Request for Quotes for Plant Storage Services.pdf

Gds9/18 Request for Quotes

CLEAN WATER SERVICES

REQUEST FOR QUOTES FOR

PLANT STORAGE SERVICES

Clean Water Services (District) is interested in leasing between 5,000 and 7,000 square feet of cooler space for the purpose of bareroot plant storage and distribution (Plant Cooler). The preferred lease term would be September 20 through March 31 of 2025-2026, with the option to renew the lease for up to four additional six-month periods (2026-2027, 2027-2028, 2028-2029 and 2029-2030) at the monthly pricing submitted by the contractor with the highest scoring quote in response to this Request for Quotes (RFQ). The preferred location would be within 10 miles of 4490 SW Minter Bridge Rd, Hillsboro OR, 97123.

Submission Instructions

Contractors must complete and submit the following in one email to Marcela Erceg, Procurement Specialist, at ErcegM@CleanWaterServices.org by 5:00 p.m. on Monday, June 16, 2025 (Deadline):

1. Attachment 3: Quote Form

2. Attachment 4: Bid Table -Unit Pricing

The subject line of your email must include the following words: “Quote for Plant Storage Services”. Any Quotes received after the Deadline will not be considered. It is the Contractor’s responsibility to ensure District receives their Quote by the Deadline. Contractors may want to contact District to confirm their Quote was received. The Quote arrival date and time will be when the message with the Quote arrives at Marcela Erceg’s email inbox (final destination) and not at any intermediate system.

Description of Services Needed

Each year, roughly 800,000 plants, representing around 72 different species, will be delivered to the selected plant storage facility in October to early January and distributed to revegetation contractors through March 31 each year. The District must have access to the refrigeration unit at all times during the lease term. Access to Wifi at the storage facility is preferred but not required. The services needed are further described in the Scope of Work in Attachment 1 (Exhibit A to the Contract).

The public contract to be awarded does not involve asbestos abatement work, and contractors quoting on this public contract are not required to be licensed with the Department of Environmental Quality pursuant to ORS 468A.710.

Quote Instructions

Contractors must complete and submit the following for their Quote to be considered responsive:

mailto:ErcegM@CleanWaterServices.org

1. Attachment 3: Quote Form.

District included Attachment 3 as a fillable PDF. Read the instructions in Attachment 3 and submit with your Quote.

2. Attachment 4: Bid Table - Unit Pricing.

Complete Attachment 4 in accordance with the instructions below. Please note you must use Microsoft Office Excel to complete the Bid Table. Attachment 4 contains the following sections:

a. Cooler space-price per square foot per month for Fiscal Year 2026, 2027, 2028, 2029 and 2030. If storage organization equipment is available, include the use of that in your pricing.

b. Forklift rental, if offered (will not be evaluated).

Quote Conditions

The Contractor selected will be required to sign a Contract in the form attached as Attachment 2. Review Attachment 2 before submitting a Quote. Submission of a Quote constitutes acceptance of the terms in Attachment 2 and the terms are not negotiable.

Contractor Selection Criteria

The District will award a Contract to the responsive and responsible Contractor that will best serve the interests of the District. Quotes will be evaluated on the following criteria:

Quote Criteria (breakdown of the total percentage is included above)

Total Percentage

Location 5% Lease Timing and Length 10% Facility Suitability 35% References 10% Price 40%

Communication Procedures

The requirements of this section are intended to ensure the fair and equal treatment of all quoting Contractors. Until District has decided who to award the Contract to, Contractors are prohibited from contacting District, its Board or its employees for marketing or solicitation purposes related to this Quote.

Disregard of the requirements of this section will result in the disqualification of the Contractor.

Questions received less than three business days before the Quote due date will be answered at District’s discretion.

Contractor Responsibility

Following receipt of Quotes, District will meet with the Contractor selected to ensure the Contractor is capable of meeting the requirements of the Contract. The Contractor will be required to demonstrate that it has, or has readily available access to, adequate facilities and sufficient equipment to perform the Contract.

Confidential or Proprietary Information

Following the award of a Contract, responses to this RFQ are subject to release as public information unless the response or specific information contained therein is identified as exempt from public disclosure. Contractor is advised to consult with legal counsel regarding disclosure issues.

If a Contractor believes that any portion of its Quote contains any information that is considered a trade secret or otherwise is exempt from disclosure under Oregon Public Records Law, the Contractor must include the following on each page containing such information:

“This data is exempt from disclosure under Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law.”

