ITB - Chip Spreader_addendum 1.pdf

ITB S-C25102-00000895 – Four-Wheel Hydrostatic Drive Chip Spreader Page 1 of 18

MARION COUNTY

INVITATION TO BID

FOUR-WHEEL HYDROSTATIC

DRIVE CHIP SPREADER

OregonBuys Bid Solicitation No.: S-C25102-00000895

Marion County Solicitation No.: PW1004-21

Release Date: October 4, 2021

Bid Due Date: 2:00 p.m., PST, on October 19, 2021

Refer Questions to:

Tim Beaver, Contracts Specialist Phone number: (503) 365-3100 tbeaver@co.marion.or.us

Submit Bids to:

PO_Contracts@co.marion.or.us

Electronic copies of this ITB and attachments, if any, can be obtained from the OregonBuys website at https://oregonbuys.gov/bso/ and view Marion County bid number S-C25102-00000895.

mailto:tbeaver@co.marion.or.us mailto:PO_Contracts@co.marion.or.us https://oregonbuys.gov/bso/

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TABLE OF CONTENTS

Page

1. INTRODUCTION

2. BACKGROUND

3. CONTRACT TERM

4. SCHEDULE OF EVENTS

5. PRE-BID CONFERENCE

6. STATEMENT OF WORK/SPECIFICATIONS

7. INSTRUCTIONS TO PROSPECTIVE BIDDERS

8. BID REQUIREMENTS (MINIMUM RESPONSIVENESS)

9. REFERENCES

10. METHOD OF AWARD

11. INTENT TO AWARD

12. CONTRACT EXECUTION

13. PROTEST AND APPEALS

14. TERMS AND CONDITIONS

15. LIST OF ATTACHMENTS

ATTACHMENT 1. OFFEROR REPRESENTATIONS AND CERTIFICATIONS

ATTACHMENT 2: TRADE SECRET FORM

ATTACHMENT 3: REFERENCE FORM

ATTACHMENT 4: COST BID SUBMISSION FORM

EXHIBIT 1: MARION COUNTY TERMS AND CONDITIONS

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1. INTRODUCTION

The Marion County Public Works Department (County) is issuing this Invitation to Bid (ITB) to establish a Purchase Order for the purchase of a new Four-Wheel Hydrostatic Drive Chip Spreader.

County anticipates the award of a single purchase order resulting from this ITB.

2. BACKGROUND

Project Description. The successful bidder will be required to provide the required chip spreader within 18 months of receipt of an order from Marion County. All equipment must be new; unused; current production models and shall be free of defects in materials, both design and manufacture, for the duration of the warranty period.

3. CONTRACT TERM

Pricing and the resulting Purchase Order shall be valid for 24 months from the bid date.

4. SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. County may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT DATE

Questions and Clarifications due to the contact on the cover page of the ITB no later than 5:00 p.m.

October 11, 2021

Answers to questions posted on website October 12, 2021 ITB Protests Period Ends 7 calendar days prior to

ITB Closing Bids are due no later than 2:00 p.m. at the email address listed on the cover page of the ITB. Late submittals will not be accepted.

October 19, 2021

Public Opening of Bids October 19, 2021 @

2:00 P.M. PST

Notice of Intent to Award (approximate) October 22, 2021 Notice of Intent to Award Protest Ends 7 days from Notice of

Intent to Award Purchase Order issuance (approximate) 21 days from Notice of

Intent to Award

5. PRE-BID CONFERENCE

There will be no pre-bid conference for this ITB.

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6. STATEMENT OF WORK/SPECIFICATIONS

The successful bidder shall supply a new, current model, four-wheel hydrostatic-drive chip spreader that meets the following specifications:

Equipment Specifications: Meets Specifications?

1. Scope:

1.1 One New, Current Model, Four-Wheel Hydrostatic Drive Chip

Spreader shall be furnished and delivered to Marion County.

