100358_-_Precast_Culvert_Solicitation_for_Stringtown_Road.pdf

ITB

100358 - PRECAST CULVERT SOLICITATION FOR STRINGTOWN

ROAD

(NO. 2024.002-ITB)

FOR

Washington County, Oregon

RELEASE DATE: January 22, 2024 DEADLINE FOR QUESTIONS: February 5, 2024

RESPONSE DEADLINE: February 7, 2024, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/washington-county-or

100358 - Precast Culvert Solicitation for Stringtown Road

1. Introduction

2. Legal Advertisement

3. Scope of Work

4. Pricing Proposal

5. Vendor Questionnaire

6. Special Instructions

Attachments:

A - 2020 GOODS REQUIREMENTS CONTRACT SAMPLE

B - Attachment C - INSURANCE REQUIREMENTS SUMMARY FORM C - 100358_Stringtown Rd - GEOTECH REPORT D - 100358_Stringtown Rd_CulvertProcurementSheets_2024-01-11 E - Sample Personal Services Contract

100358 - Precast Culvert Solicitation for Stringtown Road

1. Introduction

1. Summary

This Invitation to Quote is for the manufacture, storage, and delivery of one Precast Reinforced Concrete Three Sided Structure (PRCTSS).

2. Contact Information

Kira Furby Engineering Associate Email: kira_furby@co.washington.or.us Phone: (503) 969-7990 Department:

LUT-CPS

3. Timeline

The County reserves the right to modify this schedule at the County’s discretion. Proper notification of changes in the bid closing date will be made to all bidders who have received bid documents.

Bid Advertised and Released January 22, 2024

Last Date to Submit Questions February 5, 2024, 1:00pm

Bid Closing Date and Time February 7, 2024, 1:00pm mailto:kira_furby@co.washington.or.us tel:(503)969-7990

100358 - Precast Culvert Solicitation for Stringtown Road

2. Legal Advertisement

1. Legal Advertisement

WASHINGTON COUNTY, OREGON INVITATION TO BID

No. 2024.002-ITB 100358 - Precast Culvert Solicitation for Stringtown Road

The Invitation to Bid (“ITB”) documents will be available at www.WashCoPurch.com/biz

Bidders are responsible for checking the site for any addenda to the ITB documents before submitting their bids to the site.

Bids are due no later than 1:00 pm on Wednesday, February 7, 2024 late bids are unable to be entered.

The estimated expense for this contract will be $200,000 - $400,000.

Bids must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120(1)(b).

The County may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the County it is in the public interest to do so.

Washington County reserves the right to reject any and all bids and to waive any and all informalities in the best interest of the County.

Bidders are solely responsible for ensuring receipt of their bid and by the Procurement Division, including but not limited to successfully uploaded documents.

Bidders must conform to the requirements of these bid documents and all related, applicable laws.

The County does not intend to pre-qualify any bidders for this project. All bids submitted for this project will be considered provided that they meet the criteria set forth in the bid documents with respect to submission in a timely manner, bonding, and all other applicable requirements.

Dated this 22nd day of January 2024

Kiersten Vanderhoof

Procurement Analyst II

(503) 846-3585

Posted to: Monday, January 22, 2024OpenGov http://www.washcopurch.com/biz

100358 - Precast Culvert Solicitation for Stringtown Road

3. Scope of Work

1. GENERAL REQUIREMENTS

Quotes will be for both the structure (Base Quote) and the alternative structure (Alternate 1).

Washington County will contract with supplier to deliver ONE PRCTSS only.

Manufacture three-sided structure in maximum length of 8’ sections.

Three-sided structure details shown on attached sheets.

Include joint sealant materials, shims, mounting hardware, and other incidentals in quote.

Bid includes engineering support and design services.

Bid includes cost of storage at manufacturing site until contractor is ready for installation. Three-sided structure will be installed between July 15 and September 30, 2024.

Bid includes cost of delivery to Project Site: NW Stringtown Road, near the intersection of NW Sylvia Lane and NW Stringtown Road. Latest delivery date estimated at August 1, 2024.