Identifying the Quote, in whole, as exempt from disclosure is not acceptable. Contractor is cautioned that cost information submitted in response to a RFQ is generally not considered a trade secret under Oregon Public Records Law. By signing the Certification Form as part of your Quote, you are certifying that you have designated any data that is considered a trade secret or confidential information and should be exempt from disclosure. Undesignated data may be released to any person submitting a public records request.

District’s Right to Cancel, Delay or Suspend

District reserves the right to cancel this solicitation or reject any or all Quotes, for good cause, upon a finding by District that it is in the public interest to do so. District also reserves the right to determine which Quote is, in the District's judgment, the lowest responsible Quote and to waive insignificant mistakes in any Quote that can be waived or corrected without prejudice to other Contractors.

Quotes Not a Basis for Obligations

This RFQ does not constitute an offer to contract and does not commit the District to award a Contract to anyone, or to pay any costs incurred to prepare and submit Quotes.

Clarifications/Addenda

All questions regarding this RFQ should be addressed to Marcela Erceg by email to ErcegM@cleanwaterservices.org. If necessary, interpretations or clarifications that are deemed in District’s discretion to be pertinent to all parties in response to questions received will be sent to all parties. Changes to the RFQ will only be made by Addendum. District will email Addenda to Contractors that have been sent this RFQ. Oral and other interpretations or clarifications will be without legal effect.

General

Quotes received after the time established for receiving Quotes will not be considered. No Quotes may be withdrawn after the time established for receiving Quotes, unless the Contractor can show an error that is not minor or clerical and not a judgment error. Quotes are binding and irrevocable for a period of 90 calendar days from the date of the Quote opening.

Dated: May 21, 2025

Gds9/18 Attachment 1 – Scope of Work and Special Terms and Conditions

ATTACHMENT 1

(EXHIBIT A TO THE CONTRACT)

SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS

I. SCOPE OF WORK

Contractor will provide all services at the Contractor’s facility located at to be determined.

Contractor will provide an empty refrigerated cooler with approximately 5,000 to 7,000 square feet of space (Plant Cooler) between September 20 (preferred) and March 31 of each year. The cooler square footage may be in one cooler or two separate coolers, depending on the layout of the Contractor’s space and the needs of the District. The Plant Cooler(s) must be equipped with an automatic compressor shutoff and operate at a consistent temperature of 33-34 degrees Fahrenheit. Contractor will maintain the cooling system in working condition for the duration of the Contract.

IV. PAYMENT

District will pay Contractor for the Lease of the Plant Cooler(s) at the rates shown in the compensation table herein.

Contractor will invoice District monthly for the Plant Cooler space used. Contractor invoices must include the following information: Contractor Name, Invoice Number, Invoice Date, Completion Date, Unit, Rate, Number of Units, Extended Price, Invoice Total, and Contract Balance. District will have 30 days after receipt of Contractor's invoice in which to make payment.

Gds9/18 Attachment 2- Contract

ATTACHMENT 2

CONTRACT

FOR PLANT STORAGE SERVICES

This Contract for Plant Storage Services (Contract), dated effective _____________________________, is between Clean Water Services (District) and to be determined (Contractor).

RECITALS

1. District is in need of refrigerated storage space between September 20 and March 31 of 2025-26.

2. Contractor represents that Contractor has sufficient space to meet District’s needs at the Contractor’s facility located at to be determined (Plant Cooler).

3. District and Contractor wish to enter into a Contract for Contractor to provide these services for a period of one year with an option to renew the Contract for up to four-additional, six-month periods (2026-2027, 2027-2028, 2028-2029 and 2029-2030).

TERMS AND CONDITIONS

1. Description

Contractor will provide the services described in Exhibit A, Scope of Work and Special Terms and Conditions, attached hereto and incorporated herein. Contractor’s services will be performed with the same degree of care, skill, diligence, competency, and knowledge that is ordinarily exhibited and possessed by other providers of such services in good standing in the same or similar field and community as Contractor.

In performing the services, Contractor will be an independent contractor and not an employee of District. District will have the right to verify that Contractor’s performance meets the requirements of this Contract but will not have the right to control the manner of Contractor’s or Contractor’s subcontractors’ performance.

No provision of this Contract will be construed to create a partnership, joint venture, employer-employee, landlord-tenant or principal-agent relationship.

2. Price/Payment

District will pay Contractor for Contractor’s services as specified in Exhibit A.

Interest will not begin to accrue on Contractor’s invoice until after the due date for payment set forth herein.

