Hood River County_MHTH Solar Plus Solar Microgrid Project_RFP~3.pdf

DESIGN/BUILD PUBLIC IMPROVEMENT CONTRACT

REQUEST FOR PROPOSAL (RFP)

Mt. Hood Town Hall Solar + Storage Energy System Construction

Issued By: Hood River County, 601 State Street, Hood River, OR 97031

Point of Contract (POC): Lindsay McClure, Mid-Columbia Economic Development District (MCEDD) Energy

& Project Manager lindsay@mcedd.org

Issue Date: June 26, 2025

Site Visit: July 22, 2025 at 10 a.m.

Questions Deadline: July 24, 2025, 3 p.m. PST

Response Date: August 12, 2025, 5 p.m. PST

Hood River County is issuing this RFP pursuant to its authority under both state law and Hood River County Administrative Code. The County is using the Request for Proposals method of procurement, pursuant to ORS 279C.365 and Hood River County Administrative Code 5.49.420.

Proposers shall direct all communications related to any provision of the RFP, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the POC identified in this RFP.

No proposal will be considered unless fully completed in a manner provided in the packet. Proposals will not be accepted after the stated due date and time. Any proposal received after closing time not be considered.

The County may reject any proposal not in compliance with this RFP or not in compliance with public proposal submission procedures at its sole discretion.

Proposers must register with Hood River County by providing an email address to the POC above to receive answers to questions sent in the form of addendums. Acknowledgment of receipt of all addendums is a requirement of proposal submission.

PUBLISHED State of Oregon – OregonBuys Platform Hood River County’s website

Columbia Gorge News

TABLE OF CONTENTS

Introduction 3

Scope of Work 4

Submittal Instructions 7

Proposal Content and Format 10

Proposal Evaluation and Contract Award Procedures 13

Appendix A: Business Statement 16

Appendix B: Acknowledgement of Addenda 17

Appendix C: Design Build Public Improvement Contract

Appendix D: Mt Hood Town Hall – Feasibility Report

Section 1 Introduction

Project summary Hood River County (County) has issued this Request for Proposals (RFP) to obtain firm fixed price proposals for full-scope design-build services for a solar plus storage microgrid. The goal of this project is to construct a resilient on-site solar plus storage system to support facility operations during a power outage, offset operating costs, enhance sustainability, and support the Mt. Hood Towne Hall Association (MHTHA)’s mission to “create and maintain a thriving community center while preserving the historic Mt. Hood Town Hall.”

The system must provide power to the larger grid system when operating under everyday circumstances. When required, due to an emergency event, the system must island itself from the grid system and continue to provide power to the location. Funding for the complete scope has been authorized by the County and includes grant funding from Oregon Department of Energy.

Ownership model The microgrid will be located at Mt. Hood Town Hall, a beloved community center. Mt. Hood Town Hall is owned by the County and leased long term by MHTHA. MHTHA is a non-profit that operates the facility. MHTHA is responsible for the ongoing maintenance and upkeep of the facility and will be responsible for operating and maintaining the microgrid.

The County, with input from MHTHA and other project partners, will select a solar energy developer and enter into a contract and a long-term project operations and maintenance (“O&M”) contract with either the Proposer or a third-party provider of solar O&M services. The County will own the system from its construction.

Background Hood River County is susceptible to an array of hazards including fires, ice storms, earthquakes, high temperatures, and high winds that are increasing in frequency and severity. These events commonly correspond with power outages, which amplify threats to health, safety, and other essential services by disrupting community lifelines. Mt. Hood Town Hall has been identified through a County and Hood River County Energy Council (Energy Council) process as a critical facility that supports the community. This process strategically identified critical facilities located throughout the County with the goal of ensuring that each community and neighborhood has a nearby resource center. The site of this planning project, Mt. Hood Town Hall, was identified as a resource center that primarily serves the Upper Hood River Valley.

Mt. Hood Town Hall is a community gathering place, recycling center, community meals distribution hub, music and special events venue, provides classrooms to a local middle school, and home to community fitness and education classes. The building is ADA accessible and has a commercial kitchen and showers. It’s currently used as a relief center during emergencies and a location that supports community health by hosting vaccine clinics.

Section 2 Scope of Work

Project Description The scope of the project engineering, procurement, and construction contract shall include all components and tasks that are necessary to design, build, and deploy a turn-key microgrid system that meets the County’s goals, objectives, and requirements, based on the conceptual design included in Appendix D: ‘Mt Hood Town Hall –Feasibility Report’.

Project Location The project will be located at the following location:

Mt. Hood Town Hall

6575 OR-35

Mt. Hood, OR 97041

45.53904111014629, -121.56697461704147

Project Schedule Construction must begin before December 20, 2025 and must be completed by December 20, 2027.

