RFP 23-005-S 1

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

Utility Line Clearance – 8 Crews

RFP No.: 23-005-S Closing Date: February 15, 2023 Time: 02:00 PM PT

Description: Utility Line Clearance - Tree Pruning and Removal, Stump Grinding and Row Mowing along EWEB transmission and distribution power lines on an ongoing regular basis.

Purchasing Contact: Ramie Alkire, (541) 685-7413, ramie.alkire@eweb.org

Pre-Proposal Conference: No

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

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

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

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Request for Proposal process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact 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 Contact listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

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

RFP 23-005-S 2

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Proposers 4-8

2 Scope of Work 9-14

3 Reserved 15

4 Evaluation Process & Contractor Selection 16-20

5 Evaluation Criteria 21-23

6 Proposal Form 24-27

ATTACHMENTS

C Sustainability Questionnaire 28

1 Certification Regarding Lobbying 29

EXHIBITS

1 Sample Contract with Attachment A Standard Terms and Conditions

2 EWEB Right of Way Vegetation Management Program: Procedures, Clearances, and Technical Specifications, rev. 2011

3 EWEB/City of Eugene Intergovernmental Agreement

RFP 23-005-S 3

LEGAL ADVERTISEMENT

RFP #23-005-S

UTILITY LINE CLEARANCE – 8 Crews

The Eugene Water & Electric Board (EWEB) requests proposals from contractors interested in providing 8 crews for Utility Line Clearance Tree Pruning and Removal, Stump Grinding and Row Mowing along EWEB transmission and distribution power lines on an ongoing regular basis.

Proposals shall be submitted to Ramie Alkire, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd, Eugene, OR 97402, before 2:00 PM PT, February 15, 2023. 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 ("OregonBuys"): https://oregonbuys.gov/bso/. (Search for bid # S-P00140-00005433. 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 thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities (EWEB Rule 3-0470) and may cancel the Request for Proposals or reject any or all proposals pursuant to EWEB Rule 3-0640.

Date: January 12, 2023

Ramie Alkire, Purchasing Contact https://oregonbuys.gov/bso/

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1. INSTRUCTIONS TO PROPOSERS

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

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

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

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 shall be submitted with the proposal and in the required format.

1.3 PROTEST OF SPECIFICATIONS / REQUIREMENTS

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 # 23-005-S, Attn: Ramie Alkire, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97402 or via email to ramie.alkire@eweb.org If by email, insert the following in the subject header: RFP SPECIFICATION PROTEST, RFP #23-005-S

To be considered, protests shall be received no less than 5 business days before the RFP closing date (per

EW-3-0700(2)).

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.

mailto:ramie.alkire@eweb.org

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1.4 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b) Proposers may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1), Attachment A Standard Terms and Conditions, and the Scope of Work state in this RFP document. Proposer may show proposed changes by providing proposed revisions in cover letter. Proposers may not protest or make a request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

Terms included with Proposer’s proposal documents will not be considered unless they are listed in the Cover Letter as requested terms to negotiate.

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.

1.7 RESERVED

PROPOSAL SUBMISSION

1.8 PROPOSAL SUBMISSION

(a) Sealed Proposals containing a minimum of one (1) original signed proposal response, including a Cover

Letter introducing your company, any Addenda to be acknowledged, five (5) hard copies, and one (1) electronic copy (one combined pdf on a flash drive), shall be received and date/time-stamped by the EWEB Purchasing department prior to RFP closing. To ensure that your proposal receives priority treatment within our mailing system, it should be labeled with the following information:

RFP #23-005-S, FEBRUARY 15, 2023, 2:00 PM PT

Eugene Water & Electric Board/Purchasing 4200 Roosevelt Blvd.

Eugene, OR 97402

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

Proposals received after the closing date and time will not be considered and may be rejected. 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 PROPOSAL PACKAGE Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Letter, 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.

• Response to All Evaluation Criteria (Section 5)

• Proposal Form (Section 6)

• Attachment C –Sustainability Questionnaire

• Attachment 1 – Certification Regarding Lobbying

• Flash Drive copy, 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.

