Bid Notice-Underground Utility Locating Services.pdf

RFP #09302026 – Underground Utility Locating Services

UNDERGROUND UTILITY LOCATING SERVICES

Informal Request for Proposal (RFP)

RFP #09302026

Date of Issue: September 2, 2026

Closing Date and Time: September 30, 2026 @ 2:00 PM LOCAL TIME

Single Point of Contact (SPC): Chad Hudson, Purchasing Manager

Address: 340 NE Kirby Street

City, State, Zip McMinnville, OR 97128

E-mail: cch@mc-power.com

REQUEST FOR PROPOSAL

UNDERGROUND UTILITY LOCATING SERVICES

SOLICITATION NO. 100621

THE CITY OF McMINNVILLE, A MUNICIPAL CORPORATION

OF THE STATE OF OREGON, ACTING BY AND THROUGH ITS

WATER AND LIGHT COMMISSION (“MW&L”)

Proposals due 2:00 p.m. local time on September 30, 2026.

Request for Proposal

(“RFP”)

Sealed formal proposals will be received by the Purchasing Manager at McMinnville Water & Light (MW&L) located at 340 NE Kirby Street, McMinnville, OR 97128 for underground utility locating services until closing on September 30, 2026 at 2:00 p.m. local time (“Closing”).

MW&L is requesting proposals from qualified contractors to provide underground utility locating services for water, electric and fiber infrastructure. This RFP is not for a specific project or location but to provide ongoing daily requests received from the Oregon One Call system as described in the Scope of Services. The term of the proposed contract shall be a period of three (3) years with two 1-year options with contract commencement on December 1, 2026 and expiring on November 30, 2029 (if extensions are executed contract expiration is November 30, 2031).

Proposals shall be sent to the following address in an envelope marked with the following:

RFP: Underground Utility Locating Services

Physical Address (Parcel Delivery) OR Mailing Address (USPS)

McMinnville Water & Light McMinnville Water & Light

340 NE Kirby Street P.O. Box 638

McMinnville, OR 97128 McMinnville, OR 97128

Each proposal must contain a statement as to whether the Proposer is a resident “bidder” as defined in ORS 279A.120 (b.). Per ORS 279B.060, if MW&L awards a contract it shall award to the responsible proposer whose proposal MW&L determines in writing is the most advantageous to MW&L based on the evaluation process and evaluation factors described in the RFP, applicable preferences described in ORS 279A.120 and 279A.125 and, when applicable, the outcome of any negotiations authorized by the request for proposals RFP documents and any addenda to this solicitation will be posted on MW&L’s website at the following location: https://www.mc-power.com/about-us/bids-rfps/

The procurement described in this solicitation may be cancelled, rejected in whole or part or delayed in accordance with ORS 279B.100 when it is in the best interest of MW&L. MW&L reserves the right to reject any and all proposals, to waive any irregularities not including price and time, and to accept the proposal deemed in the best interest of MW&L. MW&L also reserves the right to clarify Proposals with the apparent responsive Proposers in accordance with OAR 137-047-

0600 (2). MW&L may reject any proposal not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all proposal upon a finding of the agency it is in the public interest to do so.

Sole Point of Contact (will receive the bids):

Chad Hudson, Purchasing Manager

E: cch@mc-power.com

Table of Contents

SECTION 1: GENERAL INFORMATION

SECTION 2: OVERVIEW AND SCOPE

SECTION 3: PROCUREMENT REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

SECTION 5: AWARD AND NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

LIST OF ATTACHMENTS & EXHIBITS

ATTACHMENT A SAMPLE CONTRACT

EXHIBIT B PRICE PROPOSAL

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D RESPONSIBILITY INQUIRY

ATTACHMENT E INDEPENDENT CONTRACTOR CERTIFICATION

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The City of McMinnville, a municipal corporation of the State of Oregon, acting by and through its

Water and Light Commission (MW&L), is issuing this Request for Proposal using a competitive sealed proposal process for Underground Utility Locating Services. MW&L is seeking proposals from qualified contractors to perform underground utility locating services for water, electric and fiber infrastructure. This RFP is not for a specific project or location but to provide ongoing daily requests received from the Oregon One Call systems described in the Scope of Services.

