ITB 24-062-G Precast Vaults, Lids and Riser Sections.pdf

ITB #24-062-G Page 1 of 18 Rev 12/22

Rev. 9-6-22

Eugene Water & Electric Board

INVITATION TO BID FOR

THE PURCHASE OF GOODS

Precast Concrete Vaults, Lids, and Riser Sections

Bid No.: 24-062-G Closing Date: October 29, 2024 Time: 2:00 PM, PT

Description: Solicitation to establish a price agreement for the purchase of precast concrete vaults, lids, and riser sections, on an as-needed basis.

Purchasing Contact: Pam Ward (541) 685-7113 Pam.Ward@eweb.org

Pre-bid Conference: No

This is a COMPETITIVE SEALED PROCUREMENT. ELECTRONIC PROPOSALS SUBMITTED VIA THE OREGONBUYS BID SITE ARE REQUIRED. Emailed submittals will not be accepted.

To ensure your submission is received prior to the closing date and time, it is recommended that you begin the submittal process on the OregonBuys website at least 72-hours prior to the closing date and time listed above.

To ensure your submission is received prior to the closing date and time, it is recommended that your response is submitted electronically on the OregonBuys website, or if in person, 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 the Addendum process.

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

mailto:Pam.Ward@eweb.org

ITB #24-062-G Page 2 of 18 Rev 12/22

TABLE OF CONTENTS

Section Description Page

Legal Advertisement 3

1 Instructions to Bidders 4

2 Technical Requirements 11

3 Reserved 13

Bid Form

Attachments

A Recycled Products Certification/Sustainability Questionnaire

B Bidder Qualification and Reference Form

C Pricing Worksheet (Excel)

Exhibits

Sample Contract Material Specification: ES5-2.1100 REV. 3

ITB #24-062-G Page 3 of 18 Rev 12/22

LEGAL ADVERTISEMENT

ITB #24-062-G

The Eugene Water & Electric Board (EWEB) requests bids from companies interested in providing precast concrete vaults, lids, and riser sections, on an as-needed basis.

Bids shall be addressed to Pam Ward, Contract Specialist, Purchasing Office, Roosevelt Operations Center, 4200 Roosevelt Blvd., Eugene, OR 97402, before, 2:00 pm, October 29, 2024. 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 # 24-062-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 sixty (60) 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: October 11, 2024

Pam Ward Purchasing Contact https://oregonbuys.gov/bso/

ITB #24-062-G Page 4 of 18 Rev 12/22

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

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, telephone or faxed bids shall be accepted.

1.2 CONFORMANCE TO BID REQUIREMENTS

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

1.3 PRODUCT IDENTIFICATION

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

1.4 RESERVED

1.5 RESERVED

1.6 PROTEST OF SPECIFICATIONS /REQUIREMENTS

A Bidder who believes that the procurement process is contrary to law, or that the solicitation is unnecessarily restrictive in that specifications limit competition arbitrarily, without reasonably promoting the fulfillment of the procurement needs of EWEB, or that the solicitation document is legally flawed in that it contains terms or conditions that are contrary to law, or that the solicitation improperly specifies a brand name as defined in ORS 279B.200, may submit a protest via email to pam.ward@eweb.org. Insert the following in the subject header:

ITB SPECIFICATION PROTEST, ITB #24-062-G

To be considered, protests shall be received no less than 5 business days before close (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.

mailto:pam.ward@eweb.org

ITB #24-062-G Page 5 of 18 Rev 12/22

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 not protest or request to change the entire terms and conditions of the solicitation. For example, you may not seek to replace EWEB’s terms and conditions in whole with your company’s terms and conditions, standard contract, master services agreement, etc.

EWEB reserves the right to negotiate the proposed terms and/or conditions with Bidder, and either accept or reject the proposed terms and/or conditions. REQUESTS FOR REVISION OF EWEB CONTRACTUAL TERMS AND CONDITIONS MAY BE MADE AT TIME OF BID SUBMISSION. THERE MAY

BE NO OPPORTUNITY TO DO SO AT A LATER DATE.

NO PROPOSED TERMS OR CONDITIONS SHALL BECOME A PART OF THE AWARDED CONTRACT UNLESS

ACCEPTED BY EWEB AND INCORPORATED INTO THE CONTRACT IN WRITING.

