RFP 22-169-Q Wildfire Phase II Risk Analysis.pdf

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Wildfire Phase II Risk Analysis A&E

RFP No.: 22-169-Q Closing Date: October 20, 2022 Time: 2:00 PM PT

Description: Wildfire Phase II Risk Analysis

Purchasing Analyst: Wendy Lopez Phone: (541) 685-7150 Email: Wendy.Lopez@eweb.org

Prebid Conference: None

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, OR 97402

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

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 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 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 Description Page

Legal Advertisement 3

1 Instructions to Proposers 4-8

2 Scope of Work 9-11

3 Evaluation Criteria 12-13

4 Evaluation Process & Contractor Selection 14-17

5 Proposal Form 18-20

Attachments

B Proposer Residency Information 21

C Sustainability Questionnaire 22

Exhibits

1 Draft Contract

LEGAL ADVERTISEMENT

RFP #22-169-Q

The Eugene Water & Electric Board (EWEB) requests proposals from Engineering firms interested in providing wildfire risk analysis services.

Proposals shall be submitted to Wendy Lopez, Purchasing Analyst, Purchasing Office, Eugene Water and Electric Board, 4200 Roosevelt Blvd, PO Box 10148, Eugene, OR 97402, before, 2:00 PM PT, October 20, 2022. Proposals will not be accepted after this hour and date.

RFP documents may be obtained by downloading the RFP documents from the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for RFP #22-169-Q). For navigation help, please call 1- 855-800-5046.)

All proposals shall be submitted as set forth in Section 1 - Instructions to Proposers. 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 ninety (90) 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 4-0220(4)(H).

Dated this 19 day of September, 2022.

Wendy Lopez 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. A&E is subject to ORS 279C and EWEB Public Contracting Rules Divisions 1, 2, 4 and 6.

PROPOSAL PREPARATION

The Eugene Water & Electric Board's environmental policy directs the utility to conduct its business in an environmentally sensitive, sustainable and responsible way. Pursuant to this policy, EWEB encourages the proposer to submit their proposal using materials (i.e. paper, dividers, binders, brochures, supplemental information, etc.) that contain postconsumer recycled content and are readily recyclable. Use of materials that cannot be readily recycled, such as PVC (vinyl) binders, spiral bindings, plastic or glossy covers and/or dividers is discouraged. Further, proposers are strongly encouraged to duplex print whenever possible. Color printing is acceptable, but not required unless content will not display correctly.

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. No electronic, oral, telephone or faxed proposals shall be accepted

1.2 CONFORMANCE TO SOLICITATION REQUIREMENTS

Proposals shall conform to the requirements of the Request for Proposals. All necessary attachments (Proposer 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

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

Eugene Water & Electric Board, RFP SPECIFICATION PROTEST, RFP # 22-169-Q, October 20, 2022 Attn: Wendy Lopez, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to wendy.lopez@eweb.org.

If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #22-169-Q

To be considered, protests shall be received no later than 5:00 PM PT on October 11, 2022.

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports Proposer’s protest, and any proposed changes to the requirements. The EWEB Purchasing department shall promptly respond to each written protest, and where appropriate, issue all revisions, substitutions, or clarifications via Addenda to all Proposers. 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 mailto:wendy.lopez@eweb.org terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Proposer, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF PROPOSAL SUBMISSION. THERE

MAY BE NO OPPORTUNITY TO DO SO AT A LATER DATE.

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

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.5 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 proposing without fully comprehending all requirements of the Request for Proposals.

Proposers shall only enter information within the proposal 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 CANCELLATION, REJECTION, DELAY OF RFP

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

Proposers responding to either RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs, 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) 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 preferred), shall be received and date and time-stamped by the EWEB Purchasing department prior to bid closing. No proposal received after RFP closing date and time shall be considered. To ensure that your proposal receives priority treatment within our mailing system, your proposal should be labeled with the following information:

RFP #22-169-Q, October 20, 2022, 2:00 PM PT

EUGENE WATER & ELECTRIC BOARD

PURCHASING

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 the Purchasing Analyst.