☐Yes ☐No

1.2 All equipment furnished shall be the manufacturer’s latest model, with not less than two years of production and field use. It shall conform to the best practices known to the trade in strength, quality of material and workmanship, and shall be subject to these specifications in full.

☐Yes ☐No

1.3 All ratings shall be certified by the manufacturer to be as stated according to test procedures designated by the S.A.E. or the appropriate agencies and shall at minimum be equal to the requirements and conditions specified herein. Evidence of compliance with the requirements of these specifications shall be based on manufacturer’s data sheets and data sheets of the component parts manufacturer published prior to the issuance of these specifications. In case of conflict between the latter, data sheets of the component parts manufacturer shall take precedence.

☐Yes ☐No

1.4 The unit furnished shall meet these specifications, including all equipment and accessories, shall comply with the requirements of Oregon Vehicle Code, current Federal motor vehicle safety standards, current Oregon State Division of Industrial Safety Orders and O.S.H.A.

☐Yes ☐No

1.5 Unit shall be completely prepared for operation and be operational at time of delivery.

☒Yes ☐No

2. General Requirements:

2.1 The self-propelled four-wheel drive chip spreader shall be designed and constructed to supply a uniformly distributed application of cover and seal-coat aggregates.

☐Yes ☐No

2.2 The chip spreader shall have the capability, while operating, to tow a 56,000 pound GVW loaded dump truck up at least an 18% grade.

☐Yes ☐No

3. Engine:

3.1 The unit shall have a 6 cylinder, turbocharged diesel engine with a minimum rating of 260 horsepower. It shall include electric start, alternator, voltage regulator, and (minimum 1400 cca) 12 volt batteries.

Engine shall have dry type air cleaner, disposable element type oil filter, heavy-duty cooling, and an electric throttle actuator.

Engine shall have high water temperature/low oil pressure warning system and meet all E.P.A. Tier IV requirements.

☐Yes ☐No

3.2 Fuel tank shall have a minimum 82 gallon capacity: ☐Yes ☐No

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Equipment Specifications: Meets Specifications?

3.3 The radiator cooling fan shall include the manufacturer’s option for reversing the air flow.

☐Yes ☐No

4. Four-Wheel Hydrostatic Drive:

4.1 The unit shall have four wheel hydrostatic drive providing infinitely variable forward and reverse speeds from 0 to no less than 19 mph. The front and rear drives shall be driven by (minimum of 160 cc) variable displacement hydraulic motors through a differential and planetary drive wheel ends. The total wheelbase shall be not more than 135 inches.

☐Yes ☐No

4.2 The unit shall have traction control. ☐Yes ☐No

5. Transmission:

5.1 Electronically controlled variable hydrostatic pump (minimum of 125 cc) driven by direct engine bell housing mount, electronically controlled variable hydrostatic motors directly coupled to the front and rear axles.

Infinite working speed range 0 to 19 mph. Engine fan cooled oil cooler with total return flow capacity. Hydraulic reservoir minimum capacity to be 95 gallons.

☐Yes ☐No

6. Tires and Wheels:

6.1 Four each, minimum size 385/65R22.5-L tubeless, radial, wide base tires mounted on heavy-duty steel disc wheels.

☐Yes ☐No

7. Operator’s Station:

7.1 The unit shall have:

• A control console station which can be moved from side to side for total operational control from either side of the chip spreader;

• Joystick control for forward/reverse and rate of speed;

• Instrument panel shall have digital display for application rate, product size, speed, oil pressure, coolant temperature, battery voltage, hydraulic oil temperature, percent of fuel remaining, engine hours, and engine RPM’s;

• Speed adjustments for conveyor and auger functions;

• All engine and hydraulic alarm system with lights and buzzer shall be included;

• A lockable control panel cover vandalism protection;

• One adjustable suspension seat with armrests and mounted umbrella;

• Speed adjustments for conveyor and auger functions.

☐Yes ☐No

7.2 The unit shall include the manufacturer’s option for the power seat pedestal:

Electric over hydraulic powered seat and control panel movement for dual control operation.