MW&L anticipates the award of one Contract from this RFP. The term of the proposed Contract is for a period of three (3) years with the option of two 1-year extensions.

SOLICITATION SCHEDULE

The table below represents a tentative schedule of events, all times are listed in Local Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due September 21, 2026 5:00 PM local

Answers to Questions / Requests for Clarification Issued (approx.)

September 22, 2026

Closing (Proposal Due) September 30, 2026 @ 2:00 PM local

Evaluation Process Ends October 12, 2026

MW&L Staff Recommendation of Award to MW&L Commission

October 20, 2026

Notice of Intent to Award Issued October 21, 2026

Protest Period Ends October 29, 2026

Utility locating services of awarded proposer begins

December 1, 2026

1.2 SINGLE POINT OF CONTACT (SPC)

The Single Point of Contact (“SPC”) for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision. All questions regarding the RFP shall be emailed to SPC and will be answered in the form of an addendum to all proposers.

SECTION 2: OVERVIEW AND SCOPE

2.1 PROCUREMENT METHOD

MW&L is using a Competitive Request for Proposals method, pursuant to ORS 279B.060.

2.2 OVERVIEW AND PURPOSE

2.2.1 MW&L Overview and Background

The City of McMinnville, acting by and through its Water and Light Commission (MW&L) is a municipal utility provider that has served the needs of the City of McMinnville, Oregon since 1889.

McMinnville has a population of nearly 35,000 and is located 35 miles southwest of Portland.

MW&L has two distinct divisions, Electric and Water. MW&L also maintains a Fiber Optic system.

MW&L’s water and electric systems serves the City of McMinnville and the surrounding area. The service territory encompasses an area of approximately 75 square miles and serves approximately

17,820 electric and 12,240 water meters. MW&L is governed by the city charter and has a five-member commission. Commissioners are appointed by the mayor and approved by the city council.

The mayor serves as a voting ex-officio member of the Water and Light Commission.

2.2.2 Project Overview, Background and Purpose

The City of McMinnville, acting by and through the McMinnville Water and Light

Commission, is seeking proposals from qualified contractors to provide underground utility locating services for water, electric and fiber infrastructure (MW&L’s One-Call

“District” is MWL01 for all three utilities). This RFP is not for a specific project or location but to provide ongoing daily requests received from the Oregon One Call system, as required by OAR 952-001-0010 through OAR 952-001-0090.

The table below are annual averages over the last four full calendar years.

Marked Utilities

Sight Visit/No

Locate Required Total

Power 1660 785 2,445

Water 1587 836 2423

Fiber 7 53 60

Totals 3,254 1,674 4,928

Locate Hours 55

Emergency Locates 27

After-Hours

Emergency Locates 40

Locate Hours: Each locate taking longer than 30 minutes to complete (first 30 minutes included in cost of locate). If the locate takes longer than the allotted 30 minutes it is billed at an hourly rate in

15 minute increments.

Emergency Locates: Hourly rate for daytime Emergency Locates (Monday – Friday). The specific requirements meeting the definition of an Emergency, as found under OAR 952-001-0010(5).

After-Hours Emergency Locates: After-hours is 5:00 p.m. to 7:00 a.m., all weekdays, weekends and holidays. The specific requirements meeting the definition of an Emergency, as found under OAR 952-

001-0010(5).

2.3 SCOPE OF WORK/SPECIFICATIONS

General Requirements

1. Perform locating and marking services to MW&L satisfaction for underground facilities including water, power and fiber optic within MW&L’s service territory.

2. Receive and record locate requests for the One-Call locator during business days and during the office hours of the One-Call locator service (7:00 a.m. – 5:00 p.m. business days).

3. Maintain records appropriate to support the invoicing and recording of locates per legal retention requirements.

4. For each Locate Request received:

a. Determine the type of request, and using MW&L maps and records, determine if visual inspection is required.

b. When MW&L supplied maps, records or instructions indicate visual is required, visit the excavation site and locate MW&L’s utilities as required.

c. If marking is not required, provide excavation notification.

