Clatsop County RFP for Engineering Services.pdf
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- Solicitation number
- S-C00040-00011981
- Issued by
- Benton County, Oregon
About this file
This document is a Request for Proposals (RFP) issued by the Clatsop County Public Works Department for Engineering Design Services for the Westport Sewer Service District. The County is seeking a qualified consultant to provide project management, preliminary and final design, environmental documentation and permitting, grant assistance, construction design support, and project closeout services for multiple improvement projects identified in the District's recent Facilities Plan. The RFP provides details on the scope of services, project schedule, proposal submission requirements, and the selection process. Proposals are due by November 27, 2024, and the County intends to award a contract and issue a Notice to Proceed by January 15, 2024, with a deadline to use the American Rescue Plan Act (ARPA) funding for the engineering services by December 31, 2026.
The RFP states that the County will negotiate the final contract, scope of work, schedule, and fee with the selected consultant. The contract will be on a time and materials basis with a maximum "not to exceed" fee. The County plans to use a Community Development Block Grant and ARPA funds to pay for the engineering services and subsequent construction of the identified improvements to the Westport Sewer Service District's collection system and treatment plant.
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| Westport Sewerl Addendum No. 1.pdf |
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CLATSOP COUNTY
REQUEST FOR PROPOSALS
For
Engineering Design Services for the
Westport Sewer Service District
Clatsop County Public Works Department Dean Keranen, PE, County Engineer
1100 Olney Avenue Astoria, Oregon 97103
503 325 8631 October 30, 2024
Proposals due November 27, 2024 not later than 2:00 pm
REQUEST FOR PROPOSALS FOR ENGINEERING DESIGN SERVICES FOR THE
WESTPORT SEWER SERVICE DISTRICT
The Clatsop County Public Works Department is conducting a Request for Proposals for Engineering Services from experienced and qualified engineering firms for multiple projects as identified in the Facilities Plan for the Westport Sewer Service District. It is the intent of the County to hire a qualified consultant who can provide project management, preliminary design, environmental documentation, permitting assistance, grant assistance, final design services, construction design support services, and project closeout. The final product sought is construction contract documents including plans, specifications and cost estimates ready for bid. RFP documents are available on the County website at http://www.clatsopcounty.gov.
Documents can also be viewed at 1100 Olney Ave, Astoria, Or 97103. Sealed proposals will be received by the County Engineer, Dean Keranen, at 1100 Olney Ave., Astoria, OR 97103 until 2:00 p.m. on November 27, 2024. Any proposal received after the specified time will not be considered. Faxed or electronic submittals will not be accepted.
Proposals shall be submitted by firms that have a capable and demonstrable background in the type of work described in this Request for Proposals. In addition, all interested firms shall have sufficient, readily available resources, in the form of trained personnel, support services, specialized consultants and financial resources, to carry out the work without delay or shortcomings.
GENERAL INFORMATION
The Westport Sewer Service District provides sewerage services for the unincorporated community of Westport on the Columbia River in Clatsop County. The community petitioned Clatsop County for the formation of a Service District for the purpose of providing sewerage services.
The Clatsop County Commissioners formed the District in 1985 and managed the provision of a community-wide sewage collection system and wastewater treatment plant. The collection system was constructed using existing individual septic tank systems, but conveyed the settled sewage to a common treatment system. Treatment included a large settling tank (48,000 gallons) and a Recirculating Gravel Filter (RGF) with chlorine disinfection before discharge to the Westport Slough connected to the Columbia River.
The RGF system was constructed to recirculate the wastewater stream 4:1 to ensure oxidation of the wastes. It soon became evident that the infiltration of groundwater during the wet weather months was more than the RGF could treat effectively.
The resolution of the problem was to add treatment capacity to treat the groundwater and sewage in the winter and sewage alone in the summer. A proprietary system of 24 Advantex treatment pods was installed to filter, aerate and treat all the water. In a move to save capital expense, the 4:1 recirculating manhole and piping system were retained as part of the upgrade.
