RFP 21-230-Q - Final.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Bertelsen Property Design and Construction Support

RFP No.: 21-230-Q Closing Date: Tuesday, December 28, 2021 Time: 2:00 PM PT

Description: EWEB requests proposals from firms interested in providing alternative analysis, design, and construction support services for Bertelsen Property Development.

Contract Specialist: Wendy Lopez Phone: (541) 685-7150 Email: wendy.lopez@eweb.org

Mandatory Pre-Proposal Conference: NO

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Contract Specialist.

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Contract Specialist listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Contract Specialist listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Proposers”

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TABLE OF CONTENTS

Section Description Page

1 Instructions to Proposers 4-8

2 RESERVED 9

3 Background/Objectives/Scope of Work 10-14

4 RESERVED 15

5 Evaluation Criteria 16-17

6 Evaluation Process & Contractor Selection 18-21

7 Proposal Form 22-24

Attachments

B Proposer Residency Information

C Sustainability Questionnaire

D Independent Contractor Form

Exhibits

1 Sample Contract

2 Department of State Lands Approved Wetland Delineation

3 Army Corp of Engineers Jurisdictional Determination

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LEGAL ADVERTISEMENT

RFP #21-230-Q

Bertelsen Property Alternative Analysis, Design and Construction Support Services

The Eugene Water & Electric Board (EWEB) requests proposals from firms interested in providing alternative analysis, design and construction support services for Bertelsen Property Development.

Proposals shall be submitted to Wendy Lopez, Contract Specialist, Purchasing Office, 2nd Floor, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, Tuesday, December 28, 2021, 2:00 PM PT.

DO NOT SUBMIT ANY PRICING WITH YOUR PROPOSAL AS IT WILL LEAD TO DISQUALIFICATION (Qualification Based Selection Process) Price Proposals will be requested at short list announcement.

RFP documents must be download from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso/. (For navigation help, contact the Contract Specialist.)

A Mandatory Pre-Proposal Conference will NOT be held.

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

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

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Request for Proposals;

and may reject any or all proposals pursuant to EWEB Rule 3-0640.

Dated this 30 day of November, 2021.

Wendy Lopez Contract Specialist https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/

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1. INSTRUCTIONS TO PROPOSERS

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

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT

Proposals shall be typewritten or prepared in ink and shall be submitted on the form provided in the Request for Proposals. Proposals may be hand delivered or mailed by the submittal deadline.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Bidder Residency Information, Independent Contractor Certification, etc.) shall be submitted with the proposal and in the required format. Failure to comply with all requirements may result in proposal rejection.

1.3 PROTEST OF REQUIREMENTS OR SPECIFICATIONS / REQUEST FOR CHANGE

Proposers may submit a written protest of any provision or specification contained in an RFP and may request a change to any provision or specification contained in an RFP, no later than 5 p.m. on the day which is seven (7) calendar days prior to the date Proposals are due, unless a different deadline is indicated in the

RFP.

Each protest and request for change must include: the reasons for the protest or request; any and all evidence and documented, factual information that supports proposer's protest; and any proposed changes to the RFP provisions or specifications. A Proposer may submit a protest, in writing to:

Eugene Water & Electric Board, Wendy Lopez Contract Specialist, 4200 Roosevelt Blvd., Eugene, Oregon 97402, or email wendy.lopez@eweb.org.

Envelopes or Emails containing proposal protests shall be marked as follows:

RFP #21-230-PSC: REQUIREMENT(S) PROTEST/CLOSING DATE DECEMBER 28, 2021

ATTN: WENDY LOPEZ, CONTRACT SPECIALIST

EWEB will not consider any protest or request for change that is received at any time after the deadline.

Proposers must exhaust all administrative remedies before seeking judicial review.

