23-173-Q RFP - Hydraulic Modeling Services.pdf

Rev 1/20/23

RFP #23-173-Q Hydraulic Modeling Services

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Hydraulic Modeling Services

A&E

RFP No.: 23-173-Q Closing Date: Wednesday, October 4, 2023 Time: 2:00 PM PT

Description: On-Call Miscellaneous Hydraulic Modeling Services

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

Pre-Proposal Conference: NO

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

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, 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 Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing 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 Proposers” mailto:tim.rogers@eweb.org

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4

2 Statement of Services 9

3 Minimum Qualifications and Requirements 11

4 Evaluation Process & Proposer Selection 13

5 Evaluation Criteria 18

6 Proposal Form 20

ATTACHMENTS

C Sustainability Questionnaire 24

EXHIBITS

Sample Contract with Attachment A Standard Terms & Conditions Sample Work Order Contract Form

LEGAL ADVERTISEMENT

RFP #23-173-Q

HYDRAULIC MODELING SERVICES

The Eugene Water & Electric Board (EWEB) requests proposals from engineering consulting firms interested in providing on-call miscellaneous hydraulic modeling services using EWEB’s Infowater Model.

Proposals shall be submitted to Tim Rogers, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM PT, October 4, 2023. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid #23-173-Q. For navigation help, please call 1-855-800-5046.)

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

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

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470); may cancel the Request for Proposals; and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: September 1, 2023

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

1. INSTRUCTIONS TO PROPOSERS

All proposals and contracts are subject to the provisions and requirements of the Oregon Revised Statutes 279A and 279B 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

PROPOSER TO CHECK THE WEBSITE ON A TIMELY BASIS.

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted per Section 1.8 below.

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 Proposer to submit their response 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.

Proposers are responsible for all costs they may incur in connection with submitting a Proposal.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments shall be submitted with the proposal and in the required format.

1.3 PROTEST OF SPECIFICATIONS / REQUIREMENTS

A Proposer who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or 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, RFP SPECIFICATION PROTEST, RFP #23-173-Q

Attn: Tim Rogers, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to tim.rogers@eweb.org. If by email, insert the following in the subject header:

RFP SPECIFICATION PROTEST, RFP #23-173-Q

To be considered, protests shall be received no less than 5 business days before close (EW-3-0700(2)).

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

1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1), Attachment A Standard Terms and Conditions, or the Scope of Work included in this RFP document. Proposers may not protest or request to change the entire mailto:tim.rogers@eweb.org 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.

Terms included with Proposer’s proposal documents will not be considered unless they are listed in the Cover Letter as requested terms to negotiate.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL

TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL 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.

1.5 SIGNATURE ON PROPOSAL

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

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

Proposers shall NOT make any alterations to the original solicitation document. Any proposal that has been altered may be rejected.

1.6 CANCELLATION, REJECTION, DELAY OF RFP

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any proposals, if EWEB determines it is in the best interest of EWEB to do so.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

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

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

RFP #23-173-Q, October 4, 2023, 2:00 PM PT

Eugene Water & Electric Board/Purchasing 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.

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

(b) REQUIRED PROPOSAL PACKAGE Complete, sign, and return the following documents as proposal response. Failing to include these documents could lead to rejection of proposal.

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.4.

Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

• Proposal Form (Section 6)

• Response to Minimum Requirements (Section 3)

• Response to All Evaluation Criteria (Section 5)

• Attachment C – Sustainability Questionnaire

• Flash Drive Copy, as detailed in Section 1.8(A)

• Separately Sealed Fee Proposal (Section 5)

(c) RESPONSIVENESS / RESPONSIBILTIY A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

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

ORS 279B.110(2).

1.9 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the solicitation documents will be made in the form of Addenda. The Proposer is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their RFP Response.

All Addenda can be obtained electronically at the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. As a courtesy, EWEB will send Addenda to registered Proposers via e-mail.

https://oregonbuys.gov/bso/

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers may not modify proposals after RFP closing date and time.

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

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

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

1.13 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.3

PROTEST OF SPECIFICATIONS / REQUIREMENTS. Exceptions submitted with your proposal, or in any manner other than the process provided herein, may cause your proposal to be ruled non-Responsive and rejected.

1.14 ALTERNATE PROPOSALS

Proposers may submit more than one proposal. All proposals must comply with the requirements of the RFP except that additional proposals may incorporate, by reference, repetitive information which is provided in the complete proposal.

