INVITATION TO BID INMATE CLOTHING & FOOTWEAR REQUIREMENTS CONTRACT FOR WASHINGTON COUNTY, OREGON (NO B) BID CLOSING:11:00 AM OCTOBER 4, 2012

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1 Bid submissions will not be accepted in electronic form. All submissions must be delivered in hard copy in accordance with the instructions of the document. INVITATION TO BID PLEASE NOTE: INMATE CLOTHING & FOOTWEAR REQUIREMENTS CONTRACT FOR WASHINGTON COUNTY, OREGON BID CLOSING:11:00 AM OCTOBER 4, 2012 (NO B) Copies of Invitation to Bid (ITB) documents obtained from sources other than the Washington County Purchasing Division or the Oregon Procurement Information Network (ORPIN) are not valid documents.

2 COPY OF LEGAL ADVERTISEMENT WASHINGTON COUNTY, OREGON INVITATION TO BID (NO B) Washington County, Oregon is requesting sealed bids for an inmate clothing and footwear requirements contract for the Washington County Jail. Bids must be received by 11;00 AM, October 4, 2012 in the Washington County Purchasing Division Office, Charles D. Cameron Public Services Building, Suite 270, 155 North First Avenue, Hillsboro, Oregon Bids will be opened immediately thereafter. Bids received after the designated time and date, per the official bid clock located in Purchasing, will be returned unopened Bid documents are available on the web at Each bid must contain a statement as to whether the bidder is a resident bidder, as defined in ORS 279A.120. 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 that 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. Dated this 7 th day of September Lenika Hutchens Senior Administrative Specialist PUBLISHED: September 7, 2012 Daily Journal of Commerce and ORPIN

3 GENERAL INSTRUCTIONS TO BIDDERS The following instructions, terms and conditions apply to all bids or other such offers to provide goods to Washington County. 1 ELECTRONIC COPIES 1.1 Electronic copies of this solicitation document are available through the Oregon Procurement Information Network (ORPIN) at All addenda will be posted electronically on ORPIN. Bidders should check ORPIN to verify they have all addenda and review the Question and Answer folder before submitting their bid. All submittals by the bidder must be in hard copy form. 2 PRECEDENCE 2.1 The order of precedence of documents is as follows: Special Instructions Specifications General Instructions 3 COPIES OF BID DOCUMENTS 3.1 Copies of bid documents obtained from sources other than ORPIN and the Washington County Purchasing Division (such as other contractors or plan centers) are not valid bid documents. It is the bidder's responsibility to insure that their name is on the ORPIN interested parties list for that particular project in order to receive notification of all addenda as well as additional relevant information. 4 PUBLIC CONTRACTING STATUTES 4.1 The provisions of Oregon Revised Statutes 279B.020 through 279B.235, 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 goods agrees to comply with said provisions. 5 OSHA 5.1 During the performance of this contract, the bidder 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. 1

4 GENERAL INSTRUCTIONS TO BIDDERS 6 HAZARD COMMUNICATIONS 6.1 All materials that include solvents, paints, cleaning agents, chemicals, reagents or other hazardous materials shall be labeled with the name(s) of the hazardous ingredient(s), the hazard(s) of the material(s) and the appropriate precautions. Material(s) for which toxicological or hazard data is unavailable shall carry a label stating, "Toxicological and other hazards unknown. Handle as extremely hazardous." 6.2 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. 7 LABOR 7.1 Bidder shall be familiar and comply with all applicable rules and statutes found in the Oregon Revised Statutes and/or the Oregon Administrative Rules relating to minimum wage, preference in employment, eight-hour laws and other such information having a bearing on the employment of personnel for this project. 8 WORKERS COMPENSATION 8.1 The Contractor shall comply with ORS for all employees who work in the State of Oregon. 9 INTERGOVERNMENTAL COOPERATIVE PURCHASING 9.1 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 original contract established from this solicitation. 9.2 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. 9.3 Each contracting agency will execute a separate contract with the successful bidder for its requirements. 9.4 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. 2

