PW1179-22 Page 1 of 29

REQUEST FOR QUOTE PW1179-22

Release Date: August 10, 2022

The Marion County Public Works Department is soliciting written quotes from vendors for: The provision and installation of a new leak detection and tank monitoring system, equivalent to the Franklin Fueling EVO 200/400 Series Tank Monitoring system.

Please email quotes to:

Marion County Public Works Department Attn: Tim Beaver Email: tbeaver@co.marion.or.us (503)365-3100

DUE DATE: To be considered, quote must be received by 5:00 PM (PST) on August 22, 2022. Quotes received after the deadline will not be considered.

AWARD PROCESS: The Marion County Public Works Department reserves the right to enter into contracts with multiple vendors based on price and the ability to meet the County’s requirements & needs.

Company Name:

Authorized Signature:

Date

DESCRIPTION:

Marion County currently operates a fueling system that includes underground diesel and gasoline tanks and pumps at the Silverton Shops, located at 4598 Cascade Highway, Silverton, OR 97381 (Silverton) and the Salem Shops, located at 5155 Silverton Road NE, Salem, OR 97305 (Salem). Tanks range from 1,000 gallons to 20,000 gallons. The existing leak detection and tank monitoring system, Incon TLS-100x series, is beyond its useful life and needs to be replaced.

These specifications are intended to provide information for prospective bidders to understand the requirements for providing and installing a monitoring system for aboveground and underground liquid storage tanks and the associated below-grade product piping.

These specifications shall describe precisely a continuous aboveground/underground storage tank and underground fuel line monitoring and leak detection system that performs in accordance with USEPA 40 CFR 280 Subpart D and shall meet the performance specifications and functions of the Franklin Fueling Systems EVO™ 200 and EVO™ 400 Fuel Management Systems.

mailto:tbeaver@co.marion.or.us

PW1179-22 Page 2 of 29

The aboveground or underground storage tank monitoring system shall meet all applicable standards and regulatory agency requirements, including, but not limited to, the standards and requirements of the following:

1. American National Standards Institute (ANSI)

2. American Petroleum Institute (API)

3. American Society for Testing and Materials (ASTM)

4. Environmental Protection Agency (EPA)

5. National Bureau of Standards (NBS)

6. National Electric Code (NEC)

7. National Fire Protection Agency (NFPA)

8. Underwriters Laboratories, Inc. (UL)

9. Canadian Underwriters Laboratories, Inc. (cUL)

10. Underground Storage Tanks: Subpart D, 40 CFR Part 280

11. Federal Communications Commission (FCC)

12. Explosive Atmospheres (ATEX)

Governing Standards Governing Standards for Tank Monitoring Systems including probes, sensors, electronic line leak detectors and accessories shall be:

1. EPA Regulations 40 CFR Sub Part D

2. Certification by an Independent Laboratory using EPA Protocol (#EPA/530/UST-90/006) for annual and monthly tank testing.

3. Certification by an Independent Laboratory using Evaluation Protocol for Continuous In-Tank Leak Detection Systems (CITLDS) (Jairus D. Flora 1/7/2000).

4. Certification by an Independent Laboratory using EPA Protocol (#EPA/530/UST-90/010) for pipeline leak detection systems. Certification should include approvals for hard pipe and flexible piping systems.

5. National Work Group (NWGLDE)

6. Underwriters Laboratory (UL)

OPERATIONAL SPECIFICATIONS

In-Tank Leak Detection

1. The system shall utilize in-tank probes for liquid level measurement and in-tank leak detection.

2. The Automatic Tank Gauge (ATG) shall be capable of performing a static tank tightness test to a threshold of 0.1 GPH with at least a 97.2% probability of detection [P (D)] and no more than a 2.76% probability of a false alarm [P (FA)].

3. The system shall have the ability to conduct statistical continuous automatic leak detection tests and shall not require the shut down of the tanks for scheduled test times.

4. The system shall have the ability to conduct statistical continuous automatic leak detection: The statistical continuous automatic leak detection system shall be capable of performing a test with 99% or 95% probability of detection.

PW1179-22 Page 3 of 29

5. The system shall utilize dynamic feedback variables in the algorithm to evaluate the noise factor patterns associated with a tank, and thereby adapt the algorithms to each individual tank.

6. The system shall perform a new 0.2 GPH tank tightness evaluation as soon as it has accumulated a statistically significant amount of idle period information in the database.

7. The system, when operated in the statistical continuous leak detection mode, shall be third party certified for statistical leak detection in tanks up to 32,891 gallons and a throughput of 445,408 gallons per month.

