ITB 22-016-G Wood Poles.pdf

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

Rev. 5/19/2020

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

Bid No.: 22-016-G Closing Date: Thursday, February 10, 2022 Time: 2:00 PM PST

Description: Wood poles for use in EWEB’s overhead electrical distribution system

Contract Specialist: Wendy Lopez Phone: (541) 685-7150 Email: wendy.lopez@eweb.org

Pre-bid Conference: None

This is a COMPETITIVE SEALED PROCUREMENT. NO FAXED OR EMAILED 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 Contract Specialist.

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 Contract Specialist listed above, unless otherwise stated in Part 2 “Special Terms and Conditions”. Any questions or issues that may arise regarding the specifications, the bidding process, and/or the award process shall be directed to the Contract Specialist 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”.

mailto:wendy.lopez@eweb.org

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

TABLE OF CONTENTS

Section Description

Legal Advertisement

1 Instructions to Bidders

2 Technical Requirements / Scope of Work

3 Bid Form

Attachments

B Bidder Residency Information

C Recycled Products Certification/ Sustainability Questionnaire

Exhibits

1 Material Specification:

2 Sample Contract with Attachment A – Standard Terms and Conditions for the Purchase of Goods

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

LEGAL ADVERTISEMENT

ITB #22-016-G

Wood poles for use in EWEB’s overhead electrical distribution system

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing Wood Poles for use in EWEB’s distribution system.

Bids shall be submitted to Wendy Lopez, Contract Specialist, Purchasing Office, 2nd Floor, Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, Oregon, 97402, before 2:00 PM PST, February 10, 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- 7150, or you may download the ITB documents from the State of Oregon's bid site ("Oregon Buys"):

https://oregonbuys.gov/bso. (For navigation help, contact the Contract Specialist.)

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.

Dated this 27th day of January, 2022.

Wendy Lopez Contract Specialist https://oregonbuys.gov/bso

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

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.

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 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 USE OF BRAND OR TRADE NAMES

Any brand or trade names used by EWEB in bid specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition. Bidders may submit bids for substantially equivalent products to those designated unless the Invitation to Bid provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be at the sole discretion of EWEB.

1.5 ALTERNATE BRAND

Bids will be accepted for any brand offered if the product meets or exceeds the quality or performance levels of the brand specified. Bidders offering alternate brands are requested to include the following information with their bids:

1. A signed statement explaining the difference between the specified brand and/or model and the product offered; and

2. Two sets of detailed specifications to determine whether the product offered meets bid specifications

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 the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or the solicitation improperly specifies a brand

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system name as defined in ORS 279B.200, may submit a protest, in writing, to: Eugene Water & Electric Board, Wendy Lopez, Contract Specialist, 4200 Roosevelt Blvd, Eugene, Oregon 97402 or via email to wendy.lopez@eweb.org. To be considered, protests shall be received no later than seven days prior to bid closing.

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. 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.

Envelopes containing bid protests shall be marked as follows:

BID SPECIFICATION PROTEST

22-016-G, FEBRUARY 10, 2022

Protest of 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.

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 which require signature, and (1) electronic copy, shall be received and date and time-stamped by the EWEB Purchasing department prior to bid closing. No bid received after bid closing date and time shall be considered. To ensure that your bid receives priority treatment within our mailing system, your bid should be labeled with the following information:

BID #22-016-G, February 10, 2022, 2:00 PM PT

PURCHASING

4200 ROOSEVELT BLVD

EUGENE, OREGON 97402

EWEB is not responsible for bids submitted in any manner, format or to any delivery point other than as required by the Solicitation Document

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

(B) REQUIRED PAGES

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

• Section 6 - Bid Form

• Attachment B - Bidder Residency Information

• Attachment C - Recycled Products Certification and Sustainability Questionnaire

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 received 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. (For navigation help, contact the Contract Specialist.)

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.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

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.

EWEB reserves the right to make the award by item, group of items, or entire bid, whichever is in the best interest of EWEB.

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.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

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. (For navigation help, contact the Contract Specialist). 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)

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 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

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system 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.

1.25 BID REJECTION

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

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 awarded contract until all certificates of insurance, as required in the Sample Contract - Insurance Requirements, have been provided and a Notice to Proceed or a Purchase Order has been issued by EWEB.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

2. TECHNICAL REQUIREMENTS / SCOPE OF WORK

2.1 INTRODUCTION

The Eugene Water & Electric Board (EWEB) requires wood poles for use in EWEB’s overhead electrical distribution system. The Contractor shall provide all poles in strict accordance with the contract specifications. All poles shall be new and unused.

