Design,_installation,_repair_and_maintenance_of_County_building_awnings_(Addendum_#1_Revision).pdf

ITB

2021.004B

DESIGN, INSTALLATION, REPAIR AND MAINTENANCE OF

COUNTY BUILDING AWNINGS

Washington County, Oregon

155 N First Ave

Hillsboro, OR 97124

RELEASE DATE: January 5, 2021

DEADLINE FOR QUESTIONS: January 15, 2021

RESPONSE DEADLINE: January 21, 2021, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/washington-county-or https://secure.procurenow.com/portal/%7bproject.government.code%7d

Washington County, Oregon

ITB

Design, installation, repair and maintenance of County building awnings

I. Introduction II. Legal Advertisement

III. Instruction to Bidders IV. Scope of Work V. Pricing Proposal

VI. Special Instructions VII. Vendor Questionnaire

Attachments:

A - SCE_awning_photo_2

B - SCE_awning_photo_3

C - SCE_awning_photo_4

D - SCE_awning_photo_5

E - SCE_awning_photo_6

F - SCE_add_awning_photo_1

G - SCE_add_awning_photo_2

H - SCE_awning_photo_1

I - 2020 SERVICES CONTRACT SAMPLE

J - 2020-ATTACHMENT-C-

ITB #2021.004B

Title: Design, installation, repair and maintenance of County building awnings

1. INTRODUCTION

1.1. Summary

Washington County is looking to establish an awning contract to repair two (2) current awnings attached to the west side of the Service Center East Building entrance and fabricating/installing three(3) new awnings over the entry doors on the east side of the Service Center East Building located at 3700 SW

Murray Blvd. Beaverton, OR 97005.

1.2. Background

Washington County is currently in the process of renovating one of our locations, Service Center East.

The facility was created in the early 80’s for Nike, and in the early 2000’s, Washington County acquired the property. With many years of service, the facility needs some repairs.

1.3. Contact Information

Kiersten Angulo

Senior Buyer

155 North First Ave, Ste 270, MS 28

Hillsboro, OR 97124

Email: kiersten_angulo@co.washington.or.us

Phone: (503) 846-3585

Department:

Facilities

1.4. 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 5, 2021

Informational Pre-Bid Conference (Non-Mandatory)

January 14, 2021, 2:00pm

3700 SW Murray Blvd, Beaverton, OR 97005

Last Date to Submit Questions

January 15, 2021, 5:00pm

Bid Closing Date and Time

January 21, 2021, 2:00pm

Contractor Selection Date mailto:kiersten_angulo@co.washington.or.us tel:(503)846-3585

February 3, 2021

2. LEGAL ADVERTISEMENT

2.1. Legal Advertisement

WASHINGTON COUNTY, OREGON INVITATION TO BID

No. 2021.004B Design, installation, repair and maintenance of County building awnings

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.

The estimated expense for this contract will be $100,000 to cover this project and others identified over the life of the contract.

Bids must contain:

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

• Confirmation that bidder will comply with the statement in the bid document regarding compliance with the provisions of ORS 279C.800 to 279C.870 or 40 U.S.C. 3141 et seq. “Workers on Public Works to be Paid Not Less Than Prevailing Rate of Wage". A bid bond, certified check, or cashier’s check in the amount of ten percent (10%) of the maximum amount allowable under the contract on the County’s Bid Guaranty Form may be required.

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.

The Washington County Board of Commissioners 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 by the Purchasing Division.

All bidders must be registered with the Oregon Construction Contractors Board prior to submitting bids.

Failure to be registered will be sufficient cause to reject a bid as "non- responsive.”

Licensing per ORS 468A.720 (working with asbestos) is not required for this project.

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

Contractor will demonstrate that an employee drug and alcohol testing program is in place and that employees who are engaged in the construction, reconstruction or maintenance of a project (all public works projects) have tested negative for drugs and alcohol or have entered a rehabilitation program.

