ITB PW1151-22 Monofill Tarps - Fillable.docx

MARION COUNTY

INVITATION TO BID PW1151-22

OREGON BUYS #S-C25102-00003634

for Seasonal Removal and Installation of Monofill Cover at North Marion Transfer Station Release Date: July 7, 2022 Bid Due Date: 1:00 p.m. (PST) on July 22, 2022 CMS # PW1151-22 – Seasonal Removal and Installation of Monofill Cover at NMTS Page 1 of 15 Refer Questions to:

Chalyce MacDonald Phone number: (503) 566-4139 cmacdonald@co.marion.or.us

Submit Bids to:

PO_Contracts@co.marion.or.us Electronic copies of this ITB and attachments, if any, can be obtained from the Oregon Buys website https://oregonbuys.gov and search either of the numbers listed above within Bid Solicitations.

Table of Contents

INTRODUCTION

Marion County Public Works Department (County) is issuing this Invitation to Bid (ITB) to establish a Contract for Goods and Services.

The County is seeking bids from individuals, firms, teams or consultants, hereafter called “bidder(s),” with experience in lifting, maintenance and repair, and proposes to engage the successful Bidder for the services listed in the project description below.

All firms submitting bids are referred to as bidders in this document; after negotiations, the awarded Bidder will be designated as Contractor.

This project may be federally funded. Awarded bidder may be required to meet the federal provisions as stated within Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts under Federal Awards (See Exhibit 1).

County anticipates the award of one Contract resulting from this ITB.

BACKGROUND

Marion County Public Works operates an Ash Monofill adjacent to the North Marion Recycling and Transfer Station. During the dry, summer months, the County un-tarps and opens a portion of the monofill to accept ash from the Covanta Waste from Energy Facility. In mid-September, the County re-tarps the opened section of the monofill in advance of the wetter months in an effort to reduce the amount of leachate wastewater produced at the facility.

The County is now contracting for the service of acquisition and installation of replacement tarp for the opened section of the monofill, as well as removal and storage of tarping each Spring.

CONTRACT TERM

The initial term is anticipated to be 3 years with an option to renew up to 2 years.

SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. County may modify these dates at any time, with appropriate notice. All times are Pacific Standard Time (PST).

PRE-BID CONFERENCE

There will be no pre-bid conference for this ITB.

STATEMENT OF WORK/SPECIFICATIONS

Project Description:

Contractor will be responsible for the removal/installation of tarping and sandbags covering up to eight acres of the North Marion Ash Monofill located at 17827 Whitney Lane NE, Woodburn, OR 97071.

Unit price will include removal and storage of sandbags, rope, and tarping in the spring - as well as acquisition of new tarps (as needed) and deployment of coverage in the fall. On-site storage will be available for sandbags and tarps. Rope may be discarded.

Tarp must be 100’x100’ sections of black TX-1200 or equivalent, including all transportation, sand bags, rope, and other materials to successfully install the product. County will supply sand on-site to fill sandbags. Tarp installation will be completed in a 10-foot overlapping grid pattern.

Tarping sections must be maintained whole, folded for ease of redeployment. Care needs to be taken to prevent damage to tarps. Sandbags are currently deployed in a 10x10 ft grid and must be removed prior to tarp removal.

Contractor will supply all equipment and staff necessary to safely and effectively remove/install the tarp in a time-sensitive manner.

INSTRUCTIONS TO PROSPECTIVE BIDDERS

Bids are due at the County no later than the time and date set forth in the Section 4. Schedule of Events. Bids will be considered time-stamped and received by the County when they are received in the email inbox listed on the cover page. Email subject line shall be clearly marked with the ITB number:

PW1151-22 Seasonal Removal and Installation of Monofill Cover at NMTS Bidders must include their name and address and contact information in the body of the email. It is the Bidder’s responsibility to ensure that bids are received prior to the stated submission deadline and email address. The County shall not consider late offers, withdrawals or modifications, except as permitted by Marion County Public Contracting Rules.

The bid must include information responsive to items in Section 8. Bid Requirements (Minimum Responsiveness) set forth below. Bids shall be Microsoft 2003 compatible or searchable Adobe format and shall not be more than 50MB.

BID REQUIREMENTS (MINIMUM RESPONSIVENESS)

In order to be responsive, each bid will be reviewed for minimum responsiveness. Failure to meet minimum responsiveness may result in rejection of the bid. Each bid must comply with the Instructions to Prospective Bidders section and include the following to be considered minimally responsive:

Attachment 1 – Offerors Representations and Certifications Attachment 2 – Trade Secret Form (optional) Attachment 3 – Reference Form Attachment 4 – Bid Submittal Form

REFERENCES

Provide at least three (3) references (names, email addresses and current phone numbers) from recent projects similar in scope and size. Include a brief description of each project associated with the reference, and the role of the respective team member(s) who would be assigned to the project. Bidder must submit references using Attachment 3: Reference Form.