Interstitial or Secondary Containment Monitoring

Wet Monitoring

1. The system shall be able to detect a breach in the inner or outer shell of a brine-filled interstitial space

(annulus) of a double-wall tank or containment sump by conducting automatic, continuous leak sensing by monitoring the liquid level in the reservoir.

2. The system shall have the ability to detect both high liquid level and a low liquid level in the brine reservoir of a double-wall tank and generate an alarm to indicate if high liquid level or low liquid level occurs.

3. The system shall have the ability to detect a low liquid level in the brine reservoir of a double-wall containment sump.

Dry Monitoring

1. The system shall be able to detect the intrusion of liquid into the interstice from the inner or outer shell by performing automatic, continuous leak sensing in the dry interstitial space (annulus) of a double-wall tank.

2. The system shall have the capability to differentiate between hydrocarbons and water and utilize a signal to indicate the situation.

3. The system shall have the ability to determine the presence of hydrocarbons and/or fluid and provide an appropriate alarm.

4. The system shall continuously monitor the sensor for an open condition, alarm condition, or normal operating condition.

Containment Sump Monitoring

1. The system shall perform automatic, continuous leak sensing in the containment sump

2. The system shall be able to identify the presence of fluid (hydrocarbons and/or water) in the containment area and generate an alarm.

3. The system shall be capable of distinguishing between hydrocarbons and water and generate an appropriate alarm. There shall also be a signal to indicate the event of sensing device failure.

4. The system shall have the capability to monitor continuously the integrity of the sensor for an open condition, alarm condition, or normal operating condition

Product Inventory Management (Tank Gauging)

1. The tank monitoring system shall cull float height and temperature data from level probes and use the data to calculate and display the following:

1.1. Product Level

1.2. Water Level

1.3. Gross Product Volume

PW1179-22 Page 4 of 29

1.4. Temperature compensated (Net) Product Volume

1.5. Gross Water Volume

1.6. Product Temperature

1.7. Maximum Capacity

1.8. Capacity %

2. The system shall be capable of monitoring and recording inventory management .

3. The system shall automatically detect and record a product delivery when product added to a tank exceeds a programmable delivery threshold volume. The data recorded shall include relevant information including the time and date of the delivery and the starting and ending values of the tank parameters listed above.

4. The system shall be capable of storing a history of recorded deliveries.

5. The system shall have the ability to monitor both aboveground storage tanks (AST), and underground storage tanks (UST), for inventory management.

Inventory Reconciliation

1. The system shall be capable of performing inventory reconciliation by comparing dispenser sales transactions with inventory management and delivery information to calculate a variance for each reconciliation period.

2. The system shall be capable of performing reconciliation periods as frequent as hourly.

3. The system shall have the ability to receive dispenser sales transactions from the dispenser control system.

4. The system shall automatically calculate the total Sales, Deliveries and Variance for each month and determine an Over or Short condition based on programmable parameters.

5. The system shall allow the manual adjustment of sales and delivery information to account for activities that may cause false variances.

Optimized Tank Calibration

1. The system shall have the capability to automatically alter the tank-strapping charts to utilize a re-calibrated, accurate tank chart after system setup.

2. The system shall have the ability to automatically re-calibrate the complete tank with a limited range of data gathered at the operating level of the tank during the calibration period.

3. The system shall provide a customized calibration chart for each tank to minimize intrinsic tank-level error sources.

4. The system shall use inventory measurements gathered by the gauge with dispensed sales information collected automatically by the system during the calibration process.

Density Measurement

1. The system shall be capable of measuring the density of gasoline and fuel oil products.

2. The system shall have programmable alarm set points for density measurement.

3. The density of each product shall be displayed on the LCD touchscreen, web pages and included on inventory reports.

Reports The system shall be capable of generating a variety of reports including but not limited to:

PW1179-22 Page 5 of 29

1. Inventory

2. Delivery

3. Tank leak test (Static and Continuous)

4. Sensor status

5. Event/alarm history

6. Inventory reconciliation

7. Regulatory The system shall have the ability to generate reports via networked or USB connected printers, email, and the web interface.

The system shall have the ability to automatically generate reports at a scheduled date and time.

The system shall have the ability to generate reports covering a selectable date range.

Interfacing The system shall come standard with multiple ports for interfacing with local and remote devices.

Serial Communications

1. The system shall provide at least one RS-232 port for interface with local devices such as a computer, point of sale terminal, or forecourt controller for remote communications.

2. The system shall provide at least one RS-485 port for interfacing with local devices like Submersible Pump

Controllers or Point of Sale systems.

Ethernet Port The system shall have at least one ethernet port for connecting to local area networks, computers, or other devices.

USB Ports The system shall include at least one type-A USB port for interfacing with common external printers using CUPS (Common UNIX Printing System).

