3.5.3 Equipment requirements include, but may not be limited to, power weed-eaters, brush-hog mowers, power saws and trimmers, as approved by EWEB’s Environmental Specialist (ES).

Specific equipment required for the contract includes:

• Minimum 2.7 hp weedeaters (1 per crew member, plus minimum of 1 back-up). Equipped with Oregon Jet Fit type string trimmer head (or equivalent)

• Billy-Goat or Brush-Hog type mower.

• UTV capable of hauling gear and crew to remote areas.

• Chainsaws Utilizing non-toxic bar oil (non-petroleum product).

• Extension type power shears (minimum of 2)

• Extension power saws

• EWEB compatible GIS systems (such as Arc View-GIS

3.5.4 Contractor shall provide 3-6 person crews for either (5) 8-hour shifts or (4) 10-hour shifts per week.

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

3.5.6 Upon request, Contractor shall salvage, recycle, compost or mulch vegetative waste material at an approved site, pursuant to ORS 279B.225. EWEB will pay/reimburse Contractor for all disposal fees.

3.5.7 Contractor will be observant of and report any vandalism or physical hazards back to the VCC. (W 541-687- 7125 C 541-953-0907)

3.5.8 Contractor shall be aware of all pedestrian and automotive corridors within proximity of work areas and take precautions to avoid hazardous debris entering such areas. Any work that cannot be accomplished safely due to pedestrian/auto traffic or other conditions shall not be performed.

3.5.9 EWEB’s Carmen Smith staff shall be informed of Contractor’s presence and location prior to the beginning of each work Day (541-984-4739)

3.5.10 Crews will be lined out on a weekly or project basis by the EWEB Environmental Specialist (ES) or assignee. The ES will instruct the crews on area specific needs, prioritization and methods of treatment.

Crews will also be directed by EWEB’s project staff when needed.

3.5.11 Contractor will provide GIS mapping on select species or conditions along the project as requested by the ES. he ability to identify and document weed populations with a GIS program such as Arc-GIS is required.

3.5.12 Contractor shall make consistent progress toward project completion, providing services on time and on budget.

3.6 SAFETY REQUIREMENTS

3.6.1 Contractor shall wear high visibility safety vests when on work sites.

3.6.2 Contractor shall wear appropriate PPE including eye and ear protection, gloves, and hard hats.

3.6.3 Contractor shall be aware of all pedestrian and automotive corridors within proximity of work

Rev. 5-8-20 16 areas and take precautions to avoid hazardous debris entering such areas. Any work that cannot be accomplished safely due to pedestrian/auto traffic or other conditions shall not be performed.

3.6.4 The Work may require Contractor to run weed-eaters 40 hours per week for an extended period. The work will occur in all types of weather and often on relatively steep banks with riprap, loose soils, and tripping hazards. (Some work will be required in areas with banks of approximately 2H:1V to 4H:1V slopes.) Contractor is likely to encounter stinging insects. It is important that the individuals selected for this work are both physically and mentally prepared for the conditions and duration of the project.

3.6.5 All transmission structures including lines, towers, and guy-wires are to be considered live.

Contractor shall avoid contact with such structures at all times.

3.7 SITE PROTECTION

3.7.1 Contractor shall ensure boots and tools are free of weed, seed, soil and plant materials prior to entering the worksite.

3.7.2 Contractor shall be observant of and report any vandalism or physical hazards and report back to the ES.

3.7.3 Accidental archaeological finds - Archaeological resources are protected by state and federal law. “Inadvertent finds” of archaeological resources can occur when site work accidentally unearths an artifact (e.g. a scraping tool or funerary object), Native American grave, or archaeological site. Inadvertent finds can also occur when just walking around the project area (e.g. a projectile point is found lying on the ground). Following the process below will help protect archaeological resources and ensure compliance with the law:

If an artifact is found on the surface of the ground:

• Note its location.

• Leave the artifact(s) in place.

• Call the EWEB Liaison as soon as possible. (541-687-7125)

• Non-ground-disturbing activities can continue so long as artifact not disturbed.

LOT - 2

3.4 OBJECTIVES

EWEB requires Vegetation Management services along the banks of the Leaburg and Walterville hydroelectric canals or on properties associated with the canals along the McKenzie River during Spring and Summer months. The canals are approximately 16-30 miles outside of the Eugene City Limits Federal Regulations Require EWEB to maintain these canals. EWEB requires a Contractor with a minimum of Five

(5) years of experience in vegetation management, including plant identification and habitat restoration experience. In addition, EWEB also requires the Contractor to have the software and ability to utilize EWEB compatible GIS mapping, such as ARC-View GIS.