5 GENERAL INSTRUCTIONS TO BIDDERS 9.5 Contractor shall provide information regarding total usage of contract upon the request of Washington County. 10 SPECIFICATION REQUIREMENTS 10.1 Bidders shall comply with all specifications as listed The apparent silence of the ITB specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only materials and workmanship of first quality are to be used 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. 11 SPECIFICATION PROTEST PROCESS 11.1 Delivery: A supplier must deliver a protest of specifications to the County in writing no later than seven (7) calendar days prior to the bid closing date as follows: Specification Protest Bid #: B Support Services/Purchasing Division ATTN: Purchasing Supervisor 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon Content: A supplier s written protest must include: A detailed statement of the legal and factual grounds for the protest; A description of the resulting prejudice to the supplier; and A statement of the form of relief requested or any proposed changes to the specifications County Response: The County may reject without consideration a supplier s protest after the deadline established for submitting protest. The County shall provide notice to the applicable supplier if it entirely rejects a protest. If the County agrees with the supplier s protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation. 3

6 GENERAL INSTRUCTIONS TO BIDDERS 11.4 Extension of Closing: If the County receives a written protest from a supplier in accordance with this rule, 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 Judicial review of the County s decision relating to a specification protest shall be in accordance with ORS 279B BID SUBMISSION 12.1 All bids must be in a sealed envelope or appropriate packaging and addressed to the Washington County Purchasing Division at the address below. The name and address of the bidder should appear on the outside of the envelope. The outside lower left-hand corner should state the bid title, bid number and the bid closing date and time. The address to mail or deliver the bid is: Washington County Purchasing Division Charles D. Cameron Public Service Building 155 North First Avenue, Suite 270, MS 28 Hillsboro, OR Bidders are required to use the bid forms furnished by Purchasing. Please retain a copy for your records The bid price for each item or project shall be based on the net price per unit or project after all trade, cash, advertising, and government/institutional discounts. The price shall also be net of all excise, state, and federal taxes. Additional 'prompt payment' cash discounts may be a factor in judgment of bids. Amounts representing the total bid price, obtained by computing the quantity times the unit price quoted, shall be entered by the bidder in the 'Total Price' column where called for. The unit price stated in the bid will govern in case of error All prices bid shall be FOB destination unless indicated otherwise by the County The County, if calling for a certain quantity, may accept the offer at the unit price quoted for any quantity up to the quantity specified. If the offering bidder cannot meet this requirement because of quantity discounts, round lots, etc., they must so state in the offer. 13 BID OPENING 13.1 All bids received will be publicly opened immediately after the bid closing date and time in the Purchasing Division Office at 155 North First Avenue, Suite 270, Hillsboro Oregon. All bidders and other persons who may be interested in this matter are invited to be present 4

7 GENERAL INSTRUCTIONS TO BIDDERS 13.2 Bids shall be typed or prepared in ink and shall be signed by the bidders or an authorized representative of the bidder. Bids shall be made on the form provided. The person authorized to sign the certification and contract offer must initial any alterations or erasures to the bid form packet in ink 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 required or permitted Phone bids will not be accepted. Electronic (E-Bid) or fax bids are not permitted unless authorized by the Special Instructions Late bids or modifications will be handled in the following manner: Any bid or bid modification received at the location designated in the Special Instructions after the exact time specified for receipt will not be considered. It is the sole responsibility of the bidder to ensure receipt of bids or bid modifications by the County by the specified time. 14 FORMS 14.1 After award of contract, the successful bidder shall be prepared to complete and file all forms, with the County and the State in a timely manner An offer may not be considered for award where the certification and contract offer has been deleted, omitted, modified or not properly signed prior to presentation to the Washington County Board of Commissioners for award By signing the certification and contract offer form, bidder acknowledges acceptance of all elements of this invitation to bid. 15 CHANGES 15.1 The County, by written order, may make the following changes in the following areas: 15.2 Drawings, design, and/or specifications where the product is a special order or separate project for the County The method of shipment or packing The place of delivery If said change(s) increases or decreases the net cost of the product, the County and the bidder agree to negotiate an equitable adjustment. 5

8 GENERAL INSTRUCTIONS TO BIDDERS 15.6 The bidder shall not make any changes in the specifications, method of construction, or other requirements without the express prior written consent of the County. Any proposed changes shall be presented in writing to the Contract Administrator not less than fourteen (14) calendar days prior to the proposed effective date of said change Any claims made for adjustment hereunder shall be served within thirty (30) calendar days of completion of delivery Nothing in this clause shall excuse the bidder from proceeding with the contract as changed Any contract entered into as a result of this bid may only be amended by a written amendment signed by the authorized agents of both parties. 16 OWNERSHIP AND USE OF DOCUMENTS 16.1 All documents, reports, bids, submittals, working papers or other material submitted to the County from the bidder shall become the sole and exclusive property of the County, in the public domain, and not the property of the bidder. The bidder shall not copyright, or cause to be copyrighted, any portion of any of said documents submitted to the County as a result of this solicitation. 17 LOW TIE BIDS: 17.1 Low tie bids 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 Low tie bids that remain after application of the statutory Oregon preference shall be awarded according to the following sequence: Preference shall be given to the bidder whose principal offices or headquarters are located in Oregon; If a tie still remains after applying the preference above, 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; If none of the tied bidders is located in Oregon, award of the contract shall be made by drawing lots. 6

