23-064-G Rock Materials ITB FINAL~1.pdf

ITB #23-064-G Rock Materials Rev 12/22

Rev. 9-6-22

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

AS-NEEDED ROCK MATERIALS

Bid No.: 23-064-G Closing Date: May 3, 2023 Time: 2:30 PM, PT

Description: EWEB requests bids from Contractors who can supply as-needed rock materials for a five-year contract term. EWEB reserves the right to award more than one contract.

Purchasing Contact: Sandra Hahn (541) 685-7163 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

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

SINGLE POINT OF CONTACT: There will be only one point of contact for the entire Invitation to Bid process. The contact point is the EWEB Purchasing Office, and the contact person is the Purchasing Contact listed above. 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

Legal Advertisement

1 Instructions to Bidders

2 Sustainability

3 Minimum Qualifications

Technical Specifications

Bid Form

Attachments

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

C Recycled Products Certification/Sustainability Questionnaire

Exhibits

Sample Contract

LEGAL ADVERTISEMENT

ITB #23-064-G

As-Needed Rock Materials

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing rock materials over a period of 5 years. EWEB reserves the right to award more than one contract.

Bids shall be submitted to Sandra Hahn, Purchasing Contact, 4200 Roosevelt Blvd., Eugene, OR 97402, before, 2:30 pm May 3, 2023. 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 OregonBuys bid # S-P00140-00006504. 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 (EWEB Rule 3-0470) and may cancel the Invitation to Bid or reject any or all bids pursuant to EWEB Rule 3-0640.

Date: April 14, 2023

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

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

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 faxed 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 RESERVED

1.6 PROTEST OF SPECIFICATIONS /REQUIREMENTS

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 # 23-064-G, MAY 3, 2023; 2:30 PM

Attn: Sandra Hahn, Purchasing Dept.

4200 Roosevelt Blvd.

Eugene, Oregon 97401 or via email to sandra.hahn@eweb.org.

If by email, insert the following in the subject header: BID SPECIFICATION PROTEST, BID #23-064-G mailto:xxx.xxxx@eweb.org

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

(per EW-3-0700(2)).

Protest of specifications shall include the reason for protest, any and all evidence and documented factual information that supports 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 PROPOSER'S PROPOSED TERMS AND CONDITIONS Rule 3-0230(7)(b)

Bidders may include in the Cover Letter of their response, proposed revisions to the contractual terms and conditions in the Sample Contract (Exhibit 1). (Bidders may show proposed changes by providing proposed revisions in cover letter.) Bidders 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.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Bidder, 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 BID 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.

1.8 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.

1.9 CANCELLATION, REJECTION, DELAY OF SOLICITATION

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

1.10 RESERVED

BID SUBMISSION

1.11 BID SUBMISSION

(A) Sealed bids, containing a minimum of one (1) original signed bid response, including a Cover Letter introducing your company, any Addenda to be acknowledged, and one (1) pdf flash drive copy of combined documents 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 #23-064-G, MAY 3, 2023; 2:30 PM

Eugene Water & Electric Board, Purchasing Dept.

4200 Roosevelt Blvd.

Eugene, OR 97402

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

Bids received after the bid closing date and time will not be considered and will 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 BID PACKAGE

Complete, sign, and return the following documents as bid response. Failing to include these documents could lead to rejection of bid.

• Cover Letter

• Bid Form (Section 5)

• Attachment C – Recycled Products/Sustainability Questionnaire

• Electronic copy / Flash drive

(C) RESPONSIVENESS / RESPONSIBILITY

A “Responsive” bid is a bid that substantially complies with the Invitation to Bid instructions and requirements.

A “Responsible” Bidder can demonstrate ability to meet the requirements of the Scope of Work, has the appropriate experience, is legally qualified to do the Work, has the required certifications required, has a satisfactory record of integrity and can meet the other requirements described in

ORS 279B.110(2).

1.12 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.

1.13 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.

1.14 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.

1.15 EXCEPTIONS

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

PROTEST OF SPECIFICATIONS / REQUIREMENTS. 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.

