Addendum 4 - RFP 25-086-Q.pdf

Rev 4-21-20

September 3, 2025

ADDENDUM #4

Joint Use Inspection, Make Ready Requirements, and Pole Loading Analysis

RFP 25-086-Q

This addendum modifies the bidding document(s) for work only to the extent indicated herein. All other areas not specifically mentioned or affected by this addendum shall remain in full force. This addendum shall be added as a part of the original bidding document and shall become part of the work required.

Description of Change(s)

1. This solicitation is hereby amended from 25-086-S to 25-086-Q, in conversion to Qualified Based Selection (QBS).

2. The attached Exhibit 1 is hererby added to the Solicitation in replacement of Section 4 – Evaluation Process &

Proposer Selection, Section 5 – Evaluation Criteria, Section 6 – Proposal Form, and Exhibit 1 – Sample Contract.

CLOSING DATE AND TIME

All references to the closing date and time are changed to the following:

Proposal Submission no later than: 2:00 p.m. (PST) -- Thursday, September 25, 2025

This addendum constitutes a MATERIAL CHANGE to the bid. ITS RECEIPT BY THE PROPOSER IS TO BE ACKNOWLEDGED BY A SIGNATURE AND RETURNING A COPY OF THE ADDENDUM WITH ITS RESPONSE OR BY CIRCLING THE ADDENDUM

NUMBER IN THE APPROPRIATE AREA ON THE PROPOSAL FORM.

Addendum prepared by:

Kristin Kokkeler, Purchasing Analyst

The undersigned hereby acknowledges receipt of this Addendum and agrees to be bound by the conditions therein.

Company Name: ________________________________

Signature: ______________________________________ Date __________________________

End of Addendum

RFP 25-068-S Joint Use Inspection, Make Ready Requirements, and Pole Loading Analysis 1

4. EVALUATION PROCESS & CONTRACTOR 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 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

Project Management 25 Process and Communication 20 Key Staff Experience 25 References From Past Clients 10 Value Added Services 5 85

Interviews (Optional to EWEB) “Scores Finalized”

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

RFP 25-068-S Joint Use Inspection, Make Ready Requirements, and Pole Loading Analysis 2 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 an Proposer does so, the Purchasing Contact may determine the proposal to be a non-responsive counter-offer 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, or,

• 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 request and 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.

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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 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 will forward a Shortlist Notification to all participating Proposers, stating 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 request the pricing proposal for the scope of work related to the project. PROPOSERS SHOULD BE PREPARED TO EMAIL PRICING PROPOSALS TO THE PURCHASING CONTACT WITHIN 24 HOURS.

4.7 Interviews / Presentations

Should a Multi-tiered process be used, the outcome of the written proposal evaluations in Tier One may result in placement on a short list 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 key persons, 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.

Upon completion of interviews, points awarded for the written scores will be reviewed and finalized.

4.8 Contractor Selection

If a Contract is awarded, EWEB shall award the Contract to the responsible Proposer whose proposal EWEB determines in writing to be the most advantageous to EWEB based on:

a) The evaluation process and evaluation factors described in this Request for Proposals;

b) Any applicable preferences allowed by EWEB Rules, Division 2; and when applicable,

c) The outcome of any negotiations authorized by this Request for Proposals

If this Request for Proposals specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible Proposers who qualify for the award of a Contract under the terms of this Request for Proposals.

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

4.9 Notice of Intent to Award

After the completion of the evaluation and final ranking, the Purchasing Contact will issue a written notice of Intent to Award to all Proposers and post on the OregonBuys website. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award (“Highest Ranked Proposer” or “Finalist”).

4.10 Contract Negotiation

Upon announcement of Intent to Award, EWEB will begin negotiating a Contract with the Highest Ranked Proposer and shall conduct 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 resulting in the final Contract.

A sample contract (Exhibit #1) 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 Proposer 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 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 does 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.

4.11 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 nonresponsive; 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 nonresponsive; 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 emailed to the Purchasing Contact and received within seven (7) days after the notice of intent to award the Contract has been posted on the bid site. “Protest of RFP XXX-XXX-X” shall be entered in the subject header of the email. The Purchasing Contact will email a reply acknowledging receipt of the notice. EWEB will not consider late protests.

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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 on 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 the protesting party a written response within three (3) business days of receipt of the written protest to the email 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 via email 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 the protesting party a written response within three (3) business days of receipt of written appeal to the email 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 an emailed 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.