9 GENERAL INSTRUCTIONS TO BIDDERS 18 ACCEPTANCE, REJECTION OR CANCELLATION OF AWARD 18.1 This solicitation does not commit the County to award a contract. Washington County reserves the right to cancel award of this 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 Acceptance of an offer is subject to budget approval and budgetary constraints. 19 BOARD OF COMMISSIONERS RIGHTS The Board of Commissioners expressly reserves the following rights: 19.1 To waive irregularities in the bids submitted To waive any or all bids or selected portions of bids submitted 19.3 To cancel the procurement or reject any bid or portions thereof in accordance with ORS 279B To base awards with due regard to price, delivery, compliance with specifications, and other such factors as may be necessary in the circumstances To make awards to any bidder whose bid, in the opinion of management and the Board, is the lowest responsible and responsive bid. 20 QUALIFICATIONS OF BIDDERS 20.1 Qualifications may be evaluated when determining award. Bidders may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature. The County reserves the right to investigate references and to consider the past performance of any bidder with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of services on schedule, and its lawful payment of employees and workers whether or not specifically listed by the bidder. 21 CRITERIA FOR AWARD OF CONTRACT 21.1 Award will be based on price, delivery, and compliance with specifications The County intends to award the bid to the lowest responsible bidder who has met all the requirements of the specifications, and who has not been debarred pursuant to the Washington County Purchasing Rules. 7

10 GENERAL INSTRUCTIONS TO BIDDERS 22 AWARD RECOMMENDATION 22.1 A notice of intent to award will be posted on the ORPIN web site at least seven (7) days before the award of the contract. See subsection 23 of this section for Protest of Award. 23 PROTEST OF AWARD AND JUDICIAL REVIEW OF CONTRACT AWARD 23.1 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 Delivery. A bidder must deliver a written protest to the Washington County Purchasing Supervisor within seven (7) days after issuance of the notice of intent to award the contract Content of Protest. A bidder s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2) The County shall not consider any protest against award based on the content of specifications County Response. The County shall not consider a bidder s contract award protest submitted after the timeline established for submitting such protest. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the County upholds the protest, in whole or in part, the County may at its sole discretion either award the contract to the successful protestor or cancel the procurement or solicitation 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 BIDDER RESPONSIBILITY 24.1 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 insert the words No Bid in the space provided for any item on which no price is submitted. The bidder further agrees to the following: 24.2 To examine all specifications and conditions thoroughly To comply with all Federal, State and County laws, ordinances, and rules. 8

11 GENERAL INSTRUCTIONS TO BIDDERS 24.4 To comply fully with specifications as attached for the agreed bid and/or contract To accept any claims, liens, and demands to indemnify the County and preserve harmless the County or the County s property during the entire time of equipment installation and/or contract duration To meet the highest standards prevalent in the industry or business most closely related to the goods or services of this bid. 25 PATENT OR FRANCHISE INFRINGEMENT 25.1 The bidder agrees to protect Washington County against all claims for patent or franchise infringement arising from the purchase, installation, or use of the material(s) ordered from this solicitation, and to assume all expense and damage arising from such claims. 26 WARRANTIES 26.1 The bidder warrants that all services and products furnished hereunder shall be merchantable and fit for the particular purpose as specified herein. All warranties assigned to the County by application of the uniform commercial code, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are expressly incorporated herein. 27 PURCHASING BY CONTRACTOR 27.1 Bidder shall make all purchases in its own name and not in any way attempt to bind the County in its contractual agreements. Delivery of merchandise to County facilities will be at bidder's risk and expense. 28 BID FILES 28.1 A completed bid file for this project shall be available, by appointment only, for public review at the Washington County Support Services Purchasing Division Office. Copies of material from the bid files, discloseable under the Oregon Public Records laws, may be obtained from the Washington County Purchasing Division upon payment of the current County fees for copies. 29 ORDER PLACEMENT 29.1 Blanket purchase orders will be issued for the term of the contract The County s Contract Administrator will provide to the contractor a list of employees authorized to place work orders. 9