3.5 SCOPE OF WORK

3.5.1 Work will consist primarily of weed-eating and chain saw work along ten miles of

Rev. 5-8-20 17 canal banks with approximately 2H:1V to 4H:1V slopes, as agreed upon by EWEB’s Environmental Specialist (ES).

3.5.2 Contractor shall weed-eat or mow all vegetation to ground level (no taller than 4”). Weeds will be left in place unless otherwise requested.

3.5.3 Equipment requirements include, but may not be limited to, power weed-eaters, brush-hog mowers, power saws and trimmers, as approved by EWEB’s Environmental Specialist (ES).

Specific equipment required for the contract includes:

• *Minimum 2.3bhp weedeaters (1 per crew member plus minimum of 1 backup).

• **Billy-Goat or Brush-Hog type mower.

• Chainsaws

• UTV capable of hauling gear and crew to remote areas.

• EWEB compatible GIS systems (such as Arc View-GIS).

3.5.4 Contractor shall provide 3 - 6 person crews for either (5) 8-hour shifts or (4) 10-hour shifts per week.

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

3.5.6 Workers to weed-eat or mow all vegetation to ground level (no taller than 4 inches).

3.5.7 Weeds will be left in place unless otherwise requested.

3.5.8 Upon request, Contractor shall salvage, recycle, compost or mulch vegetative waste material at an approved site, pursuant to ORS 279B.225. (This applies to certain Noxious/Invasive, Non-Native species)

3.5.9 Contractor will be observant of and report any vandalism or physical hazards back to the ES. (W 541-687- 7125 C 541-953-0907)

3.5.10 Contractor shall be aware of all pedestrian and automotive corridors within proximity of work areas and take precautions to avoid hazardous debris entering such areas.

Any work that cannot be accomplished safely due to pedestrian/auto traffic or other conditions shall not be performed.

3.5.11 On Leaburg/Walterville projects, EWEB’s Leaburg/Walterville staff shall be informed of Contractor’s presence and location prior to the beginning of each work day (541- 852-1906).

3.5.12 Contractor crews will be lined out on a weekly or project basis by the EWEB Environmental Specialist (ES) or assignee. The Environtmental Specialist will instruct the crews on area specific needs, prioritization and methods of treatment. Contractor crews will also be directed by EWEB’s project staff when needed.

3.5.13 Contractor will provide GIS mapping on select species or conditions along the project.

Rev. 5-8-20 18

3.5.14 Anticipated duration is 8-15 weeks for a 3-6 person crew. A not to exceed amount, which includes any allowable expenses, will be established each year. The 2018 not to exceed amount is $55,000.

3.5.15 Contractor shall make consistent progress toward project completion, providing services on time and on budget.

3.6 SAFETY REQUIREMENTS

3.6.1 Contractor shall wear high visibility safety vests when on work sites.

3.6.2 Contractor shall wear appropriate PPE including eye and ear protection, gloves, and hard hats.

3.6.3 Contractor shall be aware of all pedestrian and automotive corridors within proximity of work areas and take precautions to avoid hazardous debris entering such areas. Any work that cannot be accomplished safely due to pedestrian/auto traffic or other conditions shall not be performed.

3.6.4 Contractor to supply basic safety plan to explain standards for PPE and safe work practices, including safety and fire training.

3.6.5 This job will require Contractor to run weed-eaters 40 hours per week for an extended period.

The work will occur in all types of weather (primarily during summer months) on relatively steep banks with riprap, loose soils, and tripping hazards. Contractor isare likely to encounter stinging insects. It is important that the individuals selected for this work are both physically and mentally prepared for the conditions and duration of the project.

* Some work will be required in areas with banks of approximately 2H:1V to 4H:1V Slopes

3.6.6 Work to begin in March/April in order to provide an initial cut prior to annual FERC inspections (typically in late April). Minimum of two (2) cuts to be performed annually. Clearing to continue as directed until not to exceed limit is reached.

3.6.7 Contractor shall take all necessary precautions for the safety of contractor employees, subcontractors, suppliers, inspectors, and Owner employees on the job site or otherwise engaged in the undertaking of the Work and shall comply with the Contract Documents, best practices, and all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the Work, all necessary safeguards for protection of workers and the public against any hazards created by the Work.

