RFQ Alba Park Flag Poles.pdf

REQUEST FOR QUALIFICATIONS

City of Medford Alba Park Flag Poles Design Build

RFQ 2025-001 Medford Parks, Recreation & Facilities

Issued: September 10, 2025

Response Deadline: October 3, 2025 At 3pm PM PDT

REQUEST FOR QUALIFICATIONS RFQ 2025-001 MPRFD

Table of Contents

SECTION 1 – GENERAL INFORMATION

1.1 Announcement

1.2 Compliance with Rules

1.3 Contacts

1.4 Qualifications Due Date

1.5 Qualifications Withdrawal

1.6 Pre-Qualifications Conference

1.7 Solicitation Protest

1.8 Addenda

1.9 Rejection of Qualifications

1.10 Irregularities

1.11 Incurred Costs

1.12 Ownership of Documents

1.13 Confidentiality of Information

1.14 Public Record

1.15 Equal Opportunity Policy for Contractors

1.16 City Business License

SECTION 2 – QUALIFICATIONS TIMELINE

2.1 Qualifications Timeline

SECTION 3 – QUALIFICATIONS EVALUATION

3.1 Selection Process

3.2 Qualifications Evaluation Criteria and Scoring

3.3 Interviews

3.4 Clarifications

3.5 Agreement

SECTION 4 – BACKGROUND AND SCOPE OF WORK

4.1 Introduction

4.2 Scope of Work

SECTION 5 – SPECIFIC SUBMITTAL REQUIREMENTS

5.1 Minimum Qualifications

5.2 Qualifications Documents………………………………………………………………………………………………………………………………….. 7

SECTION 6 – EXHIBITS

A Sample Consulting Contract with ORS 279 and Sample Insurance .......................................................................... 8-22

B Proposer Certification

C Contractor Certification of Tax Compliance

D Tentative Location of Installation……………………………………………………………………………………………………………………….25

SECTION 1 – GENERAL INFORMATION

1.1 ANNOUNCEMENT

The City of Medford Medford Parks, Recreation & Facilities Department is seeking a qualified construction contractor to design, procure, and install two lit flagpoles at Alba Park in the center of the park next to the fountain. One flagpole would support the

American flag and one flagpole would support the Alba Italy sister city flag.

Medford city council appropriated $25,000 of city community initiative funds for this project. Selected contractor will work with

City representatives to procure and install two vandal resistant lit flag poles on the northeast side of the Alba Park fountain located in the center of the park. Specific location is denoted in Exhibit D. Flagpole height, brand, and specific lighting will be determined by awarded contractor based on available budget.

There will be a non-mandatory pre-bid job walk on September 25, 2025 at 9am. Attendees will meet at Alba Park at the fountain located at 301 W. Main St, Medford OR 97501.

Qualifications will be submitted electronically through BidNet Direct. The complete Request for Qualifications documents may be obtained BidNet Direct at: https://www.bidnetdirect.com/oregon/medford

Qualifications must be received by 3pm local time on October 3, 2025. Late Qualifications will be kept by the City but not considered for award.

The City reserves the right to reject any and all Qualifications not in compliance with all prescribed public bidding procedures and requirements and may reject, for good cause, any and all Qualifications upon the finding that it is in the public interest to do so.

The City reserves the right to waive any and all informalities if it is deemed in the best interest of the public.

The City of Medford requires all proposers to comply with equal opportunity policies. The City of Medford’s programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation. A copy of the City’s policy is available upon request.

1.2 COMPLIANCE WITH RULES

Proposers responding to this RFQ must follow the procedures and requirements stated within this RFQ. Adherence to these procedures and requirements will ensure a fair and objective analysis of the Qualifications submitted. Failure to comply with or complete any part of this RFQ may result in rejection of the submitted Qualifications.

1.3 CONTACTS

Questions regarding specifications shall be submitted through BidNet at: https://www.bidnetdirect.com/oregon/medford and responded to when more detailed explanations are required. Any clarifications or revisions will be addressed and issued in addenda; City must receive requests for changes in writing per timeline schedule in 2.1.

1.4 QUALIFICATIONS DUE DATE

All Qualifications shall be received no later than 3pm, local time, October 3, 2025 through BidNet Direct.

1.5 QUALIFICATIONS WITHDRAWAL

A Qualifications may be withdrawn at any time before the Qualifications deadline, by providing a written request for the withdrawal of the Qualifications to the issuing office. A duly authorized representative of the firm shall execute the request. Withdrawal of a

Qualifications will not prejudice the right of the proposer to file a new Qualifications.