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

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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 Project Management (25 points possible)

Demonstrate Proposer’s ability to clearly define the desired action to be taken and to perform the tasks and subtasks identified in the Scope of Work.

Responses should address the following:

• Profile information for key contacts

• Staff training and certifications, provide assurance of knowledge of NESC and safe work practice

• Project tracking methods

• Verification of capacity to handle the work, how long to process approximately 500 ap and post inspections per year. Approximately 42 Pole Attachment (PA) applications a month

• Verification of capacity to handle the work, how long to process approximately 473 make ready tickets per year. Approximately 42 Pole Attachment (PA) applications a month

• Average number of pole applications currently processed each month

5.2 Process and Communication (20 points possible)

Demonstrate Proposer’s ability to clearly define the desired action to be taken and to perform the tasks and subtasks identified in the Scope of Work. The response should include the proposed schedule for delivery of major task milestones and indicate management approach to be utilized when addressing key issues of the project.

• Describe your typical process and timeline from start to finish for a simple attachment request

• Provide sample status reports and deliverables

• Pole loading reports

• Pre/post inspections, specific notes for EWEB

• Method information is communicated

• Sample of a final report submittal

• Explain how you handle incomplete or inaccurate permit applications, work requests, etc.

• Describe elements of the work that will be done remotely

• Explain your preferred process for downloading and uploading data

5.3 Key Staff Experience (25 points possible)

Demonstrate Proposer’s team qualifications and experience relating to the requested services. References listed, or other documented references may be used by EWEB during the evaluation of this criterion.

Response should address the following:

• Extent of principal involvement;

• Names of key members who will or likely will be performing the work on [these/this] project(s) and their responsibilities; tenure with company and number of years in this segment of business.

• Description of experience using teams on similar or related projects; specifically years active in joint use (including time prior to your company); pole loading review and specific software competencies;

other software used and

• Project Manager's experience with similar projects and interdisciplinary teams.

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• Percent of time each key person will be working on EWEB’s project.

• Provide the Table of Contents for your safety manual, record of OSHA reportable injuries for the last 3 years and time lost claims for the last 2 years.

5.4 References from Past Clients (10 points possible)

Provide a description of the three (3) most relevant projects completed within the last five (5) years that most closely resemble the project that is being described in this solicitation. These references must be from electric utilities with at least one from Oregon. Proposers shall provide the following for each project:

1) Name / city /state of the client.

2) Client Representative: Provide name, email, phone

2) Contract number or other information available to identify the contract.

3) Complete description of work performed.

EWEB will contact the client references listed in 5.3 above. Please ensure your client representatives are still available at the contact email and phone provided and that they are willing to speak to EWEB regarding your past project(s).

5.5 Value Added Services (5 possible points)

These items are not currently in the scope of work, but may be considered in the future.

• Perform cost estimates for Make Ready

• Assist EWEB in updating Joint Use contracts, standards and guidelines

• Create and track NESC violations within NJUNS

Please submit any additional services that may support or enhance the current scope.

5.6 Pricing Proposals (15 points possible) REVIEWED IN STEP 3 ONLY

IMPORTANT NOTE: DO NOT SEND PRICING AT THIS TIME OR INCLUDE LEADING INFORMATION

INDICATING PRICING IN YOUR WRITTEN PROPOSAL, SUCH AS ESTIMATED HOURS FOR TASKS OR HOURLY RATES. Once the shortlist is announced, your firm will formally be invited to submit pricing and will have 24 hours to email pricing to purchasing contact. Failure to submit on-time could lead to deduction of points or proposal rejection.

In order to prepare your pricing proposal for future submission, the following information is provided.

Prepare your pricing proposal as follows:

• Provide a billing rate schedule for employees and equipment by work category with mobilization costs embedded

• Provide hourly rate, estimated hours, and total cost in the chart below.

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Hourly Rate Estimated

Hours* TOTAL Cost

Permit Processing without Make Ready $ $

Permit Processing with minor Make Ready (no pole replacement

Pole Loading Review (QA/QC someone else's work)

Street-side Pole Inspections $ 8 $

Restricted Access Pole Inspections $ 8 $

Pole Loading Design and Analysis $ $

Percentage of the cost that is typical for administrative and managerial functions: %

Please include pricing for any additional services mentioned in Section 5.5 (not scored)

PREPARE YOUR PRICING PROPOSAL AS FOLLOWS:

1. Provide a billing rate schedule for employees and equipment by work category with mobilization costs embedded, and for potential additional points, the name of the individual who will perform them for this project.

