Rev 07/01/24

RFP 26-091-Q FINAL.docx

Eugene Water & Electric Board

REQUEST FOR PROPOSALS

for

INCLINOMETER and GROUNDWATER INSTRUMENTATION

MONITORING

A&E

RFP No.: 26-091-Q Closing Date: Thursday, May 28, 2026 Time: 2:00 PM PT

Description: EWEB is seeking a FERC qualified consultant to conduct annual monitoring of inclinometers and groundwater instrumentation over a five-year period. Services will include data collection, evaluation, and preparation of annual summary reports.

Purchasing Contact: Sandra Hahn (541) 685-7163 sandra.hahn@eweb.org

Pre-Proposal Conference: YES, Voluntary Date: Thursday, May 7, 2026 Time: 10:30 -11:30 Location: Microsoft Teams video conference. RSVP Purchasing Contact at the above email reference to receive an Outlook invitation to the conference.

This is a COMPETITIVE SEALED PROCUREMENT.

ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

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

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire 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 via the Addendum process.

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

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Proposers

2 Scope of Work

3 Minimum Qualifications and Requirements

4 Evaluation Process & Proposer Selection

5 Evaluation Criteria

6 Proposal Form

ATTACHMENTS

A SITE PLANS

(AVAILABLE AFTER CEII NON-DISCLOSURE AGREEMENT IS SIGNED –

See Exhibit 2)

EXHIBITS

Sample Contract

2 EWEB’S CEII NDA

LEGAL ADVERTISEMENT

RFP #26-091-Q

INCLOMETER and GROUNDWATER INSTRUMENTATION MONITORING

The Eugene Water & Electric Board (EWEB) requests proposals from engineering consulting firms interested in providing services as a FERC qualified consultant to conduct annual monitoring of inclinometers and groundwater instrumentation over a five-year period. Services will include data collection, evaluation, and preparation of annual summary reports.

Proposals shall be submitted on the State of Oregon – OregonBuys website (https://oregonbuys.gov/bso/), before, 2:00 PM PT, Thursday, May 28, 2026. (Emailed responses will not be accepted.) 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/. (On OregonBuys home page, search for bid # 26-091-Q. For navigation help, please call 1-855-800-5046.)

EWEB Critical Engergy/Electric Infrastructure Information (CEII) Non-Disclosure Agreement (Exhibit 2) must be downloaded, completed and submitted to the Purchasing Contact in order to obtain Attachments listed in the Table of Contents. Please submit form to: Sandra.hahn@eweb.org

A voluntary Pre-Proposal Conference will be held at 10:30 (AM) PST, (Thursday, May 7, 2026) via Microsoft Teams.

The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow them to ask questions regarding the project work. Please RSVP beforehand to the Purchasing Contact at:

sandra.hahn@eweb.org.

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 lapse of sixty (60) days from the date and time set for opening.

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

Date: April 28, 2026

Sandra Hahn, Purchasing Contact https://oregonbuys.gov/bso/ mailto:Sandra.hahn@eweb.org mailto:xxxx.xxxx@eweb.org

1. INSTRUCTIONS TO PROPOSERS

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

INFORMATION OF RECORD

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

CHECK THE WEBSITE ON A TIMELY BASIS.

PROPOSAL PREPARATION

1.1 PROPOSAL FORMAT AND COST

Proposals shall be typewritten or prepared in ink and shall be submitted electronically, per Section 1.8 below. 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.

Proposer is responsible for all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

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 via email to sandra.hahn@eweb.org. Insert the following in the subject header:

RFP SPECIFICATION PROTEST, RFP #26-091-Q

To be considered, protests shall be received no less than 5 business days before close (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.

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) and the Scope of Work included in this RFP document.

(Proposer may show proposed changes by using Word Track Changes tool OR providing proposed revisions in cover letter.) Proposers may not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

mailto:xxx.xxxx@eweb.org

RFP 26-091-Q FINAL.docx

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 any proposals, if EWEB determines it is in the best interest of EWEB to do so.

1.7 PRE-PROPOSAL CONFERENCE

A voluntary Pre-Proposal Conference will be held on May 7, 2026 at 10:30 AM PT, via a Microsoft Teams Meeting. The purpose of the conference is to discuss the work to be performed with the prospective Proposers and allow them to ask questions concerning the RFP. Interested parties may participate in the Pre-Proposal Conference by emailing the Purchasing Contact to request an Outlook invitation.

