City of Roseburg Public Works Department – Engineering Division 900 SE Douglas Avenue Roseburg, Oregon 97470

REQUEST FOR QUALIFICATIONS

FOR

CONSULTING SERVICES

RFQ NO. PW-26-01, WATER SYSTEM MASTER PLAN

ISSUE DATE: November 7, 2025

SUBMISSION DUE DATE: December 18, 2025, 2:00 P.M. (Pacific Time)

Public Works Director ……………………………………………………………... Ryan Herinckx City Engineer………………………………………………………………… Daryn Anderson, P.E.

Project Engineer……………………………………………………………… Jesten Brenner, P.E.

For More information regarding the Request for Qualifications, email info@roseburgor.gov

PW-26-01, Water Master Plan Request for Qualifications

CITY OF ROSEBURG

REQUEST FOR QUALIFICATIONS FOR

ENGINEERING SERVICES - RFQ NO. PW-26-01

GENERAL REQUIREMENTS AND INSTRUCTIONS TO PROPOSERS

1. GENERAL INFORMATION. These general requirements and instructions have been written to describe the development of a Water System Master Plan for the City of Roseburg, more particularly described in the Request for Qualifications (RFQ) Exhibit “C” for Water System Master Plan development.

This RFQ is intended to provide interested persons (herein referred to as Proposers) with sufficient information to prepare and submit Statement of Qualifications (SOQ) for consideration by the City. It is the City’s intent to select the most advantageous SOQ based on the evaluation criteria set forth in this RFQ.

The City will use a procurement and selection method based upon competitive procedures for qualifications based selection (QBS). Responses to this RFQ will be reviewed, scored, and ranked according to the criteria defined herein, and in accordance with Oregon Administrative Rules 137-048-0220. The most qualified proposers from the initial review will be asked to provide a pricing proposal for a secondary review and subsequent scoring. The secondary review and scoring will account for 15% of the total review score.

The City reserves the right to reject any and all SOQs received as a result of this RFQ prior to the execution of a contract upon a finding that it is in the public interest to do so.

Preparation and submission of a SOQ is at the Proposer’s sole risk and expense.

SOQs and all accompanying documents will become the property of the City and will not be returned. See Section 15 of this RFQ, entitled “Public Records”.

This RFQ contains and incorporates the following:

Exhibit “A” SOQ Form Exhibit “B” Contract for Engineering Services, including City’s Standard Contract Provisions Exhibit “C” Description of Services Exhibit “D” Minimum Qualifications Exhibit “E” Evaluation Criteria

2. FORM OF SOQ. SOQs are to be based on and submitted in accordance with the instructions contained in this RFQ. The City may change these instructions at any time prior to the Solicitation Closing by addendum as provided in Section 6 of this RFQ.

Proposers are responsible for responding to all addenda.

3. POINT OF CONTACT. The City Manager’s office is the point of contact for this RFQ. With the exception of questions relating to technical aspects of the services to be provided (see following Section 4), all correspondence pertaining to this RFQ should be directed to Amy Nytes, City Recorder, 900 S.E. Douglas Avenue, Roseburg, OR 97470 or info@roseburgor.gov. The City Manager’s Office may be contacted by calling 541- 492-6866.

4. TECHNICAL CLARIFICATIONS, REQUESTS FOR CHANGES. Questions regarding specific technical aspects of the service requested by this RFQ or seeking clarification concerning this RFQ may be directed to Project Engineer Jesten Brenner PE, or City Engineer, Daryn Anderson PE, by calling 541-492-6730. No oral clarification will be binding on the City. The City will be bound only by this RFQ and any written addendum issued hereunder.

Requests for changes to this RFQ, including requests for changes in any of the exhibits to this RFQ must be submitted in writing to the City Recorder not later than ten calendar days prior to the date of the Solicitation Closing. The request must include a statement of the requested changes and the reason therefore. The request shall be marked as a “Request of Change in RFQ” and specify the RFQ Number set forth in the caption to this RFQ. Written request may be delivered by mail or by confirmed e-mail. The City will respond to all written requests for changes, in writing, within five days of receipt of such request.

If inquiries, comments or requests for changes raise issues that require clarification or a modification to this RFQ, the clarification or modification will be made by written addendum as provided in Section 6 of this RFQ.

5. SCHEDULE OF EVENTS. The following schedule of events shall be followed for this RFQ.

Solicitation Starting Date (RFQ Available) November 07, 2025 Last Date for Addenda to be issued: December 12, 2025 Submission of Written Submittals Due by: December 18, 2025, 2:00 p.m.

RFQ Review Period December 19 - 31, 2025 Short List Announcement; Request Pricing Proposals January 05, 2026 Pricing Proposals Due By: January 16, 2026, 2:00 p.m.

Pricing Proposals Review Period January 17 - 30, 2026 Interviews (as needed) February 02 - 05, 2026 Completion of Evaluation February 06, 2026 Public Works Commission Approval February 12, 2026 Notice of Intent to Award February 13, 2026 City Council Approval February 23, 2026 Notice of Award February 24, 2026

If the City receives a request for change or protest from a Proposer in accordance with the instructions in this RFQ, the City may extend the Solicitation Closing date as necessary to consider whether to issue an addendum. The City also reserves the right to delay any of the dates set forth above, if it is determined to be in the best public interest to do so. The addendum shall become effective upon execution by the City.