5. For each locate request received, Contractor will complete work in timeframe required in the ticket.

6. Contractor will locate all MW&L locatable utilities within reasonable accuracy. Contractor is responsible for all damages when MW&L’s utilities are incorrectly located outside the tolerance of the state law.

7. Contractor shall notify MW&L of any errors, discrepancies or omissions in the records or other information provided to it by MW&L within 24 hours of discovery.

8. MW&L agrees to provide contractor with the maps and information necessary to locate its underground utilities. The information to be provided in an agreed upon electronic format.

9. Any such maps, drawings, sketches, or other technical information, either oral, written or otherwise furnished or disclosed to, or obtained by, the Contractor in the performance of this

Agreement shall remain property of MW&L. All copies of such information shall be returned to MW&L upon written request or at the termination of the Contract. All materials shall be kept confidential by the Contractor, and shall be used only in the performance of the

Contract and may not be used for other purposes except upon such terms as agreed upon, in writing, by MW&L.

10. If Contractor’s personnel locates or marks incorrectly, Contractor will re-perform the work within a reasonable time at no expense to MW&L.

11. If Contractor’s negligent activities for locating and marking causes any damage whatsoever, Contractor within a reasonable time will re-perform the work and pay for or correct damages to the satisfaction of MW&L. If MW&L self-performs to correct damage, Contractor will reimburse MW&L for cost of labor, equipment, and materials at rates and costs as determined by MW&L. For the purpose of determining liability for damage the MW&L’s underground facilities, Contractor must be notified as soon as possible after damage has occurred. Failure, in a timely manner, to notify Contractor of damage may result in

Contractor’s denial of responsibility.

12. Awarded Contractor shall provide to MW&L a warranty that locating and marking services will be performed by qualified personnel on a reasonable best efforts basis and to the satisfaction of MW&L.

13. Awarded Contractor shall meet the insurance requirements outlined in the Services

Agreement included in this packet. Certificates of insurance shall be submitted along with the signed contract.

14. Contractor to complete work in accordance with the Oregon Utility Notification Center

Standards Manual and all applicable local, state and federal laws.

15. The intent of the contract for the underground utility locating services is to fulfill MW&L’s responsibilities under ORS 757.542 to ORS 757.562.

16. Contractor shall have an online portal that can be accessed 24/7 for MW&L review and audit. Photos shall be taken at each locate site and posted on the online portal.

17. Awarded Contractor will be responsible to complete and submit One-Call “Member Utility

Information Form”.

Minimum Qualifications

PROPOSERs shall meet all of the following minimum qualifications/requirements to be eligible to respond to this Request for Proposals and enter into a contract:

1. Contractor has a minimum of three (3) years’ experience in private/public utility locating services.

2. Contractor owns, and in good working order, equipment for locating underground utilities.

Term of Agreement

MW&L anticipates the award of one Contract from this RFP. The term of the proposed Contract is for a period of three years commencing on December 1, 2026 and expiring on November 30, 2029 with option of two 1-year extensions mutually agreed upon by both parties.

Invoicing, Payment Terms & Pricing

Invoices shall be submitted once a month by the awarded Contractor for services rendered for the prior month’s services pursuant to the monthly rate described in the proposer’s Price Proposal.

Invoices shall include an itemized locate (marked, site visit only) and cost per utility infrastructure located (power, water and fiber optic). Payment terms shall be Net 30 upon receipt of invoice by

MW&L. Proposers can propose alternative invoicing intervals and payment terms for MW&L consideration. Quoted unit prices shall be firm for term of the contract, pricing for extension years will be negotiated between MW&L and awarded proposer.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. Contractor shall have a minimum of three (3) years’ experience in private/public utility locating services. Contractor shall also own equipment for locating underground utilities that is in good working order.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Title page (Provided by Proposer)

• Transmittal letter (Provided by Proposer)

• Firm and Team Qualifications including references (Provided by Proposer)

• Project Understanding and Approach (Provided by Proposer)

• Sample Contract (Attachment A) with proposed amendments (Provided by MW&L)

• Price Proposal (Attachment B, Provided by MW&L)

• Proposer Information and Certification Sheet (Attachment C – Provided by MW&L)

• Responsibility Inquiry (Attachment D– Provided by MW&L)

• Independent Contractor Certification (Attachment E- Provided by MW&L)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

The Proposer Information and Certification Sheet (Attachment B) must bear the Proposer’s authorized representative’s signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identifying and explaining why the portions of the Proposal are claimed to be exempt in the redacted version. Notwithstanding Proposer’s claim of exemption, MW&L will apply public records law to the Proposal in MW&L’s sole discretion.