3.6.8 The Contractor shall comply with all federal, state, and local safety and health regulations and laws including, but not limited to, the following:

• Oregon Revised Statutes - ORS 654 – The Oregon Safe Employment Act

• Oregon Administrative Rules - OAR 437, Divisions 1-3 - The Oregon Occupational Safety and Health Division (Or-OSHA)

• Department of Labor and Industries regulations and laws

• Oregon Department of Transportation regulations and laws

• United States Department of Labor Law - 29 CFR 1910 and 29 CFR 1926 – Occupational Safety & Health Administration

Rev. 5-8-20 19

3.7 SITE PROTECTION

3.7.1 Contractor shall ensure boots and tools are free of weed, seed, soil and plant materials prior to entering the worksite.

3.7.2 Contractor shall be observant of and report any vandalism or physical hazards and report back to the Environmental Specialist.

3.7.3 Accidental archaeological finds:

Archaeological resources are protected by state and federal law. “Inadvertent finds” of archaeological resources can occur when site work accidentally unearths an artifact (e.g. a scraping tool or funerary object), Native American grave, or archaeological site. Inadvertent finds can also occur when just walking around the project area (e.g. a projectile point is found lying on the ground). Following the process below will help protect archaeological resources and ensure compliance with the law:

If an artifact is found on the surface of the ground:

• Note its location.

• Leave the artifact(s) in place.

• Call the EWEB Liaison as soon as possible. (541-687-7125)

• Non-ground-disturbing activities can continue so long as artifact not disturbed.

Rev. 5-8-20 20

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.

1. Utilizing the included Attachment H – Bidder Qualifications and Reference Form, list at least three (3) past company projects that required similar skills and endurance to that needed to fulfill the Scope of Work for this Contract. Include client company name, at least one (1) client representative who can discuss the project and be willing to take a reference call from EWEB, representative’s email address and phone number.

2. Please provide information demonstrating how your crew has experience with identifying and controlling noxious weeds utilizing Integrated Pest Management techniques.

3. Please provide copies of current Commercial Pesticide Operators License (company) and Commercial

Pesticide Applicators license issued by Oregon Department of Agriculture.

4. Please provide copy of forestry and aquatic credentials for pesticide applicator.

5. Please discuss your EWEB compatible GIS systems (such as Arc View-GIS).

Rev. 5-8-20 21

5. BID FORM

RETURN THE FOLLOWING WITH YOUR BID RESPONSE, PER SECTION 1.9(B):

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

RESPONSE TO MINIMUM QUALIFICATIONS - Section 4

BID FORM – Section 5

Attachment C –SUSTAINABILITY QUESTIONNAIRE

Attachment H –BIDDER QUALIFICATIONS AND REFERENCE FORM

HARD COPIES – as detailed in Section 1.9(A)

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 and equipment:

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.

LOT 1 - Carmen-Smith Transmission Corridor:

BID FORM CONTINUED ON NEXT PAGE:

ITEM

DESCRIPTION

EWEB ESTIMATED

HOURS

COST PER HOUR EXTENDED COST

1 Loaded Labor Rate for one (1) Crew Member (including all costs, including transportation and equipment)

7,500 $____________ $____________

TOTAL $____________

Rev. 5-8-20 22

LOT 2 – Leaburg, Walterville & McKenzie River Canal Properties:

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

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

Minority Owned ____ Woman Owned ____ Emerging Small Business ____ Veteran Owned ____

D. BIDDER RESIDENCY

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

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

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

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

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

ITEM

DESCRIPTION

EWEB ESTIMATED

HOURS

COST PER HOUR EXTENDED COST

1 Loaded Labor Rate for one (1) Crew Member (including all costs, including transportation and equipment)

7,500 $____________ $____________

TOTAL $____________

Rev. 5-8-20 23

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

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

c. If a Non-Resident Bidder, enter state of residency:

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

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

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

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

E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

1. Contractor certifies its status as an independent contractor in satisfaction of Oregon law, including ORS

670.600, and shall perform all required Work as an independent contractor. EWEB holds the right (i) to determine the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, but EWEB cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Work.

2. The parties covenant that Contractor, its subcontractors, agents, officers and representatives do not qualify as officers, employees, or agents of EWEB as those terms are used in ORS 30.265 nor shall they seek such qualification relating to performance of the Work.

3. Contractor agrees it is responsible for all federal and state…