2.2 SPECIFICATIONS

All poles furnished under the resulting contract shall comply with the material specifications of Attachment D - Wood Poles ES4-8.1100, Rev. 2.

Contractor is responsible for providing all poles in accordance with the specifications. Any deviations from the specifications provided in this Contract shall 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, whether-or-not EWEB signs-off on the drawing, unless an Amendment acknowledging and accepting the change has been executed by EWEB.

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

2.3 INSPECTIONS

Each pole shall be inspected prior to treatment (white wood) and after treatment (black wood), to ensure compliance with the material specifications of Attachment D - Wood Poles ES4-8.1100, Rev. 2.

EWEB contracts with an inspection contractor for these services. All fees associated with these inspections will be paid by EWEB to its inspection contractor unless excessive trips are required due to rejected treatments and necessary retreats.

Successful bidder will be given the name and phone number of EWEB’s inspection contractor.

Contractor is responsible for arranging inspection services and shall notify EWEB’s inspection contractor a minimum of two (2) business days in advance of scheduled treatment.

Final judgment on pole quality and conformance with the material requirements of the contract shall rest solely with EWEB’s inspection contractor.

Contractor will be required to retreat or replace any pole that does not pass inspection, and shall give the same notice as required above to EWEB’s inspector, that the pole(s) is/are ready for re-inspection.

2.4 ESTIMATES NOT BINDING

Section 3 – Bid Form gives the estimated 5-year usage for each pole; however, any estimate of the number of poles required by the utility are for bidding purposes only and are provided as a courtesy to our bidders. EWEB makes no guarantee of the actual poles that will be purchased (that number may be more or less than those indicated). The bidder shall not rely upon those numbers as a guarantee of the purchases from the resulting contract.

2.5 ORDERING

Poles will be ordered on an as-needed basis. In most cases, EWEB will order poles in complete truckload lots or combine sizes to make full truckloads. Contractor shall charge for each truck delivery as stated in the bid document.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

2.6 DELIVERY

Poles shall be delivered no later than five weeks after receipt of purchase order, unless otherwise negotiated and agreed to by EWEB.

Contractor is responsible for protecting poles from damage during storage, handling, and shipment.

Poles delivered to EWEB damaged or not in compliance with Material Specification ES4-8.1100 REV.2 will be set aside and Contractor will be notified. Contractor shall make arrangements for replacement or repair in accordance with Section 2.8 INSPECTION / REJECTION PROCEDURE.

Contractor shall notify EWEB at least 24 hours prior to delivering poles. The successful bidder will be given the name and phone number of EWEB’s receiving department contact person upon contract award.

Contractor is responsible for providing all necessary equipment and operator, for unloading poles at

EWEB’s delivery site(s).

Contractor shall deliver wood poles to the following EWEB delivery site:

• EWEB Warehouse – 4200 Roosevelt Blvd., Eugene, Oregon 97402

• Poles over 65’ shall be delivered to: Aqua Site, near 42nd St. and Marcola Rd.

• Warehouse delivery hours are: 9am – 12pm, 1pm – 3:30 pm

Occasionally EWEB may require Contractor to deliver poles to staging sites within EWEB’s service area.

Delivery requirements and costs will remain the same as previously noted in Sections 3.2 and 3.5.

2.7 SPOTTING

EWEB may require the Contractor to provide “spotting” of individual poles delivered to EWEB job sites.

Contractor shall provide the cost per pole for “spotting” services in the space provided in Section 3 - Bid Form. Cost for spotting pole(s) will be added to the purchase price of the pole(s), when required, on the purchase order.

Cost of spotting poles is for information purposes only and will not be used in evaluation criteria of bid.

2.8 INSPECTION / REJECTION PROCEDURE

Poles must pass inspection as described in Section 2.3 - INSPECTIONS, prior to shipment

Contractor will be notified of any defective poles shipped and EWEB has the option to either reject or require contractor to rework poles.

Contractor will be responsible for repairing or replacing defective poles, and any associated transportation requirements (pick up and return) at no additional cost to EWEB. Contractor shall either rework poles or issue credit for full purchase price within 30 days of notification of defective pole(s).