1.16 ALTERNATE BIDS

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.

1.17 BID OPENING/REQUEST FOR CLARIFICATIONS: 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.

After bid opening, EWEB may conduct discussions with apparent responsive Bidders for the purpose of clarification to assure full understanding of the bid. All bids needing clarification, in EWEB’s sole discretion, shall be accorded such an opportunity. EWEB shall document clarification of any Bidder’s bid.

EWEB reserves the right to waive any or all informalities and irregularities per EWEB Rule 3-0470.

1.18 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.

1.19 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

1.20 METHOD OF AWARD

EWEB reserves the right to award more than one contract and to award by item, groups of items, or entire bid, whichever is in the best interest of EWEB.

1.21 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.

1.22 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.

1.23 INVESTIGATION OF REFERENCES

EWEB reserves the right to request and 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.

1.24 PRIOR ACCEPTANCE OF DEFECTIVE BIDS

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.

1.25 TIME FOR ACCEPTANCE

Bids shall be valid and binding offers for a period of 60 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.

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

1.27 PROTEST OF AWARD (EWEB Rule 3-0740)

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

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

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

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

f) EWEB’s General Manager will review any appeal of the Purchasing Supervisor’s determination and shall email or mail, in accordance with the email address/postal 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.

1.28 RESERVED

1.29 COMMENCEMENT OF WORK

Contractor shall commence no work under the Contract, if awarded, until all certificates of insurance, as required in the Sample Contract (Exhibit #1), have been provided and a Notice to Proceed or a purchase order has been issued by EWEB.

1.30 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.

Last day for EWEB to receive questions from Bidders 4-25-23

Last day EWEB will post Addenda 4-27-23

Closing Date (last day to submit bids to EWEB) Wed, May 3, 2023

Responses Reviewed 5-8-23

Intent to Award Announcement 5-8-23

Board Approval 6-6-23

Contract Award 6-8-23

2. 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.

2.1 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.

2.1.1 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.

2.1.2 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.

2.2 FUEL REDUCTION

2.2.1 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.

2.2.2 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.

2.3 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.

2.3.1 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.

2.3.2 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.

2.4 SOCIAL EQUITY

2.4.1 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.

2.4.2 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

3. MINIMUM QUALIFICATIONS

The awarded Contractor must have the ability to meet the requirements and definitions of Responsibility, per section 1.11.C, including meeting all requirements of ORS 279B.110(2)), and to comply with the terms and conditions of the Invitation to Bid and resulting Contract (refer to Exhibit #1 Sample Contract.) EWEB reserves the right to request and investigate Contractor’s ability to meet all such requirements, including references, as described in section 1.23 above.

EWEB further reserves the right to reject Contractor’s bid if such qualifications, references, and/or capabilities fail to assure EWEB of Contractor’s ability to perform the work per the Contract specifications and terms.

4. TECHNICAL SPECIFICATIONS

4.1 BACKGROUND / OBJECTIVES

The Eugene Water and Electric Board (EWEB) desires to enter into a contract or contracts for the purchase of rock materials on an as-needed basis. Such rock materials generally include crushed rock, bar run, machine selected rip rap, pipe mix, ¾” open, buckshot, pea rock, loam, fill sand, and drain rock.

EWEB will generally retrieve rock materials at Contractor’s site(s), but at times may request delivery.

EWEB may require aggregate that is not specifically named in this contract but is similar to other products identified in this contract. Supplier agrees to provide such product at the same discount rates. EWEB further retains the right to purchase other aggregate from other suppliers at its sole discretion.

4.2 LENGTH OF CONTRACT

The contract for this project (“Contract”) will last approximately 5 years from the date of Contract execution.

4.3 RESERVED

4.4 SILENCE OF SPECIFICATIONS

If any omitted specification results in ambiguity as to material characteristics of the goods, and the inclusion of that specification is necessary to enable a reasonable person to properly identify such characteristics, the Bidder shall use the Protest of Specifications procedure found in Section 1.6 to request the needed specification or clarification. Contract acceptance of any apparent silent specifications or supplemental specification’s detail, or the apparent omission of a detailed description concerning any point, is agreed by the parties to mean the best commercial practice and/or the highest quality materials and workmanship for the price bid.

