100685_-_Precast_Segmental_Reinforced_Concrete_Box_Culverts_for_NW_West_Union_Rd.pdf

ITB

100685 - PRECAST SEGMENTAL REINFORCED CONCRETE BOX

CULVERTS FOR NW WEST UNION RD

(NO. 2023.043-ITB)

FOR

Washington County, Oregon

RELEASE DATE: March 10, 2023 DEADLINE FOR QUESTIONS: March 17, 2023

RESPONSE DEADLINE: March 24, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/washington-county-or

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

I. Introduction II. Legal Advertisement

III. Scope of Work IV. Pricing Proposal V. Vendor Questionnaire

VI. Instruction to Bidders VII. Special Instructions

VIII. Program Compliance Requirements

Attachments:

C - INFORMATIONAL 2022-GOODS REQUIREMENTS CONTRACT

D - Goods_Requirement E - West Union Culverts Plan Sheets

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

I. INTRODUCTION

I.A Summary

The work to be done under this contract consists of the following in Washington County:

1. Furnishing 115 linear feet (lay length) of 10' x 5' Precast Split Reinforced Concrete Box Culvert sections and gaskets.

a. Culvert 1: 75 Linear Feet

b. Culvert 2: 40 Linear Feet

2. Delivering all culvert sections and gaskets to the project site.

3. Coordinating delivery of culvert sections with the County's roadway Contractor

The delivery date for the first culvert is July 18, 2023. The delivery date for the second culvert is August 1, 2023.

I.B Contact Information

Kiersten Vanderhoof Procurement Analyst II 155 North First Ave, Ste 270, MS 28 Hillsboro, OR 97124 Email: kiersten_vanderhoof@washingtoncountyor.gov Phone: (503) 846-3585 Department:

LUT

I.C 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 March 10, 2023

Last Date to Submit Questions March 17, 2023, 5:00pm

Bid Closing Date and Time March 24, 2023, 2:00pm

Contractor Selection Date March 27, 2023 mailto:kiersten_vanderhoof@washingtoncountyor.gov tel:(503)846-3585

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

II. LEGAL ADVERTISEMENT

II.A Legal Advertisement

WASHINGTON COUNTY, OREGON INVITATION TO BID

No. 2023.043-ITB 100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

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 2:00 pm on Friday, March 24, 2023 late bids are unable to be entered.

The estimated expenditure for this contract will be $200,000.

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 10th day of March, 2023

Kiersten Vanderhoof

Procurement Analyst II

(503) 846-3585

Published: Friday, March 10, 2023Oregon Buys http://www.washcopurch.com/biz

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

III. SCOPE OF WORK

III.A Instructions to Bidders

A. Culverts must be Precast Segmental Reinforced Concrete Box Culverts, manufacture conforming to 2021 ODOT Standard Specification 00595 and ASTM C1786.

Reinforcement must be based on burial depth of less than 2' and ASTM C1433 Table 1.

B. Provide structural connections at joints between all segments that fit together to form two complete Box Section units with structural key or doweled connections. Provide a structural keyway joint between all mating surfaces of adjacent box sections including adjacent top slabs.

C. The length of the two complete Box Section units are 75 linear feet and 40 linear feet.

D. Shop assemble adjacent full RCBC sections for County inspection and match-mark adjacent sections before shipping. Sections not meeting the tolerances of ASTM C1786 will be rejected.

E. Culverts shall be designed to meet HL-93 vertical loads.

F. The manufacturer or fabricator shall furnish shop drawings prior to fabrication of materials.

G. Bid shall include cost of delivery to Project Site: NW West Union Road at NW Helvetia Road in Hillsboro, Oregon 97124. Delivery shall be coordinated with the road project prime contractor (to be determined).

H. Bid shall include required sealants including internal gaskets and mastic, and provision of clutches or picking gear.

III.B Handling, Storing, and Shipping

Materials - Store materials at manufacturing site until the agreed upon shipping date.

