ITB 23-180-G Tubular Steel Pole Structures.pdf

ITB #23-180-G Tubular Steel Pole Structures

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

Tubular Steel Pole Structures

Bid No.: 23-180-G Closing Date: October 3, 2023 Time: 2:00 PM, PT

Description: Tubular Steel Pole Structures for use in EWEB’s Thurston to McKenzie River Crossing Transmission Line.

Purchasing Contact: Kristin Kokkeler (541) 685-7107 kristin.kokkeler@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 Page

1 4

2 10

5 15

A

C

Description

Legal Advertisement

Instructions to Bidders

Sustainability

Technical Requirements Minimum Qualifications

Bid Form

Attachments

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

Recycled Products Certification/Sustainability Questionnaire

Exhibits Sample Contract Specifications EWEB Tubular Steel Pole Specification Drawings McKenzie to Thurston Triple Circuit River Crossing Design Criteria Document

THURSTON TO MCKENZIE ISSUE FOR CONSTRUCTION

20230818

LEGAL ADVERTISEMENT

ITB #23-180-G

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing tubular steel pole structures for use in EWEB’s Thurston to McKenzie River Crossing Transmission Line.

Bids shall be submitted to Kristin Kokkeler, Contract Specialist, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, OR 97402, before, October 3, 2023, 02:00 PM PT. 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 #23-180-G. 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: September 11, 2023

Kristin Kokkeler 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 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 /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 # 23-180-G, OCTOBER 3, 2023

Attn: Kristin Kokkeler, Purchasing 4200 Roosevelt Blvd.

Eugene, Oregon 97401 or via email to kristin.kokkeler@eweb.org.

If by email, insert the following in the subject header: BID SPECIFICATION PROTEST, BID #23-180-G

To be considered, protests shall be received no later than 5 business days before the ITB 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 using Word Track Changes tool OR 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

mailto:kristin.kokkeler@eweb.org

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, one (1) hard copy, 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 #23-180-G, OCTOBER 3, 2023, 02:00 PM PT

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

• Hard Copies as detailed in Section 1.11(A)

• Electronic copy, as detailed in Section 1.11(A)

(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

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

1.21 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 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 ninety (90) 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/. (Search for bid # 23-180-G).

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.

Invitation to Bid Issued September 11, 2023

Last day for EWEB to receive questions from Bidders September 25, 2023

Last day EWEB will post Addenda September 26, 2023

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

Intent to Award Announcement October 4, 2023

Board Approval November 7, 2023

Contract Award November 8, 2023

ANTICIPATED PROJECT SCHEDULE:

Preliminary Shop Drawings & Calculations December 8, 2023

Delivery to EWEB pole yard August 1, 2024

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. TECHNICAL SPECIFICATIONS / SCOPE OF WORK

3.1 INTRODUCTION

The Eugene Water & Electric Board (EWEB) requires tubular steel pole structures for use in EWEB’s Thurston to McKenzie River Crossing Transmission Line. The Thurston to McKenzie project is a 0.8 mile 115 kV and 69 kV triple circuit rebuild that crosses the McKenzie River. The conductor will be upgraded to 795 ACSR “DRAKE” and structures will be designed as primarily steel h-frames. The Contractor shall provide all poles in strict accordance with the contract specifications. All poles shall be new and unused.

3.2 TECHNICAL SPECIFICATIONS

All goods furnished under this contract shall comply with the material specifications of Exhibit 2 – EWEB Tubular Steel Pole Specification.

Additional electronic files for review can be found at:

https://files.eweb.org/link/lbu42DTVDbyZHndPbnJNhA

** Limit pole utilization to 90%

Contractor is responsible for constructing and providing all goods 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 goods 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 goods.

3.3 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 specification’s 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.

3.4 ESTIMATES NOT BINDING

The bid form gives the estimated annual usage for each line item; however, any estimate of the number of goods required by EWEB are for bidding purposes only and are provided as a courtesy to our Bidders. 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 those numbers as a guarantee of the purchases from the resulting Contract.