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. However, all bidders will be checked against the Bureau of Labor and Industries and the Construction Contractor’s Board list of contractors ineligible to receive public works contracts.

http://www.washcopurch.com/biz

Dated this 5th day of January, 2021

Kiersten Angulo

Senior Buyer

(503) 846-3585

Published: Jan 5, 2021 ORPIN, Daily Journal of Commerce

3. INSTRUCTION TO BIDDERS

3.1. Overview

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

3.2. 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

3.3. 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 ProcureNow website for a particular project in order to receive notification of all addenda as well as additional relevant information.

3.4. 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:

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

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

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

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

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

6. 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.

7. 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.

8. 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.

3.5. 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 #:2021.004B

Washington County Purchasing Division ATTN: Purchasing Manager

155 North First Avenue, Suite 270 MS 28

Hillsboro, Oregon 97124-3072

1. 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.

2. 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.

3. 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.

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

3.6. Licenses/Permits

1. ORS 701.026 and ORS 671.530 require that bidders be licensed with the Oregon Construction

Contractors Board or licensed by the State Landscape Contractors Board prior to the submission of a bid.

1. A contractor licensed under ORS Chapter 701 may bid on a landscaping job or perform a construction project that includes landscape contracting as a portion of the project if the landscape contracting portion is subcontracted to a licensed landscaping business as defined in ORS 671.520.

2. A landscaping business may bid on a job or perform a contract that includes the phase of landscape contracting for which it is not licensed if it employs a licensed landscape contractor, or subcontracts with another landscaping business, licensed for that phase.

3. Failure to be licensed will be sufficient cause to reject bids as “non-responsive.”

2. The contractor shall maintain in effect all licenses, permits and certifications required for the performance of the work. The contractor shall notify the County immediately if any license, permit or certification required for the performance of this contract ceases to be effective for any reason.

3.7. Bid Submission

1. All bids must be submitted through our electronic bidding system ProcureNow.

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

3. It is the responsibility of the bidder to submit electronic bids before the deadline date and time approaches as posted on ProcureNow.

4. It is the sole responsibility of the bidder to ensure receipt of bids or bid modifications by the

County by the specified time.

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

3.8. Bid Opening

1. All bids received will be publicly opened immediately after the bid closing date and time. All bidders and other persons who may be interested in this matter are invited to attend online through Microsoft Teams.

2. 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.

3. Microsoft Teams Bid Opening Link

Join Microsoft Teams Meeting 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

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

Conference ID: 552 076 723#

3.9. 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.

1. Interpretations or clarifications considered necessary in response to such questions will be posted as addenda or in Questions and Answers in ProcureNow . Bidders will be solely responsible to check for all addenda or questions and answers, if any, from the ProcureNow web site prior to submitting their bid.

2. Questions received after Jan 15, 2021 will not be answered unless the County determines, in its sole discretion, it is in the public’s best interest to do so.

3. 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.

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

County.

5. Receipt of addenda must be acknowledged on Procure Now.

6. All questions pertaining to this bid shall be addressed only through ProcureNow. 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.

3.10. Bid Submission Requirements

A. To be considered for award, each submittal shall contain the following:

1. Completed Vendor Questionnaire

2. Completed Bid Table

3.11. Contract Award

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

Lowest Responsible Bidder

3.12. 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.

3.13. Contract Administrator

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

3.14. Substantial Completion

Work to be performed under this contract will have a substanitial completion date for each individual project and, is 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.

3.15. Pre-Construction Meeting

Before the contractor begins work, a pre-construction meeting will be held to establish a working understanding among the parties to the Project. Procedures will be established for operations coordination and administrative communications for matters such as submittals, clarifications and interpretations, and change orders, and for processing applications for payment. At this meeting, the contractor shall submit to the County a preliminary work progress schedule, a preliminary submittal schedule and the Contractor Safety Information Form (See Attachment H) for review by the County.

The contractor shall submit the Contractor Safety Information Form for safety planning purposes. The

County expects that the contractor will abide by all Oregon OSHA requirements and the Contract

Documents to provide for the safety of its employees, agents, County employees and the general public.

Work performed by subcontractors must be included on the submitted Contractor Safety Information

Form. The contractor shall also include applicable company policies, procedures, or plans. Material safety data sheets (MSDS) for chemical products introduced to Washington County shall not be submitted with this information, butinformation but shall accompany the contractor on site and be available to the County upon request.

