ITB 21-225-G Sale of Surplus Goods.pdf

ITB 21‐225‐G Disposal or EWEB Surplus Steam Lines

Rev. 5/19/2020

Eugene Water & Electric Board

INFORMAL INVITATION TO BID

FOR THE SALE OF SURPLUS GOODS

Bid No.: 21‐225‐G Closing Date: November 15, 2021 Time: 11:00 AM PST

Description: Disposal of EWEB Surplus Steam Lines ‐ Pipes and Vaults EWEB agrees to sell approximately 159 vaults and connecting 2”, 4”, 6”, and 8” lines as depicted and defined in the attached Exhibit A (the “Equipment”). EWEB agrees to transfer to OWNER all EWEB’s rights, title and interest in the Equipment through execution of this Transfer of Ownership.

Purchasing Analyst: Tracy Davis Phone: (541) 685‐7468 Fax: (541) 685‐7468 Purchasing Analyst email: tracy.davis@eweb.org

Pre‐bid Conference: N/A

This is an INTERMEDIATE PROCUREMENT.

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 per the instructions found in Part 1, via email, fax, US Postal Service, Commercial Carrier, or in person by appointment with the Purchasing Analyst.

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 Analyst 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 Analyst listed above. EWEB’s official response to any questions or requests will be in writing through direct letters or the Addendum process.

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

1. INSTRUCTIONS TO BIDDERS

As a Public Agency, EWEB has a responsibility to recover financial value when disposing of property and to repurpose and reuse any remaining value of items to best service the community. EWEB has identified that pipes and vaults previously used to distribute power and high‐pressure steam in the downtown areas are no longer required by EWEB and are offered for public purchase. EWEB anticipates these lines could potentially be used to run telecommunications equipment to the downtown community.

BID PREPARATION

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 by November 15, 2021, at 11:00 AM PST.

1.2 QUESTIONS

A Bidder who requires additional information may submit questions in writing to Eugene Water & Electric

Board, Tracy Davis, Purchasing Analyst, 4200 Roosevelt Blvd., Eugene, Oregon 97401 or via email to tracy.davis@eweb.org. To be considered, questions shall be received no later than November 9, 2021.

1.3 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.

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

1.4 BID SUBMISSION

(A) Bids shall be received and date and time‐stamped by the EWEB Purchasing department prior to bid closing. Bids received after the bid closing date and time may not be considered and may be rejected. To ensure that your bid receives priority treatment within our mailing system, your bid should be labeled with the following information:

BID # 21‐225‐G, NOVEMBER 15, 2021, 11:00 AM PST

EUGENE WATER & ELECTRIC BOARD

PURCHASING

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

Bids may be submitted via:

email to tracy.davis@eweb.org fax to 541‐685‐7468

US Postal Service or Commercial Carrier or in person by appointment with the Purchasing Analyst

No oral or telephone bids shall be accepted.

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 4 ‐ Bid Form

1.5 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 offered purchase price shall be clearly shown in the space provided. The Bid is the amount the Offeror is willing to pay EWEB for the purchase of the property. The minimum offer EWEB will consider is $20,000.

1.6 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

1.7 METHOD OF AWARD

Sale of the surplus property shall be made to the highest bidder that accepts the terms of the transfer of ownership.

1.8 TIME FOR ACCEPTANCE

Bids shall be valid, and binding offers for a period of ninety (90) days from the closing date and may not be modified or withdrawn after the closing date and time.

1.9 BID RESULTS

EWEB will contact the bidder with the highest bid amount to finalize the transfer of ownership requirements.

Transfer of ownership is expected to be complete by November 30, 2021.

2. TRANSFER OF OWNERSHIP TERMS AND CONDITIONS

2.1. EFFECTIVE DATE AND PAYMENT

Transfer of Ownership shall be effective upon the date of execution by the last required Executing Signature of the parties (“Effective Date”) and receipt of payment. Prior to EWEB executing the agreement, the prospective Owner (OWNER) shall provide documentation of:

Discussion with and intent regarding LCOG (See 2.3)

Registration with Oregon Utility Notification Center (See 2.5.6)

Franchisee documentation from the City of Eugene (See 2.2.4)

2.2 AS IS CONDITION

2.2.1 OWNER agrees to take possession of the Equipment in AS IS condition and in situ upon the effective date of this agreement. EWEB shall not be responsible for making any repairs, improvements, or other physical changes to the Equipment. EWEB makes no guarantees that the infrastructure depicted in the drawings are correct or that the pipes and vaults provide uninterrupted lines, a closed system, or connectivity between all pipes and vaults. The information about the Equipment is provided in the attached schematic drawings and list of Equipment.

2.2.2 EWEB does not own the real property that the Equipment is located on and cannot transfer any real property rights as part of the sale. See Section 2.4, Easements and City of Eugene’s Public Right of Way for OWNER’s responsibilities for use of Easements and Public Right of Ways.

2.2.3 The Equipment may be wrapped in asbestos. The OWNER is responsible for complying with current or future laws and obligations for disposing of or working with asbestos if removing, revising, adding equipment, or as required by property owner or City right of way requirements.

2.2.4 OWNER will be required to Franchise with the City of Eugene prior to transfer of ownership.

2.3 PUBLIC ACCESS

EWEB has a responsibility when repurposing and reusing items of value to consider the best use by the community. The Lane Council of Government (LCOG) has expressed interest in preserving access to some pipe and vault space. Documentation of discussion with LCOG is required to be submitted with bid.

Documentation will indicate OWNERS intention to preserve or provide limited access to public agencies, including LCOG.

2.4 EASEMENTS AND CITY OF EUGENE’S PUBLIC RIGHT OF WAY

2.4.1 The pipes and vaults are primarily located in the City of Eugene’s public right of ways with some of the vaults and lines on private property, the new owner is responsible for the transfer of any easements that may be in place and verifying permissions to continue use of the public right of way.