2. Provide estimated hours for each Task in the chart above, and which labor classification will be utilized for each.

3. Financial Component of Price - Points for the financial cost will be determined according to the following formula:

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

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

Example: If A = 15 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 15 = 10 points

4. Efficiency Component of Price - Points awarded for financial cost will be increased or decreased for efficiency of hours utilized in combination with talent offered for each task.

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6. PROPOSAL FORM (Updated)

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Separate and clearly identify all sections and include a Table of Contents. Headers and titles should be used to identify required information.

A. PROPOSAL PACKAGE

RETURN THE FOLLOWING WITH YOUR RFP RESPONSE, PER SECTION 1.8(B).

(Failing to include these documents could lead to rejection of Proposal.)

Place a check in front of each 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.

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

ALL DOCUMENTS COMBINED INTO ONE PDF FILE

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO RFP DOCUMENTS:

Proposer acknowledges all 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

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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. 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 sub-contractors, 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 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.

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F. RECYCLED PRODUCTS CERTIFICATION

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. EWEB shall give preference to goods that are certified to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable non-recycled product; and

(d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by EWEB. [2003 c.794 §17]

ORS 279A.010(gg) states “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

ORS 279A.010(s) states: “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.

ORS 279A.010(hh) states: “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value.

“Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

ORS 279A.010(ff) states: “Recycled PETE” means post-consumer polyethylene terephthalate material.

I, the undersigned duly authorized representative of the Bidder/Proposer, hereby certify that the products, if any, offered in this bid/proposal contain the following minimum percentages:

(NOTE: If product(s) bid contain no recycled materials, then write "0" in space(s) provided)

a) ________% (recycled product as defined in ORS 279A.010(gg));

b) ________% (post consumer waste as defined in ORS 279A..010(s));

c) ________% (secondary waste materials as defined in ORS 279A.010(hh));

d) ________% (recycled PETE product as defined in ORS 279A.010(ff));

Product Name: ___________________________________________________

Bid (line) Item No.: ______

It is the Bidder’s responsibility to provide additional signed copies of the Certification of Compliance for each (bid line) item which contains a different percentage of recycled materials than listed above.

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Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages.

1. What policies or plans are in place to help decrease environmental or social impacts from your supply chain or manufacturer (if company is a distributor) such as decreasing use of toxic or hazardous products, efficient use of natural resources, reducing greenhouse gas emissions, waste reduction, and worker health and safety? Please provide links to documents. How does your company monitor and manage your supply chain with regard to environmental and social issues?

2. What type of sustainable packaging/shipping materials do you use, such as reusable, recycled content, or compostable materials? Does your company have a Zero Waste Plan; if so describe the progress your company has made to implement the plan. If you don’t use sustainable packaging please detail why not.

3. Does your company have transportation strategies to reduce fossil fuel, maintain local warehouses to shorten shipping distances and lead times, or combine shipments to receive economies of scale? If so, please include link or details of plan.

4. Has your company been cited in the last 5 years for non-compliance of any permits, rules or regulations pertaining to environmental, health and/or safety? If yes, please state the reason, and outcome of the citation including a description of the steps taken by your company to rectify the problem.

5. What programs do you have in place, or are planned for to increase resource efficiency such as reducing use of electric, water, labor or material resources?

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR. If yes, detail which ones and the relevant third party certification?

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PROPOSER SIGNATURE / EXECUTION OF RFP SUBMISSION

G. 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-contractor in the awarding of a sub-contract because the sub-contractor 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 Contractor, the Contract shall be a valid and binding obligation of Contractor, enforceable in accordance with its terms.

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

Will arrive at price and amounts independently and without communication or agreement with another Proposer;

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;

Will not directly or indirectly disclose 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;

Will not seek 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 collusive or sham proposal;

Contractor, by signing this Proposal Form, represents and warrants that, if awarded, Contractor’s performance under this contract will create no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule will prevent Contractor's lawful performance of an awarded contract. If Contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of this Contract, if awarded.