The 24 pods are each fitted with racks of hanging fabric sheets over which the wastewater is distributed by sprinkler systems. Bacterial buildup on the fabric accomplishes removal and metabolic breakdown of wastewater contaminants.
The treatment plant was upgraded in 2007 to add a UV treatment system to comply with DEQ requirements to eliminate the use of chlorine for disinfection. In 2020 a chemical feed unit was installed to deal with low PH issues. During the winter months, there is dilution due to inflow and infiltration issues. Wastewater flows drop from more than 50,000 gallons per day in the winter to 12,000-15,000 gallons per day in the summer. Some of these infiltration issues have been repaired but there are still infiltration and inflow issues.
Due to the proximity of the sewer plant outfall to the newly constructed boat ramp, a condition of the District’s 2019 NPDES permit was to create an outfall relocation/modification plan.
County staff prepared this plan and submitted it to DEQ.
In 2021 the District put out an RFP to solicit proposals from vendors qualified to prepare a General Sewer/Wastewater Facilities Plan. This plan was completed at the end of 2023 and identified multiple improvements necessary to improve the system and its components.
The District has determined it would like to pursue the following improvements identified in the Facilities Plan for the Sewer District:
UV replacements (either a UV Disinfection channel system or replacement of the existing UV units)
Controls replacement and Telemetry Improvements Collection Systems Repairs – Priority 1 and 2 Outfall Relocation Discharge Pump Replacements Sludge Collection Tank (in replacement of the proposed clarifier) Miscellaneous items outside of the Facilities Plan that would also be included in the scope of work:
o Main office building repairs o Retrofit flow splitter manhole with adjustable controls o Install cover/roof over the dosing pump controls o Upgrade pumps/controls at 2 pump stations o Replace pumps/wiring/piping in 11 pumped septic tanks o Install 4” piping from discharge piping to recirculation tank o Install a liner in the 24” gravity effluent line (previous contact chamber)
Following a One-Stop meeting with Business Oregon that identified multiple funding streams, the District is intending on pursuing a Community Development Block Grant for these improvements. The District will be using American Rescue Plan Act (ARPA) funding for the engineering services identified in this Request for Proposals.
The following reports, studies and plans are available by request for review:
Westport Sewer Collection and Treatment Plans 1984 Predesign Report for Plant Disinfection improvements March 2004 Plant Upgrade Predesign report August 2005 for Filter Pods and UV disinfection Westport Treatment Plant UV upgrade as-built 2007 Performance Evaluation March 2007 Operations and Maintenance Manual June 2007 Engineering Report April 2015 – PH issues 2019 NPDES Permit and Permit Evaluation Report Engineering Plans for Chemical Feed Unit as-built 2020 2021 Outfall Relocation Plan (prepared by County) Wastewater Facilities Plan 2023 2024 NPDES Permit and Permit Evaluation Report
SCOPE OF SERVICES
The County is seeking consulting services for the following tasks:
Task 1: Project Management and Coordination
1. The consultant shall be responsible for providing project management and quality control services throughout the duration of the project. The consultant shall deliver a high-quality product within budget and on schedule.
2. The consultant shall meet periodically with the County to discuss the project, present design options, review alternatives, etc.
3. The consultant shall provide monthly schedule updates in conjunction with submittals of invoices.
Deliverables:
Project Schedule and updates Meeting agendas and minutes for all design and coordination meetings
Task 2: Design
1. The consultant shall coordinate with pertinent utility companies, regulatory agencies, stakeholders, material and equipment suppliers, etc. The consultant shall coordinate with Oregon Department of Environmental Quality (DEQ) for review and approval of all designs. As stated in the Facilities Plan approval letter by DEQ, it is recommended that a pre-design report is reviewed and agreed upon by the County and DEQ prior to final design.