EWEB is not responsible for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation Document

(B) REQUIRED PAGES & CONTENT OF PROPOSAL

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

• SECTION 5 - Proposal Form

• ATTACHMENT B - Proposer Residency Information

• ATTACHMENT C – Sustainability Questionnaire

• ATTACHMENT D - Independent Contractor Certification

• RESPONSE TO ALL EVALUATION CRITERIA listed in Section 3

• 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.

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. All addenda can be obtained electronically at the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (For navigation help, contact the Purchasing Analyst.). As a courtesy, EWEB may send addenda to registered Proposers either by fax or e-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 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.

1.12 PROPOSAL OPENING: Unless otherwise provided by Law or Rule, proposals received in response to this https://oregonbuys.gov/bso/

Request for Proposals shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Proposers who attend the RFP opening shall be informed only of the names of Proposers submitting proposals. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.13 EXCEPTIONS

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

PROTEST OF REQUIREMENTS OR SPECIFICATIONS. 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 SCHEDULE OF EVENTS

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

The approximate contract schedule is as follows:

Request for Proposal Released September 19, 2022

Last Date for Request for Changes/Protests of Specifications/Terms and Conditions October 11, 2022

Closing Date (last day to submit proposals to EWEB) October 20, 2022

Responses Evaluated

OPTIONAL Interviews / Presentations Held

October 21-November 4, 2022

Pricing Request and Completion of Evaluation November 7-10, 2022

Intent to Award Announcement November 14, 2022

Board Approval December 6, 2022

Contract Award December 9, 2022

2. SCOPE OF WORK

2.1 BACKGROUND/OBJECTIVES

The Eugene Water & Electric Board (EWEB) is the largest publicly owned electric and water utility in Oregon. EWEB’s electric system services over 96,000 residential, commercial, and industrial customers within the City of Eugene as well as rural areas in the nearby McKenzie Valley. While the majority of EWEB’s electric infrastructure is within urban areas with relatively low wildfire risk, much of the transmission system runs through heavily forested terrain in surrounding areas. By understanding wildfire risk potential at a scale that can inform the location and types of mitigation investments, EWEB can expand the effectiveness of its Wildfire Mitigation Plan (WMP).

Wildfire risk in Oregon has increased in recent years as the result of a cross-section of complex issues, including increased vegetative fuel loads from decades of fire suppression activities, the presence of non-native species that act as ladder fuels, increased development in the wildland-urban interface, and frequency of erratic climate patterns such as drought, extreme heat, and severe storms. Notably, the 2020 Labor Day fires burned over one million acres in Oregon, destroyed approximately 4,000 structures, resulted in several fatalities and left most of the state experiencing an Air Quality Index (AQI) rating of Unhealthy (AQI 151) to Hazardous (AQI 500+). The unprecedented 2020 wildfire season prompted passage of Senate Bill 762 aimed at addressing increased wildfire frequency and its direct impacts to Oregonians.

The sweeping legislation mandates electric utilities to file risk-based wildfire mitigation and protection plans with the Oregon Public Utility Commission.

In response, EWEB has drafted an initial WMP including a preliminary risk assessment of its system based on the Oregon Wildfire Risk Explorer (OWRE) tool and the field experience of EWEB system operators.

Areas identified as having greater wildfire potential are the entire McKenzie Valley, where EWEB has both overhead transmission and distribution lines, and a section of Southeast Eugene that abuts large tracts of forestland. In addition to these areas, the EWEB-owned Stone Creek Hydropower Project is in the Mt.

Hood National Forest, an area considered at high risk for wildfire. Portions of EWEB’s transmission lines were damaged here by the 140,000- acre Riverside Fire in 2020.

A previous analysis affirmed EWEB’s initial wildfire risk assessments; however these analyses were based on pre-2020 OWRE tool map layers and did not include a broader review of EWEB’s electric infrastructure or factor in how recent wildfires may have altered the risk profile.