3.2.3 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by MW&L.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Services to be performed. Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

Proposers shall provide the following information in the format below. Each section of the proposal shall be titled/organized in the following format:

3.3.1 Title Page

A title page shall be included with the proposal and include the following:

• RFP title

• Name(s) of person(s) authorized to represent the Proposer in any negotiations

• Title, address, phone number, email address of contact person.

• Date of Submission

3.3.2 Transmittal Letter

The transmittal letter should be no longer than two pages long and should include the following:

• Statement that Proposer meets minimum qualifications (see Section 3.1)

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

• A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in this RFP; and the names of the persons authorized to represent the Proposer, their title, address and phone number (if different form the individual who signs the transmittal letter).

3.3.3 Table of Contents

The Table of Contents should include clear and complete identification by section and page number of the materials submitted.

3.3.4 Firm and Team Qualifications (25 points)

• Background of the firm. This should include a brief history of the firm and types of services the firm is qualified to perform.

• Qualifications of the firm in performing this type of work. This should include examples of related experience and references for similar projects.

• Proposers shall identify the anticipated members of their firm that will be assigned to meet

MW&L’s needs. Proposers should identify individuals and subcontractors who will provide the services, their experience, and their individual qualifications. Pertinent resumes of assigned personnel should be included.

• References. Proposers must submit at least three references of projects where the firm is providing similar work to that which MW&L is requesting.

3.3.5 Project Understanding and Approach (15 points)

Proposers should provide MW&L with information regarding their understanding of MW&L’s needs with regards to the scope and schedule. Proposers should demonstrate a general understanding of the needs of a municipality in the State of

Oregon from an underground utility locating firm. As a part of their service documentation, Proposer’s should address their availability to meet the needs of

MW&L.

3.3.6 Price Proposal (40 points)

The proposed fee structure should include the complete breakout for the Contractor’s cost to provide all of the services described in the Scope of Services.

Proposal prices shall be provided for the proposed contract for the following:

• Unit rate for utility locates/tickets (for water, power, fiber optic)

• Unit rate when no locate is required (for water, power, fiber optic)

• Hourly rate for locate hours (first 30 minutes included in cost of locate. If locate takes longer than 30 minutes will be billed at an hourly rate in 15 minute increments.

• Emergency locates (daytime) unit rate for utility locate.

• Emergency locate (daytime) unit rate

• After hours/emergency locate unit rate for

Any miscellaneous charges not included above that would be invoiced must be identified in the price proposal. Please refer to Section 2.2.2 for definitions and annual locate/ticket averages over the last four full calendar years

The quantities in Exhibit C, Price Proposal, are derived from the highest annual locate numbers over the last four years and will be the basis for scoring the price proposal.

Quantities for the proposed contract period may be more or less depending on activity. If any additional charges are included outside of the locate/ticket cost they must be identified and included in the total cost.

The Proposer with the lowest three-year proposal price will receive maximum points for this section (40). All other proposals three-year proposal price will be divided by the low

Proposer’s proposal price cost and will be computed as a percentage of the maximum points

(40). For example, if the low proposal price is $100,000.00 and another is $120,000, the next

Proposer would receive 83% of the 40 maximum points for a total of 33 points.

3.3.7 Adherence to Contract Terms (20 Points)

Proposer shall review the attached Sample Contract and note proposed exceptions in their Proposal submission.

It may be possible to negotiate some provisions of the final Contract; however, MW&L is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the MW&L believes modifications to the standard provisions constitute increased risk and increased cost to MW&L. Therefore, MW&L will consider the scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior acceptance by MW&L general counsel, and approval by the Water and Light Commission.