FOB delivery to project site. Coordinate with contractor.

Upon acceptance of quote, manufacturer shall provide shop drawings stamped by a Professional Engineer. Shop drawings shall include applicable design standards, material specifications, and details for storage, handling, lifting, and delivery.

2. SUBSTITUTIONS

1 For purposes of this solicitation a brand name is used only to describe the quality and other characteristics of a product requested. Substitutions may be considered; however, they must, at a minimum, meet the same level of quality and performance as the product specified. The County reserves the right to make the final determination as to whether the proposed substitution will meet the County requirements.

2 Bids submitted for products considered by the bidder to be equal or better than the manufacturer’s reference specified herein must be submitted with product literature sufficient for the County to evaluate the alternate offered. Bids submitted for alternate products without product literature may be considered non-responsive and rejected.

3 The County reserves the right to make the final determination as to whether the proposed substitution will meet the County requirements.

4 Substitution requests will not be considered after 1:00 pm on Thursday, January 25th, 2024.

Requests received after that time and date will not be considered.

5 If the proposed substitution is approved, such approvals will be set forth in an addendum prepared by the County. Bidders shall not rely upon approvals given in any other manner.

100358 - Precast Culvert Solicitation for Stringtown Road

4. Pricing Proposal

BASE QUOTE

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 21’-1/4” X 32’-4” Precast Reinforced Concrete Three Sided Structure (PRCTSS) No. 1

1 Lump Sum

TOTAL

ALTERNATIVE 1

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 21’-1/4” X 32’-4” Precast Reinforced Concrete Three Sided Structure (PRCTSS) No. 1 w/ Alternative Top Slab Configuration

1 Lump Sum

TOTAL

100358 - Precast Culvert Solicitation for Stringtown Road

5. Vendor Questionnaire

1. Electronic Submittal By electronically submitting this response the Supplier attests and certifies that:

1. Person completing this response represents that I am either authorized to bind the Supplier, or that I am submitting the Response on behalf of and at the direction of the Suppliers's representative authorized to contractually bind the Supplier.

2. I represent that the Supplier or its applicable representative(s) has reviewed the information contained in this Solicitation Package and that the information submitted is accurate.

3. Respondent agrees that the action of electronically submitting its response constitutes:

a. an electronic signature on the responses, generally,

b. an agreement to conduct business electronically,

c. an electronic signature on any form or section specifically calling for a signature, and

d. an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

☐ Yes

☐ No

2. Solicitation Requirements* Did you read through and confirm that you met all of the Solicitation requirements?

☐ Yes

☐ No *Response required

3. Resident Bidder* The Bidder is a resident as defined in ORS 279A.120*?

*ORS 279A.120(1)(b) – 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 vendor is a resident vendor . Nonresident vendor shall comply with the provisions of ORS 279A.120(3).

☐ Yes

☐ No *Response required

100358 - Precast Culvert Solicitation for Stringtown Road

4. OFFER*

By submission of a response does the bidder attest that they have carefully examined the Special Instructions, Project/Specification Information, General Instructions and all other related material and information, and agrees to comply with the terms set forth in those documents and to furnish the services described at the rates bid?

Does the bidder further agrees that this offer will remain in effect at the rates bid for a period of not less than 180 calendar days from the date that bids are due and that this offer may not be withdrawn or modified during that time?

☐ Yes

☐ No *Response required

5. Collusion and Discrimination* The bidder hereby certifies that this bid is genuine and that it has not entered into collusion with any other vendor(s) or any other person(s).

The bidder hereby certifies that it has not discriminated and will not discriminate against any minority, women or emerging small business enterprise or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract per ORS 279A.110.

☐ Yes

☐ No *Response required

6. Tax* The bidder hereby certifies that they have complied with the tax laws of Oregon and all political subdivision of the State of Oregon, including ORS 305.620 and ORS chapters 316, 317 and 318.

Washington County may terminate the contract if contractor fails to comply with any tax laws during the term of the contract.

