Title_Services_for_Right-of-Way.pdf

GENERAL SERVICES BID

TITLE SERVICES FOR RIGHT-OF-WAY

(NO. 2022.246-ITQ)

FOR

Washington County, Oregon

RELEASE DATE: October 31, 2022 DEADLINE FOR QUESTIONS: November 9, 2022

RESPONSE DEADLINE: November 14, 2022, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/washington-county-or

Title Services for Right-of-Way

I. Introduction II. Legal Advertisement

III. Project Details IV. Pricing Table V. Vendor Submissions

VI. Instructions to Bidders

Attachments:

A - SAMPLE SERVICES CONTRACT

B - INSURANCE REQUIREMENTS SUMMARY FORM

Title Services for Right-of-Way

I. INTRODUCTION

I.A Summary

The Right-of-Way Section at Washington County's Department of Land Use & Transportation, Engineering and Construction Services Division is seeking the services of a title insurance company to perform title support services related to the acquisition of real properties for the use as rights-of-way.

I.B Contact Information

Kiersten Vanderhoof Procurement Analyst II 155 North First Ave, Ste 270, MS 28 Hillsboro, OR 97124 Email: kiersten_vanderhoof@co.washington.or.us Phone: (503) 846-3585 Department:

LUT-CPS

I.C Timeline

Washington County reserves the right to modify this timeline at the County’s discretion without notice.

Release Project Date October 31, 2022

Question Submission Deadline November 9, 2022, 5:00pm

Proposal Submission Deadline November 14, 2022, 3:00pm

Contractor Selection Date November 21, 2022 mailto:kiersten_vanderhoof@co.washington.or.us tel:(503)846-3585

Title Services for Right-of-Way

II. LEGAL ADVERTISEMENT

WASHINGTON COUNTY, OREGON INVITATION TO BID

No. 2022.246-ITQ Title Services for Right-of-Way

The Quote documents will be available at www.WashCoPurch.com/biz

Respondents are responsible for checking the site for any addenda to the quote documents before submitting their quotes to the site.

Quotes are due no later than 3:00 pm on Monday, November 14, 2022; the system does not allow for late submissions.

Quotes 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 quote not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all quotes upon a finding of the County it is in the public interest to do so.

Washington County reserves the right to reject any and all bids and to waive any and all informalities in the best interest of the County.

Respondents are solely responsible for ensuring receipt of their quote by the Procurement Division.

Respondents must conform to the requirements of these quote documents and all related, applicable laws.

The County does not intend to pre-qualify any respondents for this project. All quotes submitted for this project will be considered provided that they meet the criteria set forth in the quote documents with respect to submission in a timely manner, bonding, and all other applicable requirements.

Dated this Monday, October 31, 2022

Kiersten Vanderhoof

Procurement Analyst II

(503) 846-3585

Published: Monday, October 31, 2022 Oregon Buys

Title Services for Right-of-Way

III. PROJECT DETAILS

III.A Summary of Work

The Right-of-Way Section at Washington County's Department of Land Use & Transportation, Engineering and Construction Services Division is seeking the services of a title insurance company to perform title support services related to the acquisition of real properties for the use as rights-of-way. This request for quotes is specifically for the following services:

• Preliminary Title Reports

• Litigation Reports

• Title Insurance

• Deed Research

• Escrow

III.B Scope of Work

1. SCOPE OF WORK: Contractor shall provide preliminary title reports, litigation reports, title insurance, escrow services, and perform deed research as requested by Washington County (County). The work performed under this contact relates exclusively to right-of-way acquisition by Washington County.

2. ASSIGNMENT OF WORK: This is a non-exclusive contract. When work is required and County decides to use Contractor, the County will make a work order request to Contractor which will address the scope, price, and turnaround time. Upon signature by both parties, the final written Work Order shall become a part of the Agreement, and shall authorize Contractor to proceed.

3. PAYMENT: Rates of payment will be outlined and agreed to in the Work Order and shall be consistent with Contractor's response to the RFQ. Payment for work accomplished under this agreement shall not exceed the Contractor's cost estimate or cost proposal for a specific project without prior written approval of a modification by the County. The County is only under obligation to expend money for those services requested.

4. INVOICES: Invoices and other claims for payment must be submitted in a County-approved format.

III.C Instructions to Quoters

To assist in quote comparison, we've prepared a quote form for each company to insert their fees into and return as their quote/response. It is important that you list the fee, or the percentage fee, for each item outlined on the attached quote form. If there are any additional charges, for example, a fee for transferring a Preliminary Title Report to a Litigation Report, Title Services for Right-of-Way please add a note on the questionnaire. It is essential that all charges for requested services are included in your response.

