ITB 24-248-S On-Call Wall Repair and Painting.pdf

ITB #24‐248‐S On‐call Wall Repair and Painting Services 1

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF SERVICES

On‐call Wall Repair Services

Bid No.: 24‐248‐S Closing Date: Thursday, January 16, 2025 Time: 2:00 PM, PT

Description: EWEB requires commercial, industrial, and residential wall repair and painting services on an “as needed basis” at various EWEB facilities. Contractor shall also be available for emergency work on an on‐call basis, after regular business hours, weekends and holidays.

Purchasing Contact: Kristin Kokkeler (541) 685‐7107 kristin.kokkeler@eweb.org

Prebid Conference: NO

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72‐hours prior to the closing date and time listed above.

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”.

ITB #24‐248‐S On‐call Wall Repair and Painting Services 2

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Bidders 4

2 Sustainability 11

3 Scope of Work 13

Minimum Qualifications

Bid form

Attachments

C

E

F

G

H

Sustainability Questionnaire

Bonds: Bid Bond; Performance Bond; Payment Bond

Drug Testing

Bidder Qualifications and References

First‐Tier Subcontractor Disclosure Form

Exhibits

Sample Contract

ITB #24‐248‐S On‐call Wall Repair and Painting Services 3

LEGAL ADVERTISEMENT

ITB #24‐248‐S

On‐call Wall Repair Services

The Eugene Water & Electric Board (EWEB) requests bids from qualified Contractors interested in providing commercial, industrial, and residential wall repair, and painting services on an “as needed basis” at various EWEB locations. Contractor shall also be available for emergency work on an on‐call basis, after regular business hours, weekends and holidays.

Bidders shall meet Minimum Contractor and Subcontractor Qualifications as defined in the bid package.

In summary, these Minimum Qualifications include:

1. Contractor shall have a minimum of five (5) years of experience providing related services comparable to those listed in this Section 5, Scope of Work.

2. Contractor shall be registered with the State of Oregon Construction Contractors Board as a General

Contractor, in the classification appropriate for accomplishing the work required

3. Contractor shall not have had a contract terminated for default for a minimum of 5 years.

Bidders shall comply with all BOLI and CCB requirements, as outlined in www.oregon.gov/BOLI and www.oregon.gov/ccb/Pages/index.aspx. Bid, Performance, and Payment Bonds are required for this contract.

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 OregonBuys bid #24‐248‐S. For navigation help, please call 1‐855‐800‐ 5046.)

All bids shall be submitted electronically via OregonBuys, before, 2:00 PM , Thursday, January 16, 2025. Bids will not be accepted after this hour and date. 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: December 23, 2024 Published:

Kristin Kokkeler, Purchasing Contact

ITB #24‐248‐S On‐call Wall Repair and Painting Services 4

1. INSTRUCTIONS TO BIDDERS

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

INFORMATION OF RECORD

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

TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

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

1.1 BID FORMAT

Bids shall be submitted electronically on the form provided in the Invitation to Bid. No physical, oral, telegraphic, telephone or faxed bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

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

1.3 PRODUCT IDENTIFICATION

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

1.4 PROTEST OF SPECIFICATIONS / REQUIREMENTS

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

Insert the following in the subject header:

ITB SPECIFICATION PROTEST, BID #24‐248‐S

To be considered, protests shall be received no later than 7 business days before the bid closing date

(EW‐3‐0700(2)).

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

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

Bidders may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the MS Word Sample Contract (Exhibit 1). (Bidders may show proposed changes by using Word Track changes tool OR providing proposed revisions in cover letter.) Bidders may not protest or

ITB #24‐248‐S On‐call Wall Repair and Painting Services 5 request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

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

TERMS AND CONDITIONS MAY BE MADE AT TIME OF BID SUBMISSION. THERE MAY BE NO

OPPORTUNITY TO DO SO AT A LATER DATE.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.6 SIGNATURE ON BID

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

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

1.7 CANCELLATION, REJECTION, DELAY OF SOLICITATION

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

1.8 RESERVED

BID SUBMISSION

1.9 BID SUBMISSION

(A) OregonBuys Electronic Response In order to submit an electronic bid on the OregonBuys website, Bidder must be registered with OregonBuys and able to submit an electronic bid. For instructions to register on OregonBuys, visit the following site: OrBuysSupplierRegistrationSteps.pdf (oregon.gov)