☐ Yes

☐ No *Response required

7. Business Hours* Please enter your regular business hours

*Response required

8. Oregon Secretary of State Business Registry* Add your registry number without dashes or spaces

100358 - Precast Culvert Solicitation for Stringtown Road

9. Successful Bidder Requirements* If you are the successful bidder for this project, you will be required to fill out and submit all documents listed under Exhibits. Please confirm that you understand this requirement.

☐ Please confirm *Response required

10. Cooperative Purchasing* Will the bidder extend pricing and terms to other public agencies? (there is no penalty for not agreeing to extend pricing)

☐ Yes

☐ No *Response required

11. Contract*

1. Supplier hereby proposes to furnish equipment or services that meets or exceeds the minimum specifications provided in the Solicitation Documents. Furthermore, I agree to abide by all conditions of the solicitation and resulting contract.

2. Supplier acknowledges award of a contract or purchase may be contingent upon a determination by the County that the Supplier has the capacity and capability to successfully deliver the required equipment or services.

☐ Yes

☐ No *Response required

12. Bid Documents* Please upload any required documents here including a copy of the bid bond if required.

*Response required

13. Solicitation Awareness* How did you find this solicitation?

Select all that apply

☐ Washington County Website

☐ Oregon Buys

☐ Plan Room, Project Center, Etc

☐ DJC Oregon, Tribune or other printed media

☐ Twitter, Facebook or other social media

☐ Link emailed directly to you

100358 - Precast Culvert Solicitation for Stringtown Road

6. Special Instructions

1. Laws and Regulations

The bidder shall be familiar with all Federal, State, County and /or City laws and regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the bidder discovers any provision in the specifications or project information, plans or contract documents that is contrary to or inconsistent with any law or regulations, they shall report it to Washington County in writing via the County’s e-Procurement portal .

All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for applicable permits and licenses.

2. Recycled Materials and Sustainable Products and Processes

Contractor shall use recycled and recyclable products to the maximum extent economically feasible during the performance of the contract.

The County prefers materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

The County supposes and encourages the use of sustainable products by the Contractor. To contribute to a clean environment for present and future generations, Contractor shall utilize sustainable products to the maximum extent feasible during the performance of the Contract.

Products and practices utilized by the Contractor shall be based upon long-term environmental impact, social costs, and operations costs.

3. The Rights of the County

The County expressly reserves the following rights:

A. To waive any irregularities in the bids submitted.

B. To base awards with due regard to price, delivery, compliance with specifications, and other such factors as may be necessary and in the public interest in the circumstances.

C. To make awards to any bidder whose bid, in the opinion of management and the Board, is the lowest responsible bid.

D. To cancel the procurement or reject any or all bids, or selected portions thereof, in accordance with ORS 279B.100. Under no circumstances shall the County be responsible for, nor shall it reimburse, any costs associated providing a bid for this solicitation.

100358 - Precast Culvert Solicitation for Stringtown Road

E. To negotiate final contract terms and conditions to the fullest extent allowed by the law and as in the best interests of the County.

Acceptance of an offer is subject to budget approval and budgetary constraints as determined by the County.

4. Qualifications of Bidders

Qualifications of bidders may be evaluated when determining the award. Bidders may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature.

The County reserves the right to investigate references and to consider the past performance of any bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of services on schedule, and its lawful payment of employees and workers whether or not specifically listed by the bidder.

5. Low Tie Bids

A. Low tie bids are subject to the Oregon preference as provided by ORS279A.120: “For purposes of awarding a public contract, a contracting agency shall give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal.”

B. Low tie bids that remain after application of the statutory Oregon preference shall be awarded according to the following sequence:

1. Award shall be made by drawing lots among any tied Oregon bidders. Such bidders shall be given notice and an opportunity to be present when lots are drawn.

2. If none of the tied bidders is located in Oregon, award of the contract shall be made by drawing lots among all tied bidders. Such bidders shall be given notice and an opportunity to be present when lots are drawn.

6. Award Recommendation / Intent to Award

A Notice of Intent to Award will be posted on the www.WashCoPurch.com/biz web site at least seven (7) days before the award of the contract.