EWEB is seeking the technical expertise of an experienced WMP consultant to develop a comprehensive baseline wildfire risk assessment of EWEB’s entire system using the latest available data and methodologies. An updated statewide wildfire risk map is now available and EWEB has helped fund a Light Detection and Ranging (LiDAR) flight over the McKenzie Valley after the 2020 wildfires, with data from that flight accessible. The selected consultant would use these new data and other available sources, coupled with field information such as egress and fire suppression equipment availability, plus EWEB asset and outage information, to update the wildfire risk assessment. This analysis will ensure future mitigation efforts are most effectively targeted to areas posing the highest risk to public safety and utility infrastructure. Additionally, the analyses will help with fire behavior and utility risk-modeling, as well as support area natural resource managers with planning fuels treatment projects and public outreach efforts at the neighborhood level.

A comprehensive baseline wildfire risk assessment is key to an effective WMP. The results of this analysis will focus EWEB’s mitigation actions, including the frequency of vegetation clearance and types of grid hardening investments; making the electric system more resilient to wildfires; and, determining the best locations for situational awareness tools like weather stations and wildfire cameras for improved response during wildfire season.

2.2 SCOPE OF WORK

Contractor performance is based on deliverable products and outcomes (“Deliverables”). The selected Consultant and EWEB will negotiate the final description of work tasks and Deliverables, within the scope of what is advertised here, for inclusion in the contract.

2.2.1 Tasks and Deliverables

EWEB is soliciting consultant services from an engineering firm to provide a comprehensive baseline wildfire risk assessment to understand wildfire risk for the entire service territory, with particular attention to evaluating the consequences of an ignition in the rural areas vs wildland/urban interfaces portions of EWEB’s service territory. This is critically important to making operational decisions during red flag events in terms of geographic areas involved in potential Public Safety Power Shutoffs.

This assessment would be based on existing but updated wildfire risk maps post-Holiday Farm Fire, available LiDAR that EWEB has acquired, potential satellite imagery as available, and on-site visual patrols of targeted areas (or remote if materially equivalent to on-site). Public safety risk would be quantified based on critical infrastructure and other standard criteria such as egress considerations should residents need to evacuate.

Deliverables:

1. Comprehensive baseline wildfire risk assessment for EWEB’s service territory and transmission corridors to characterize high risk fire zones vs elevated and low risk areas.

2. Recommendations for other data analyses/tools that EWEB could explore to help ensure that mitigation actions are targeted towards areas with highest risk of wildfire for greatest public safety benefit, given the risk profile for EWEB’s service territory.

3. A dynamic risk assessment model that could be run periodically as conditions on the ground change and/or wildfire mitigation actions are taken. Ideally the model would consider available EWEB asset information and allow for more detailed asset condition information over time.

4. Other utility wildfire mitigation planning best practice recommendations related to this scope of work to prioritize future investments and/or for resiliency-related grant applications.

2.3 DELIVERABLE REVIEW & APPROVAL

2.3.1 Each Deliverable provided by Contractor shall be reviewed by the EWEB Project Manager for compliance with the Statement of Work. The EWEB Project Manager shall review the Deliverable within ten (10) business days of receipt and shall promptly notify Contractor of their approval or rejection.

2.3.2 If any Deliverable fails to conform to the Statement of Work, EWEB will, in its notification, specify the manner in which it fails to comply. Upon receipt of such written notice, Contractor will correct any such failures within five (5) business days from the date of receipt of EWEB’s notice or such date as EWEB shall specify in its notice, and shall resubmit the Deliverable to the EWEB Project Manager for re-evaluation, all at no additional cost to EWEB.

2.3.3 Thereafter, if the Deliverable fails to conform as required, EWEB may allow Contractor an additional opportunity to correct the Deliverable, again at no additional cost to EWEB.

2.3.4 When EWEB determines that all Deliverables conform in accordance with the Statement of Work, then EWEB shall notify Contractor that Final Acceptance of all Deliverables has occurred.

Contractor agrees to make any changes required to conform the Deliverables to the requirements of the Statement of Work, including changes to previously accepted Deliverables that are required due to changes to the Deliverables then under review.

2.4 EWEB RESPONSIBILITIES Provide access to EWEB Subject Matter Experts, any relevant EWEB documents, including secured access to GIS data of EWEB’s service areas. Access will be provided in a timely manner to accomplish the Scope of Work.

3. EVALUATION CRITERIA

Written Proposals will be evaluated. 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.

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.

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 3 qualified proposers from whom pricing information may be requested.