If you experience any issues registering, please contact OregonBuys at:

Phone: 1‐855‐800‐5046 Email: support.oregonbuys@das.oregon.gov

When Bidder is submitting their proposal electronically, Bidder should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20R esponse.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier ‐ Submitting a Quote ‐ Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

Bids received in a manner other than through the OregonBuys website and/or after the closing date and time will not be considered and will be rejected. EWEB is not responsible for proposals submitted

ITB #24‐248‐S On‐call Wall Repair and Painting Services 6 in any manner format or to any delivery point other than as required by the Solicitation document.

(B) REQUIRED BID PACKAGE

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

Cover Letter

Bid Form (Section 5)

All Posted Addenda Acknowledged

Attachment C –Sustainability Questionnaire

Attachment E – Bid Bond portion only

Attachment G – Bidder Qualifications and Reference Form

Attachment H – First‐Tier Subcontractor Disclosure Form

(C) RESPONSIVENESS / RESPONSIBILITY

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

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

1.10 ADDENDA

Any VERBAL communication cannot and shall not be construed as approval of the acceptability of any deviation to any requirement. All changes to requirements and/or the bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their bid response. Bidder may sign each issued Addendum and include with response or acknowledge in the space provided on the Bid Form.

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

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

1.11 BID MODIFICATION

If a Bidder wishes to make modifications to a submitted Bid, Proposer must do so through OregonBuys prior to the Bid Due Date and Time stated on the Cover Page for this ITB.

1.12 BID WITHDRAWALS:

If a Bidder wishes to withdraw a submitted Bid, Bidder must do so through OregonBuys, using the

“Withdraw Quote” button prior to the Bid Due Date and Time stated on the Cover Page for this ITB.

1.13 EXCEPTIONS

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

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

1.14 ALTERNATE PROPOSALS

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

1.15 BID OPENING/BID CLARIFICATIONS: Bids received in response to this Invitation to Bid shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200

ITB #24‐248‐S On‐call Wall Repair and Painting Services 7

Roosevelt Blvd, Eugene, Oregon 97402. Bidders who attend the bid opening shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening.

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

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

1.16 METHOD OF BIDDING

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

The price of each item shall be clearly shown in the space provided. The price of each item shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail.

1.17 PROPRIETARY DATA/PUBLIC RECORD

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

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

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

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

BID EVALUATION & AWARD

1.18 METHOD OF AWARD

EWEB, in its sole discretion, may award multiple contracts as the result of this solicitation. Awards shall be made to the lowest responsive and responsible bidders. The lowest Bid shall refer to the sum of each labor cost times the estimated number of hours (straight time) plus the estimated acquisition value of repair parts and the added value of these repair parts after the resale of these parts to EWEB by the Contractor.

EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB to do so.

1.19 RECIPROCAL PREFERENCE

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

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

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

Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

ITB #24‐248‐S On‐call Wall Repair and Painting Services 8

1.21 INVESTIGATION OF REFERENCES

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

1.22 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

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

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

1.23 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of 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.

1.24 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.

1.25 PROTEST OF AWARD (EWEB Rule 3‐0740)

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

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

a) Protests must be received within seven (7) days after issuance of the notice of intent to award the Contract. EWEB will not consider late protests.

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

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

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

ITB #24‐248‐S On‐call Wall Repair and Painting Services 9 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.

1.26 RESERVED

1.27 COMMENCEMENT OF WORK

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

1.28 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 December 23, 2024

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms January 2, 2025

Last day for EWEB to receive questions from Bidders January 2, 2025

Last day EWEB will post Addenda January 7, 2025

Closing date (last day to submit bids to EWEB) January 14, 2025

Intent to Award Announcement January 16, 2025

Board Approval (if required) February 4 , 2025

Contract Award TBD

ITB #24‐248‐S On‐call Wall Repair and Painting Services 10

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.