2. The consultant shall conduct all field, topographic and control surveys, prepare all geotechnical, mixing zone and/or other studies and reports, and complete all design calculations. All topographic survey, property lines, and easements shall be mapped and accurately provided in AutoCAD format for use during design.
3. The consultant shall produce 35% conceptual plans as well as 65%, 95%, and 100%
PS&E submittal packages for County review unless otherwise agreed upon.
4. The consultant shall prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plotted electronically to PDF in 22”x34” size, and shall be signed by the engineer in responsible charge licensed in the State of Oregon, and ready for reproduction.
5. The plans shall be drawn using 2023 Civil 3D, or a more recent version.
6. Specifications shall be written in the format of the Oregon standard specifications unless another format is mutually agreed upon.
7. The schedule of items shall address all items of work as specifically as possible and shall indicate as precisely as possible the quantities.
8. Although the County intends on completing all the items in a single project, it would be preferred if each individual project could be identified as an option for the overall project. This would be beneficial if the County is unable to secure all the grant funding for the project as a whole.
Required engineering studies Pre-Design Report for review and approval by DEQ 35% conceptual drawings, 65%, 95%, and 100% PS&E submittals in electronic (PDF, AutoCAD, Word and Excel) format Final bid documents in electronic format
Task 3: Environmental Compliance and Permitting
1. The consultant shall be responsible for preparing, submitting and obtaining all required permits and environmental review documentation required by State, local, and jurisdictional agencies needed to ensure the project(s) are cleared for construction.
2. The consultant shall prepare appropriate Oregon DEQ documents and any associated technical studies required to clear the project for construction.
3. The consultant shall prepare a schedule of permits with the required timelines to ensure each permit is obtained prior to the start of construction.
4. All environmental documents shall be prepared in preliminary and final draft stages for County review and shall incorporate any comments made during the preliminary document review.
Preliminary and final permit applications for submittal by the County
Task 4: Final Bid Phase and Bid Phase Support
1. The consultant shall attend the pre-bid meeting (if deemed necessary by the County) and respond to questions concerning the plans, specifications, and estimates prior to bid opening and prepare contract addenda, if required.
2. The consultant shall review construction bids received and make a recommendation to the County for award of construction contract(s).
Deliverables:
Prepare contract addenda, if required, for distribution by the County, including answers to bidder’s questions
Prepare recommendation to the County for the award of the construction contract(s)
Task 5: Construction Support Services
1. The consultant shall attend regularly scheduled construction meetings, including the pre-construction meeting, to respond to questions concerning the plans, specifications and estimates.
2. The consultant shall be available to be called to the site in response to questions arising from the progress of the work.
3. The consultant shall review all material submittals and shop drawings as required by the Special Provisions.
4. The consultant shall respond to Request for Information (RFIs) from the contractor when called for by the County and prepare modifications or revisions that are related to the project’s original scope and character.
5. The County shall not be billed for nor shall they pay for any revisions to the plans and specifications that are required due to errors or omissions in the original contract documents due to negligence or lack of attention to detail stemming from poor design or field work.
6. The consultant shall assist the County in preparation of contract change orders, if necessary.
7. The consultant shall provide construction inspection services for the project(s)
8. The consultant shall participate in the final walk though of the constructed project and assist in the preparation of “punch list” items in need of work.
9. The consultant shall prepare record as-built drawings following construction from mark-ups by the contractor and the resident engineer. Submittal of record drawings shall be on 22”x34” PDFs.
Attend meetings during construction, which includes the pre-con meeting with contractor
Responses to RFIs, material submittals, and shop drawings from the contractor
Plan revisions that are related to the project’s original scope and character Inspection reports Review contract change orders Meeting agendas and minutes
County Responsibility
The County shall provide the following:
1. Answering non-technical questions during advertisement period of this RFP.
Clarification offered by the County to one consultant shall be distributed to all known participants in writing through an addendum.
2. All contract administration.
3. Any County-owned utility underground maps and any existing information in the possession of the County necessary to complete the design.