Items that MW&L will not negotiate are listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law (i.e. public contracting code).

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, MW&L may unilaterally terminate negotiations and commence negotiations with the next highest ranking Proposer, or unilaterally elect to continue negotiation for an additional 14-calendar days (and then if no agreement is reached MW&L may choose to terminate and commence with the next highest ranking Proposer).

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

This RFP is published in the Daily Journal of Commerce (DJC) the News-Register and MW&L’s website. RFP documents will also be emailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written addenda. Prospective Proposer is solely responsible for checking with MW&L to determine whether or not any addenda have been issued.

Addenda are incorporated into the RFP by this reference. Addenda will be emailed to all firms who received the RFP.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the Single Point of Contact (SPC) via email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for questions/requests for clarification identified in the schedule (section 1.1).

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, specifications, scope of work, and the sample contract, pursuant to the model rule, OAR 137-047-0730. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest addenda as provided below.

4.4.2 Protests to Addenda

Prospective Proposer may submit a written protest of anything contained in the respective addendum. Protests to addenda, if issued, must be submitted within 48 hours of MW&L issuing the addenda or they will not be considered. Protests of matters not added or modified by the respective addendum will not be considered.

4.4.3 All Protests must:

• Be delivered to the SPC via email or hard copy;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

• The grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specified a brand name; and

• Evidence or documentation that supports the grounds on which the protest is based.

• State the proposed changes to the RFP provisions or other relief sought;

• Protests to the RFP must be received by the due date and time identified in the schedule;

and

• Protests to addenda must be received within 48 hours of MW&L issuance.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring it Proposal is received by the SPC in accordance with the RFP requirements before Closing. MW&L is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A

Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through Mail or Parcel Carrier

A proposal may be submitted through the mail to the following address:

McMinnville Water and Light P.O. Box 638 McMinnville, OR 97128

A proposal may be submitted through Parcel Carrier to the following address:

McMinnville Water and Light 340 NE Kirby Street McMinnville, OR 97128

Proposal must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the RFP number and must be sent to the attention of the SPC.

Delivery in Person

A proposal may be hand delivered and must be clearly labeled and submitted in a sealed envelope, package or box. A proposal will be accepted, prior to Closing, during MW&L’s normal Monday – Thursday hours of 7:00 a.m. to 5:30 p.m. Local Time, except during MW&L holidays and other times MW&L is closed. The outside of the submission must clearly identify the Proposer’s name and the RFP number. It must be delivered to the attention of the SPC to the same address used for parcel carrier deliveries.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section.

To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a written notice signed by an authorized representative of its intent to withdraw to the SPC via email or hard copy prior to Closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Closing. All Proposal modifications and withdrawals must be received prior to Closing.

A Proposal received after Closing will be considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer.

4.8 PROPOSAL OPENING

A public opening will be held at the date and time of closing at the location stated on the Cover Page. Only the name of the Proposer will be read at the opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0630.

4.9 PROPOSAL REJECTION

MW&L may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on MW&L’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or addenda.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, MW&L may waive mistakes in accordance with

OAR 137-047-0470.

4.10.1.2 Responsibility determination

MW&L will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment C) with Proposal.

At any time prior to award, MW&L may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of the Evaluation Committee. Evaluation Committee members may change, and MW&L may have additional or fewer evaluators for optional rounds of competition

Evaluators will assign a score for each evaluation criterion (maximum score of 10) listed below up to the maximum points available in the Point and Score Calculation section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information contained in original proposal.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible for each section as listed on the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE Points Possible

Completed proposal submitted on time Pass/Fail

An original plus three copies of proposal and USB Pass/Fail

Transmittal letter Pass/Fail

3.3.4 Firm and Team Qualifications 25

3.3.5 Project Understanding and Approach 15

3.3.6 Price Proposal 40

3.3.7 Adherence to Contract Terms 20

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 40 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 40 multiplied by 95% is 38. Proposer A’s points for the criterion are 38.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

MW&L will rank all Proposers at the conclusion of the evaluation and scoring and may, in MW&L’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, MW&L will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

The SPC will combine the average score for each Proposal with Proposer’s price score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, MW&L may choose to conduct additional round(s) of competition if in the best interest of MW&L. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

If MW&L awards a Contract it shall award a Contract to the highest ranking, Responsible Proposer(s) determined the most advantageous to MW&L based upon the scoring methodology and process described in Section 4.