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

Proposers may include in their response, proposed contractual terms and conditions that relate to the subject matter reasonably identified in the RFP. Proposers 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 firm’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

mailto:wendy.lopez@eweb.org mailto:wendy.lopez@eweb.org

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1.5 SIGNATURE ON PROPOSAL

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

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

1.6 PREPARATION COSTS

Pursuant to Rule 3-0640, EWEB may cancel, reject in whole or in any part any bids or proposals, without liability incurred by EWEB at any time after issuing an RFP or RFQ, if EWEB believes it is in EWEB’s interest to do so. Proposers responding to either RFPs or RFQs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs and RFQs, which includes, but is not limited to: submittal preparation, submittal, travel, expenses, interviews, presentations, or evaluation of any proposal.

1.7 PRE-PROPOSAL CONFERENCE

A mandatory Pre-Proposal Conference will NOT be held.

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Sealed proposals, containing a minimum of one (1) original signed proposal response including any addenda which require signature, and one (1) electronic copy (flash drive), shall be received and date/time stamped by the EWEB Purchasing department prior to bid closing. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #21-230-PSC: BERTELSEN PROPERTY DESIGN AND CONSTRUCTION SUPPORT

DUE: TUESDAY, DECEMBER 28, 2021, 2:00 PM PST

Proposals may be submitted in the following manner and to the following addresses listed on first page of the Request for Proposal:

RFP # 21-230-PSC

Attn: Wendy Lopez, Purchasing Office 4200 Roosevelt Blvd.

Eugene, OR 97402

Submit via US Postal Service or by Commercial Carrier such as UPS or FED EX, or in person by appointment with Contract Specialist.

No Proposal received after the closing date and time will be considered. EWEB is not responsible for technical issues that delay receipt of proposals.

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(B) REQUIRED PAGES & CONTENT OF PROPOSAL

IMPORTANT: DO NOT SUBMIT INFORMATION RELATED TO PRICING UNLESS SPECIFICALLY

REQUESTED DURING PHASE 2 OF THE RFP PROCESS.

Proposer MUST complete, sign, and return the following pages with their RFP response:

• COVER SHEET with introduction of the firm and the following:

• CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.4

• TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years.

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

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

• RESPONSE TO ALL EVALUATION CRITERIA (SECTION 5)

• SECTION 7 - Proposal Form

• ATTACHMENT B - Bidder Residency Information

• ATTACHEMENT C – Sustainability Questionnaire

• ATTACHMENT D - Independent Contractor Certification

• HARD COPIES AND DIGITAL COPIES of all proposal documents as detailed in Section 1.8.

1.9 ADDENDA

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

1.10 PROPOSAL MODIFICATION

Modifications or erasures made before proposal submission shall be initialed by the person signing the proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized representative, and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly marked “Proposal Modification,” identifying the RFP number and closing date and time. Proposers

RFP #21-230-Q 7 Bertelsen Property Design and Construction Support Services may not modify proposals after bid closing date and time.

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

1.13 EXCEPTIONS

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

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

1.14 ALTERNATE PROPOSALS

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

1.15 PROPRIETARY DATA/PUBLIC RECORD

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

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

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

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

1.16 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the highest ranked responsive and responsible proposer. 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 proposal response as outlined in the Instructions to

Proposers, Item 1.4.

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the highest ranked responsive and responsible proposer if it reasonably believes that:

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

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

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest responsive and responsible proposer and continue the process until EWEB has determined to award the contract to the proposer 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.

SCHEDULE OF EVENTS

1.17 The schedule of events set out herein represent Eugene Water & Electric Board’s best estimate of the schedule that will be followed. If a component of this schedule, such as the opening date, is delayed, the rest of the schedule will be shifted by the same number of days.

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APPROXIMATE CONTRACT SCHEDULE:

Request for Proposal Released November 30, 2021

Last Day to Submit Questions to Contract Specialist December 20, 2021

Last Date for Request for Changes/Protests of Specifications/Terms and Conditions December 21, 2021

Last Day EWEB will Post Addenda December 22, 2021

Closing Date (last day to submit proposals to EWEB) December 28, 2021

Responses Evaluated Dec 29 – Jan 6, 2022

Short List Announcement; Request Pricing Proposals January 7, 2022

Pricing Proposals Due January 12, 2022

Completion of Evaluation January 14, 2022

Intent to Award Announcement January 18, 2022

Board Approval, if needed February 1, 2022

Contract Award February 3, 2022

ANTICIPATED PROJECT SCHEDULE:

Design Completion May 31, 2022

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2. RESERVED.