6. ADDENDUM TO THE REQUEST FOR QUALIFICATIONS. In the event it becomes necessary to revise any part of this RFQ prior to the Solicitation Closing, an addendum will be provided to all Proposers who have requested and received a copy of this RFQ. Receipt of an addendum must be acknowledged by signing and returning the document with the SOQ. Proposers may protest requirements of this RFQ by submitting a request for change, in accordance with Section 4 of this RFQ. No addendum will be issued less than four (4) business days prior to the date of the Solicitation Closing.

7. FORMAT OF SUBMITTAL. SOQs must contain the information specified in Section 8 of this RFQ. SOQs must be submitted with the SOQ form cover sheet attached hereto as RFQ Exhibit “A.” A SOQ should provide a concise description of the Proposer’s ability to satisfy the requirement of this RFQ, and the contract attached hereto as Exhibit “B”, along with the City’s Standard Contract Provisions attached as an exhibit to such contract. The length of the SOQ shall not exceed 50 pages excluding the provided SOQ form cover sheet.

8. CONTENT OF SUBMITTAL. SOQs should demonstrate that the Proposer can furnish the services in a manner that will be cost effective for the City. Those Qualification Submittals which do not contain all information required by this RFQ or are otherwise non-responsive may be rejected immediately; however, the City has discretion to accept a SOQ that does not conform with all RFQ requirements if the City determines that the non-conformance is not substantial or material. If a SOQ is unclear, or appears inadequate, at the City’s discretion, the Proposer may be given an opportunity to explain how the SOQ complies with the RFQ. The City also has discretion to permit a Proposer to correct a typographical error or other minor mistake or oversight in its SOQ. Qualification Submittals should contain at least the following items:

8.1 SOQ Form. The SOQ form, attached hereto as RFQ Exhibit “A” must be fully completed, submitted and duly executed by the authorized representative of the Proposer, and include the following:

The Proposer’s business name, address, telephone number, e-mail address and federal tax identification number;

The Proposer’s legal form of entity (sole proprietor, corporation, LLC, etc.)

and, if applicable, state of incorporation or organization and main office address;

Name(s) and title(s) of person(s) authorized to submit the SOQ and to execute the contract.

8.2 Firm Qualifications and Experience. Proposers should provide a generalized description of the range of relevant activities performed by the proposed team members and shall:

Describe resources available to perform the work for the duration of the project and other on-going projects;

Based on your firm’s expertise with similar projects, demonstrate how your firm will effectively complete the proposed project.

Describe similar plans developed or services performed within the last five

(5) years which best characterize your firm’s capabilities, work quality and cost control.

For each project mentioned, include the name, and contract information of the person who could provide information about your performance.

Describe firm’s internal procedures and / or policies associated or related to work quality and cost control.

Describe firm’s management and organizational capabilities.

Prior City experience with Proposer will be considered.

8.3 Project Understanding and Approach. Provide details on the approach and methodology for the performance of the scope of services including descriptions for the following:

A clear and concise understanding of the overall project and its objectives.

Proposer’s approach to overall management and integration of all activities required by the scope of services including the management objectives and techniques that demonstrate how the work requirements will be met.

Development of a preliminary work plan that outlines the schedule, tasks, and work products as described in exhibit “C”.

Identify points of input and review with City staff. Include an explanation of how a collaborative relationship will be established and best method for communication and included needs or specific regulatory requirements and significant issues and concerns.

Provide in-depth information about hydraulic modelling, including, but not limited to: program used, design criteria, information needed, calibration, and proposed field work Describe work that will be sub-contracted.

Provided a project schedule for the proposed scope work and how to manage the project to control costs to meet budget requirements.

8.4 Key Personnel, Team and Project Management. The SOQ shall identify the project team and state the full capabilities of the team relevant to the project at hand.

Describe the proposed project manager’s experience on past similar projects and explain the project manager’s approach to schedule budget, scope, and change management.

Provide current workloads of the project ream and available resources with location of those resources.

Identify the project manager and other key personnel; included resumes for the key project team members.

List any proposed sub-consultants and provide their expertise and other projects your firm has worked together on.

9. DELIVERY OF QUALIFICATION SUBMITTALS. In order to be considered, the sealed paper submittal or electronic submittal must arrive at the City Manager’s Office before the time and date of the Solicitation Closing as described in this RFQ.

Paper SOQs must be submitted in sealed envelopes clearly marked with the RFQ number shown in the caption of this RFQ and the time and date of the Solicitation Closing. Proposers who mail SOQs should allow extra mail delivery time to ensure timely receipt of their SOQs.

Electronic submittals must be sent to the attention of Amy Nytes, City Recorder by emailing bids@roseburgor.gov by the time and date of the Solicitation Closing.

SOQs received after the Solicitation Closing will not be considered and will be returned unopened to the Proposer.

