22-049-G Switchgear for IP.pdf

ITB #22-049-G Switchgear for IP Power Plant 4

Rev. 5/19/2020

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

Switchgear for IP Power Plant 4

Bid No.: 22-049-G Closing Date: April 7, 2022 Time: 2:00 PM PT

Description: The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing medium voltage vacuum interrupter switchgear equipment for its power plant at International Paper in Springfield, OR.

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

Pre-bid Conference: NO

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

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

EUGENE WATER & ELECTRIC BOARD

PURCHASING OFFICE

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

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

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above, unless otherwise stated in this ITB document. 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 email or the Addendum process.

FOR MORE INFORMATION please refer to Part 1 “Instructions to Bidders”.

TABLE OF CONTENTS

Section Description Page

Legal Advertisement

1 Instructions to Bidders

2 Insurance Requirements

3 Sustainability

4 Technical Requirements

5 Bid Form

Attachments

A Standard Terms & Conditions for the Purchase of Goods & Services (to be inserted into awarded Contract)

B Bidder Residency Information

C Recycled Products Certification/Sustainability Questionnaire

Exhibits

Sample Contract Specifications

LEGAL ADVERTISEMENT

ITB # 22-049-G

Switchgear for IP Power Plant 4

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing medium voltage vacuum interrupter switchgear equipment for its power plant located at International Paper in Springfield, OR.

Bids shall be submitted to Sandra Hahn, Purchasing Contact, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, OR 97402, before, 2:00 pm, April 7, 2022. Bids will not be accepted after this hour and date.

ITB documents may be obtained from the Purchasing Department at the address above, by calling (541) 685- 7500, or you may download from the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/ (Search for bid # S-P00140-00002345. For navigation help, please call 1-855-800-5046.)

All bids shall be submitted as set forth in Section 1 - Instructions to Bidders. EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

No bid may be withdrawn after the hour set for the opening thereof until the elapse of thirty (30) days from the date and time set for opening.

EWEB reserves the right to waive any or all informalities and irregularities; may cancel the Invitation to Bid;

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

Date: March 7, 2022

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

1. INSTRUCTIONS TO BIDDERS

All bids and contracts are subject to the provisions and requirements of the Oregon Revised Statutes ORS 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 BIDDER TO CHECK THE WEBSITE ON A TIMELY BASIS.

BID PREPARATION

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

1.1 BID FORMAT

Bids shall be typewritten or prepared in ink and shall be submitted on the form provided in the Invitation to Bid. No oral, telegraphic, electronic, telephone or facsimile bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

Bids shall conform to the requirements of the Invitation to Bid. All necessary attachments (recycled products certification, non-collusion certification, descriptive literature, etc.) shall be submitted with the bid and in the required format. Bid prices shall be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection.

1.3 PRODUCT IDENTIFICATION

Bidders shall clearly identify all products bid. Brand name and model or number shall be shown. EWEB reserves the right to reject any bid when the product information submitted with the bid is incomplete.

1.4 RESERVED

1.5 ALTERNATE BRAND

Unless otherwise specified, alternate brands to those listed in the specifications will NOT be accepted for this ITB.

1.6 PROTEST OF SPECIFICATIONS OR CONTRACT TERMS / REQUEST FOR CHANGE

A Bidder 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, BID SPECIFICATION PROTEST, BID # 22-049-G, Attn: Sandra Hahn, Purchasing, March 17, 2022 4200 Roosevelt Blvd.

Eugene, Oregon 97401 or via email to sandra.hahn@eweb.org To be considered, protests shall be received no later than April 5, 2022.

The right to protest bid specifications and/or contract terms is provided in EWEB Rule 3-0700, as a provision for “checks and balances” on the ITB. Protest of specifications technical or contractual requirements shall include the reason for protest, any and all evidence and documented factual information that supports Bidder’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 Bidders. Bidders must exhaust all administrative remedies before seeking judicial review.