The Title Company contract will be a 5-year contract effective January 1, 2023, through December 31, 2027.

Please submit questions in writing via the Questions & Answers tab on this solicitation.

The County will select up to four (4) firms, based on pricing.

Title Services for Right-of-Way

IV. PRICING TABLE

All items must have a price or percentage in order to be seen as responsive. If there is a NO BID column then choosing that option is acceptable.

QUOTE FORM

Line Item Description Quantity Unit of Measure

Unit Cost Total Comments

1 Preliminary Title Reports 1 Per Tax Lot Per report;

Cancel charge if order for title insurance cancels;

credited towards title insurance or litigation guarantee charge.

Assume no government service charges.

2 Litigation Guarantee 1 Per Tax Lot Assume a $500,000 transaction amount;

charge is for litigation guarantee;

see Basic Rate Schedule

3 Owner's Title Insurance Premium

1 Per Tax Lot Assume a $500,000 transaction amount; see Basic Rate Schedule

Title Services for Right-of-Way

Line Item Description Quantity Unit of Measure

Unit Cost Total Comments

4 Escrow 1 Per Closing Assume a $500,000 transaction amount;

County typically pays full escrow fee or may split with Grantor.

5 Release Service Fee 1 Per Trust Deed

As part of escrow closing.

6 Deed Research 1 Hourly

TOTAL

Title Services for Right-of-Way

V. VENDOR SUBMISSIONS

V.A Electronic Submittal**

By electronically submitting this response the Supplier attests and certifies that:

1. Person completing this response represents that I am either authorized to bind the Supplier, or that I am submitting the Response on behalf of and at the direction of the Supplier's representative authorized to contractually bind the Supplier.

2. I represent that the Supplier or its applicable representative(s) has reviewed the information contained in this Solicitation Package and that the information submitted is accurate.

3. Respondent agrees that the action of electronically submitting its response constitutes:

a. an electronic signature on the responses, generally,

b. an agreement to conduct business electronically,

c. an electronic signature on any form or section specifically calling for a signature, and

d. an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

☐ Yes

☐ No *Response required

V.B Solicitation Requirements*

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

☐ Yes

☐ No *Response required

V.C OFFER*

By submission of a response does the bidder attest that they have carefully examined the Special Instructions, Project/Specification Information, General Instructions and all other related material and information, and agrees to comply with the terms set forth in those documents and to furnish the services described at the rates bid?

Does the bidder further agrees that this offer will remain in effect at the rates bid for a period of not less than 180 calendar days from the date that bids are due and that this offer may not be withdrawn or modified during that time?

Title Services for Right-of-Way

☐ Yes

☐ No *Response required

V.D Collusion and Discrimination*

The bidder hereby certifies that this bid is genuine and that it has not entered into collusion with any other vendor(s) or any other person(s).

The bidder hereby certifies that it has not discriminated and will not discriminate against any minority, women or emerging small business enterprise or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining any required subcontract per ORS 279A.110.

☐ Please confirm *Response required

V.E Tax*

The bidder hereby certifies that they have complied with the tax laws of Oregon and all political subdivision of the State of Oregon, including ORS 305.620 and ORS chapters 316, 317 and 318.

Washington County may terminate the contract if contractor fails to comply with any tax laws during the term of the contract.

☐ Please confirm *Response required

V.F Resident Vendor*

The bidder is a resident as defined in ORS 279A.120*?

*ORS 279A.120(1)(b) – Resident bidder means a vendor 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

V.G Cooperative Purchasing*

Will the proposer extend pricing and terms to other public agencies?(there is no penalty for not agreeing to extend pricing)

☐ Yes

☐ No *Response required

Title Services for Right-of-Way

V.H Oregon Secretary of State Business Registry*

Enter your registry number without dashes or spaces. If you are not currently registered enter N/A. If you are the successful proposer you will be required to register with the Secretary of State in order to contract with the County.

*Response required

V.I Solicitation Awareness*

How did you hear about this quote opportunity?

Select all that apply

☐ Oregon Buys

☐ Link sent directly to my email

☐ DJC Oregon, Portland Tribune, or other printed media

☐ Twitter, Facebook, or other social media

☐ Washington County Website

☐ Plan Room, Planning Center, etc.

*Response required

Title Services for Right-of-Way

VI. INSTRUCTIONS TO BIDDERS

VI.A DEADLINE DISCLAIMER

It is the responsibility of the bidder to upload and submit electronic bids before the deadline date and time approaches as posted on the Count's Procurement Portal. Allow for a sufficient amount of time for the bid entry/document upload process in order to ensure timely submission.