1.15 PROPRIETARY DATA/PUBLIC RECORD

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

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

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

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

1.16 SOCIAL EQUITY

EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF). 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:

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website to search for Qualified Rehabilitation Facilities from whom to procure products or services.

SCHEDULE OF EVENTS

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

Request for Proposal released September 1, 2023

Last Date for EWEB to receive Protest of Requirements/Specifications September 22, 2023

Last day for EWEB to receive questions from Proposers September 22, 2023

Last day EWEB will post Addenda September 26, 2023

Closing date (last day to submit proposals to EWEB) October 4, 2023

Responses evaluated October 4 – 11, 2023

Optional interviews / Presentations held TBD

Pricing evaluated October 11 – 13, 2023

Intent to Award announcement October 16, 2023

Contract award October 17, 2023

2. STATEMENT OF SERVICES

2.1 OBJECTIVES

EWEB is seeking engineering consulting services to perform on-call modeling tasks to assist in evaluating hydraulic conditions under various conditions within the distribution system.

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start on, approximately January 1, 2024, and will last approximately five years.

2.3 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Consultant’s business location.

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

2.4 ENGINEERS ESTIMATE

The EWEB estimate for defined Work Order Numbers 1-X of this project is To Be Determined, with a budget limit of approximately $150,000.00, over the five-year life of the resulting contract.

2.5 SCOPE OF WORK

a. General Consultant performance is based on deliverable products and outcomes (“Deliverables”). The selected Proposer and EWEB will negotiate the final description of work tasks and Deliverables, within the scope of what is advertised here, for inclusion in the Contract.

b. Background The Eugene Water & Electric Board provides water to approximately 183,000 people in the community of Eugene and its wholesale customers. EWEB has one intake and treatment plant on the McKenzie River. Water from the Hayden Bridge Water Filtration Plant is pumped through multiple transmission mains ranging from 60 inches to 24 inches in diameter to fill the three base level reservoirs. From the base level reservoirs, water is pumped to four pressure zones. EWEB’s distribution system consists of approximately 800 miles of distribution pipeline, 40 miles of transmission pipeline, 22 reservoirs, and 26 pump stations.

In 2009, EWEB rebuilt an InfoWater hydraulic model using the current GIS geodatabase. The new model rebuild included the addition of all pipelines and facilities, allocation of demand, and development of a method for model updates when the GIS data changes or when new facilities are added. In 2022, EWEB updated the InfoWater extended period model with new pipeline information, as per the current GIS geodatabase, updated demands, and calibrated the model.

c. SCOPE OF WORK Modeling tasks will be assigned on an as-needed basis. The following is a list of on-going modeling tasks that could be requested:

1. Refining the static and extended period calibration particularly in EWEB’s base level system and providing documentation of the calibration work.

2. Updating the model using the current GIS geodatabase including reallocating demands and completing verification work.

3. Assisting EWEB in developing a process for modeling main breaks and main improvements or replacements. This task would include providing training to EWEB employees covering how to use the model for these tasks.

4. Providing alternative and optimization analyses for capital projects including evaluating storage options, pump station configuration, pressure reducing stations, operational changes, reduction in peak energy consumption, and system curve development for pump stations.

5. Providing services for modeling emergency conditions within the EWEB distribution system to aid operations during outages or other events.

6. Modelling to determine the effects of taking facilities out of service and the maximum allowable duration.

Tasks will be issued as Work Order Contracts (WOC) as described in Exhibit 2.

d. EWEB RESPONSIBILITIES

EWEB will provide a copy of the existing model and a new version of EWEB’s GIS Geodatabase.

e. ESTIMATED BUDGET FOR WORK EWEB estimates the total budget for this work to be $150,000.00, over the five-year life of the resulting contract.

3. MINIMUM REQUIREMENTS (PASS/FAIL)

Following are the “Minimum Requirements” that shall be met by all Proposers. Response to this section will be considered on a pass or fail basis. Response to each and all requirements must pass before a proposal will be reviewed and scored by the evaluation team.

Proposers shall respond to each of the Minimum Requirements in writing in a brief and concise manner. (See Submittal section following.) EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

1. Proposer must have been in business providing engineering services for projects similar in scope and nature to the requirements specified in Section 2 - Statement of Services, continuously for at least 5 years. Proposer will provide client references for at least 3 of these contracts within the last 5 years.

