RFP 22-010-S Forest Mgt for Carmen.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Forest Management Services

RFP No.: 22-010-S Closing Date: February 22, 2022 Time: 2:00 PM, PT

Description: Solicitation for forest management consultants to coordinate forest harvest and habitat enhancement work as part of the FERC required expansion of the Carmen Smith to Cougar Transmission Corridor.

Purchasing Analyst: Sandra Hahn Phone: (541) 685-7163 Purchasing Analyst email: Sandra.hahn@eweb.org

Pre-Proposal Conference: NO

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

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 Title.

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 Purchasing Analyst listed above, unless otherwise stated. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Purchasing Analyst 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”

TABLE OF CONTENTS

Section Page

1 4

2 9

3 11

4 13

5 14

6 17

7 22

A

B

C D

Description

Instructions to Proposers

Insurance Requirements

Background/Objectives/Scope of Work

Minimum Qualifications and Requirements

Evaluation Criteria

Evaluation Process & Contractor Selection

Proposal Form

Attachments Standard Te rms & Conditions for the Purchase of Services Contract

Proposer Residency Information

Sustainability Questionnaire

Independent Contractor Form

Exhibits Sample Contract Carmen-Smith Vegetation Management Plan (VMP - see Section 4.7) Carmen-Smith Transmission Line Management Plan (TLMP)

LEGAL ADVERTISEMENT

RFP #22-010-S

Forest Management Services

The Eugene Water & Electric Board (EWEB) requests proposals for forest management consultants to coordinate forest harvest and habitat enhancement work as part of the FERC required expansion of the Carmen Smith to Cougar Transmission Corridor.

Proposals shall be submitted to Sandra Hahn, Purchasing Analyst, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before, 2:00 PM, PT, February 22, 2022. Proposals will not be accepted after this hour and date.

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

https://oregonbuys.gov/bso/. (For navigation help, contact the Purchasing Analyst.)

No proposal may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) 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.

Date: January 24, 2022

Sandra Hahn, Purchasing Analyst https://oregonbuys.gov/bso/

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.

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

PROPOSER TO CHECK THE WEBSITE ON A TIMELY BASIS.

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.

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Bidder Residency Information etc.) shall be submitted with the proposal and in the required format.

1.3 PROTEST OF SPECIFICATIONS

A Proposer 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 the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest, in writing, to:

Eugene Water & Electric Board, Attn: Sandra Hahn, Purchasing Dept.

RFP SPECIFICATION PROTEST – RFP #: 22-010-S

4200 Roosevelt Blvd., Eugene, Oregon 97401

OR via email to Sandra.hahn@eweb.org. Type the following in the email header for easy identification:

RFP # 22-010-S: Requirements Protest

To be considered, protests shall be received no later than 5 pm 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. The right to protest RFP specifications and/or Contract terms is provided in EWEB Rule 3-0700, as a provision for "checks and balances" of the ITB. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Proposers.

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 the Cover Letter of their response, proposed contractual terms and conditions revisions to the Sample Contract (Exhibit 1). 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.

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 proposal 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 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(A) Proposals containing a minimum of one (1) original signed proposal response, including any Addenda to be acknowledged, and one (1) can-be-modified flash drive copy, 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 # 22-010-S, February 22, 2022, 2:00 PM, PT

Eugene Water & Electric Board/Purchasing 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 the Purchasing Analyst.

Proposals received after the proposal closing date and time may not be considered and may be rejected.

EWEB is not responsible for technical issues that delay receipt of proposals.

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

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

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also 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 Proposer’s past performance.

• Section 7 - Proposal Form

• Response to All Evaluation Criteria (Section 5)

• Attachment B - Bidder Residency Information

• Attachment C – Sustainability Questionnaire

• Attachment D – Independent Contractor Form

• Flash drive copy of Proposal, as detailed in Section 1.8(A).

(C) RESPONSIVENESS / RESPONSIBILTIY

A “Responsive” proposal is a proposal that substantially complies with the Request for Proposals instructions and requirements.

A “Responsible” Proposer 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).

1.9 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 downloaded and are acknowledged in their RFP Response.