4.5 ESTIMATES NOT BINDING

EWEB estimates total annual purchase of rock materials to be approximately $150,000 over 5 years.

This estimate is for bidding purposes only. EWEB makes no guarantee of the actual number of goods that will be purchased (that number may be more or less than those indicated). The Bidder shall not rely upon this estimate as a guarantee of the purchases from the resulting Contract.

4.6 ORDERING

Items will be ordered on an as-needed basis.

4.7 WHEN GOODS ARE DELIVERED TO EWEB

Goods shall be delivered no later than 10 days after issuance of emailed purchase order, unless otherwise negotiated and agreed to by EWEB. Contractor shall deliver goods to:

EWEB Warehouse – 4200 Roosevelt Boulevard, Eugene, Oregon, 97402 3000 N. Delta Highway, Eugene, Oregon, 97408

4.8 TECHNICAL SPECIFICATIONS

All goods furnished under the resulting Contract shall comply with the applicable material specifications shown below. Contractor is responsible for providing all goods in accordance with the specifications. Any desired deviations from the specifications provided in this Contract must be requested by Contractor in writing and agreed to by EWEB in the form of an Amendment to this Contract. Any errors, confusion, or alterations in Contractor’s drawings that differ from the material specifications of this Contract shall NOT be considered accepted by EWEB (even if EWEB signs-off on a drawing) unless an Amendment acknowledging and accepting the change has been executed by EWEB.

4.9 RETURNS AND CORRECTIONS

Contractor is responsible for any and all costs associated with correcting goods that are not in compliance with the requirements of this Contract, including all freight charges incurred for the return and re-shipment of deficient goods.

4.10 EWEB RESPONSIBILITIES

4.10.1 EWEB will provide all trucks and drivers necessary to haul aggregate purchased from

Contractor, except for orders requested by EWEB for delivery to EWEB’s yard per paragraph 4.2.4.

4.10.2 EWEB will provide Contractor with updated job numbers as they are assigned to projects.

4.11 CONTRACTOR RESPONSIBILITIES

Contractor shall provide all aggregate required by EWEB in accordance with the specifications contained herein.

4.11.1 Contractor shall provide and maintain, in satisfactory condition, spoils pits to dump utility construction debris including access and egress to said pits so that EWEB trucks do not get stuck. Typical utility construction debris includes soil, rock, concrete, rebar, asphalt, vacuum equipment slurry, metallic and non-metallic utility pipe, and other debris from utility construction sites. Dumping of debris will be completed in total with no separation required by EWEB employees. It is estimated that 20% of loads will need separating.

4.11.2 Contractor shall have the ability to record the "light weight" of each EWEB vehicle being used to pick-up aggregate in their computer system, and shall not require EWEB to "re-weigh" vehicles more than once a month.

4.11.3 Contractor shall provide a means to wash mud, soil, rock, and other debris collected on EWEB vehicles as a result of entering the Contractor’s site. Said wash station shall be accessible by EWEB employees at all times when entering Contractors site and shall be located at a point prior to entering a public road or right of way. A separate wash system must be available for EWEB to clean equipment such as, dump beds, vacuum trucks and trailers.

4.11.4 Contractor shall deliver aggregate material to EWEB’s yards, 4200 Roosevelt Boulevard, Eugene, Oregon or to the specific job site location, as requested by EWEB.

4.12 AGGREGATE SPECIFICATIONS

The aggregate will conform in all respects to the “Standard Specifications for Highway Construction” of the Oregon State Highway Department, 2018 edition, and these Specifications as applicable.

4.12.1 3/4” through 2-1/2” Base Aggregate The 3/4” through 2-1/2” base aggregate manufactured under this contract shall conform to

Section 02630 “Base Aggregate”, of the above-mentioned “Standard Specifications for Highway Constructions.”