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

3. Proposer should not have had a contract terminated for default or breach in the last 5 years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

Submittal for Minimum Requirements

Please provide the following information in a separate file labeled “Minimum Requirements”.

1. Company Information

a. Indicate whether Proposer is a sole proprietor, partnership, LLC, corporation or other (specify).

b. Indicate how many years Proposer has continuously been in business.

c. Indicate the number of years Proposer has had experience providing engineering services comparable to that required by the Contract documents.

2. Client References - Proposer shall provide references for 3 clients ordering engineering services in the past 5 years similar in nature to the requirements specified and required for this proposal. EWEB references may also be submitted but please list in addition to the other 3 projects. For each client reference, the following information shall be provided:

a. Name of client

b. Description of services furnished

c. Order due date & actual completion date

d. Original contracted cost and actual cost at time of Final Completion

e. Client contact person who can attest for Proposer’s performance, including email address, telephone number, and city/state located in. (This person should be notified by Proposer that EWEB may contact him/her for purposes of checking references.)

3. Licensure - Provide or demonstrate licensure, with the Oregon State Board of Examiners for Engineering and

Land Surveying, for all Proposer personnel who will be preparing work product for EWEB.

4. State whether or not Proposer has had a contract terminated for default or breach in the last 5 years. If

Proposer has had a default or breach in the last 5 years, please discuss the full details of this default or breach, to include the other party’s name, address and phone number.

4. EVALUATION PROCESS & PROPOSER SELECTION

EWEB intends to use a Qualifications Based Selection (QBS) process appropriate for A&E projects. A Multi-Step Evaluation Process will be used to determine scores and final rankings. The following is a high-level view of the process:

STEP ONE: Minimum Requirements responses will be reviewed for a Pass / No Pass assessment. Proposals that earn a Pass assessment will move forward to Step Two.

STEP TWO: Written proposals are evaluated, and preliminary scores are ascertained. Up to 3 (or at a natural break in scoring) of the most qualified Proposers will be included on the shortlist and interviews / presentations may be utilized. (These are optional to EWEB.) Pricing will NOT be evaluated during this step.

STEP THREE: At the completion of Step Two, EWEB will release scoring and rankings of the qualified Proposers.

Proposers may elect to withdraw from further consideration at this point. Pricing information for all remaining candidates will be reviewed and added to the final scores and a Finalist will be selected for negotiation of a contract.

The total possible number of points are as follows:

Criteria Possible Points

Step One - Minimum Requirements Pass / No Pass only

Step Two - Qualifications Each Sub-total Initial Evaluation

Hydraulic Modeling Project Approach 30 Hydraulic Modeling Project Experience 30 Project Team Experience 25 85

Step Three - Pricing 15

TOTAL POSSIBLE POINTS 100

4.1 Review and Acknowledgment of Defective Proposals

Due to limited resources, EWEB generally will not completely review or analyze proposals that on their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will EWEB generally investigate the references or qualifications of such proposals. Therefore, EWEB will not acknowledge whether or not an unsuccessful proposal was complete, Responsive, Responsible, sufficient, or lawful in any respect. This is a public solicitation, the processes and procedures which are established and required by Oregon law and EWEB adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as set forth in the RFP documents and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.

4.2 Right of Rejection

Proposers must comply with all of the terms of the RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Contact may reject any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If a Proposer does so, the Purchasing Contact may determine the proposal to be a non-Responsive counteroffer and the proposal may be rejected.

The Purchasing Contact may waive minor informalities that:

• do not affect Responsiveness

• are merely a matter of form or format

• do not change the relative standing or otherwise prejudice other offers

• do not change the meaning or scope of the RFQ/RFP

• are trivial, negligible, or immaterial in nature

• do not reflect a material change in the work

• do not constitute a substantial reservation against a requirement or provision

EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

A proposal from a debarred or suspended Proposer shall be rejected.

4.3 References

EWEB reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to Respondent's successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and lawful payment of employees and workers.

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the Proposer.

4.4 Responsibility

EWEB reserves the right to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful Proposer’s responsibility for performing the Contract, as defined in Rule 3-0500. Submission of a signed proposal shall constitute approval for EWEB to obtain any information EWEB deems necessary to conduct the evaluation. EWEB reserves the right to request additional information or documentation from the successful Proposer prior to award of a contract. Such information may include, but is not limited to, current and recent balance sheets, income statements, cash flow statements, or a performance bond from an acceptable surety. Failure to provide this information will result in the rescission of EWEB's Intent to Award.