Delivery Date of Materials – The anticipated delivery date for the materials is between July 15, 2023 and August 15, 2023. The actual delivery dates and rate of delivery will be determined by the County’s roadway contractor who will be selected in the spring 2023. The first culvert must be ready for delivery by July 18, 2023. The second culvert must be ready for delivery by August 1, 2023.

Project Work Schedule – Provide a work schedule showing anticipated fabrication and delivery of materials. The initial schedule shall be submitted within 14 days of Notice to Proceed and updated as required by the County.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

III.C Measurement & Payment

A. Measurement – The quantity of the Reinforced Concrete Box Culverts be measured on the lay length basis.

B. Payment - The accepted quantities of Reinforced Concrete Box Culverts and related work items performed under this contract will be paid for at the Contract unit price, per foot.

C. Payment for precast structures includes all required precast sections, gaskets, and sealing material.

D. Payment will be payment in full for furnishing and delivering all materials and picking equipment.

E. No separate or additional payment will be made for delivering materials to the project site, coordinating with the County’s roadway contractor for delivery of the materials, storing materials prior to delivery, and updating schedules.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

IV. PRICING PROPOSAL

CULVERT 1: 75 FEET 10' X 5' PRECAST SPLIT REINFORCED CONCRETE BOX CULVERT

Must be ready for delivery prior to July 18, 2023

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 10' x 5' Precast Split Reinforced Concrete Box Culverts

75 FT

TOTAL

CULVERT 2: 40 FEET 10' X 5' PRECAST SPLIT REINFORCED CONCRETE BOX CULVERT

Must be ready for delivery prior to August 1, 2023

Line Item Description Quantity Unit of Measure

Unit Cost Total

1 10' x 5' Precast Split Reinforced Concrete Box Culverts

40 FT

TOTAL

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

V. VENDOR QUESTIONNAIRE

V.A 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

V.B Solicitation Requirements*

Did you read through and confirm that you met all of the Solicitation requirements?

☐ Yes

☐ No *Response required

V.C 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

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

V.D 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

V.E 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

V.F 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

V.G Business Hours*

Please enter your regular business hours

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

V.H Oregon Secretary of State Business Registry*

Enter your registry number without dashes or spaces. If you are not currently registered enter N/A. If you are the successful bidder you will be required to register with the Secretary of State in order to contract with the County.

*Response required

V.I 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

V.J 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

V.K 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

V.L Bid Documents

Please upload any required documents here including a copy of the bid bond if required.

V.M Solicitation Awareness*

How did you find this solicitation?

Select all that apply

☐ Washington County Website

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

☐ 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 *Response required

V.N Bidder Responsibility Form

Note: Information provided in this form is part of the inquiry concerning bidder responsibility, and this form must be submitted with your bid.

V.N.1 1. How many years has your organization done business under the present business name? *

*Response required

V.N.2 How many years under different name(s)? List different names, if any, and dates of operation. *

*Response required

V.N.3 What type of organization are you?*

☐ Bidder is an Individual

☐ Bidder is a Corporation

☐ Bidder is a Limited Partnership

☐ Bidder is a General Partnership

☐ Bidder is a Joint Venture *Response required

V.N.4 Organization Information*

Respond as it applies to your organization:

Individual:

Name of Individual (First, Middle, Last) & Doing Business as:

Corporation:

Name of Corporation as registered with the state of Oregon, Date of Incorporation:

_______________State of Incorporation, Name of President, Name of Secretary, Name of Treasurer, Name of Manager

Limited Partnership, General Partnership, Joint Venture:

Name of Limited/General Partnership or Joint Venture as registered with the state of Oregon and Name of persons or parties composing the Limited/General Partnership or Joint Venture (Indicate whether an individual or corporation):

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

*Response required

V.N.5 What percent of the work do you normally perform with your own forces? *

*Response required

V.N.6 List Trades directly employed by you:*

*Response required

V.N.7 List the Construction Equipment you own or lease long-term:*

*Response required

V.N.8 Have you ever failed to complete any work awarded to you? *

☐ Yes

☐ No *Response required

V.N.9 If the above question was answered yes please indicate when, where, and why?

