Scoggins_Valley_Park_Henry_Hagg_Lake_Septics_Services_(Addendum_#1_Revision).pdf
PDF 192 KB Posted
- Solicitation number
- 2020.093B
- Issued by
- Washington County, Oregon
About this file
This Invitation to Bid (ITB) document from Washington County, Oregon, seeks a five-year contract for septic services at Scoggins Valley Park and Henry Hagg Lake. The contract requires an on-call and emergency pumping service for various septic tanks and vaulted toilets located throughout the park, with a critical environmental requirement of a maximum 4-hour response time available 24 hours a day, 7 days a week. The bid was released on September 23, 2020, with a question submission deadline of October 5, 2020, and a response deadline of October 8, 2020, at 1:00 pm. The County reserves the right to award all locations based on quote results and can obtain quotes from other firms for specific jobs.
The estimated project expense is $50,000, with pricing to be firm for one year from the contract execution date. Bidders must provide rates that include labor, materials, supplies, overhead, supervision, mileage, travel time, set-up, truck charges, and any environmental or disposal charges. The County encourages the use of recycled and sustainable products and requires contractors to wear uniforms with company identification while on-site. Contractors must also comply with various legal requirements, including non-discrimination policies, tax laws, and safety regulations. The contract will be awarded to the lowest responsible bidder who meets all specifications and is not disqualified under Washington County Purchasing Rules.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| SAMPLE_SERVICES_CONTRACT.pdf | ||
| CERTIFICATION_AND_CONTRACT_OFFER_to_be_Signed_and_Uploaded.docx | DOCX document | |
| 2020.093B_Attachment_C_-_INSURANCE_REQUIREMENTS_SUMMARY_FORM_for_Services.pdf | ||
| SVP_toilets_(1).pdf | ||
| SVP_CXT_photo.pdf |
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Text version
ITB
SCOGGINS VALLEY PARK/HENRY HAGG LAKE SEPTICS SERVICES
Washington County, Oregon
155 N First Ave Hillsboro, OR 97124 https://www.co.washington.or.us/
RELEASE DATE: September 23, 2020 DEADLINE FOR QUESTIONS: October 5, 2020
RESPONSE DEADLINE: October 8, 2020, 1:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/washington-county-or
Scoggins Valley Park/Henry Hagg Lake Septics Services
I. Introduction II. Legal Advertisement
III. Instruction to Bidders IV. Scope of Work V. Pricing Proposal
VI. Terms and Conditions VII. Vendor Questionnaire
Attachments:
A - SVP_CXT_photo B - SVP_toilets (1) C - 2020.093B Attachment C - INSURANCE REQUIREMENTS SUMMARY FORM for Services D - CERTIFICATION AND CONTRACT OFFER to be Signed and Uploaded
E - SAMPLE SERVICES CONTRACT
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I. INTRODUCTION
I.A Summary
Washington County is requesting bids for a five-year Scoggins Valley Park/Henry Hagg Lake septic services contract for Washington County Department of Support Services, Parks and Facilities Division.
I.B Background
Scoggins Valley Park/Henry Hagg Lake have both flushable toilet septic tanks at various locations around the park and several vaulted toilets (CXT's).
I.C Contact Information
Tracey Nolin Management Analyst II 169 N FIrst Avenue Hillsboro, OR 97124 Email: tracey_nolin@co.washington.or.us Phone: (503) 846-8694
Department:
Facilities
I.D 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.
Release Project Date September 23, 2020
Question Submission Deadline October 5, 2020, 5:00pm
Proposal Submission Deadline October 8, 2020, 1:00pm
Contractor Selection Date October 8, 2020 mailto:tracey_nolin@co.washington.or.us tel:(503)846-8694
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II. LEGAL ADVERTISEMENT
II.A Copy of Legal Advertisement
WASHINGTON COUNTY, OREGON INVITATION TO BID
(No. 2020.093B )
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 project will be $50,000.
Bids must contain:
• A statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120(1)(b).
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.
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.
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.