EWEB may postpone the award of the Contract after announcement of the apparent successful Proposer in order to complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the proposal.

4.5 Clarification of Response

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

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation

Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

4.6 Evaluation Process

STEP ONE

Proposer responses to Minimum Requirements (Section 3) will be reviewed and evaluated on a Pass/No

Pass basis. Those proposals that Pass will move forward for a review of written responses.

STEP TWO

Qualifications

Proposals will be evaluated and shortlisted for up to 3 Proposers or at a natural break in scoring. Proposals will be ranked from highest score to lowest. EWEB reserves the right to conduct interviews to further refine scores or to move forward to Step Three at this point.

Interviews / Presentations

In Step Two, the outcome of the written proposal evaluations may result in placement on a shortlist of finalists. EWEB may invite up to three (3) of the highest-ranked firms (or at a natural break in scoring) to interview / present. Each Proposer’s representatives, as identified by EWEB, shall be prepared to attend the interview within five (5) business days of notification by EWEB, and shall be provided with information regarding what to prepare for.

The points awarded for the written proposals will be re-evaluated in light of interview responses and scores may be revised and updated.

STEP THREE

Pricing Evaluated

Upon completion of the written evaluation and any optional interviews, EWEB will begin Step 3 and announce the evaluation scores and rank for each shortlisted Proposer. At this point in the RFP process, any of the shortlisted Proposers will be permitted to withdraw from the solicitation process and consideration for award.

When all shortlisted Proposers have either declared their intention to continue or withdraw from the process, EWEB will then open the sealed, separate envelopes containing their pricing proposals. Pricing will then be scored and added to the other scores to determine final score results.

4.7 Notice of Intent to Award

After the completion of the evaluation and rankings, the Purchasing Contact will issue a written notice of

Intent to Award and send copies to all shortlisted Proposers. The notice will set out the names and ranks of the Proposers and identify the highest ranked Proposer selected for award (“Finalist”).

4.8 Contract Negotiation

EWEB will begin negotiating a Contract with the Finalist and will 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 reasonably related to those expressly authorized for negotiation in

Section 1.4 of this Request for Proposal.

A sample contract (Exhibit 1) and its related Attachment A Standard Terms and Conditions is attached for Proposer reference.

At any time during discussions or negotiations, EWEB may terminate such discussions or negotiations with the highest-ranked Proposer if it reasonably believes that:

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

b) Further discussions or negotiations with the Finalist 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 highest ranked Proposer (the new “Finalist”) and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

4.9 Proposer Selection

The firm with the highest total score as a result of written proposal/pricing scoring will be awarded the Contract.

4.10 Ties Among Proposers

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

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

4.11 Protests and Judicial Review of Competitive Bidding and Proposals Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are Non- Responsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's proposal or proposal as Non-Responsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules. The protest process may not be used to protest non-inclusion in the Competitive Range.

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

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

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing 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 or postal address provided in Proposer’s proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination (response) 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, the protesting party a written response within three (3) business days of receipt of written appeal to the email/postal address provided in Proposer’s RFP response,

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 RFP and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

i) An adversely affected or aggrieved Proposer must exhaust all avenues of administrative review procedures and relief before seeking judicial review of EWEB's Consultant selection or Contract award decision.

5. EVALUATION CRITERIA

Instructions - Include in your proposal package a response to the following questions, listing the question first and the response directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive and rejected.

5.1 Required Response Document

Written Proposals must include a complete response to all Evaluation Criteria listed in this Section.

DO NOT INCLUDE ANY COST DATA RELATED TO PROPOSED FEES, HOURLY RATES, REIMBRUSABLE COSTS, ETC.

5.1.1 Proposals should be prepared simply and economically, providing straightforward, concise descriptions of qualifications and previous experience to satisfy the requirements of the RFP. EWEB requests that all proposals conform to the following:

� All copies should be double sided.

� Avoid superfluous use of paper.

� The use of plastic covers, dividers, and binders should be avoided. Please staple all copies submitted.

� Information provided shall be organized in the same general sequence as under

Sections 5.2.1 and 5.2.2, etc...

5.1.2 Each response shall include the following documents, which will not be scored:

A. Title Page. Proposer should identify the RFP title, the name and title of the contact person, address, telephone number, fax number, e-mail address and date of submission.