10. SUBMISSION AND WITHDRAWAL OF SOQS. Proposers may modify or withdraw their SOQs at any time prior to the Solicitation Closing by providing a written request for modification or withdrawal to the City Manager’s office. Requests for withdrawal of SOQs will not be accepted after the Solicitation Closing. A Proposer may also withdraw its SOQ in person prior to the Solicitation Closing, upon presentation of appropriate identification and satisfactory evidence of authority to the City Recorder. The City Recorder shall obtain the signature of the person making the withdrawal.

By submitting its SOQ, the Proposer certifies that it has read and accepts all terms, conditions and requirements of this RFQ, including the terms and conditions of the form of contract in RFQ exhibit “B”, and that if Proposer refuses to execute the contract after award, the City will be entitled to seek compensation for its damages, which may include the cost of conducting a new solicitation. All SOQs shall be irrevocable for a period of 60 days from the closing of solicitation.

11. OPENING OF SOQS. SOQs received in response to this RFQ will be opened publicly, either in person or virtually, by the City Recorder or designee, immediately after the Solicitation Closing in the City’s administrative offices located at 900 S.E. Douglas Street, Roseburg Oregon or virtually. If opened virtually, a link will be published on the City’s website at https://www.cityofroseburg.org/bidding no less than 24 hours prior to the opening date and time. The names and addresses of all Proposers will be announced and recorded by the City Recorder. No other information will be made available at that time.

12. MINIMUM QUALIFICATIONS REQUIRED. SOQs must indicate how the Proposer satisfies the minimum qualifications set forth in RFQ Exhibit “D”.

13. EVALUATION. The City will evaluate the SOQs in two phases per OAR137-048- 0220(3)(c).

13.1 Initial Evaluation. The initial phase of the evaluation will be qualifications based. The City will evaluate the SOQs submitted per the evaluation criteria and rating scheme set forth in Section 8 and Exhibit “E”. A score ranging from 0 to 85 points will be given to each submittal that meets the minimum submission guidelines.

13.2 Secondary Evaluation. After the initial qualification evaluation, the City will proceed with a secondary evaluation and will invite up to three (3) of the highest ranked Proposers (short-list) to submit a cost proposal for Master Plan development. Pricing proposal shall be formatted to provide pricing information for the sections of the report as presented in Exhibit “C” of this RFQ. An example breakdown of the report structure, City provided cost estimate, and preliminary level of effort per section, by percentage, will be provided to the proposers on the short list.

This secondary cost proposal should include the hourly rates of those assigned to the tasks/sections, the amount of hours per task/section per position, and the overall resultant cost. The proposal must meet all conditions as stated in ORS 279C.110(5)(c)(A) and (B). Proposers will also be asked to provide an estimate for the program / license for the City to access and use the hydraulic model developed as part of the master plan development. Estimates shall include programming licenses costs, system training resources, possible outside sources required, and other usual costs.

The cumulative cost, rate schedule, and amount of effort (hours), and modeling cost estimate will be reviewed and up to an additional 15 points will be added to the Proposers’ initial review score.

The information and scope provided in the secondary cost evaluation may not be the final cost/scope of project if that Proposer is selected. The City reserves the option to:

Adjust the scope of the plan during negotiations per Section 18 of this RFQ

OR;

Proceed with the scope and cost as submitted.

13.3 Interviews. The City may ask for interviews with the Proposers who supplied the cost proposals if the City determines that an interview would help the City better evaluate the SOW/ Proposals. An additional 20 points may be awarded to the Proposers based on the interview performance.

13.4 Selection Committee The City's review and selection committee shall consist of no fewer than three (3) qualified individuals and shall not favor any particular Proposer. Reviewer qualifications will follow the requirements set forth in OAR137-048-0220(3)(d).

13.4 Cancelation. Nothing in this RFQ shall restrict or prohibit the City from canceling the solicitation at any time in accordance with OAR137-048-0250.

14. SELECTION PROCESS. The City will select the SOQ deemed most beneficial to the City based on its evaluation process. The Proposer that has the highest overall score after the initial evaluation, the secondary cost proposal evaluation, and interviews (if held) will be selected.

The Notice of the intent to award will be given to all bidders stating the City’s selection intentions after the City’s Public Works Commission decision. Unless award of a contract is delayed by the City, a written notice of award, specifying the date of selection, will be made not later than the first business day following City Council Approval. Final award will depend upon the execution of an acceptable contract and delivery of evidence of insurance, if required, and may be withdrawn by the City at any time prior to execution of the contract by the City. The selected SOQ will also need approval from the City of Roseburg’s Public Works Commission and City Council.

15. PUBLIC RECORDS. This RFQ and each original SOQ received in response to it, together with copies of documents pertaining to the award of a contract shall be kept on file as a public record by the City; provided, however, such records shall not be disclosed until after the Notice of Intent to Award the contract has been issued.