Some people are experiencing problems with the Internet, so make sure that all documents are uploaded as soon as possible well in advance of the deadline. The County's Procurement Portal will close promptly at the deadline date and time…no exceptions are allowed.

VI.B PUBLIC BID OPENING

A Public Bid Opening is not required for purchases under $150,000.

VI.C RIGHTS OF THE COUNTY

The County expressly reserves the following rights:

A. To waive any irregularities in the quotes submitted.

B. 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.

C. To make awards to any respondent whose quote, in the opinion of management and the Board, is the lowest responsible quote.

D. To cancel the procurement or reject any or all quotes, or selected portions thereof, in accordance with ORS 279B.100. Under no circumstances shall the County be responsible for, nor shall it reimburse, any costs associated providing a bid for this solicitation.

E. To negotiate final contract terms and conditions to the fullest extent allowed by the law and as in the best interests of the County.

Acceptance of an offer is subject to budget approval and budgetary constraints as determined by the County.

VI.D EXPECTATIONS OF RESPONDER

1 If this solicitation requires response on all items, failure to do so will disqualify the quote. If quoting on all items is not required, responders should insert the words “No Quote” in the space provided for any item on which no price is submitted.

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

3 To provide for appropriate insurance as required.

Title Services for Right-of-Way

4 To comply with all Federal, State and County laws, ordinances, and rules.

5 Responder will comply fully with specifications as attached for the agreed quote and/or resulting contract, especially where materials and work are involved.

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

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

8 Upon completion of the resulting 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.

9 That they have met any and all registration requirements where required for contractors as set forth in the Oregon Revised Statutes.

10 To accept any claims, liens and demands to indemnify the County and preserve harmless the County or the property the entire time of equipment installation and/or resulting contract duration.

11 To meet the highest standards prevalent in the industry or business most closely related to the goods or services of this bid.

12. To understand that the successful bidder will be held to all County policies and procedures.

VI.E CHANGES

The County, by written order, may make changes in the following areas:

1 Drawings, design, and/or specifications where the product or service is a special order or separate project for the County.

2 The method of shipment or packaging.

3 The place of delivery and installation (if required).

4 If said change(s) increases or decreases the net cost of the product/service, the County and the responder agree to negotiate an equitable adjustment.

5 The contractor shall not make any changes in the specifications or other requirements without the express prior written consent of the County. Any proposed changes shall be presented in writing to County management not less than fourteen (14) calendar days prior to the proposed effective date of said change.

6 Any claims made for adjustment hereunder shall be served within thirty (30) calendar days of completion of delivery or service.

7 Nothing in this clause shall excuse the contractor from proceeding with the resulting contract as changed.

8 The additions of similar or related work or materials or unidentified needs.

Title Services for Right-of-Way

VI.F HOURLY RATES

1 The hourly rates specified by the responder shall include labor, consumable materials and supplies, necessary or incidental costs and all direct and indirect administrative costs. These incidental supplies and materials include such items as fasteners, adhesives, hardware and other small expense items which are difficult to track or bill through any other process.

2 Hours paid under the resulting contract shall be only for productive hours at the job site. Time spent for transportation of workers, material acquisition, handling and delivery or movement of contractor owned or rental equipment is not directly chargeable to the County.

VI.G LICENSES/PERMITS/CERTIFICATIONS

1 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 the resulting contract ceases to be effective for any reason. The contractor will pay any fees connected with the resulting contract unless otherwise specified in the Special Instructions or Specifications.

VI.H QUALIFICATIONS OF RESPONDERS

Qualifications may be evaluated when determining award. Responders may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature. The County reserves the right to investigate references and to consider the past performance of any responder 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 responder.

VI.I LOW TIE QUOTES

1 Low tie quotes are subject to the Oregon preference contained in ORS 279A.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 quotes that remain after application of the statutory Oregon preference shall be awarded according to the following sequence:

A Preference shall be given to the responder whose principal offices or headquarters are located in Oregon.

B. If a tie still remains after applying (A) above, award shall be made by drawing lots among any tied Oregon responders. Such responders shall be given notice and an opportunity to be present when lots are drawn.

Title Services for Right-of-Way

C. If none of the tied responders is located in Oregon, award of the contract shall be made by drawing lots among the tied responders.

VI.J 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 the resulting contract.

VI.K PERFORMANCE

1 Contractor shall perform all services required by the resulting contract within the time specified. All services shall be performed in the most highly professional manner, and in accordance with the highest industry standards. 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.