7. Bid Files

A completed bid file for each project will be available, by appointment only, for public inspection at the Washington County Procurement Division Office.

8. Protest and Judicial Review of Award

A. Purpose. The award by the Washington County Board of Commissioners of the contract shall constitute a final decision of the County to award the contract if no written protest

100358 - Precast Culvert Solicitation for Stringtown Road of the award is filed. A bidder may protest the award of a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. A bidder must file a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County's contract award decision.

B. Delivery. A bidder must deliver a written protest to the Washington County Procurement Manager within seven (7) days after issuance of the notice of intent to award the contract. Protests must be physically received by 5:00 PM on the7th day. A postmark is not sufficient.

C. Content of Protest. A bidder’s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2). Bidder may not protest the content of Specifications, nor shall the County consider any such grounds, in an award protest.

Bidders may protest only deviation for laws, rules, regulation or procedures, including procedures set out in the ITB. Protests must specify the grounds for protest including the specific citation or law, rule, regulation, or procedure upon which the protest is based.

D. County Response. The Board or its designee shall not consider a bidder’s contract award protest submitted after the timeline established for submitting such protest has expired per B above. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the protest is upheld, in whole or in part, the Board or its designee may in its sole discretion either award the contract to the successful protestor or cancel the procurement or solicitation.

E. Judicial Review. Judicial review of the Board’s or its designee’s decision relating to a contract award protest shall be in accordance with ORS 279B.415.

9. Contractor's Responsibility

It is understood that the specifications and other contract documents do not purport to control the method of performing the work, but only the requirements as to the nature of the completed work. The contractor assumes the entire responsibility for the method of performing the work. Suggestions as to the method included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the contractor's liability, or status as an independent contractor under this contract.

10. Performance

Contractor shall perform all services required by this contract within the time specified.

Contractor shall provide all services in accordance with the highest industry standard prevalent in the industry or business most closely related to the construction industry. Unless the means or methods of performing a task are specified elsewhere in the contract, contractor shall employ methods that are generally accepted and used by the industry. Any performance that is found unacceptable will be documented and the contractor will be given written notice to correct the

100358 - Precast Culvert Solicitation for Stringtown Road problem within a specified period. If the problem continues beyond the specified period the contractor may be found in breach of this contract, and the contract may be terminated.

11. Non-Performance

In the event of nonperformance under the resulting contract the County will have the right to obtain from other sources such equipment, supplies, and/or services as may be required to fulfill the contract. It is agreed that the difference in cost, if any, for said equipment, supplies and/or services shall be borne by the contractor awarded this contract.

12. Guarantee

Contractor agrees to repair any failures due to inferior workmanship and/or materials without additional expense to the County.

13. Damage Clause

A. Contractor shall be responsible for renovating, restoring, or otherwise repairing any portion of the County's premises, facilities, or any County owned properties or right-of-ways which are damaged by the contractor and its agents in the case of any work related to its obligation under this contract.

B. Contractor agrees to repair any avoidable damage to existing materials, surfaces and equipment caused during the execution of the work, without additional expense to the County.

14. Product Safety

A. In accordance with all applicable laws and generally accepted practices, the contractor will be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.

B. Performance, or other, reviews conducted by the County’s representative are not intended to include review of the adequacy of the contractor’s safety measures in, on, or near the project.

15. OSHA

During the performance of this contract, the Contractor is required to comply with the conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA) and the standards and regulations issued there under. The bidder shall further agree to hold the County, its employees, agents, commissioners, and assigns harmless and free from liability for failure to comply with said standards and regulations by the bidder. It shall be the sole responsibility of the bidder to remain familiar with said standards and regulations and maintain their enforcement.

100358 - Precast Culvert Solicitation for Stringtown Road

16. Hazardous Materials

A. All materials that include solvents, paints, cleaning agents, chemicals, reagents or other hazardous materials shall be labeled in accordance with Oregon law with the name(s) of the hazardous ingredient(s), the hazard(s) of the material(s) and the appropriate precautions. Materials for which toxicological or hazard data are unavailable shall carry a label stating: “Toxicological and other hazards unknown. Handle as extremely hazardous.”