B. Table of Contents. Should be part of the proposal and include a clear and complete identification by section and page number of the materials submitted.

C. Cover Letter. This letter should include the following at a minimum:

• A brief statement of the Proposer’s understanding of the services to be performed.

• The names of persons authorized to represent the proposer, their title, address and telephone number.

• Acknowledgement that your firm accepts ALL terms and conditions contained in this solicitation, and agrees to sign the Contract. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.4.

• Proposers shall indicate if they have had a contract terminated for default in the last five years in accordance with Section 1.8(B).

• Letter must be signed by company representative authorized to bind organization to the information included in the response.

5.2 Evaluation Criteria

Proposers shall include the items identified in the following sections.

5.2.1. Hydraulic Modeling Project Approach (30 points)

Provide a brief summary of your firm’s approach to completing successful modeling tasks.

Include a summary of your quality control program, describe how your team will document all completed modeling work, and provide two sample final products from past modeling projects.

5.2.2. Hydraulic Modeling Project Experience (30 points)

Describe how your firm is organized and how its resources will be utilized to complete modeling tasks that involve calibration and design tasks.

Provide a summary of relevant hydraulic modeling experience using InfoWater for tasks similar to those listed in the scope of work.

Provide brief descriptions of at least five projects involving similar work as those listed in the scope of work.

Provide two samples of final work products from a two modeling projects completed within the last two years as a PDF on your digital copy submission (i.e. CD or flash drive). Do not include paper copies of work samples.

Submit references for three of the projects described above. Include the Owners name, organization name, and current contact information.

5.2.3. Project Team Experience (25 points)

Provide a description of the proposed staffing and organization to be used for this project.

Submit a resume describing relevant experience for each team member. Proposed Team Members shall be considered Key Persons, as defined under Exhibit 1 – Sample Contract, Section 3.

5.3 Pricing Proposals (15 points possible) REQUESTED FOR STEP 3 ONLY

IMPORTANT NOTE: BE SURE TO SEND PRICING IN A SEPARATE, SEALED ENVELOPE (WHICH CAN BE PLACED

INSIDE THE LARGER PROPOSAL ENVELOPE). PRICING WILL NOT BE VIEWED BY THE EVALUATION TEAM UNTIL STEP 3. FAILURE TO SEAL PRICING INFORMATION SEPARATELY WILL LIKELY LEAD TO PROPOSAL

REJECTION.)

Provide details of staff positions and hourly rates. Sub-total between the major areas of work to match project approach.

• Provide a breakdown and dollar amounts for all anticipated expenses (travel, per-diem, etc.) to be reimbursed by EWEB during the term of the Contract.

• Provide any other breakdowns you would like to see. (e.g. equip. costs (rentals) etc. necessary to perform the work.

• Points will be awarded based on hourly fees.

6. PROPOSAL FORM

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

A. RETURN THE FOLLOWING WITH YOUR PROPOSAL RESPONSE, PER SECTION 1.8B:

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

COVER SHEET, with introduction of firm and the following:

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.8(B).

o Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

NOTE: If a Proposer has had a contract terminated for default in this period, then the Proposer shall submit full details including the other party’s name, address and phone number. EWEB will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of Proposer’s past performance.

PROPOSAL FORM – Section 6 RESPONSE TO MINIMUM QUALFICAITIONS per Section 3 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5

ATTACHMENT C – SUSTAINABILITY QUESTIONNAIRE

FLASH DRIVE COPY – Combine all documents in one pdf file SEPARATELY SEALED FEE PROPOSAL per Section 5

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

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? (Indicate Yes or No) _______

If yes, please indicate which of the following applies: ______________________________

Minority Owned, Woman Owned, Emerging Small Business, or 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

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. Consultant 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 Consultant’s performance. Consultant is responsible for determining the appropriate means and manner of performing the Work.

2. The parties covenant that Consultant, its sub-consultants, 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. Consultant agrees it is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Consultant under this Contract and shall hold EWEB harmless from such financial exposures.

CONTRACT SIGNATURE / EXECUTION

F. ASSURANCES:

The undersigned attests that they:

Have read and understand all instructions, requirements, Addenda, site conditions, and terms and conditions contained herein (including the attachments and exhibits listed in this solicitation).

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

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

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

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

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

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

Have not directly or indirectly induced or solicited another Proposer, in order to benefit a third person, to submit a false or sham proposal, to refrain from proposing, or to change a proposal;

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

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

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