In the event of a dispute concerning the amount due under any invoice, District may withhold the disputed amount without incurring interest or other charges pending the outcome of the dispute.

District will have the right to examine Contractor’s business records to verify the accuracy of Contractor’s billing statements. The right of inspection will extend to all documents necessary to permit adequate evaluation of the billing data submitted.

3. Interference with Performance If at any time Contractor believes that District is in any way hindering, delaying or interfering with Contractor’s performance, Contractor will promptly inform District in writing and will describe in detail the way in which Contractor believes that such hindrance, delay or interference is occurring. Contractor’s failure to promptly inform District in writing will operate as a waiver of Contractor’s right to assert claims or defenses based upon the hindrance, delay or interference. The terms of this paragraph will not apply to District’s suspension of the work pursuant to Paragraph 7 herein.

4. Changes in Work Subject to the requirements of this section, District will have the right to request work outside the scope of this Contract and to cancel a portion of the work at any time. District will pay Contractor an amount to be agreed upon by the parties for all additional work.

District will pay Contractor a reduced amount to be agreed upon by the parties in the event District cancels work. District will not be liable for profits lost due to cancelled work.

Contractor will perform no work outside the scope of this Contract until the parties have signed an amendment that describes the work and contains the terms of payment.

Contractor will not be entitled to payment for work outside the scope of this Contract unless the parties signed such an amendment before Contractor performed the work. All work performed in the absence of such an amendment will be considered within the scope of the Contract.

5. Time of Performance Time is of the essence in the performance of this Contract. Contractor will complete all work in accordance with the schedule in Exhibit A. This Contract will become effective Month, DD, YYYY and run through Month, DD, YYYY unless terminated earlier pursuant to Paragraph 10 or renewed as allowed herein. District will have the option to renew the Contract for up to two additional four-month periods as long as the total amount paid under the Contract does not exceed $250,000. The parties will enter into an Amendment to this Contract for any renewal period.

6. Excusable Delays Neither District nor Contractor will be responsible for or liable for damages resulting from delays due to causes beyond their reasonable control, including, but not limited to, acts of God, acts or omissions of governmental authorities, strikes, lockouts, acts of the public enemy, wars, blockades or civil disturbances. In the event of such a delay, the completion date for Contractor’s services will be extended for a period equal to the length of the delay. Contractor will notify District in writing not more than ten days after the occurrence of any event that Contractor believes will result in such a delay. The failure of Contractor to provide such notice will result in a waiver of Contractor’s right to claim that the delay is excusable.

7. Suspension of Work

District may suspend the work at any time by delivering written notice to Contractor. In the event District suspends the work for reasons that are not the fault of Contractor, Contractor will be allowed an increase in the amount payable to Contractor that is equal to the increase in Contractor’s expenses resulting from the suspension. Such expenses must be reasonable, customary and actually incurred. District will not be liable for profits lost due to suspension of work.

8. Indemnity/Hold Harmless

To the fullest extent permitted by law, Contractor will indemnify, hold harmless, reimburse and defend District, District’s officers, employees, agents and representatives from and against all claims, demands, penalties, and causes of action of any kind or character, including the cost of defense thereof, including attorney fees at trial and on appeal, arising out of, or resulting from Contractor’s performance of this Contract, but only to the extent caused by the breach of this Contract or the negligent acts or omissions of Contractor, any lower-tier Contractor, or any individual or entity directly or indirectly employed by any of them to perform under this Contract, or anyone for whose acts any of them may be liable.

9. Insurance

Neither Contractor nor any subcontractor will commence work under this Contract until Contractor has obtained all the insurance required herein and submitted a certificate of insurance to District. Contractor will maintain the insurance for the duration of this Contract. Review of the insurance by District will not relieve or decrease the liability of Contractor. The insurance certificate will provide for thirty days advance written notice to District’s Project Manager prior to cancellation. Clean Water Services, its directors, officers, employees, agents and volunteers must be listed as additional insureds on any policy satisfying the requirements of items B and C below. The following minimum insurance is required:

c. Workers compensation in the amount required by Oregon law, and employers liability insurance in the amount of $1,000,000.

d. Business automobile liability insurance in the amount of $1,000,000 per occurrence.

e. Commercial general liability in the amount of $1,000,000 combined single limit per occurrence and a $2,000,000 Annual Aggregate limit. If Contractor’s primary Commercial General Liability and Automobile coverages do not meet the minimum limits required above, Contractor will maintain during the life of this Contract, Excess or Umbrella Liability over the primary policies sufficient to meet the total aggregate limits required by this Contract.