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.1.2 Intent to Award Notice

MW&L will notify all Proposers in Writing that MW&L intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have seven calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposers are non-Responsive

• MW&L has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• MW&L abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• MW&L’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If MW&L only receives only one Proposal, MW&L may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protests must:

• Be delivered to the SPC via email or hard copy

• Reference the RFP number

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

MW&L will address all timely submitted protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information may not be considered by MW&L.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to MW&L proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of

Attachment A.

5.3.2 Taxpayer Identification Number

Prior to award, Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by MW&L or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Responsibility Inquiry

Proposer shall be required to complete and submit Attachment C — Responsibility Inquiry.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by their Signature on Attachment B - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles MW&L to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, MW&L may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note proposed exceptions in their Proposal submission.

It may be possible to negotiate some provisions of the final Contract; however, MW&L is not required to make any changes, and many provisions cannot be changed. Proposer is cautioned that MW&L believes modifications to the standard provisions constitute increased risk and increased cost to MW&L. Therefore, MW&L will consider the Scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior acceptance by MW&L General Counsel, and approval by the Water and Light Commission.

Items that MW&L will not negotiate are listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law (i.e. Public Contracting code).

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, MW&L may unilaterally terminate Negotiations and commence Negotiations with the next highest-ranking Proposer or unilaterally elect to continue negotiation for an additional 14-calendar days (and then if no agreement is reached MW&L may choose to terminate and commence with the next highest ranking Proposer).

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Yamhill County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by MW&L of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after MW&L issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of MW&L. By submitting a Proposal in response to this RFP, Proposer grants MW&L a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.3 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, MW&L may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of MW&L, as determined by MW&L. MW&L is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

6.5 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025).

End of Section 6

Exhibit C – Price Proposal

PRICE PROPOSAL FORM

Underground Utility Locating Services

THIS BID IS SUBMITTED TO:

The City of McMinnville, acting by and through its WATER & LIGHT COMMISSION:

1. The undersigned PROPOSER proposes and agrees if this Proposal is accepted, to enter into an agreement with MW&L in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Three-Year Proposal Price and within the Contract terms indicated in this RFP and in accordance with the other terms and conditions of the Contract Documents.

2. This Proposal will remain subject to acceptance for 90 days after the day of Proposal closing. PROPOSER will sign and deliver the required number of counterparts of the Agreement and other documents required by the Proposal Requirements within ten days after the date of MW&L’S Notice of Award.

3. In submitting this Proposal, PROPOSER represents, as more fully set forth in the

Contract, That:

(a) PROPOSER has examined and carefully studied the RFP Documents and other available data, receipt of all which is hereby acknowledged;

(b) PROPOSER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work;

(c) PROPOSER does not consider that any additional examinations, investigations, or data are necessary for the performance and furnishing of the Work at the Proposal Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

(d) PROPOSER is familiar with and is satisfied as to all federal, state, and local laws, regulations, safety precautions and programs that in any manner may affect cost, progress, performance, or furnishing of the Work.

(e) PROPOSER makes the following representations to MW&L that it is fully experienced and properly qualified to perform the Work herein required and that it is properly equipped, organized, staffed, financed, licensed, and bonded to handle such Work. In addition, PROPOSER represents it complies with local, state, and federal laws applicable to all operations required herein.

(f) MW&L reserves no supervision or controls over PROPOSER’S employees.

PROPOSER shall perform under this agreement as an independent Contractor and shall comply with all federal, state, and local laws, rules, and regulations necessary to remain an independent Contractor and nothing in this Proposal shall be construed as inconsistent with that status.