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

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

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 may not modify proposals after RFP 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 PROTESTED EXCEPTIONS

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

1.3 PROTEST OF SPECIFICATIONS, TERMS. 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.

SCHEDULE OF EVENTS

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

Last day for EWEB to receive questions from Proposers February 14, 2022

Last day EWEB will post Addenda February 16, 2022

Closing date (last day to submit proposals to EWEB) February 22, 2022

Responses evaluated March 3 2022

Intent to Award Announcement March 3, 2022

Contract Signed by Contractor March 21, 2022

Board Approval April 5, 2022

Contract Award April 7, 2022

ANTICIPATED PROJECT SCHEDULE:

Assessing survey data/ scheduling and coordinating labor for Phase 1 work April-Aug, 2022

Managing Phase 1: Thinning, topping, staging, and clean up on USFS lands Sept-Dec, 2022

Scheduling and coordinating labor for Phase 2 work 2023

Managing Phase 2: Habitat enhancements, such as girdling, notching, and other prescribed methods

Sept-Dec. 2023

Additional thinning, topping, clean up, & habitat enhancements on private lands 2024-2027

2. INSURANCE REQUIREMENTS

2.1. Certificates of Insurance. As evidence of the insurance coverage required by this solicitation and the resulting Contract, the awarded Contractor shall furnish certificate(s) of insurance to the EWEB Purchasing Department, before final award can be authorized. The insurance coverage required under this Contract shall be obtained from insurance companies or entities having a minimum financial rating of A.M. Best’s Key Rating A-; VII or higher. The Contractor shall be financially responsible for all deductibles, self-insured retention and/or self-insurance included hereunder.

2.2 Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this contract, Commercial General Liability Insurance written on the current ISO occurrence form (or a substitute form providing equivalent coverage), including coverage for premises, operations, independent contractors (performing work on Contractor’s behalf), completed operations and contractual liability. The limit shall not be less than $1,000,000 per occurrence and subject to an aggregate limit of no less than $2,000,000.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured. Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and non-contributory.

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its' divisions, officers, and employees.

2.3 Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this Contract, Automobile Liability Insurance to cover liability arising out of any auto (including owned, hired and non-owned) used in connection with the work or services This coverage may be written in combination with the Commercial General Liability Insurance. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent.

The insurance must include EWEB, its' divisions, officers, and employees as additional insureds and must apply as primary insurance without any contribution from any other insurance or self-insurance afforded to such additional insured. There must not be any endorsement or modification of this insurance to make it excess over any other insurance available to such additional insured. Insurance or self-insurance maintained by EWEB or other additional insureds is in excess of Contractor’s insurance, contingent and non-contributory.

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its' divisions, officers, and employees.

2.4 Workers' Compensation. All subject employers working under this Contract are either employers that will comply with ORS 656.017 which requires them to provide Oregon workers' compensation coverage that satisfies Oregon law for all their subject workers, or employers that are exempt under ORS 656.126.

[2003 c.794 §76c] In addition, Contractor will obtain, at Contractor's expense, and keep in effect during the term of this Contract, Employers Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and a $1,000,000 policy limit for bodily injury by disease.

The insurance must provide that insurer waives all rights to recover any payment made from EWEB, its' divisions, officers, and employees

2.5 Indemnification. Contractor shall defend, save, hold harmless, and indemnify EWEB, its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses resulting from, arising out of, or relating to any error, omission, breach of contractual duty, or negligent act of the Contractor or its officers, employees, subcontractors, or agents in the performance of services under this Contract.

2.6 Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without 30 days' written notice from Contractor or its insurer(s) to EWEB. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by EWEB.

2.7. Reserved.

2.8 Waiver of Insurance Requirements

Contractor’s failure to provide certificates of insurance as specified herein and/or in the manner specified herein does not constitute a waiver of the insurance requirements. Any waiver of the insurance requirements will only be made in writing.

3. BACKGROUND / OBJECTIVES / SCOPE OF WORK

3.1 BACKGROUND INFORMATION

The Eugene Water & Electric Board (EWEB) owns and operates the Carmen-Smith Hydroelectric Project (Project) under license No. 2242 from the Federal Energy Regulatory Commission (FERC). The Project is located on the upper McKenzie River in Linn and Lane Counties, Oregon. EWEB is soliciting proposals for professional forestry consulting services to assist EWEB with the management of approximately 12 miles of expansion of the Carmen to Cougar Transmission Corridor. This solicitation seeks consulting services to implement portions of EWEB’s Carmen-Smith Wildlife Habitat Management Plan.