12 GENERAL INSTRUCTIONS TO BIDDERS 29.3 The purchase order or contract reference should appear on all invoices, packing lists, packages, shipping notices, instruction manuals, and any correspondence Washington County reserves the right to cancel any un-shipped or uncompleted portion of this order. Time of delivery is part of the essence of the contract and the order is subject to cancellation for failure to deliver or perform on time Washington County is exempt from Federal Excise taxes. An exception certificate will be furnished upon request. 30 PAYMENT 30.1 Payment will be made upon submission and approval of invoices. 31 ASSIGNMENT TO THE COUNTY 31.1 By entering into this contract, the contractor irrevocably assigns to County any claim or cause of action which the contractor now has or which may accrue in the future, including, at County option, the right to control any such litigation, by reason of any violation of 15 USC or ORS or ORS , 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 this contract Contractor shall require any subcontractor to irrevocably assign to the 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 , ORS or ORS , including, at the County's option, 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 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: In advance, of its intention to commence any action on its own behalf regarding such claims or causes of action 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 pendency of such action; and 10

13 GENERAL INSTRUCTIONS TO BIDDERS 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 Furthermore, it is understood or agreed that in the event that any payment under any such claim is made to the contractor, it shall promptly pay over to the County its proportionate share thereof, if any, assigned to the County hereunder. 32 SUCCESSORS 32.1 All rights and obligations of bidder under this solicitation shall pass in total without modification to any successor regardless of the manner in which succession may occur. 33 ADDITIONS/DELETIONS 33.1 The County reserves the right to add or delete similar items specified in the contract as requirements changes during the period of the contract. Prices for items to be added to the contract will be mutually agreed to by Washington County and the contractor. 34 EMERGENCY PURCHASES 34.1 Under certain situations, the County may require immediate delivery and reserves the right to purchase any item covered by this contract from other sources if the contracted supplier is unable to supply the item in a timely manner as determined by the County. 35 CONTACT PERSONS 35.1 The contractor shall designate one or more person(s) responsible for the contractor s work under 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. 11

14 SPECIAL INSTRUCTIONS TO BIDDERS In addition to the General Instructions to Bidders, the following Special Instructions apply to this bid only. 36 GENERAL INFORMATION 36.1 Washington County is a political subdivision of the State of Oregon. It is located west of Portland, Oregon and extends to the Coast Mountains. The County seat of government and major facilities are located in Hillsboro, Oregon, approximately 20 miles from downtown Portland This requirements contract consists of inmate clothing and footwear For each item there is an estimated annual quantity. The County is not restricted to or limited by the estimated quantities listed. Approximate quantity does not constitute an order, but only implies the probable quantity the County may order The actual needs of the County in terms of variety and quantity may vary from that indicated in the sample listings. Items and quantities are given for the purpose comparing bids on a uniform basis and giving the bidder an approximate idea of usage by the County Preliminary results will be posted after the bid opening on ORPIN at 37 TIMEFRAME DATE ACTION September 7, 2012 County Issues Solicitation Documents Seven (7) calendar days before bid closing (5pm) Last Date to Protest Specifications Seven (7) calendar days before bid closing (5pm) Last Date to Submit Questions 11:00 AM, October 4, 2012 Bid Closing Date and Time Seven (7) days before Award of Contract Issue Notice of Intent to Award November 6, 2012 Award Recommendation submitted to the Board of Commissioners or the County Administrator s Office (Tentative) 36.1 The County reserves the right to modify the timeframe at the County's discretion. Proper notification of changes in the closing time and date will be made to all parties on the ORPIN Interested Parties list. 12