16. RECORDS REVIEW; CONFIDENTIALITY. After Notice of Intent to Award the resulting contract has been issued, all SOQs shall be available for public inspection except for those portions of a SOQ that the Proposer designates in its SOQ as trade secrets or as confidential proprietary data in accordance with applicable state law. If the City determines such designation is not in accordance with applicable law, the City shall make those portions available for public inspection. The Proposer shall separate information designated as confidential from other non-confidential information at the time of submitting its SOQ. Prices, makes, model or catalog numbers of items offered, scheduled delivery dates, and terms of payment are not confidential, and shall be publicly available regardless of a Proposer’s designation to the contrary.

17. PROTEST OF PROPOSER SELECTION, CONTRACT AWARD.

17.1 Purpose. An adversely affected or aggrieved Proposer may seek administrative review of the City's selection of a Proposer or contract award decision as outlined in this Section.

17.2 Notice of Intent to Award Contract. The City will provide written notice to all Proposers of the City's intent to award the contract. The City's Notice or intent to award shall not be final until the later of the following:

a. seven (7) days after the date on which the notice is mailed or otherwise transmitted; or

b. The City provides a written response to all timely-filed protests that denies the protest and affirms the award.

17.3 Right to Protest Award.

17.3.1 An adversely affected or aggrieved Proposer may submit to the City a written protest of the City's intent to award within seven days after issuance of the notice of intent to award the Contract.

17.3.2 The Proposer's protest shall be in writing and must specify the grounds upon which the protest is based.

17.3.3 A Proposer is adversely affected or aggrieved only if the Proposer is eligible for award of the Contract as the responsible Proposer submitting the best responsive SOQ and is next in line for award, i.e., the protesting Proposer must claim that all higher-scored Proposers are ineligible for award:

a. because their SOQs were non-responsive; or

b. the City committed a substantial violation of a provision in the

RFQ or of an applicable procurement statute or administrative rule, and the protestor was unfairly evaluated and would have, but for such substantial violation, been the responsible Proposer offering the highest-ranked SOQ.

17.3.4 The City shall not consider a protest submitted after the time period provided in this RFQ.

17.4 Authority to Resolve Protests. The City Manager has the authority to settle or resolve a written protest submitted in accordance with the requirements of this rule.

17.5 Decision. If a protest is not settled, the City Manager, or the City Manager’s designee, shall promptly issue a written decision on the protest.

18. EXECUTION OF CONTRACT. The Proposer selected by the City to provide the requested services will be expected to deliver its proof of all required insurance, and to enter into a written engineering services contract. A sample contract is attached as Exhibit “B”. The City also reserves the right to negotiate the scope of the work to be performed as a part of this contract.

18.1 The matters subject to negotiation shall be limited to the following:

a. Scope of Services, however, the City may not negotiate a contract price less favorable to the City than the provided Cost Proposal provided.

EXHIBIT “A”

RFQ NO. PW-26-01

SOQ FORM

Legal Business Name:__________________________________________________

Form and State of Organization:__________________________________________

Main Office Address:___________________________________________________

Telephone Number: ____________________________________________________ e-mail address: _______________________________________________________

Tax Identification Number:______________________________________________

Years in Business: ____________________________________________________

Addendums Acknowledged:_____________________________________________

Representation, Covenant and Warranty of Undersigned and Proposer

By signing this SOQ, the undersigned makes the following representations and warranties:

1. That it is the duly authorized representative of the Proposer for all purposes relative to the submission of this SOQ.

2. That this SOQ constitutes the Proposer’s offer to enter into a contract with the City and, if accepted by the City, will be binding and enforceable against the Proposer.

By causing this SOQ to be executed by the undersigned and delivered to the City, the Proposer makes the following representations and warranties:

1. Proposer has read and understands the terms and conditions contained in the

RFQ, had the opportunity to protest any term or condition that it found unacceptable and to seek clarification of any term or condition that it does not understand, and it accepts and agrees to be bound by the terms and conditions of the RFQ, including, but not limited to the contract conditions.

2. Proposer has not discriminated against minority, women, disabled veterans or emerging small business enterprises in obtaining any required subcontracts.

3. Proposer has not been listed by the Oregon Contractor’s Board or the Oregon Department of Administrative Services as a person disqualified or ineligible to bid on or perform work under public contracts.

4. Proposer agrees to meet all requirements contained in the RFQ if it is selected to provide the services requested by this RFQ.

Authorized Signature: ________________________________________________

Print Name and Title: ________________________________________________

Date of Signature: _____________________________________________________

EXHIBIT “B”

CITY OF ROSEBURG

“EXAMPLE” CONTRACT FOR ENGINEERING SERVICES

Dated: ______________________________

Parties: City of Roseburg (“CITY”) A municipal corporation in the State of Oregon 900 SE Douglas Avenue Roseburg, OR 97470 and

[Name of Company] (“CONTRACTOR”)

Additional Independent Contractor Information:

A. Type of Entity: Sole Proprietorship Partnership Limited Liability Company Corporation B. Address:

C. Telephone:

D. Fax No:

E. Email:

F. Professional License Number G. Oregon Agency Issuing License H. Nonresident Contractor: Yes No (Nonresident means not domiciled in or registered to do business in Oregon)

SECTION 1. CONTRACTOR AGREES:

1.1 Term. Beginning Sample time-frame and continuing thereafter until Sample termination, CONTRACTOR shall perform the services required by this Contract unless earlier terminated in accordance with the provisions of this contract or by mutual consent of the parties

1.2 Activities. As outlined in the Exhibit “C” and as negotiated.

1.3 Fees. Determined after contract is negotiated with selected Proposer

1.4 Expenditures. Extraordinary unbudgeted expenditures, from contracted funds, outside the scope of the work program may be made by CONTRACTOR only with the prior written approval of CITY's City Manager. CONTRACTOR shall promptly pay all expenses it incurs as a result of this Contract and shall comply with all provisions of state law applicable to this Contract.