METHOD OF AWARD

County shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements of this ITB. If awarded, County must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. County may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

INTENT TO AWARD

After a final selection is made, County will issue a notice of Intent to Award on Oregon Buys. Bid files are public records and available for review at County by appointment.

CONTRACT EXECUTION

By submitting a Bid, bidder agrees to comply with the requirements of the ITB, including the terms and conditions of the Sample Contract for Services (Exhibit 1). Bidder shall review the attached Contract for Services and note exceptions. Unless bidder notes exceptions in its bid, the County intends to enter into a Contract for Services with the successful bidder substantially in the form set forth in Contract for Services (Exhibit 1). It may be possible to negotiate some provisions of the final Contract for Services; however, many provisions cannot be changed. Bidder is cautioned that the County believes modifications to the standard provisions constitute increased risk and increased cost to the County. Therefore, the County will consider the Scope of requested exceptions in the evaluation of bids.

Any bid that is conditioned upon the County’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the County’s Legal Counsel.

In the event that the parties do not reach mutually agreeable terms, the County may terminate negotiations and commence negotiations with the next highest ranking bidder.

Contractor shall not commence work under the Contract until the Contract has been executed and the County has provided the Contractor with the Notice to Proceed.

PROTEST AND APPEALS

A bidder may protest the award of a contract or the intent to award a contract, whichever comes first, if the conditions set forth in ORS 279B.410(1) are satisfied. The protest must be submitted via email to the Contracts and Procurement Manager at cschlag@co.marion.or.us within seven (7) days after issuance of the notice of intent to award the contract. Please mark the email subject line “Protest for PW1151-22 Seasonal Removal and Installation of Monofill Cover at NMTS”.

All letters of protest shall clearly identity the reasons and basis for the protest. The Contracts and Procurement Manager will issue a written disposition in a timely manner as set forth in ORS 279B.405(5) and 279B.410(4), which shall include the reason for the action taken and the process for appealing the decision. A bidder must file a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County’s contract award decision.

TERMS AND CONDITIONS

The Marion County Public Contracting Rules, found at http://www.co.marion.or.us/FIN/Pages/contracts.aspx, govern this ITB.

ITB Amendment, Cancellation and Right of Rejection.

The County reserves the unilateral right to amend this ITB in writing at any time by posting the addendum on the Oregon Buys website. The County may extend the deadline for submission of bids by written addendum. Bidders are responsible to view the website periodically for any addendum to the ITB. Bidders shall respond to the final written ITB, its exhibits and attachments, and all addenda. The County also reserves the right, in its sole discretion, to reject any and all bids or to cancel or reissue the ITB.

The County reserves the right, in its sole discretion, to waive minor informalities in bids provided such action is in the best interest of the County. Where the County waives minor informalities in bids, such waiver does not modify the ITB requirements or excuse the applicant from full compliance with the ITB. Notwithstanding any minor variance, the County may hold any bid to strict compliance with the ITB.

Confidentiality. The County will retain a master copy of each bid to this ITB, which becomes public record after the notice of intent to award unless the bid or specific parts of the bid can be shown to be exempt by law under ORS Chapter 192. If a bidder believes that any portion of its bid contains any information that is a trade secret under ORS 192.345 (2) or otherwise is exempt from disclosure under the Oregon Public Records Law, that bidder shall complete and submit the Attachment 2: Trade Secret Form and a fully redacted version of its bid.

Bidder is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law and identifying the bid as confidential, in whole or in part, as exempt from disclosure is not acceptable. County advises each bidder to consult with its own legal counsel regarding disclosure issues. If bidder fails to identify the portions of the bid that bidder claims are exempt from disclosure, bidder has waived any future claim of non-disclosure of that information.

Bidder Responsible for Incurred Costs. The County shall not be liable for any expenses incurred by bidder in both preparing and submitting its bid or contract negotiation process, if any.

Cooperative Purchasing. Pursuant to ORS 279A.205 thru 279A.215, other public agencies within the State of Oregon may use the purchase agreement resulting from this ITB unless the Bidder expressly notes in their bid that the prices quoted are available to the County only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with the successful bidder; the County accepts no responsibility for performance by either the successful bidder or such other agency using this agreement. With such condition, the County consents to such use by any other public agency within the State of Oregon.

LIST OF ATTACHMENTS

Attachment 1 – Offerors Representations and Certifications Attachment 2 – Trade Secret Form (optional) Attachment 3 – Reference Form Attachment 4 – Bid Submittal Form Exhibit 1 – Contract for Services

Attachment 1. Offeror Representations and Certifications OFFEROR NAME: _______________________________________________________________________________________________ ADDRESS: _____________________________________________________________________________________________________

CERTIFICATION/LICENSE NUMBER: _____________________________________________________________________________ The undersigned further acknowledges, attests and certifies individually and on behalf of the Bidder that:

That this bid is, in all respects, fair and without fraud; that it is made without collusion with any official of the county; and that the bid is made without any collusion with any person making another bid on this Contract.