Project Objectives:

I. Install solar photovoltaic (PV) system II. Install battery energy storage system (BESS) III. Install and integrate microgrid controls, DER controls, and load controls IV. Complete electrical infrastructure reconfiguration and upgrades V. Interconnect, test, permit, and commission microgrid

Further detail on each objective is provided in the following sections.

I. Install solar photovoltaic (PV) system

The Proposer shall complete all tasks necessary to design, engineer, install, and deploy a new solar PV system that is approximately 55 kW; however, we are open to some variation in size based on design.

The Proposer shall be responsible for all aspects of design, engineering, permitting, interconnection, procurement, installation, commissioning, deployment, etc. for this PV system, incorporating preliminary design provided by the County.

The Proposer shall work with project partners to develop visual renderings to help the community understand the aesthetic impacts of the system.

II. Install battery energy storage system (BESS)

Battery energy storage capacity shall be the primary grid-forming resource. Assuming optimal BESS state of charge (SoC) at the outset of microgrid islanding, as well as application of appropriate load-control protocols, storage resources shall be specified to provide power and energy capacity of approximately 60 kW / 307.2 kWh.

The Proposer shall be responsible for all aspects of design, engineering, permitting, interconnection, procurement, installation, commissioning, and deployment of this BESS.

III. Install and integrate microgrid controls, DER controls, and load controls

The Proposer shall complete all tasks necessary to design, engineer, install, and configure all communications, telemetry, controls, and human interfaces required to manage and execute all microgrid functions. The microgrid controls and resources shall be integrated to support automatic islanding of the microgrid during grid outages, including integration of onsite DERs (both electric supply and controllable loads).

Preferred control solutions will be capable of automatically managing a seamless transition between grid-connected and islanded states, assuming sufficient onsite power at the time of an outage, with no loss of electricity at any of the facilities served by the microgrid.

The Proposer scope shall include developing secure communication and control protocols and human operator interface systems for monitoring and managing all microgrid subsystems. The Proposer scope shall include producing a Microgrid System Integration and Control Manual (the “Microgrid Control Manual”), describing the microgrid control systems, subsystems (e.g., DER and load management controls), and human interface systems, how they are integrated for interoperation, and all onsite user control and data retrieval processes.

IV. Complete electrical infrastructure reconfiguration and upgrades

Currently, the system is served by Hood River Electric and Internet Coop via a single phase (120/240V, 3W) distribution line. The proposed budget must include estimates of costs related to onsite distribution and interconnection.

The Proposer scope of responsibility shall include all interconnection, protection, and safety systems, including microgrid-integrated automatic transfer switch (ATS) and other switching systems as required to support stable transitions to and from island-mode operations. Preferred systems will support seamless transitions and automatic resynchronization and reconnection to the utility distribution system when utility power is restored.

The Proposer shall be responsible for all aspects of design, engineering, permitting, procurement, installation, and commissioning for microgrid infrastructure, including all required electrical and communications cables and other electrical infrastructure.

V. Interconnect, test, commission, and provide usage documentation for microgrid

The Proposer shall coordinate and perform all tasks required to obtain interconnection approval from Hood River Electric and Internet Coop, install and test interconnection protection and control systems, verify the safety and code compliance of installed systems, test and validate the system’s performance, and commission the system for ongoing operations.

Proposers shall provide a site-plan with their proposal, which shows the location of the solar PV array(s), inverter(s), point of interconnection (POI) and the electric service location on the property, along with the route of conductors for interconnection per utility application requirements.

Commissioning shall include providing a complete operations and maintenance (O&M) manual, and training to enable MHTHA and County staff to perform required operational tasks and routine maintenance.

Section 3 Technology and Equipment Standards

State Standards The Proposer shall follow all required standards provided by the State, including the statewide building codes under IBC 2021. All work and products must conform to state standards.

PV Modules PV modules shall be commercial off-the-shelf products that conform to the UL 1703 standard.

PV modules shall have a 25-year limited warranty that modules will generate no less than 80% of rated output under standard testing conditions (STC). PV modules that do not satisfy this warranty condition within the Performance Guarantee period shall be replaced.

Inverters Inverters shall be commercial off-the-shelf products that conform to the UL 1741 and IEEE 1547 standards.

Note: Different utilities have different requirements for the invertors and other technologies that can be used and connected to the grid. Proposer will communicate with Hood River Electric and Internet Coop to understand all pertinent information.

The inverter shall have at a minimum the following features:

• UL/ETL listed

• Peak efficiency of 96% or higher

• Inverter shall have operational indicators of performance and have built-in data acquisition and remote monitoring

• The inverter shall be capable of parallel operation with the existing AC power. Each inverter shall automatically synchronize its output waveform with that of the Electric Distribution Company upon restoration of power.