☐Yes ☐No

7.3 The operator’s station shall include a manufacturer’s installed power supply “jack” for an operator’s communications radio.

8. Steering:

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8.1 Full hydrostatic power steering from a fixed displacement gear pump, with dedicated flow independent of engine speed. Turning radius shall be a maximum of 17 feet.

☐Yes ☐No

9. Conveyors:

9.1 The unit must have two independently activated conveyers with belts that are a minimum of 24 inches wide. Each belt shall be powered by a load-sensing (minimum 74 cc) variable displacement pressure compensated hydraulic pump and a high torque (minimum 19.0 C.I.R.) hydraulic motor, with direct drive to the head pulley.

☐Yes ☐No

9.2 The unit shall include electric switches for each conveyer control to have easy access mechanical override. Hooded aggregate deflectors to be located at the head of each conveyer. 24-degree troughing idlers are to be of quick removable type, and the tail pulley to be adjustable for insuring proper belt alignment. Each belt to have automatic on/off controls to control aggregate level in the spread hopper. There shall be an override control to enable the operator to manually start and stop the conveyers as needed.

☐Yes ☐No

10. Variable Width and Height Spread Hopper:

10.1 The spread hopper shall be a 10 feet to 20 feet variable width, two section hopper system. Hoppers shall be capable of varying the spreading width on the run. No bolt-on sections accepted.

☐Yes ☐No

10.2 Each hopper shall include hydraulically driven augers and spread rollers.

Spread rollers to be no less than 6 inches in diameter and constructed of heavy wall tubing. Spread rolls shall be hydraulically driven and actuated by power gate opening control.

The hydraulic system shall have all pumps, hoses, valves, cylinders, and controls to operate system. Operating controls shall be capable of being located at both the driver and front co-operator stations. The hoppers shall have expandable metal in the top of each hopper with replacement grates under the conveyor hoods. Also to include, individual electric/air controlled one-foot gates, to allow aggregate spreading in one foot increments across the variable width hopper by individual gate controls which can be opened/closed from the operator’s station.

☐Yes ☐No

10.3 The hydraulic system shall have all pumps, hoses, valves, cylinders, and controls to operate system. Operating controls shall be capable of being located at both the driver and front co-operator stations. The hoppers shall have expandable metal in the top of each hopper with replacement grates under the conveyor hoods. Also to include, individual electric/air controlled one-foot gates, to allow aggregate spreading in one foot increments across the variable width hopper by individual gate controls which can be opened/closed from the operator’s station.

☐Yes ☐No

10.4 The spread hopper shall be equipped with agitators controlled from the operators control station.

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10.5 The spread hopper shall be equipped such that the height of the spread hopper can be adjusted from the operator’s control station.

☐Yes ☐No

11. Brakes:

11.1 The mechanical front axle shall have hydraulic internal drum brakes controlled by foot pedal actuator. The unit shall also include spring-applied, hydraulic release fail-safe parking brake in the drive line, automatically applied if hydraulic or electric power is lost.

☐Yes ☐No

12. Truck Hitch:

12.1 This unit shall be equipped with a positive, self-locking “railroad” type adjustable truck hitch, which can be electrically released from the driver’s and front operator’s position. Hitch height to be electrically controlled from the driver’s position. Adjustment range will be 8 inches to 20 inches in height and 4 inches fore and aft.

☐Yes ☐No

12.2 The unit shall be equipped with the manufacturer’s optional “Traction Boost” system for the truck hitch.

☐Yes ☐No

13. Application Rate Computer:

13.1 The Application Rate Computer shall monitor the actual speed of the chip spreader, and varies gate opening in order to maintain the set application rate in lbs/yd, of the selected aggregate, regardless of the speed of the unit.

The computer shall be able to store five different aggregate/application rate settings in its memory. The application rate should be able to be varied as desired while operating. The operator must be able to vary as desired while operating or to select a different pre-set combination at any time.