4. Aerial photography as needed.
5. Reviewing all consultants’ deliverables and providing comments in a timely manner.
PROJECT SCHEDULE
Advertise RFP October 30, 2024
Deadline for Written Questions November 20, 2024
Proposals Submitted November 27, 2024
Interviews (if necessary) December 9-13, 2024
Consultant Selection December 18, 2024
Board of Commissioners Meeting January 8, 2024
Notice to Proceed January 15, 2024
Final Design To be determined
Construction Bid Package ready to Advertise To be determined
Deadline for use of ARPA project funding December 31, 2026
PROPOSAL SUBMITTALS
Questions and requests for clarification regarding this Request for Proposals should be directed in writing via email to the contact person listed.
The Proposal shall be concise, well organized, and demonstrate an understanding of the Scope of Services as outlined in this RFP. Proposals shall be limited to no more than thirty
(30) one-sided pages (8½”x11”, or 11”x17” for fold-out exhibits), inclusive of resumes, graphics, pictures, photographs, dividers, etc. Cover letters and front and back covers are excluded. Font size shall be 12 or larger. Proposal submittals shall consist of three (3) bound sets and one (1) PDF on a flash drive. Proposal submitted after the specified date and time will not be considered. Suggestions for modifications to the recommended design may be considered at the sole discretion of the County.
Questions and requests for clarification regarding this Request for Proposals should be directed in writing via email to the contact person listed below no later than the deadline identified in the Project Schedule. An addendum will be issued to all recorded holders of the RFP if a substantial clarification is in order. Firms who intend to submit a proposal shall send an email request to the County at roads@clatsopcounty.gov to be included on the list of RFP holders. All addenda will be posted on the County’s Web site. By submitting a Proposal, the proposer affirms that they are aware of any addenda and have prepared their Proposal accordingly. No allowances will be made for a proposer’s failure to inform themselves of addenda content.
Any official interpretation of the Request for Proposals must be issued in writing by the contact of the County who is authorized to act on behalf of the County, or by the County's Legal
Department. The County shall not be responsible for verbal interpretations or other interpretations offered by employees of the County who are not authorized to act on behalf of the County for this project.
Proposals shall include the following to be considered:
1. Project understanding outlining the consultant’s basic understanding of the project and identifying key issues to be addressed during the project and any insights.
2. A detailed project approach and level of effort, in accordance with the section entitled
“Scope of Services” of this RFP.
3. A project schedule including at minimum, those tasks outlined in the section entitled “Scope of Services” of this RFP.
4. A Statement of Qualification (SOQ) that includes:
a. The proposer’s experience and history in performing this type of work, particularly those projects that have been successfully carried through construction.
b. References of persons, firms, or agencies that the County may contact to verify the experience of the proposer; include phone numbers and email addresses.
c. An organization chart setting forth the project manager, staff and subconsultants.
d. Experience for each individual expected to perform responsible portions of the work. Do not submit resumes for individuals who do not have a high probability of actually leading or working on the project.
e. Experience for each sub-consultant.
5. Statement of Proposal: The Statement of Proposal, included as Attachment A of this RFP, shall be added to each quote and must be signed to specifically stipulate that all terms and conditions contained in the Request for Proposals will be complied with by the Consultant. The Statement of Proposal must also state the name(s) of the person(s) authorized to sign a contract between the County and the Consultant. The Statement of Proposal must be signed by a legal representative of the proposing firm, authorized to bind the firm in contractual matters. A personal professional services agreement will be required to be signed upon selection of a consultant. An example is contained in Attachment B.
Proposals must be submitted through standard mail or other delivery service. The envelope should be marked “Engineering Design Services for the Westport Sewer Service District” along with the return name and address of the proposer. Proposals shall be submitted to:
Clatsop County Public Works Department Attn: Dean Keranen, PE, County Engineer 1100 Olney Avenue Astoria, Oregon 97103
Proposals shall be submitted by 2:00 p.m. on November 27, 2024.