Mini-USB The system shall have at least one mini-USB port for direct connection to a PC to access the web interface.

Web Interface (XML based) The system shall have the ability to interface with a web browser using standard XML protocol.

Access via web interface shall be restricted via password-controlled access levels.

LCD Touchscreen The system shall have at least one LCD color touchscreen for local interface.

Access via LCD touchscreen shall be restricted via multiple password-controlled access levels.

Wi-Fi The system shall have a Wi-Fi option to allow a PC to access the web interface.

PW1179-22 Page 6 of 29

Electronic Dispenser Interface The system shall possess an electronic dispenser interface that can be used to retrieve metered volume data from a pump controller or POS terminal via a cable.

Output Relays

1. The system shall have the ability to enable external audible/visible alarms or control external devices through a relay contact closure.

2. The output relays should be able to be configured in either a normally open or a normally closed orientation.

3. The system shall have the ability to control the state of the output relays on user-defined alarms, events, inputs or scheduled date/times.

Input Channels

1. The system shall have the ability to receive dry contact inputs from external devices.

2. Through systems programming, the system shall possess the ability to identify each external device connected to an input position.

Alarms and Events

1. The tank monitoring system shall have the ability to produce an audible and visual indication of all system, in-tank and leak alarm and warning conditions.

2. The system shall have the ability to record and report system events.

3. The in-tank alarms shall include but not be limited to:

3.1.1. Product Level or Volume Limit–Overfill (HIGH and HIGH/HIGH)

3.1.2. Delivery Needed–Low Product (LOW and LOW/LOW)

3.1.3. Leak Detected

3.1.4. High Water Level

3.1.5. High and Low Temperature

4. The tank monitoring system shall provide an audible and visual alarm for in-tank leak test failures (0.1 GPH and 0.2 GPH) and external leak failures (fuel, water, sensor loss) via sensors.

5. The system shall also have the ability to print all alarm conditions on a network or USB connected printer.

6. The system shall be capable of communicating immediately all alarm conditions via ethernet port to a central computer.

7. The system shall offer the capability to disable the audible portion of an alarm immediately, but allow the visual alarm to remain visible until the alarm condition has been remedied.

8. The system shall be capable of providing an external audible and visual alarm with an acknowledgement switch, which shall have the ability to interface to the tank monitoring system via an Output Relay. The external alarm box and acknowledgement switch shall have appropriate casing for outdoor installation.

9. The system shall maintain a history of alarms and events that have occurred.

10. System Setup

11. The system shall include parameter-driven software that modify the tank monitor to the appropriate site specifications. The parameters must be able to be entered in assigned fields at system startup. The

PW1179-22 Page 7 of 29 parameters must also be able to be updated locally and remotely during and after startup to allow for changes in site parameters.

12. The system shall offer a password protected access level to modify setup parameters to prohibit unauthorized changes.

13. The system shall allow the setup data to be downloaded via web interface in single file format.

14. The system shall have the ability to upload via web interface a setup data file and reconfigure itself to those parameters.

15. Set-up parameters shall include but not be limited to the following:

15.1. Site Identification Data

15.2. System Configuration Data

15.3. Tank Setup Data

15.4. Probe Setup Data

15.5. Product Setup Data

15.6. In-tank Leak Test Setup Data

15.7. Continuous Automatic Tank Leak Detection Setup Data

15.8. Date/Clock Setup Data

15.9. Annunciator (audible alarm) Setup Data

15.10. Output Relay Setup Data

15.11. Input Channel Setup Data

15.12. Sensor Setup Data

15.13. Communication Port Setup Data

15.14. Dispenser Interface Setup Data

15.15. Reconciliation Setup Data

15.16. Tank Autocalibration Setup Data

15.17. Density Measurement Setup Data

15.18. Email Server Setup Data

16. The system setup parameters shall include the ability to create custom logic conditions and notifications that control what actions the system will take in response to certain events. Events would include but not be limited to alarms, deliveries, leak tests and external inputs. Actions would include but not be limited to sounding an alarm, controlling an output relay or sending an email or fax.

17. The system setup parameters shall include the ability to:

17.1. Create customizable shortcut buttons that can be configured to initiate defined actions within the setup of the custom rules. These shortcut buttons can be accessed at the LCD color touchscreen.

17.2. Create programmable logic conditions using timers, logic, values, counters, value comparisons, and latches. Control outputs can be tied to these conditions for various functions, which may include but are not limited to indicating alarms, posting application events, and controlling relays and/or submersible turbine pumps.

Remote Monitoring Software

PW1179-22 Page 8 of 29

1. The system manufacturer shall offer a communications/database software package that allows the user to automatically collect data from multiple remote tank monitoring sites from a central location.