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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.

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3. SCOPE OF WORK

3.1 BACKGROUND INFORMATION

EWEB occasionally performs facility modifications that necessitate minor or incidental repairs, replacements, or installation of/to the building surfaces. EWEB may also identify building surfaces in need of regular maintenance or repairs.

The establishment of this contract is to provide readily accessible assistance with managing building wall repairs for maintenance, or remodeling. The resulting Contract would be on‐call with no guarantee as to the number of calls or hours that would be required during the contract period.

3.2 OBJECTIVES

To develop a partnership where safe, quality consistent, and efficient services can be requested, and responded to, in a professional and timely manner.

3.3 LENGTH OF CONTRACT

The CONTRACT (“Contract”) will start from the date of award and will last one (1) year, with the option to renew for additional terms not to exceed 5 years.

3.4 LOCATION OF WORK

Perform services at EWEB’s facilities (commercial, industrial, and residential properties) which include, but may not be limited to the following locations:

Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402

Hayden Bridge Water Filtration Plant, 3957 Hayden Bridge Rd, Springfield, OR 97477

Waterville Power Plant, 38655 Camp Creek Rd, Springfield, OR 97478

Leaburg Hydro Project, 42520 McKenzie Hwy, Leaburg, OR 97489

Carmen Smith Hydro Project, 59727 Hwy 126, McKenzie Bridge, OR 97413

Various other service locations, as needed

3.5 SCOPE OF WORK

EWEB requires professional services from a licensed contractor to provide labor, materials, tools, equipment, applicable permits and supervision necessary to perform wall repair work at various EWEB facilities as required in EWEB’s Work Requests. All work performed under this contract will be done in workmanship‐like manner to accordance industry standards and in accordance with local, state and federal building regulations.

WORK REQUESTS: EWEB will request the contractor to perform non‐emergency work and unplanned emergency work on an as‐needed basis; work requests will be submitted to Contractor via an email to the Contractors designated contact. The email request will contain at a minimum: work location or address, requested timeframe, applicable permits, and a brief scope of the required work. Once pricing is received and approved, EWEB will issue a Purchase Order to the Contractor for the requested work.

The categories of work to be performed under this contract are as follows:

3.5.1 DRYWALL REPAIR WORK

Required work may include, but not be limited to the following:

Patching (repairing cracks, holes, water damage, adhesive damage, etc.), caulking, painting, and associated preparatory and cleaning processes.

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3.5.2 PAINTING WORK

The contractor will furnish all labor, material, and equipment for the installation and application of finishes. EWEB reserves the right to provide the materials for a job at its discretion. Work to be performed includes, but is not limited to: cleaning, scraping, sanding, priming and painting of interior & exterior surfaces. Countersink protruding nails, screws, etc. Filling, puttying patching, glazing, caulking and carpentry work shall be done wherever necessary to restore to original conditions prior to work commencing. The Contractor shall apply products and materials in accordance with all manufacturers recommendations. All surfaces shall be prepped in accordance with manufactures recommendations prior to painting. Known lead containing paint will be prepared and encapsulated according to OSHA regulations “Lead in Construction”. The Contractor’s work shall repair, return, or blend building surfaces to an as‐new condition. A paint specification sheet shall be provided.

3.6 HOURS OF WORK/RESPONE TIME

3.6.1. NON‐EMERGENCY WORK

Non‐emergency work is to occur between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. Contractor shall respond by telephone or email within 24 hours to acknowledge receipt of non‐emergency work requests.

Response time for Non‐emergency work: Contractor shall acknowledge all service calls within one

(1) day of the call or email request being placed. Repair/painting must start within ten (10) business days of receipt of a Work Order (or Purchase Order), unless otherwise agreed to by

EWEB.

Note that failure to respond per this requirement shall be considered a breach of contract and cause for termination. EWEB reserves the right to use an alternate contractor in cases of breach of contract.