SELECTION PROCESS (100 points)
A review and selection committee, made up of County staff and possibly other outside professionals, will evaluate the consultants based on the Proposals and, if necessary, an oral interview to determine which consultant is best qualified to perform the work for this project.
The committee will then determine a ranking of the consultants at which time negotiations will begin with the most qualified consultant.
The consultant fee, which is submitted after the selection of the most qualified consultant, will be evaluated to determine if the amount of the fee is considered a reasonable cost for the work outlined in the Proposal. Negotiations will be opened to ensure that the top-ranked consultant has a full understanding of the expectations of the County, that the scope reflects all tasks anticipated and that the fee reflects completion of the project to the satisfaction of the County.
In the event the County and the top-ranked consultant are unable to come to an agreement as to scope and fee, the County reserves the right to close negotiations with the top ranked consultant and open negotiations with the second-ranked consultant.
Once an agreement is reached involving the scope and fee, the Public Works Director will make a recommendation to the Board of Commissioners to award the project to the selected consultant and to authorize the County Manager to sign an agreement with that consultant. If the Board of Commissioners agrees with the recommendation, County staff will proceed with the completion of the agreement and prepare the contract for execution.
Ranking of the Proposals will be based on the following point system (100 points maximum):
1. Inclusion of all required items and completeness of the Proposal (5 points)
2. Understanding of the work to be done (25 points)
3. Previous experience of similar projects completed on time and within budget (20 points)
4. Qualified and experienced personnel in the project team (15 points)
5. Capability of developing innovative or advanced techniques (10 points)
6. Familiarity with state and federal permitting procedures (10 points)
7. Commitment to adhering to the project schedule and budget (5 points)
8. Clear description of the tasks and demonstrated technical ability (10 points)
The County will notify each consultant regarding the outcome of the Proposal selection process.
The County reserves the right to: (a) accept and reject any and all Proposals and/or any part or parts thereof, (b) negotiate modifications of Proposals submitted, (c) negotiate terms and conditions with Proposers which are different than those specified in this RFP, (d) discontinue, suspend, or abandon the proposed work, (e) amend or withdraw this RFP at any time, and/or
(f) terminate this RFP and proceed in some other manner. The selected Proposer will be required to enter into an Agreement with the County and submit proof of insurance. It is the responsibility of the Proposer to obtain any necessary governmental permits or submit any required reports.
INTERVIEWS (IF CONDUCTED)
Interviews may be conducted and scored at the discretion of the County. A short-list of up to three (3) firms may be derived from the firms with the top scores based on the scoring criteria set forth above. If interviews are conducted, only the short-listed firms will be requested to attend and the following will apply: Interview scores will have a maximum value of 25 points and will be combined with the Scored Criteria to arrive at a total score. The final total scores will be ranked to determine the apparent successful Proposer(s).
NEGOTIATIONS
Contract negotiations will proceed with the selected firm.
The County reserves the right to negotiate final contract, scope of work, schedule and fee with the selected firm as provided for in OAR 137-048-0220 and Clatsop County Local Contract Review Board Rules.
The County shall, either orally or in writing, formally terminate negotiations with the highest-ranked Proposer if the County and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. The County may thereafter negotiate with the second-ranked Proposer, and if necessary, with the third-ranked Proposer, and so on, in accordance with OAR 137-048-0220.
The County may reject any and all Proposals prior to Contract execution and may cancel this RFP at anytime if the County believes it is in the public interest to do so. The County is not liable for any costs or expenses incurred by RFP cancellation or Proposal rejection.
Each firm shall prepare a cost estimate for use in the negotiations in this section. This cost shall not be submitted with the proposals but shall be pre-prepared and readily available. It should be taken into account that the contract with the successful proposer shall be on a time and materials basis with a maximum “not to exceed” fee, being the maximum cost to perform all work. This figure shall include direct costs, including labor, overhead, profit, and expenses, such as, but not limited to, transportation, communications, subsistence, materials, and any subcontracted items of work to obtain environmental clearance, approved regulatory permits, contract documents, and construction support. Progress payments for this contract will be based on actual hours, hourly costs and support service costs charged to the project on a monthly basis.
