RFQ for Pump Services~1.pdf

COVER PAGE

Wasco County Soil & Water Conservation District

2325 River Road, Suite 3 The Dalles, OR 97058

Request for Quote (RFQ)

Pump Services

Intermediate Solicitation Bid

Submit your Offer information by 2:00 PM Pacific Time on September 18, 2024

Single Point of Contact (SPC): Drake Gilbert, Watershed Coordinator 2325 River Road, Suite 3 The Dalles, OR 97058

(541) 296-6178 x117 Questions Email: drake.gilbert@or.nacdnet.net

1. Overview

This request for quote (RFQ) is issued by the Wasco County Soil and Water Conservation District (SWCD) to seek Offers for the purchase, delivery, and installation of 3 pumps in new wells that have been drilled in the Mosier Well Repair / Decommission Replace project.

mailto:drake.gilbert@or.nacdnet.net

2. Equipment Specifications

When known, the Wasco County SWCD will include specific recommendations for the requested equipment. Offeror may use these specifics as guidance to confirm that their alternative brand/pump specifications match the SWCD requirements. Initial quotes may be based on designs for new wells under construction. Offeror is encouraged to call the SWCD Point of Contact to set up a call for Q&A and discussion with our contracted well driller.

a. Pump Specifications

Pump components and all additional accessories must be configured for the USA. Pumps must be sized appropriately for each well and intended use.

PLEASE SEE ATTACHMENT F FOR WELL DESIGNS AND/OR AS-BUILT DRAWINGS.

• Well 12 does not need pump service but is included because it is shown on the as-built drawings with Well 13.

• Well 13 is an irrigation well and the pump must be designed to meet the irrigation system requirements.

• Well 32 is a domestic well and is under construction. A schematic showing the new well design is included.

• Well 79 is a domestic well and is yet to be constructed. A schematic showing the new well design is included.

3. Mandatory Requirements

This project is funded with American Rescue Plan Act (ARPA) Funding. Please refer to Attachment A – ARPA /SLFRF Required Contract Clauses for all mandatory requirements.

4. Cancellation and/or Rejection of Offers Pursuant to ORS 279B.100, SWCD may reject any or all Offers in whole or in part, and may cancel this RFQ at any time when the rejection or cancellation is in the best interest of the

SWCD.

SWCD, and their officers, employees and contractors are not liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this RFQ, or rejection of any or all Bids. Unless SWCD cancels this RFQ prior to the Closing identified in Section 9, all Bids will become part of the public record without obligation to SWCD.

5. Procurement Process The RFQ, including all Amendments and attachments, are published in the OregonBuys e-procurement system. RFQ documents may be mailed to prospective Offerors on request.

Wasco SWCD shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the RFQ by this reference.

6. Public Records

The information received shall be kept by Wasco SWCD and made a part of a file or record, which will be open to public inspection. If respondents believe any of its RFQ response is exempt from disclosure under Oregon Public Records law (ORS 192.311 through 192.478), respondent shall complete and submit the Affidavit of Trade Secret (Attachment B) an submit a fully redacted version of its information, clearly identified as the redacted version.

Identifying the Response in whole as exempt from disclosure is not acceptable. If submitter fails to identify the portions of the Response which submitter claims are exempt from disclosure, submitter is deemed to have waived any future claim of non-disclosure of that information.

7. Award Determination Wasco SWCD will be reviewing responses for the offer that will best serve the interests of the contracting Agency. Award determination will be based upon price as well as considerations, including but not limited to, contractor responsibility under ORS 279B.110 and availability. Time is of the essence in restoring water sources to participating well owners. The SWCD reserves the right not to award a contract if it is in the best interest of the SWCD.

8. Solicitation Terms

a. All pricing must be held firm for 90 days.

b. Protests will not be entertained.

c. SWCD may require clarification to understand any response.

d. SWCD reserves the right to accept any offer or any part or to reject any or all offers.

Submission of an offer does not constitute an agreement between the SWCD and Offeror, nor does it secure or imply that Offeror will be selected.

9. Other Required Information

a. Tax Identification Number:

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by SWCD (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

SWCD will not execute the Contract until SWCD has a properly completed W-9.

b. Business Registry:

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

c. Contractor must be registered in SAM.gov. - The Contractor shall register in the System for Award Management (SAM), which is the primary registrant database for the U.S.

Federal Government and shall update the information at least annually after the initial registration and maintain its status in the SAM through the Term of this Agreement.

Information regarding the process to register in the SAM can be obtained at Sam.gov

10. Attachments:

a. Attachment A – ARPA /SLFRF Required Contract Clauses

b. Contractor Data and Tax Certification

c. Certification Statement for Independent Contractor

d. Insurance Provisions

Attachment A

ARPA/SLFRF Requ ired Con tract Clauses

Purpose: The purpose of this reference is to assist ARPA grant award recipients by summarizing required contract clauses consistent with the federal Uniform Guidance requirements that are applicable to the State and Local Fiscal Recovery Funds (SLFRF) program as part of the American Rescue Plan Act (ARPA).