The following information must be submitted at the Pre-Construction Meeting:

A. Detailed schedule, and

B. Contractor Safety Information Form.

4. SCOPE OF WORK

4.1. Specifications

Washington County is seeking the services of a qualified vendor based on the requirements in this solicitation and in accordance with the following:

Attachment A - H Project Photos

4.2. Design, installation, repair and maintenance of County building awnings

Services contract set for $100k for 1 year with option to extend up to the 5 years based upon project demands.

**Washington County understands the Contractor pricing could vary due to different materials being requested for projects and pricing would be negotiated and agreed upon before Contractor purchases material for project.

Washington County will be using the results of this quote for the Service Center East Project and for future projects (design, installation, repair and maintenance), so Washington County Facilities is requesting a pricing structure for time and materials based upon the following:

• Prep and design work of awnings hourly rate $_____________

• Demo work (if applicable). Consider in your pricing the removal from County building structure to include repairing of surface and disposal cost. Hourly rate $______

• Material cost and mark-up not to exceed 15% metal awning frame material and 1”x1” square tubing, and hourly rate $________________ for all metal fabrication in association with the frame construction and hourly rate $_____________ for awning material installation

• Painting frame if requested. Hourly rate $__________________

• Price per square foot for awning material (mark-up not to exceed 15%) that is best designed for

Oregon weather conditions. Please provide this detail(s) within your submittal documents.

• Metal awning installation labor cost, including all fasteners, load transfer hardware, and connectors for the installation in concrete, siding, and wood. This cost will also include travel time. County doesn't pay travel time or mileage so please make sure those are built into your pricing structure.

4.3. General Requirements:

1.01 Washington County is requesting a site visit to field verify all Square footage and any other conditions of the project(s).

1.02 This is a general guideline scope, so not all awning conditions are noted in specific detail.

1.03 Most facilities will be open during installation, we’re requesting contractor to provide safety measures for the public.

1.04 Contractor will notify contract administrator of any unexpected changes in project, and then will submit a change order for time and material, material mark-up not to exceed 15%.

1.05 Contractor will provide clean up after each project and will dispose of material properly.

1.06 Standard working hours are from 7am to 5pm, Monday through Friday. Alternate hours of construction may be negotiated and approved by Washington County and must be in accordance with the city and county ordinances.

1.07 The work shall be completed in a high quality, workmanlike manner, following all OSHA guidelines, manufacturer recommendations and jurisdictional requirements.

4.4. Demolition and preparation:

1.01 The Contractor shall supply all labor, materials, supervision and equipment for the removal of the old awnings.

1.02 The Contractor shall supply all labor, materials, supervision and equipment for the installation of the new awnings.

1.03 Contractor will do a final project walk with Contractor administrator after awning is installed.

5. PRICING PROPOSAL

AWNING PRICING

Metal awning installation labor cost, including all fasteners, load transfer hardware, and connectors for the installation in concrete, siding, and wood. This cost will also include travel time. County doesn't pay travel time or mileage so please make sure those are built into your pricing structure.

Description Unit of Measure Unit Cost

Prep and Design work of awning Per Hour

Demo work (if applicable). Consider in your pricing the removal from County building structure to include repairing of surface and disposal cost.

Per Hour

Metal Fabrication in association with the frame construction Per Hour

Awning Material Installation Per Hour

Painting frame if requested Per Hour

6. SPECIAL INSTRUCTIONS

6.1. 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.

6.2. 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.

6.3. State Provisions for Prevailing Wages (this applies to all public works over $50,000)

1. In compliance with ORS 279C.800 through 279C.870 or the Davis-Bacon Act (40U.S.C. 3141 et seq.) and as part of this bid, the bidder herein agrees and it shall be a condition of their bond that in performing this contract they shall pay and cause to be paid not less than the prevailing rate of wages as of the date of their bid for and to each and every worker who may be employed in and about the performance of this contract. If the public officers who make the contract determine at any time that the prevailing rate of wages has not been or is not being paid as required by the contract, they may retain from the monies due to the contractor an amount sufficient to make up the difference between the wages actually paid and prevailing rate of wages, and they may also cancel the contract.