COUNTY CONTACT PERSON
Dean Keranen, PE, County Engineer Phone: (503) 325-8631 Email: dkeranen@clatsopcounty.gov
Attachment A
CLATSOP COUNTY
STATEMENT OF PROPOSAL
Name of Firm_______________________________________________________________
Mailing Address_____________________________________________________________
Contact Person _____________________________________________________________
Telephone ______________________________ Fax ____________________________
Email __________________________________
We hereby accept all the terms and conditions contained in the Engineering Design Services for the Westport Sewer Service District Request for Proposals.
Date
Signature of authorized representative
Type name of authorized representative
Type name of person(s) authorized to negotiate contracts
Type name of person(s) authorized to sign contracts
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CLATSOP COUNTY, OREGON
800 Exchange Street, Suite 410
Astoria, OR 97103 An Equal Opportunity Employer
Contract No.__________
PERSONAL/PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is by and between Clatsop County (“County”) and __________________________________ (“Contractor”). Whereas County has need of the services which Contractor has agreed to provide; NOW THEREFORE, in consideration of the sum not to exceed $____________ to be paid to Contractor by County, Contractor agrees to perform between date of execution and _______________, inclusive, the following specific personal and/or professional services:
1. COMPLETE AGREEMENT. This Agreement contains the entire understanding of the parties and supersedes all prior agreements, oral or written, and all other communication between the parties relating to the subject matter of this Agreement.
2. WRITTEN NOTICE. Any notice of termination or other communication having a material effect on this Agreement shall be served by U.S. Mail on the signatories listed.
3. GOVERNING LAW/VENUE. This Agreement shall be governed by the laws of the State of Oregon. Any action commenced in connection with this Agreement shall be in the Circuit Court of Clatsop County. The prevailing party shall be entitled to reasonable attorney fees and costs, including an appeal. All rights and remedies of County shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of County according to law.
4. COMPLIANCE. Contractor shall comply with all applicable Federal, State, and local laws, rules and regulations. All provisions of ORS 279B.220-235 (Public Contracts and Purchasing) are incorporated herein to the extent applicable to personal/professional service agreements. Specifically, Contractor shall:
a. Promptly pay, as due, all persons supplying labor and material for the prosecution of the work provided of in such contract. If Contractor fails to pay any such claim, County may pay the claim and charge the payment against the funds due Contractor, pursuant to
ORS 279B.220;
dkeranen Typewritten Text Attachment B
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b. Pay any required contributions due the Industrial Accident Fund incurred in the performance of the contract;
c. Not permit any lien or claim to be filed or prosecuted against County, on account of any labor or material furnished by Contractor;
d. Pay the Department of Revenue all sums withheld from employees pursuant to ORS 316.167;.
e. Not employ any person more than 10 hours a day, or 40 hours a week, unless permitted under ORS 279B.235, and any employee working over 40 hours per week shall be paid overtime as provided in ORS 279B.235.
f. Pay promptly, as due, any payment for medical surgical or hospital care furnished to employees of Contractor, pursuant to ORS 279B.230.
g. If Contractor is a subject employer, Contractor will comply with ORS 656.017.
5. JUDICIAL RULINGS. If any provision of this-as applied to either party or to any circumstances shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity of enforceability of the Agreement.
6. INDEPENDENT CONTRACTOR. Contractor, in carrying out the services to be provided under this Agreement, is acting as an "independent contractor" and is not an employee of County, and as such accepts full responsibility for taxes or other obligations associated with payment for services under this Agreement. As an “independent contractor", Contractor will not receive any benefits normally accruing to County employees unless required by applicable law. Furthermore, Contractor is free to contract with other parties, on other matters, for the duration of this Agreement.