As described in this document a “recipient” is a recipient of an APRA funded grant award from Business Oregon.

The SLFRF awards are generally subject to the requirements set forth in the The Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly called "Uniform Guidance"). The “Uniform Guidance” is the set of federal rules (administrative requirements, cost principles, and audit guidelines) that apply to federal money.

This includes requirements such as the treatment of eligible uses of funds, procurement, and reporting requirements. Please see the SLFRF Compliance and Reporting Guidance page 12 for full Award terms and conditions.

It is the recipient’s responsibility to ensure all SLFRF award funds are used in compliance with these requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply – for example, additional restrictions imposed upon other sources of funds used in conjunction with SLFRF award funds, or statutes and regulations that may independently apply to water and sewer infrastructure projects.

Con tract Clause Ch eck lis t Direction s :

Appendix II of 2 CFR 200 (The Uniform Guidance) outlines the contract provisions that you must place in contracts with your contractors, and in contracts with subrecipients (if any). The checklist below contains these standard clauses for inclusion in contracts needed to utilize ARPA funds.

Clauses for All Con tracts :

Creating a contract that complies with ARPA requirements must include the below sections as verbatim:

☐ Contractor must be registered in SAM.gov. - The Contractor shall register in the System for Award Management (SAM), which is the primary registrant database for the U.S. Federal Government and shall update the information at least annually after the initial registration and maintain its status in the SAM through the Term of this Agreement. Information regarding the process to register in the SAM can be obtained at Sam.gov https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200 https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf#page=12 https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf#page=12 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200

☐ Whistleblower - Contractor receiving ARPA funds shall under or through this contract post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR §

1614.703 (d).

☐ Inspections; Information - Contractor shall permit, and cause its subcontractors to allow the State of Oregon, the federal government and any party designated by them to:

• Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project.

• Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested.

• Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project.

☐ Equal Opportunity - Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).

☐ Copeland “Anti-Kickback” Act - Contractor shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

☐ Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

☐ Prohibition on purchasing telecommunications or surveillance equipment, services, or systems. As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Prohibitions extend to the use of Federal funds by recipients and subrecipients to enter into a contract with an entity that “uses any equipment, system, or service that uses covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list.

☐ Preference to United States made goods. - As appropriate and to the extent consistent with law, the contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Addition a l Clauses for Con tracts Over $10,000:

Creating a contract over $10,000 that complies with ARPA requirements must include the additional below sections as verbatim:

☐ Procurement of recovered materials over $10,000. - The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

☐ Termination for cause and for convenience - Contractor shall address termination for cause and for convenience, including the manner by which it will be affected and the basis for settlement.

The Contract Owner shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. The Contract Owner shall exercise this option by giving Contractor written notice of termination. The notice shall specify the date on which termination shall become effective.

Addition a l Clauses for Con tracts Over $100,000:

Creating a contract over $100,000 that complies with ARPA requirements must include the additional below section(s) as verbatim:

☐ Certification form located in Appendix I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

☐ Note: Only include for contracts that involve the employment of mechanics or laborers. The Contract Work Hours and Safety Standards Act requires all contractors—prime and sub—to pay laborers and mechanics performing on a federal service contract and federal and federally assisted construction contract over $100,000, 1.5 times their basic rate of pay for all hours worked over 40 in a workweek.

Employers are liable to employees for these unpaid wages. The failure of a contractor to comply with this Act may also result in liability under the False Claims Act. Employees who are due unpaid wages under the Contract Work Hours and Safety Standards Act may file a complaint with the Wage and Hour Division within the U.S. Department of Labor. The DOL may then enforce the provisions of the Act against violators.

Addition a l Clauses for Con tracts Over $150,000:

Creating a contract over $150,000 that complies with ARPA requirements must include the additional

☐ Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Addition a l Clauses for Con tracts Over $250,000 (th e s im plified acqu is ition th resh old as of 2022):

Creating a contract over $250,000 that complies with ARPA requirements must include the additional

☐ Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Upon any breach of this Agreement by Contractor, the Contract Owner shall have all remedies available to it both in equity and/or at law.

Attachment B

CONTRACTOR DATA AND TAX CERTIFICATION

By signature on this Agreement, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned’s knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS

401.792 to 401.816 (Tax for Emergency Communications), 118 (Inheritance Tax), 314 (Income Tax), 316 (Personal Income Tax), 317 (Corporation Excise Tax), 318 (Corporation Income Tax), 323 (Cigarettes and Tobacco Products Tax), and the elderly rental assistance program under ORS 310.630 to 310.706; and any local taxes administered by the Department of Revenue under ORS 305.620.

Federal Tax Number

Oregon Tax Number

CONTRACTOR signature date

Attachment C

CERTIFICATION STATEMENT FOR INDEPENDENT CONTRACTOR

(Contractor completes if Contractor is not a corporation or is a professional corporation.)