2. The software shall provide the ability to:

2.1. Communicate with the tank monitoring system via an RS-232 serial interface, modem, wide area network or Internet.

2.2. Poll designated locations automatically and continuously, and store the gathered data in a standard database format. The system shall be able to perform the data retrieval on a user-defined schedule, or on demand.

2.3. Easily export information in the database into other standard software packages for data organization.

2.4. Generate reports that may be used for inventory, environmental compliance, or business management purposes. These reports shall be able to be run on demand, and report on either the whole database, or only selected ranges of the database.

2.5. Retrieve all diagnostic data from the tank monitoring system and have the ability to backup and recover the data that have been stored.

2.6. Communicate with any ATG utilizing the INCON Native language, INCON XML language, Veeder- Root 250 or 350 languages.

2.7. Support multiple types of tank gauges within the same network.

Product Specifications and Capacities Console

1. The console shall:

1.1. Have appropriate mounting holes for wall mounting.

1.2. Be equipped with a touch screen, backlit, liquid crystal display (LCD) with a diagonal viewing area of at least 7 inches, to be used for on-site viewing of all inventory, leak detection, and alarm information.

1.2.1. The LCD display shall be designed to allow programming, operating and reporting.

1.2.2. Provide a web based user interface through ethernet, mini-USB, or optional Wi-Fi.

1.2.3. Provide a visual indication of “system heartbeat,” “power on,” “warning,” and “alarm” conditions.

1.2.4. Support a networked or USB connected printer in order to provide hard-copy documentation of inventory, leak detect, and alarm information.

1.2.5. Maintain all programming information, as well as historical data, in the event of an extended power failure.

1.2.6. Maintain the date and time in the event of extended power failures.

1.2.7. Utilize a Micro-SD memory card with power fail protection.

1.2.8. Be equipped with conduit knockouts on the top and bottom of the monitor for rigid conduit entry into the monitor.

1.2.9. Be capable of selectively communicating in multiple languages and use an icon/symbol based interface for ease of use in all languages.

1.2.10. The console shall be equipped with internal audible and visual warning and alarm indicators.

PW1179-22 Page 9 of 29

1.2.11. The console shall be intrinsically safe, with Underwriter Laboratories (UL), Canadian Underwriter Laboratories (cUL), ATEX (Europe) and International Electrotechnical Commission (Explosive Atmospheres) (IECEx) approval.

2. The console shall comply with FCC testing, FCC Part 68 and Part 15.

3. The console must be mounted and wired according to the installation manuals supplied by the manufacturer, with all intrinsically safe field wiring enclosed in dedicated conduit and separate from all other wiring.

4. The console shall continuously monitor all probes and sensors, and report normal operating conditions as well as system malfunctions or failures.

Tank Gauging and In-Tank Leak Detection The system shall be capable of monitoring: EVO™ 200 - 6 probes or sensors.

EVO™ 400 - 14 probes or sensors.

The system shall be third-party certified to perform both static and continuous in-tank leak detection.

The system shall have the ability to monitor the density of the contents of the tanks.

Probes The probe shall have the ability to use specified Belden twisted shielded pair cable with conductors between 18 AWG and 22 AWG for field connections.

There shall be two conductors and a shield wire between each probe and control console.

The probe shall be capable of performing a leak detection test of 0.1 GPH and 0.2 GPH.

The probe shall have the required Third-Party Certification in accordance with the U.S. EPA’s “Standard Test Procedure for Evaluating Leak Detection Methods: Automatic Tank Gauging Systems” (0.2 GPH monthly monitoring).

The probe shall have the required Third-party Certification in accordance with the U.S. EPA’s “Volumetric Tank Tightness Testing Method” (0.1 GPH annual tank tightness test).

The probe shall be compatible for both AST and UST installations.

The manufacturer shall offer an install kit for easy installation and removal of the probe.

The probe shall be capable of being installed in 2" or 4" tank openings.

The probe shall be manufactured with a minimum of five RTD Temperature Sensors and have a 316 stainless steel shaft.

The probe shall be available in an inventory-only model that does not support leak detection with a minimum of one RTD temperature sensor.

Sensors The sensors shall have the ability to use standard, non-shielded gas-and oil-resistant wire with a minimum of 18 AWG for field connections.

The system shall be able to monitor up to 14 interstitial areas and/or containment area utilizing a standard float-style sensor.

The system shall be able to monitor up to 14 interstitial areas utilizing a discriminating interstitial sensor.

The system shall be able to monitor up to 14 discriminating dispenser pan and/or piping containment sump sensors.

PW1179-22 Page 10 of 29

The form factor of the sensors must allow easy field installation/removal.