7. INDEMNIFICATION. Contractor shall save harmless, indemnify, and defend County for any and all claims, damages, losses and expenses including but not limited to reasonable attorney's fees arising out of or resulting from Contractor's performance of or failure to perform the obligations of this Agreement to the extent same are caused by the negligence or misconduct of Contractor or its employees or agents.
8. INSURANCE. Contractor shall purchase and maintain at Contractor's expense, Comprehensive General Liability, Automobile Liability, and Professional Liability insurance. This insurance is to provide separate coverage for each of the required types of insurance at a minimum of $701,300 for property damage and minimum of $855,200 per person for bodily injury and no less than $1,710,200 for each occurrence. In addition, all such insurance, with the exception of Professional Liability, shall name County, its Commissioners, employees and agents, as an Additional Insured. A copy of the policy or certificate of insurance acceptable to County shall be submitted to County.
9. WORKER'S COMPENSATION. Contractor shall comply with ORS 656.017 for all employees who work in the State of Oregon. If Contractor hires employees, he or she shall provide County with certification of Worker's Compensation Insurance, with employer's liability in the minimum of $100,000.
10. NONDISCRIMINATION. No person shall be subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age or national origin. Any violation of this provision shall be considered a material violation of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part by County.
11. TERMINATION OF AGREEMENT. This Agreement may be terminated under the following conditions:
a. By written mutual agreement of both parties. Termination under this provision may be immediate.
b. Upon fifteen (15) calendar days written notice by either Party to the other of intent to terminate.
c. Immediately on breach of the contract.
Upon termination of this agreement, Contractor shall be entitled to receive full payment for all services
3 | P a g e satisfactorily rendered up to the date of termination.
12. SUBCONTRACTING/NONASSIGNMENT. No portion of this Agreement may be contracted to assigned to any other individual, firm, or entity without the express and prior approval of County.
13. SURVIVAL. The terms, conditions, representations and all warranties contained in this Agreement shall survive the termination or expiration of this Agreement.
14. FUNDING. In the event the Board of Commissioners of County reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, Contractor agrees to abide by any such decision including termination of service.
15. STANDARD OF SERVICES AND WARRANTY. Contractor agrees to perform its services with that standard of care, skill and diligence normally provided by a professional individual in the performance of similar services. It is understood that Contractor must perform the services based in part on information furnished by County and that Contractor shall be entitled to rely on such information.
However, Contractor is given notice that County will be relying on the accuracy, competence and completeness of Contractor's services in utilizing the results of such services. Contractor warrants that the recommendations, guidance and performance of any person assigned under this Agreement shall be in accordance with professional standards and the requirements of this Agreement.
16. COUNTY PRIORITIES. Contractor shall comply promptly with any requests by County relating to the emphasis or relative emphasis to be placed on various aspects of the work or to such other matters pertaining to said work.
17. OWNERSHIP AND USE OF DOCUMENTS. All documents, or other material submitted to County by Contractor shall become the sole and exclusive property of County. All material prepared by Contractor under this Agreement may be subject to Oregon's Public Records Laws.
18. TAX COMPLIANCE CERTIFICATION. Contractor hereby certifies, under penalty of perjury, as provided in ORS 305.385(6), that to the best of Contractor's knowledge, Contractor is not in violation of any of the tax laws of this state or political subdivision of this state, including but not limited to ORS 305.380(4), 305.620 and ORS chapters 316, 317 and 318. Contractor represents that Contract will continue to comply with the tax laws of this state and any applicable political subdivision of this state during the term of the public contract. If Contractor’s fails to comply with the tax laws of this state or a political subdivision of this during the term of this agreement, the Contractor shall be in default and County may terminate this agreement and pursue its remedies under the agreement and under applicable law.
This Agreement will not be effective until approved by the authorized signatory for County.
FOR COUNTY: FOR CONTRACTOR:
Signature Date Signature Date
Title Title Address City State Zip
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| not to exceed $: |
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