3.6.2. UNPLANNED EMERGENCY WORK

Contractor shall be available for unplanned emergency work on an on‐call basis. This includes after the Contractor’s normal business hours, weekends and holidays. Should an emergency situation arise, the Contractor shall respond by telephone within eight (8) hours and arrive at the job location within a maximum of twenty‐four (24) hours after notification from EWEB.

Contractor’s personnel shall be available to work extended hours during storm and/or emergency situations.

3.7 GENERAL CONTRACT ADMINISTRATION

Contractor shall coordinate, monitor and maintain the following:

3.7.1. Contractor shall establish a method for emergency contact 24 hours per day by telephone or answering service. If by answering service, Contractor’s staff shall reply by telephone to EWEB within eight (8) hours.

3.7.2. Contractor shall coordinate scheduling of all non‐emergency work with EWEB Facilities staff at least (3) business days in advance, with a confirmation call 24 hours prior to arrival.

3.7.3. Oversee administrative processes and review invoices for accuracy.

3.7.4. Resolve warranties with the manufacturer; EWEB shall not be billed for items covered by warranty.

3.7.5. A “point of contact” for EWEB’s representative(s) for all questions and information pertaining to the services provided. Contractor shall designate one or more persons responsible for Contractor's work under this Contract. Contractor shall provide EWEB the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times. The

ITB #24‐248‐S On‐call Wall Repair and Painting Services 14 representative shall be thoroughly familiar with the terms of the Contract and shall have the technical knowledge to perform the work.

3.8. GENERAL PERSONNEL REQUIREMENTS

All personnel shall be clean and neat in appearance, at the start of each workday. No obvious tears in clothing.

All personnel shall wear the appropriate safety clothing and footwear, and shall use all necessary safety equipment (including, but not limited to gloves, eye wear, hard hats, safety boots, etc.).

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

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

Contractor and Contractor’s personnel shall comply with any and all state and federal rules and laws, and shall comply with any and all rules, regulations, or ordinances, etc. that apply to the work under this contract.

EWEB reserves the right to vet personnel selected by the Contractor.

3.9. PROGRAM REQUIREMENTS

Contractor shall have the programs listed below in place prior to bidding. Although not required to be provided with the bid response, Contractor will submit evidence or documentation of the following prior to execution of a contract, if requested.

3.9.1. Drug Testing: Contractor shall furnish evidence of an on‐going, random drug testing program.

3.9.2. Quality Assurance Plan: Contractor shall furnish evidence of a documented plan. Contractor may be required to schedule meetings with EWEB representative(s) to discuss the Contractor’s performance.

3.9.3. Safety Program: Contractor shall have an on‐going accident prevention program in place.

3.9.4. OSHA Compliance: The Contractor shall possess the following minimum requirements and assign only qualified technicians who possess experience as stated below:

a. Days Away, Restricted or Transferred (DART) rating ≤ 2

b. Recordable Rate ≤ 3 (OSHA per 100 employees)

(See US Bureau of Labor Statistics website: https://www.bls.gov/iif/osheval.htm)

c. Experience Modification Rate (EMR) ≤ 1

3.9.5. All Contractor employees are required to comport to a policy equal to EWEB’s harassment prevention and non‐discrimination policy/standards of conduct.

Contractor shall have an emergency response program, available 24 hours per day, and 7 days per week. Should an emergency situation arise, the Contractor shall respond by telephone within eight (8) hours and arrive at the job location within a maximum of twenty‐four (24) hours after notification from EWEB.

ITB #24‐248‐S On‐call Wall Repair and Painting Services 15

3.10. WORK SITE CONDITIONS

Contractor shall maintain good, clean, safe working conditions at all times and shall be responsible for keeping the area free from all debris, machine parts, equipment, tools, etc and shall leave the areas clean and orderly at all times. Drop cloths or plastic sheeting shall be used to protect all unpainted surfaces, including but not limited to siding, windows, screens, cables, gutters, downspouts, air conditioning condensers, solar equipment, grounds, roof surfaces, foundations, grass, stairs, asphalt, gravel and shrubs.