Discriminating Dispenser pan and Containment Sump Sensor The discriminating dispenser pan and containment sump sensor shall sense the presence of hydrocarbons and a float switch technology to detect the presence of any liquid. It shall be able to provide separate alarm conditions for liquid detected, hydrocarbons detected and high liquid level.

The design of the sensor shall provide for a distributed sensing capability over the full length of the dispenser pan and containment sump sensor.

The dispenser pan and containment sump sensor shall be reusable after being exposed to hydrocarbon liquids.

The dispenser pan and containment sump sensor shall provide an indication of fluid when liquid reaches 1.5" in height.

The dispenser pan shall provide a high-liquid-level indication when fluid reaches 8" high and the containment sump sensor shall indicate a high liquid level when fluid reaches 11" high.

The dispenser pan and containment sump sensors shall be supplied with a six-foot leader cable to connect the sensors to field wiring in the sensor junction box.

The dispenser pan sensor shall be 2.5" diameter and 11.8" high to address dispenser pan applications. The containment sump sensor shall be 2.5" diameter and 21.07" high to address containment sump applications.

Piping sump sensor The piping sump sensor shall be low cost and utilize a float-switch technology to sense the presence of liquid.

The sump sensor shall be designed with a minimum 25-foot leader cable to connect the sensor to field wiring in the sensor junction box. The sensor shall be equipped with watertight cord grip assemblies to install in sensor junction box.

Discriminating Interstitial Sensor for Double-Wall Steel & Fiberglass Tanks The interstitial sensor for a double-wall tank shall be sized appropriately to fit into a riser pipe for a double-wall tank.

The interstitial sensor shall be equipped with a minimum 25-foot leader cable to connect the sensor to field wiring in the sensor junction box.

The sensor shall sense and alarm for the presence of fluid, and use a conductive technology to identify hydrocarbons, and shall provide separate alarms to notify the end user of the presence or fluid or hydrocarbons.

Hydrostatic Sensor The hydrostatic sensor shall utilize a dual-float technology to continuously monitor the fluid level in the interstitial space.

The hydrostatic sensor shall be available in two models. One standard length model for use in most applications and one extended length model for use in applications with large fluid level fluctuations.

The standard dual-float hydrostatic sensor shall be sized appropriately for easy installation in the riser pipe assembly of double-wall tank brine reservoir.

The extended length dual-float hydrostatic sensor shall be sized appropriately for easy installation in the riser pipe assembly of double-wall tank brine reservoir The sensor shall be supplied with a minimum 15' leader cable to connect the sensor to field wiring in the sensor j-box.

PW1179-22 Page 11 of 29

The sensor shall be provided with a lockable, watertight riser cap to prevent accidental spills into the tank reservoir. The cap shall be equipped with a vent tube to vent air out of the reservoir area and prevent liquids from entering into the reservoir.

The sensor shall be able to indicate a high liquid level and a low liquid level in the tank reservoir.

Electro-optic Sensor (used for leak detection in tight spaces) The Electro-optic sensor shall utilize electro-optic technology with a light-emitting diode to detect the presence of fluid in tight sensing locations.

The sensor shall be equipped with 25' of oil-resistant cable for connecting the sensor to field wiring in the sensor junction box.

The sensor shall be 0.67" wide and 2.62" long.

Density Measurement The system shall have the ability to measure and report the density of gasoline and fuel oil products.

The system shall be able to be configured to alarm if the density of a product exceeds a programmed range.

The density measurement capability shall be achieved using the same probe that provides in-tank inventory and leak detection.

Serial Communications Interface The system shall have the capability to communicate directly with a computer or a point of sale console.

The RS-232 port shall support Point to Point or Veeder-Root 250/350 protocols.

The system shall have one RS-232 serial communications port.

The system shall have one RS-485 serial communications port.

Ethernet The system shall have an ethernet port with a snap in RJ-45 jack for direct data transmission over an ethernet based wide area network or Internet.

The system shall have indicator LEDs to show ethernet port operability and connectivity.

The ethernet port shall be able to support Veeder-Root 250/350 protocols

Tank Reconciliation and Autocalibration The system shall be capable of obtaining fuel sales transactions via the following methods: RS-232 Serial Interface to a POS Ethernet connection to local area network The system shall automatically compile sales transactions, deliveries and in-tank inventory information and reconcile the totals at the end of each shift, day or period into a comprehensive reconciliation report.

The system shall be capable of conducting an automatic tank calibration process through typical operating levels in the tank as fuel is dispensed.

Manufacturer Support and Field Service Technical Support The manufacturer shall offer technical phone support to customers for at least 12 hours a day.