Racking Racking systems shall be designed and implemented to conform to the UL 2703 standard.

Monitoring system The system shall include a web-based monitoring system showing system performance that can be accessed by the MHTHA. Data shall be available both in real time and historical data.

The Proposer shall provide networking equipment, engineering, programming, wiring, and software to allow remote connection to the County’s local area network.

Solar Canopies

• The solar panels will be mounted on PowerShingle, Polar Racking, Terrasmart, Baja or similar solar canopies that will be located in the paved play area.

• The solar canopies should be in the 12 – 14 ft. height range, depending on design details.

• We expect the soil to be Parkdale stony loam down to 5 ft. or deeper.

• Bids should include a water runoff management plan.

• Solar canopies should provide adequate rain shelter.

Section 4 Submittal Instructions

Solicitation Timeline

June 26, 2025 Advertisement and Release of RFP July 22, 2025 at 10 a.m. Site Visit July 24, 2025 at 3 p.m. Deadline for Questions July 29, 2025 by 5 p.m. Answers to Questions issued as RFP addendum August 12, 2025 by 5 p.m. Deadline for Submission of Proposals August 25-29, 2025 Invitation Only Interviews By September 5, 2025 Negotiation of Contract September 15, 2025 Award of Contract September 29, 2025 Tentative Kickoff Meeting

1. General By submitting a proposal, the Proposer certifies that the proposal has been arrived at independently and submitted without any collusion designed to limit competition. The County retains sole discretion in determining the award of an Agreement and reserves the right to reject all Proposals. The County also reserves the right to change, cancel, or reissue this RFP at any time.

Furthermore, the RFP does not obligate the County to accept or contract for any expressed or implied services. The successful Proposer must comply with local, state, and federal requirements regarding equal opportunity and employment practices.

The successful Proposer must complete this RFP in full to be considered and be qualified to conduct business in the State of Oregon.

2. Site Visit A voluntary Site Visit for prospective Proposers is scheduled for 10 a.m. on Tuesday, July 22, 2025.

All interested proposers will meet at Mt. Hood Town Hall for a walk through the system site and possible interconnection routes. Statements made by the County’s representative, Mt. Hood Town Hall’s representative, or the project manager at the site visit do not change the Solicitation Document unless the County confirms such statements with a written Addendum to the Solicitation Document.

3. Proposal Submittal The proposal and all amendments must be signed and submitted no later than 5:00 p.m. local time, Tuesday, August 12, 2025, to the email address below.

All proposals should be single-spaced in no less than 11-point font with no less than 1" margins in an electronic format that permits faithful reproduction and printing, such as in PDF format, and submitted to the following address: lindsay@mcedd.org. Proposals sent by mail or facsimile will not be accepted.

Proposals will be opened at the bid submission deadline. Proposals submitted after the designated time or to the incorrect e-mail address will not be considered in the selection process.

All submissions are considered public documents unless there is data or information that is confidential due to its proprietary nature. Contractors must identify specifically those portions of their proposal that is confidential, if any, or contains confidential information. Any data or information considered confidential must be clearly marked “Confidential” and provided to the extent possible in a separate file and clearly marked in the file name that the contents are confidential.

Proposals may be modified or withdrawn by writing to the same e-mail address provided as the submission addresses prior to the Proposal Due Date. After the Proposal Due Date, no modifications will be permitted. Contractors may withdraw a proposal after the Proposal Due Date only upon submittal of a formal written notice to MCEDD Energy & Project Manager Lindsay McClure at the submission e-mail address provided. Withdrawal of any proposal is immediately final, and Contractor will be disqualified from the performance of any work related to the Project.

The proposal, to be considered a valid proposal, must be signed by a principal officer or owner of the business entity that is submitting the proposal. Such a signature constitutes the Proposer’s representation that it has read, understood and fully accepted every provision of this RFP unless an exception is described above.

4. Protests Potential Proposers who believe that the RFP is unnecessarily restrictive or limits competition may submit a protest in writing to Lindsay McClure, MCEDD Energy & Project Manager. A protest shall include the reasons for the protest, the basis under the appropriate referenced sections of the OAR/ORS, and suggested modifications that are believed to be necessary to remove the unnecessary restrictions to allow open competition. To be considered, a protest must be submitted within ten (10) calendar days of issuance of the RFP. MCEDD’s Energy & Project Manager shall respond to any protest and, if necessary, shall issue any appropriate revisions to the RFP and will post these revisions as an Addendum to the RFP.

All protests are required to be directed to Lindsay McClure, MCEDD Energy & Project Manager, by email to lindsay@mcedd.org.

