ITB 22-182-S On-Call Tree Maintenance Services.pdf

ITB #22-182-S On-call Tree Maintenance Services

Rev 9-6-22

Eugene Water & Electric Board

INVITATION TO BID FOR THE

PURCHASE OF SERVICES

On-call Tree Maintenance Services

Bid No.: 22-182-S Closing Date: Thursday, December 8, 2022 Time: 2:00 PM PT

Description: EWEB requires bids from qualified contractors interested in providing on-call tree maintenance services. Bid pricing shall include all labor, materials, and necessary equipment to complete the work.

Purchasing Contact: Wendy Lopez (541) 685-7150 wendy.lopez@eweb.org

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

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

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

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

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

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Bidders 4

2 Sustainability 11

3 Scope of Work 13

4 Minimum Qualifications 15

5 Bid Form 17

Attachments

C Sustainability Questionnaire

D Drug Testing Requirements

Exhibits

1 Sample Contract with Attachment A

LEGAL ADVERTISEMENT

ITB #22-182-S

On-call Tree Maintenance Services

The Eugene Water & Electric Board (EWEB) requests bids from qualified contractors interested in providing on-call tree maintenance services. Bid pricing shall include all labor, materials, and necessary equipment to complete the work.

Bids shall be submitted to Wendy Lopez, Purchasing Analyst, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM PT, Thursday, December 8, 2022. Bids will not be accepted after this hour and date.

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

https://oregonbuys.gov/bso/. (Search for bid # 22-182-S. For navigation help, please call 1-855-800-5046.)

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

No bid may be withdrawn after the hour set for the opening thereof until the elapse of sixty (60) days from the date and time set for opening.

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

Date: November 17, 2022

Wendy Lopez, Purchasing Contact https://oregonbuys.gov/bso/

1. INSTRUCTIONS TO BIDDERS

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

INFORMATION OF RECORD

The official source of information for this project until the Intent to Award is posted is located at the State of Oregon's bid site, located at: https://oregonbuys.gov/bso/. IT IS THE SOLE RESPONSIBILITY OF THE BIDDER TO

CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

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

1.1 BID FORMAT

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

1.2 CONFORMANCE TO BID REQUIREMENTS

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

1.3 PRODUCT IDENTIFICATION

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

1.4 PROTEST OF SPECIFICATIONS / REQUEST FOR CHANGE

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

Eugene Water & Electric Board, BID SPECIFICATION PROTEST, BID # 22-182-S

Attn: Wendy Lopez, Purchasing Analyst, Closing: 12/8/22 4200 Roosevelt Blvd.

Eugene, Oregon 97401 or via email to wendy.lopez@eweb.org.

If by email, insert the following in the subject header: BID SPECIFICATION PROTEST, BID #22-182-S

To be considered, protests shall be received no later than Wednesday, November 30, 2022.

mailto:wendy.lopez@eweb.org

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

Request for Change – Bidders may include in the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). Bidders may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

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

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

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 SIGNATURE ON BID

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

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

1.6 RESERVED

BID SUBMISSION

1.7 BID SUBMISSION

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

BID #22-182-S, December 8, 2022, 2:00 PM PT

Eugene Water & Electric Board, Purchasing Dept.

4200 Roosevelt Blvd.

Eugene, OR 97402

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

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

(B) REQUIRED BID PACKAGE

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

• Bid Form (Section 5)

• Response to Minimum Qualifications (Section 4)

• Attachment C –Sustainability Questionnaire

• Hard Copies as detailed in Section 1.7(A)

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

(C) RESPONSIVENESS / RESPONSIBILITY

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

A “Responsible” Bidder can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in ORS 279B.110(2).

1.8 ADDENDA

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

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

https://oregonbuys.gov/bso/. As a courtesy, EWEB may send Addenda to registered Bidders by e-mail.

1.9 BID MODIFICATION

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

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

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

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

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

1.12 METHOD OF BIDDING

Bidders shall state the total cost for each project using non-pwr rates and using pwr-rates in the bid form and the bid total for projects 1-6. Bid shall include cost for all travel, labor, equipment, materials, and expenses required to perform the Work as described in this Invitation to Bid.