4.12.2 3” Surface Course Aggregate

Furnish hard, durable particles or fragments of crushed stone, crushed slag, or crushed gravel conforming the following or meets or exceed the Standard Specifications for Highway Constructions, Oregon State Highway Department, 2018 edition.

4.12.2.1 Does not contain asbestos fibers.

4.12.2.2 Free from organic matter and lumps or balls of clay.

4.12.2.3 Grading: Dense-graded base aggregate shall be crushed rock, including sand. Uniformly grade the aggregates from coarse to fine.

4.13 MATERIAL TESTING

No separate or additional payment will be made for sampling, testing, certification, or other associated Work performed under this contract, whether performed by the Contractor, manufacturer, producer or supplier. No payment will be made for providing quality control personnel.

4.14 SUBMITTALS

Contractor to submit test results, as specified in Section 5.5 AGGREGATE SPECIFICATIONS, prior to start of Work. The Contractor is responsible for the accuracy and completeness of the information contained in each submittal. The Contractor shall verify that all features of all products conform to the specified requirements.

4.15 LOAD LIMIT

Contractor shall not overload EWEB trucks. Total weight when loaded shall be within 2000 pounds of their maximum weight. Occurrences of either under loading or overloading shall not exceed 3%.

4.16 NON-CONFORMANCE

Upon identification of non-conformance to the requirements of this contract, EWEB will notify Contractor via letter, describing the non-conformance and stating the timeframe for Contractor to cure non-conformance. If Contractor fails to cure the non-performance within the timeframe specified EWEB may, at its option, allow the Contractor additional time to cure by stating the revised timeframe via letter sent to the Contractor or, EWEB may immediately terminate the contract pursuant to its termination rights as set forth in Attachment A, Article A.20

4.17 INVOICING AND PAYMENT

Contractor shall submit invoices to EWEB weekly for all aggregate purchased during that week.

Requirements for submitting invoices are as follows:

4.17.1 Invoice Submission Requirements

• Submitted weekly

• Sorted and totaled by Work Order Number

• Sorted and totaled by Water or Electric Departments

4.17.2 Information on Invoice

• Ticket Number

• Date of pick-up

• Product

• Quantity

• Unit Price

• Extended Price

• EWEB Truck number (found on the side of the hood)

• Total weight (tonnage) of filled truck

• Work Order number or name (to be given by EWEB driver upon pick-up)

5. BID FORM

RETURN THE FOLLOWING WITH YOUR BID RESPONSE, PER SECTION 1.11(B):

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

COVER LETTER

BID FORM – Section 5

Attachment C – RECYCLED PRODUCTS/SUSTAINABILITY QUESTIONNAIRE

FLASH DRIVE COPY - Combine all documents in one pdf file)

A. BID PRICE

Bidders may bid on any of the items in the pricing table below and is not required to bid on all items.

The Undersigned hereby offers to furnish all 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 UNIT OF

PURCHASE

UNIT PRICE

(Loaded at Bidder’s Location)

1 5”-3” Crushed (Logger Special) Ton $

2 3”-0” Crushed Rock Ton $

3 3/4”-0” Crushed Rock Ton $

4 1/4”-0” Crushed Rock Ton $

5 Bar Run Ton $

6 Machine Selected Rip Rap Ton $

7 1/4” Blend (Pipe Mix) Ton $

8 ¾” Open Ton $

9 Buckshot Ton $

10 Pea Rock Ton $

11 Loam Ton $

12 Fill Sand Ton $

13 ¾” Round (drain rock) Ton $

TOTAL = $

ADDITIONAL MATERIALS

The following information is requested from bidder. This information will NOT be used in evaluating the bid.

ITEM DESCRIPTION UNIT OF

PURCHASE UNIT PRICE

1 3/4" - 0” DELIVERED to *EWEB Per 12-yard truck $

2 10-12 Yard Truck Std. Hourly Rate $

3 10-12 Yard Truck w/Pup Trailer Std. Hourly Rate $

4 10-12 Yard Truck w/ Transfer Std. Hourly Rate $

5 Labor Premium Hourly Rate

If Bidder would like to offer additional rock materials not mentioned above, please include in this table and be sure to include pricing (per ton).