3.2 OBJECTIVES

The objective of this contract is to coordinate the forest harvest and enhancement work required to create a newly expanded (additional 35’ on each side, 70’ total) portion of transmission line corridor (“expanded corridor”) that includes the creation of 500 standing snags, placement of downed large woody debris as habitat logs, and installation of other habitat features for the benefit of wildlife, as defined and directed by EWEB staff.

3.3 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately April 2022, and will last approximately five (5) years.

3.4 LOCATION OF WORK

The Carmen-Smith Transmission Corridor is located off HWY 126, approximately 70 miles East of Springfield, Oregon. The majority of the work under this Contract will be performed within the expanded corridor easement. However, forest harvest and habitat enhancement work may be performed in a few select areas outside the easement, on U.S. Forest Service (USFS) property within 0.25 mile of the expanded corridor, as directed by EWEB staff.

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

3.5 SCOPE OF WORK

The purpose of this RFP is to select a forestry consultant to implement portions of EWEB’s Carmen-Smith Wildlife Habitat Management Plan and assist EWEB in managing the expanded corridor for the goals and objectives outlined in the associated management plans. EWEB’s Wildlife Management Plan (WMP) and Vegetation Management Plan (VMP) leads are responsible for implementing the adopted plan and will work with the hired forestry consultant to implement the following activities over the next 5 years:

Tasks

1. Develop, Bid, Manage, and Report Timber Harvest Prescriptions: With the direction of EWEB’s management plan leads, and utilizing the GIS information from the 2022 timber survey completed by Mason, Bruce & Girard (MB&G), the forestry consultant will obtain a suitable logging subcontractor to top, fell, and/or remove identified trees on USFS property, within the expanded corridor. The consultant will coordinate all aspects of the timber harvest, including project layout and marking, permitting, logging contractor selection and supervision, slash disposal management, staging of habitat logs and accounting, complete timber operations summary report, and all necessary recordkeeping. It is anticipated that this Phase 1 harvest work will occur in the fall of 2022.

2. Additional Habitat Enhancement: Following the Phase 1 work, in close coordination with EWEB staff, the forestry consultant will obtain and manage suitable forestry workers to implement specific methods for snag creation and habitat enhancements on identified trees on USFS property. This Phase 2 work is expected to occur in the fall of 2023.

3. Future expansion on Private Properties: EWEB is working to obtain conservation easements along several private properties within the Carmen-Smith Transmission Corridor. Similar expansion work to the previously described harvest and enhancement on USFS property will be performed along these private easements at a date still to be determined. The forestry consultant may be responsible for the same level of coordination and management of these activities as described in tasks 1 and 2 above.

4. MINIMUM QUALIFICATIONS AND REQUIREMENTS (PASS/FAIL)

Minimum Qualifications and Requirements (Pass/Fail)

Following are the Minimum Qualifications and Requirements that shall be met by all Proposers. Proposers shall respond to each of the Minimum Qualifications and Requirements in writing, in a brief and concise manner.

Response to the minimum Qualifications and Requirements will not receive point values but shall be evaluated on a pass or fail basis. Only Proposers that meet all of the Minimum Qualifications and Requirements will be evaluated on the content of their response to scored Evaluation Criteria (Section 5) where point values shall be awarded. EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements.

EWEB will attempt to answer questions or clarify the requirements if needed.

The following criteria will be considered on a pass or fail basis. Each criterion must pass in order for a proposal to be reviewed and scored by the evaluation team.

Please discuss and/or demonstrate Proposer’s ability to meet each criterion:

• Minimum 5 years’ experience in forest consulting and harvest management practices

• All licenses, insurance, and support necessary to perform assigned tasks

• Ability to utilize and share GIS files and locations to determine harvest targets and access

• Ability to identify, contract with, and manage contractors according to compliance specifications or specified work practices

5. EVALUATION CRITERIA

This is a Single-Tier Evaluation Process. Written proposals and pricing will be evaluated, and scoring and Contract award will be based on Proposers’ qualifications and experience as described below:

Include in your proposal package a response to the following questions, listing the question first and the response directly beneath. Failure to respond to one or more questions could lower total score or cause the response to be deemed Non-Responsive.