15 SPECIAL INSTRUCTIONS TO BIDDERS 37 CONTACT PERSON 37.1 Direct all questions regarding the meaning or intent of the solicitation documents in writing to the contact person Lenika Hutchens, Senior Administrative Specialist Fax: (503) Phone: (503) The person specified above is also the person authorized to receive the bids for this solicitation. 38 INTERPRETATIONS AND ADDENDA 38.1 Interpretations or clarifications considered necessary in response to any questions will be posted on ORPIN Only questions answered by formal written addenda will be binding. Oral and other interpretations will be without legal effect Questions received less than seven (7) calendar days prior to the date for the closing of bids may not be answered unless the County determines, in its sole discretion, it is in the County s best interest to do so Addenda may also be issued to modify the bid documents at the sole discretion of the County Each bidder shall be responsible to ascertain prior to submitting their bid that they have received all addenda issued and they shall acknowledge the receipt of such on their certification and contract offer. 39 BID SUBMISSION REQUIREMENTS 39.1 Submit a minimum of two (one original and one copy) sets of the response to this ITB to Lenika Hutchens, Senior Administrative Specialist at Washington County Purchasing Office at 155 N First Ave, Suite 270, MS 28, Hillsboro, Oregon To be considered each submittal shall contain the following: Signed and Dated Certification and Contract Offer Completed Bid Form Signed and Dated Insurance Requirements Certification Form Signed and Completed Sustainability Questionnaire 13

16 SPECIAL INSTRUCTIONS TO BIDDERS 40 AWARD CRITERIA 40.1 The award criteria will be: A. Price; B. Delivery; and C. Compliance with specifications 41 BID AWARD 41.1 Award will be to the lowest responsive, responsible bidder(s) The County reserves the right to reject any and/or all bids in whole or in part and to not make an award for any individual categories County reserves the right to award contracts by lump sum, individual line items or groups of items, whichever is determined solely by the County to be in the best interest of the County 41.4 The County reserves the right to award the categories separately or together whichever is in the best interest of the County. 42 REQUIREMENTS CONTRACT 42.1 The contract executed for this ITB will be a standard Washington County requirements contract document, which will incorporate terms and conditions from this bid document, as well as from the successful bidder s response. A sample requirements contract is included The maximum term of this contract shall not exceed three years This requirements contract(s) is expressly conditioned upon future appropriations by the Board of Commissioners to fund its provision, to the extent that performance and payment extends into the fiscal years subsequent to the year of award Any such requirements contract(s) may be terminated at any time by the County upon providing thirty (30) days advance written notice of such termination The estimated three-year expenditure for the requirements contracts resulting from this bid is $125,000. The County makes no guarantee regarding the actual amount to be purchased The contract administrator will be Tim Ellsworth. 43 PRICING 43.1 Bids shall include any special handling charges. 14

17 SPECIAL INSTRUCTIONS TO BIDDERS 43.2 Periodically during the contract period, invoiced prices will be audited to verify supplier compliance with contract pricing. 44 PRICE ADJUSTMENT 44.1 Revised Published Price Lists will be used as a means of price increases. However, all bids are to be firm for a period of 180 calendar days after the bid closing date and Revised Price Lists will not be accepted by the County until after that date. Revised Published Price Lists will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists by the manufacturer. Price adjustments will not be made for changes in freight Price increases will not become effective until revised list(s) are submitted to the County under contractor s cover letter identifying the applicable requirements contract number. Contractor cover letter and pricing list(s) must be dated, signed and submitted to the Contract Administrator at least thirty (30) days prior to the date the increase becomes effective. The County reserves the right to accept or reject any proposed changes in prices or discounts. If the price changes are accepted, they shall become effective upon completion of the contract amendment process If price increases are necessary, the County must receive the same or better percentage discount from list as was reflected in the original bid prices All price decreases and store specials shall be passed through in total to the County on the effective date of the price decrease The County reserves the right to determine the acceptability of price verification documentation. Increases shall apply to orders issued on or after the effective date of the increase request once approved by the County. In the event of price increases(s), the County reserves the right to audit contractor s books and records relating to cost or pricing data. 45 DELIVERY REQUIREMENTS 45.1 Prices bid shall be FOB destination and delivered as required, to Washington County Jail, 215 SW Adams Avenue, Hillsboro, Oregon (Gates #4, on Washington Street for deliveries) 45.2 Delivery should be within 30 days after receipt of County order. In the event that delivery cannot be made in this time frame, Contractor shall notify the County and provide an estimated delivery date. 15