RFP 25-068-S Joint Use Inspection, Make Ready Requirements, and Pole Loading Analysis 14

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Company Web Address

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________________

RFP CONTACT (if different than above)

RFP Representative_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

Phone: ____________________________________________________________________________________

25-086-S Joint-Use Inspection, Make Ready Requirements, and Pole Loading Analysis

Eugene Water & Electric Board

Personal Services Contract # 25-086-Q Engineering and Related Services

Joint Use Inspections, Make-Ready Requirements, and Pole Loading Analysis

STANDARD TERMS AND CONDITIONS

FOR A PERSONAL SERVICES CONTRACT TO PROVIDE ENGINEERING AND RELATED

SERVICES TO THE EUGENE WATER & ELECTRIC BOARD

This Contract for Engineering and Related Services (Contract), is between Eugene Water & Electric Board (EWEB) and NAME OF CONSULTING FIRM (Consultant). Consultant agrees to provide engineering and related services to

EWEB.

RECITALS

WHEREAS, EWEB has need for the services of an independent contractor with the particular training, knowledge, and experience offered by the Consultant; and

WHEREAS, EWEB has negotiated the following Contract in Eugene, Oregon, and Consultant has agreed to deliver its services in Eugene, Oregon;

NOW THEREFORE, in consideration of a sum agreed to by the Parties, the Consultant agrees to perform the services as described in this Contract, in accordance with all requirements, terms and conditions of this Contract, as set forth below:

DEFINITIONS

“Architect” means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms “architect,” “licensed architect,” and “registered architect.” (See ORS 279C.100(1)).

“Consultant,” means the person or consulting company with whom EWEB enters into a Contract.

“Contract” or “Contracts” means the written agreement(s), resulting from the Solicitation Document that sets forth the rights and obligations of the parties.

“Contract Administrator” or “Project Manager” means the person designated by EWEB to administrate the Contract on EWEB’s behalf.

“Deliverable” means the outcomes resulting from the Work in accordance with the terms and conditions of this Contract.

“Engineer” means a person who is registered and holds a valid certificate in the practice of engineering in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(2). (See ORS 279C.100(3))

“Goods and services” or “Goods or services” means supplies, equipment, materials and services other than personal services designated under ORS 279A.055 and any personal property, including any tangible, intangible and intellectual property and rights and licenses in relation thereto, that EWEB or another contracting agency is authorized by law to procure. “Goods and services” or “Goods or services” includes combinations of any of the items identified in this Rule.

(See ORS 279B.005(1)(b))

“Land Surveyor” means a person who is registered and holds a valid certificate in the practice of land surveying in the State of Oregon, as provided under ORS 672.002 to 672.325, and includes all terms listed in ORS 672.002(2). (See ORS 279C.100(4))

“Personal services” means the services of a person or persons that are designated by the Board as personal services, and includes Architectural, Engineering, Photogrammetric Mapping, and Land Surveying services for purposes of EWEB Rules, Division 4. (See ORS 279C.100(5))

“Photogrammetric Mapping” has the meaning given that term in ORS 672.002.

“Photogrammetrist” has the meaning given that term in ORS 672.002.

“Related Services” means personal services other than architectural, engineering, photogrammetric mapping, transportation planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvement projects (See ORS 279C.100(8))

“Rule” means a Rule within the EWEB Public Contracting Rules.

“Services” and "Work" means the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and successful completion of all duties and obligations imposed by the Contract.

“Transportation Planning Services” include only Project-specific transportation planning involved in the preparation of categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with the National Environmental Policy Act, 42 USC 4321, et. seq. Refer to ORS 279C.100 for additional details of the definition.

“Working hours” means EWEB’s regular business hours, which currently are Monday through Friday, 9 a.m. to 5 p.m., excluding EWEB recognized holidays.

All other terms not expressly identified above shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

ARTICLES

HEADINGS: The section headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract.

1. EFFECTIVE DATE AND DURATION

a. This Contract shall become effective on the date this Contract has been signed by every party hereto and, when executed by EWEB's Purchasing Supervisor (“Effective Date”.) Unless terminated or extended, this Contract shall expire when EWEB accepts Consultant’s performance, or on the completion date shown on the Signature Form for this Contract, whichever date occurs first. Expiration shall not extinguish or prejudice EWEB’s right to enforce this Contract with respect to any breach of a Consultant warranty or any default or defect in Consultant performance that has not been cured.

b. This Contract may be extended in accordance with EWEB Rule 3-0850, Contract Amendments, subject to agreement by the Parties prior to the expiration of the current term. The maximum term for this Contract shall not exceed five (5) years.