The total bid will be used to determine lowest responsive and responsible bidder but does not guarantee amount of work performed under this contract. Projects are hypothetical and are not binding. The Rates in Table 2 of the Bid Form will be used in the resulting 5-year on-call contract.

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

1.13 EXCEPTIONS

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

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

1.14 ALTERNATE PROPOSALS

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

1.15 PROPRIETARY DATA/PUBLIC RECORD

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

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

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

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

BID EVALUATION & AWARD

1.16 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible bidder for a not-to-exceed amount as authorized by the Board of Directors. Award may be made to one or more bidders. EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB to do so.

1.17 RECIPROCAL PREFERENCE

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

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

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

Section 4 and compliance with the terms and conditions of the Invitation to Bid.

1.19 INVESTIGATION OF REFERENCES

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

1.20 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

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

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

1.21 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of sixty (60) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.22 BID RESULTS

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

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

1.23 PROTEST OF AWARD (EWEB Rule 3-0740)

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

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

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

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

c) Only protests stipulating an issue of fact concerning a matter of bias, discrimination or conflict of interest, non-compliance with procedures described in the procurement documents, or EWEB policy shall be considered. Protests based on procedural matters will not be considered.

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email address or postal address provided in the bid. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination by the party must be submitted in writing to EWEB’s General Manager within three (3) business days of issuance of the Purchasing Supervisor’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, in accordance with the email/postal address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

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

1.24 CANCELLATION, REJECTION, DELAY OF SOLICITATION

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

1.25 CONTRACT NEGOTIATIONS

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

a) The statement of work;

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

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

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

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

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

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

1.26 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in Section 2 - Insurance Requirements, have been provided and a Notice to Proceed or a Purchase Order has been issued by EWEB.

1.27 SCHEDULE OF EVENTS

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

Invitation to Bid Issued 11/17/22

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms 11/30/22

Last day for EWEB to receive questions from Bidders 11/30/22

Last day EWEB will post Addenda 12/1/22

Closing date (last day to submit proposals to EWEB) 12/8/22

Intent to Award Announcement 12/9/22

Board Approval 1/3/23

Contract Award 1/6/23

2. SUSTAINABILITY

EWEB is interested in products and services that have a reduced impact on human health and the environment, make the most efficient use of natural resources, and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related EWEB policy and plans, please contact EWEB’s Purchasing Office at 541-685-7500. The awarded offeror will be expected to support EWEB’s goals by implementing the following strategies where applicable.

2.1 WASTE REDUCTION

Pursuant to EWEB’s Zero Waste efforts, EWEB aims to prevent waste where possible. In order to increase efficient use of resources, the awarded offeror shall adhere to the following items as applicable.

2.1.1 Packaging for goods that is unnecessary beyond packaging compliance or practical safe shipping methods shall be reduced. Offeror to ship goods using one or more of the following methods:

a. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

b. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

c. Eliminate non-essential parts of packaging, such as individual wrapping of components;

d. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

e. No point of purchase material or promotional literature.

2.1.2 The awarded offeror is to duplex all paper materials that are prepared for EWEB under the

Contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

2.2 FUEL REDUCTION

2.2.1 WEB expects suppliers to review the manufacturing process for increased efficiency overtime.

Shipping should be routed efficiently with efforts made to ship in the shortest and most efficient route. EWEB prefers to receive shipments in full rather than receiving multiple shipments.

2.2.2 In the interest of reducing air and noise pollution, greenhouse gas emissions and promoting energy conservation, all gasoline and diesel-powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

a. The health and safety of employees, subcontractors or public is compromised by turning off the vehicle.

b. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

c. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

2.3 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with EWEB, EWEB requests vendors under EWEB contract use environmentally preferable products in production of EWEB work products.