1.7 SIGNATURE ON BID

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

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

BID SUBMISSION

1.8 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response, including any Addenda to be acknowledged, and one (1) can-be-modified flash drive copy shall be received and date/time-stamped by the EWEB Purchasing department prior to bid closing. To ensure that your bid receives priority treatment within our mailing system, it should be labeled with the following information:

BID # 22-049-G, APRIL 7, 2022, 2:00 PM PT

Eugene Water & Electric Board, Purchasing Dept.

4200 Roosevelt Blvd.

Eugene, OR 97402

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

Bids received after the bid closing date and time may not be considered and be rejected. EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document.

(B) REQUIRED PAGES

Bidder MUST complete, sign, and return the following pages with their bid response:

• Section 5 - Bid Form

• Attachment B - Bidder Residency Information

• Attachment C - Recycled Products Certification/Sustainability Questionnaire

• Electronic copies of all bid documents, as detailed in Section 1.8(A).

mailto:sandra.hahn@eweb.org

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 bidding documents will be made in the form of Addenda. The Bidder is responsible for ensuring that all Addenda have been downloaded and are acknowledged in their bid response.

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

https://oregonbuys.gov/bso/. As a courtesy, EWEB may send addenda to registered Bidders by e-mail.

1.10 BID MODIFICATION

Modifications or erasures made before bid submission shall be initialed by the person signing the bid.

Bids, once submitted, may be modified in writing before the time and date set for bid 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 bid submissions and any other prior bid modifications. Bid modifications shall be submitted in a sealed envelope clearly marked “Bid Modification,” identifying the bid number and closing date and time. Bidders may not modify bids after bid closing date and time.

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

1.12 BID OPENING: Bids received in response to this Invitation to Bid shall be publicly opened at the scheduled closing date and time at the EWEB Purchasing department located at 4200 Roosevelt Blvd, Eugene, Oregon 97402. Bidders who attend the bid opening shall be informed only of the names of Bidders submitting bids and the total bid price. No other information shall be available at that time. Award decisions will NOT be made at the opening.

1.13 METHOD OF BIDDING

Bidders shall bid in the space(s) provided, all information required on the Bid Form. Failure to do so may result in bid rejection.

The price of each item shall be clearly shown in the space provided. The price of each item shall be extended to show the total when required. In case of errors in extension, the unit price shall prevail.

1.14 EXCEPTIONS

Any exceptions to the requirements of this solicitation MUST be submitted in accordance with Item 1.6

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

1.15 ALTERNATE PROPOSALS

Bidders may submit more than one offer. All offers must comply with the requirements of the ITB except that additional offers may incorporate, by reference, repetitive information which is provided in the complete offer.

1.16 PROPRIETARY DATA/PUBLIC RECORD

This Invitation to Bid, 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 bid 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 bid 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.

BID EVALUATION & AWARD

1.17 METHOD OF AWARD

Award shall be made to the lowest responsive and responsible Bidder for the total of the items selected for award. Award shall be made to one Bidder and one Bidder only. EWEB reserves the right to withdraw any item(s) from award consideration if it is in the best interest of EWEB to do so.

1.18 RECIPROCAL PREFERENCE

In determining the “lowest responsible Bidder,” EWEB adds a percentage increase to each out-of-state

Bidder’s bid price that is equal to the percentage given to local Bidders in that Bidder’s home state. For example, if the “lowest responsible Bidder” is from a state that grants a 10 percent preference to local Bidders, EWEB will add 10 percent to that Bidder’s price when evaluating the bid.

1.19 MINIMUM REQUIREMENTS: Evaluation of bids will be based on minimum requirements established by the

Technical Specifications / Statement of Work, if any, and compliance with the terms and conditions of the Invitation to Bid.

1.20 INVESTIGATION OF REFERENCES

EWEB reserves the right to investigate the references and the past performance of any Bidder with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, subcontractors, and workers. EWEB may postpone the award or execution of the Contract after the announcement of the apparent successful Bidder in order to complete its investigation. EWEB reserves the right to reject any bid response or to reject all bid responses at any time prior to EWEB’s execution of Contract, upon good cause and upon EWEB finding that it is in the public interest.