V.N.10 Have you ever defaulted on a contract?*

☐ Yes

☐ No *Response required

V.N.11 If the above question was answered yes please indicate when, where, and why?

V.N.12 If the answer to 18.10 is yes what was the result: Lawsuit? Judgment?

Arbitration? Settled? Other?

If you answered other please explain

V.N.13 Are there currently any unpaid judgments against the business or any of its principals? *

☐ Yes

☐ No *Response required

V.N.14 If you answered yes to the above question please describe.

V.N.15 Has any Officer or Partner of your organization ever been an Officer or Partner of another Organization that failed to complete a construction contract? *

☐ Yes

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

*Response required

V.N.16 If you answered yes to the above question please describe circumstances below:

V.N.17 List major construction projects your organization currently has under contract:*

Project name:

Owner / Contact Name & phone #:

Architect/Engineer:

Contract Amount / Contract Date:

% Complete / Schedule Complete:

*Response required

V.N.18 List major projects, similar to the one being bid, that your organization completed in the past 5 years.*

Project name:

Owner / Contact Name & phone #:

Architect/Engineer:

Contract Amount / Date Awarded:

% Completed with own forces:

*Response required

V.N.19 List the construction experience of the principal individuals in your Organization; which ones will be assigned to this project (including the percentage of their time to be assigned to this project):*

Individual’s Name:

Construction experience - years:

Present position & years with organization:

Percentage of individual's time to be assigned to project:

*Response required

V.N.20 Have any of the principal individuals in your Organization been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property? *

☐ Yes

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

*Response required

V.N.21 If you answered yes to the question above describe circumstances below:

V.N.22 Have any of the principal individuals in your Organization been the subject to a civil judgment for fraud? *

☐ Yes

☐ No *Response required

V.N.23 If you answered the above question with yes please describe circumstances below:

V.N.24 Bank References:*

*Response required

V.N.25 Trade References*

*Response required

V.N.26 List names of Bonding and Insurance Companies, name and address of agents, and maximum bonding capacity. What portion remains on this Bonding Capacity at the time of submittal of the Bid?*

*Response required

V.N.27 The bidder agrees to furnish, upon request by the County, within five-days after the Bid Opening, a current Statement of Financial Conditions, including Contractor’s latest regular dated financial statement or balance sheet which must contain the following items: *

• Current assets: (cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and materials and prepaid expenses), net fixed assets and other assets.

• Current liabilities: (Accounts payable, notes payable, accrued interest on notes, provisions for income taxes, advances received from owners, accrued salaries accrued payroll taxes), other liabilities, and capital (capital stock, authorized and outstanding shares per values, earned surplus).

☐ Please confirm

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

VI. INSTRUCTION TO BIDDERS

VI.A Deadline Disclaimer

It is the responsibility of the bidder to upload and submit electronic bids before the deadline date and time approaches as posted on the County's Procurement Portal. Allow for a sufficient amount of time for the bid entry/document upload process in order to ensure timely submission.

Some people are experiencing problems with the Internet, so make sure that all documents are uploaded as soon as possible well in advance of the deadline. The County's Procurement Portal will close promptly at the deadline date and time…no exceptions are allowed.

VI.B Overview

The following instructions, terms and conditions apply to all bids or other such offers to provide goods to Washington County.

VI.C Precedence of Bid Documents

The order of precedence of documents is as follows:

1. Instructions to Bidders

2. Specifications/Scope of Work

3. Pricing Proposal

4. Special Instructions

VI.D Copies of Bid Documents

Documents obtained from sources (such as directly from other bidders) other than www.WashCoPurch.com/biz are not valid solicitation documents. It is the bidder’s responsibility to insure they are listed as an interested party on the County's Procurement Portal website for a particular project in order to receive notification of all addenda as well as additional relevant information.

VI.E Bidder's Requirements

If this solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should indicate “No Bid” in the column provided for any item on which no price is submitted.