A. CONTRACTOR IS INDEPENDENT CONTRACTOR.

Contractor certifies he/she meets the following standards:

1. I am registered under ORS chapter 701 to provide labor or services for which such registration is required.

2. I have filed federal and state income tax returns in the name of my business or a business Schedule C as part of the personal income tax return, for the previous year, or expect to file federal and state income tax returns, for labor or services performed as an independent contractor in the previous year.

3. I will furnish the tools or equipment necessary for the contracted labor or services.

4. I have the authority to hire and fire employees who perform the labor or services.

5. I represent to the public that the labor or services are to be provided by my independently established business as four (4) or more of the following circumstances exist. (Please check four or more of the following:)

A. The labor or services are primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence, which is set aside as the location of the business.

B. Commercial advertising or business cards are purchased for the business, or I have a trade association membership;

C. Telephone listing is used for the business that is separate from the personal residence listing.

D. Labor or services are performed only pursuant to written contracts.

E. Labor or services are performed for two or more different persons within a period of one year.

F. I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.

Contractor Signature Date

B. SWCD APPROVAL.

ORS 670.600. Independent Contractor Standards. As used in various provisions of ORS chapters 316, 656, 657 and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an “independent contractor” if the standards of this section are met. SWCD certifies the contracted work meets the following standards:

1. The Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results.

2. The Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances.

3. The Contractor furnishes the tools or equipment necessary for the contracted labor or services.

4. The Contractor has the authority to hire and fire employees to perform the labor or services.

5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer.

SWCD Signature Date

Invoices for this Work Order shall be sent to:

Shilah Olson District Manager

2325 River Road, Suite 3 The Dalles OR 97058

CONTRACTOR, YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO NECESSARY

APPROVALS.

SWCD may terminate this Work Order:

a. Immediately upon written notice if SWCD fails to receive funding for the project.

b. Upon receiving a written Termination Notice from the Applicant.

Contractor will be paid for all work performed up to the time of the written Termination Notice but not to exceed the total amount of this Work Order.

ACCEPTANCE OF TERMS BY CONTRACTOR

Name

Signature Date

APPROVED BY SWCD

Name / Title Date Wasco County Soil and Water Conservation District

Attachment D

INSURANCE PROVISIONS

INSURANCE

Contractor shall obtain at Contractor’s expense the insurance specified in this section prior to performing under this Contract and shall maintain it in full force and at its own expense throughout the duration of this Contract. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in this state and that are acceptable to agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

1. Required of Contractors with one or more workers, as defined by ORS 656.027. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers.

2. Professional Liability insurance with a combined single limit or the equivalent, of not less than $1,000,000 for each claim, incident or occurrence. This is to cover damages caused by error, omission, or negligent acts related to the professional services to be provided under this contract. Any deductible shall not exceed $50,000 each claim, incident, or occurrence;

3. General Liability insurance with a combined single limit, or the equivalent, of not less than $3,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that the State of Oregon, the District, and their divisions, officers, and employees are Additional Insureds but only with respect to the Contractor's services to be provided under this contract;

4. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or non-owned vehicles, as applicable;

5. There shall be no cancellation, material change, reduction or limits, or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor's insurer(s) to the District;

6. As evidence of the insurance coverage required by this Contract, the Contractor shall furnish acceptable insurance certificates to the District prior to its issuance of a Notice to Proceed. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to State acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the District. The Contractor shall be financially responsible for all pertinent deductibles, self-insurance retention, and/or self-insurance.

7. Contractor agrees to periodic review of insurance requirements by SWCD under this agreement and to provide updated requirements as mutually agreed upon by Contractor and SWCD.

Attachment E

Wel l Schemat ics

See attached schematics for Wells 13, 32, and 79. Please note that Well 12 (shown on drawings with Well

13) does not need pump services.

Mosier Well Replacement Design:

Well 32, WASC 51123/51649

Domestic Well

FIGURE X

Y:\0397_Wasco_Cty_SWCD\Source_Figures\013_Mosier_Commingling_Well

NOTES

bgs: below ground surface SWL: static water level TD: total depth

GEOLOGY

GLACIOFLUVIAL

DEPOSITS

12-inch Borehole

SWL 30’ bgs 09/01/2000

Cement seal 6-inch Casing

10-inch Borehole

6-inch Casing

6-inch Open Borehole

TD = 265’ TD = 265’

Cement seal

6-inch Open Borehole

POMONA

BASALT

SELAH

INTERBED/

PRIEST RAPIDS

PRIEST RAPIDS

ROSALIA

Depth (feet bgs)

CURRENT WELL

CONSTRUCTION

NEW WELL

CONSTRUCTION

SWL 94’ bgs 10/04/2007

(Post-deepening)

SWL 135’ bgs 09/25/2007

(Pre-deepening)

35’

145’