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

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

1.12 EXCEPTIONS

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

PROTEST OF SPECIFICATIONS / REQUIREMENTS. 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.

1.12 PROPOSAL OPENING: Unless otherwise provided by Law or Rule, proposals received in response to this

Request for Proposals shall be 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 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.

1.14 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

1.15 https://oregonbuys.gov/bso/

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

Request for Proposal released 1/12/23

Last Date for EWEB to receive Protests of Requirements/Specifications/Terms 2/8/23

Last day for EWEB to receive questions from Proposers 2/8/23

Last day EWEB will post Addenda 2/10/23

Closing date (last day to submit proposals to EWEB) 2/15/23

Responses evaluated 2/16 – 3/3/23

Intent to Award Announcement 3/6/23

Board Approval 4/4/23

Contract Award 4/5/23

RFP 23-005-S 9

2. SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

EWEB is the largest publicly owned municipal utility in the State of Oregon. The area work is to be performed, completed, and managed is within the Eugene/Springfield area, out to Walterville, and up the McKenzie River (Hwy 126) to Carmen-Smith Hydro Project.

EWEB requires the services of qualified utility line clearance tree pruning and removal, stump grinding and row mowing contractors to maintain the area around energized power lines. The Contractor shall provide all travel, labor, material, equipment, and any and all associated cost to perform the work as specified herein.

Objectives of the work are to maximize public safety, electric reliability and tree health along EWEB transmission and distribution power lines.

2.2 LENGTH OF CONTRACT.

The contract for this project (“Contract”) will start from the date of award, approximately April of 2023, and will last approximately two years.

2.3 SCOPE OF WORK

2.3.1 GENERAL

ESTIMATES NOT BINDING

Any estimates or other information provided by EWEB regarding this purchase is for informational purposes only and shall not be relied upon by any bidder.

By submitting a bid, bidder assumes all risk of personally investigating the conditions relating to the performance of this contract. EWEB neither represents nor warrants the accuracy of any estimate or information; and bidders agree to bear exclusive responsibility for, and to accept all risk associated with their estimates of the reasonable cost of the performance of this contract.

2.3.2 WORK REQUIREMENTS

• Perform eight or ten hours of safe and efficient tree trimming daily. Be available to work extended hours in emergency situations. Be available to work extended hours if work load or work conditions require such work.

• All tree work shall be performed in accordance with the attached Exhibit A “Right of Way Vegetation Management Program: Procedures, Clearances, and Technical Specifications, Rev. 2011”.

• All City of Eugene trees shall be pruned in accordance with the attached Exhibit B Intergovernmental Agreement.

• All pruning shall be performed in accordance with the standards set forth in ANSI A300 and the techniques described in the International Society of Arboriculture “Best Management Practices, Utility Pruning of Trees”.

• Improper pruning and unsatisfactory work as determined by EWEB shall be corrected by the Contractor at no additional charge to EWEB.

• All claims for damages shall be handled promptly with due diligence and respect of EWEB customers and the public. Claims will be resolved and covered by contractor.

2.3.3 CREW REQUIREMENTS

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• Work force shall be managed to match the steady progress of meeting EWEB work plans and assigned tree work and direction. EWEB estimates that 8 buckets will be needed to perform this work. Crew composition shall be determined by EWEB and shall comply with all OR-OSHA regulations and ANSI Z133.1 standards.

• Contractor shall supply daily on-site supervision to ensure that all work is performed in accordance with EWEB specifications and the Contract. Contractor must provide 1 qualified AIC in the absence of supervisor.

• Supervision requirements, one person in the capacity of Supervisor, shall be required to supervise up to approximately eight (8) crews.

• Actual staffing composition will be coordinated between EWEB and Contractor after award of Contract and prior to start of work and shall comply with all OR-OSHA regulations. Crew composition shall be approved by EWEB Contract Administrator.

2.3.4 PERSONNEL QUALIFICATIONS

All personnel shall be fully qualified to perform the work for which they are assigned. EWEB may require documentation which verifies qualifications. All Crew Leads shall obtain FULL Herbicide License within 6 months of assignment to crew lead.