2.9 CONTRACTORS MINIMUM STOCK ON HAND

Contractor shall keep the following poles and quantities in stock during the term of the contract, for immediate delivery:

EWEB Stores #482-0001621 – 35’ Class 5 pole – twelve (12) each EWEB Stores #482-0001623 – 45’ Class 3 pole – twenty-four (24) each

Upon expiration of the contract, EWEB will place a final order to purchase Contractor’s stocked poles listed above.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

4.10 EMERGENCY PURCHASES / EXPEDITED DELIVERY

In the case of an emergency where EWEB requires expedited delivery and receipt of poles, and when Contractor cannot meet EWEB’s expedited delivery requirements, EWEB reserves the right to purchase poles from other sources.

4.11 CONTRACT USAGE

EWEB may require poles with different configurations than those specifically listed in the bid form.

EWEB reserves the right to order additional poles as may be required. The Contractor agrees to provide additional poles at similar discount rates.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

3. BID FORM

The Undersigned hereby offers to furnish all products as specified herein in strict accordance with the Bid Documents, and for the following amount(s). Prices include all costs related to shipping and handling:

LN # ITEM # FULL DESCRIPTION

Est 5-yr Qty

UOM

Unit Price

Total Price

482-0001621

POLE FIR 35' CLASS 5 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV2

EA

Contractor to stock 12 at all times

482-0001622

POLE FIR 40' CLASS 3 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

482-0001623

POLE FIR 45' CLASS 3 PENTA TREATED AND FRAMED PER EWEB

Contractor to stock 24 at all times

482-0001624

POLE FIR 45' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001625

POLE FIR 50' CLASS 3 PENTA TREATED AND FRAMED PER EWEB

482-0001626

POLE FIR 50' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001627

POLE FIR 55' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001628

POLE FIR 60' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001631

POLE FIR 65' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001635

POLE FIR 70' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001638

POLE FIR 75' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001642

POLE FIR 80' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

482-0001644

POLE FIR 90' CLASS 1 PENTA TREATED AND FRAMED PER EWEB

14 482-0001629

POLE FIR 60' CLASS H1 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

1 EA

15 482-0001632

POLE FIR 65' CLASS H1 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

5 EA

16 482-0001636

POLE FIR 70' CLASS H1 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

1 EA

17 482-0001639

POLE FIR 75' CLASS H1 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

1 EA

18 482-0001640

POLE FIR 75' CLASS H2 PENTA TREATED AND FRAMED PER EWEB

MATERIAL SPEC ES4-8.1100 REV 2

1 EA

19 482-0001643

POLE FIR 80' CLASS H1 PENTA TREATED AND FRAMED PER EWEB

SPEC.ES4-8.1100 REV 2

1 EA

20 482-0005965

POLE, CEDAR, 45' CLASS 3, BUTT TREATED, FRAMED PER EWEB

SPECIFICATION ES4-8.110 REV 2

50 EA

21 482-0005966

POLE, CEDAR, 50' CLASS 1, BUTT TREATED, FRAMED PER EWEB

SPECIFICATION ES4-8.1100 REV 2

5 EA

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

DELIVERY CHARGES PER TRUCK LOAD

(Note: delivery price is the same for full and partial truckload orders.)

Delivery Charge - Poles - 65 Feet and under

40 EA

Delivery Charge - Poles - 70-80 feet

10 EA

Delivery Charge - Poles – 85 feet and longer

5 EA

Total, Lines 1-24 $______________________________

_______________ Charge for spotting individual pole (per pole)

_______________ Charge for rotating pole stock when delivering new poles (per hour)

DELIVERY: _______ days After Receipt of Order (ARO) (MUST be no later than 5 weeks after receipt of Purchase Order)

WARRANTY: _________ (Must be a minimum of 12 months)

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 Sample Contract - Insurance Requirements must be provided prior to the issuance of a Notice to Proceed.

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 _____

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

SOLICITATION SIGNATURE

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: ____

ASSURANCES:

The undersigned attests that they:

• 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.

Contractor, by signing this Bid Form, represents and warrants that contractor’s performance under an awarded contract creates 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 prevents 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 would not create a potential or actual conflict of interest in performance of the contract.