2.3.1 The awarded offeror should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy efficient

• Non-toxic, non-bio accumulative

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as Eco Logo or ENERGY

STAR.

2.3.2 EWEB desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for EWEB business wherever practical in the fulfillment of the scope of work

2.4 SOCIAL EQUITY

2.4.1 EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level. EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at: http://www4.cbs.state.or.us/ex/dir/omwesb/

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

2.4.2 EWEB supports the use of safe products to protect the lives of the Contractor, subcontractors, and EWEB employees. Suppliers of products must meet local fire, EPA, and OSHA requirements.

http://www4.cbs.state.or.us/ex/dir/omwesb/ http://dasapp.oregon.gov/qrf/index.aspx

3. SCOPE OF WORK

3.1 BACKGROUND INFORMATION

EWEB is the largest publicly owned municipal utility in the State of Oregon. The EWEB water division owns, operates, and maintains multiple pump station, reservoir and treatment facilities and properties, and has over 800 miles of pipe located in public right of way and easements.

3.2 OBJECTIVES

EWEB requires on-call services of qualified tree service contractors to provide miscellaneous tree services at EWEB owned properties, in the right-of-way and in public easements.

3.3 LENGTH OF CONTRACT

The CONTRACT(S) (“Contract”) resulting from this solicitation will start from the date of award, approximately January 6, 2022, and will last 5 years.

3.4 LOCATION OF WORK

The location the work is to be performed, completed and managed is at Contractor’s business location and at various EWEB sites in Eugene and Springfield, Oregon.

The following is a list of EWEB site locations where projects may take place:

• Various water reservoirs located in Eugene, OR

• Various water pump stations located in Eugene, OR

• Hayden Bridge Water Filtration Plant, Springfield, OR (near Hayden Bridge Road and Marcola

Road)

• Willamette River Treatment Plant and Intake sites (near I-5 and McVay Highway in

Glenwood)

• Public right-of-way and easements

3.5 SCOPE OF WORK

The following is a sampling of typical projects. Some projects may be more comprehensive:

• Hazard tree and limb removal on EWEB property

• Tree removal on EWEB property including hauling off the wood, limbs, and brush

• Stump grinding services

• Tree trimming on EWEB properties

• Snag and wildlife habitat creation

• Diseased tree removal

• Removal of trees impeding safe access to EWEB properties

• Tree clean-up and brush removal after storm events

• Removal of trees, brush and limbs that have damaged EWEB infrastructure

• Tree clearing for projects which may be subjected to BOLI Prevailing Wage Rates

Work scheduling:

EWEB project manager will reach out to request a quote for work and will issue a purchase order for each order. Contractor shall include the Purchase Order number provided at the time of order on invoices for each project.

Tree removal or felling:

For tree removal or felling orders, payment shall be made based on diameter at breast height (DBH). To determine DBH, measurement shall be made of the circumference of the tree at 4.5 feet above the average natural ground surface. If the point of measurement is at a branching or other unusual protrusion or swelling, then the measurement shall be taken immediately above or below, whicheve is more representative of the average diameter. Trees that have main stem forks or branches at a point lower than 4.5 feet above ground level shall have their diameter determined by the sum of the two largest individual stems at 4.5 feet. For hourly pruning orders, measurement of DBH is not required.

3.6 AVAILABILITY

Bidder agrees to be available to begin work a maximum of two weeks after being contacted to provide a quote for planned work.

3.7 PREVAILING WAGE RATES

Work performed on a public improvement project is subject to prevailing wages per BOLI ORS 279C.800 to 279C.870. EWEB will notify the Contractor of any tree work that is to be billed at the prevailing wage rates.

For such work the Contractor or any subcontractor shall not pay any worker less than the prevailing wage rate and fringe benefits for said worker’s classification as set forth by the State of Oregon for Lane County.

Notice of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed with the State of Oregon Bureau of Labore and Industries for approval. Copies of approved Intents/Affidavits shall be forwarded to the EWEB project manager.