1.21 PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS

Due to limited resources, EWEB generally will not completely review or analyze any bid response which on its face fails to comply with the requirements of the bid documents or which clearly is not the best bid, nor will EWEB generally investigate the references or qualifications of those who submit such bid responses. Therefore, neither the release of a Bidder’s bid bond, the return of a bid response, nor acknowledgment that the selection is complete shall operate as a representation by EWEB that a response was complete, sufficient, or lawful in any respect.

1.22 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of thirty (30) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.23 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at:

the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # xxxxxx.

EWEB may, as a courtesy, provide the notification of Intent to Award to all participating Bidders.

1.24 PROTEST OF AWARD (EWEB Rule 3-0740) OR RESERVED

A Bidder may protest the award or intent to award a contract if: The Bidder is adversely affected because the Bidder would be eligible to be awarded the Contract in the event that the protest were successful;

and the reason for the protest is that all lower bids are nonresponsive; or EWEB has failed to conduct the evaluation of bids in accordance with the criteria or processes described in the solicitation document; or EWEB has abused its discretion in rejecting the protestor's bid as nonresponsive; or EWEB's evaluation of bids or EWEB's subsequent determination of award is otherwise in violation of EWEB Rules.

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

a) Protests must be received within seven (7) days after issuance of the Notice of Intent to Award the

Contract. EWEB will not consider late protests.

b) All protests must be in writing, signed by the protesting party or an authorized Agent and submitted to the EWEB Purchasing Analyst listed on page 1. The protest must state all facts and arguments on which the protesting party is basing the protest.

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

d) EWEB’s Purchasing Supervisor will review the protest and will fax and mail the protesting party a written response within three (3) business days of receipt of the written protest to the fax number and address provided in the bid or proposal. Any written response may be comprised of a determination of the protest, a notice to the protesting party of the need for additional time in which to evaluate the matter, or other notice to the protesting party.

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

f) EWEB’s General Manager will review any appeal of the Purchasing Manager’s Supervisor’s determination and shall fax and mail, in accordance with the fax number and address provided in the bid, the protesting party a written response within three (3) business days of receipt of written appeal.

g) If the determination of the General Manager is adverse to the protesting party’s interest, the protesting party may only appeal to EWEB’s Board of Commissioners by filing a written notice of appeal to the Board with the General Manager within two (2) business days of issuance of the General Manager’s written determination.

h) The Contract Review Board, in considering the protest, shall review the documentation presented to the Purchasing 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 or ITB and the equal and fair application of EWEB’s contracting rules. The Contract Review Board's determination shall be EWEB's final decision.

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

1.25 BID REJECTION

EWEB reserves the right to reject any and all bids pursuant to EWEB Rule 3-0640.

EWEB will begin negotiating a Contract with the lowest responsive and responsible bidder. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the bid response

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the lowest responsive and responsible bidder 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 lowest responsive and responsible bidder and continue the process until EWEB has determined to award the contract to the bidder with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

1.26 CONTRACT NEGOTIATIONS

EWEB will begin negotiating a Contract with the lowest responsive and responsible bidder. EWEB shall direct negotiations toward obtaining written agreement on:

a) The statement of work

b) The contract price as it is affected by negotiating the statement of work; and

c) Any other terms and conditions as requested in the bid response

At any time during discussions or negotiations EWEB may terminate discussions or negotiations with the lowest responsive and responsible bidder 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 lowest responsive and responsible bidder and continue the process until EWEB has determined to award the contract to the bidder with whom it is currently discussing or negotiating. EWEB reserves the right to discontinue negotiations and cancel the solicitation if it deems it is in its best interest.

1.27 COMMENCEMENT OF WORK

Contractor shall commence no work under the contract, if awarded, until all certificates of insurance, as required in Section 2 - Insurance Requirements, have been provided and a Notice to Proceed or a purchase order has been issued by EWEB.

1.28 SCHEDULE OF EVENTS

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

Bid is posted March 7, 2022

Last day for EWEB to receive questions from Bidders March 28, 2022

Last day EWEB will post addenda April 4, 2022

Closing Date (last day to submit proposals to EWEB) April 7, 2022

Intent to Award Announcement April 13, 2022

Board Approval May 3, 2022

Contract Award May 5, 2022

ANTICIPATED PROJECT SCHEDULE:

Final delivery and commissioning February 1, 2023

2. INSURANCE REQUIREMENTS

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

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

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

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

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

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

its' divisions, officers, and employees.