1.8 PROPOSAL SUBMISSION

(a) OregonBuys Electronic Response

Please be sure to combine all documents into one pdf file before attempting to submit your bid into the OregonBuys bid site.

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

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

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

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

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20R https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

RFP 26-091-Q FINAL.docx esponse.pdf for electronic submission.

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

Terminology specific to the OregonBuys system may be found at:

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

Proposals received in a manner other than through the OregonBuys website and/or after the closing date and time will not be considered and will be rejected. EWEB is not responsible for proposals submitted 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 RFP response. Failing to include these documents could lead to rejection of proposal.

• Cover Sheet, with:

Contractual Acceptance: Statement accepting ALL terms and conditions contained in this solicitation and the Sample Contract (Exhibit 1). Statement may also include request for negotiation of proposed terms and conditions as allowed per Section 1.4.

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

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

• Proposal Form (Section 6)

• Response to Minimum Requirements (Section 3)

• Response to All Evaluation Criteria (Section 5)

• All Addenda Acknowledged

IMPORTANT NOTE RE PRICING – DO NOT submit pricing proposal with your submission. All Proposers should be prepared to submit their pricing within 24 hours of formal invitation to submit pricing, shortly after shortlist notification.)

(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).

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

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. Proposer may sign each issued Addendum and include with response or acknowledge in the space provided on the Proposal Form.

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

https://oregonbuys.gov/bso/.

1.10 PROPOSAL MODIFICATION

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

1.11 PROPOSAL WITHDRAWALS:

If a Proposer wishes to withdraw a submitted Proposal, Proposer must do so through OregonBuys, using the “Withdraw Quote” button prior to the Proposal Due Date and Time stated on the Cover Page for this RFP.

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.

1.13 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. Enquiring Proposers 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.

1.14 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.

https://oregonbuys.gov/bso/

RFP 26-091-Q FINAL.docx

1.16 SOCIAL EQUITY

EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF). EWEB encourages the awarded offeror to use the following voluntary practices to promote open competitive opportunities for disadvantaged businesses as applicable:

a. Access lists of certified minority, women, emerging small business or disadvantaged business enterprises from the Oregon State Office of Minority, Women and Emerging Small Business (OMWESB) by visiting their website at:

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website to search for Qualified Rehabilitation Facilities from whom to procure products or services.

SCHEDULE OF EVENTS

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

Request for Proposal released April 29, 2026

Voluntary Pre-Proposal Conference May 7, 2026

Last day for EWEB to receive questions from Proposers May 20, 2026

Last day EWEB will post Addenda on Bid Site May 25, 2026

Closing date (last day to submit proposals to EWEB) May 28, 2026

Responses evaluated June 4, 2026

Optional interviews / Presentations held TBD

Pricing evaluated TBD

Intent to Award announcement Posted on Bid Site TBD

Board approval July 7, 2026

Contract award July 9, 2026

2. SCOPE OF WORK

2.1 BACKGROUND /OBJECTIVES

Eugene Water & Electric Board (EWEB) owns and operates the Leaburg-Walterville Hydroelectric Project located 13 miles east of Eugene, Oregon FERC Project 2496. EWEB has had landslide and embankment monitoring on seven major slide areas and three large embankment sections along the Leaburg Power Canal since 1987. There have been multiple field investigation phases over the years that have added to the original number of active inclinometer instruments installed in 1987. However, this increase in inclinometer casings has been partially offset by continued landslide movements that have caused some of the older casings to deform and become unreadable. Consequently, the number of active casings that are monitored has varied from year to year depending on the number of new casings added and older casings lost due to slope movement. The number of active casings as of 2025 includes 22 casings in Group 1 (annual monitoring schedule) and 22 casings included in Group 2 (five year monitoring schedule). The Group 1 annual readings are collected on those casings that have shown some movement over the last fifteen years, or they are casings that are relatively new with only a short monitoring history. The Group 2 casings are those that have not shown any movement since they were installed, or they are casings that have shown some initial movement but they have not shown any movement over the past fifteen years of monitoring. The next round of Group 2 monitoring will occur in 2027 and is included in this current scope of work.