1.8 SIGNATURE ON BID

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

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

1.9 CANCELLATION, REJECTION, DELAY OF SOLICITATION

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

1.10 RESERVED

BID SUBMISSION

1.11 BID SUBMISSION

(A) OREGONBUYS ELECTRONIC RESPONSE

In order to submit an electronic bid on the OregonBuys website, Bidder must be registered with OregonBuys and able to submit an electronic bid. For instructions to register on OregonBuys, visit the following site: OrBuysSupplierRegistrationSteps.pdf (oregon.gov)

If you experience any issues registering, please contact OregonBuys at:

Phone: 1-855-800-5046 Email: support.oregonbuys@das.oregon.gov

When Bidder is submitting their proposal electronically, Bidder should follow the procedures outlined in any of the following:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation% https://www.oregon.gov/das/ORBuys/Documents/OrBuysSupplierRegistrationSteps.pdf mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

ITB #24-062-G Page 6 of 18 Rev 12/22

20Response.pdf for electronic submission.

A video presentation on submitting an electronic proposal may be found at: Supplier - Submitting a Quote - Overview (periscopeholdings.com)

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

Bids received in a manner other than through the OregonBuys website and/or after the closing date and time will not be considered and will be rejected. EWEB is not responsible for proposals 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 4)

• All Posted Addenda Acknowledged

• Attachment A - Recycled Products/Sustainability Questionnaire

• Attachment B - Bidder Qualifications and Reference Form

• Attachment C - Pricing Worksheet (Excel)

(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. Bidder may sign each issued Addendum and include with response or acknowledge in the space provided on the Bid Form.

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

If a Bidder wishes to make modifications to a submitted Bid, Proposer must do so through OregonBuys prior to the Bid Due Date and Time stated on the Cover Page for this ITB.

1.14 BID WITHDRAWALS

If a Bidder wishes to withdraw a submitted Bid, Bidder must do so through OregonBuys, using the

“Withdraw Quote” button prior to the Bid Due Date and Time stated on the Cover Page for this ITB.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.periscopeholdings.com/courses/suppliersubmittingaquote/#/lessons/-IJ5uftCSaLqTjitSezQGrNh9dTNGqaA https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

ITB #24-062-G Page 7 of 18 Rev 12/22

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.

ITB #24-062-G Page 8 of 18 Rev 12/22

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 sixty (60) days from the closing date (unless otherwise specified in the solicitation document) and may not be modified or withdrawn after the closing date and time.

1.26 BID RESULTS

To obtain bid results, notes may be taken at the public reading of the bid or a personal inspection may be made of the bid files at a later date, BY APPOINTMENT. Bid tabulations may be obtained electronically at the State of Oregon's bid site ("Oregon Buys"): https://oregonbuys.gov/bso/. (Search for bid # 24-062- 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

ITB #24-062-G Page 9 of 18 Rev 12/22 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

ITB #24-062-G Page 10 of 18 Rev 12/22

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 October 11, 2024

Last Date for EWEB to Receive Protests of Requirements/Specifications/Terms October 22, 2024

Last day for EWEB to receive questions from Bidders October 22,2024

Last day EWEB will post Addenda October 25, 2024

Closing Date (last day to submit bids to EWEB) October 29, 2024

Intent to Award Announcement November 21, 2024

Board Approval December 3, 2024

Contract Award December 9, 2024

ITB #24-062-G Page 11 of 18 Rev 12/22

2. TECHNICAL SPECIFICATIONS / SCOPE OF WORK

2.1 BACKGROUND / OBJECTIVES

To establish a price agreement for the purchase of precast concrete vaults, lids, and riser sections, on an as needed basis.

2.2 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.

2.3 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.

2.4 PACKAGING

Contractor shall deliver lids on pallets and precast concrete vaults shall be stickered (placed on 4” x 6” boards) for unloading. Contractor shall insure the proper protection from damage during transit in accordance with Exhibit 2 Material Specification ES5-2.1100 REV 3.

When EWEB requires palletizing on orders, Contractor agrees to provide palletizing on non-returnable pallets. Pallets will be provided free of charge.

2.5 DELIVERY

Contractor shall complete delivery of all items ordered within fifteen (15) business days from receipt of a purchase order.

All items, except starred (*) bid items, shall be delivered FOB EWEB Warehouse and should go to the EWEB Warehouse, 4200 Roosevelt Blvd, Eugene, OR 97402, between the hours of 9:00 A.M. - noon or 1:00 P.M. – 3:00 P.M., Monday through Thursday, excluding EWEB recognized holidays.

Starred (*) bid items 7, 8, 34, 37, and 38 to be delivered FOB EWEB Jobsite - The majority of the EWEB jobsites will be within the Eugene/Springfield City limits. Infrequently, EWEB may request a delivery to a jobsite 15 miles outside the Eugene/Springfield City limits. EWEB will notify Contractor of jobsite contact person closer to the delivery date.