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3. BACKGROUND / OBJECTIVES / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

In May 2021, The Eugene Water & Electric Board (EWEB) negotiated the purchase of 15.8 acres of the property adjacent to the Roosevelt Operations Center at the corner of Roosevelt Blvd and Bertelsen Rd in Eugene, Oregon. EWEB has identified some potential uses for the property and requires design and engineering consulting to support developing the property.

As due diligence during the purchase agreement negotiation, EWEB contracted for a geotechnical engineering investigation in April 2021. Eight exploratory test pits were excavated, and subsurface soil conditions were assessed and logged with the USCS (United Soil Classification System). The outcome of the analysis, based on the study, indicates that no geotechnical/geologic hazards were identified at the site and the site is suitable for development.

In March 2020, the previous owner requested a Wetland Delineation Report, the state issued a concurrence that there are 4 wetland areas identified. The wetlands are identified on Exhibit 2: Wetland Delineation.

The prior owner requested a determination by the US Army Corp of Engineers in December 2020. In August 2021, the US Army Corps of Engineers determined there are no waters of the U.S. within the property. The Joint Permit Application will be submitted for additional review and confirmation of their determination.

See Exhibit 3.

3.2 Project Guiding Principles

• Comply with city, state, and EWEB Board obligations including obligations for runoff, traffic, permitting, significant public works improvements, and environmental impacts

• Target current EWEB needs while considering flexibility for future development, ie water, power sources, consideration of future development initiatives

• Maintain project flexibility of execution

• Comply with and consider aspects for safe entry and egress to property and security of the property

• Support EWEB Business continuity-seismic compliance, business resiliency, emergency response

• Consider total cost of ownership

• Provide open transparent communication with EWEB staff and community, and inclusion of impacted stakeholders throughout the EWEB organization

• Use similar aesthetics to EWEB’s Roosevelt Operation Center facility

• Align with Community efficiency initiatives

3.3 Coordination with other Work

EWEB is contracting with a wetland mitigation consultant to help support permitting for a Joint Permit Application. The permit application process will require coordination between the wetland mitigation consultant and the design engineering firm.

EWEB may partner with a gas provider to place a Hydrogen Blending Plant as a pilot project on the property.

The Hydrogen Plant designer and EWEB’s Design Consultant will be responsible for coordinating design at adjacent site locations.

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3.4 Proposed Land Use Options

Proposed Land Use Option Estimated

Construction Costs

Annual Maintenance

Costs

Acreage Obligation

Project Development

Priority

Alternative Property Access Road

$500,000 $10,000 1 acre allows 30*1022 ft road East- W+1500 sq ft

Jurisdictional or project obligation for development

Loading and Unloading Semi Trailers Area, 3000 sq ft area ($300/ft)

$30,000 $600 .25 acres Proposed option

Laydown Yard-Compact Gravel-400 ft x 400 ft x 8”, $50,000 $3,500 3 acres Initial driver for property purchase

Laydown Yard Type 2- Spare units on seismic rated storage pads with power for temperature and humidity controls

$50,000 $5000 .5 acres Proposed option

Exterior Covered Storage-asphalt

$500,000 $30,000 1 acres Proposed option

Interior Storage-20,000 sq ft+ parking, loading dock, 12 storage bays 83x20 ft.