B. 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 8 of Exhibit #1- Sample Contract must be provided after Intent to Award and prior to the issuance of a Notice to Proceed.

C. 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: ____

D. 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 _____

E. 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.

F. BIDDER RESIDENCY

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

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

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

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

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

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

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

c. If a Non-Resident Bidder, enter state of residency:

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

CHECK ONE: ( ) YES ( ) NO

If YES, state the preference percentage: _________________%

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

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

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 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 _________________________________________________

Rev. 3-27-23 1

ATTACHMENT A

STANDARD TERMS & CONDITIONS FOR THE PURCHASE OF GOODS

A.1 DEFINITIONS:

“Contract” or “Contracts” means the Written agreement(s), resulting from the Solicitation Document that sets forth the rights and obligations of the parties.

“Contractor” means the Person with whom EWEB enters into a Contract.

“Goods” includes products that have associated or incidental service components, such as supplier warranty obligations or maintenance service programs. (See ORS 279B.115(1))

"Person" means a natural person capable of being legally bound, a sole proprietorship, a corporation, a partnership, a limited liability company or partnership, a limited partnership, a for-profit or nonprofit unincorporated association, a business trust, two or more persons having a joint or common economic interest, any other person with legal capacity to contract or a public body.

“Rule” means a Rule within the EWEB Public Contracting Rules.

“Working hours” means EWEB’s regular business hours, which currently are Monday through Friday, 9 a.m. to 5 p.m., excluding EWEB recognized holidays.

All other terms not expressly identified above shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

A.2 HEADINGS:

The section headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract and are not relevant to the interpretation of any provision of this Contract.

If these Terms and Conditions are attached to a Request for Proposals (RFP) solicitation, then "ITB", whenever stated herein, shall mean "RFP".

A.3 STANDARD AND SPECIAL TERMS AND CONDITIONS;

ORDER OF PRECEDENCE:

These printed Terms and Conditions are the Standard Terms and Conditions for EWEB contracts for the purchase of goods.

EWEB may also provide "Special Terms and Conditions" elsewhere in the Contract which apply only to this Contract.

Whenever possible, all terms and conditions are to be harmonized. In the event of a conflict between the standard and "special terms and conditions", the "special terms and conditions" take precedence, unless the standard term(s) in question is/are required by law. In the event of any other conflict, 1) the special terms and conditions, 2) these Standard Terms and Conditions, 3) the Invitation to Bid or Request for

Proposal, and 4) the bid or response thereto shall be interpreted in the foregoing order of precedence. By signing this Contract, Contractor agrees that, in the event of a conflict, all the terms and conditions of this Contract supersedes all preprinted terms and conditions on any forms used by the Contractor.

A.4 DELIVERY:

All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the Contract. Responsibility and liability for loss or damage shall remain with Contractor until final inspection and acceptance.

A.5 WARRANTIES:

Unless otherwise stated, all goods shall be free and clear of any liens or encumbrances and shall be new (and, if applicable, the current model) and shall carry full manufacturer warranties.

Contractor warrants all goods delivered to be free from defects in labor, material and manufacture and to be in compliance with the specifications set out in this Contract. All implied and express warranty provisions of the UCC, as adopted in Oregon, are hereby incorporated by reference. Further, Contractor represents and warrants to EWEB that Contractor has the power and authority to enter into and perform this Contract and that this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms.

A.6 UCC:

Except as otherwise provided herein, the Uniform Commercial Code (UCC), as adopted in Oregon shall apply to this Contract.

A.7 INSPECTIONS:

Goods furnished under this Contract shall be subject to inspection and test by EWEB at delivery point unless otherwise stated in the Contract. If EWEB finds goods furnished to be incomplete or not in compliance with the Contract, EWEB, at its sole discretion, may either reject the goods, require Contractor to correct any defects without charge, or negotiate with Contractor to sell the goods to EWEB at a reduced price, whichever EWEB deems equitable under the circumstances. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by EWEB, EWEB may reject the goods and cancel the Contract in whole or in part.