Bid Item 7* - 348-0000493 - LID, CONCRETE, 9'-0" X 13'-0" X 9" MANHOLE RING INSTALLED (4) 2 TON

BURKE ANCHORS BRASS NAME PLATE.

Bid Item 8* - 348-0000494 - LID, CONCRETE, 9'-0" X 13'-0" X 9" WITH TWO 3'-0" X 3'-0" SPRING ASSISTED GALVANIZED ANTI-SLIP STEEL DOORS 3/8" PENTA HEAD BOLTS BRASS NAME PLATE (4) 2

TON BURKE ANCHORS.

Bid Item 34* – 348-0000538 - BOX, CONCRETE, VAULT, 7'-11" X 13'-0" X 8'-7" WITH 3'-0" X 3'-0" SPRING ASSISTED HINGED GALV. ANTI-SLIP STEEL DOOR AND 1'-3" X 5'-0" OPENING. FOR LARGE

PADMOUNT TRANSFORMER.

ITB #24-062-G Page 12 of 18 Rev 12/22

Bid Item 37* – 348-0000541 - BOX, CONCRETE, VAULT, MANHOLE 7'-11" X 13'-0" X 8'-7" WITH 2'-10"

ROUND OPENING IN TOP SECTION

Bid Item 38* - 348-0000542 - BOX, CONCRETE, VAULT, 7'-11" X 13'-0" X 8'-7" WITH 5'-0" X 6'-0" OPENING WITH 3'-0" X 3'-0" SPRING ASSISTED GALVANIZED ANTI-SLIP STEEL DOOR. FOR SWITCH

INSTALLATIONS PMH-6 THRU PMH- 18.

Contractor shall notify EWEB within 2 business days of order placement if delivery cannot be completed as required. Upon receipt of notification, EWEB reserves the right to cancel the order and make the purchase from another vendor, or allow an extension in time. Repeated failure to meet delivery requirements may result in contract termination.

2.6 TECHNICAL SPECIFICATIONS

All goods furnished under the resulting Contract shall comply with the applicable attached material specification shown in Exhibit #2.

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.

2.7 EWEB RESPONSIBILITIES

EWEB shall issue Purchase Orders and notify Contractor when product is required.

EWEB will notify Contractor of jobsite contact person closer to delivery date.

For deliveries made to the EWEB Warehouse, EWEB shall provide forklift and staff to unload shipments during the warehouse delivery hours specified in Section 3.5 Delivery.

2.8 CONTRACTOR RESPONSIBILITIES

Contractor will provide product at the unit prices indicated on the price schedule in Section 6 – Bid Form, and in accordance with all specifications, requirements, terms and conditions of this contract.

For deliveries made to jobsites, Contractor will be responsible for unloading shipments at the specified location provided by the jobsite contact person.

Contractor shall provide lab reports with every delivery showing proof that product delivered meets or exceeds the minimum compressive strength of the concrete at 28 days as specified in Exhibit 2- Section

3.3 of the EWEB Material Specification for the product

ITB #24-062-G Page 13 of 18 Rev 12/22

3. RESERVED

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ITB #24-062-G Page 14 of 18 Rev 12/22

4. BID FORM

Bids should be prepared and organized in a clear and concise manner and must include all information required by this ITB. Separate and clearly identify all sections and include a Table of Contents. Headers, titles and tabs should be used to identify required information.

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

(Failing to include these documents could lead to rejection of bid.)

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

COVER LETTER

BID FORM – Section 4

ALL POSTED ADDENDA ACKNOWLEDGED

Attachment A – RECYCLED PRODUCTS/SUSTAINABILITY QUESTIONNAIRE

Attachment B - BIDDER QUALIFICATION AND REFERENCE FORM

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 amount(s) submitted on Attachment C – Pricing Worksheet. Prices include all costs related to shipping/handling, travel, and expenses.

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: ____

ITB #24-062-G Page 15 of 18 Rev 12/22

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:

ITB #24-062-G Page 16 of 18 Rev 12/22

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.

ITB #24-062-G Page 17 of 18 Rev 12/22

• 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 _____________________________________________________________________________

ITB #24-062-G Page 18 of 18 Rev 12/22

Bidder’s ITB Representative (if different than above)

Name________________________________________ Title___________________________________ Please print or type name

Signature _________________________________________________________________________________

Phone __________________________ Email _________________________________________________

ATTACHMENT A

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.

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 regarding 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?