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

656.126. [2003 c.794 §76c] In addition, Contractor will obtain, at Contractor's expense, and keep in effect during the term of this Contract, Employers Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and a $1,000,000 policy limit for bodily injury by disease.

its' divisions, officers, and employees

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

2.6 Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without 30 days' written notice from Contractor or its insurer(s) to EWEB.

Failure to Maintain Insurance - If at any time either Party fails to maintain insurance complying with the requirements reflected herein, in full force and effect, (i) the Party failing to maintain such insurance shall be responsible for any resulting losses or costs sustained by the other Party and shall hold the other Party harmless from actions brought against such Party as the result of the absence of the Party’s required insurance, and (ii) the other Party shall not be required but may elect to do any of the following: (A) immediately suspend all or a portion of the Work and be entitled to an equitable adjustment in the price, schedule and other terms of the Contract for the impact of the suspension (B) pay premiums or purchase alternate insurance at the other Party’s expense; or

(C) pursue such other remedies as may be allowed by law.

Failure to Comply - Any failure to comply with the reporting provisions of this clause shall constitute a material breach of Contract and shall be grounds for immediate termination of this Contract by EWEB.

2.7 Waiver of Insurance Requirements

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

3. SUSTAINABILITY

EWEB is interested in products and services that have a reduced impact on human health and the environment, make the most efficient use of natural resources, and that more fully support communities and economies when compared to competing products and services serving the same purpose. For more information regarding sustainability in procurement and related EWEB policy and plans, please contact EWEB’s Purchasing Office at 541-685-7500. The awarded offeror will be expected to support EWEB’s goals by implementing the following strategies where applicable.

3.1 WASTE REDUCTION

Pursuant to EWEB’s Zero Waste efforts, EWEB aims to prevent waste where possible. In order to increase efficient use of resources, the awarded offeror shall adhere to the following items as applicable.

3.1.1 Packaging for goods that is unnecessary beyond packaging compliance or practical safe shipping methods shall be reduced. Offeror to ship goods using one or more of the following methods:

a. Ship products in reusable, refillable, or returnable containers. For example, reusable trays or totes, which can be stored and returned;

b. Minimal packaging material used inside containers. This includes eliminating or reducing the amount of non-recyclable bubble wrap, foam pellets or other like material;

c. Eliminate non-essential parts of packaging, such as individual wrapping of components;

d. Use packaging made with recycled content, biodegradable, and/or non-toxic materials.

e. No point of purchase material or promotional literature.

3.1.2 The awarded offeror is to duplex all paper materials that are prepared for EWEB under the

Contract, whether such materials are printed or copied, except when impracticable to do so due to the nature of the product being produced.

3.2 FUEL REDUCTION

3.2.1 EWEB expects suppliers to review the manufacturing process for increased efficiency overtime.

Shipping should be routed efficiently with efforts made to ship in the shortest and most efficient route. EWEB prefers to receive shipments in full rather than receiving multiple shipments.

3.2.2 In the interest of reducing air and noise pollution, greenhouse gas emissions and promoting energy conservation, all gasoline and diesel powered vehicles and equipment shall be idled only as necessary to perform the required duties, including delivery, and for the essential function(s) of the equipment. A driver of a vehicle must turn off the engine upon stopping at the destination, and must not cause or allow an engine to idle at any location for more than 20 seconds. This idling policy applies except in the following situations:

a. The health and safety of employees, subcontractors or public is compromised by turning off the vehicle.

b. The engine is required to power auxiliary equipment (e.g. hoist, lift platforms, hydraulic tools, inverters, compactors, medical equipment, specialized public safety radio communication and computer systems, etc.)

c. Vehicle/equipment manufacturer requires additional idle time for warm up or cool down for efficient and proper mechanical or functional operation of the unit.