ITB #22-016-G Wood poles for use in EWEB’s overhead electrical distribution system

BIDDER INFORMATION:

Bidder Company Name

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

Telephone Number Fax Number FEDERAL ID NUMBER

Person Signing ITB________________________________________Title_______________________________ Please print or type Name

Signature: ____________________________________Email Address: ________________________________

Rev. 4-25-06

ATTACHMENT B

BIDDER RESIDENCY INFORMATION

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):

ATTACHMENT C

RECYCLED PRODUCTS CERTIFICATION

Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. EWEB shall give preference to goods that are certified to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable non-recycled product; and

(d) The recycled product’s costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by EWEB. [2003 c.794 §17]

ORS 279A.010(gg) states “Recycled product” means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. “Recycled product” includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.

ORS 279A.010(s) states: “Post-consumer waste” means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. “Post-consumer waste” does not include manufacturing waste.

ORS 279A.010(hh) states: “Secondary waste materials” means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value.

“Secondary waste materials” includes post-consumer waste. “Secondary waste materials” does not include excess virgin resources of the manufacturing process. For paper, “secondary waste materials” does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

ORS 279A.010(ff) states: “Recycled PETE” means post-consumer polyethylene terephthalate material.

I, the undersigned duly authorized representative of the Bidder/Proposer, hereby certify that the products, if any, offered in this bid/proposal contain the following minimum percentages:

(NOTE: If product(s) bid contain no recycled materials, then write "0" in space(s) provided)

a) ________% (recycled product as defined in ORS 279A.010(gg));

b) ________% (post consumer waste as defined in ORS 279A..010(s));

c) ________% (secondary waste materials as defined in ORS 279A.010(hh));

d) ________% (recycled PETE product as defined in ORS 279A.010(ff));

Product Name: ___________________________________________________

Bid (line) Item No.: ______

It is the Bidder’s responsibility to provide additional signed copies of the Certification of Compliance for each (bid line) item which contains a different percentage of recycled materials than listed above.

Sustainability Questionnaire

Company Name: ______________________________________ Date: _________

The Supplier Sustainability Questionnaire must be completed and returned with your bid/proposal. This questionnaire is applicable to firms that provide services and/or goods. Responses can be up to 4 pages (see www.eweb.org/bids for a copy of the questionnaire in word format).

1. What policies or plans are in place to help decrease environmental or social impacts from your supply chain or manufacturer (if company is a distributor) such as decreasing use of toxic or hazardous products, efficient use of natural resources, reducing greenhouse gas emissions, waste reduction, and worker health and safety? Please provide links to documents. How does your company monitor and manage your supply chain with regard to environmental and social issues?

2. What type of sustainable packaging/shipping materials do you use, such as reusable, recycled content, or compostable materials? Does your company have a Zero Waste Plan; if so describe the progress your company has made to implement the plan. If you don’t use sustainable packaging please detail why not.

3. Does your company have transportation strategies to reduce fossil fuel, maintain local warehouses to shorten shipping distances and lead times, or combine shipments to receive economies of scale? If so, please include link or details of plan.

4. Has your company been cited in the last 5 years for non-compliance of any permits, rules or regulations pertaining to environmental, health and/or safety? If yes, please state the reason, and outcome of the citation including a description of the steps taken by your company to rectify the problem.

5. What programs do you have in place, or are planned for to increase resource efficiency such as reducing use of electric, water, labor or material resources?

6. Have the product(s) that you are bidding/proposing been certified by a third-party organization, such as Green Seal, Ecobiz, or ENERGY STAR. If yes, detail which ones and the relevant third party certification?

http://www.eweb.org/bids

MATERIAL SPECIFICATION

WOOD POLES

Jan 18, 2022 REV.

ES4-8.1100 2

ENGINEERING REVIEW ________ STANDARDS COMMITTEE APPROVAL _ Page 1 of 6

1. APPLICATION

A. Wood poles are used to support overhead conductors and electrical distribution equipment.

2. REFERENCE STANDARDS

A. Shall meet or exceed the requirements of the latest editions, revisions, and amendments of the following standards:

1) ANSI O5.1 American National Standard for Wood Poles – Specifications and Dimensions

2) American Wood Protection Association (AWPA) Book of Standards, including, but not limited to:

a) AWPA P35 Standard for Pentachlorophenol (PCP)

b) AWPA P39 Standard for 4,5-Dichloro-2-octyl-4isothiazolin-3-one (DCOI)

3. PRODUCTS

A. Wood:

1) Douglas Fir, - shall be through-bored per standard detail ES4-8.1100.04, full length treated with preservative, and heat sterilized by heating the pith center of the pole for one hour at not less than 150 degrees F.