Contractor shall comply with all required state and federal regulations pertaining to liquid spills.

The Contractor shall leave the area clean and free of any work related debris upon completion. The Contractor shall be responsible for disposal of all job related in Town dumpsters.

Contractor is responsible for all property damages resulting from Contractor’s negligence.

3.11. EQUIPMENT AND MATERIALS

All materials and equipment furnished by the Contractor under this Contract shall be new, non‐installed and free from defects, original Equipment Manufacturer (OEM) quality and shall meet or exceed the specification of those furnished originally from the Original Equipment Manufacturer (OEM) or equivalent.

Contractor shall furnish equipment that shall be safe, reliable, well maintained, and clean in appearance.

Contractor’s vehicles shall have all approved work signs, cones, and other tools and devices necessary to perform the work required in a safe and efficient manner.

3.12. GUARANTEES

Contractor shall guarantee workmanship and materials for a minimum period of one year after the date of final acceptance, except where certain conditions call for a longer period. During the guarantee period, any repairs or replacements required because of defective workmanship shall be at the Contractor’s expense.

3.13. MATERIAL SAFETY DATA SHEETS

The Contractor must supply all applicable Material Safety Data Sheet (MSDS) forms as requested by EWEB.

3.14. MEETINGS

3.14.1. Pre‐Job Task Planning Meetings, with EWEB Facilities person in charge, are required for all projects. A supplemental EWEB “work permit” is required for work being performed in critical asset areas.

3.14.2. Quality Assurance Meetings, with EWEB representative(s) to discuss the Contractor’s performance. If required, the first meeting should be scheduled no later than eight (8) weeks from date of contract award. Additional quality assurance meetings may be required, depending upon the Contractor’s performance.

3.15. PERMITS AND FEES

The Contractor shall be responsible for securing and paying for all permits, fees, licenses, and inspections necessary for the proper execution and completion of the work which are customarily secured after execution of the Agreement and which are legally required. Payments for such will be made on the basis of billed cost to the Contractor. This pay provision relates to permits that are exclusive, and a “one‐time use” type permit for work performed under this contract. Copies of permits shall be forwarded to EWEB with invoice.

3.16. REPORTING

Contractor shall have the ability to provide, upon request, reports reflecting services rendered for EWEB over a specified period of time. The report must show, at a minimum, the EWEB facility location;

ITB #24‐248‐S On‐call Wall Repair and Painting Services 16 description of work performed; equipment serviced; material(s) description and number; unit cost and total dollar amount for labor and materials.

3.17. INSPECTION

EWEB reserves the right to inspect any and all work in progress or completed. Any omission or failure on the part of the EWEB’s representative to disapprove or reject inferior or defective work or materials shall not be construed to be an acceptance of such work or material. If any defective work or material is found during inspection, the Contractor shall remove or repair, at his/her own expense, such defective work or material rejected and shall rebuild and/or replace same without extra charge. If the Contract Documents, the Owner’s or his/her agent’s instructions, or laws, ordinances or regulations of any public authority require any work to be tested or approved, Contractor shall give the Owner or his/her agent timely notice of its readiness for inspection by the proper authorities. If any such work shall be covered up without approval or consent, it must, if required by the Owner or his/her agent or other proper authorities, be uncovered for examination at Contractor’s expense.

3.18. WORKING TIME

Charges incurred by the Contractor for the time spent in transit (portal‐to‐portal) from the Contractor’s place of business to the job site and back are not part of this Contract and will not be paid by EWEB.

Computation of the number of hours worked shall include only those hours spent at the job site excluding mealtimes.

3.19. CHARGES FOR EQUIPMENT RENTAL

Any equipment that is rented by the Contractor in the performance of this contract shall be charged to EWEB at the same standard rate as typically invoiced by the rental company.

3.20. CONTRACT VALUE

Work to be performed and material to be supplied under this contract will be paid as invoiced and approved. Estimated value of contract is up to $50,000 per year.