3.3 ENVIRONMENTALLY PREFERRED PRODUCTS

To promote and encourage environmentally sustainable practices for companies doing business with EWEB, EWEB requests vendors under EWEB contract use environmentally preferable products in production of EWEB work products.

3.3.1 The awarded offeror should use environmentally preferable materials that meet performance requirements wherever practical in the fulfillment of this agreement. Environmentally preferable products and services have characteristics that include but are not limited to the following:

• Energy efficient

• Non-toxic, non-bio accumulative

• Reusable or upgradeable

• Recyclable

• Contain post-consumer recycled materials

• Produce fewer polluting by-products and/or safety hazards during manufacture, use or disposal, and/or

• Are certified by an independent accredited third party program such as Eco Logo or ENERGY

STAR.

3.3.2 EWEB desires the use of post-consumer recycled content, chlorine-free paper to encourage environmentally preferable practices for EWEB business wherever practical in the fulfillment of the Scope of Work.

3.4 SOCIAL EQUITY

3.4.1 EWEB supports the use of Minority, Women, Emerging Small Businesses (M/W/ESB), local businesses, Disadvantaged Business Enterprises and Qualified Rehabilitation Facilities (QRF) at both a prime and subcontracting and/or supply chain level. 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: http://www4.cbs.state.or.us/ex/dir/omwesb/

b. Visit the Oregon State Qualified Rehabilitation Facilities Program website at http://dasapp.oregon.gov/qrf/index.aspx to search for Qualified Rehabilitation Facilities from whom to procure products or services.

3.4.2 EWEB supports the use of safe products to protect the lives of the Contractor, subcontractors, and EWEB employees. Suppliers of products must meet local fire, EPA, and OSHA requirements.

http://www4.cbs.state.or.us/ex/dir/omwesb/ http://dasapp.oregon.gov/qrf/index.aspx

4. TECHNICAL SPECIFICATIONS

4.1 LENGTH OF CONTRACT

The contract for this project (“Contract”) will start from the date of award, approximately April of 2022, and be due for delivery no later than February 1, 2023.

4.2 TECHNICAL SPECIFICATIONS

Provided in Exhibit #2 – Specifications.

5. BID FORM

THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR BID RESPONSE:

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

Section 5 - Bid Form

Attachment B - Bidder Residency Information

Attachment C – Recycled Products Certification/Sustainability Questionnaire

Electronic copy – Flash drive (Combine all documents in one pdf file)

A. Minimum Qualifications Required

1. Contractor must have been in business producing switchgear valued at a minimum of $100,000 each, continuously for at least 5 years.

2. Contractor should not have had a contract terminated for default or breach in the last 5 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 bid on the grounds of proposer’s past performance.

3. Contractor must provide client references for past equipment supply contracts within the last 5 years, similar in nature to the requirements specified and required for this bid, that will indicate quality performance, especially based on quality of deliverables and follow-through.

4. Contractor must also provide subcontractor client references for key subcontractors.

5. Contractor’s equipment must conform to available space constraints, as defined in the installation layout and section drawings.

Submittal of Contractor Qualifications

Please provide the following information in a separate file, labeled “Minimum Qualifications”.

1. Company Information

a. Indicate whether Bidder is a sole proprietor, partnership, LLC, corporation or other (specify).

b. Indicate how many years Bidder has been in continuously been in business.

c. Indicate the number of years Bidder has had experience manufacturing medium voltage switchgear comparable to that required by the Contract documents and valued at a minimum of $100,000 each.

d. Indicate any other product/service provided by Bidder besides switchgear equipment.

2. Indicate whether Contractor has had a contract terminated for default or breach (as described in item A.2 above) in the last 5 years.

3. Related Project Experience

Bidder shall provide references for 3 clients ordering switchgear in the past 5 years similar in nature to the requirements specified and required for this bid, for switchgear worth at least $100,000 each. For each client reference, the following information shall be provided:

a. Name of client

b. Description of switchgear furnished

c. Order due date & actual completion date

d. Original contracted cost and actual cost at time of Final Completion

e. Client contact person who is able to attest for Bidder’s performance, including email address, telephone number, and city/state located in. (This person should be notified by Contractor that EWEB may contact him/her for purposes of checking references.)