No heating and cooling

$400,000 at $20/Sq Ft

$10,000 1 acre Proposed option

Hydrogen Plant- lease agreement, revenue generation

Provided by others- Minimal Land Lease Agreement Revenue

Land Lease Agreement Revenue

1 acre Initial driver for property purchase

Hydrogen Plant expansion area including storage and access points

Phase 2 Phase 2 3 acres Proposed option

Project Facilitation Hub-materials (5000 sq feet), office (2500 sq feet), collaborative/workspace (2500)

$100,000+$750,000

+$250,000=

$1,100,000

$10,000 1 acre Proposed option

Transformer Shop/Storage, 10,000 sq ft (100x100)

$200,000 at $20/Sq Ft

$2000 .5 acres Proposed option

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Meters Testing and Storage, 5000 sq ft (100 x50)

$100,000 at $20/sq ft

$2000 .5 acres Proposed option

Vehicle Storage/Parking with Electric plug-in access

$200,000 $4000 2 acres Proposed option

Backup power supply, diesel generator

$300,000 $2000 .5 Proposed option

Fencing and Lighting ($9000 per acre)

$135,000 $5000 n/a Jurisdictional or project obligation for development

Site Prep and Grading $100,000 N/A n/a Jurisdictional or project obligation for development

Design Consulting Work, Permit Consulting Work, Attorney Fees for lease development, Wetland Mitigation Credits

$300,000+$30,000+

$50,000+$15,000+ 330,000

N/A n/a Jurisdictional or project obligation for development

Total $4,400,000 $84,100 15.25

3.5 OBJECTIVES AND SCOPE OF WORK

Task 1: Conceptual/Strategic Design and Alternatives Analysis

EWEB has identified potential land use options, outlined in item 3.4. The proposed options require refinement to determine the estimated construction costs, annual maintenance costs, and acreage obligations.

Alternatives Analysis is required to determine feasibility of use of the property with wetland mitigation versus retaining the designated wetland areas.

Task 1 Deliverables:

• Refine and expand Land Use Options evaluation

• Support and coordinate Wetland mitigation Joint Permit Application Submittal to Department of State

Lands, respond to comments as applicable

• Prepare and coordinate the DEQ 401 Water Quality Certification Post Construction Stormwater

Analysis

• Provide multiple conceptual design options, with recommendation offered. Include analysis for lowest impact to wetlands, traffic flow, and coordination of uses and site traffic flow.

• Evaluate and propose stormwater analysis

• Possible presentation of alternatives analysis and conceptual design to EWEB Executive Team and

EWEB Board of Commissioners

• Determination of utility and access obligations and coordination of construction and siting for

Hydrogen Plant with third party designer.

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Task 2: Detailed Design and Construction Support for 2021 Design

Upon completion of Conceptual Design and Alternatives Analysis, EWEB staff and leadership will identify work to be complete during an initial phase. Expected work to be complete in the first phase of construction may include, grading plans, access and egress plans, laydown yards, Hydrogen Plant to be constructed by others, fencing, and possibly interior or exterior storage.

The Design work will be incremental with opportunities for Owner review at 30%, 60%, 90%, and 100% completion. The goal is to have the Design and Drawings prepared for issuing an Invitation to Bid for Construction in May 2022.

Task 2 Deliverables:

• Support any land use, traffic study, and other jurisdiction obligations, any fees or permit costs will be provided by EWEB, the submittal and support of the request will be the responsibility of design consultant.

• Prepare Site Plans

• Support permitting process and inspections

• Design Documents and Construction Documents, including detailed stamped design notes, engineering design and drawings, and calculations to support construction documents. All drawings and design require compliance with EWEB’s CAD standards.

• Incorporate notes and details upon incremental review by Owner.

• Provide budgetary estimate for materials and contract labor for evaluation after receiving construction bids.

• Review construction bids submittals for responsiveness and responsibility

• Evaluate Privately Engineered Public Improvement obligations

• Presentation of Design at 30%, 60%, and 90% completion to EWEB Management

Task 3: Construction Support Activities

Upon Completion of the Construction Documents and Permits, EWEB will solicit responses to Construct the designed facility. Contractor will support the solicitation process and Construction Phase. During the Solicitation process Design Consultant will support Requests for Information, alternative and substitution requests, and protest of specifications. During the Construction Phase Consultant will participate in teleconference meetings between EWEB and Contractor for clarification and to resolve issues as they arise.

Task 3 Deliverables:

• Consultant shall review and provide clarification to questions and requests for clarifications and update drawings and/or specifications as needed during the competitive process.