STEP TWO: Request for Pricing information and completion of evaluation.

3.1 Experience of Proposer's Key Staff in Providing Similar Work/Projects (25 points possible)

Demonstrate Proposer’s team qualifications and experience relating to the requested services.

References listed, or other documented references may be used by EWEB during the evaluation of this criterion.

Response should address the following:

• Extent of principal involvement;

• Names of key members who will or likely will be performing the work on this project(s) and their responsibilities;

• Short description of experience using teams on similar or related projects; and

• Project Manager's experience with similar projects and interdisciplinary teams.

3.2 References and Recommendations from Firm's Past Clients (15 points possible)

Provide a list of projects performed within the last three years, most comparable to the requested services. Include a description of their type, size, deliverables, 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.

3.3 Proposer's Knowledge/Understanding of the Project and Approach to the Services Described in the RFP (45 points possible) Demonstrate a clear and concise understanding of this project based on existing information. Address general description of the project purpose and key issues. Please explain any special expertise specific to wildfire risk modeling tools, data sets, and Proposer’s capabilities.

Demonstrate Proposer’s ability to clearly define the desired action to be taken and to perform the tasks and provide the deliverables identified in the scope of work. Response should include a high-level scope of work that describes the approach to the project, how the deliverables will be developed, including the proposed schedule for delivery of major task milestones, and indicate management approach to be utilized when addressing key issues of the project. Include description of any potential barriers or constraints based on previous experience with projects of similar scope and how they may be addressed within this scope of work.

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.

3.4 Pricing Proposals (15 points possible) REQUESTED IN STEP 2 ONLY. DO NOT SEND PRICING UNLESS

SPECIFICALLY REQUESTED.

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.

• 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.

• Provide any other breakdowns you would like to see. (e.g. equip. costs (rentals) etc. necessary to perform the work.

• Points will be awarded based on hours spent on project, hourly fees and total overall cost.

4. EVALUATION PROCESS & CONTRACTOR SELECTION

The Total Number of Points Possible for Step One, evaluation of written proposals is 85. Upon completion of the written evaluation, including any 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.

4.1 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.

4.2 Right of Rejection

Proposers must comply with all of the terms of the RFQ/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 RFQ/RFP.

Proposers may not qualify the proposal nor restrict the rights of EWEB. If a Proposer does so, the Purchasing Analyst 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 Purchasing Analyst.

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.

4.3 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.

4.4 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.

4.5 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.

4.6 Optional 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.

EWEB may invite up to the three (3) highest-ranked firms (or at a natural break in scoring) to interview / present. The Firm’s Key Persons as identified by EWEB shall be prepared to attend the interview within five (5) business days of notification by EWEB, and shall be prepared to (answer questions as provided with the Interview Invite letter; answer questions that will be provided at the time of Interview; Present to the Evaluation Team the firms proposed project approach; OR any combination of the above or state).

4.7 Contractor Selection

The firm with the highest total score as a result of written proposal scoring, AND OPTIONAL interview / presentation, AND pricing scoring will be awarded the contract.

4.8 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 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.

4.9 Notice of Intent to Award

After the completion of the evaluation and ranking, 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 of all Proposers and identify the Firm selected for award.

4.10 Contract Negotiation

EWEB will begin negotiating a Contract with the highest ranked Proposer as defined in Section 4.7. EWEB shall direct negotiations toward obtaining written agreement on:

a) Contractor's performance obligations an performance schedule;

b) Payment methodology and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to EWEB as determined solely by EWEB, taking into account the value, scope, complexity and nature of the Work.

c) Any other provisions EWEB believes to be in the utility's best interest to negotiate.

d) EWEB shall, either orally or in writing, formally terminate negotiations with the highest ranked

Proposer if EWEB and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. EWEB may thereafter negotiate with the second ranked Proposer, and if necessary, with the third ranked Proposer, and so on, in accordance with Rule4-0220(4)(c), until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may end the particular formal solicitation. 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.

e) A sample contract is attached for your reference.

4.11 Protest Procedures (Rule 4-0240)

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

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall 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.