ITB #24‐248‐S On‐call Wall Repair and Painting Services 17

4. MINIMUM QUALIFICATIONS (PASS/FAIL)

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

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

A. Requirements

1. Contractor shall be registered with the State of Oregon Construction Contractors Board as a General

Contractor, in the classification appropriate for accomplishing the work required.

2. Contractor shall have a minimum of five (5) years of experience providing services comparable to those listed in this Section 5, Scope of Work.

3. Contractor shall not have had a contract terminated for default for a minimum of 5 years.

4. Information for sub‐contractors must be provided if bidder is proposing to use a subcontractor.

Bidder shall complete Attachment G ‐ Bidder Qualifications and References form and return it with their bid response. Attachment G shall contain enough information for EWEB to determine compliance with the requirements of Section 3.

ITB #24‐248‐S On‐call Wall Repair and Painting Services 18

5. BID FORM

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

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

Failing to include these documents could lead to rejection of bid.

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

COVER LETTER

BID FORM – Section 5

ALL POSTED ADDENDA ACKNOWLEDGED

Attachment C –SUSTAINABILITY QUESTIONNAIRE Attachment E – Bid Bond Attachment G – Bidder Qualifications and Reference Form Attachment H – First‐Tier Subcontractor Disclosure Form

A. BID PRICE

5.1 DRYWALL AND PAINTING REPAIR WORK

5.1.1 RATE SCHEDULE (will be included in the contract to calculate all work requests)

LABOR

STRAIGHT TIME

(per hour)

OVER TIME

(per hour)

HOLIDAY RATE

(per hour)

24‐HOUR

RESPONSE

(per hour)

Painter $ $ $ $

Apprentice $ $ $ $

Other: (Fill in any other positions that may be needed below)

Ex. Carpenter $ $ $ $

COST FOR MATERIALS (mark‐up %) %

ITB #24‐248‐S On‐call Wall Repair and Painting Services 19

5.1.2 BID AMOUNTS –WALL REPAIR WORK

Based upon the unit pricing, and mark‐up provided above under 5.1.1, provide pricing for the annual estimates. Estimates or other information provided by EWEB regarding the services required are for informational purposes only and shall not be relied upon by any Bidder.

Line Item

DESCRIPTION ESTIMATED

ANNUAL

QUANTITY

UOM RATE TOTAL (QTY X RATE)

1. Painter 150 STRAIGHT

TIME HOURS

2. Apprentice 100 STRAIGHT

TIME HOURS

3. Materials 10,000 DLR (1+ %)

TOTAL BID AMOUNT (SUM OF LINE‐ITEM TOTALS) $

CCB/LCB REGISTRATION:

EWEB Rule 5‐0230 Eligibility to Bid or Propose; Registration or License

(1) Construction Contracts. 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.

(2) 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:

PUBLIC WORKS BOND:

Bidders shall comply with all BOLI and CCB requirements including all filing, notification, and payment requirements; retainage for payment for labor, and the filing of a $30,000 public works bond with the Oregon Construction Contractors Board. The Public Works Bond shall be obtained from a corporate surety authorized to do business in this state.

Name of Bonding Company:

Address:

Agent Name: Agent Phone Number:

Bond Number:

A Bid Bond, Performance Bond, and Payment Bond are required. The Bidder encloses with this bid acceptable security in the amount of ten percent (10%) of the total amount of the bid, if the bid is more than $100,000.00, made payable to the Owner. The bid security shall be forfeited as liquidated damages if bid is accepted by

ITB #24‐248‐S On‐call Wall Repair and Painting Services 20

Owner and Bidder fails to execute the Contract, provide the Performance Bond and Payment Bond in the amount of 100% of the total amount of the bid, and provide the required evidence of insurance, as described herein, within the time allowed.

RESPONSIBILITY:

Prior to awarding a Public Improvement Contract, EWEB shall determine whether the bidder meets the standards of responsibility as defined in ORS 279C.375.

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? (Indicate Yes or No) _______

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

Minority Owned, Woman Owned, Emerging Small Business, or Veteran Owned

D. BIDDER RESIDENCY

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

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

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

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

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

a. CHECK ONE:…