4. Sub-Contractors

Provide names of any key subcontractors providing parts for the equipment bid in this ITB, city/state of office location, and describe at least 3 projects that subcontractor worked on with Bidder in the last 7 years.

For each project, describe whether subcontractor submitted work on-time or if time had to be extended, by how long, and for what reason.

5. Discuss how Contractor’s equipment will conform to available space constraints, as defined in the installation layout and section drawings.

B. BID PRICE

The Undersigned hereby offers to furnish all travel, labor, equipment and materials as necessary to perform the services described herein in strict accordance with the Bid documents, and for the following amount(s).

Prices include all costs related to shipping/handling, travel, and expenses:

ITEM

DESCRIPTION

EST.

QTY.

UNIT

PRICE

1. Switchgear & Equipment 1 Each $______________

2. Commissioning/Travel $______________

TOTAL BID $______________

DELIVERY: No later than February 1, 2023)

SHIPPING TERMS: FOB DESTINATION

WARRANTY: _________ (Must be a minimum of 24 months/year(s)

MAKE/MODEL/PART NUMBER: _________________

C. PROPOSED TRANSPORT

Bidder shall indicate below the method that will be used to deliver goods:

_______ COMMERCIAL/COMMON CARRIER _______ COMPANY OWNED/RENTED/LEASED VEHICLE

If Bidder is using anything other than commercial/common carriers to deliver goods, an insurance certificate for Automobile Liability as listed in Section 2 must be provided prior to the issuance of a Notice to Proceed.

D. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS:

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

Circle each ITB Addendum received: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Check if not applicable or no Addenda were received: ____

E. MWESB STATUS

EWEB encourages contracting with minority owned, woman owned, and emerging small businesses

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

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

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

F. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR STATUS

The undersigned acknowledges that:

1. Contractor certifies its status as an independent contractor in satisfaction of Oregon law, including ORS

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

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

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

G. ASSURANCES:

The undersigned attests that they:

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

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

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

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

• Have not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged minority, women or emerging small business enterprise certified under ORS 200.055.

• Represent and warrant to EWEB that they have the power and authority to enter into and perform work under an awarded Contract. When executed by EWEB and Contractor the Contract shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

• Arrived at the specifics of the bid, including price and amounts, independently and without communication or agreement with another Bidder, except as disclosed in a separately attached statement.

• Are not submitting the bid in the interest of or on behalf of any undisclosed person;

• Have not directly or indirectly induced or solicited another Bidder, in order to benefit a third person, to submit a false or sham bid, to refrain from bidding or to change a bid.

• Have not directly or indirectly disclosed the Bidder's bid price, a breakdown of the price, the contents of the price or information or data related to the price to another Bidder.

• Have not sought through communication or agreement with a person to fix the bid price of the

Bidder or another Bidder, to fix an overhead, profit or cost element of the bid price of the Bidder or another Bidder or to secure any advantage against the contracting agency or any other person interested in the public Contract.

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

H. SOLICITATION SIGNATURE

Contractor by signing this Bid Form represents and warrants that Contractor’s performance under an awarded contract will create no potential or actual conflict of interest, including but not limited to conflicts of interest as defined in ORS 244.020. Contractor further warrants that no state or federal law or EWEB rule will prevent Contractor's lawful performance of an awarded contract. If Contractor is currently performing work for EWEB or another governmental entity, Contractor’s participation in other public contracts will not create a potential or actual conflict of interest in performance of a Contract resulting from this ITB, if awarded.

BIDDER INFORMATION:

Bidder Company Name

Company Address (from which product will be shipped or work will be performed)

Telephone Number Fax Number Federal Tax ID Number

Person Signing ITB________________________________________ Title_____________________________ Please print or type name

Signature _________________________________________________________________________________

Email Address _____________________________________________________________________________

Bidder’s ITB Representative (if different than above)

Name________________________________________ Title___________________________________ Please print or type name

Signature _________________________________________________________________________________

Phone __________________________ Email _________________________________________________

Exhibit #1 – Sample Contract

PURCHASE ORDER No. _________

Contract for Goods

Switchgear for IP Facility

Contract No. 22-049-G

By and between

Eugene Water & Electric Board and

Contractor

Contract #22-049-G Switchgear for IP Facility

Rev. 4/16/20

This Contract is entered into by and between the Eugene Water & Electric Board, hereinafter called EWEB, and ________________________________, hereafter called Contractor.