ATTACHMENT B

BIDDER QUALIFICATIONS AND REFERENCE FORM

All bidders shall fully complete and submit the following. Only bidders with five (5) years’ experience producing precast concrete utility products will be considered for this project. Failure to provide complete information may be cause for bid rejection.

Business Name: _____________________________________________________________________________

Owner Name: _____________________________________________________________________________

Business Address: _____________________________________________________________________________

Business Phone No. (Daytime): _________________________ (Evenings/Weekends): _________________________

Number of Employees: _________________________

Annual Sales: $________________________

Date Business Established: _________________________

Name & Address of Insurance Agent(s): __________________________________________________________

Telephone No.: _________________________

Name of Job Supervisor (for this project only): __________________________________________________________

REFERENCES FOR COMPARABLE CONTRACTS:

1. Name of Project: __________________________________________________________________________

Address: __________________________________________________________________________

Dates: __________________________________________________________________________

Contact Person and Phone Number: _____________________________________________________________

2. Name of Project: __________________________________________________________________________

3. Name of Project: __________________________________________________________________________

Contract for Goods

Contract No. 24-062-G

By and between

Eugene Water & Electric Board and

Contractor

Contract #24-062-G Rev 01/24

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

RECITALS

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

DEFINITIONS

“Acceptance” - Goods furnished under this Contract shall be subject to inspection and testing by EWEB at delivery point, or as otherwise stated in the Contract. If EWEB determines that Goods conform in accordance with the Contract Specifications, then EWEB shall notify Contractor that “Acceptance” of the Goods has occurred.

“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.

“Services” under this Contract mean any action or work to be performed by the Contractor in the provision of the Goods required under the Contract.

“Specifications” under this Contract sets forth the required design and minimum level of quality of the Goods furnished by Contractor under this Contract.

"Work" means the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire Contract and successful completion of all duties and obligations imposed by the Contract.

“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 in the Contract shall have the meanings as set forth in EWEB Public Contracting Rules, Division 1 - Definitions.

ARTICLES

HEADINGS: The section (“Section” or “Article”) headings in this Contract are included for convenience only; they do not give full notice of any portion of the terms of this Contract.

CONTRACT COMMENCEMENT

1. Effective Date and Duration

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 in accordance with the early termination provisions in Section 12, this Agreement will automatically renew on the anniversary of the original Contract Execution Date. 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.

PRICING AND PAYMENT

2. Contract Compensation

The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $_______________. Pricing detail is provided in Attachment A – Schedule of Goods.

Pricing and Payment

3. Invoicing and Payment

a. Interim payments to Contractor shall be made according to the following:

Payment Submission: Invoices shall be submitted to EWEB's Contract Administrator and accountspayable@eweb.org for this Contract. EWEB's Contract Administrator is insert name.

Payment Terms: EWEB will make payment in accordance with its regular payment schedule: Net 30 days from receipt of a valid, undisputed invoice.

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.

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

4. Price Adjustments

Price increases may be considered by EWEB annually prior to the beginning of the next 12-month term, up to a maximum of 3%. Contractor is responsible for submitting their request for any price increase 30 to 90 calendar days before the next anniversary of Contract execution, without exception. Contractor must provide a positive means of substantiating any price increase by providing supporting documentation within this 30 to 90-day period. EWEB shall determine what constitutes acceptable documentation.

EWEB will not accept price increases of any kind within the first 12 months of the Contract period.

Upon receipt of request, EWEB reserves the right to (1) accept or negotiate the requested price increase and extend the Contract/allow the Contract to automatically renew or (2) reject the price increase, in which case, the Contractor will either continue providing the Goods with the same pricing or terminate the Contract for convenience with 6-months’ notice to EWEB, per Sections 12 and 13.

EWEB shall be given the immediate benefit of any price decrease. Contractor shall promptly notify EWEB's Purchasing Department of the amount and effective date of each decrease. Decreases shall apply to purchases on or after the effective date of the decrease.

SPECIFICATIONS / REQUIREMENTS

5. Schedule of Goods

An overview of the Goods required is contained in Attachment A - Schedule of Goods, attached and incorporated by reference into this Contract.

6. Specifications

Contractor shall deliver all Goods and Services specified under the Contract in accordance with the Specifications contained in Attachment A. Contractor’s failure to deliver Goods 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, 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, 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, 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 A – Schedule of Goods.

7. Addition/Deletion and Product Substitution of Goods.

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

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

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

PERFORMANCE

8. On-Time Delivery

a. All Goods shall be received by the Required Date specified on each purchase order issued. Additional detail regarding delivery is provided in Attachment A - Schedule of Goods.

b. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by Contractor, unless specified otherwise in the Contract.