☐Yes ☐No

14. Receiving Hopper:

14.1 Hopper shall be a minimum of 132 inches wide with a capacity of approximately 4 cubic yards. Hopper to have hydraulically folding paver-style wings controlled from the operator’s station. It shall include heavy duty hopper skirting and an adjustable flow gate for each conveyor belt.

☐Yes ☐No

10.4 The rear receiving hopper shall be equipped with manufacturer installed, 1” steel cable skirt reinforcements.

☐Yes ☐No

15. Miscellaneous:

15.1 Unit shall have headlights, LED stop and tail lights and turn signals with flasher switch. Unit also to have front fender on each side. An electric horn and electric back-up warning alarm is to be furnished. Must include an engine warning system. The paint is to be standard highway yellow. The unit to have one full length walkway with skid resistant surface adjacent to one side of the conveyor system. A steel lockable toolbox shall be mounted under the main deck.

16. Parts:

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16.1 Bidder shall maintain a representative inventory of replacement parts and service facilities for servicing the equipment within 100 miles of the purchaser’s main equipment yard.

Location of Nearest Servicing Dealer:

17. Manuals:

17.1 Two Parts Manuals, and CD-ROM or flash drive. ☐Yes ☐No

17.2 Two Service Manuals including Lubrication Charts and Schedules, and CD-ROM or flash drive.

☐Yes ☐No

17.3 One General Maintenance, Repair, and Overhaul Manual, and CD-ROM or flash drive.

☐Yes ☐No

17.4 Two (2) Operator’s Manuals and CD-ROM or flash drive. ☐Yes ☐No

17.5 These manuals and CD-ROMs must cover all systems and components. ☐Yes ☐No

18. Warranty:

18.1 12 month, all-inclusive, warranty from the date placed in service. ☐Yes ☐No

19. Delivery Date:

19.1 The undersigned hereby agrees to furnish one new unit at the earliest possible delivery date. The unit will be delivered to the Marion County Public Works Department, 5155 Silverton Road NE, Salem, Oregon, 97305 to the specifications herein stated.

Proposed Delivery date:

☐Yes ☐No

7. INSTRUCTIONS TO PROSPECTIVE BIDDERS

Bids are due at the County no later than the time and date set forth in the Section 4. Schedule of Events. Bids will be considered time-stamped and received by the County when they are received in the email inbox listed on the cover page. To assure that your Bid receives priority treatment, please mark the email subject line as follows:

S-C25102-0000xx Provision of Four-Wheel Hydrostatic Chip Spreader

Bidders must include their name and address and contact information in the body of the email. It is the Bidder’s responsibility to ensure that bids are received prior to the stated submission deadline and email address. The County shall not consider late offers, withdrawals or modifications, except as permitted by Marion County Public Contracting Rules.

The bid must include information responsive to items in Section 8. Bid Requirements (Minimum Responsiveness) set forth below. Bids shall be Microsoft 2003 compatible or searchable Adobe format and shall not be more than 50MB.

8. BID REQUIREMENTS (MINIMUM RESPONSIVENESS)

In order to be responsive, each bid will be reviewed for minimum responsiveness. Failure to meet minimum responsiveness may result in rejection of the bid. Each bid must comply with the Instructions to Prospective Bidders section and include the following to be considered minimally responsive:

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• Attachment 1 – Offerors Representations and Certifications

• Attachment 2 – Trade Secret Form (optional)

• Attachment 3 – Reference Form

• Attachment 4 – Bid Submittal Form

9. REFERENCES

Provide at least three (3) references (names, email addresses and current phone numbers) from recent projects similar in scope and size. Include a brief description of each project associated with the reference, and the role of the respective team member(s) who would be assigned to the project. Bidder must submit references using Attachment 3: Reference Form.

10. METHOD OF AWARD

County shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements of this ITB. If awarded, County must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. County may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

11. INTENT TO AWARD

After a final selection is made, County will issue a notice of Intent to Award on ORPIN. Bid files are public records and available for review at County by appointment.