If a protest is received in accordance with the section above, the proposal opening date may be extended if necessary, to allow consideration of the protest and issuance of any necessary addenda to the proposal documents.

5. Proposal Submission and Signing All requested forms and attachments (Business Statement, Acknowledgment Addenda) must be submitted with the proposal and in the required format.

6. Cost of Preparing a Proposal The RFP does not commit the County to pay any costs incurred by the Proposer in the submission or presentation of a proposal or in making the necessary proposal for the preparation thereof.

7. Interpretations and Clarifications All questions regarding this RFP shall be directed to Lindsay McClure at lindsay@mcedd.org. If necessary, interpretations or clarifications in response to such questions will be made by issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing, but in no case less than 72 hours before the proposed closing. If an addendum is necessary after that time, the County, at its discretion, can extend the closing date.

Potential Proposers should register with Hood River County to receive any issued addenda.

Proposers can register by sending an e-mail indicating their interest in the solicitation to lindsay@mcedd.org.

Proposers should provide an e-mail address where addenda may be sent.

Addenda issued must be acknowledged by the recipient by submitting the filled out "Acknowledgment of Addenda" as a part of the proposal. Only information provided in Addenda will be binding upon the County.

8. County's Project Manager

The County's Project Manager for this work will be Lindsay McClure, MCEDD Energy & Project Manager.

9. Proposal Validity Period Submitted proposals shall be valid and cannot be voluntarily withdrawn for a period of thirty (30) calendar days from the Proposal Opening Date.

10. Public Record All bid material submitted by the Proposer shall become the property of the County and is public record unless otherwise specified. A bid that contains any information that is considered a trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. Confidential information or trade secrets cannot include any price information which has been submitted as a part of the proposal and open to public disclosure.

Section 5 Proposal Content and Format

A. Format To provide consistency in the review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. All proposals should be single-spaced in no less than 11-point font with no less than 1" margins in an electronic format that permits faithful reproduction and printing, such as in PDF format, and submitted to the following address:

lindsay@mcedd.org. Proposals sent by mail or facsimile will not be accepted.

B. Title Page The Proposer should identify the RFP title, name, and title of the Proposer's contact person, address, telephone number, e-mail address, and submission date.

C. Transmittal Letter The transmittal letter should be no more than two (2) pages long and should include as a minimum the following:

1. A brief statement of the Proposer's understanding of the services to be performed;

2. Names of persons authorized to represent the Proposer, their title, email address, and telephone number (if different from the individual who signs the transmittal letter).

D. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted.

E. Firm and Project Team Qualifications

1. Identification of the individuals comprising the team assigned to this contract and what specific role each will take in completing the work, including a description of their qualifications and proof of licensing. Hood River County reserves the right to approve final project team members.

2. Names and qualifications of any outside consultants and associates that will be employed to assist on this project.

3. Your current and past experience as it relates to the Scope of Work, as defined under Section 2. Where applicable, include a list of similar engagements completed on behalf of other local government agencies. Sample work products, including reports, are encouraged.

F. Technical Details

1. Proposed Solar Installation Information

• Solar Modules

• Solar Inverters

• Racking System

• Other Hardware

• Web Based Monitoring System

• If available, please include cut sheets for all the above as exhibits

2. Proposed Battery Installation Information

• Battery Modules

• Other Hardware

3. Proposed System Design

• Recommended system size

• Recommended system locations for both modules and inverters

• Dimensions of the system and estimated required area

• Route to interconnect with existing system

• Please include electrical and site-plan drawings showing system design and layout and interconnection route

4. Proposed System Performance

• System output (kWh)

• Annual output de-rate factor

• Performance guarantee

• Please include copies of PVWatts, Helioscope, or other modeling software generation report

5. Proposed Project Construction Budget

• Attach an excel file with a detailed breakdown of costs

• Pricing for a turnkey, installed system in both $/W and dollars

6. Proposed Construction Schedule

• Provide a proposed project schedule that includes the major project milestones listed below. For each milestone, show the projected milestone completion date (expressed as number of weeks following contract execution). The Proposed Project Schedule is to include the following milestones:

o Contract execution o Final project design / Applications for interconnection and permits filed o Equipment ordered o Notice to Proceed with Construction o Mechanical completion o System commissioning o Permission to operate/ Place in service

7. Proposed Workmanship Guarantee and Operations and Maintenance Service Contract

• Proposed Workmanship Guarantee

• Proposed Operation and Maintenance Service Contract with Mt. Hood Town Hall

Association

G. Prevailing Wage This project meets the definition of a public works project as defined by ORS 279C.800(6)(a) and OAR 839-025-0004(25)(a) and is therefore subject to Oregon’s Prevailing Wage Law. No proposal will be received unless the proposal contains a statement that the proposer will comply with the requirements of ORS 279C. 800 to 279C.870. Contractors must pay the applicable prevailing wage rate and comply with all Oregon Bureau of Labor and Industries “BOLI” requirements pursuant to Prevailing Wage Law, including all contracts and subcontracts and in filing separate work bonds with the Construction Contractor’s Board, unless exempt under ORS 279C.836 and OAR 839-025- 0015. This project will be subject to the April 5, 2025 BOLI Prevailing Wage Rates Amendments, available here: https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx

H. Professional Qualifications No proposal will be considered unless the proposer is registered with the Construction Contractors Board, as specified in OAR 137-049-0230, and is an Oregon licensed design professional or discloses that it is not an Oregon licensed design professional and identifies an Oregon licensed design professional(s) who will provide design services, as specified in OAR 137- 049-0670(5).

I. Public Works Bond No proposal will be received unless the proposal contains a statement that the proposer, in accordance with ORS 279C.830(3) and before starting work on the Project, shall file a $30,000 Public Works Bond with the Oregon Construction Contractors Board. Contract will include a requirement in every subcontract which requires the subcontractor to file a $30,000 Public Works Bond with the Oregon Construction Contractors Board in accordance with ORS 279C(3)(b) and before starting work on the project.

J. Drug Testing Certification According to ORS 279C.505(2), the Proposer must demonstrate that it has established a drug-testing program for its employees.

https://www.oregon.gov/boli/employers/pages/prevailing-wage-rates.aspx

K. Resident Bidder Bid must identify whether the bidder is a resident bidder as defined in ORS 279A.120

L. First-Tier Subcontractor Disclosure According to ORS 279C.370, the Proposer must disclose the following information about any subcontract either in its Proposal submission or within four hours after RFP closing:

(1) The subcontractor's name,

(2) The category of work that the subcontractor would be performing, and

(3) The dollar value of the subcontract.

If the Proposer will not be using any subcontractors that are subject to the above disclosure requirements, the Proposer is required to indicate that in the Proposal.

M. Disputes Should any doubt or difference of opinion arise between the County and a Proposer as to the items to be furnished hereunder or the interpretation of this RFP’s provisions, the decision of the County shall be final and binding upon all parties.

N. County Personnel No Officer, agent, consultant, or employee of the County shall be permitted any interest in the contract.

O. Completion of Attached Forms Please complete the following:

Appendix A: Business Statement Appendix B: Acknowledgement of addenda (if any) Appendix C: Acknowledgement of Contract Frist Tier Subcontractor Disclosure Form Public Works Bond Form Employee Drug Testing Certification Form

P. Acceptance of Contract Terms The Proposer is responsible for knowing and understanding the terms and conditions included in or applicable to this RFP. By signing and submitting a Proposal, Proposer acknowledges acceptance of and agrees to be bound by the terms and conditions of the contract, as shown in Appendix C, attached hereto and incorporated herein by reference.

Section 6 Proposal Evaluation and Contract Award Procedures

A. Scoring Process

A selection committee will review the written proposals. Proposals will be evaluated to determine which best meet the County’s needs. Evaluations will be conducted in accordance with the following:

Evaluation Criteria Weight

Proposal submitted on time and complete Pass/Fail

Understanding of the Scope of Work and general approach to the project

20 pts

Experience with projects of similar complexity and function 25 pts

Cost competitiveness 25 pts

Equipment proposed 15 pts

Qualifications of the Proposer’s staff assigned to the project 15 pts

Total 100 pts

The County reserves the right to invite top Proposers to interview with the selection team. This will provide an opportunity to clarify or elaborate on the proposal. The project manager will schedule the time and location and notify the selected firms.

B. Inquiries of References The County reserves the right to investigate references and the past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers.

C. Clarification of Proposals The County reserves the right to obtain clarification of any point regarding a proposal to obtain additional information necessary for evaluation. Failure of a Proposer to respond to such a request for additional information or clarification could result in their disqualification for selection.

D. Negotiations with Top Ranked Firm Upon reviewing the proposals submitted, the County will enter negotiations with the top-ranked firms. If the County and the top-ranked firm are unable after good faith negotiations to agree to a price, the County will move to the second-ranked firm and enter negotiations. The process shall repeat until either the County and a firm come to an agreed-upon price, or the County determines the project infeasible and elects to re-scope and re-solicit the work.

E. Proposals Rejection The County reserves the right to take the following actions:

1. Reject any or all proposals not in compliance with public procedures and requirements;

2. Reject any proposal not meeting the requirements set forth herein;

3. Waive any irregularities in proposals submitted;

4. Reject all proposals;

5. Award any or all parts of a proposal; and request references and other data to determine responsiveness.

F. Opening of Proposal There will be no public opening of proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Intent-to-Award Notification is issued. However, the County will record and make available the identity of all Proposers after the opening.