1.6 PRE-QUALIFICATIONS CONFERENCE

There will be a non-mandatory pre-bid job walk on September 25, 2025 at 9am. Attendees will meet at Alba Park at the fountain located at 301 W. Main St., Medford OR 97501.

https://www.bidnetdirect.com/oregon/medford

1.7 SOLICITATION PROTEST

A person may protest or request a change of a solicitation provision, evaluation criteria, scope of work, specification or contract term no later than seven calendar days prior to the Qualifications due date. No protest of the selection of a consultant or award of a contract because of a solicitation provision, evaluation criteria, scope of work, specification or contract term will be considered after such time. The protest or request for change shall include the reason for such and any proposed change. The City shall consider the protestor request for change and may reject the protest or request for change, issue an addendum or cancel the

RFQ. The protest must be labeled with the project name and number and submitted to the Purchasing Office at the following address:

Purchasing

City of Medford

411 West 8th Street, Room 380

Medford, OR 97501

1.8 ADDENDA

Any clarifications or revisions will be addressed and issued in addenda; City must receive requests for changes in writing per timeline schedule in 2.1 Only written addenda issued for the RFQ specifications shall be binding upon the City.

1.9 REJECTION OF QUALIFICATIONS

The City may reject any Qualifications not in compliance with all prescribed procedures and requirements and may reject for good cause any or all Qualifications upon a finding of the City that it is in the public interest to do so.

1.10 IRREGULARITIES

The City reserves the right to waive any non-material irregularities or information in the RFQ or in any Qualifications.

1.11 INCURRED COST

The City is not liable for any costs incurred by a proposer in the preparation and/or presentation of a Qualifications.

1.12 OWNERSHIP OF DOCUMENTS

Any material submitted by a proposer shall become the property of the City. Materials submitted after a contract is signed will be subject to the ownership provision of the executed contract.

1.13 CONFIDENTIALITY OF INFORMATION

All information and data furnished to the proposer by the City and all other documents to which the proposer’s employees have access during the preparation and submittal of the Qualifications shall be treated as confidential to the City. Any oral or written disclosure to unauthorized individuals is prohibited.

1.14 PUBLIC RECORD

All Qualifications and information submitted by proposers is considered a public record. Qualifications that contain information that meets the definition of trade secrets or otherwise can be considered a public record exempt from disclosure under Oregon’s

Public Records Law shall be clearly identified and kept separate by the proposers.

All Qualifications and information submitted by proposers will be available for viewing after the evaluation process is complete.

1.15 EQUAL OPPORTUNITY POLICY FOR CONTRACTORS

The City of Medford requires all proposers to comply with equal opportunity policies. The City of Medford’s programs, services, employment opportunities, and volunteer positions and contracts are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation. A copy of the City’s policy is available upon request.

1.16 CITY BUSINESS LICENSE

The selected proposer will be required to obtain a City of Medford Business License.

END OF SECTION ONE

SECTION 2 – QUALIFICATIONS TIMELINE

2.1 TIMELINE

Note that this timeline is subject to change.

TENTATIVE DATE(S) MILESTONE

September 25, 2025 @ 9am Non-Mandatory Pre-Bid Job Walk

September 29, 2025 @3pm Deadline to Submit Questions Regarding Project Scope of Work

September 30, 2025 Release Final Addendum: Inquiries and Responses

October 3, 2025 @3pm Qualifications due

END OF SECTION TWO

SECTION 3 – QUALIFICATIONS EVALUATION

3.1 SELECTION PROCESS

The City reserves the right to select the contractor on the basis of the Qualifications or to conduct interviews with the highest qualified proposers following evaluation and scoring of the Qualifications, whichever is determined to best serve the needs of the

City. The City reserves the right to seek clarifications of any or all Qualifications.

3.2 QUALIFICATIONS EVALUATION CRITERIA AND SCORING

A Selection Committee will evaluate the Qualifications to determine vendors best qualified to perform the services for the City.

Qualifications shall be reviewed and evaluated on the following criteria. The Selection Committee members will ultimately submit a recommendation for action to City Council on the following criteria:

Criteria Points

Company Overview to Include Construction and Design Team 50

Demonstrated ability to include examples of similar past projects. 50

Total 100

3.3 INTERVIEWS

Contractors may be selected for final evaluation will be invited to an interview with the City. Contractors will be contacted regarding time and location of the interview.

3.4 CLARIFICATIONS

The City reserves the right to seek clarification of each Qualifications submitted. The City also reserves the right to require other evidence of technical, managerial, financial or other abilities prior to selection.

3.5 AGREEMENT

A sample copy of the contract that the City expects the successful proposer to execute is included in Section 6, Exhibit A. Any proposed changes in the language, construction or requirements of the contract must be raised and resolved as part of a solicitation protest. The City reserves the right to negotiate a final contract that is in the best intest of the City.