18 SPECIAL INSTRUCTIONS TO BIDDERS 46 SUBSTITUTIONS 46.1 For purposes of this bid a brand name is used only to describe the quality and other characteristics of a product requested. Substitutions may be considered; however, they must, at a minimum, meet the same level of quality and performance as the product specified. The County reserves the right to make the final determination as to whether the proposed substitution will meet the County requirements The County reserves the right to make the final determination as to whether the proposed substitution will meet the County requirements. 47 SAMPLES 47.1 Low bidders will be required to submit samples for the items on which they are the low bidder upon notification from the County. Samples shall be received by the County no later than 5 business days after said notification in order for the items to be considered for award. If samples are not received by the 5 th business day, the County reserves the right to move on to the next lowest bidder Samples will be retained until award of bids. Successful bidders will have their samples retained until after receipt of first order Samples shall fully represent the quality of produced items that can be expected. All samples will be returned at bidder's expense, if requested. 48 INSURANCE 48.1 The insurance requirements for this contract are outlined in the Insurance Requirements Certification Form. The bidder must sign and return this form as part of their bid form packet. 16

19 SPECIFICATIONS 49 SHIRTS 49.1 Colors orange and gold oz twill - 65/35 poly/cotton blend, industrial laundry finished fabric 49.3 All seams to be 3 needle stitched 49.4 Slip-on, V- neck with continuous piping, raglan sleeve 49.5 All hems to be folded 2x's and lock-stitched 49.6 Cut XL and larger sizes an extra 4" longer 49.7 "Washington Co. Jail" stenciled in black across the upper back area 49.8 Color coded size tabs. 50 PANTS 50.1 Colors - green and white striped, orange, and gold oz twill 65/35 poly/cotton, industrial laundry finished fabric Slip on, 3 gauge, 1.5", industrial heat resistant elastic, folded under, then lock-stitched, not exposed on waist, with mock fly All seams to be 3 needle stitched, hems folded 2x's & lock stitched No stenciling required Color coded size tabs Inseams on all pants to be 29 inches. 51 JUMP SUITS 51.1 Colors - orange, lime green, and orange and white striped oz twill 65% polyester 35% combed cotton, industrial laundry grade fabric 51.3 All seams to be 3 needle stitched 17

20 SPECIFICATIONS 51.4 #24 brass snaps 51.5 Short raglan sleeves 51.6 All hems to be folded 2x's & lock-stitched 51.7 Six snap front to be six 24 ligne solid brass nickel guaranteed not to rust snaps to be the Universal SX Snap System Stainless steel snaps and grippers are not acceptable 51.8 Crotch to be 3 needle lock stitched and have 2 bar tacks 51.9 Lapel to extend to raglan sleeve seam and be bar tacked where the collar, lapel and raglan seam meet "Washington Co. Jail" stenciled in black across the upper back area Attach permanent, sewn-in, color coded size tags Provide size chart for jumpsuits. Chart must detail the range in inches for: Waist, Chest, Front Rise, and Back Rise for each size Front and Back Rise are to be measured from waist to the middle of crotch Inseam on all jumpsuits is to be 29 inches 52 T-SHIRTS 52.1 Color White % preshrunk cotton 52.3 Crew neck 52.4 No pockets 52.5 Short sleeved 52.6 Hanes, Fruit of the Loom, or equal 52.7 No irregulars or seconds 18

21 SPECIFICATIONS 53 SWEATSHIRTS 53.1 Hanes model P160 or equal 7.8 oz 50/50 cotton/poly blend pill resistant crew neck sweatshirt Colors - red and orange 53.3 Long raglan sleeve 53.4 "Inmate Worker" stenciled across the upper back area in fade resistant dye x1 ribbed neck, cuffs and waistband Cover seamed neck and armholes 53.7 Full cut 53.8 No irregulars or seconds 54 BOXERS 54.1 Color white 54.2 No button on fly /50 preshrunk, poly/cotton blend 54.4 No irregulars or seconds 55 WOMEN S UNDERPANTS 55.1 Color white % preshrunk cotton 55.3 Full cut with reinforced crotch 55.4 No irregulars or seconds 56 SPORTS BRAS 56.1 Color white % preshrunk cotton 19

22 SPECIFICATIONS 56.3 No irregulars or seconds 57 SOCKS 57.1 Color - white 57.2 Type - crew 57.3 Reinforced heel and toe 57.4 Hanes cushion crew or equal 57.5 No irregulars or seconds 58 LOW TOP CANVAS SHOE 58.1 Color orange 58.2 Heavy Weight, min 11 oz deck shoe 58.3 White rubber sole, with or without Toe Cap 59 X-STRAP SHOWER FLIP-FLOP 59.1 Wide X-Strap 59.2 Sole ½ Inch 59.3 Lightweight and Flexible 20