2.4.2 OWNER accepts all responsibility to engage with the City of Eugene for the transferred equipment and acknowledges that EWEB makes no representation of continuing use of the public right of way or applicable conditions of use.

2.4.3 OWNER is responsible for removal from private property or right of ways if or when the City of

Eugene or property owner requests removal.

2.4.4 OWNER is responsible for permitting obligations for use of the right of way. The City of Eugene’s websites with additional information are:

https://www.eugene‐or.gov/1091/Permits‐and‐Right‐of‐Way‐Use https://eugene.municipal.codes/EC/7.445

2.5 RESPONSIBILITIES OF NEW OWNER

2.5.1 OWNER agrees to pay bid amount for the purchase of the vaults and connecting lines described in Exhibit A.

2.5.2 OWNER will not damage EWEB’s adjacent facilities and equipment

2.5.3 OWNER will be responsible for any environmental or hazardous substance testing and abatement relating to the Equipment, including asbestos.

2.5.4 OWNER accepts all responsibility for the Equipment, including maintenance, removal, additions, modifications, or repairs of the Equipment.

2.5.5 OWNER agrees it will be responsible for any City of Eugene construction activities impacting the Equipment in the public right of way or otherwise.

2.5.6 OWNER will be responsible to register with Oregon Utility Notification Center as an “Operator” of a facility in the right of way. Responsibilities include locating Utility facilities.

2.5.7 OWNER will be responsible to adhere to current and future ADA standards for structures including vault lids located in the public right of way.

2.5.8 OWNER will be responsible to replace or remove any reference to EWEB on vault lids within 10 years.

2.6 RESPONSIBILITIES OF EWEB

2.6.1 EWEB agrees to sell approximately 159 vaults and connecting 2”, 4”, 6”, and 8” lines as depicted and defined in the attached Exhibit A (the “Equipment”). EWEB agrees to transfer to OWNER all EWEB’s rights, title and interest in the Equipment through execution of this Transfer of Ownership.

PLEASE NOTE: Approximately 110 vaults in the steam system owned by other entities are not included.

See EXHIBIT A for the list of vaults included in this Invitation to Bid.

2.6.2 EWEB agrees to provide OWNER (upon request) with copies of any available drawings and engineering specifications related to the part of the system sold by this agreement.

2.7 WAIVER OF LIABILTIY

OWNER makes the purchase of this Equipment, as defined in item 2.6.1, based upon its review of available data and independent conclusions relating to the Equipment. EWEB has prepared data based on historical information and does not guarantee the use of any Equipment. OWNER is not relying upon any representations which may have been made by EWEB, whether expressly or implied. OWNER further understands and agrees that the item(s) are sold "as is, where is". OWNER makes no warranties, guarantees, or representations as to the condition of said item(s), including the Equipment’s fitness or reliability for any use or purpose expressed, implied, or employed by OWNER. EWEB makes no warranties, guarantees, or representations as to the use, installation or integrity of the equipment, including its location in the right of way.

OWNER acknowledges and understands that he/she is purchasing the Equipment as equipped and that the Equipment or future use of the Equipment may require careful operation, and frequent inspection and maintenance by properly trained operation, inspection and maintenance personnel for its proper operation, maintenance, and use.

OWNER understands that it is possible this Equipment might be located near power lines or other collocated facilities in the public right of way and in conditions that might be hazardous to the health, safety and welfare of OWNER, its employees, subcontractors, and other parties associated with OWNER.

OWNER agrees to hold EWEB, its employees and representatives, completely harmless and blameless in the event OWNER, its employees, officers, subcontractors, and agents, or any other third parties may be injured by or arising out of the use, maintenance, inspection or lack of inspection, or any defect of said equipment, including its design and construction. OWNER agrees to assume all risks of injury or damage that may be caused to it or other parties by this equipment. To the extent applicable law permits, OWNER agrees to defend, hold harmless and indemnify EWEB, their officers, agents, and employees from all claims, damages, suits or actions within the scope of and relating to OWNER’s responsibilities as owner, or arising from OWNER’s acts or omissions.

OWNER understands that the purchase price includes only the purchase of the Equipment and that any and all associated costs are OWNER’s responsibility, including but not limited to costs for inspections, permits or other expenses associated with ownership of the Equipment.

OWNER warrants that it has read and understood the above WAIVER OF LIABILITY and accepts full responsibility for any and all injuries that may incur from the use, operation and maintenance of said Equipment.

4. BID FORM

DESCRIPTION OFFER

Purchase of Pipes and Vaults Steam Distribution System, approximately 159 vaults and connecting 2”, 4”, 6”, and 8” lines.

(Bid minimum $20,000)

BID SIGNATURE / EXECUTION OF SALE

ASSURANCES:

The undersigned attests that they:

Read, understand, and agree to 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 to purchase Equipment.

Represent and warrant to EWEB that they have the power and authority to enter into this Agreement and that this Agreement, when executed by EWEB, shall be a valid and binding obligation of OWNER 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.

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 or to secure any advantage against the contracting agency or any other person interested in the public contract.

BIDDER INFORMATION:

Bidder Company Name

Company Address Telephone Number

Person Signing ITB________________________________________Title______________________________ Please print or type Name

Signature: _________________________________________________________________________________

Email Address: _____________________________________________________________________________

THE EUGENE WATER AND ELECTRIC BOARD (EWEB) hereby transfers ownership to the above Bidder for the equipment designated on Exhibit A and serves as the Bill of Sale when fully executed by both OWNER and EWEB.

Electric Operations Manager – Tyler Nice Date

Purchasing Supervisor – Quentin Furrow Date