Recent groundwater monitoring instrumentation has been installed along the canal embankment with additional instrumentation installation planned for late 2026. All groundwater monitoring instruments on the landslides and canal embankment sections will be collected each year.

EWEB is seeking a consultant to conduct annual monitoring of inclinometers and groundwater instrumentation over a five-year period. Services will include data collection, evaluation, and preparation of annual summary reports.

Reports shall document findings, identify trends, and provide recommendations regarding the monitoring program, including potential additions or removal of instrumentation, or modifications to monitoring frequency.

The objective of this work is to maintain an understanding of subsurface and groundwater conditions to support ongoing risk management and decision-making.

2.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately July 8, 2026, and will last approximately 5 years.

2.3 LOCATION OF WORK

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

EWEB will provide access to the site where the instruments are located and access to the office at House 4, Leaburg during the field operation. The processing of the data will occur at the Consultants facilities.

2.4 ENGINEERS ESTIMATE

The EWEB estimate for services under this project is $200,000.

2.5 SCOPE OF WORK

a. General Consultant performance is based on deliverable products and outcomes (“Deliverables”). The selected Proposer 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.

RFP 26-091-Q FINAL.docx

b. SCOPE OF WORK The Contractor shall perform annual instrumentation monitoring and reporting services for the period 2026 through 2030. The Work includes all labor, travel, materials, equipment, supplies, data processing, analysis, report preparation, meetings, and revisions necessary to complete the required tasks as outlined below.

1. Work to Be Performed (Annual Tasks) For each monitoring year, the Contractor shall complete the following tasks:

a. Field Instrumentation Readings

• Perform field data collection on designated inclinometer casings and piezometers according to the annual reading schedule.

• Provide all field equipment, personnel, and data acquisition tools necessary to complete the readings.

b. Data Reduction and Plot Development

• Process all field data, including correction of raw readings, validation, and reduction.

• Prepare updated plots for inclinometer deflection, cumulative displacement, and groundwater trends.

c. Preparation of Annual Summary Report Prepare a comprehensive summary report including:

• Inclinometer deflection and cumulative displacement plots.

• Groundwater hydrographs correlated with daily and cumulative rainfall.

• Analytical interpretation of instrument behavior, observed trends, and potential implications for site performance.

• Recommendations for modification of the instrumentation program, including repositioning of instruments between Groups 1 and 2 or removal/addition of instruments as warranted.

• Submit one electronic PDF copy of the draft summary report within 2 months of completing field readings.

d. Review Meeting with EWEB

• Attend a video conference meeting with EWEB Dam Safety Engineering staff to review report content and address questions or comments.

e. Final Report Preparation

• Revise the report based on EWEB comments.

• Submit one electronic PDF copy of the final summary report within 2 weeks of the review meeting.

f. FERC Review Support

• Provide support for FERC review, including revisions to address agency comments and a 2 hour meeting with FERC and EWEB if necessary. Services shall include responses through at least one full FERC review cycle; additional review cycles or extended agency response periods may be addressed via an amendment.

2. Instrumentation Reading Schedule

Instrumentation groups shall be read once during the second quarter (April – June) according to the following schedule:

• 2026: Group 1

• 2027: Groups 1 and 2

• 2028: Group 1

• 2029: Group 1

• 2030: Group 1

RFP 26-091-Q FINAL.docx

For the first year of this contract only (2026), readings may be performed after June to accommodate the procurement timeline.

Instrumentation Quantities

• In 2025, inclinometers consisted of 22 casings in Group 1 and 22 casings in Group 2. The number of inclinometers may vary from year to year depending on the instrument conditions and applicable recommendations.

• In 2025, groundwater instruments consisted of 20 standpipe piezometers and 44 vibrating wire piezometers. Due to drilling activities in 2026 and the associated installation of instruments, in 2027 onward 52 standpipe piezometers and 56 vibrating wire piezometers will be read.

3. Contractor Responsibilities

The Contractor shall:

• Provide all personnel, vehicles, travel, field equipment, consumables, safety gear, and data recording devices needed to perform the Work.

• Conduct all fieldwork in accordance with applicable safety standards and site access requirements.

• Ensure all data reduction, analysis, interpretation, and reporting are completed to professional standards.