1.5 Insurance Requirements. At all times during the term of this Contract, at the sole expense of the CONTRACTOR, CONTRACTOR shall maintain continuously in effect the insurance policies described herein. Each policy shall be written as a primary policy, not contributing with or in excess of any coverage the CITY may carry. A copy of each policy or a certificate, and copies of additional insured endorsements, satisfactory to the CITY shall be delivered to the CITY prior to commencement of any work or services provided under this Contract. The certificates shall specify and document all insurance-related provisions within this Contract. A renewal certificate will be sent to the CITY 10 days prior to coverage expiration. Unless specified, each policy shall be written on an “occurrence” form. Policies must be underwritten by an insurance company deemed acceptable to the CITY and admitted to do business in Oregon, or, in the alternative, rated A- or better by AM Best. The CITY reserves the right to reject any insurance carrier with an unacceptable financial rating. There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY.

The 30-day notice of cancellation provision must be physically endorsed on the policy. In the event the statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased above the combined single limits specified in this Contract, CITY shall have the right to require CONTRACTOR to increase the CONTRACTOR’s coverage by an amount equal to the increase in the statutory limit for such claims and to increase the aggregate coverage by twice the amount of the increase in the statutory limit. Failure to maintain any insurance coverage required by this Contract shall be cause for immediate termination of the Contract by the CITY, but termination shall not relieve CONTRACTOR of its obligation to provide and maintain such coverage, and CITY shall be entitled to enforce all liability and indemnity provisions of this Contract following such termination. In addition, all requirements concerning insurance and indemnity shall survive the termination of this Contract. The policy must show the City as an additional insured with respect to activities emanating out of the contract with the following language included: “The City of Roseburg, its officers, directors and employees shall be added as additional insureds with respects to this contract. Insured coverage is primary and non-contributory”.

1.5.1 Commercial General Liability. Throughout the term of this Contract, CONTRACTOR shall maintain continuously in a broad commercial general liability insurance policy with coverage of not less than $2,000,000 combined single limit per occurrence, with an aggregate of $4,000,000, for bodily injury, personal injury or property damage. The policy shall also contain an endorsement naming the CITY as an additional insured, on a form satisfactory to CITY, and expressly provide that the interest of the CITY shall not be affected by CONTRACTOR’s breach of policy provisions. Such policy must be maintained in full force and effect for the duration of this Contract, failure to do so shall be cause for immediate termination of this Contract by CITY. Any additional insured requirements included in this Contract shall both provide completed operations coverage after job completion and coverage that is primary and non-contributory. Claims Made policies will not be accepted.

1.5.2 Automobile Liability Insurance. At all times during the term of this Contract, and at the sole expense of CONTRACTOR, CONTRACTOR shall maintain “Symbol 1” automobile liability coverage including coverage for all owned, hired and non-owned vehicles, equivalent to a combined single limit per occurrence on not less than $2,000,000 for bodily injury or property damage.

1.5.3 Professional Liability Insurance. At all times during the term of this

Contract, CONTRACTOR shall maintain and keep in full force, an insurance policy for professional liability in the amount of $2,000,000. In no instance shall CITY be responsible for any retention amount or deductible that CONTRACTOR may owe as a result of this coverage. CONTRACTOR shall continue professional liability coverage for the duration of the project and three years thereafter; and further, submit certificate of Insurance renewals of such coverage to the CITY.

1.6 Books and Records. CONTRACTOR shall keep complete and proper books, records and accounts of all transactions performed as part of this Contract and the approved invoices and work program. The books, records and accounts shall be open to inspection by CITY or its designee during normal business hours, and shall remain open to CITY for such inspection for three months following termination of this Contract.

1.7 Availability. CONTRACTOR shall be available for meetings, discussions and program reviews with sufficient notice.

1.8 Assignment. The responsibility for performing CONTRACTOR's services under the terms of this Contract shall not be assigned, transferred, delegated or otherwise referred by CONTRACTOR to a third person without the prior written consent of CITY.

1.9 Compliance with Law and Standard Contract Provisions. CONTRACTOR shall comply with all federal, state and local laws, including Roseburg Municipal Code Regulations relating to business registration, and with all Standard City Contract Provisions as outlined in the attached Exhibit "A".

1.10 Health Hazard Notification. If CONTRACTOR is hired to perform work for the CITY involving the need to control hazardous energy or enter confined spaces will be informed of the CITY’s programs and the associated hazards that CITY is aware of. The notification is not designed to take over the CONTRACTOR's safety responsibilities to his or her employees, but to provide appropriate notification under the Oregon OSHA rules.