10. Termination

District may terminate this Contract without cause at any time prior to the completion of delivery. In the event of such termination, District’s liability to Contractor will be limited to the reasonable value of work performed by Contractor and the reimbursement of reasonable expenses incurred by Contractor prior to the time Contractor received District’s notice of termination. In no event will District’s liability exceed the purchase price of the goods. In the event of such termination, District will be entitled to all materials, work in progress and completed work included in computing the value of work performed and reasonable expenses.

District may terminate this Contract at any time prior to District’s acceptance if Contractor has breached this Contract and has not cured the breach within five days after receiving District’s written notice of breach.

11. Compliance with Applicable Laws

Contractor will keep itself fully informed of and comply with all federal, state and local laws, regulations and ordinances applicable to this Contract, as those laws, regulations and ordinances may be adopted or amended from time to time. These laws, regulations and ordinances including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235, and 279B.270, are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be incorporated. All permits, licenses, and fees necessary to prosecute and complete the work will be secured and paid for by Contractor unless otherwise specified by District.

12. Tax Law Compliance

Contractor will pay all taxes, including federal, state, regional, county, and city taxes, and taxes of any other governmental entity, applicable to the services performed or materials provided under this Contract. Contractor represents, warrants and covenants that Contractor has complied with, and agrees that during the term of this Contract will comply with Oregon Tax Laws and applicable tax laws of political subdivisions of this State including, but not limited to, ORS 305.620 and ORS chapters 316, 317 and 318.

Contractor’s failure to comply with Oregon Tax Laws or the applicable tax laws of political subdivisions of this State for the six years prior to the date Contractor executes this Contract or the period of time Contractor has been in business, whichever is less, or during the term of the Contract is a default for which District may terminate the Contract and seek damages and other relief available under the terms of the Contract or under applicable law.

13. No Contingent Fees

Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor any fee or consideration of any kind, contingent upon or resulting from the award or making of this Contract. In the event Contractor breaches the warranty contained in this paragraph, District will have the right to deduct from the Contract price or otherwise recover the full amount of such fee or consideration.

14. Amendments/Waivers

No waiver of any portion of this Contract and no amendment, modification or alteration of this Contract will be effective unless in writing and signed by Contractor’s authorized representative and District’s Chief Executive Officer or designee and, when required by applicable District rules, approved by District’s Board of Directors.

15. Third Party Beneficiaries

No provision of this Contract will in any way inure to the benefit of any third person so as to constitute any such person a third party beneficiary of this Contract or of any one or more of the terms of this Contract, or otherwise give rise to any cause of action in any person not a party to this Contract.

16. Attorney Fees

If any dispute arises concerning the interpretation or enforcement of this Contract or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Contract), the prevailing party in any such dispute will be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non-prevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal.

17. Interpretation of Contract

This Contract will not be construed for or against any party by reason of the authorship or alleged authorship of any provision.

In case of a conflict between the provisions contained in Exhibit A and this document, the provisions in Exhibit A will have precedence.

The paragraph headings contained in this Contract are for ease of reference only and will not be used in constructing or interpreting this Contract.

18. Severability/Survival

If any of the provisions contained in this Contract are held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest will survive the termination of this Contract for any cause.

19. Choice of Law/Venue

This Contract and all rights, obligations and disputes arising out of the Contract will be governed by Oregon law, including the Uniform Commercial Code as adopted by the State of Oregon. All disputes and litigation arising out of this Contract will be decided by the state courts in Oregon. Venue for all disputes and litigation will be in Washington County, Oregon.

20. Integration

This Contract constitutes the entire Contract between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade will be relevant to supplement any term used in this Contract. Acceptance or acquiescence in a course of performance rendered under this Contract will not be relevant to determine the meaning of this Contract and no waiver by a party of any right under this Contract will prejudice the waiving party’s exercise of the right in the future.

21. Electronic Signature

This Contract may be executed in several counterparts, each of which will be an original, all of which will constitute one and the same instrument. An electronic signature will be considered an original. The individuals signing this Contract certify that they are authorized to execute this Contract on behalf of Contractor and District, respectively.

CONTRACTOR NAME CLEAN WATER SERVICES

By:

By:

Title:

Chief Executive Officer or Designee

Gds9/18 Exhibit A – Scope of Work and Special Terms and Conditions

EXHIBIT A

SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS

See Attachment 1

Gds9/18 Exhibit B – Unit Prices

EXHIBIT B

UNIT PRICES

(Will insert Bid Table from successful Contractor).