2.3.5 GENERAL PERSONNEL REQUIREMENTS

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

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

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

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

• All personnel shall obey applicable State of Oregon rules, including road signs.

2.3.6 PROGRAM REQUIREMENTS

• Drug Testing: Contractor shall furnish evidence of an on-going drug testing program.

• OSHA Compliance: contractor shall provide documentation of training and certification meeting the requirements of Oregon OSHA including but not limited to OAR 437, Division 2, Subdivision R.

• Quality Assurance: Contractor shall provide evidence of a Quality Assurance Plan that incorporates standards that address at a minimum:

o the customer’s quality requirements, and applicable regulatory requirements, while aiming to enhance customer satisfaction, and achieve continual improvement of its performance in pursuit of these objectives. (copied from www.iso.org)

• Employee Line Clearance Training and Certification Program, contractor shall provide documentation of their training and certification program and any required testing, including the results of tests or certifications for each employee.

• Documentation of testing and certifications, documentation of testing and certifications shall be provided within 30 days of any required testing or certification.

2.3.7 WORKSITE CONDITIONS

• Contractor shall remove all waste and debris from job site upon completion. Job site condition shall be left in an as clean or cleaner condition than it was in prior to the work.

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

• Pursuant to ORS 279B.225 and EWEB Rule 3-0800, Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.

2.3.8 WORK TYPE SPECIFICATIONS

http://www.iso.org/

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• TRIMS:

o Includes pruning the prescribed radial clearance from facilities on all limbs on trees = or ›4” at

Diameter Breast Height (DBH). Clearances shall be derived from the Line Clearance Procedures and Specifications, rev. 2018 (see Exhibit A, attached). A tree is defined as any limbs that are attached to stems that originate from a common root system and have no visible soil between the stems at the base. If there is soil between the stems at the base they will be counted as separate trees.

o Pruned vegetation (live/green and dead/dry) that is ‹4” in diameter shall be removed from the site unless an agreement has been made with the customer in advance.

o Wood shall be left on site so as not to create a hazard for road or pedestrian traffic. Wood shall be cut into 3-4’ lengths unless other arrangements are made between EWEB and the owner of the tree. EWEB may request the removal of wood from sites. The Hourly Rates will be paid for this wood removal work.

• Overhang Trim-Removal of all overhanging limbs that are = or ‹15’ above primaries back to the parent stem. Dead Overhang Trim-Removal of all dead overhanging limbs ›15’ above the conductors to the tops of the tree.

• Facility Protection Trees - For trees that are being only partially removed to protect EWEB facilities the work shall be categorized as a removal based on the size of the largest cut made. For crew work tracking.

• BRUSH CUT/REMOVAL

o Includes the pruning or removal of trees that are less than 4” DBH. One unit of brush shall consist of 10x10 ft of standing plant material. For unit calculations on work reports and invoices, brush units will be identified in 1/10 increments.

o Brush (live/green and dead/dry) shall be removed from the site unless an agreement has been made with the customer in advance.

• REMOVALS

o Includes the falling of the entire tree, which shall be measured at 4.5’ above ground level.

Ground level is wherever the ground is highest at the base of the tree.

o Pruned vegetation (live/green and dead/dry) that is ‹4” in diameter shall be removed from the site unless an agreement has been made between EWEB and the owner of the tree in advance.

o Wood >4” in diameter shall be left on site so as not to create a hazard for road or pedestrian traffic. Wood shall be cut into 3-4’ length unless other arrangements are made between EWEB and the owner of the tree. EWEB may request the removal of wood from sites. The Hourly Rate will be paid for this wood removal work.

o Stumps shall be cut as low to the ground as possible without the chain contacting soil.

o Stump grinding shall consist of mechanically grinding stumps and roots. All stumps shall be ground down to 18 inches below the grade. The grinding shall be done in a manner so that any mounding of the ground due to the stump and roots will be completely eliminated and the resulting grade will be level. Any exposed roots shall be ground and chased up to 5 feet from the center of the stump and 6 inches below the grade. Any wood chips that are left over or blown into the adjacent area shall be cleaned up and removed from the site and the site shall be left in as good or better condition.

o Stump grinding operator rates shall be included with stumping grinding rate o EWEB may elect to have contractor treat with herbicide any cut deciduous tree stumps.

o Contractor will utilize herbicide applicators qualified under the Oregon Department of

Agriculture for cut stump herbicide treatment.