(SPACE INTENTIONALLY LEFT BLANK)

4. MINIMUM QUALIFICATIONS (PASS/FAIL)

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

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

A. Requirements

1. Contractor must have been in business providing tree removal services continuously for at least 5 years.

2. Contractor should not have had a contract terminated for default or breach in the last 5 years.

Termination for default is defined as notice to stop performance that was delivered to the Bidder due to the Bidder’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Bidder, or (b) litigated and determined that the Bidder was in default.

3. NOTE: If a Bidder has had a contract terminated for default in this period, then the Bidder 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 bid on the grounds of Bidder’s past performance.

4. Contractor must submit a minimum of 3 client references for past contracts within the last 5 years, similar in nature to the requirements specified and required for this bid, that will indicate quality performance, especially based on quality of deliverables and follow-through.

5. All personnel shall wear the appropriate safety clothing and footwear, and shall use all necessary safety equipment (including, but not limited to gloves, eye and ear protection, hard hats with reflective stickers, safety boots, high visibility shirt or vest, and raingear, etc.)

6. All personnel shall be polite, respectful and show the utmost courtesy to EWEB customers. All complaints shall be given immediate attention.

7. All personnel shall refrain from using profane or inappropriate language that might be overheard by any customer.

8. All personnel shall obey applicable State of Oregon rules, including any required traffic control.

9. Contractor shall have the following programs in place prior to bidding and must submit evidence or documentation with the bid:

a. Drug-free workplace Policy (See Attachment D - Drug Testing Requirements)

B. Submittal of Contractor Qualifications

Please provide the following information in a separate file, labeled “Minimum Qualifications”:

1. Company Information:

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

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

c. Provide a company equipment list.

d. Provide staffing numbers and positions.

2. Indicate whether Contractor has had a contract terminated for default or breach (as described above) in the last 5 years.

3. Related Project Experience:

Bidder shall provide references for 3 clients in the past 5 years similar in nature to the requirements specified and required for this bid. For each client reference, the following information shall be provided:

a. Name of client

b. Description of project

c. Original contracted cost and actual cost at time of final completion date

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

4. Drug Testing Program:

Bidder shall demonstrate that it has a Qualifying Employee Drug-Testing Program in place meeting the Drug Testing Requirements in Attachment D.

5. BID FORM

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

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

BID FORM – Section 5

RESPONSE TO MINIMUM QUALIFIACTIONS - Section 4

Attachment C –SUSTAINABILITY QUESTIONNAIRE

Signed Addenda (or acknowledged on this form)

HARD COPIES – as detailed in Section 1.7(A)

FLASH DRIVE COPY - Combine all documents in one pdf file

CCB/LCB REGISTRATION NUMBER - EWEB Rule 5-0230 Registration or License

EWEB shall not consider a Person's Offer to do Work as a contractor, as defined in ORS 701.005(2), unless the Person has a current, valid certificate of registration issued by the Construction Contractors Board at the time the Offer is made.

Non-complying Entities. EWEB shall deem an Offer non-responsive if it is received from a Person that fails to comply with this rule and shall reject the Offer as stated in ORS 279C.365(1)(k), unless contrary to federal law or subject to different timing requirements set by federal funding agencies.

Bidder is in compliance with the requirements of and is registered and bonded with the State of Oregon Construction Contractor's Board or Landscape Contractors Board as follows:

Registration classification:

Registration No.: Expiration Date:

A. BID PRICE

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

The following are 6 hypothetical projects. Provide bid amounts for each using labor rates provided in Section “2” following this Bid Table section. The TOTAL BID AMOUNT (last row in Bid Table) will be the sum of non-PWR and PWR rates for Projects 1-6 and will be the basis of award. Award will be based on the bid total below in addition to the review of minimum qualifications.

*Amount of work performed under this contract is not guaranteed. Projects are hypothetical and are not binding.

The Bidder hereby states that he/she shall abide by the provisions of ORS 279C.830(1) relating to Prevailing Wages Rates for any public improvement project subject to prevailing wages.