SECTION 2. CITY AGREES:

2.1 Fee. In consideration for the above-described services, CITY agrees to pay CONTRACTOR a flat fee in the amount of _________________. The Contractor may elect to receive payments directly to their bank account by completing the attached Vendor Automatic Payment Authorization form.

2.2 Terms of Payment. On or about _____________, CITY shall pay to CONTRACTOR the sum of ___________ and ____________ monthly thereafter until the flat fee of _________________ is paid in full. CONTRACTOR will tender an invoice by the tenth of each month, and CITY shall make full payment on such invoice within thirty days of its receipt.

SECTION 3. BOTH PARTIES AGREE:

3.1 Budget and Work Plan Approval. All approved invoices and work programs shall be in writing.

3.2 Independent Contractor. CONTRACTOR is an independent contractor.

CONTRACTOR shall control the manner in which it performs the services herein, however, the nature of the services and the results to be achieved shall be specified by CITY. CONTRACTOR is not to be deemed an employee or agent of CITY and has no authority to make any binding commitments on behalf of CITY except as expressly approved by CITY's City Manager.

3.3 Indemnification. Each party shall indemnify, hold harmless and defend the other, its officials, agents and employees, from and against any and all claims, damages, losses and expenses, including attorney fees, arising in or from its performance of, or failure to perform, this Contract. The extent of the CITY's obligation under this subsection is limited to the CITY's obligation under the Oregon Constitution and ORS 30.260 through 30.300.

With respect to professional liability claims, CONTRACTOR to indemnify CITY to the extent caused by the CONTRACTOR’S negligent acts, errors or omissions.

3.4 Arbitration. Any controversy regarding the language or performance of this Contract shall be submitted to arbitration. Either party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within 15 days from the giving of notice, each party shall within five days select a person to represent the party and the two representatives shall immediately select an impartial third person to complete a three-member arbitration panel. If either party fails to select its representative, the other party may petition the Chief Judge of the Circuit Court of Douglas County for designation of the representative. The arbitration shall be conducted in accordance with ORS 36.400 through 36.425 or the provisions of any such future law. The arbitrator(s) shall assess all or part of the costs of arbitration, including attorney fees, to either or both parties.

3.5 Attorney Fees. If any arbitration, administrative proceeding, action, or appeal thereon, is instituted in connection with any controversy arising out of this Contract, performance of this Contract or failure to perform this Contract, the prevailing party shall be entitled to recover, in addition to costs and disbursements, such sum as the court may adjudge reasonable as attorney fees.

3.6 Ownership and Use of Documents. In whatever form they may be produced or stored, any documents prepared in performance of this Contract and any supporting and investigative information that is gathered in the performance of this Contract, upon completion of the work, or upon termination of this Contract, shall be and remain the property of CITY and shall be subject to copyright by CITY at its sole discretion.

CONTRACTOR shall be permitted to retain copies, including reproducible copies, of such documents. CONTRACTOR shall treat such documents as if CITY had secured a copyright thereon, and thus will not use the documents in a manner that would constitute copyright infringement. CITY may use the documents prepared hereunder for any purpose, however CONTRACTOR shall have no liability with regard to such documents to the extent they are used or applied outside of the scope of the work unless CONTRACTOR is consulted and offers a professional opinion that the use contemplated is appropriate.

3.7 Termination. Notwithstanding any other provision of this Contract to the contrary, CITY may terminate this Contract at any time by giving written notice to CONTRACTOR at least ten days in advance of such termination. Written notice shall be effective upon the date the written notice is actually given to CONTRACTOR. In the event of such termination, compensation shall be based on the services actually performed by CONTRACTOR to the date of termination. If compensation is a total sum, the amount shall be prorated based on the tasks actually performed as of the date of termination.

3.8 Notices. Any notice required to be given under this Contract, or required by law, shall be in writing and delivered to the parties at the following addresses:

CITY OF ROSEBURG Enter Contractor's Name and City Manager Mailing Address 900 SE Douglas Roseburg, OR 97470

3.9 Applicable Laws. The laws of the State of Oregon shall be used in construing this Contract and enforcing the rights and remedies of the parties.

3.10 Merger. There are no other undertakings, promises or agreements, either oral or in writing, other than that which is contained in this Contract. Any amendments to this Contract shall be in writing and executed by both parties.

3.11 Electronic Signatures. This Contract and any amendments may be signed by facsimile, PDF, or other electronic means, each of which will be deemed an original and all of which when taken together will constitute one contract. Facsimile and electronic signatures will be binding for all purposes.