Appendix A: Business Statement

1. Name of Business:

2. Business Address:

3. Phone: Email:

4. Business Classification (Check all that apply)

Individual Partnership Corporation Women or Minority Owned

5. Name of Owner:

6. Can firm meet insurance requirements specified in example professional services agreement (Appendix C)

Yes No

7. Are there claims that are pending against this insurance policy?

Yes: No:

If yes, attached explanation

8. During the past five years, has the firm, business, or any officer in the firm or business, been involved in any (1) bond forfeiture, (2) litigation personally involving the firm, business or any officer in the firm or business (other than dissolution of marriage), or (3) claims filed with any insurance carrier concerning the firm, business, or any officer in the firm or with any insurance carrier concerning the firm, business, or any officer in the firm or business?

9. Has company been in bankruptcy, reorganization or receivership in last five years?

10. Has company been disqualified or terminated by any public agency?

11. Proposal offers shall be good and valid for at least 60 days. Failure to concur with this condition may result in rejection of the offer. Does the firm accept this condition?

Having carefully examined all the documents of the solicitation, including the instruction, the undersigned proposes to perform all work in strict compliance with the above-named documents, as well as in compliance with all submitted proposal information accepts all the terms and conditions contained in the sample professional services agreement template (Attachment C)

Authorized Signature: Print Name:

Appendix B: Acknowledgement of addenda (if any)

Project Title: Mt. Hood Town Hall Solar + Storage Energy System Construction

Close:

I/We have received the following addenda (If none received, write “None Received”):

1. 2.

3. 4.

Date

Signature of Respondent

Design-Build Contract Mt. Hood Town Hall Solar Plus Storage Microgrid

DESIGN-BUILD CONTRACT (ORS 279C)

BY AND BETWEEN

HOOD RIVER COUNTY AND

This Agreement is made and entered into by and between HOOD RIVER COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as "Owner" or “County”, and , hereinafter referred to as "Contractor," for the Mt. Hood Town Hall Solar Plus Storage Microgrid.

WITNESSETH:

IT IS HEREBY AGREED by and between the parties above-mentioned for and in consideration of the mutual promises hereinafter stated as follows:

1. Effective Date/Completion Date. This Agreement will be effective when it has been executed by both Owner and Contractor, however, Contractor shall not commence work on the Project until Contractor has received a notice to proceed from the County’s Representative. The Project shall be completed according to the schedule for completion set forth in the Contract Documents. The deadline for substantial completion shall be December 6, 2027. The deadline for final completion shall be December 20, 2027. All time limits stated in the contract documents are of the essence of this Agreement. Notwithstanding the provisions for contract time extensions in the General Conditions, the Contractor and County agree that timely completion of the work is essential to the success of the Project and approval for time extensions shall be only a last resort. Both parties agree to make every effort to recover “lost time”. The completion dates may be amended only by written agreement of the parties.

2. Exhibits. The following exhibits are attached hereto and are incorporated herein by this reference:

Exhibit A- Request for Proposals Exhibit B- Contractor’s Proposal Exhibit C- General Conditions Exhibit D- Bond Forms

Together with this construction contract, the foregoing documents constitute the Contract Documents.

3. Contractor's Services.

3.1. Contractor agrees to provide the services described in the Request for

Proposals which is attached hereto as Exhibit A and is incorporated herein by this reference.

3.2. Contractor agrees to provide the services listed in Contractor’s Proposal which is attached hereto as Exhibit B and is incorporated herein by this reference.

3.3. Contractor shall provide the services in the manner provided for in the General

Conditions which are attached hereto as Exhibit C and are incorporated herein by this reference.

3.4. Contractor shall comply with the April 5, 2025, Prevailing Wage Rates for

Public Works Contracts in Oregon, which may be accessed at:

http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx.

4. Contract Documents. The Contract Documents listed at Section 4.1 below are intended to reflect the Parties’ understanding of their respective rights and responsibilities concerning completion of the Work under the Agreement.

4.1. Interpretation. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the following order:

4.1.1. All written modifications, amendments and change orders to this Agreement that have been executed by Owner following any required Owner approvals;

4.1.2. This Agreement, and all Exhibits, Schedules and Attachments to this

Contract, including Exhibit D, Special Conditions;

4.1.3. The General Conditions (Exhibit C hereto);

4.1.4. All design and construction drawings, Plans, Specifications and documents prepared and approved for the Project;

4.1.5. The RFP (Exhibit A hereto);

4.1.6. Contractors Proposal submitted in response to the RFP (Exhibit B hereto).

4.2. Ownership of Work Product. All drawings, Plans, Specifications, audits, reports, and other work product required to be delivered by Contractor under this Contract ("Work Product") shall be the exclusive property of Owner. Owner and Contractor intend that such Work Product be deemed “work made for hire.” If for any reason the Work Product is not deemed “work made for hire,” Contractor hereby irrevocably assigns to Owner all of its right, title and interest in and to any and all of the Work Product, whether arising from copyright, or any state or federal intellectual property law or doctrine. Contractor shall execute such further documents and instruments as Owner may reasonably request in order to fully vest such rights in Owner. Contractor forever waives http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC §106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.