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o Contractor will be responsible for any required herbicide use reporting per Oregon Department of Agriculture regulations.

• MOWING

o Chainsaws, hand tools and climbing gear necessary to perform right of way clearing, to be included in crew labor rates.

o Equipment operator rates shall be included with equipment rate.

o Different types of mowers may be utilized depending on the type of vegetation and terrain.

Crew compositions shall comply with all OR-PSHA regulations and ANSI Z133.1 standards.

• COMMUNICATION FACILITY PRUNING:

o EWEB may require the pruning of trees that are impacting communication wires. The hourly rates shall be paid for this work. It shall be invoiced separately from other work.

2.3.9 EQUIPMENT

Contractor shall furnish, at a minimum, the following equipment:

• Cell phone with texting and email.

• 4 Bucket crew’s equipment shall consist of a 60’-70’ minimum height, insulated, articulated, over-center type, operationally reliable bucket truck which includes a 10 to 15 yard chip box;

• 4 Bucket Crew’s equipment shall consist of a 55’-60’ minimum height, insulated, articulated over-center type, operationally reliable bucket truck which includes a 10-15 yard chip box;

• 43’ Squirt Boom

• Stump Grinder (As Requested within 2 weeks)

• 4x4 ATV & Trailer; (As Requested within 2 weeks)

• Mower with a Fecon mower head, or equal (As Requested within 2 weeks)

• 100’ Boom, as needed. Within 2 weeks (As Requested within 2 weeks)

• 500 gallon water trailer. During Fire Season (As Requested within 2 weeks)

• Backyard lift, as needed. Within 2 weeks(As Requested within 2 weeks)

• Utility Trailer and equipment to be used for wood hauling (As Requested within 2 weeks)

All Trucks will each be equipped with the following items below;

• 8 Chippers: 12” size minimum, trailer type, diesel fueled, self-feed; one chipper must be equipped with wench

• Complete set of climbing gear per trimmer;

• One small chain saw

• One medium chain saw

• One large chain saw, 24’ minimum bar length

• Pole pruners, 10’ minimum length

• Telescoping style Chain saw “stick saw”;

• Leaf blower, hand-held style, gas powered

• Push broom.

• Rake

• All equipment shall be reliable, well maintained, and clean in appearance and no older than 7 years.

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• Each truck shall have all approved work signs, cones, and other tools and devices necessary to perform the work required, in a safe and efficient manner. Each crew truck will carry adequate signage and cones to perform lane closures and shall comply with state and local requirements.

• Each truck shall be clearly marked with company name.

• Each truck shall be clearly marked with” EWEB Contractor” signs, furnished by EWEB.

• There may be a need to utilize specialized equipment in certain circumstances. EWEB and the

Contractor must both agree that specialized equipment is required. EWEB shall bear the cost of specialized equipment when it is required to perform such work. Equipment must be available within 2 weeks. EWEB will not cover delivery fee.

• Flaggers will be provided by EWEB whenever flagging is necessary to perform work safely and in compliance with ODOT and OR-OSHA regulations. Scheduling and requesting of flagging services shall be the responsibility of the contractor.

• EWEB will not provide any on-site storage for the Contractor. Any storage required by the contractor will be coordinated by the Contractor and at the Contractor’s expense.

• EWEB may inspect contractor’s equipment at any time to determine, condition, safety and to ensure that each crew is properly equipped with all required equipment.

2.3.10 TIME OF WORK

• Work shall be provided year round. The Contractor shall give crew locations to the EWEB representative on a daily basis. Representative will be designated by EWEB.

• All work shall be performed during regular working hours; Monday through Friday, between 6:00 a.m. to 5:30 p.m. (Pacific Time). Contractor’s personnel shall be available to work extended hours during storm situations or as workload and scheduling needs require. Contractor will compile and maintain current crew member telephone contact list for overtime call out purposes, list shall be updated and provided to contract administrator when personnel changes or telephone number changes occur.