(g) It is agreed that PROPOSER is performing the Work hereunder as an independent Contractor and that no principal-agent or employer-employee relationship is created hereby and PROPOSER shall have complete charge of the persons engaged in the performance of the Work.

(h) PROPOSER has given MW&L written notice of conflicts, errors, ambiguities, or discrepancies that the PROPOSER has discovered in the Contract Documents and the written resolution thereof by the MW&L is acceptable to PROPOSER, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work.

(i) This Proposal is genuine and not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to submit a false or sham Bid; PROPOSER has not solicited or induced any person, firm or corporation to refrain from bidding; and PROPOSER has not sought by collusion to obtain for itself any advantage over any other PROPOSER or over the MW&L.

ACKNOWLEDGEMENT OF ADDENDA

By signature on the Proposal Submittal form, PROPOSER acknowledges, agrees and certifies that if any addenda are issued in connection with this ITB, PROPOSER has received and duly considered such addenda, and has circled below all addenda issued.

The PROPOSER agrees to the terms of all addenda as they revise the terms, conditions and/or specifications of this RFP.

Addenda acknowledged: None, 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 (circle all received)

RESIDENCY INFORMATION

A “Resident PROPOSER” means a PROPOSER that has paid unemployment taxes or income taxes in the state of Oregon during the twelve calendar months immediately preceding submission of the Bid and has a business address in this state.

“Non-resident PROPOSER” means a PROPOSER who is not a resident PROPOSER.

ORS 279A.120 (2) states “For the purposes of awarding a public contract, a contracting agency shall: (a) Give preference to goods and 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 PROPOSER equal to the percent, if any, of the preference given to the PROPOSER in the state in which the PROPOSER resides.

Check one: PROPOSER is a ( ) Resident PROPOSER ( ) Non-resident PROPOSER

If Non-resident PROPOSER, enter state of residency: __________________________

NON-RESIDENT PROPOSER (OAR 137-049-0490)

If the Contract Price exceeds $10,000 and the successful non-resident PROPOSER is a Foreign Contractor, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue (Form OR-NRB), the Contract Price, terms of payment, Contract duration and such other information as the Department of Revenue may require before final payment can be made on the Contract. A copy of the report shall be forwarded to the Contracting Agency. The Contracting Agency Awarding the Contract shall satisfy itself that the above requirements have been complied with before it issues final payment on the Contract

CERTIFICATION OF NON-DISCRIMINATION

By signing the Bid the PROPOSER agrees that it has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business, or an emerging small business, in violation of ORS 279A.110(1).

Price Proposal

Year 1 - Price Proposal

Quantity Units Locate Type Unit Cost Total Cost

1850 Tickets Power – Locate

950 Tickets Power – No Locate (site visit)

1800 Tickets Water - Locate

1200 Tickets Water – No Locate (site visit)

15 Tickets Fiber - Locate

2600 Tickets Fiber – No Locate

75 Hours Locate Hours

25 Tickets Emergency Locate

10 Tickets After Hours Emergency Locate

Year 1 Total A.

If applicable, please include any additional costs not included in the Price Proposal:

Year 2 - Price Proposal

1850 Tickets Power – Locate

950 Tickets Power – No Locate (site visit)

1800 Tickets Water - Locate

1200 Tickets Water – No Locate

15 Tickets Fiber - Locate

2600 Tickets Fiber – No Locate

75 Hours Locate Hours

25 Tickets Emergency Locate

Year 2 Total B.

Year 3 - Price Proposal

1500 Tickets Power – Locate

925 Tickets Power – No Locate

1480 Tickets Water - Locate

940 Tickets Water – No Locate

21 Tickets Fiber - Locate

2000 Tickets Fiber – No Locate

240 Hours Locate Hours

27 Tickets Emergency Locate

Year 3 Total C.

TOTAL 3-YEAR CONTRACT PRICE (A + B + C) = $_______________

(PROPOSAL PRICE WILL BE SCORED BASED ON THE COMBINED THREE-YEAR PROPOSAL CONTRACT

PRICE)

The undersigned agrees not to withdraw this Proposal for a period 90 calendar days after the Proposal closing date.

Name of Locating Firm: __________________________________________

Printed Name of…