A2 RFP S-63400-00006618 Marine Debris Removal Oswald West State Park.pdf

Addendum #2 RFP S-63400-00006618

Date: May 12, 2023

Oregon Parks and Recreation Department

ADDENDUM #2

RFP S-63400-00006618

OPRIS: 9459

Marine Debris Removal Oswald West State Park

This addendum modifies the solicitation document(s) for work only to the extent indicated herein. All other areas not specifically mentioned or affected by this addendum shall remain in full force. This addendum shall be added as a part of the original solicitation document and shall become part of the work required.

Deleted language is shown within [brackets]. New language is show in Bold and Underlined.

New Attachments or Sections deleted in their entirety and replaced will not show [brackets] or Bold and Underlined, they will be labeled, “REVISED XXXXXXX.”

ADDENDUM

1. Attachment A – Sample Contract, Section 11.1 shall be modified as follows:

11.1 Claims. Contractor shall defend, save, hold harmless, and indemnify the State of Oregon and OPRD and their officers, employees and agents from and against all third party claims, suits, actions, losses, damages, liabilities, costs (including attorneys’ fees) and expenses (collectively, "Claims") of any nature whatsoever resulting from, arising out of, or relating to the negligent activities, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents under this Contract, including but not limited to, unauthorized disclosure of Confidential Information, professional malfeasance, infringement of intellectual property rights, intentional, willful, or wanton wrongful acts, and acts outside the scope of Services set forth in this Contract.

RFP OPENING DATE AND TIME:

Remains unchanged: May 17, 2023 at 2:00 PM

Prospective Proposers have until Colse of Business on May 15, 2023 to submit written questions or protests regarding this Addendum.

This addendum constitutes a MATERIAL CHANGE to the solicitation. Its receipt by the Proposer is to be acknowledged per Attachment C of the RFP.

Addendum prepared by:

Julie L. Cone julie.cone@oprd.oregon.gov

End of Addendum #1

Addendum #2 RFP S-63400-00006618

OPRD CLARIFICATIONS AND RESPONSE(S) TO QUESTIONS

The following provides OPRD’s answers to questions received from prospective Proposers. The information provided below is for clarification purposes only and does NOT constitute a change to the solicitation documents or requirements.

1. QUESTION: Proposer requests that if we are the successful bidder the word “activities”

(highlighted below) be changed to “negligence.” Alternatively, we are willing to accept adding, “except to the extent related to OPRD’s, or it’s employee’s or agent’s fault” at the end of the paragraph.

Attachment A, Sample Contract, Section 11.1

11.2 Claims. Contractor shall defend, save, hold harmless, and indemnify the

State of Oregon and OPRD and their officers, employees and agents from and against all third party claims, suits, actions, losses, damages, liabilities, costs (including attorneys’ fees) and expenses (collectively, "Claims") of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract, including but not limited to, unauthorized disclosure of Confidential Information, professional malfeasance, infringement of intellectual property rights, intentional, willful, or wanton wrongful acts, and acts outside the scope of Services set forth in this Contract.

RESPONSE: OPRD is willing to change ‘activities’ to ‘negligent activities, errors, or omissions’.

CLARIFICATION