2. The Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to employees of each contractor, of all sums which the contractor agrees to pay for such services and all moneys and sums which the contractor collected or deducted from the wages of the contractor's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services. (Reference: ORS

279C.530)

3. When a public works project is subject to ORS 279C.800 to279C.870 and the Davis-Bacon Act (40

U.S.C. 3141 et seq.):

1. Every contractor or subcontractor employing workers on a public works project must pay to such workers no less than the applicable prevailing rate of wage for each trade or occupation, as determined by the Commissioner.

2. If the state prevailing rate of wage is higher than the federal rate of wage, the contractor and every subcontractor shall pay no less than the state prevailing wage rate; and

3. If the federal prevailing rate of wage is higher than the state prevailing rate of wage, the contractor and every subcontractor on the project shall pay no less than the federal prevailing rate of wage as required by the Davis-Bacon Act.

4. If the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person, or the assignee of the person, in connection with the public works contract as such claim becomes due, the proper officer or officers of the public contracting agency may pay such claim and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract

(Reference: ORS 279C.570).

5. A person may not be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay:

1. For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

2. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and time worked on Saturday and on any legal holiday specified in ORS 279C.540.

6. As per rule OAR 839-025-0020 (4) the County incorporates the most current prevailing wage rate publication entitled: Prevailing Wage Rates for Public Works Contracts in Oregon and include any amendments.

These rates can be viewed at the following web site:

https://www.oregon.gov/boli/employers/pages/prevailing- wage.aspx

6.4. Discrimination in Subcontracting

1. 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.

2. 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.

3. If the person wishes to appeal the disqualification, the appeal procedure shall be pursuant to

ORS 279C.450.

6.5. The Rights of the County

The County expressly reserves the following rights:

1. To waive any irregularities in the bids submitted.

2. 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.

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

4. To cancel the procurement or reject any or all bids, or selected portions thereof, in accordance with ORS 279B.100.

5. 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.

6.6. 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.

6.7. Low Tie Bids

1. 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.”

2. 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.

6.8. 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.

6.9. Bid Files

A completed bid file for each project will be available, by appointment only, for public inspection at the

Washington County Purchasing Division Office.

6.10. Protest and Judicial Review of Award

1. 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.

2. Delivery. A bidder must deliver a written protest to the Washington County Purchasing 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.

3. 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.

4. 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.

5. 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.

6.11. 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.

6.12. 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.

6.13. 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.

6.14. Drug and Alcohol Testing for Public Works Contracts

Contractor shall demonstrate that an employee drug and alcohol testing program is in place and that the employees who are engaged in the construction, reconstruction or maintenance of a project (all public works projects) that have tested negative for drugs and alcohol or have entered a rehabilitation program. By signing the certification and contract offer the contractor is certifying that they have a program in place. ORS 279C.505(2)

6.15. Guarantee

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

6.16. Damage Clause

1. 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.

2. 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.

6.17. Product Safety

1. 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.

2. 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.

6.18. 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.

6.19. Hazardous Materials

1. 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.”

2. 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.

6.20. 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.

6.21. Assignment to the County

1. 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.

2. 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.

3. 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.

6.22. 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.

6.23. 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.

6.24. Payment

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

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

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

6.25. 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.

6.26. Bidder Responsibility Form

1. Bidder will complete and submit the Bidder Responsibility Form, signed by the Bidder, that states the qualifications of the firm for accomplishing the specified work with their bid.

2. 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.

6.27. Permits and Fees

1. 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.

2. 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.

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

7. VENDOR QUESTIONNAIRE

7.1. 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

7.2. Solicitation Requirements*

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

☐ Yes

☐ No

*Response required

7.3. 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

7.4. 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

7.5. 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

7.6. 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

7.7. CCB#*

Please enter your CCB #

7.8. Business Hours*

Please enter your regular business hours

*Response required

7.9. 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

7.10. 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

7.11. 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

7.12. Solicitation Awareness*

How did you find this solicitation?

Select all that apply

☐ Washington County Website

☐ ORPIN

☐ Plan Room, Project Center, Etc

☐ Daily Journal of Commerce, Tribune or other printed media

☐ Twitter, Facebook or other social media

☐ Link emailed directly to you