The bidder further agrees to the following:

A. To examine all specifications, instructions, terms and conditions thoroughly.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

B. To provide for appropriate insurance, bid guaranties, and performance bonds as required.

C. To comply fully with specifications as attached for the agreed bid and/or contract, especially where materials and work are involved.

D. To clean up all debris and remove debris from the site as specified.

E. All equipment replaced or removed by the bidder shall remain the property of the County unless otherwise noted in the specifications or special instructions.

F. Upon completion of the contract and/or delivery and installation, to pass a good, free and clear title for goods and services rendered to the County. Such goods and services shall be free of all claims, mechanic’s liens, subcontractor judgments and other encumbrances which might cloud the County’s title to said goods and services.

G. That they have met any and all registration requirements where required for contractors as set forth in the Oregon Revised Statutes. As required, bidders shall furnish a valid contractor's license number at the time of bid opening.

H. To accept any claims, liens and demands to indemnify the County and hold harmless the County and preserve the property the entire time of equipment installation and/or contract duration.

VI.F Specification Protest Process

Delivery: Any protest of the specifications must be delivered to the County in writing no later than seven (7) calendar days prior to the bid closing date, a postmark is not sufficient, as follows:

Specification Protest Bid #:2023.043-ITB Washington County Procurement Division ATTN: Procurement Manager 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon 97124-3072

A. Content: A written protest must include:

1. Sufficient information to identify the solicitation that is the subject of the protest;

2. The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name;

3. Evidence or supporting documentation that supports the grounds on which the protest is based; and

4. The relief sought; and

5. A statement of the desired changes to solicitation document that the prospective bidder believes will remedy the conditions upon which the prospective bidder based its protest.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

B. County Response: The County may reject without consideration a bidder’s protest after the deadline established for submitting protest. The County shall provide notice to the applicable protestor if it entirely rejects a protest. If the County agrees with the protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation.

C. Extension of Closing: If the County receives a written protest in accordance with this Section the County may extend closing if the County determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document.

D. Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.

VI.G Cooperative Purchasing

1. Pursuant to the intent of Oregon Revised Statutes, Chapter 279A.200, any publicly funded city, county, district, agency or similar entity shall have the authority to purchase specified goods/services directly from contractor under the terms and conditions of this contract.

2. The proposer agrees to extend identical pricing and services to other public agencies for the same terms.

3. Each contracting agency will execute a separate contract with the successful proposer for its requirements. Any ordering and billing shall take place directly between the proposer and such entity.

4. Any proposer, by written notification at the time of the proposal due date and time, may decline to extend the prices, services and terms of this proposal to any, and/or all other public agencies. There is no penalty for declining cooperative procurements.

VI.H Bid Submission

A. All bids must be submitted through our electronic Procurement Portal.

B. Email, phone, fax and paper bids will not be accepted.

C. It is the responsibility of the bidder to submit electronic bids before the deadline date and time approaches as posted on the County's Procurement Portal.

D. It is the sole responsibility of the bidder to ensure receipt of bids and success of uploaded documents or bid modifications by the County by the specified time.

E. Bidders are required to use the bid forms or tables posted on www.WashCoPurch.com/biz.

VI.I Bid Guaranty Form and Bid Bond

The County has decided that the requirement of Bid Guaranty Form and Bid Bond will be waived for this project.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

VI.J Bid Opening

A. All bids received will be publicly opened immediately after the bid opening date and time.

All bidders and other persons who may be interested in this matter are invited to attend online through Microsoft Teams.

B. Bids shall contain all required documents and descriptive literature. The Vendor Questionnaire must be complete in order to submit your response. Any statement accompanying and tending to qualify a bid may cause rejection unless the statement is required or permitted.

C. Microsoft Teams Bid Opening Link

Join Microsoft Teams Meeting

+1 971-337-3439 United States, Portland (Toll)

Conference ID: 552 076 723#

VI.K Questions, Interpretations, and Addenda

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in www.WashCoPurch.com/biz.

A. Interpretations or clarifications considered necessary in response to such questions will be posted as addenda or in Questions and Answers in the County's Procurement Portal .