5. 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 3 shall be organized in the order listed in Section 3, 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)

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. (See Section 1.8 (B))

RESPONSE TO ALL EVALUATION CRITERIA listed in Section 3 SECTION 5 - Proposal Form ATTACHMENT B - Proposer Residency Information ATTACHMENT C – Sustainability Questionnaire

IMPORTANT: DO NOT INCLUDE ANY PRICING DATA RELATED TO PROPOSED FEES, HOURLY RATES, REIMBURSABLE COSTS, ETC. 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: ____

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 this Contract and that this Contract, when executed by EWEB, 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 against the contracting agency or any other person interested in the public contract.

Have not directly or indirectly expressed an interest or lack of interest in the public contract or paid or offered to pay a fee to a person, to cause a collusive or sham bid.

Contractor by signing this proposal form represents and warrants that contractor’s performance under the resulting contract creates no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule prevents contractor's lawful performance of the contract. If contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts does not create a potential or actual conflict of interest in performance of this contract.

PROPOSER INFORMATION:

Proposer Company Name

Company Address (from which work will be performed)

Telephone Number Fax Number FEDERAL ID NUMBER

OSBEELS / OSBGE / ORBAE No.(s) (provide name(s), title(s), and certification number(s) for each employee as required. Attach additional sheet if necessary)

Name: Title: Certification No:

Name: Title: Certification No:

Name: Title: Certification No:

Name: Title: Certification No:

Person Signing RFP_______________________________________Title_______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

ATTACHMENT B

PROPOSER RESIDENCY INFORMATION

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

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

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

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

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

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

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

c. If a non-resident Bidder, enter state of residency:

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

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

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

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

ATTACHMENT C

SUSTAINABILITY QUESTIONNAIRE

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages.

1. What policies or plans are in place to help decrease environmental or social impacts from your supply chain or manufacturer (if company is a distributor) such as decreasing use of toxic or hazardous products, efficient use of natural resources, reducing greenhouse gas emissions, waste reduction, and worker health and safety? Please provide links to documents. How does your company monitor and manage your supply chain regarding environmental and social issues?

2. What type of sustainable packaging/shipping materials do you use, such as reusable, recycled content, or compostable materials? Does your company have a Zero Waste Plan; if so, describe the progress your company has made to implement the plan. If you don’t use sustainable packaging please detail, why not.

3. Does your company have transportation strategies to reduce fossil fuel, maintain local warehouses to shorten shipping distances and lead times, or combine shipments to receive economies of scale? If so, please include link or details of plan.

4. Has your company been cited in the last 5 years for non-compliance of any permits, rules or regulations pertaining to environmental, health and/or safety? If yes, please state the reason, and outcome of the citation including a description of the steps taken by your company to rectify the problem.

5. What programs do you have in place, or are planned for to increase resource efficiency such as reducing use of electric, water, labor, or material resources?

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR. If yes, detail which ones and the relevant third-party certification?

Rev. 6-13-22

EXHIBIT 1

Eugene Water & Electric Board

Personal Services Contract # 22-169-Q Engineering and Related Services

STANDARD TERMS AND CONDITIONS

FOR A PERSONAL SERVICES CONTRACT TO PROVIDE ENGINEERING AND RELATED

SERVICES TO THE EUGENE WATER & ELECTRIC BOARD

This Contract for Engineering and Related Services (Contract), is between Eugene Water & Electric Board (EWEB) and _____________________________ (Consultant). Consultant agrees to provide engineering and related services to EWEB.

RECITALS

WHEREAS, EWEB has need for the services of an independent contractor with the particular training, knowledge, and experience offered by the Consultant; and

WHEREAS, EWEB has negotiated the following Contract in Eugene, Oregon, and Consultant has agreed to deliver its services in Eugene, Oregon;

NOW THEREFORE, in consideration of a sum agreed to by the Parties, the Consultant agrees to perform the services as described in this Contract, in accordance with all requirements, terms and conditions of this Contract, as set forth below:

DEFINITIONS

“Architect” means a person who is registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided under ORS 671.010 to 671.220, and includes without limitation the terms “architect,” “licensed architect,” and “registered architect.” (See ORS 279C.100(1)).

“Consultant,” means the person or consulting company with…