12. CONTRACT EXECUTION

By submitting a Bid, bidder agrees to comply with the requirements of the ITB, including the terms and conditions of the Sample Contract for Services (Exhibit 1). Bidder shall review the attached Contract for Services and note exceptions. Unless bidder notes exceptions in its bid, the County intends to enter into a Contract for Services with the successful bidder substantially in the form set forth in Contract for Services (Exhibit 1). It may be possible to negotiate some provisions of the final Contract for Services; however, many provisions cannot be changed. Bidder is cautioned that the County believes modifications to the standard provisions constitute increased risk and increased cost to the County. Therefore, the County will consider the Scope of requested exceptions in the evaluation of bids.

Any bid that is conditioned upon the County’s acceptance of any other terms and conditions may be rejected.

Any subsequent negotiated changes are subject to prior approval of the County’s Legal Counsel.

In the event that the parties do not reach mutually agreeable terms, the County may terminate negotiations and commence negotiations with the next highest ranking bidder.

Contractor shall not commence work under the Contract until the Contract has been executed and the County has provided the Contractor with the Notice to Proceed.

13. PROTEST AND APPEALS

A bidder may protest the award of a contract or the intent to award a contract, whichever comes first, if the conditions set forth in ORS 279B.410(1) are satisfied. The protest must be submitted via email to the Contracts and Procurement Manager at cschlag@co.marion.or.us within seven (7) days after issuance of the notice of intent to award the contract. Please mark the email subject line “Protest for S-C25102-0000xx Provision of Mid-Sized Sedans”.

All letters of protest shall clearly identity the reasons and basis for the protest. The Contracts and Procurement Manager will issue a written disposition in a timely manner as set forth in ORS 279B.405(5) and 279B.410(4), which shall include the reason for the action taken and the process for appealing the decision. A bidder must file mailto:cschlag@co.marion.or.us

ITB S-C25102-00000895 – Four-Wheel Hydrostatic Drive Chip Spreader Page 10 of 18 a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County’s contract award decision.

14. TERMS AND CONDITIONS

a. The Marion County Public Contracting Rules, found at http://www.co.marion.or.us/FIN/Pages/contracts.aspx, govern this ITB.

b. ITB Amendment, Cancellation and Right of Rejection.

i. The County reserves the unilateral right to amend this ITB in writing at any time by posting the addendum on the ORPIN website. The County may extend the deadline for submission of bids by written addendum. Bidders are responsible to view the website periodically for any addendum to the ITB. Bidders shall respond to the final written ITB, its exhibits and attachments, and all addenda. The County also reserves the right, in its sole discretion, to reject any and all bids or to cancel or reissue the

ITB.

ii. The County reserves the right, in its sole discretion, to waive minor informalities in bids provided such action is in the best interest of the County. Where the County waives minor informalities in bids, such waiver does not modify the ITB requirements or excuse the applicant from full compliance with the ITB. Notwithstanding any minor variance, the County may hold any bid to strict compliance with the

ITB.

c. Confidentiality. The County will retain a master copy of each bid to this ITB, which becomes public record after the notice of intent to award unless the bid or specific parts of the bid can be shown to be exempt by law under ORS Chapter 192. If a bidder believes that any portion of its bid contains any information that is a trade secret under ORS 192.345 (2) or otherwise is exempt from disclosure under the Oregon Public Records Law, that bidder shall complete and submit the Attachment 2: Trade Secret Form and a fully redacted version of its bid.

Bidder is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law and identifying the bid as confidential, in whole or in part, as exempt from disclosure is not acceptable.

County advises each bidder to consult with its own legal counsel regarding disclosure issues. If bidder fails to identify the portions of the bid that bidder claims are exempt from disclosure, bidder has waived any future claim of non-disclosure of that information.

d. Bidder Responsible for Incurred Costs. The County shall not be liable for any expenses incurred by bidder in both preparing and submitting its bid or contract negotiation process, if any.

e. Cooperative Purchasing. Pursuant to ORS 279A.205 thru 279A.215, other public agencies within the State of Oregon may use the purchase agreement resulting from this ITB unless the Bidder expressly notes in their bid that the prices quoted are available to the County only. The condition of such use by other agencies is that any such agency must make and pursue contact, purchase order, delivery arrangements, and all contractual remedies directly with the successful bidder; the County accepts no responsibility for performance by either the successful bidder or such other agency using this agreement. With such condition, the County consents to such use by any other public agency within the State of Oregon.

15. LIST OF ATTACHMENTS

• Attachment 1 – Offerors Representations and Certifications

• Attachment 2 – Trade Secret Form (optional)

• Attachment 3 – Reference Form

• Attachment 4 – Bid Submittal Form

• Exhibit 1 – Contract for Services http://www.co.marion.or.us/FIN/Pages/contracts.aspx

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Attachment 1. Offeror Representations and Certifications

OFFEROR NAME:

ADDRESS:

PHONE NUMBER: FAX NUMBER: WEB SITE: _________________________

TAXPAYER ID NUMBER: DATE/STATE OF INCORPORATION:

BUSINESS DESIGNATION: Corporation Sole Proprietor Partnership S Corporation Non-Profit Government Other

CERTIFICATION/LICENSE NUMBER:

The undersigned further acknowledges, attests and certifies individually and on behalf of the Bidder that:

1. That this bid is, in all respects, fair and without fraud; that it is made without collusion with any official of the county; and that the bid is made without any collusion with any person making another bid on this Contract.

2. Information and prices included in this bid shall remain valid for ninety (90) days after the bid due date or until a Contract is approved, whichever comes first.

3. The Bidder acknowledges receipt of all Addenda issued under the ITB.

4. The Bidder certifies that it does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, handicap, financial ability, age or other non-job-related factors as per ORS 659 and USC 42 2000e.

5. The Bidder, acting through its authorized representative, has read and understands all ITB instructions, specifications, and terms and conditions contained within the ITB and all Addenda, if any;

6. The Bidder agrees to and shall comply with, all requirements, specifications and terms and conditions contained within the ITB, including all Addenda, if any;

7. The bid submitted is in response to the specific language contained in the ITB, and Bidder has made no assumptions based upon either (a) verbal or written statements not contained in the ITB, or (b) any previously-issued ITB, if any.

8. The Bidder agrees that if awarded the Contract, Bidder shall be authorized to do business in the State of Oregon at the time of the award;

9. The signatory of this Offeror Representations and Certification Form is a duly authorized representative of the Bidder, has been authorized by Bidder to make all representations, attestations, and certifications contained in this bid document and all Addenda, if any, issued, and to execute this bid document on behalf of Bidder.

10. By signature below, the undersigned Authorized Representative hereby certifies on behalf of Bidder that all contents of this Offeror Representations and Certification Form and the submitted bid are truthful, complete and accurate. Failure to provide information required by the ITB may ultimately result in rejection of the bid.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY

MATTERS - The Offeror certifies to the best of its knowledge and belief that neither it nor any of its principals:

1. Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from submitting bids or bids by any federal, state or local entity, department or agency;

2. Have within a five-year period preceding the date of this certification been convicted of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)

ITB S-C25102-00000895 – Four-Wheel Hydrostatic Drive Chip Spreader Page 12 of 18 contract, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are presently indicted for or otherwise criminally charged with commission of any of the offenses enumerated in item number 2 of this certification;

4. Have, within a five-year period preceding the date of this certification had a judgment entered against contractor or its principals arising out of the performance of a public or private contract;

5. Have pending in any state or federal court any litigation in which there is a claim against contractor or any of its principals arising out of the performance of a public or private contract; and

6. Have within a five-year period preceding the date of this certification had one or more public contracts (federal, state, or local) terminated for any reason related to contract performance.

Where Offeror is unable to certify to any of the statements in this certification, Offeror shall attach an explanation to their offer. The inability to certify to all of the statements may not necessarily preclude Offeror from award of a contract under this procurement.

IF THE BID IS MADE BY A JOINT VENTURE, IT SHALL BE EXECUTED BY EACH PARTICIPANT OF

THE JOINT VENTURE.

THIS OFFER SHALL BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER; ANY

ALTERATIONS OR ERASURES TO THE OFFER SHALL BE INITIALED IN INK BY THE UNDERSIGNED

AUTHORIZED REPRESENTATIVE.

SIGNATURE OF BIDDER'S DULY AUTHORIZED REPRESENTATIVE FOR ALL SECTIONS:

Authorized Signature:

Print Name:

Title:

Contact Person (Type or Print):

Telephone Number: ( )

Email Address:

The Offeror will notify the County representative on the cover page of this ITB within 30 days of any change in the information provided on this form.

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Attachment 2: Trade Secret Form

1. I am an authorized representative of the Bidder, I have knowledge of the Invitation to Bid referenced herein, and I have full authority from the Bidder to submit this Trade Secret Form and accept the responsibilities stated herein.

2. I am aware that the Bidder has submitted a Bid, dated on or about August 9, 2021 (the “Bid”), to Marion County in response to Invitation to Bid S-C25102-0000xx, for Provision of a Four-Wheel Hydrostatic Drive Chip Spreader and I am familiar with the contents of the ITB and Bid.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.431, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Bid is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Bid. The Bidder believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Bidder’s organization and that is used in a business the Bidder conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Bidder that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Authorized Representative Signature Date

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Bidder identifies the following information as exempt from public disclosure:

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Attachment 3: Reference Form Bidder must provide references that can be contacted regarding the quality of workmanship and service provided to current and past customers.

Project Reference #1

Name of Project: _______________________________________________________________

Project Location: _______________________________________________________________

Project Date: __________________________________________________________________

Firm Name for Contact Person #1: _________________________________________________

Name of Contact Person #1: ______________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Email Address for Contact Person #1: ______________________________________________

Project Reference #2

Name of Project: _______________________________________________________________

Project Location: _______________________________________________________________

Project Date: __________________________________________________________________

Firm Name for Contact Person #1: _________________________________________________

Name of Contact Person #1: ______________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Email Address for Contact Person #1: ______________________________________________

Project Reference #3

Name of Project: _______________________________________________________________

Project Location: _______________________________________________________________

Project Date: __________________________________________________________________

Firm Name for Contact Person #1: _________________________________________________

Name of Contact Person #1: ______________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Email Address for Contact Person #1: ______________________________________________

The references will be used to confirm the selection rather than as an evaluation criterion. However, if several bidders are close in the final evaluation, references may be used to select the best evaluated bidder.

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Attachment 4: Cost Bid Submission Form

Item No. Description Quantity Price (Each)

1 Four-wheel Hydrostatic Drive Chip Spreader 1 $

2 Delivery 1 $ Bid Total $

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Exhibit 1: Marion County Terms and Conditions

1. INSPECTIONS: County may inspect and test the Goods and related Services (collectively, Goods). County may reject non-conforming Goods and require Contractor to correct them without charge or deliver them at a reduced price, as negotiated. If Contractor does not cure any defects within a reasonable time, County may reject the Goods and cancel the PO in whole or in part. This paragraph does not affect or limit County's rights, including its rights under the Uniform Commercial Code, ORS chapter 72 (UCC).

2. DELIVERY: Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges. Contractor is responsible and liable for loss or damage until final inspection and acceptance of the Goods. Contractor remains liable for latent defects, fraud, and warranties.

3. PAYMENT: County shall pay Contractor within 30 days from (i) the date the Goods are delivered and accepted or (ii) the date the invoice is received, whichever is later

4. COUNTY PAYMENT OF CONTRACTOR CLAIMS: If Contractor does not pay promptly any claim that is due for Goods or Services furnished to the Contractor by any subcontractor in connection with this PO, the County may pay such claim and charge that payment against any payment due to the Contractor under this PO. The County's payment of a claim does not relieve the Contractor or its surety, if any, from their obligations for any unpaid claims.

5. WARRANTIES: Contractor agrees to perform its services with that highest standard of care, skill and diligence normally provided by a professional individual in the performance of similar services. Contractor represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with specifications and be free from defects in labor, material and manufacture. All UCC implied and expressed warranties are incorporated in this PO. Contractor shall transfer all warranties to the County.

6. TERMINATION OF PO: The PO 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. The County may terminate all or part of this PO for the following reasons: (1) If the consultant fails to provide services, or fails to meet the performance standards as specified in this PO (or subsequent modifications of this PO), within the time specified herein or any extension thereof. Termination under this provision may be immediate; (2) If the consultant fails to start services on the date specified by Marion County in this PO or subsequent modifications to this contract.

Termination under this provision may be immediate. (3) Failure of the consultant or Marion County to comply with the provisions of this PO and all applicable federal, state, and local laws and rules may be cause for termination of this contract. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. If this PO is terminated by either party, for reasons other than breach of contract, the County agrees to pay to the consultant all costs and expenses associated with services satisfactorily provided to the effective date of termination.

7. INDEMNIFICATION. The Contractor shall save harmless, indemnify, and defend the 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 PO to the extent same are caused by the negligence or misconduct of Contractor or its employees or agents.

8. GOVERNING LAW, VENUE: This PO shall be governed by the laws of the State of Oregon. Any action commenced in connection with this PO shall be in the Circuit Court of Marion County. All rights and remedies of the 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 the County according to law.

9. FORCE MAJEURE: Neither party is responsible for delay or default caused by an event beyond its reasonable control. County may terminate this PO without liability to Contractor upon written notice after determining the delay or default reasonably prevents performance of this PO.

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10. SUBCONTRACTING/NONASSIGNMENT. No portion of the PO may be contracted or assigned to any other individual, firm or entity without the express and prior approval of the County.

11. MAINTENANCE, RETENTION, AND CONFIDENTIALITY OF RECORD. The Contractor agrees to establish and maintain records and statistics as follows: Financial records, which indicate the number of hours of service provided under this contract and other appropriate records pertinent to this contract shall be retained for a minimum of three (3) years after the end of the contract period. If there are unresolved audit questions at the end of the three-year period, the records must be maintained until the questions are resolved.

To the extent applicable, client records shall be kept confidential in accordance with ORS 179.505, OAR 309- 11-020, 45 CFR 205.50 and 42 CFR Part 2.

12. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with all applicable Federal, State and local laws, rules and regulations. All provisions of ORS 279B (Public Contracts and Purchasing) are incorporated herein to the extent applicable to POs.

13. WORKERS' COMPENSATION: Contractor shall comply with ORS

656.017 and provide the required workers' compensation coverage, unless exempt under ORS 656.126(2).

Contractor shall ensure that its Subcontractors, if any, comply with these requirements.

14. SAFETY AND HEALTH REQUIREMENTS: Contractor represents and warrants that the Goods comply with all federal and Oregon safety and health requirements.

15. MATERIAL SAFETY DATA SHEET: Contractor shall provide County with a Material Safety Data Sheet for any Goods which may release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use (OAR 437- 002-0360 and 29 CFR 1910.1020). Contractor shall label, tag or mark such Goods.

16. AMENDMENTS: All amendments to this PO must be in writing, signed by County.

17. SEVERABILITY: If a court of competent jurisdiction declares any provision of this PO to be invalid, the other provisions and the rights and obligations of the parties remain in effect.

18. WAIVER: Failure of either party to enforce any provision of this PO is not a waiver or relinquishment of that party's rights to such performance in the future or to enforce any other provisions.

19. TAX CERTIFICATION: Contractor hereby certifies under penalty of perjury: (a) the number shown on this form is the correct Federal Employer Identification Number; (b) it is not subject to backup withholding because (i) it is exempt from backup withholding, (ii) it has not been notified by the IRS that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that it is no longer subject to backup withholding; and (c) it is not in violation of any Oregon tax laws.