2. STATEMENT OF SERVICES, CONSIDERATION & PAYMENTS

A description of the Services needed for this project are included in the “Statement of Services”, attached and incorporated by reference as Exhibit A - Statement of Services. The Services include (but are not limited to) the expected Deliverables, detailed scope of work (additionally described in Consultant’s quote, attached and incorporated herein), required completion date, Key Persons, delivery schedule, itemization of estimated hours, project fees, and schedule of materials, if applicable.

The maximum, not-to-exceed compensation payable to Consultant under this Contract (as established on the Signature Form) shall include any allowable expenses.

Invoices shall be submitted to EWEB’s Contract Administrator identified on the Signature form.

Consultant shall not submit invoices for, and EWEB shall not pay any amount in excess of the maximum not-to-exceed compensation stated in this Contract. If this maximum amount is increased by amendment of the Contract, the amendment must be fully effective before Consultant performs Work subject to the amendment.

No payment will be made for any Work performed or Deliverables, Developments or Work Products delivered before the beginning date or after the expiration date of the Contract.

EWEB shall pay Consultant not more than once per month upon Consultant's submission of a sufficiently detailed invoice for Work performed and Deliverables, Developments or Work Products delivered to EWEB during that month. Such invoices shall describe all Work performed or Deliverables, Developments or Work Products delivered with particularity and by whom it was performed, including name and job title and reference to the specific Work activity. All invoices shall itemize and explain all expenses for which reimbursement is claimed. The invoices shall include the total amount invoiced to date by Consultant prior to the current invoice.

EWEB will have the right to review each such invoice for compliance with the requirements and any other pertinent provisions of this Contract. If Consultant uses a billing agent, responsibility for billing errors remains with Consultant.

EWEB will make payment in accordance with its regular payment schedule; Net 30 days from receipt of a valid, undisputed invoice.

3. KEY PERSONS

Consultant acknowledges and agrees that a significant reason EWEB is entering into this Contract is because of the special qualifications of certain Key Persons set forth in the Contract. Under this Contract, EWEB is engaging the expertise, experience, judgment, and personal attention of such Key Persons. Neither Consultant nor any of the Key Persons shall delegate performance of the management powers and responsibilities each such Key Person is required to provide under this Contract to any other employee or agent of the Consultant unless EWEB provides prior written consent to such delegation. Consultant shall not reassign or transfer a Key Person to other duties or positions such that the Key Person is no longer available to provide EWEB with such Key Person's services unless EWEB provides prior written consent to such reassignment or transfer.

In the event Consultant requests EWEB to consent to a delegation, reassignment, transfer or other replacement of a Key Person, EWEB may interview and review the qualifications of the proposed substitute personnel before providing its consent or rejecting such replacement. Any such replacement shall have substantially equivalent or better qualifications than the Key Person being replaced. Consultant shall not charge EWEB and EWEB shall not pay for any proposed replacement personnel while such replacement acquires the necessary skills and project knowledge to proceed with the services required hereunder. Any replacement personnel approved by EWEB shall thereafter be deemed a Key Person for purposes of this Contract and the Contract shall be deemed amended to include such Key Person.

Consultant shall provide adequate staff to complete the Work and the Deliverables, Developments and Work Products in accordance with the delivery schedules set forth in the Statement of Services, as it is amended from time to time. In the event that a Key Person or other employee of Consultant shall be subsequently found to be unacceptable to EWEB, EWEB shall notify Consultant of such fact and Consultant shall immediately remove such employee from all responsibilities hereunder. Consultant shall provide a replacement acceptable to EWEB within three (3) business days of receipt of EWEB’s notice provided under this Section. The provisions of this Section shall be applicable to the replacement of a Key Person. At EWEB’s sole discretion, EWEB may elect to terminate this Contract pursuant to the terms found in this Contract, if Consultant is unable to provide a replacement acceptable to EWEB.

The Key Persons for this Contract, if any, are identified in the Statement of Services.

4. CONTRACT DOCUMENTS

This Contract consists of the following documents, hereby incorporated by reference, which are listed in descending order of precedence: Any Amendments signed by both parties, this Contract less all attachments and exhibits, Exhibit A - Statement of Services, and all attachments and exhibits related to this Contract.

This Contract, the attached amendments signed by both parties, and all attachments and exhibits, constitute the entire agreement between the parties. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing and signed by both parties. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given.

5. STANDARD AND SPECIAL TERMS AND CONDITIONS; ORDER OF PRECEDENCE

This Contract contains the general terms and…