PW1179-22 Page 12 of 29

The manufacturer shall provide technical phone support available to authorized distributors and certified contractors for on-site troubleshooting of the tank monitoring system.

Field Service The manufacturer shall maintain a trained technical service network available for providing on-site customer support and training, as well as overseeing and/or performing the start up and programming of tank monitoring systems.

The manufacturer shall have a technical service staff to support the distributor/contractor field service network.

Certification Training The manufacturer shall require and provide mandatory certification training for all of its authorized distributors and service contractors/installers The certification program shall cover installation, setup/operation, and service/ troubleshooting of the manufacturer’s tank monitoring systems.

The manufacturer shall provide certification information on contractor/installer to regulatory agencies that require certification documentation.

The manufacturer shall offer re-certification training to keep contractors/installers current with updated information.

Warranty Registration and Checkout Form The manufacturer shall require that a certified technician perform all tank monitoring system startups.

The startup shall consist of installation checkout, operation checkout and customer training on use of the equipment.

The manufacturer shall supply a Warranty Registration and Checkout Form to properly document the site information to include: Installation location.

Installer.

Equipment identification.

Tank information.

Leak detector information.

Startup distributor information.

Customer approval.

Installation checklist.

Training information.

Upon receipt of the Warranty Registration and Checkout Form, the manufacturer will initiate the system warranty.

ISO-9000

The manufacturer shall maintain an ISO-9001 rating to ensure quality management of design, manufacturing, training and technical documentation.

Manuals The manufacturer shall supply product documentation that addresses the following categories as additional

PW1179-22 Page 13 of 29 support:

Site Preparation and Installation Instructions System Setup Instructions System Operating Instructions Probe Installation Instructions Product Data Sheets Troubleshooting, Application Guides, and Repair Manuals Wiring Diagrams which include the following: Identification of all devices and equipment terminals, and all external connection terminal blocks.

All external wiring connections with approved wire colors and circuit designations.

Third-Party Certification The manufacturer shall supply on request, third-party documentation for all products certifying that performance meets or exceeds EPA requirements.

Authorized Service Personnel Listing The manufacturer shall supply on request, a formal list of all Authorized Distributors and Service Contractors for sales, installation, training and support.

System Warranty The tank monitoring system shall be warranted for parts and service for a period of one year from date of installation, or two years from the date of manufacture, whichever comes first.

The warranty shall include parts and labor, provided that an authorized manufacturer’s representative who follows the manufacturer’s warranty/RMA procedure performs all warranty work on site.

EVALUATION CRITERIA:

Quotes will be evaluated and ranked on the criteria below that best fits the County’s needs in the County’s sole discretion. Ordinarily, quotes will be evaluated to identify the “lowest responsible Offeror.” The “lowest responsible Offeror” is the lowest Offeror who has substantially complied with all requirements of the RFQ and who can be expected to deliver promptly and perform reliably in the County’s sole discretion.

QTY UNIT OF

MEASURE DESCRIPTION OF GOODS AND SERVICES] PRICE

1 Each Provision, installation, and setup of Fuel Tank Monitoring System – Salem Shops $

1 Each Provision, installation, and setup of Fuel Tank Monitoring System – Silverton Shops $

Total Price: $

*** “OR EQUAL”: Any brand name listed in the specifications as “or equal” or “or equivalent” shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Proposer may show cost differences, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set

PW1179-22 Page 14 of 29 the minimum standard. When the designation is “or equal” or “equivalent” County shall make its decision after quote closing.

ADDITIONAL INFORMATION:

1. Contract/Purchase pursuant to ORS 279A and Marion County’s procurement rules.

2. Marion County reserves the right to:

a. reject any and all quotes if it is in the County’s best interest to do so

b. amend the quote solicitation

c. not award a contract for requested goods and services

d. award a contract to more than one vendor

e. extend the deadline for submission of quote

f. waive any irregularities or informalities in any quote

g. accept the quote(s) deemed to be the most beneficial to the public and Marion County

h. negotiate the final statement of work

3. TERM: Selected vendor(s) shall hold prices firm for 6 months. Dependent upon the availability of funding, term of purchasing could be for up to 1 year. Department and selected vendor(s) may negotiate as industry prices change.

4. Offeror warrants that all goods under this quote shall be new; unused; current production models, where applicable; and shall be free of defects in materials; design and manufacture for the duration of the resulting purchase agreement.

5. When a product brand is followed by “or equal” or “or equivalent”, the Public Works Department will determine, in its sole discretion, whether the product brands offered are equal or equivalent to the product brand-name specified in the RFQ.

6. Offeror shall complete and return Attachment A: Offeror Representatives and Certifications form along with quote.

7. By submitting a Quote, Offeror shall accept all terms and conditions of the Sample Contract for Services shown in Attachment B.

