This is a service / maintenance or supply contract in Lexington, Oregon. Contact the soliciting agency for additional information.

Morrow County Public Works is seeking to procure Sole Source Materials EBS-RA and EB-Prime for our upcoming Ambient Mix Paving Projects. This Public Notice is intended to allow suppliers the opportunity to review and submit protest to the Request for Sole Source Materials. Any protest should be submitted within seven days of this public notice to: Public Works Director Eric Imes @ eimes@co.morrow.or.us Scope of Work: Supplier shall furnish to Morrow County Public Works Ambient Mix Asphalt Emulsion as indicated below: o EBS-RA Approximately 2000 tons o EB-Prime Approximately 300 tons The product shall be delivered to various job sites at dates and times directed by Morrow County. Performance Requirements: Supplier shall furnish approximately 60 tons of EBS-RA for each day of paving. Supplier shall furnish EB-Prime as needed. Contract Award: A "Purchase of Supplies Contract" (Appendix A) will be executed by Morrow County Public Works and the vendor for EBS-RA and EB-Prime Sole Source Materials. Contract Documents: The contract documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. Appeal Process: Appeal of any decision(s) by Morrow County that are adverse to a potential supplier must be delivered in writing, within five (5) working days of the public notice, to the Morrow County Contract Review Board, which is composed of the Morrow County Board of Commissioners. Written appeals must include a concise statement of the complaint, setting forth all pertinent facts, citation to applicable law or authorities, and the relief requested. Contract Performance: Supplier shall meet with County staff and review the proposed work and schedule at least one week prior to the start date. Morrow County reserves the right to void the contract at any time due to unforeseen occurrences (weather, mechanical breakdowns, union strike, lack of funds, inferior workmanship, etc.) Payment: Liquid asphalt will be paid at the quoted unit price for product used and applied to the road surface only. Partial loads returned shall be measured and credited back to the County. Demurrage will be paid, if applicable, in accordance with SP-2. Any aspect of work not described by the specified pay items will be considered incidental to the specified pay items. Payment will be made by Morrow County upon approval by Morrow County Public Works of the received invoice(s) from Supplier. Morrow County Public Works will notify Supplier of any protest of charges included in invoice(s) which may not conform to these specifications. Additional Information and Requirements: Morrow County reserves the right to have quality control testing performed by a qualified third party test lab in the case of a performance issue. Samples may be taken from each load of asphalt and tested for compliance with specification requirements. Material not in compliance with the Standard Specifications and/or these contract specifications may be rejected by County. If testing reveals an out of compliance product after all or part of the product has been applied, the product represented by the tested sample may be rejected wholly or in part at the sole discretion of the County. Payment will not be made for rejected materials. Qualified third party test results shall supersede test results provided by the supplier in the case of a performance issue. Supplier may be asked to provide to Morrow County a copy of supplier's quality control test results for each batch of material manufactured. Stand-By-Time: Supplier shall furnish Morrow County a contract hourly price for stand-by-time ("demurrage") of the liquid asphalt transport trucks. This hourly price will cover stand-by time for transport trucks due to breakdown of County equipment, intermittent stoppage due to foreseeable weather, or similar circumstances. Supplier shall provide for a two hour period of time for the product to be off loaded from the transport trucks without incurring demurrage. Demurrage charges may apply for stand by time of a transport truck beginning at two hours after the arrival of the transport truck to the off load location, or the specified time, whichever is later. Demurrage will be assessed in half hour increments, rounded to the nearest quarter hour. Demurrage will not apply when transport trucks arrive early; arrive late; or overlap their staging due to numbers and/or scheduling that is not consistent with the specified progress of County's construction activities. Morrow County reserves the right to cancel this contract due to delays and loss of production due to mechanical failure, inadequate supply of asphalt, or other causes related to the Supplier's responsibilities. Force majeure will apply for either party where Acts of God or casus fortuitous beyond the control of County or Supplier's forces create the delays. In consideration of the covenants herein below set forth, ENVIROAD LLC., hereinafter referred to as "Contractor" and MORROW COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of Commissioners, hereinafter referred to as "County," mutually contract as follows: Effective Date and Duration: This contract shall become effective upon full execution of this contract through June 30, 2024. Unless earlier terminated or extended, this Contract shall expire on June 30, 2024. Expiration shall not extinguish or prejudice County's right to enforce this Contract with respect to any breach of a Contractor warranty; or any default or defect in Contractor performance that has not been cured.