5.1 Project Understanding and Technical Approach (35 points)

Proposer shall demonstrate a clear and concise understanding of the project based on existing information, and shall describe their approach to performing the work identified in the Scope of Work. Responses should be comprehensive and detailed in outlining the proposed activities necessary to complete the identified SOW. Responses should include the proposed schedule for delivery of major task milestones and indicate management approach to be used when addressing key issues of the project, including a timeline for timber harvest and enhancement activities. Responses should also identify all anticipated Contractor and EWEB responsibilities.

5.2 Firm and Key Staff Experience and References (30 points)

Demonstrate Proposer’s qualifications and experience relating to the requested services. Response should include the following:

• A summary of services the firm will provide related to the work.

• Brief description of experience with similar or related work on USFS lands.

• Proposed personnel (Key Staff), including responsibilities, credentials, and qualifications.

Identify experience working with interdisciplinary teams, and descriptions of past similar projects.

• Include a current resume for all Key Staff.

• Describe experience with managing harvests on local government owned forests within the past ten years, with special reference to any hydroelectric, Transmission Corridor projects.

Include a description of project type, budget, size, and duration. 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;

• Describe Proposer’s experience in managing logging operations, and experience engaging local markets for generating optimum revenue for timber harvested.

• Description of your business structure, history, size and capabilities.

• List four references, including contact name & phone number, that may be contacted by EWEB to confirm this information.

• Provide the availability of proposed Key Staff, and whether current assignments may conflict with their availability to perform the services required during the term of the Contract.

5.3 Recent, Current and Projected Workloads of Proposer's Staff and Resources (10 Points)

Demonstrate capability to complete the requested services. Response must list:

• An explanation describing how the company can accommodate varying levels of work assigned under this Contract, including any limitations

• An explanation describing how the company can accommodate project locations anywhere in the area described in this solicitation

• Current or projected assignments and location of key members, and whether these assignments may conflict with the key members’ ability to respond to these projects

• Internal procedures and/or policies related to work quality and cost control

• Management and organizational structure

5.4 References and Recommendations from Firm's Past Clients (15 Points)

Projects performed within the last three years, 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.

5.5 Sustainability (10 Points)

Describe your company’s commitment to operating and sourcing materials more sustainably. What recent or ongoing company actions exemplify that commitment environmentally and/or socially? Expand on response to Attachment C Sustainability Questionnaire, if desired.

5.6 Pricing (50 Points)

A. For the following scenario, fill in the Pricing Tables following for all pricing, hours, and fees proposed.

Pricing scores will include an evaluation of proposed hourly rates, hours, and additional fees proposed, especially in relation to the lowest price proposed. The actual amount charged under the Contract will be based on the rates and fees submitted.

Submit pricing for a scenario of managing subcontractors as needed for a harvest on USFS lands on and adjacent to a 115-kV transmission line where subcontractors perform the following:

• Top an average of 40’ from (500) Douglas fir trees, 100’ tall with an average diameter at breast height (DBH) of 14-18”.

• Remove an additional 250 fir trees less than 12” DBH and process as below.

• Remove all tops and downed trees. Chip 60% and transfer remaining for disposal.

• Delimb and stage (60) 20’ logs (12” DBH) at designated landings.

PRICING TABLES

(5.6 continued)

A. STAFF - Fill in rates, hours proposed, and extensions. Add all extensions in the Total Amount column.

TITLE RATE PER HOUR # of HOURS PROPOSED Extension (Rate X Hrs) Harvest Mgr. (Lead) $ Administrative Support $ Field Support $ Other- $ Other- $ Other- $ Other- $

Total Staff Amount $

B. FEES AND EXPENSES - List any additional fees and expenses proposed. On a separate page following this section, please provide additional detail explaining what the amounts are composed of.

FEES AND EXPENSES AMOUNT $

Total Fees & Expenses $

C. TOTAL AMOUNT PROPOSED (Add Table A and B Totals): $___________________________

6. EVALUATION PROCESS & CONTRACTOR SELECTION

The total number of points possible for this RFP is 150.