• All crews shall make all reasonable efforts to leave the designated equipment staging area within 15 minutes of starting time and not return to the designated equipment staging area more than 15 minutes prior to the regularly scheduled work stopping time.

• Crew staging area(s) and the composition of crews working out of those staging area(s) will be approved by the contract administrator.

• The contractor will be responsible for locating acceptable crew staging areas and will be responsible for any required rent or payment for crew staging areas.

• Normal work start and stop times will be coordinated with the contract administrator.

2.3.11 REPORTING/SUMMARY STATEMENTS

• Submit time tickets to EWEB Tree/Vegetation office every Monday morning for work done in the previous week. Payment of invoices will be matched with time tickets: unsubstantiated work will not be paid.

• Time tickets shall include the minimum following information; date, name of crew leader, name of crew members, work location, type of crew, hours worked by each crew member at site, unit quantity and type completed at site

• Each contracted crew will provide a tree work report using the “EWEB Weekly Tree Work Report” form.

The form will be submitted weekly to the contract administrator and attached to the weekly time sheet.

• Contractor shall provide a current crew roster of all employees, their job title and their rate of pay and billing rate to the contract administrator. This roster shall be updated when any changes occur.

• Contractor shall provide an updated phone list of all employees each month.

2.3.12 INCENTIVES AND PENALTIES

After evaluation of the initial one-year term of the resulting Contract, EWEB may elect to implement incentives and penalties based on the number of units worked. Unit prices will be negotiated between EWEB and the Contractor if EWEB initiates penalties and incentives.

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2.3.13 SAFETY REQUIREMENTS

• Contractor and contractor’s employees will comply with all applicable City, County, State, Federal, OSHA regulations and ANSI Z133.1-2000.

• Contractor shall provide copies of any and all OROSHA reporting certificates and reportable/recordable accidents within the last 5 years.

• Contractor shall be aware of current Industrial Fire Precaution Levels and shall also be responsible for providing any fire fighting tools required by EWEB, or the appropriate regulatory agency(s) for the site(s) where work is being performed.

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3. RESERVED

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4. EVALUATION PROCESS & CONTRACTOR SELECTION

EWEB intends to use a Single-tier evaluation process where award is based on written evaluation response and price; interviews are not held. Further details follow.

The total number of points possible for written proposals is 200.

Points are assigned as follows:

Criteria Total Possible Points Proposers Ability and Capability to Perform the Requested Services 30 Proposer’s Past Experience 50 Proposer’s Supervisor(s) and Assistant Supervisor(s) Past Experience 20 Quality Assurance/Safety 20 Equipment 20 Sustainability 10 Pricing Proposal 50

TOTAL POSSIBLE SCORE 200

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 RFP, EWEB Rules, and all applicable local, state, and federal laws, administrative rules, and regulations. The Purchasing Contact 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 Contact may determine the proposal to be a non-responsive counter-offer and the proposal may be rejected.

The Purchasing Contact 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, RFP 23-005-S 17

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 request and 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.

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 Evaluation Process

A single-tiered process will be used for this RFP. Written proposals will be evaluated; scoring and Contract award will be based on Proposers qualifications, experience, and pricing.

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;

RFP 23-005-S 18

(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) Any combination of methods described in this section.

4.7 RESERVED

4.8 Contractor Selection

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

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

If this Request for Proposals specifies or authorizes the award of multiple public contracts, EWEB shall award public contracts to the responsible Proposers who qualify for the award of a Contract under the terms of this Request for Proposals.

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

4.9 Notice of Intent to Award

After the completion of the evaluation and final ranking, the Purchasing Contact 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 (“Highest Ranked Proposer” or “Finalist”).

4.10 Contract Negotiation

Upon announcement of Intent to Award, EWEB will begin negotiating a Contract with the Highest Ranked Proposer and shall conduct 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 resulting in the final Contract.

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

At any time during discussions or negotiations, EWEB may terminate such 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 does not result in a Contract within a reasonable amount of time, as determined solely by EWEB, EWEB may reject all proposals and

RFP 23-005-S 19

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.