4.3. Contractor, notwithstanding other conditions in this Section 4, shall have, with

Owner’s written permission, the right to utilize such Work Product on its brochures or other literature that it may utilize for marketing and sales, and in addition, Contractor may use standard line drawings, specifications and calculations on other unrelated projects.

4.4. If Owner reuses or modifies the Work Product without Contractor's involvement or prior written consent, Owner shall to the extent permitted by Article XI, Section 7, of the Oregon Constitution and by the Oregon Tort Claims Act, indemnify Contractor against liability for damage to person or property arising from Owner’s reuse or modification of the Work Product, provided Owner shall not be required to indemnify Contractor for any such liability arising out of or related to the wrongful or negligent acts of Contractor or Contractor's employees or agents.

5. Consideration. Owner shall pay Contractor a fee for service in the amount of

_________________________, said amount to be the complete compensation to Contractor for the services performed under this Agreement. Unless otherwise state herein or agreed to in writing by the parties, payment shall be made upon completion of the project. This Agreement is subject to the appropriation of funds by Owner, and/or the receipt of funds from state and federal sources. In the event sufficient funds shall not be appropriated, and/or received, by Owner for the payment of consideration required to be paid under this Agreement, Owner may terminate this Agreement in whole or in part without penalty in accordance with Section 26 of this Agreement.

6. Contract Representatives. Contract representatives for this Agreement shall be:

FOR COUNTY FOR CONTRACTOR

Bronte Dod, Grants Manager [Name, Title] 601 State Street [Business Address] Hood River, OR 97031 [Phone Number] 541-386-1301 [Email Address] bronte.dod@hoodrivercounty.gov

All correspondence shall be sent to the above addressees when written notification is necessary. The Contractor understands and agrees that only the Owner’s Contract Representative is authorized to give Contractor work authorizations, issue written approvals and notices to proceed. If any work is done by Contractor without mailto:bronte.dod@hoodrivercounty.gov prior written authorization by the Owner’s Contract Representative, the Owner will not be obligated to pay for such work. Contract representatives can be changed by providing written notice to the other party at the address listed.

7. Permits; Licenses; Bonds; Qualifications. Unless otherwise specified, Contractor shall procure all permits, licenses and bonds, pay all charges and fees and give all notices necessary for performance of this Agreement prior to commencement of work. Contractor, by entering into this Agreement represents, that all personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a skilled and workmanlike manner and, if required to be registered, licensed or bonded by the state of Oregon, are so registered, licensed or bonded.

8. Compliance with Codes and Standards. Contractor shall at all times observe and comply with all federal and state laws, administrative rules and regulations issued thereunder, and with all applicable ordinances, and building, health and sanitation laws and codes. Contractor shall engage in no activity which creates an actual conflict of interest or violates the Code of Ethics as provided by ORS Chapter 244.

9. Reports.

9.1. Contractor shall provide Owner’s Contract Representative with periodic reports about the progress of the project as requested by Owner.

9.2. Within 90 days of the completion of the project, the Contractor will provide to the Owner one reproducible set of as-built drawings based on mark-ups by the Contractor, which are reviewed for general conformance by the Contractor and appropriate consultants. In addition, Contractor will provide to the Owner digital copies of AutoCAD formatted construction documents and MS Word formatted specifications in CD-ROM format.

10. Guarantee. Contractor guarantees all work under this Agreement against all defects in materials and workmanship. This guarantee shall extend from the date of completion by the Owner for the period of a minimum of one year, or longer, if so specified in the Contract Documents. Contractor shall promptly make all necessary repairs or replacements to correct any defects in workmanship or materials for which notice in writing has been sent to the Contractor from the Owner’s Contract Representative within the guarantee period. In the event Contractor fails to take any action to correct conditions covered by this guarantee promptly after notice of such condition, Owner may do so, and Contractor and its surety shall be liable for the cost thereof. Normal wear and tear and the results of accidents not chargeable to Contractor or its agents are excepted from the above requirements.

11. Qualified Work. By signing this Agreement, Contractor represents that all personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a skilled and workmanlike manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed or bonded.