Dated this 22nd of September, 2020
Suzi Fulcher
Purchasing Manager
(503) 846-8734
Published: Sep 23, 2020 Portland Tribune http://www.washcopurch.com/biz
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III. INSTRUCTION TO BIDDERS
III.A Electronic Copies
Electronic copies of the solicitation documents are available at www.WashCoPurch.com/biz All addenda will be posted electronically on ProcureNow. Bidders should check to verify they have all addenda and review the Question and Answer folder before submitting their bids. .
III.B Precedence of Bid Documents
The order of precedence of documents is as follows:
1. Special Instructions
2. Standard Contract Terms & Conditions
3. Specifications/Scope of Work
4. General Instructions
III.C 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.
III.D 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 utilize the “No Bid” 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.
http://www.washcopurch.com/biz
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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.
III.E 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 #:2020.093B 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.
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4. Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.
III.F 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.
III.G Bid Submission
1. All bids must be submitted through our electronic bidding system ProcureNow at www.WashCoPurch.com/biz
2. Email, phone, fax and paper bids will not be accepted.
3. Bids received after designated time and date will be returned unopened. It is the sole responsibility of the bidder to ensure receipt of bids or bid modifications by the County by the specified time.
4. Bidders are required to use the bid forms posted on www.WashCoPurch.com/biz Please retain a copy for your records.
III.H Bid Opening
1. All bids received will be publicly opened immediately after the bid opening 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 a fully executed bid package, including all required documents and descriptive literature. All applicable blanks must be completed. Any statement accompanying and tending to qualify a bid may cause rejection unless the statement is
Scoggins Valley Park/Henry Hagg Lake Septics Services Powered by ProcureNow required or permitted. The person authorized to sign the Signature Page must initial any alterations or erasures to the bid form packet in ink
III.I 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 questions and answers to 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 less than seven (7) calendar days prior to the date for the closing of bids 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 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.
III.J Bid Submission Requirements
1. To be considered for award, each submittal shall contain the following:
1. Signed and Dated Certification and Contract Offer ,
2. Completed Bid Table, III.K Contract Award
The County reserves the right to award this bid based on the following:
Total Cost of Service
III.L 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 and enter into a contract with the County. If the successful bidder fails to comply with any of the requirements herein, the County
Scoggins Valley Park/Henry Hagg Lake Septics Services Powered by ProcureNow 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.
IV. SCOPE OF WORK
IV.A Scoggins Valley Park/Henry Hagg Lake Septics Services
Contractor shall provide On-Call and Emergency pumping of septic systems and tanks within Scoggins Valley Park, home of Henry Hagg Lake.
Due to critical environmental concerns Contractor shall provide a maximum 4 hour response time 24 hours a day, 7 days a week. Situations may require pumping 5000 gallon liquid or solid tanks either on an “as-needed” basis or during emergencies such as power outages.
Locations of flush toilet septic tanks:
Parks Office/Maintenance shop (residential septic system)
Eagle Point Recreation Area
A-East Day Use Area (currently closed to the public)
C-Ramp Recreation Area
Sain Creek Recreation Area
Fee Booth
Locations of vaulted toilets:
Elks Recreation Area
Scoggins Creek Recreation Area
Dam Overlook
C-Ramp Recreation Area
For CXT servicing, there are 2 vaults that can be accessed by (locked) covers on the back platform of the CXT's. Coordination for access to take place when service is requested by Parks staff. All pumping services need to be coordinated with Parks Staff in advance of arrival so staff can assist with location and access to septic tanks or toilets.
Photo of Scoggins Valley restroom locations to be covered under this bid are included in the Attachments Section as Attachment B.
RESERVATIONS
The County has an existing contract for the vaulted toilets in place. County has discretion to award all the locations if in best interest of County based upon quote results. If quote price for this solicitation is higher than current vaulted toilet contract, contractor will be awarded the vaulted toilet locations at the end of the current contract period or if pricing becomes best value
Scoggins Valley Park/Henry Hagg Lake Septics Services Powered by ProcureNow to County. Notification will be provided via email and inform Contractor when service delivery can begin.
The County reserves the right to obtain quotes from other firms for specific jobs and to select any firm for a given job if in the best interest of the County.
UNIFORMS AND IDENTIFICATION
While at any County site, all Contractor personnel must wear a uniform with company identification, including employees’ name and company logo, visible to all other personnel in the area. Contractor personnel must maintain a clean and professional appearance at all times while at a County site.