4.11 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 proposal 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 Contact listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

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

d) EWEB’s Purchasing Supervisor will review the protest and will email or mail the protesting party a written response within three (3) business days of receipt of the written protest to the email 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

RFP 23-005-S 20

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.

RFP 23-005-S 21

5. EVALUATION CRITERIA

Instructions - 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 and rejected.

5.1 Proposers Ability and Capability to Perform the Requested Services (30 Points Possible)

Demonstrate Proposer’s ability and capability to perform the requested services as described in this RFP. Response should address the following:

a) Provide information regarding your resources; include staffing and equipment levels that demonstrate your company’s ability to perform the work as outlined in this RFP.

b) Years in business.

5.2 Proposer’s Past Experience (50 Points Available)

Indicate the experience, if any, the Proposer has had in providing UTILITY LINE CLEARANCE TREE PRUNING AND REMOVAL, STUMP GRINDING AND ROW MOWING. Include years of experience.

Indicate the experience, if any, Proposer has in providing the requested services for projects similar in size and scope, and include a client reference.

Describe any other experience that indicates the qualifications of the Proposer for the performance of the potential contract.

Proposer must supply names, address, and telephone numbers of three (3) client references and briefly describe the type of service provided to these clients. The Proposer must grant permission to EWEB to contact all references provided.

5.3 Proposer’s Supervisor(s) and Assistant Supervisor(s) Past Experience (20 Points Available)

List the Supervisor(s) and Assistant Supervisor(s) performing work under this potential contract and indicate the experience each has had in providing UTILITY LINE CLEARANCE TREE PRUNING AND REMOVAL, STUMP GRINDING AND ROW MOWING, supervision experience, or other experience that indicates their qualifications, certifications, and training.

5.4 Quality Assurance/Safety (20 Points Available)

a) Drug Testing: Proposer shall furnish evidence of an on-going drug testing program.

b) OSHA Compliance: Proposer shall provide documentation of training and certification meeting requirements of Oregon OSHA including but not limited to OAR 437, Division 2, and Subdivision R.

c) Quality Assurance: Proposer shall provide evidence of a Quality Assurance Plan that incorporates standards that address at a minimum:

• The customer’s quality requirements, and

• applicable regulatory requirements, while aiming to

• enhance customer satisfaction, and

• achieve continual improvement of its performance in pursuit of these objectives (copied from www.iso.org).

d) Employee Line Clearance Training and Certification Program: Proposer shall provide documentation of their training and certification program and any required testing, including the results of the tests or certifications for each position.

e) Provide copies of any and all OROSHA reporting certificates and reportable/recordable accidents within the last 5 years.

http://www.iso.org/

RFP 23-005-S 22

5.5 Equipment (20 Points Available)

Newer vehicles and equipment are desirable to EWEB throughout this contract based on reliability, performance and emissions output. Please describe age (Model Year) and specifications (include Make/Model) of below listed equipment to be used to perform work under this potential Contract. See Section 6.10 for description of required equipment. Indicate if any equipment will be used by subcontractor to perform work under this potential Contract or if any equipment will be rented.

4 each 55-60’’ Aerial Lift 4 each 65’-70’ Aerial Lift 1 each 100’ Aerial Lift (As needed basis) 8 each Chipper 1 each 4x4 Supervisor’s Pickup w/extra cab 1 each 43’ Squirt Boom 1 each 4x4 ATV & Trailer 1 each Stump Grinder 1 each Mower with Fecon mower head 1 each Backyard lift (As needed) 1 each 500 gallon water trailer (Fire Season) Utility Trailer and equipment to be used for wood hauling

5.6 Sustainability (10 points possible)

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?

5.7 Proposed Pricing (Maximum 50 Points Available)

Identify the billing rate per hour proposer will bill EWEB for the proposed services on the following page.

Indicate if any function will be subcontracted. Include all Subcontractor(s) name, address, phone number, and function they will be performing under this potential contract. All Subcontractors shall be approved by EWEB in accordance with the Exhibit 1: Sample Contract with Attachment A Standard Terms and Conditions, Section A.24.

Equipment hourly rates shall include expenses to…