• Consultant shall review and provide comment on submittals. For budgetary purposes assume that the fee estimate is based on responding to 10 submittals, and 10 re-submittals with an average of 4 hours per submittal and 2 hours for resubmittal will be used for consultant’s review time.

• Consultant shall provide written responses to all Requests for Information (RFI) in both Word and PDF Format. Owner will transmit applicable RFI to consultant to review. Consultant shall review and comment on all RFIs received from Owner. Comments shall be provided to Owner within 5 days of receipt unless prior written authorization for an alternative timeline is received. Contractor shall provide an opinion of cost impacts associated with RFI and response. For budgetary purposes assume that the fee estimate is based on responding to 10 Requests for Information with each RFI review is estimated at 2 hours.

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3.3 LENGTH OF CONTRACT

The length of the CONTRACT for the Alternative Analysis, Design and Construction Support Services will be from the date of award, approximately February 3, 2022, and will last approximately until October 15, 2022 for work identified as phase 1, EWEB retains the right to extend the contract to allow for additional Construction support in future years for work identified in future phases.

Tentative Schedule:

Planned Activity Expected Completion

Primary Responsible Party

Wetland Mitigation and DEQ Permit Application Contract Award

Oct 31, 2021 EWEB

Design and Construction Support Contract Award

February 3, 2021 EWEB

Conceptual Design and Alternatives Analysis, Site Plans, Cross Sections for Joint Permit Application and DEQ 401 Water Quality Certification complete

March 15, 2022 Design Contractor, in coordination with Wetlands Contractor and

EWEB

Preparation of Fill Removal Joint Permit Application complete

March 15, 2022 Wetlands Contractor, in coordination with Design Contractor

Submit Removal Fill Joint Permit Application and DEQ Quality 401 Water Quality Certification

March 15, 2022 Wetlands Contractor

Permits issued Aug 31, 2022 State Agencies supported by Wetlands Contractor

Detailed Design and Construction Support for 2021 Design

May 31, 2022 Design Contractor

Construction Work Contracting June-July, 2022 EWEB Construction Work-Phase 1 Aug-Oct 2022 Construction Contractor

3.4 LOCATION OF WORK

The location the work is to be performed, completed, and managed is at Contractor’s business location and Bertelsen Development Site in Eugene, Oregon.

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

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4. RESERVED

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5. EVALUATION CRITERIA

This is step one of a Multi-step Evaluation Process

Written Proposals will be evaluated and scoring and contract award will be based on Proposers qualifications and experience as described below. Scoring during the first step of the evaluation is limited to non-pricing information, DO NOT INCLUDE PRICING INFORMATION WITH YOUR PROPOSAL RESPONSE AS IT WILL LEAD TO DISQUALIFICATION (Qualification Based Selection Process). Price Proposals will be requested at the short list announcement.

Upon review and ranking of proposals, EWEB may request pricing from up to three qualified Proposers. Proposers may withdraw from the selection process, at their discretion, during the pricing request selection step. IT IS HIGHLY RECOMMENDED THAT PROPOSERS PREPARE THEIR PRICING PROPOSALS PRIOR TO EWEB’S STEP ONE EVALUATION COMPLETION. Pricing proposals will be due on approximately January 6, 2022.

STEP ONE: Evaluation of written proposals and optional interviews or presentations (short list process). When interviews or presentations are used, the criteria with the allocated points will be defined during the short list notification. Any points ranking during the written evaluation may carry forward as defined in the short list process.

At the completion of Step One, EWEB will release scoring and rankings of up to three (3) qualified proposers from whom pricing information may be requested. See Step Two 4.4 Pricing Proposals.

5.1 PROJECT APPROACH (30 Points Possible)

a. Describe your firm’s understanding of and approach to the Project described in this RFP. Response should include the proposed schedule for delivery of major task milestones and indicate management approach to be utilized when addressing key issues of the project.

b. Describe what unique skills or systems your firm can offer which would benefit the Project.

c. Include a simplified preliminary schedule to complete the work within the timeline stated. If factors preclude completion within the timeline stated, describe those factors and potential mitigation measures.