23 SAMPLE REQUIREMENTS CONTRACT REQUIREMENTS CONTRACT FOR GOODS PURCHASED by and between Washington County, Oregon and Requirements Contract Rev

24 REQUIREMENTS CONTRACT This contract is between Washington County, a political subdivision of the State of Oregon ( County ), and, Insert Contractor's Business Name, ( Contractor ). County and Contractor, in consideration of the mutual promises, terms and conditions provided herein, agree to the following: SECTION 1. PURPOSE OF CONTRACT 1.1 The purpose of this contract is to clarify the relationship between the County and the Contractor. The Contractor shall provide Insert Description of Goods or Reference an Attached Exhibit. In consideration for said goods, the County shall pay the Contractor in such manner as herein described. SECTION 2. CONSIDERATION 2.1 Pricing is per Attachment A. 2.2 The maximum amount payable under this contract is $Insert Dollar Amount; unless otherwise amended. 2.3 Unless otherwise stated in Attachment A, the payment terms are thirty days after invoice approval by the County Contract Administrator. SECTION 3. TERM OF CONTRACT 3.1. The effective date is:, or upon final signature, whichever is later The expiration date is:, unless otherwise amended Passage of the contract expiration date shall not extinguish or prejudice the County's right to enforce this contract with respect to any default or defect in performance that has not been cured. SECTION 4. CONTRACT DOCUMENTS/WHOLE CONTRACT 4.1 The following documents are incorporated into this contract: The solicitation # Insert Number, Contractor s response, Addenda and all modifications incorporated in any of the documents listed in Section Attachment C - Insurance Modifications 4.2 This contract is the complete and exclusive statement of the contract between the parties relevant to the purpose described above and supersedes all prior contracts or proposals, oral or written, and all other communications between the parties relating to the subject matter of this contract. No modification of this contract will be binding on either party except as a written addendum signed by an authorized agent of both parties. SECTION 5. INSURANCE 5.1 Insurance. Contractor shall provide insurance coverage and limits as described below. All insurance carried by Contractor must be primary to and non-contributory with any insurance, including any self-insurance or retentions carried by the County. A waiver of subrogation in favor of the County shall be required on General Liability, Workers Compensation and Automobile Liability coverage. Requirements Contract Rev

25 5.2 Workers Compensation Insurance. Contractor shall comply with ORS , which requires subject employers to provide Oregon workers compensation coverage for all their subject workers. No Workers Compensation Insurance has been or will be obtained by the County for Contractor or Contractor s employees and subcontractors. Contractor shall provide and maintain workers compensation coverage for its employees, officers, agents or partners as required by applicable workers compensation laws including employers liability with limits not less than $500,000/ $500,000/ $500, Commercial General Liability Insurance. Contractor shall at all times carry a Commercial General Liability insurance policy for at least $1,000,000 combined single limit per occurrence and at least $2,000,000 in the aggregate per project, for Bodily Injury, Property Damage, and Personal Injury. This insurance shall include contractual liability and products liability coverage for the indemnity provided under this contract. Additional Insured Endorsement: This Contract requires entering the premises for delivery into County facilities. An additional insured endorsement must be provided for the general liability insurance policy. The endorsement for General Liability Insurance must name Washington County, its agents, officers, elected officials and employees as additional insureds with respect to Contractor s services to be provided under this Contract. 5.4 The delivery of product is being done by vehicles owned by Contractor. Automobile Liability Insurance. Contractor shall at all times carry Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage for Contractor s vehicles, whether owned, hired, or non-owned, which includes coverage for Washington County, its agents, officers, elected officials and employees. Note: This insurance is not required if Contractor is delivering the products with a common carrier. 5.5 Maximum Deductible/Retention. Any deductible or retention must be disclosed on the certificate of insurance and no deductible or retention may exceed $25,000 without the prior written consent of the County. 5.6 Insurance Certificates. Contractor shall deliver to the County, prior to the execution of the contract, a certificate of insurance evidencing all policies required by this contract. Contractor shall advise the Contract Administrator within two business days of any substantive change of any insurance policy or endorsement. Failure to do so shall be construed to be a breach of contract. 5.7 Subcontractor Insurance. Contractor shall require and verify that all of its subcontractors of any tier provide insurance coverage and limits identical to the insurance required of the Contractor under this contract, unless this requirement is expressly modified or waived by the County. SECTION 6. WRITTEN NOTICE 6.1 Any notice of change, termination, or other communication having a material effect on this contract shall be upon the County Contract Administrator and the Contractor Contact Person and served in one of the following manners: a) In-person delivery; or b) deposited in the U.S. Mail under certified or registered handling, postage prepaid at the address specified herein. SECTION 7. THIRD PARTY BENEFICIARIES 7.1. 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, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. SECTION 8. GOVERNING LAW/VENUE/ATTORNEY FEES/REMEDIES CUMULATIVE 8.1 This contract shall be governed by the laws of the State of Oregon without regard to principles of conflict of law. Any claim, action suit or proceeding (collectively, claim ) between County and Requirements Contract Rev