12. Independent Contractor. Contractor is engaged hereby as an independent contractor and shall not be considered an employee, agent, partner, joint venturer or representative of Owner for any purpose whatsoever. Owner does not have the right of direction or control over the manner in which Contractor delivers services under this Agreement and does not exercise any control over the activities of the Contractor, except the services must be performed in a manner that is consistent with the terms of this Agreement. Owner shall have no obligation with respect to Contractor’s debts or any other liabilities of Contractor. Contractor shall be responsible for furnishing all equipment necessary for the performance of the services required herein. In addition:

12.1. Contractor will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement.

12.2. This Agreement is not intended to entitle Contractor to any benefits generally granted to Owner’s employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, social security, workers' compensation, unemployment compensation, or retirement benefits (except insofar as benefits are otherwise required by law if the Contractor is presently a member of the Public Employees Retirement System).

12.3. The Contractor is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. If the Contractor has the assistance of other persons in the performance of the Agreement, the Contractor shall qualify and remain qualified for the term of this Agreement as a carrier-insured or self-insured employer under ORS

656.407. If the Contractor performs this Agreement without the assistance of any other person, unless otherwise agreed to by the parties, Contractor shall apply for and obtain workers' compensation insurance for itself as a sole proprietor under ORS 656.128.

13. Statutory Provisions. Pursuant to the requirements of ORS 279C.500 through

279C.530 and Article XI, Section 10 of the Oregon Constitution, the following terms and conditions are made a part of this Agreement:

13.1. Contractor shall:

13.1.1. Make payment promptly, as due, to all persons supplying to Contractor labor or material for the performance of the work provided for in this Agreement. [ORS 279C.505 (1)(a)]

13.1.2. Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or any subcontractor incurred in the performance of this Agreement. [ORS 279C.505 (1)(b)]

13.1.3. Not permit any lien or claim to be filed or prosecuted against County on account of any labor or material furnished. [ORS 279C.505 (1)(c)]

13.1.4. Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. [ORS 279C.505 (1)(d)]

13.1.5. Demonstrate that an employee drug testing program is in place. [ORS 279C.505 (2)]

13.2. If Contractor fails, neglects or refuses to pay promptly a person’s claim for labor or services that the person provides to Contractor or a subcontractor in connection with this Agreement as the claim becomes due, the proper officer that represents County may pay the amount of the claim to the person that provides the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of this Agreement.

The County reserves the right to make payments directly or by multiple-payee check payments. Upon County’s request, Contractor shall furnish to County the information required to facilitate such payments with each application for payment, including (1) names, addresses, and telephone numbers of persons making any such claim for labor, equipment, services or material, and (2) a complete listing of outstanding amounts owed to all such persons. [ORS 279C.515 (1)]

13.3. If Contractor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within 30 days after receiving payment from the contracting agency or a contractor, the contractor or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived. [ORS 279C.515 (2)]

13.4. If the Contractor or a subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with this Agreement, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

[ORS 279C.515 (3)]

13.5. The County paying a claim in the manner authorized in this paragraph shall not relieve the Contractor or the Contractor’s surety from obligation with respect to an unpaid claim.

13.6. Contractor may not employ an employee for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires otherwise, and in such cases, except in cases of contracts for personal services as defined in ORS 279C.100, Contractor shall pay the employee at least time and a half pay for:

13.6.1. All overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or [ORS 279C.520 (1)(a)(A)(i)]

13.6.2. All overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and [ORS 279C.520 (1)(a)(A)(ii)]

13.6.3. All work the employee performs on Saturday and on any legal holiday specified in ORS 279C.540. [ORS 279C.520 (1)(a)(B)]

Contractor shall comply with the prohibition set forth in ORS 652.220, that compliance is a material element of the contract and that a failure to comply is a breach that entitles the contracting agency to terminate the contract for cause.

[ORS 279C.520 (1)(b)]

Contractor may not prohibit any of contractor’s employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person. [ORS 279C.520 (1)(c)]

Contractor and any employer under this Agreement shall give notice in writing to employees who work on this Agreement, either at the time of hire or before work begins on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week, that Contractor may require the employees to work, along with the prevailing wage rate information and any fringe benefit information. If Contractor fails to give written notice of the workers’ schedule, the work schedule will be presumed to be a five-day schedule. The schedule may only be changed if the change is intended to be permanent and is not designed to evade the Prevailing Wage Rate overtime requirement. [ORS 279C.520 (2)]

13.7. When Contractor or subcontractor provides for or contributes to a health and welfare plan or a pension plan, or both, for contractor or subcontractor’s employees who are working under this Agreement, Contractor shall post a notice describing the plan and containing information on how and where to make claims and where to make further information. The notice must be posted in a conspicuous and accessible place at the work site, preferably in the same location as the prevailing wage rates. [ORS 279C.840 (5)]

13.8. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and…