8. Any shipping, delivery and installation costs must be included in total cost of the item(s)

THANK YOU FOR YOUR INTEREST IN PROVIDING QUOTES!

PW1179-22 Page 15 of 29

ATTACHMENT A: OFFEROR REPRESENTATIONS AND CERTIFICATIONS

FAILURE OF THE OFFEROR TO COMPLETE AND SIGN THIS FORM MAY RESULT IN

REJECTION OF THE SUBMITTED OFFER

The undersigned, having full knowledge of the specifications for the goods or services specified herein, offers and agrees that this offer shall be irrevocable for at least 30 calendar days after the date offers are due or as stated in the solicitation, and if accepted, to furnish any and/or all goods or services as described herein at the prices offered and within the time specified.

OFFEROR NAME:

ADDRESS:

PHONE NUMBER: WEB SITE:

TAXPAYER ID NUMBER: DATE/STATE OF INCORPORATION:

BUSINESS DESIGNATION: Corporation Sole Proprietor Partnership S Corporation Non-Profit Government Other

CCB/CERTIFICATION/LICENSE NUMBER:

ASSURANCES - The Offeror attests that:

1. The person signing this offer has the authority to submit an offer and to represent Offeror in all phases of this procurement process;

2. The information provided herein is true and accurate;

3. The Offeror is a resident proposer, as described in ORS 279A.120, of the State of ______________, [insert State] and has not discriminated against any minority, women, or emerging small business enterprises in obtaining any required subcontracts, in accordance with ORS 279A.110;

"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". ORS 279A.120 (1) (][b);

4. Any false statement may disqualify this offer from further consideration or because of contract termination; and

5. The Offeror will notify the Department Contracts Officer within 30 days of any change in the information provided on this form.

6.

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 proposals by any federal, state or local entity, department or agency;

2. 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;

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

4. 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;

5. 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

PW1179-22 Page 16 of 29

6. 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.

SIGNATURE OF AUTHORIZED PERSON

Signature Date

Print Name & Title

Contact Person for this procurement:

Phone Email

PW1179-22 Page 17 of 29

MARION COUNTY

CONTRACT FOR SERVICES

[CMS #]

This contract is between Marion County (a political subdivision of the State of Oregon) hereinafter called County, and [Insert Name], [a/an [INSERT STATE] Corporation, non-profit, etc.] hereinafter called Contractor.

Contractor agrees to perform, and County agrees to pay for, the services and deliverables described in Exhibit A (the “Work”).

1. TERM

This Contract is effective on the date it has been signed by all parties and all required County approvals have been obtained. This Contract expires on the later of December 31, 2023, the date all warranties have expired, or the date Contractor has completed all Services in accordance with the requirements of this Contract, as determined by County. The parties may extend the term of this Contract provided that the total Contract term does not extend beyond December 31, 2024.

2. CONSIDERATION

A. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $[Insert amount]. County will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

B. Interim payments to Contractor shall be made in accordance with the payment schedule and requirements in Exhibit A.

C. If specified below, county’s payments to Contractor under this agreement will be paid in whole or in part with federal funds. If so specified, by signing this agreement, Contractor certifies neither it nor its employees, contractors, subcontractors or subgrantees who will perform the Project activities are currently employed by an agency or department of the federal government. If applicable, Contractor shall comply with Exhibit B: Appendix II To Part 200—Contract Provisions For Non-Federal Entity Contracts Under Federal Awards

In accordance with 2 CFR 200.330, Contractor has been designated:

Subrecipient Contractor/Vendor Not applicable – (there are no federal funds tied to the contract)

3. COMPLIANCE WITH STATUTES AND RULES

A. County and the Contractor agree to comply with the provisions of this contract, its exhibits and attachments and all applicable federal, state, and local statutes and rules.

Unless otherwise specified, responsibility for all taxes, assessment, and any other charges imposed by law upon employers shall be the sole responsibility of the Contractor. Failure of the Contractor or the County to comply with the provisions of this contract and all applicable federal, state, and local

PW1179-22 Page 18 of 29 statutes and rules shall be cause for termination of this contract as specified in sections concerning recovery of funds and termination.

County’s performance under this Contract is conditioned upon Contractor's compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Contract), 279B.230, 279B.235 (if applicable to this Contract) and ORS 652, which are incorporated by reference herein.

B. Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, “tax laws” includes all the provisions described in subsection 27. C. (i) through (iv) of this Contract.

Any violation of subsection B of this section shall constitute a material breach of this Contract.

Further, any violation of Contractor’s warranty, in subsection 27.3 of this Contract, that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle the County to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:

i. Termination of this Contract, in whole or in part;

ii. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State’s setoff right, without penalty; and

iii. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The County shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement system and contractor.