Bidders will be solely responsible to check for all addenda or questions and answers, if any, from the Procurement Portal prior to submitting their bid.

B. Questions received after Friday, March 17, 2023 will not be answered unless the County determines, in its sole discretion, it is in the public’s best interest to do so.

C. Only questions answered by formal written addenda, or made part of the solicitation in Questions and Answers, will be binding. Oral and other interpretations or clarifications will be without legal effect.

D. Written addenda may also be issued to modify the bid documents at the discretion of the County.

E. Receipt of addenda must be acknowledged on the County's Procurement Portal.

F. All questions pertaining to this bid shall be addressed only through the County's Procurement Portal. Do not contact any other Washington County staff, employee or official regarding this bid. Communication between bidder and any County staff is prohibited from the time the bid is advertised until the award of a contract to the bidder selected by The County.

VI.L Contract Award

The County reserves the right to award this bid based on the following:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Yjg5Mzg0ODQtMzk1OS00MmFmLTkxOTktMGU2OTZmNzkwM2Jm%40thread.v2/0?context=%7b%22Tid%22%3a%2240d27439-4752-4445-a1f9-bb649e5f3042%22%2c%22Oid%22%3a%22f1856ab8-0ab4-48d1-86c0-6b8a90c2c92b%22%7d

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

Lowest responsive, responsible bidder/s. The County reserves the right to award this contract to one or more contractors whichever is in the best interest of the County.

VI.M Execution of Contract

The successful bidder(s) shall within fifteen (15) business days from the date of receiving from the County the contract prepared and ready for execution, furnish the County the corporate performance and payment surety bonds specified herein if required and enter into a contract with the County.

If the successful bidder fails to comply with any of the requirements herein, the County may, at its option, determine that the bidder has abandoned the contract and the security accompanying this bid shall be forfeited and the same shall become the property of the County.

Successful bidder(s) will be held to all County policies and procedures.

VI.N Contract Administrator

The contract administrator is Stephen Cruise. The Authorized Representative(s) will be introduced after contract is fully executed.

VI.O Substantial Completion

Work to be performed under this contract must be completed within Culvert 1: July 18, 2023.

Culvert 2: August 1, 2023 days from the date the Notice to Proceed is received by the contractor, and, subject to authorized adjustments, Substantial Completion of the Work shall be achieved within the time frame indicated in the construction schedule as submitted by the successful contractor.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

VII. SPECIAL INSTRUCTIONS

VII.A 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.

VII.B 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.

VII.C Discrimination in Subcontracting

A. A contractor who contracts with a public contracting agency shall not discriminate against minority, women or emerging small business enterprises in the awarding of subcontracts. The contractor shall certify by signing the Certification and Contract Offer that the contractor has not discriminated against minority, women or emerging small business enterprises in obtaining any required subcontracts.

B. The public contracting agency may disqualify any person as a bidder on a public contract if the agency finds that the person has violated this section in a contract between the person and the agency.

C. If the person wishes to appeal the disqualification, the appeal procedure shall be pursuant to ORS 279C.450.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

VII.D 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.

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.

VII.E 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.

VII.F 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.

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd

VII.G 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.

VII.H 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.

VII.I 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 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.

VII.J 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

100685 - Precast Segmental Reinforced Concrete Box Culverts for NW West Union Rd 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.

VII.K 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 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.

VII.L 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.

VII.M Guarantee

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

VII.N 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.

VII.O 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.

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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.

VII.P 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.

VII.Q 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.

VII.R 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.

VII.S 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.

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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:

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.

VII.T 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.

VII.U 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.

VII.V 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.

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VII.W 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.

VII.X Bidder Responsibility Form Questions

A. Bidder will complete and submit the Bidder Responsibility Form Questions, signifying electronic signature by the Bidder, that states the qualifications of the firm for accomplishing the specified work with their bid.