WHEREAS, EWEB has negotiated the following agreement (“Agreement” or “Contract”) in Eugene, Oregon, and Contractor has agreed to deliver its goods in Eugene, Oregon;

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

1. Effective Date and Duration.

a. This Contract shall become effective on the date this Contract has been signed by every party hereto and, when executed by EWEB's Purchasing Supervisor. Unless terminated or extended, this Contract shall expire on ___________________, 202__. Expiration shall not extinguish or prejudice EWEB’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in goods that has not been cured.

b. Contract Extension. This Agreement may be renewed for additional period(s), in accordance with EWEB

Rule 3-0850, Contract Amendments, subject to agreement by the Parties prior to the expiration of the current term. The maximum term for this Agreement shall not exceed five (5) years.

2. Required Goods, Pricing, and Delivery Schedule.

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $_______________.

b. The required goods as defined in the Scope of Work of the solicitation, pricing detail, and delivery schedule are contained in attachment E - Statement of Work [ITB/RFP Scope of Work and Pricing Form/Bid Form will be included in attachment E – ensure that the form defines delivery schedule] attached and incorporated by reference into this Contract.

3. Specifications.

Contractor shall deliver all Goods specified in Section 2 above in accordance with this Section 3. Contractor’s failure to deliver Goods and Services in accordance with the provisions of this Contract is a material breach of this Contract.

a. General provisions.

i. Standard Components. Unless specified otherwise in this Section 3 Specifications, Contractor shall provide Goods with all components and accessories that the manufacturer lists as “standard” for Goods.

ii. Necessary Components. Unless specified otherwise in this Section 3 Specifications, Contractor shall include all components, hardware and parts necessary for complete and proper assembly, installation and operation of Goods.

iii. New and Unused Goods. Unless specified otherwise in this Section 3 Specifications, Contractor shall deliver Goods that are new, unused and produced from current production inventory. Contractor shall provide Goods manufactured from only those components that the manufacturer offers in the manufacturer’s current parts catalogue for Goods.

b. Detailed Specifications.

All goods furnished under the resulting Contract shall comply with the applicable attached material specification contained in attachment E.

4. Reserved.

5. Addition/Deletion and Product Substitution of Goods.

Contractor will make available to EWEB products that have been added to the product line by the manufacturer or products in the same product line not specifically listed on this Contract. These products will be available at pricing and discount consistent with current items available under the Contract.

EWEB reserves the right to remove any product that has demonstrated to be unsatisfactory under the Contract and purchase replacement product from alternative sources. Upon EWEB’s determination that a product under the Contract is unsatisfactory, EWEB will notify Contractor upon discovery and remove the product from the Contract.

Any substitution(s) for originally contracted item(s) must have the approval of EWEB prior to any substitution. If approved by EWEB, the substituted item(s) must be offered to EWEB at no increase in cost and the quality cannot be less than the originally contracted item. Contractor shall be responsible for securing all approvals and will also be responsible for all charges such as freight, storage, labor, etc., which accrue to any shipments of unauthorized substituted material. EWEB will not be responsible to pay for shipments of unauthorized product.

6. Deficiencies.

If EWEB determines that any Goods are not acceptable and that any deficiencies are the responsibility of the Contractor, EWEB shall prepare a detailed written description of any deficiencies and an associated time frame for correction and deliver such notice to Contractor. Contractor shall correct any deficiencies at no cost to EWEB. If the identified deficiencies have not been corrected within the specified timeline, EWEB may: (i) terminate this Contract without payment or any further obligation or liability of any kind; or (ii) require Contractor to continue to correct the deficiencies, reserving this same right to terminate at any time

7. Review & Approval.

a. Goods provided by Contractor shall be reviewed by the EWEB Contract Administrator for compliance with the Specifications.