26 Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Washington County, Oregon for the State of Oregon; provided, however, if a claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. The prevailing party shall be entitled to reasonable attorney fees and costs as awarded by the Court, including any incurred on appeal. 8.2 All rights and remedies of Washington 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 Washington County according to law. It is agreed that 15 calendar days shall constitute reasonable notice for the exercise of any right in the event that applicable law specifically requires such notice. SECTION 9. PUBLIC CONTRACTING STATUTES 9.1 All requirements of the Oregon Revised Statutes Nos. 279B.220 through 279B.235 and ORS 279C.500 through 279C.870, as applicable, are incorporated herein by reference. 9.2 The Contractor agrees to: a. Make payment promptly, as due, to all persons supplying, to the Contractor, labor or material for the prosecution of the work provided for in this contract; b. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the contract; c. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this contract; and d. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS SECTION 10. SEVERABILITY/ WAIVER 10.1 County and Contractor agree that, if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. The failure of either party to enforce any provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract. SECTION 11. INDEMNIFICATION AND HOLD HARMLESS 11.1 Contractor shall defend, indemnify and hold harmless the County, its agents, officers, elected officials and employees from and against all claims, demands and judgments (including attorney fees) made or recovered against them including, but not limited to, damages to real or tangible property or for bodily injury or death to any person, arising out of, or in connection with this contract, to the extent such damage, injury or death is caused or sustained in connection with the negligent performance or willful misconduct of Contractor, or its employee, agents or subcontractors. The County agrees to promptly notify Contractor in writing of any such claim or demand to indemnify and agrees to cooperate with Contractor in a reasonable manner to facilitate the defense of such claim. SECTION 12. NONDISCRIMINATION 12.1 No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this contract on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age or marital status. Any violation of this provision shall be Requirements Contract Rev

27 considered a material defect and shall be grounds for cancellation, termination or suspension in whole or in part by the County. SECTION 13. TERMINATION OF CONTRACT 13.1 This contract may be terminated by mutual consent of both parties Contractor may terminate this contract based upon a material default of the County; however, the Contractor must provide written notice to the County Contract Administrator and provide the County with thirty days to cure the default In the event the Board of Commissioners of Washington County reduces, changes, eliminates, or otherwise modifies the funding for this contract, or if funding from federal, state, or other sources is not obtained and continued at levels sufficient for the purchase of the indicated quantity of products, then the County may terminate this CONTRACT, in whole or in part, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, and the Contractor agrees to abide by any such decision In addition to its other rights to terminate, County may terminate this contract in whole or in part upon thirty days prior notice to the Contractor when it is determined to be in the best interests of the County. During this thirty-day period, Contractor shall wind down and cease its services as quickly and efficiently as possible, without delivering unnecessary goods and by minimizing negative effects on the County from such winding down and cessation of goods Time is of the essence in Contractor s performance of each and every obligation and duty under this contract. County, by written notice to Contractor, may at any time terminate the whole or any part of this contract for default if: a. Contractor fails to provide products called for by this contract within the time specified herein or any extension thereof; or b. Contractor fails to perform any of the other provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from the County, fails to correct such failures within seven calendar days or such other period as the County may authorize or require The rights and remedies of the County provided in this section, are not exclusive and are in addition to any other rights and remedies provided by law or under this contract If this contract is terminated under subsections 13.3 or 13.4, the County shall be liable only for payment in accordance with the terms of this contract for products satisfactorily provided prior to the effective date of termination. SECTION 14. SURVIVAL 14.1 The terms, conditions, representations, and all warranties contained in this contract shall survive the termination or expiration of this contract. SECTION 15. SUBCONTRACTS/ASSIGNMENT 15.1 Contractor shall not enter into any subcontracts for the provision of any of the products to be provided pursuant to this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the County The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. Requirements Contract Rev