B. The Bidder Responsibility Form addresses the following standards of responsibility:

1. Evidence of projects of similar scope undertaken and completed by the bidder for local government agencies within the last five (5) years. Previous project information should include: examples of scope of work similar to this project, the name of the project, the bidder's role on the project (general contractor or subcontractor), the date completed, the project engineer or architect, and the name of the public agency (include the public agency's address, phone number and contact person). To be considered for acceptance a bidder must demonstrate a minimum of three (3) consecutive years' experience in successfully executing work of the types specified.

2. Evidence of a satisfactory record of performance during the last five (5) years;

3. Evidence of sufficient financial, material, equipment, facility and expertise, necessary to meet all contractual responsibilities;

4. Evidence that the key subcontractors, installers and personnel supervisory proposed for this contract are qualified for the type of work specified; and

5. Evidence of a satisfactory record of integrity. A bidder may be determined to lack integrity if the County determines the bidder demonstrates a lack of business ethics such as violation of state environmental laws or false certifications made to an agency. The County may find a bidder non- responsive based on the lack of integrity of any entity having influence or control over the bidder (such as a key employee of the bidder that has the authority to significantly influence the bidder's performance of the Contract or a parent company, predecessor or successor entity). The standards for conduct disqualification under Washington County Procurement Rule 30-145(1)(a) may be used to determine a bidder's integrity. Copies of any letters of recommendation or appreciation from other public agencies of previous improvement projects successfully completed by the bidder would be accepted but are not required.

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VII.Y Permits and Fees

A. The County will pay for any general plan checking fees, the general building permit, and all system development fees required by Code and other regulatory agencies necessary for completion of the project.

B. The Bidder shall obtain and pay for all other necessary permits and licenses (i.e., mechanical, electrical, plumbing, low voltage etc.), except for those specifically excluded, for the construction of the Work, for temporary obstructions, enclosures, opening of streets for pipes, walls, utilities, environmental work, etc. Bidder shall be responsible for all violations of the law, in connection with the construction of the project or caused by obstructing streets, sidewalks or otherwise resulting from its failure to obtain required licenses and permits. Bidder shall give all requisite notices to public authorities. The Bidder shall pay all royalties and license fees.

C. It is the contractor’s responsibility to secure all certificates of inspection and of occupancy as required by the public authority.

VII.Z Work Report

The contractor shall provide a written report to the contract administrator if requested. The work report shall be on the company’s letterhead showing the following:

a. Date and time of work request

b. Time spent on work request

c. The cause of the problem requiring work

d. Building name where work occurred

e. Work order number given by County staff requesting work

The work report shall be emailed to the contract administrator. This report is independent of any billing invoices.

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VIII. PROGRAM COMPLIANCE REQUIREMENTS

VIII.A Subcontractor Payment and Utilization Reporting

This project is subject to Washington County’s Contract Compliance Reporting System’s (CCRS) requirements.

The prime contractor and all subcontractors are required to provide all contract compliance-related data electronically through the CCRS: B2Gnow and LCPTracker. The prime contractor and all subcontractors are responsible for responding to any instructions or requests for information, and should regularly check the CCRS to manage contact information and contract records.

The prime contractor is responsible for ensuring all subcontractors have completed all requested items and that subcontractor’s contact information is accurate and up-to-date. The County may require additional information related to the contract be provided electronically through the CCRS at any time.

Upon award of the contract, the County’s compliance officer will provide information related to the contract by sending an invite to the prime contractor to access the CCRS, such system is accessible at: https://washcopurch.mwdbe.com/?TN=washcopurch.

VIII.B Clean Air Construction – Fleet Registration and Compliance Determination

1. In February of 2020, Washington County adopted the Clean Air Construction (CAC) Standard (www.portlandoregon.gov/cac). As such, all diesel nonroad equipment over 25hp and all diesel concrete mixers and dump trucks used on this project will need to meet the CAC requirements.

Best Available Control Technology (BACT) approach means that for that specific vehicle or piece of equipment, that among all potential options, the emission control device that maximizes diesel particulate matter reductions was installed. A “DPF or equivalent” emission control device is defined as capturing diesel particulate matter at a level of 85% or greater.

Prior to the submission deadline, the bidder/proposer shall register their CAC-applicable construction…