• Coordinate with EWEB staff to schedule field activities and review meetings.

• Maintain all records, field notes, and digital files associated with the Work.

4. EWEB Responsibilities

EWEB will:

• Provide site access and coordination with site representatives as needed.

• Clear vegetation at inclinometer sites where necessary to allow safe access for the Contractor.

• Provide traffic control assistance during readings of instruments IN-LB-Mhwy-B-20 and IN-LB-Mhwy-B-24 located on the shoulder of the McKenzie Highway. See Map in Site Plans Attachment.

• Provide timely review comments on draft reports and participate in scheduled video conference meetings.

3. MINIMUM REQUIREMENTS (PASS/FAIL)

Following are the “Minimum Requirements” that shall be met by all Proposers. Response to this section will be considered on a pass or fail basis. Response to each and all requirements must pass before a proposal will be reviewed and scored by the evaluation team.

Proposers shall respond to each of the Minimum Requirements in writing in a brief and concise manner. (See Submittal section following.) EWEB does not pre-qualify Proposers; your proposal must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

1. Proposer Qualifications, Experience, and Client References

Proposer must have been in business providing engineering and design services similar to the Scope of Work specified in Section 2 and shall demonstrate experience relevant to geotechnical and instrumentation monitoring work, including at a minimum:

• At least 10 years performing inclinometer and piezometer monitoring.

• At least 10 years conducting slope stability analysis, including correlation of inclinometer shear zones with geologic units and interpretation of pore pressure response relative to measured movement.

• At least 2 relevant landslide monitoring projects completed within the last 10 years.

• Hydroelectric and FERC dam safety compliance experience on at least two FERC-licensed projects.

a. Submittal for Minimum Requirements:

Provide a table listing all qualifying projects and references. The table shall clearly demonstrate how the Proposer meets each of the minimum experience requirements listed above:

• Project Name

• Project Date(s)

• Owner

• Contract Cost

• Client Contact Person (name, phone, email)

• City and State where work was performed

• Identification of which minimum qualification(s) the project satisfies

2. Professional Licensing Requirements

Preparation of work products shall be completed or overseen by an engineer(s) in the appropriate discipline licensed by the Oregon State Board of Examiners for Engineering and Land Surveying. The engineer leading the work shall be a licensed Oregon Professional Engineer with at least 10 years of relevant experience.

a. Submittal for Minimum Requirements:

• Provide the name, Oregon PE license number, professional résumé, and role of the engineer(s) responsible for oversight of the work.

3. Sub-Consultants

If sub-consultants are proposed, sub-consultant shall be held to the same minimum requirements as the Proposer. In addition, Proposer must provide background information for each key sub-consultant, including office location (city/state), a description of at least 2 projects completed jointly with the Proposer in the last 5 years similar to the Scope of Work specified in Section 2, and 2 client references per sub-consultant.

a. Submittal for Minimum Requirements:

• In addition to the table requested in numbered item 1.a, provide a table listing each proposed

RFP 26-091-Q FINAL.docx sub-consultant, office location, summaries of at least 2 jointly completed projects in the last 5 years similar to the Scope of Work specified in Section 2, and 2 references with complete contact information.

4. Past Performance Proposer must not have had a contract terminated for default or breach within the last 5 years. Termination for default is defined as notice to stop performance delivered due to the Proposer’s non-performance or poor performance where either:

• The issue was not litigated due to inaction by the Proposer, or

• The matter was litigated and determined to be a default by the Proposer.

If a Proposer has had a contract terminated for default during this period, the Proposer shall submit full details, including the other party’s name, address, and phone number. EWEB will evaluate the circumstances and may, at its sole discretion, reject the proposal based on past performance.

a. Submittal for Minimum Requirements:

• On the Cover Letter, provide a signed statement confirming no contract terminations for default in the last 5 years. If applicable, provide full details of any such termination that includes the other party’s name, address, and phone number.

4. EVALUATION PROCESS & PROPOSER SELECTION

EWEB intends to use a Qualifications Based Selection (QBS) process appropriate for A&E projects. A Multi-Step Evaluation Process will be used to determine scores and final rankings. The following is a high-level view of the process:

STEP ONE: Minimum Requirements responses will be reviewed for a Pass / No Pass assessment. Proposals that earn a Pass assessment will move forward to Step Two.