Points will be awarded based on a clear demonstration of ability to meet the deadline while accounting for unanticipated delays. Points will also be awarded for a complete project timeline that indicates the critical path and tasks that require EWEB personnel to complete.

5.2 PROJECT EXPERIENCE (25 Points Possible)

a. Provide a summary of your firm’s experience related to this project.

b. Provide a concise description of 3 projects in the last 10 years involving similar work to those listed in the Description of the Work.

c. Provide references for the 3 projects listed above that are most comparable to the requested services.

Include a description of their type, size, and duration. Also, for each project, indicate whether the work was accomplished within the original estimated budget and schedule, or needed to be revised.

Briefly explain the reason for any revisions.

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5.3 PROJECT TEAM EXPIRIENCE (30 Points Possible)

a. Provide a description of the proposed organizational structure to be used for this project, indicating key staff members (Key Persons) and their proposed roles for the Project. Submit resumes for all Key Persons.

b. Indicate the specific experience of the individuals who will manage the project and be the primary contact. Describe this individual’s experience managing projects similar to EWEB’s Project.

c. Indicate which members of the proposed project team, if any, worked on the example projects listed in response to 5.2 above, and describe their involvement.

STEP TWO: Request for Pricing information and completion of evaluation

5.4 PRICING PROPOSALS (15 Points Possible)

Provide details of estimated hours, staff positions and hourly rates to determine a complete and not-to-exceed project fee. Sub-total between the major areas of work to match project approach.

a. Provide a breakdown and total not-to-exceed dollar amount for all anticipated expenses (travel, per-diem, etc.) to be reimbursed by EWEB during the term of the Contract.

b. Total points for cost will be determined according to the following formula:

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

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

Example: If A = 50 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 50 = 33.50 points

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6. EVALUATION PROCESS & CONTRACTOR SELECTION

The Total Number of Points Possible for Written Proposals is 85. Upon completion of the written evaluation, including optional interviews, EWEB will rank the proposers and request pricing which will be scored in a Second Step. The total score for the combined Step One and Step Two is 100 points (Total points may increase if optional interviews are conducted).

6.1 Review and Acknowledgment of Defective Proposals

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

6.2 Right of Rejection

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

RFP.

Proposers may not make stipulations or restrict the rights of EWEB. If an Proposer does so, the Contract Specialist may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

Minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

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

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

• are trivial, negligible, or immaterial in nature,

• do not reflect a material change in the work, or,

• do not constitute a substantial reservation against a requirement or provision, *may be waived by the Contract Specialist.

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

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

6.3 References

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

EWEB reserves the right to check any and all sources for information and to include sources other than the references provided in the Proposer's proposal. EWEB may consider information available from any such

RFP #21-230-Q 19 Bertelsen Property Design and Construction Support Services source including government bodies and regulatory authorities in evaluating respondents, including past experience EWEB has had with the proposer.

6.4 Responsibility

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

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

6.5 Clarification of Response

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

During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection of that Proposer’s Proposal.

6.6 Interviews/Presentations

The outcome of the written proposal evaluations in Step One may result in placement on an interview / presentation list (short-listed) with time and date of the interview. Should EWEB elect to hold interviews / presentations, the total points possible for the interview / presentation will be determined at short list notification.

6.7 Contractor Selection

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

a) The evaluation process and evaluation factors described in this request for proposal;

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

c) The outcome of any negotiations authorized by this request for proposal

The firm with the highest total score as a result of written proposal scoring, PLUS pricing scoring will be awarded the contract. If EWEB elects to conduct interviews, interview scores will be added to prior scoring resulting from written proposal and pricing to obtain a final score.

6.8 Ties Among Proposers

Pursuant to Rule 4-0230, If determines after the ranking of potential firms, that two or more of them are equally qualified, EWEB may select a candidate through any process that the utility believes will result in the best value for EWEB taking into account the scope, complexity and nature of the Work. The process

RFP #21-230-Q 20 Bertelsen Property Design and Construction Support Services shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of EWEB and Proposers and shall protect the integrity of the Public contracting process.