3.5 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.

3.6 DELIVERY

Poles shall be delivered per the agreed bid schedule with at least two (2) weeks’ notice to arrange placement at the active job site, unless otherwise negotiated and agreed to by EWEB.

https://files.eweb.org/link/lbu42DTVDbyZHndPbnJNhA

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 Attachment D will be set aside and Contractor will be notified. Contractor shall make arrangements for replacement or repair in a timely manner.

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 Oraqua Yard – 88700 Marcola Rd., Springfield OR 97478

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.

3.7 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.

4. MINIMUM QUALIFICATIONS (PASS/FAIL)

Following are the Minimum Qualifications that shall be met by all Bidders. Bidders shall respond to each of the Minimum Qualifications in writing in a brief and concise manner and include in their bid package.

Response to the Minimum Qualifications will be evaluated on a pass or fail basis. Only Bidders that meet all the Minimum Qualifications will be eligible for award. EWEB does not pre-qualify Bidders; your bid must show that your firm meets the requirements. EWEB will attempt to answer questions or clarify the requirements if needed.

A. Requirements

1. Contractor must be regularly engaged in the fabrication of tubular steel transmission poles. Provide project experience within the last five (5) years.

2. Contractor must have a staff regularly engaged in the design and detailing of tubular steel poles.

Provide project experience within the last five (5) years.

3. Contractor shall have a published Quality Manual detailing the activities from raw material purchase to final inspection and coating to shipping.

4. Contractor must employ AWS certified welding inspections. These certified inspectors shall be used on this project.

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

RESPONSE TO MINIMUM QUALIFICATIONS - Section 4

BID FORM – Section 5

Attachment C – RECYCLED PRODUCTS/SUSTAINABILITY QUESTIONNAIRE

HARD COPIES – as detailed in Section 1.11(A)

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

A. BID PRICE

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:

* Bid pricing for Item 6 is OPTIONAL

Item Descrip�on Est. Qty Unit Unit Price Total Price 1 Tubular Steel Structure – 85 Ft. 2 EA

Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

2 Tubular Steel Structure – 105 Ft. 4 EA Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

3 Tubular Steel Structure – 115 Ft. 2 EA Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

4 Tubular Steel Structure – 120 Ft. 2 EA Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

5 Tubular Steel Structure – 130 Ft. 4 EA Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

6 Tubular Steel Structure – 95 Ft.* 2 EA Structure Base Diameter:

Structure Final Weight:

Structure cost per lb.:

TOTAL, Lines 1-5

TOTAL, Line 6*

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 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? (Indicate Yes or No) _______

If yes, please indicate which of the following applies: ______________________________

Minority Owned, Woman Owned, Emerging Small Business, or 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. Nothing in this paragraph shall in any way affect or limit EWEB's rights as buyer under the UCC, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080.

A.8 CASH DISCOUNT:

If EWEB is entitled to a cash discount, the period of computation shall start on the date the entire order is delivered or the date the invoice is received, whichever is later. Cash

Rev. 3-27-23 2 discounts will not be considered for award purposes unless stated in the bid documents.

A.9 INVOICING AND PAYMENT.

Payment will be made after product successfully passes an inspection at the delivery location, and it is in full compliance with the specifications of the solicitation including manuals, data sheets, or any other required component. Payment for undisputed amounts will be made after receipt and acceptance.

All items must be accepted and invoiced before payment will be made. EWEB will make payment to Contractor for all undisputed amounts in accordance with its regular payment terms: Net 30 days after acceptance of goods and receipt of a valid invoice.

A.10 SAFETY AND HEALTH REQUIREMENTS:

Contractor warrants goods and services provided under this Contract comply with all applicable federal Occupational Safety and Health Administration (OSHA) requirements and with all applicable Oregon safety and health requirements, including those of the Oregon State Workers' Compensation Division.

A.11 SDS:

Contractor shall provide EWEB with a Safety Data Sheet (SDS) as defined by the Occupational Safety and Health Administration (OSHA) for any goods provided under this Contract, which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions…