PW-1265-22- Sno-Cat.docx

MARION COUNTY

INVITATION TO BID PW1265-22

OREGON BUYS #: S-C25102-00005468

for Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Release Date: Wednesday, 18 January 2023 08:15 AM

Bid Due Date: Thursday, 16 February 2023 02:00 PM

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 2 Refer Questions to:

Jeniffer Scales Phone number: 5035885594 jscales@co.marion.or.us Submit Bids to:

PO_Contracts@co.marion.or.us CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 17 Electronic copies of this ITB and attachments, if any, can be obtained from the Oregon Buys website https://oregonbuys.gov and search either of the numbers listed above within Bid Solicitations.

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 17 Table of Contents

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 3

INTRODUCTION

Marion County Public Works Department (County) is issuing this Invitation to Bid (ITB) to establish a contract for goods and services. for a Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent and training opportunities for staff for the operation and maintenance of the vehicle.

County intends to engage a Vendor to provide a Sno-Cat Snow Transportation Vehicle – Or Vehicle Specification Equivalent and training opportunity for staff for the operation and maintenance of the vehicle.

County anticipates the award of one Contract resulting from this ITB.

BACKGROUND

The County must maintain public safety radio towers, which are in rugged and hard mountainous ranges covered in snow six months out of the year. There is a public safety need for crews to get to the radio towers if there is maintenance that needs to be done. The County needs to be able to get to these areas with ease through purchase of a Sno-Cat Snow Transportation Vehicle – Or Vehicle Specification Equivalent.

CONTRACT TERM

The initial term is anticipated to be delivery of vehicle within 12 months of executing contract. Training opportunity for staff to be completed by March 1st, 2024.

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 Standard Time (PST).

Questions and Clarifications due to the contact on the cover page of the ITB no later than Wednesday, 08 February 2023 12:00 PM (PST)

Bids are due no later than Thursday, 16th February 2023 2:00 PM (PST) at the email address listed on the cover page of the ITB. Late submittals will not be accepted.

STATEMENT OF WORK/SPECIFICATIONS

It is the intent of this specification to describe a new, self-propelled over-the-snow vehicle of the latest design and construction. The County must maintain public safety radio towers, which are in rugged and hard mountainous ranges covered in snow six months out of the year. Such travel, either cross country or on improved right-of-way shall involve surmounting barriers such as, rocks, logs, steep terrain, and slopes not always surmountable by conventional geared tracks and minimal snow conditions. The vehicle suspension and track design shall be such as to minimize terrain shock to driver and passenger. The overall width over tracks must not exceed 94", blade not to exceed 102", for ease of highway trailering on narrow mountain roads. Vehicle must be a proven design of current model year. A minimum of 10 units of the model bid must have been produced during the last twelve months, to ensure parts availability.

A. ENGINE:

The engine shall be liquid cooled, industrial rated diesel with four cycle operation, 4.5QSB Cummins or equal, minimum of 130 horsepower, with minimum 459-foot pounds of torque, turbocharged, and charge air cooled. Engine must also be Tier 4F certified.

· Number of cylinders - 4 in line, turbo charged, and charge air cooled.

· Horsepower output – 130 (minimum)

· Torque - 459-foot pounds (minimum) at 1,500 R.P.M.

· Fuel - diesel (ULSD)

· Fuel water separator

· Fuel consumption 2 gallons/hour (average)

· Fuel tank capacity - 30 gallons (minimum)

· Must have muff ling system for maximum noise reduction.

· Engine must have complete engine covering for all parts and accessories.

· Full pressure engine lubrication system with full flow oil filter shall be furnished.

· Starting and electrical system must be a 12-volt system, dual 800 C.C.A. capacity batteries minimum. 24-volt electrical system will not be considered.

· A 12-volt alternator 160-amp minimum capacity to furnish current for all electrical accessories shall be furnished.

· The cooling system shall be designed to maintain an operating temperature within the engine manufacturer 's recommended operating range. Coolant system shall be a cross flow type radiator. The engine shall be protected from freezing with permanent type anti-freeze with a protection value to -50 degrees F. Engine to have coolant recovery system.

· Coolant block heater (120-volt A.C.) installed on engine.

· Cold weather grid heater starting system.

· Vehicle must have key type ignition switch with starter.

B. POWER TRANSMISSION SYSTEM:

Electronically controlled automatic transmission, heavy-duty four speed design and provide four forward speeds, plus over-drive and one reverse. Hydrostatic transmissions will not be considered.

· Gear reduction transfer case shall be such that the vehicle top speed shall be 17 M.P.H. at maximum continuous R.P.M.

· Final drive shall be two heavy duty full floating automotive type differentials to transmit power to coated aluminum drive sprockets. Differentials shall be a Spicer 60 with a 4.88:1 ratio or equivalent. Differential shall also be equipped with differential lockers.

C. INSTRUMENTATION: (Minimum requirements)

· Tachometer

· Speedometer/Odometer/Hour meter

· Water temperature

· Oil pressure

· Voltage meter

· Hour meter

D. BODY:

· Cab: Shall be equipped with an integral roll over protection structure. The cab shall be a minimum of a 4-passenger. Two front bucket type seats with a bench seat in the rear. The vehicle shall be equipped with all weather, fully enclosed insulated cab, minimum 62 inches in width. The cab shall be furnished with two access or entry doors on each side in the front of the cab and two entry doors (one each side) for rear seat entry. The body shall be capable of fully protecting the occupants from exposure to extreme weather conditions, to maintain a minimum of 60-degree F. when heater is on.

· A heater/defroster unit with multi speed fan shall be provided. The heater shall be installed with adequate capacity to assure cab heating and windshield defrosting. Adjustable outlets shall be fitted to insure proper heat distribution on the windshield.

· A dome light shall be installed in the cab.

· Doors: All doors shall be capable of being locked with a key from the outside of the vehicle. All locks shall be keyed alike. The doors shall be hinged at the rear edge and equipped with a safety stop with spring or strap to avoid damage to door hinge if door is opened during severe wind or blizzard conditions. Opening door during operation shall not stop vehicle.

· Windshield: Shall be laminated safety glass with medium tint and is to be equipped with two speed, intermediate and intermittent heavy-duty electric windshield wipers. The blades and external arms shall be fitted to clear minimum of 60% of the windshield area and shall have heavy duty blades.

· Side sliding windows: At least one window on each side shall be designed to slide front & rear for ventilation and safety.

· Seats: All seats shall be upholstered with cloth weatherproof material; front seats shall be of bucket design. Each passenger will be provided a seat belt (4 seat belts total.)

· Driver/Personnel Cab: Shall be one compartment for driver and all passengers. Shall not be a C.O.E. (cab over engine) and shall not have a tilt cab to access the engine compartment. The engine compartment shall be located outside of the personnel cab, to eliminate engine and other mechanical noise, engine, or transmission heat and to reduce the possibility of hazardous fumes, from exhaust or fuels. Cab must be an all-steel frame with metal skin. Cabs made with fiberglass will not be considered.

· Finishing: All surfaces customarily powder coated. Cab shall be seam sealed to resistant from road debris when transporting vehicle. Cab frame and under carriage shall be coated with manufacturer 's standard color.

E. ELECTRICAL:

· Vehicle shall be equipped with circuit breakers/fuses for overload protection of electrical circuits, and a 12-volt system.

· Lighting - Four forward facing roof mounted LED driving lamps (two flood & extended range) and two roof mounted LED driving lamps facing the rear.

· Brake and taillights.

· Spotlight roof mounted with wireless remote control.

· Instrument and interior cab lights.

· Roof mounted rotating beacon.

· 12-volt power port.

· Rear view mirrors - two heavy duty electrically heated exterior mirrors.

· Transmission pan heater - 115 volts.

· Back up alarm.

· Dual electric horns.

F. CHASSIS AND FRAME:

Main frame must be constructed of strong, high-grade steel tubing that has been stress analyzed and electronically welded. Frame must be of a truss 'type construction.

· Transmission and assemblies must be fully protected from the elements and be accessible for repair and servicing from the top or removal of side panels.

· The total payload weight carrying capacity of the machine will be a minimum of 1,500lbs.

G. TRACKS:

All weight carrying wheels shall be suitably suspended by springs. All wheels shall be solid tires, molded from a compound suitable for extreme low temperature use. Each track assembly shall be independently mounted, and each track carrier shall be provided with an individual mechanical track tension adjustment device. Tracks shall be an all-rubber endless design without any connecting lacings, or metal fasteners. The total track bearing area shall have a ground pressure between .83 PSI and 1.25 PSI at full track penetration.

H. OPERATOR CONTROLS:

· STEERING: A positive means of turning and controlling the vehicle shall be provided. The steering shall be activated or controlled by a full-circle steering wheel in the operator cab. Only full-circle steering wheels will be considered, lever or joystick steering will not be considered. The steering shall be equipped with a hydraulic assist to reduce operator fatigue. Turning vehicle shall be accomplished by front and rear turntables pivoting in opposite directions, as opposed to the skid-steer (locked track) method.

· BRAKES: Service brakes shall be placement, design and constructed as to ensure safe operation and be of ample capacity to stop and hold the vehicle on any grade to the maximum prevailing tractive effort. Automotive type brake petal shall be mounted to cab floor.

· Parking brakes shall be hand or foot operated and be provided with an over center or equal for locking in place. Parking brakes shall be capable of locking and holding the vehicle on any grade to the maximum prevailing tractive effort.

· ACCELERATOR: Shall be floor mounted, automotive type, to control engine RPM.

I. ADDITIONAL EQUIPMENT REQUIRED:

In additional to the equipment specified elsewhere in this specification, the vehicle shall be equipped with the following:

· 8' 6-WAY U-BLADE W/POWDER SCREEN

· DOOR MAP POCKET

· TILT STEERING

· HIGH BACK DRIVER/PASSENGER SEATS

· REAR COMPARTMENT HEATER

· SNAP ON FRONT WINDSHIELD COVER

· HEATED FRONT WINDSHIELDS

· CAB THERMAL UNDER COATING

· ALUMINUM UTILITY LADDER RACK

· 2X SIDE L.E.D. WORK LIGHTS

· ROOF MOUNTED L.E.D. SPOTLIGHT

· WARN 12,000 ZEON WINCH

· 2x HOT STICK TUBES

· TRANSFER CASE COOLING SYSTEM

· TURBO 3 INTAKE PRE-CLEANER

J. MANUFACTURERS INDENTIFICATION:

The vehicle shall bear the manufacturers name, trademark, model, and serial number either cast integral with stamped or otherwise marked on the vehicle or on a corrosion resistant metal plate securely affixed to the vehicle. Additional information indicating vehicle empty weight, load carrying ability and maximum gross weight shall also be affixed in the manner just prescribed.

K. INSTRUCTION MANUAL:

The manufacturer shall furnish a copy of the service, parts, and operation manual with each vehicle. This will be used to provide instructions for maintenance, operation, and complete parts list of all parts.

· Operation: Summary of the functions of the vehicle and some of capability of the vehicle.

· Maintenance: Provide recommendations for maintenance procedures, time schedules, inspections, and emergency breakdown.

· Parts Information: Complete list of all parts and assemblies and proper procedures of ordering parts by description and part number.

L. MISCELLANEOUS:

The vehicle shall be fully serviced and ready for intended operation at the time of delivery. This includes all adjustments to engine, track, electrical system, and complete lubrication.

· Provide within your quote County staff operator and maintenance training with the purchase of the machine.

Required delivery of vehicle within 12 months of executing contract. Training opportunity for staff to be completed by March 1st, 2024.

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. Email subject line shall be clearly marked with the ITB number:

1265 - Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent 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.

BID REQUIREMENTS (MINIMUM RESPONSIVENESS)

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:

Attachment 1 – Offerors Representations and Certifications Attachment 2 – Trade Secret Form (optional) Attachment 3 – Reference Form Attachment 4 – Bid Submittal Form

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.

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.

INTENT TO AWARD

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

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 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.

If 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.

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 1265 - Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent”.

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 a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County’s contract award decision.

TERMS AND CONDITIONS

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

ITB Amendment, Cancellation and Right of Rejection.

The County reserves the unilateral right to amend this ITB in writing at any time by posting the addendum on the Oregon Buys 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.

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.

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.

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.

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.

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

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 4 Attachment 1. Offeror Representations and Certifications OFFEROR NAME: _______________________________________________________________________________________________ ADDRESS: _____________________________________________________________________________________________________

CERTIFICATION/LICENSE NUMBER: _____________________________________________________________________________ The undersigned further acknowledges, attests, and certifies individually and on behalf of the Bidder that:

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.

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.

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

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.

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.

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

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.

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.

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.

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.

1. 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) contract, embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property.

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

1. 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.

1. 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

1. 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.

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 9 Attachment 2: Trade Secret Form 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.

I am aware that the Bidder has submitted a Bid, dated on or about Wednesday, 15 February 2023 04:00 PM (the “Bid”), to Marion County in response to Invitation to Bid 1265, for Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent and I am familiar with the contents of the ITB and Bid.

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.

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

is not patented, is known only to certain individuals within the Bidder’s organization and that is used in a business the Bidder conducts, has actual or potential commercial value, and gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

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

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

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 Bidder identifies the following information as exempt from public disclosure:

CMS # 1265 – Sno-Cat Snow Transportation Vehicle - Or Vehicle Specification Equivalent Page 1 of 11 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.

Attachment 4: Cost Bid Submission Form

Exhibit 1: County Contract for Services The Contract for Services (provided in the following pages) contains capitalized and bracketed items that shall be replaced with appropriate information in the final contract.

[County Contract for Services on Next Page]

MARION COUNTY

CONTRACT FOR SERVICES

[CMS #]

This contract is between Marion County (a political subdivision of the State of Oregon) hereinafter called County, and [Insert Name], [a/an [INSERT STATE] Corporation, non-profit, etc.] hereinafter called Contractor.

Contractor agrees to perform, and County agrees to pay for, the services and deliverables described in Exhibit A (the “Work”).

TERM

This Contract is effective on the date it has been signed by all parties and all required County approvals have been obtained. This Contract expires on [OPTION 1: [insert date].] [OPTION 2: the later of [insert date], the date all warranties have expired, or the date Contractor has completed all Services in accordance with the requirements of this Contract, as determined by County.] The parties may extend the term of this Contract provided that the total Contract term does not extend beyond [insert date or event], CONSIDERATION

The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $[Insert amount]. County will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work and will not pay for Work performed before the date this Contract becomes effective or after the termination of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

Interim payments to Contractor shall be made in accordance with the payment schedule and requirements in Exhibit A.

If specified below, county’s payments to Contractor under this agreement will be paid in whole or in part with federal funds. If so specified, by signing this agreement, Contractor certifies neither it nor its employees, contractors, subcontractors or subgrantees who will perform the Project activities are currently employed by an agency or department of the federal government. If applicable, Contractor shall comply with Exhibit B: Appendix II To Part 200—Contract Provisions For Non-Federal Entity Contracts Under Federal Awards In accordance with 2 CFR 200.331, Contractor has been designated:

|_| Subrecipient |_| Contractor/Vendor |_| Not applicable – (there are no federal funds tied to the contract) [DELETE the following if “Not Applicable” is marked above] Assistance Listing Number (ALN) #(s) of federal funds to be paid through this Grant: [XX.XXX]

COMPLIANCE WITH STATUTES AND RULES

County and the Contractor agree to comply with the provisions of this contract, its exhibits and attachments and all applicable federal, state, and local statutes and rules.

Unless otherwise specified, responsibility for all taxes, assessment, and any other charges imposed by law upon employers shall be the sole responsibility of the Contractor. Failure of the Contractor or the County to comply with the provisions of this contract and all applicable federal, state, and local statutes and rules shall be cause for termination of this contract as specified in sections concerning recovery of funds and termination.

County’s performance under this Contract is conditioned upon Contractor's compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Contract), 279B.230, 279B.235 (if applicable to this Contract) and ORS 652, which are incorporated by reference herein.

Contractor must, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of this state. For the purposes of this Section, “tax laws” includes all the provisions described in subsection 27. C. (i) through (iv) of this Contract.

Any violation of subsection B of this section shall constitute a material breach of this Contract. Further, any violation of Contractor’s warranty, in subsection 27.3 of this Contract, that Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle the County to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:

Termination of this Contract, in whole or in part;

Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State’s setoff right, without penalty; and Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The County shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing [replacement Services/replacement Goods/ a replacement contractor].

These remedies are cumulative to the extent the remedies are not inconsistent, and the County may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

CIVIL RIGHTS, REHABILITATION ACT, AMERICANS WITH DISABILITIES ACT AND TITLE VI OF THE CIVIL RIGHTS ACT Contractor agrees to comply with the Civil Rights Act of 1964, and 1991, Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84 which states in part, No qualified person shall on the basis of disability, race, color, or national origin be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits from federal financial assistance.

TIME IS OF THE ESSENCE

Contractor agrees that time is of the essence in the performance of this Contract.

FORCE MAJEURE

Neither County nor Contractor shall be responsible for any failure to perform or for any delay in the performance of any obligation under this Contract caused by fire, riot, acts of God, terrorism, war, or any other cause which is beyond the breaching party's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate the cause of Contractor’s delay or breach and shall, upon the cessation of the cause, continue performing under this Contract. County may terminate this Contract upon written notice to Contractor after reasonably determining that the delay or breach will likely prevent successful performance of this Contract.

FUNDING MODIFICATION

County may reduce or terminate this contract when state or federal funds are reduced or eliminated by providing written notice to the respective parties.

In the event the Board of Commissioners of the County reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, the Contractor agrees to abide by any such decision including termination of service.

RECOVERY OF FUNDS

Expenditures of the Contractor may be charged to this contract only if they (1) are in payment of services performed under this contract, (2) conform to applicable state and federal regulations and statutes, and (3) are in payment of an obligation incurred during the contract period.

Any County funds spent for purposes not authorized by this contract and payments by the County in excess of authorized expenditures shall be deducted from future payments or refunded to the County no later than thirty (30) days after notice of unauthorized expenditure or notice of excess payment.

Contractor shall be responsible to repay for prior contract period excess payments and un-recovered advanced payments provided by the County. Repayment of prior period obligations shall be made to the County in a manner agreed on.

ACCESS TO RECORDS.

Contractor shall permit authorized representatives of the County, State of Oregon, or the applicable audit agencies of the U.S. Government to review the records of the Contractor as they relate to the contract services in order to satisfy audit or program evaluation purposes deemed necessary by the County and permitted by law.

Contractor agrees to establish and maintain financial records, which indicate the number of hours of work provided, 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.

REPORTING REQUIREMENTS

Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at any time, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by the Contractor shall be supported by documentation in Contractor’s possession from third parties.

CONFIDENTIALITY OF RECORDS

Contractor shall not use, release, or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County’s or the Contractor’s responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person.

Contractor shall ensure that its agents, employees, officers, and subcontractors with access to County and Contractor records understand and comply with this confidential provision.

If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County, which shall become part of this Contract, if attached hereto.

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 as applicable.

INDEMNIFICATION AND INSURANCE.

Contractor shall defend, save, indemnify, and hold harmless the County, its officers, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature whatsoever, including attorney fees, resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under this Contract. Contractor shall have control of the defense and settlement of any claim that is subject to this section. However, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of either County or any department of County, nor purport to act as legal representative of either County or any of its departments, without first receiving from County Legal Counsel authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of County without the approval of County Legal Counsel. County may, at its election and expense, assume its own defense and settlement.

Contractor shall obtain the insurance required under section 23 prior to performing under this Contract and shall maintain the required insurance throughout the duration of this Contract and all warranty periods.

County, pursuant to applicable provisions of ORS 30.260 to 30.300, maintains a self-insurance program that provides property damage and personal injury coverage.

EARLY TERMINATION

This Contract may be terminated as follows:

County and Contractor, by mutual written agreement, may terminate this Contract at any time.

County in its sole discretion may terminate this Contract for any reason on 30 days written notice to Contractor.

Either County or Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination.

Notwithstanding section 13C, County may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit or certificate that Contractor must hold to provide services under this Contract.

PAYMENT ON EARLY TERMINATION

Upon termination pursuant to section 13, payment shall be made as follows:

If terminated under 13A or 13B for the convenience of the County, the County shall pay Contractor for Work performed prior to the termination date if such Work was performed in accordance with the Contract. County shall not be liable for direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim County may have against Contractor.

If terminated under 13C by the Contractor due to a breach by the County, then the County shall pay the Contractor for Work performed prior to the termination date if such Work was performed in accordance with the Contract.

If terminated under 13C or 13D by the County due to a breach by the Contractor, then the County shall pay the Contractor for Work performed prior to the termination date provided such Work was performed in accordance with the Contract less any setoff to which the County is entitled.

INDEPENDENT CONTRACTOR

The Contractor is a separate and independently established business, retains sole and absolute discretion over the manner and means of carrying out the Contractor’s activities and responsibilities for the purpose of implementing the provisions of this contract, and maintains the appropriate license/certifications, if required under Oregon Law. This contract shall not be construed as creating an agency, partnership, joint venture, employment relationship or any other relationship between the parties other than that of independent parties. The Contractor is acting as an “independent contractor” and is not an employee of County and accepts full responsibility for taxes or other obligations associated with payment for services under this contract. 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 for the duration of the contract.

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

GOVERNING LAW AND VENUE

This Contract shall be governed by the laws of the State of Oregon. Any action commenced in connection with this Contract 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.

OWNERSHIP AND USE OF DOCUMENTS

All documents, or other material submitted to the County by Contractor shall become the sole and exclusive property of the County. All material prepared by Contractor under this Contract may be subject to Oregon’s Public Records Laws.

NO THIRD-PARTY BENEFICIARIES

County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms.

Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract.

SUCCESSORS IN INTEREST

The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns.

MERGER CLAUSE

This Contract and the attached exhibits constitute the entire agreement between the parties.

All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract.

No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties.

Any written waiver, consent, modification, or change shall be effective only in the specific instance and for the specific purpose given.

WAIVER

The failure of any Party to enforce any provision of this Contract shall not constitute a waiver by that Party or any other provision. Waiver of any default under this Contract by any Party shall not be deemed to be a waiver of any subsequent default or a modification of the provisions of this Contract.

REMEDIES

In the event of…