B. Environmentally Preferred Products/Material Safety Data Sheets. Whenever possible, the Contractor should use environmentally preferable products which present a lesser impact to the public health and the environment than competing products. Contractor agrees, upon execution of this contract, to submit a copy of the relevant material safety data sheet(s) for any chemical substance the Contractor will bring on to the County’s premises and use as part of the work described in this contract.

17. Patent or Franchise Infringement

The Contractor agrees to protect the County against all claims for patent or franchise infringement arising from the purchase, installation, or use of the material(s) or service(s) ordered from this solicitation, and to assume all expense and damage arising from such claims.

18. Assignment to the County

A. By entering into a contract under this solicitation, the contractor irrevocably assigns to Washington County any claim or cause of action which the contractor now has or which may accrue in the future, including, at the option of Washington County, the right to control any such litigation, by reason of any violation of 15 USC 15 §1-15 or ORS 646.725 or ORS 646.730, in connection with any goods or services provided to the contractor by any person which are used, in whole or in part, for the purpose of carrying out the contractor's obligations under such contract.

B. Contractor shall require any subcontractor to irrevocably assign to Washington County, as a third party beneficiary, any right, title or interest that has accrued or may accrue to the subcontractor by reason of any violation of 15 USC 15 §1-15, ORS 646.725 or ORS 646.730, including, at the option of Washington County, the right to control any litigation arising there under, in connection with any goods or services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor's obligations as agreed to by the contractor in pursuance of the completion of this contract.

C. In connection with this assignment, it is an express obligation of the contractor that it will take no action that any way diminishes the value of the rights conveyed or assigned hereunder to the County. It is an express obligation of the contractor to advise the Office of County Counsel for Washington County:

100358 - Precast Culvert Solicitation for Stringtown Road

1. In advance of its intention to commence any action on its own behalf regarding such claims or causes of action;

2. Immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the dependency of such action; and

3. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the County.

19. Purchasing by Contractor

Contractor shall make all purchases in its own name and not in any way attempt to bind the County in Contractor’s contractual agreements. Delivery of goods to County facilities will be at contractor’s own risk and expense.

20. Contact Persons

The contractor shall designate one or more person(s) as the contact person for this contract. The contractor should provide to the County the names, addresses and telephone numbers of such person(s) and shall keep this information current at all times.

21. Payment

A. Payment shall be made upon submission of invoice and any required supporting documentation after final acceptance of each phase and/or monthly progress payments.

B. Contractor shall invoice the County no later than thirty (30) days following completion of work.

C. The County will pay the invoice within 30 days after approval of the invoice by the contract administrator.

22. Public Contracting Statutes

The provisions of Oregon Revised Statutes 279C.500 through 279C.870, Public Contracts, as applicable are incorporated herein by reference. Any bidder accepting a purchase order from the County and/or executing a contract with the County for the delivery of materials and/or services agrees to comply with said provisions.

23. Uniforms and Identification

While at any County site, all Contractor personnel must wear a uniform with company identification, including company logo, visible to all other personnel in the area. Contractor personnel must maintain a clean and professional appearance at all times while at a County site.

100358 - Precast Culvert Solicitation for Stringtown Road

24. Invoicing

All invoices will have the name of the County employee who requested the service, PO number, building location. In the case of scheduled maintenance, a County employee will be contacted at least 1-week prior to the scheduled service and that County employee’s name will be on the invoice. All labor hours will be itemized on the invoice with the quantity of hours, the hourly rate, and the total dollar amount. In the case of more than one hourly rate, all hourly rates will be itemized. When applicable, all materials will be itemized with the amount of each item, the cost of each item and the total cost for each item used. All invoices will have the County Facility Maintenance work order number associated with the service. The contractor will get this work order number from the county employee who requests the service to be performed. This requirement will apply to scheduled maintenance and call out maintenance or repair.