2. In the event of nonperformance under the resulting contract the County will have the right to obtain from other sources such services as may be required to fulfill the contract. It is agreed that the difference in cost, if any, for said services shall be borne by the contractor.

VI.L EMPLOYMENT STANDARDS

The contractor agrees that upon request by the County, it shall remove from County premises any of contractor’s employees, subcontractors or agents who, in the reasonable opinion of the County, has been involved in inappropriate conduct; bringing any unauthorized personnel (including their own children) into a County facility; are involved with the unauthorized use of County equipment, or are not qualified to perform the work assigned.

Contractor agrees to take immediate and reasonable steps to maintain its provisions of service under the resulting contract in the event of any labor action involving its employees on County premises or elsewhere.

VI.M GUARANTEE and DAMAGE CLAUSE

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

2 Contractor shall be responsible for redecorating, restoring, or otherwise repairing any portion of the County's premises, facilities, or any County owned properties or right-of-ways which are

Title Services for Right-of-Way damaged by the contractor and its agents in the case of any work related to its obligation under this contract.

3 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.N UNDERWRITERS LABORATORY

All items offered of an electrical nature shall indicate the current UL listing, if applicable. In addition, any goods such as fire protection equipment, etc., for which there is a UL testing procedure shall also include the UL listing, if applicable. Any other certification such as Factory Mutual, etc., shall be noted in the offer.

VI.O PUBLIC CONTRACTING STATUTES

1 This solicitation and the resulting contract are governed by Oregon Law and Washington County Procurement Rules. The provisions of Oregon Revised Statutes 279B.220 through 279B.235, Public Contracts, as applicable are incorporated herein by reference. Any Contractor 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.

2 Oregon Revised Statutes can be obtained from: Legislative Counsel Committee, S101 State Capitol, Salem, OR 97310-0630. Phone (503) 378-8146 or on line at:

http://www.leg.state.or.us/ors/home.html

3 Washington County Procurement Rules can be obtained from: Washington County Procurement Division, 155 North First Street., Ste 270, Hillsboro, OR 97123, phone (503) 846- 8737 or email wcpurchasing@co.washington.or.us.

VI.P QUESTIONS, INTERPRETATIONS, and ADDENDA

1. If necessary, interpretations or clarifications in response to questions will be issued by addenda. Questions received after the deadline to submit questions may not be answered unless the County determines, in its sole discretion that it is in its best interests to do so. Oral and other interpretations or clarifications will be without legal effect.

2. Any amendment(s) to or error(s) in the document called to the attention of the County will be added to or corrected by written addendum and posted to OpenGov. The County may also issue addenda to modify the proposal documents, as it deems advisable.

3. Receipt of addenda must be acknowledged.

4. Proposers shall be solely responsible to check for and download all addenda, if any, from the OpenGov prior to submitting their proposals.

Title Services for Right-of-Way

VI.Q AWARD OF CONTRACT

The County intends to award the quote to the lowest responsible responder(s) who has met all the requirements of the specifications, and who is not disqualified or debarred under Washington County Rules of Procurement or Oregon State Statutes.

The County reserves the right to reject any and/or all quotes in whole or in part and to not contract for any individual categories.

One contract will be awarded for all items. Responder must quote all items listed on the quote form to be considered responsive. Determination of lowest quote will be based on the Total Quote Price.

VI.R CONTRACT

The term of the contract resulting from this quote shall not exceed five years.

The contract that will be executed for this solicitation will be a standard Washington County Contract, which may incorporate terms and conditions from this solicitation document, as well as from the responder’s response. A sample contract is attached. Potential responders should review this contract to ensure they can meet the terms and conditions of this contract prior to submitting a quote.

VI.S INSURANCE REQUIREMENTS

The insurance requirements for this contract are outlined in the attached Insurance Requirements Summary Form.

VI.T INTERGOVERNMENTAL COOPERATIVE PURCHASING

1 Pursuant to ORS 279A and Washington County Procurement Rules, other public agencies shall have the ability to establish contracts or price agreements under the terms, conditions and prices of the contract established from this solicitation.

2 Any bidder, by written notification included with their solicitation response, may decline to extend the prices and terms of this solicitation to other public agencies.

3 Any such purchases shall be between the Contractor and the participating public agency and shall not impact the Contractor’s obligation to Washington County. Any estimated purchase volumes listed herein do not include other public agencies and Washington County makes no guarantee as to their participation.

4 Each contracting agency will execute a separate contract with the Contractor for its requirements.

5 Contractor shall provide information regarding total usage of contract upon the request of Washington County.