1. BID TABLE

Project Scope Non-PWR rate

Bid Amount PWR rate Bid Amount

Project 1 Fell, stump grind, and remove all brush for 8 Class 4 Trees

Project 2 Pruning three trees with a 55’ aerial lift including removing all debris from the site

Project 3 Removing 2 Class 1 and 3 class 2 trees within the right-of-way including providing all City of Eugene required signage

Project 4 Remove a class 3 fallen tree from a fence line at an EWEB owned Pump Station

Project 5 Fell and removal all brush for 8 Class 5 and 3 Class 3 trees located around power lines on an EWEB owned site.

Project 6 Clean up tree debris, remove hazardous limbs, and fell 3 class 5 trees from an undeveloped site after a storm event

Total for Projects 1-6 above $____________ $____________

Bid Total for non-PWR and PWR rate Projects 1-6 (Basis for Award) $_________________

(CONTINUED ON FOLLOWING PAGE)

2. LABOR RATES

Table a: Tree felling, including wood removal, stump grinding, and brush removal at EWEB owned sites with the Urban Growth boundary

DBH

Classification

Labor Type

Tree Felling Hourly Rate

Stump Grinding Hourly Rate

Brush Removal Hourly Rate

Class 1: Up to 6” DBH

Standard

Prevailing Wage Rate

Class 2: 6”-

12” DBH

Standard

Prevailing Wage Rate

Class 3: 12”-

18” DBH

Standard

Prevailing Wage Rate

Class 4: 18”-

24” DBH

Standard

Prevailing Wage Rate

Class 5: 30”-

36” DBH

Standard

Prevailing Wage Rate

Class 6: 36”-

42” DBH

Standard

Prevailing Wage Rate

Class 7: Over 42”

Standard

Prevailing Wage Rate

*Payment for stump grinding shall be made based on diameter measured at 2 inches above ground level, as described above. The size shown in this table refer to DBH for trees, and the diameter at 2 inches high for stump measurements

Table b. Tree Pruning and other work Service Description Labor Type Hourly Rate Aerial Work with a Chipper

Aerial work using a climber

Standard

Prevailing Wage Rate

Aerial work with a chipper

55’ - 80’ Aerial lift Standard

Prevailing Wage Rate

Aerial work with a chipper

70’ self-propelled articulated boom

Standard

Prevailing Wage Rate

Ground work with a chipper

Ground Truck Standard

Prevailing Wage Rate

Crane work Crane with appropriate tree crew

Standard

Prevailing Wage Rate

Root grinding Additional work beyond stump grinding

Standard

Prevailing Wage Rate

Snag or wildlife habitat creation

Appropriate tree crew to create a snag or wildlife habitat

Standard

Prevailing Wage Rate

B. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

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

Check if not applicable or no Addenda were received: ____

C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

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

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

D. BIDDER RESIDENCY

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

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

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

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

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

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

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

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

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

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

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

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

E. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

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

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

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

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

F. ASSURANCES:

The undersigned attests that they:

• 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 bid and to bind their organization in all phases of this solicitation 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 subcontractor in the awarding of a subcontract because the subcontractor 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. 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 bid, including price and amounts, independently and without communication or agreement with another Bidder, except as disclosed in a separately attached statement.

• Have not directly or indirectly induced or solicited another Bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid.

• Have not directly or indirectly disclosed the Bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Bidder.

• Have not sought through communication or agreement with a person to fix the bid price of the Bidder or another Bidder, to fix an overhead, profit or cost element of the bid price of the Bidder or another Bidder 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 bid.

G. SOLICITATION SIGNATURE

Contractor, by signing this Bid Form, represents and warrants that, if awarded, Contractor’s performance under an awarded 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 a Contract resulting from this ITB, if awarded.

BIDDER INFORMATION:

Bidder Company Name

Company Address (from which product will be shipped or work will be performed)

Telephone Number Federal Tax ID Number

Bidder’s ITB Representative (if different than above)

Person Signing ITB________________________________________Title_______________________________ Please print or type name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

ATTACHMENT C

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…