STEP TWO: Written proposals are evaluated, and preliminary scores are ascertained. Up to 3 of the most qualified Proposers will be included on the shortlist and interviews / presentations may be utilized. (These are optional to EWEB.) Pricing will NOT be evaluated during this step.

STEP THREE: At the completion of Step Two, EWEB will release scoring and rankings of the qualified Proposers.

Proposers may elect to withdraw from further consideration at this point. Pricing information for all remaining candidates will be reviewed and added to the final scores and a Finalist will be selected for negotiation of a contract.

The total possible number of points are as follows:

Criteria Possible Points

Step One - Minimum Requirements Pass / No Pass only

Step Two - Qualifications Each Sub-total Initial Evaluation

Company Experience 20 Project Approach 35 Key Staff Experience 30 85

Interviews (Optional to EWEB) TBD

Step Three - Pricing 15

TOTAL POSSIBLE POINTS 100

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

RFP 26-091-Q FINAL.docx 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 a Proposer does so, the Purchasing Contact may determine the proposal to be a non-Responsive counteroffer 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

• do not constitute a substantial reservation against a requirement or provision

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

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

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, 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.

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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

STEP ONE

Proposer responses to Minimum Requirements (Section 3) will be reviewed and evaluated on a Pass/No

Pass basis. Those proposals that Pass will move forward for a review of written responses.

STEP TWO

Qualifications

Proposals will be evaluated and shortlisted for up to 3 Proposers or at a natural break in scoring. Proposals will be ranked from highest score to lowest. EWEB reserves the right to conduct interviews to further refine scores or to move forward to Step Three at this point.

Interviews / Presentations - OPTIONAL

In Step Two, the outcome of the written proposal evaluations may result in placement on a shortlist of finalists. EWEB may invite up to three (3) of the highest-ranked firms to interview / present. Each Proposer’s representatives, as identified by EWEB, shall be prepared to attend the interview within five (5) business days of notification by EWEB, and shall be provided with information regarding what to prepare for.

The total points possible for the interview / presentation will be added to each firm’s preliminary scores.

STEP THREE

Pricing Evaluated

Upon completion of the written evaluation and any optional interviews, EWEB will begin Step 3 and will forward a Shortlist Notification to all participating Proposers, stating the evaluation scores and rank for each shortlisted Proposer. At this point in the RFP process, any of the shortlisted Proposers will be permitted to withdraw from the solicitation process and consideration for award.

EWEB will request a pricing proposal for the scope of work related to the project. PROPOSERS SHOULD BE

PREPARED TO EMAIL PRICING PROPOSALS TO THE PURCHASING CONTACT WITHIN 24 HOURS.

4.7 Notice of Intent to Award

After the completion of the evaluation and rankings, the Purchasing Contact will issue a written notice of Intent to Award to all shortlisted Proposer and post on the OregonBuys bid site. The notice will set out the names and ranks of the Proposers and identify the highest ranked Proposer selected for award (“Finalist”).

4.8 Contract Negotiation

EWEB will begin negotiating a Contract with the Finalist and will direct negotiations toward obtaining written agreement on:

a) The statement of work;

b) The Contract price as it is affected by negotiating the Statement of Work; and

c) Any other terms and conditions reasonably related to those expressly authorized for negotiation in

Section 1.4 of this Request for Proposal.

RFP 26-091-Q FINAL.docx

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

4.9 Proposer Selection

The firm with the highest total score as a result of written proposal, pricing scoring, interview/presentation (IF HELD), and negotiated terms will be awarded the Contract

4.10 Ties Among Proposers

Pursuant to Rule 4-0230, If determines after the ranking of potential firms, that two or more of them are equally qualified, EWEB may select a candidate through any process that the utility believes will result in the best value for EWEB taking into account the scope, complexity and nature of the Work. The process shall instill public confidence through ethical and fair dealing, honesty and good faith on the part of EWEB and Proposers and shall protect the integrity of the Public contracting process.

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

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 Non- Responsive; 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 Non-Responsive; or EWEB's evaluation of proposals or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules. The protest process may not be used to protest non-inclusion in the Competitive Range.