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

6.9 Evaluation Process

Pursuant to Rule 3-0230(14)(d), EWEB may employ methods of contractor selection that include without limitation:

(A) An award or awards based solely on the ranking of proposals;

(B) Discussions leading to best and final offers, in which EWEB may not disclose private discussions leading to best and final offers;

(C) Discussions leading to best and final offers, in which EWEB may not disclose information derived from proposals submitted by competing proposers;

(D) Serial negotiations, beginning with the highest ranked proposer;

(E) Multiple-tiered competition designed to identify, at each level, a class of proposers that fall within a competitive range or to otherwise eliminate from consideration a class of lower ranked proposers;

(G) A multi-step request for proposals that require additional information designated in Rule 3-0232;

or

(H) Any combination of methods described in this Section.

6.10 Notice of Intent to Award

After the completion of the evaluation and ranking, the Contract Specialist will issue a written Notice of Intent to Award and send copies to all Proposers. The notice will set out the names of all Proposers and identify the Firm selected for award.

6.11 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer as defined in Section 6.7. 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 reasonable related to those expressly authorized for negotiation in the Request for Proposal, Sections 1.3 and 1.4.

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

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

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

If EWEB terminates negotiations, EWEB may then commence negotiations with the next highest scoring proposer and continue the process until EWEB has determined to award the contract to the proposer with whom it is currently discussing or negotiating.

6.12 Protests and Judicial Review of competitive Bidding and Proposals

EWEB shall provide to all Proposers a copy of the selection notice that EWEB sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to EWEB. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of

RFP #21-230-Q 21 Bertelsen Property Design and Construction Support Services all higher ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related Services described in the RFP.

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

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

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Contract Specialist 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 Manager will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Manager’s determination (response) is adverse to the protester, any further appeal of the Purchasing Manager’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 Manager’s determination (response).

f) EWEB’s General Manager will review any appeal of the Purchasing Manager’s determination and shall fax and mail, in accordance with the fax number and 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 Manager and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP or 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.

RFP #21-230-Q 22 Bertelsen Property Design and Construction Support Services

7. PROPOSAL FORM

Proposals should be prepared and organized in a clear and concise manner and must include all information required by this RFP. Headers, Titles or Tabs should be used to identify required information. Responses to the Evaluation Criteria found in Section 6 shall be organized in the order listed in Section 5, preferably by re-stating the Criteria, then responding below.

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

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

COVER LETTER, INCLUDING THE FOLLOWING:

• INTRODUCTION

• CONTRACTUAL ACCEPTANCE: Statement accepting ALL terms and conditions contained in the sample contract solicitation. (see ATTACHMENT A – Sample Contract). Statement may include request for negotiation of proposed terms and condition as allowed per Section 1.4.

• TERMINATION FOR DEFAULT: Proposers shall indicate if they have had a contract terminated for default in the last five years. (See Section 1.8 (B))

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 SECTION 7 - Proposal Form (This Form) ATTACHMENT B – Bidder Residency Information ATTACHMENT C – Sustainability Questionnaire ATTACHMENT D – Independent Contractor Certification ELECTRONIC COPY – Flash Drive

IMPORTANT: DO NOT INCLUDE ANY PRICING DATA RELATED TO PROPOSED FEES, HOURLY RATES, REIMBURSABLE COSTS, ETC. AS IT WILL LEAD TO DISQUALIFICATION. EWEB intends to use a qualification based selection process as outlined in ORS 279C.110(1).

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 _____

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

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

Check if not applicable or no addenda were received: ____

RFP #21-230-Q 23 Bertelsen Property Design and Construction Support Services

PROPOSAL SIGNATURE

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 proposal and to bind their organization in all phases of this RFP process.

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

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

Have not and will not discriminate against a 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 and that the Contract, when executed by EWEB and Contractor the contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

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

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

Have not sought through communication or agreement with a person to fix the bid price of the Proposer or another Proposer, to fix an overhead, profit or cost element of the bid price of the Proposer or another Proposer or to secure any advantage…