The following is an overview of the point system for this RFP:

Criteria Total Possible Points

Minimum Qualifications Pass/No Pass only Project Approach 35 Experience & Management Ability 30 Staff and Resources 10 References - Recommendations 15 Sustainability 10 Pricing 50

Total 150

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 Purchasing Analyst 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 Purchasing Analyst may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Purchasing Analyst may waive minor informalities that:

• do not affect responsiveness,

• are merely a matter of form or format,

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

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

• are trivial, negligible, or immaterial in nature,

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

• do not constitute a substantial reservation against a requirement or provision, EWEB reserves the right to refrain from making an award if it determines that to be in its best interest.

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

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 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 (“Responsibility”). 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 Evaluation Process

Written Statements of Proposal (SOPs) will be evaluated; scoring and Contract award will be based on

Proposers qualifications and experience.

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.

6.7 Reserved

6.8 Reserved

Pricing will be scored and the resulting scores will be added to the written scores for a final score.

6.9 Contractor Selection

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

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

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

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

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

6.10 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 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.

6.11 Notice of Intent to Award

After the completion of the evaluation and ranking, if a final award has been determined, the Purchasing

Analyst will issue a written notice of Intent to Award and send copies to all Proposers. The notice will set out the names and ranks of all Proposers and identify the Contractor selected for award.

If EWEB elects to hold negotiations with the highest ranked Proposer, the Purchasing Analyst will issue a written notice of Intent to Award and send copies to all Proposers. The notice will set out the names and ranks of all Proposers and identify the Contractor selected as the highest-ranking Proposer or “Finalist”.

6.12 Contract Negotiation

EWEB will begin negotiating a Contract with the Finalist and will 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 EWEB believes to be in EWEB’s best interest to negotiate.

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 ranked Proposer and continue the process until EWEB has determined to award the Contract to the Proposer with whom it is currently discussing or negotiating. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and cancel the RFP. Nothing in the rule precludes EWEB from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract.

A sample contract (Exhibit 1) is attached for Proposer reference.

6.13 Protests and Judicial Review of competitive Bidding and Proposals Pursuant to Rule 3-0740, a bidder or proposer may protest the award of a public contract or a notice of intent to award a public contract, whichever occurs first, if the bidder or proposer is adversely affected because the bidder or proposer would be eligible to be awarded the public contract in the event that the protest were successful; and the reason for the protest is that all higher ranked proposals are nonresponsive; EWEB has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the solicitation materials; EWEB has abused its discretion in rejecting the protestor's bid or proposal as nonresponsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

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 Purchasing Analyst 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 or postal address provided in Proposer’s proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

e) If the Purchasing Supervisor’s determination (response) is adverse to the protester, any further appeal of the Purchasing Supervisor’s determination (response) by the party must be submitted 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, the protesting party a written response within three (3) business days of receipt of written appeal to the email/postal address provided in Proposer’s RFP response,

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing 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 RFP and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

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

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.

A. THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:

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

COVER SHEET, with introduction of firm and the following:

o Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation. Statement may include request for negotiation of proposed terms and conditions as allowed per Section 1.8(B).

o Termination for Default: Proposers shall indicate if they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and determined that the Proposer was in default.

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

PROPOSAL FORM – Section 7 RESPONSE TO ALL EVALUATION CRITERIA listed in Section 5 ATTACHMENT B - Bidder Residency Information

ATTACHMENT C –SUSTAINABILITY QUESTIONNAIRE

ATTACHMENT D –INDEPENDENT CONTRACTOR FORM

FLASH DRIVE COPY

B. 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: ____

C. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses (MWESB).

The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so, which categories have been state certified.

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

Minority Owned _____ Woman Owned _____ Emerging Small Business _____ Veteran Owned _____

D. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

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

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

3. Contractor agrees it is responsible for all federal and state taxes or other payments or withholdings applicable to compensation or payments paid to Consultant under this Contract and shall hold EWEB harmless from such financial exposures.

CONTRACT SIGNATURE / EXECUTION

E. ASSURANCES:

The undersigned attests that they:

Have read and understand all instructions, requirements, Addenda, site conditions, and terms and conditions contained herein (including the attachments and exhibits listed in this solicitation).

Have the authority and/or responsibility to submit a proposal and to bind their organization in all phases of this RFP process.

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

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

Have not and will not discriminate against a 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 proposal, to refrain from proposing, or to change a proposal;

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…