PRICING
All quote prices are firm for 1 year from date of contract execution. Requests for price increase shall be remitted in writing by Contractor on letterhead with date explaining why increase is needed. Proof of increased costs to be included and provided to Contract Administrator to allow approval or negotiation to amount both parties can accept. An amendment is required before pricing can change.
V. PRICING PROPOSAL
BID
The rates input is to include labor, consumable materials and supplies, overhead, supervision, mileage, travel time, set-up, trip and truck charges, any environmental or disposal charges necessary or incidental to providing septic services.
No. Description Quantity Unit of Measure Unit Cost Total
1. Total cost of service 1 Gallon
TOTAL
FOR INFORMATION ONLY
Contract will be awarded based on Total Cost of Service, the following prices are requested for information only.
No. Description Quantity Unit of Measure Unit Cost Total
1. Total cost of services for after hours or emergency call out
1 Gallon
2. Minimum call out charge if applicable, if you do not charge a minimum choose
1 Lump Sum
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No Bid.
3. Hourly rate for locating, digging, and backfill
1 Hour
4. Hourly rate for line opening
1 Hour
5. Hourly rate for inspection services
1 Hour
TOTAL
VI. TERMS AND CONDITIONS
VI.A Laws and Regulations
The bidder is assumed to 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 please of misunderstanding will be considered on account of ignorance thereof. If the bidder shall discover 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.
VI.B 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.
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VI.C 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.
VI.D Forms
1. An individual of the company who is authorized to legally obligate the company must sign the certification and contract offer in ink before an award will be made.
2. An offer will not be considered for award where the certification has been omitted, modified or not properly signed prior to presentation to the County Administrator or Board of Commissioners for award.
3. After award of contract, the successful bidder will be required to complete and file all forms relating to insurance, and any other requirements of public works contractors with the County and the State in a timely manner.
VI.E Board of Commissioners Rights
The Board of Commissioners 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.
VI.F 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
Scoggins Valley Park/Henry Hagg Lake Septics Services Powered by ProcureNow 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.
VI.G Criteria for Award of Contract
The County intends to award the bid to the lowest responsible bidder(s) who has met all the requirements of the Specifications, and who is not disqualified or debarred under Washington County Purchasing Rules.
VI.H 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.
VI.I Acceptance, Rejection or Cancellation of Award
1. This solicitation does not commit the County to award a contract. Washington County reserves the right to cancel award of a contract at any time before execution of the contract if cancellation is deemed to be in the County's best interests. In no event shall the County have any liability for the cancellation of the award.
2. Acceptance of an offer is subject to budget approval and budgetary constraints as determined by the County.
VI.J Award Recommendation
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., as described in Section titled Protest and Judicial Review of Award .
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VI.K 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.
VI.L 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.
VI.M 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.
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VI.N 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.
VI.O 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.
VI.P 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.
VI.Q 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.
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VI.R 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.
VI.S 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.
VI.T 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.
VI.U 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
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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.
VI.V 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.
VI.W 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.
VI.X 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.
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VI.Y 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.
VI.Z Permits and Fees
1. The Bidder shall obtain and pay for all other necessary permits and licenses, except for those specifically excluded, for the 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 project or caused by obstructing streets, sidewalks or otherwise resulting from its failure to obtain required licenses and permits.
VII. VENDOR QUESTIONNAIRE
VII.A 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
VII.B Solicitation Requirements*
Bidder certifies that they have read through and confirm that they meet all of the Solicitation requirements.
☐ Please confirm *Response required
VII.C Collusion and Discrimination*
Does the Bidder certify that this bid is genuine and that it has not entered into collusion with any other vendor(s) or any other person(s)?
Does the Bidder hereby certify 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
Scoggins Valley Park/Henry Hagg Lake Septics Services Powered by ProcureNow
☐ No *Response required
VII.D Tax*
Does the Bidder hereby certify 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
VII.E Resident Bidder *
Is the Bidder 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
VII.F Insurance*
Bidder can and will provide insurance as outlined in the Insurance Requirements Summary Document included in Attachments.
☐ Yes
☐ No *Response required
VII.G Bid Documents*
Please upload your COMPLETE Certification and Contract offer.
*Response required
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