C. These remedies are cumulative to the extent the remedies are not inconsistent, and the County may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

4. CIVIL RIGHTS, REHABILITATION ACT, AMERICANS WITH DISABILITIES ACT AND

TITLE VI OF THE CIVIL RIGHTS ACT

Contractor agrees to comply with the Civil Rights Act of 1964, and 1991, Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84 which states in part, No qualified person shall on the basis of disability, race, color, or national origin be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits from federal financial assistance.

5. TIME IS OF THE ESSENCE

Contractor agrees that time is of the essence in the performance of this Contract.

6. FORCE MAJEURE

Neither County nor Contractor shall be responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, or any other cause which is beyond the breaching party's reasonable control. Contractor shall, however, make all

PW1179-22 Page 19 of 29 reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this Contract. County may terminate this Contract upon written notice to Contractor after reasonably determining that the delay or breach will likely prevent successful performance of this Contract.

7. FUNDING MODIFICATION

A. County may reduce or terminate this contract when state or federal funds are reduced or eliminated by providing written notice to the respective parties.

B. In the event the Board of Commissioners of the County reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, the Contractor agrees to abide by any such decision including termination of service.

8. RECOVERY OF FUNDS

Expenditures of the Contractor may be charged to this contract only if they (1) are in payment of services performed under this contract, (2) conform to applicable state and federal regulations and statutes, and (3) are in payment of an obligation incurred during the contract period.

Any County funds spent for purposes not authorized by this contract and payments by the County in excess of authorized expenditures shall be deducted from future payments or refunded to the County no later than thirty (30) days after notice of unauthorized expenditure or notice of excess payment.

Contractor shall be responsible to repay for prior contract period excess payments and un-recovered advanced payments provided by the County. Repayment of prior period obligations shall be made to the County in a manner agreed on.

9. ACCESS TO RECORDS.

A. Contractor shall permit authorized representatives of the County, State of Oregon, or the applicable audit agencies of the U.S. Government to review the records of the Contractor as they relate to the contract services in order to satisfy audit or program evaluation purposes deemed necessary by the County and permitted by law.

B. Contractor agrees to establish and maintain financial records, which indicate the number of hours of work provided, and other appropriate records pertinent to this contract shall be retained for a minimum of three (3) years after the end of the contract period. If there are unresolved audit questions at the end of the three-year period, the records must be maintained until the questions are resolved.

10. REPORTING REQUIREMENTS

Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at any time, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by the Contractor shall be supported by documentation in Contractor’s possession from third parties.

11. CONFIDENTIALITY OF RECORDS

A. Contractor shall not use, release, or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County’s or the Contractor’s responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person.

PW1179-22 Page 20 of 29

B. Contractor shall ensure that its agents, employees, officers, and subcontractors with access to County and Contractor records understand and comply with this confidential provision.

C. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County, which shall become part of this Contract, if attached hereto.

D. Client records shall be kept confidential in accordance with ORS 179.505, OAR 309-11-020, 45 CFR

205.50 and 42 CFR Part 2 as applicable.

12. INDEMNIFICATION AND INSURANCE.

A. Contractor shall defend, save, indemnify, and hold harmless the County, its officers, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature whatsoever, including attorney fees, resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract.

Contractor shall have control of the defense and settlement of any claim that is subject to this section.

However, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of either County or any department of County, nor purport to act as legal representative of either County or any of its departments, without first receiving from County Legal Counsel authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of County without the approval of County Legal Counsel. County may, at its election and expense, assume its own defense and settlement.

B. Contractor shall obtain the insurance required under section 23 prior to performing under this Contract and shall maintain the required insurance throughout the duration of this Contract and all warranty periods.

C. County, pursuant to applicable provisions of ORS 30.260 to 30.300, maintains a self-insurance program that provides property damage and personal injury coverage.

13. EARLY TERMINATION

This Contract may be terminated as follows:

A. County and Contractor, by mutual written agreement, may terminate this Contract at any time.

B. County in its sole discretion may terminate this Contract for any reason on 30 days written notice to Contractor.

C. Either County or Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination.

D. Notwithstanding section 13C, County may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit or certificate that Contractor must hold to provide services under this Contract.

14. PAYMENT ON EARLY TERMINATION

Upon termination pursuant to section 13, payment shall be made as follows:

PW1179-22 Page 21 of 29

A. If terminated under 13A or 13B for the convenience of the County, the County shall pay Contractor for Work performed prior to the termination date if such Work was performed in accordance with the Contract. County shall not be liable for direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim County may have against Contractor.

B. If…