CITY OF ROSEBURG (INSERT CONTRACTOR’S NAME)

Nicole Messenger, City Manager (Name & Title of Person Signing) Date: _______________________ Date: ___________________________

ATTEST: Tax Identification Number

Email:__________________________

Amy Nytes, City Recorder

EXHIBIT "A"

STANDARD CITY CONTRACT PROVISIONS FOR

ENGINEERING, ARCHITECTURAL OR LAND SURVEYING SERVICES

The following provisions, if applicable, are hereby included in and made a part of the attached Contract for the engineering, architectural or land surveying services between the City of Roseburg and the Contractor named therein as provided for in the Roseburg Municipal Code, the Oregon Revised Statutes and Federal laws, rules, regulations and guidelines:

1. DISCRIMINATION IN SUBCONTRACTING PROHIBITED; REMEDIES - ORS

279A.110 AND 279A.105:

1.1 The Contractor may not discriminate against a Subcontractor in the awarding of a subcontract because the Subcontractor is a minority, women, disabled veterans or emerging small business enterprise certified under ORS 200.055.

1.2 By entering into the Contract, the Contractor certifies it has not discriminated and will not discriminate, in violation of Subsection 1.1 against any minority, women, disabled veterans or emerging small business enterprise in obtaining any required subcontract.

1.3 If the Contractor violates the nondiscrimination certification made under

Subsection 1.2, the City may regard the violation as a breach of contract that permits the City to terminate the Contract or exercise any remedies for breach permitted under the Contract.

2. PREFERENCE FOR OREGON GOODS AND SERVICES; NONRESIDENT

CONTRACTOR REPORT TO DEPARTMENT OF REVENUE - ORS 279A.120:

2.1 As used in this Section,

(a) “nonresident contractor” means a contractor that is not a resident contractor:

(b) “resident contractor” means a contract that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of the bid or SOQ for the Contract, has a business address in this state, and stated in the bid or SOQ for the Contract that it was not a “resident bidder” under ORS 279A.120.

2.2 For the purposes of awarding the Contract, the City will:

(a) give preference to goods or services that have been manufactured or produced in Oregon if the price, fitness, availability and quality are otherwise equal; and

(b) add the percentage increase to the bid of a non-resident bidder equal to the percentage, if any, of the preference given to the Contractor in the same state in which the Contractor resides.

2.3 If the Contractor is a nonresident contractor and the public contract price exceeds $10,000, the Contractor shall promptly report to the Department of Revenue, on forms to be provided by the Department, the total contract price, terms of payment, length of contract and such other information as the Department may require before the Contractor may receive final payment on the Contract. The City shall satisfy itself that the requirement of this Section has been complied with before it issues a final payment on the public contract.

3. PREFERENCE FOR RECYCLED MATERIALS - ORS 279A.125:

3.1 Notwithstanding provisions of law requiring the City to award a contract to the lowest responsible bidder or best Proposer or provider of a quotation and subject to Section 3.2, when procuring goods for any public use, the City shall give preference to the procurement of goods manufactured from recycled materials.

3.2 The City shall give preference to goods that are considered to be made from recycled materials if:

(a) The recycled product is available;

(b) The recycled product meets applicable standards;

(c) The recycled product can be substituted for a comparable nonrecycled product; and

(d) The recycled product’s cost does not exceed the cost of a comparable nonrecycled product by more than five percent, or a higher percentage if a written determination is made by the City.

4. PAYMENT OF LABORERS AND MATERIALMEN, CONTRIBUTIONS TO

INDUSTRIAL ACCIDENT FUND, LIENS AND WITHHOLDING TAXES - ORS

279B.220: The Contractor shall:

4.1 Make payment promptly, as due, to all persons supplying to such

Contractor, labor or material for the performance of the work provided for in the Contract.

4.2 Pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the Contract.

4.3 Not permit any lien or claim to be filed or prosecuted against the City or any subdivision thereof on account of any labor or material furnished.

4.4 Pay to the Department of Revenue, all sums withheld from employees pursuant to ORS 316.167.

5. PROHIBITION OF DISCRIMINATORY WAGE RATES BASED ON SEX – ORS

652.220: The Contractor shall not:

5.1 Discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills;

5.2 Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character, the performance of which requires comparable skills. This section does not apply where:

(a) Payment is made pursuant to a seniority or merit system which does not discriminate on the basis of a protected class; or

(b) A system measures earnings by quantity or quality of production, including piece-rate work; or

(c) Travel is necessary and regular for the employee; or

(d) Education, training, experience, or any combination of factors account for the entire compensation differential.

5.3 Discriminate in the payment of wages or other compensation against any employee because the employee has filed a complaint in a proceeding, has testified or is about to testify, or because the employer believes that the employee may testify in any investigation, proceedings or criminal action pursuant to ORS

652.210 to 652.235.

6. SALVAGING, RECYCLING, COMPOSTING OR MULCHING YARD WASTE

MATERIAL - ORS 279B.225: If the Contract will include lawn and landscape maintenance the Contractor shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.

7. PAYMENT FOR MEDICAL CARE AND ATTENTION TO EMPLOYEES - ORS

279B.230:

7.1 Contractor shall promptly as due, make payment to any person, co-partnership association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services.

7.2 The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under the Contract who are subject employers under the Oregon Workers’ Compensation Law shall comply with ORS 656.017, which requires them to provide workers’ compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide workers’ compensation coverage that complies with ORS 656.126 for their workers. Employers’ Liability Insurance with coverage limits of not less than $500,000 each accident shall be included.