2) Western Red Cedar – shall be incised as described below and treated with preservative from 2 feet above ground line to the butt. See standard details for location of the ground line.

EXHIBIT 1

WOOD POLES

Jan 18, 2022 REV.

ES4-8.1100 2

B. Preservative: Shall be pentachlorophenol (penta) or DCOI.

Wood

Preservative Retention, lbs./ft3 Preservative Penetration, inches from surface Penta DCOI

Douglas Fir 0.60 0.20 0.75

Western Red Cedar 1.0 0.33 0.50, in incised zone

C. Incising: All cedar poles shall be incised 2 feet above the ground line to 4 feet below with a pattern and depth sufficient to insure uniform preservative penetration of the total sapwood in the incised area.

D. Holes and Gains: As shown in Standard Details and performed prior to preservative treatment.

1) Holes

a) Holes through same side of pole must be parallel and in the same plane.

b) Tolerance - Holes on the gain, ± 1/8” from the centerlines of the pole, on the side opposite the gain, ± 1/4” from the centerlines of the pole location – measured from the top of the pole gain side, ± 1/4” opposite side, ± 1/2”, diameter, ± 1/16”.

2) Gains

a) Shall be flat with plane at right angles to bolt holes.

b) Tolerance – Shall be parallel with centerline of pole ± 1/2".

E. Pole Star: Pole Star-Locks shall be installed on all poles prior to preservative treatment. Pole classes 3, 4, or 5 shall receive a 5” star, and pole classes 1, 2 or H a 6” star.

4. TESTS

A. Shall be tested per the applicable standards.

5. WARRANTY

A. Provide a warranty period of 12 months, minimum after the date of acceptance.

B. Vendor shall warrant the wood poles be free from defects in material or workmanship, and shall provide a replacement pole for any pole deemed defective.

WOOD POLES

Jan 18, 2022 REV.

6. PACKAGING AND DELIVERY

A. The vendor shall insure the proper protection from damage during transit. Any damage during transit shall be the vendor’s responsibility to repair, or replace with new.

7. SUBMITTALS

A. If requested, vendor shall provide a drawing for initial product approval, or approval of subsequent changes before shipment of product.

8. EWEB STORES INFORMATION

A. This specification shall be used to purchase the material with the stock codes and associated standard detail numbers listed below.

Stock Code Standard Detail No.

482-0001621 ES4-8.1100.01

482-0001622 thru 482-0001627 ES4-8.1100.02

482-0005965 thru 482-0005966 ES4-8.1100.02

482-0001628 thru 482-0001644 ES4-8.1100.03

WOOD POLES

Jan 18, 2022 REV.

WOOD POLES

Jan 18, 2022 REV.

WOOD POLES

Jan 18, 2022 REV.

WOOD POLES

Jan 18, 2022 REV.

Contract for Goods

Wood Poles

Contract No. 22-016-G

By and between

Eugene Water & Electric Board and

EXHIBIT 2

Contract #22-016-G Wood Poles

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 5 years from date of contract execution. 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. This Agreement will renew on the anniversary of the original Contract execution date, unless otherwise terminated in accordance with the early termination provisions herein. If Contractor does not agree to renew the Agreement for an additional term, Contractor must notify EWEB within 90 days of the anniversary of the original Contract execution date. The maximum term for this Agreement shall not exceed five (5) years.

2. Required Goods, Pricing, and Delivery Schedule.

The required goods as defined in the Scope of Work of the solicitation, pricing, and delivery schedule are contained in Attachment E - Statement of Work [ITB Section 2 – Technical Requirements/Scope of Work, Section 3: Bid Form, and Exhibit 1:Material Specification, will be included as Attachment E] 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. Price Adjustments.

Price increases may be considered by EWEB annually 30 to 90 days prior to the beginning of the following term. Contractor is responsible for submitting their request for any price increase during this 30 to 90 period. Contractor must provide a positive means of substantiating any price increase by providing supporting documentation within this 30 to 90 day period. EWEB may not consider requested price increases submitted less than 30 days prior to the following term. EWEB shall determine what constitutes acceptable documentation.

Upon receipt of request, EWEB reserves the right to (1) accept the requested price increase and…