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 emailed to the Purchasing Contact received within seven (7) days after issuance of the notice of intent to award the Contract on the bid site. “Protest of RFP (insert #)” shall be entered in the subject header of the email. The Purchasing Contact will email a reply acknowledging receipt of the notice. 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 the protesting party a written response within three (3) business days of receipt of the written protest to the email 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 via email 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 an emailed notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing Supervisor and the General Manager on or before the next regularly scheduled Board Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such material. The Board review will be limited to the evaluation of compliance with EWEB’s policies and procedures, requirements of the RFP and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

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

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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 Company Experience (20 points possible)

• Your firm’s response to the minimum qualifications in Section 3 Minimum Requirements, Item #1, will be considered for scoring of this criteria.

• Indicate whether Proposer is a sole proprietor, partnership, LLC, corporation or other (specify)

• Indicate how many years Proposer has continuously been in business

• For each project submitted in Section 3 Minimum Requirements, Item #1, please discuss the following:

o Summary of the approach used for the project o Discuss any lessons learned o Original start date and original completion time o Actual start date and actual completion time o If the project was late, discuss the reasons o Original contracted cost for the project o Actual cost o If actual exceeded contracted cost, discuss the reasons

5.2 Project Approach (35 points possible)

Demonstrate the Proposer’s understanding of the project described in Section 2 Scope of Work. Clearly define the approach that will be used to complete the work. The response should include:

• The project’s purpose, objectives, and key issues

• Include a representative report outline you would anticipate using for this project. It should include a draft Table of Contents with brief descriptions of the expected content in each section. The outline does not need to be project-specific but should reflect your general approach to similar work.

5.3 Key Staff Experience (30 points possible)

In this section, the Proposer will demonstrate their proposed team qualifications and experience relating to the requested services specific to the Scope of Work. References listed, or other documented references may be used by EWEB during the evaluation of this criterion.

a. Provide an organization chart of the team assembled for this project. Identify the key staff members who will, or likely will, be performing the work and their responsibilities, such as Project Manager, independent consultant, subject matter experts, and supporting staff.

b. Discuss proposed Project Manager's experience with similar projects to this Project.

c. For each team member listed:

• Describe their expertise, what key tasks they will be performing, and how it will contribute to this project

• Identify which tasks will be performed under the responsible charge of licensed professionals and how that oversight will be exercised.

• Estimate the extent of their involvement in percentage of total project hours

• Attach resumes for each key member

5.4 Pricing Proposals (15 points possible) REVIEWED IN STEP 3 ONLY

IMPORTANT NOTE: DO NOT SEND PRICING AT THIS TIME OR INCLUDE LEADING INFORMATION

INDICATING PRICING IN YOUR WRITTEN PROPOSAL, SUCH AS ESTIMATED HOURS FOR TASKS OR HOURLY RATES. Once the shortlist is announced, your firm will formally be invited to submit pricing and will have 24 hours to email pricing to purchasing contact. Failure to submit on-time could lead to deduction of points or proposal rejection.

In order to prepare your pricing proposal for future submission, the following information is provided.

Prepare your pricing proposal as follows:

PREPARE YOUR PRICING PROPOSAL AS FOLLOWS:

1. Provide a schedule of hourly rates for each labor classification performing the services, and for potential additional points, the name of the individual who will perform them for this project. Provide a detailed paragraph of qualifications/requirements for each classification title.

2. Provide detailed estimated hours, staff positions and hourly rates to determine a complete and not to-exceed project fee. Sub-total between required tasks to match the project approach.

3. Provide a breakdown and total not-to-exceed dollar amount for all anticipated expenses to be reimbursed by EWEB during the term of the Contract. Estimate travel expenses using the United States General Services Administration rates found at the link below. Include transportation, lodging, meals etc. (Please note that expenses will be reimbursed at cost and no mark-up shall apply. Sub-consultant mark-up of 4% may be applied to direct labor costs only.)

Travel Resources | GSA

4. Financial Component of Price - Points for the financial cost will be determined according to the following formula:

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

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

Example: If A = 15 Points, L = $50,000; X = $75,000; then: $50,000 / $75,000 x 15 = 10 points

All proposed costs are subject to a price analysis to determine reasonableness. EWEB reserves the right to request justification for any cost element and to negotiate revisions to ensure a fair and equitable process.

https://www.gsa.gov/travel?gsaredirect=travel

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6. PROPOSAL FORM

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