8. HOURS OF LABOR - ORS 279B.235: This Section does not apply to public contracts for goods or personal property.

8.1 No person shall be employed for more than ten hours in any one day or forty hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except for contracts for personal services, the employee shall be paid at least time and a half pay for:

(a) All overtime in excess of eight hours a day or forty hours in any one week, when the work week consists of five consecutive days, Monday through Friday; or

(b) All overtime in excess of ten hours a day or forty hours in any one week, when the work week is four consecutive days, Monday through Friday; and

(c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020, or all holidays specified in a collective bargaining agreement.

8.2 For personal services contracts, employees shall be paid at least time and a half pay for all overtime worked in excess of 40 hours in any one week, except for individuals under personal service contracts who are excluded under ORS

653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.

8.3 The Contractor must give notice to employees who perform work on this Contract, in writing, either at the time of hire or before commencement of work on this Contract, or by posting a notice in a location frequented by employees, the number of hours per day and days per week that the employees may be required to work.

9. EXCLUSION OF RECYCLED OILS PROHIBITED - ORS 279B.240: Lubricating oil and industrial oil may include recycled oils or oils that are not manufactured from virgin materials.

10. STANDARDS: By entering into the Contract, Contractor agrees to perform the services hereunder in accordance with generally accepted standards applied by professionals of Contractor’s caliber.

11. CONSEQUENCES FOR FAILURE: Contractor understands that failure to meet established performance standards may result in consequences including, but not limited to:

(a) reducing or withholding payment;

(b) requiring the Contractor to provide, at Contractor’s own expense, additional services identified in the scope of work to meet the established performance standards; or

(c) declaring a default, terminating the Contract and seeking damages and other relief available under the terms of the Contract or other applicable law.

12. COMPLIANCE WITH LAWS: Contractor shall comply with all federal, state and local laws, rules, ordinances and regulations at all times and in performance of this Contract.

EXHIBIT “C”

DESCRIPTION OF SERVICES

GENERAL:

This section describes requirements for preparing a Water System Master Plan. The study is being paid from local dollars and is not dependent upon state or federal grant requirements. The services to be provided by the selected engineering firm includes collecting engineering data; undertaking field investigations; preparing a hydraulic model of the water system; preparing the reports and recommendations; and printing and providing necessary copies of engineering reports. City of Roseburg staff members will be available to work closely with the selected engineering firm throughout the project.

BACKGROUND:

In 1977 the City of Roseburg purchased the municipal water system from Oregon Water Corporation for the purpose of updating the system to accommodate future growth, to improve the fire protection function of the system, and to better regulate and direct system growth.

In 1979 the City’s first Water System Master Plan was prepared by Robert E. Meyer Consultants. In 1993 the plan was revised as the Water System Master Plan and Capital Improvement Plan by Murray, Smith & Associates, Inc. In 2010 the plan was again revised as the Water System Master Plan by Murray, Smith & Associates, Inc.

This is the current guidance document for system growth.

With the current plan now in effect for 15 years, the City desires a new Water System Master Plan. It is anticipated that the new Plan will be similar to the existing 2010 Water System Master Plan but with updates to reflect current plan formatting requirements adopted by the Oregon Health Authority (OHA), reflect recent plan submission and review requirements, and any changes to the system.

The water system master plan shall evaluate the needs of the water system for at least a twenty-year period as required by OAR 333-061-0060(5)(a) and shall outline specific capital improvements needed categorized as short range (1-5 years), medium range (6- 10 years), and long range (11-20 years).

The study area shall include all of the area within the Roseburg Urban Growth Boundary (UGB) and areas served by the City that are outside the UGB, including Dixonville and North Newton Creek Water Study area. The City recently completed a UGB swap, which included the incorporation of the Charter Oaks area. A map entitled UGB

Boundary Exchange is available for reference. The map indicates the prior UGB, areas that were withdrawn, and the Charter Oaks expansion area.

The City has a number of resources and studies available to guide the preparation of a new plan. The items listed below are either available for upload directly from the City of Roseburg webpage and or will be made available upon request by the City’s Public Works Department staff, listed as follows:

A. WATER SYSTEM MASTER PLAN, 2010, by Murray Smith & Associates, Inc.

Available for download on the City of Roseburg Website:

https://www.cityofroseburg.org/departments/public-works/permitsforms

B. NORTH NEWTON CREEK WATER STUDY (Original), 2007, by i.e. Engineering, Inc. Available on request.

C. NORTH NEWTON CREEK WATER STUDY (UPDATED) 2025, by i.e.

Engineering, Inc. Available on request.

D. LONG-RANGE WATER SUPPLY PLAN, 2009, by Murray, Smith & Associates, Inc. Available for download on the City of Roseburg Website:

https://www.cityofroseburg.org/departments/public-works/permitsforms

E. WATER TREATMENT FACILITIES PRELIMINARY DESIGN REPORT, 2009, by Murray, Smith & Associates, Inc. Available for download on the City of Roseburg Website:

https://www.cityofroseburg.org/departments/public-works/permitsforms

F. City of Roseburg Transmission Mains…