Information and prices included in this bid shall remain valid for ninety (90) days after the bid due date or until a Contract is approved, whichever comes first.

The Bidder acknowledges receipt of all Addenda issued under the ITB.

The Bidder certifies that it does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap, financial ability, age or other non-job-related factors as per ORS 659 and USC 42 2000e.

The Bidder, acting through its authorized representative, has read and understands all ITB instructions, specifications, and terms and conditions contained within the ITB and all Addenda, if any;

The Bidder agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the ITB, including all Addenda, if any;

The bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

The Bidder agrees that if awarded the Contract, Bidder shall be authorized to do business in the State of Oregon at the time of the award;

The signatory of this Offeror Representations and Certification Form is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this bid document and all Addenda, if any, issued, and to execute this bid document on behalf of Bidder.

By signature below, the undersigned Authorized Representative hereby certifies on behalf of Bidder that all contents of this Offeror Representations and Certification Form and the submitted bid are truthful, complete and accurate. Failure to provide information required by the ITB may ultimately result in rejection of the bid.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS - The Offeror certifies to the best of its knowledge and belief that neither it nor any of its principals:

1. Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from submitting bids or bids by any federal, state or local entity, department or agency;

1. Have within a five-year period preceding the date of this certification been convicted of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

1. Are presently indicted for or otherwise criminally charged with commission of any of the offenses enumerated in item number 2 of this certification;

1. Have, within a five-year period preceding the date of this certification had a judgment entered against contractor or its principals arising out of the performance of a public or private contract;

1. Have pending in any state or federal court any litigation in which there is a claim against contractor or any of its principals arising out of the performance of a public or private contract; and

1. Have within a five-year period preceding the date of this certification had one or more public contracts (federal, state, or local) terminated for any reason related to contract performance.

Where Offeror is unable to certify to any of the statements in this certification, Offeror shall attach an explanation to their offer. The inability to certify to all of the statements may not necessarily preclude Offeror from award of a contract under this procurement.

IF THE BID IS MADE BY A JOINT VENTURE, IT SHALL BE EXECUTED BY EACH PARTICIPANT OF THE JOINT VENTURE.

THIS OFFER SHALL BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY ALTERATIONS OR ERASURES TO THE OFFER SHALL BE INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED REPRESENTATIVE.

SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE FOR ALL SECTIONS:

Authorized Signature: __________________________________________________________ Print Name: __________________________________________________________________ Title: ________________________________________________________________________ Contact Person (Type or Print): ___________________________________________________ Telephone Number: (___) _____________________ Email Address: ______________________________ The Offeror will notify the County representative on the cover page of this ITB within 30 days of any change in the information provided on this form.

Attachment 2: Trade Secret Form I am an authorized representative of the Bidder, I have knowledge of the Invitation to Bid referenced herein, and I have full authority from the Bidder to submit this Trade Secret Form and accept the responsibilities stated herein.

I am aware that the Bidder has submitted a Bid, dated on or about July 7, 2022 (the “Bid”), to Marion County in response to Invitation to Bid PW1151-22, for Seasonal Removal and Installation of Monofill Covering at NMTS and I am familiar with the contents of the ITB and Bid.

I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.431, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Bid is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

I have reviewed the information contained in the Bid. The Bidder believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

is not patented, is known only to certain individuals within the Bidder’s organization and that is used in a business the Bidder conducts, has actual or potential commercial value, and gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and Is the subject of efforts by the Bidder that are reasonable under the circumstances to maintain its secrecy.

I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Authorized Representative Signature Bidder identifies the following information as exempt from public disclosure:

Attachment 3: Reference Form Bidder must provide references that can be contacted regarding the quality of workmanship and service provided to current and past customers.

Project Reference #1 Name of Project: _______________________________________________________________ Project Location: _______________________________________________________________ Project Date: __________________________________________________________________ Firm Name for Contact Person #1: _________________________________________________ Name of Contact Person #1: ______________________________________________________ Telephone Number for Contact Person #1: __________________________________________ Email Address for Contact Person #1: ______________________________________________ Project Reference #2 Name of Project: _______________________________________________________________ Project Location: _______________________________________________________________ Project Date: __________________________________________________________________ Firm Name for Contact Person #1: _________________________________________________ Name of Contact Person #1: ______________________________________________________ Telephone Number for Contact Person #1: __________________________________________ Email Address for Contact Person #1: ______________________________________________ Project Reference #3 Name of Project: _______________________________________________________________ Project Location: _______________________________________________________________ Project Date: __________________________________________________________________ Firm Name for Contact Person #1: _________________________________________________ Name of Contact Person #1: ______________________________________________________ Telephone Number for Contact Person #1: __________________________________________ Email Address for Contact Person #1: ______________________________________________ The references will be used to confirm the selection rather than as an evaluation criterion. However, if several bidders are close in the final evaluation, references may be used to select the best evaluated bidder.

Attachment 4: Cost Bid Submission Form

image1.emf