The contract will define the extent of services to be rendered, as well as the method and amount of compensation. The contract will be negotiated with the highest ranked proposer(s) for the project. If agreement is not reached, negotiations will be terminated.

Negotiations will then begin with the Selection Committee’s second choice for the project. When an agreement is reached, the contract for the work will be prepared and executed upon City Council approval. The successful proposer agrees to enter into a maximum of ten years.

END OF SECTION THREE

SECTION 4 – BACKGROUND & SCOPE OF WORK

4.1 INTRODUCTION

Located in Jackson County, the City of Medford has a population of 80,375 and serves as the County seat. Medford is the demographic and economic hub of the southern Oregon region. With continued growth in healthcare, retail and manufacturing, the City anticipates a continued growth rate of 1.8% per year and is currently the fourth largest metro area in Oregon.

Incorporated in 1885, the City of Medford utilizes the Mayor/Council form of government. Medford is divided into four wards, with two Council members per ward. The Mayor is elected at large by the community for a four-year term. Council members also serve four-year terms, with one Council position in each ward being up for election every two years.

Medford is a full-service city with eleven (13) operating departments including City Manager/Mayor and Council, Medford Urban

Renewal Agency, Finance, City Attorney, Human Resources/Risk Management, Police, Fire, Parks, Recreation and Facilities, Public

Works, Planning, and Building Safety, Innovation & Technology, and Water Commission.

4.2 SCOPE OF WORK

General services are to include, but not limited to, items listed below. Note: Theses services are illustrative. If your institution uses different language to describe the following services; please submit a clarifying statement in your response. If you have questions on the language and wish to clarify that before submitting your response, please submit your question on BidNet Direct at:

https://www.bidnetdirect.com/oregon/medford, and a written addendum will be issued.

The selected contractor will be responsible for the following:

• Coordinating with the owner on specific location of installation

• Location of utiltiies in project area

• Design plan to engineered drawings for flag poles and lighting plan

• Procurement of (2) vandal resistant flag poles

• Procurement of lighting required to properly up light the flags at night

• All necessary permits needed for installaion

• Work zone protection to include pedestrian traffic control

• Installation of flag poles

• Installation of lighting for flag poles

• Keeping project within budgeted amount

• Providing “as built” drawings upon completion of project

END OF SECTION FOUR

SECTION 5 – SPECIFIC SUBMITTAL REQUIREMENTS

5.1 MINIMUM QUALIFICATIONS

The successful Contractor must:

• Must have a valid City of Medford business license by time of contract award/execution

• Meet the City of Medford’s insurance requirements and bond requirements to work on City Property as outlined in the

City’s construction contract. (Exhibit A)

• Additionally, all contractors must submit completed Proposers Bid Certification and Contractor Tax Compliance, (Exhibit

B, and C).

5.2 QUALIFICATIONS DOCUMENTS

Applicant shall be responsible for obtaining RFQ documents and any addenda, as well as carefully examining the specifications and requirements of the proposed project. The City may publish from time-to-time addendum or additional requirements on any

RFQ. Copies of RFQ materials and other documents are on file and may be examined in BidNet Direct.

In response to this Request for Qualifications, the applicant shall include all the following items:

▪ Title Page/Cover including the name of the proposing contractor and its principal business address from which the project will be managed.

▪ Company overview to include description of construction and design team.

▪ Description of demonstrated ability to include examples of similar past projects.

▪ Proposed time line for project to include estimated start and finish date.

▪ Proposer Certification Section 6, Exhibit B

▪ Contractor Certification of Tax Compliance Section 6, Exhibit C

END OF SECTION FIVE

SECTION 6 - EXHIBITS

EXHIBIT A: SAMPLE CONSTRUCTION CONTRACT WITH ORS 279 AND SAMPLE INSURANCE

CONSTRUCTION CONTRACT

(Construction, Reconstruction or Major Renovation on Real Property)

THIS AGREEMENT, made and entered into in duplicate, by and between _________________, a

______________________ in the State of _____________________, hereinafter termed the "CONTRACTOR", and the CITY OF MEDFORD, a municipal corporation in the State of Oregon, hereinafter termed "CITY". This Contract shall be effective on the last date set forth on the signature page.

Article 1. The Work

CONTRACTOR, in consideration of the payments to be made by CITY, in the manner and at the times hereinafter provided, and of the covenants and agreements hereinafter contained, hereby agrees to furnish all materials and labor for the construction of:

SEE EXHIBIT “A”

Article 2. Scope of Services

The CONTRACTOR shall furnish all necessary machinery, tools, apparatus, materials and labor and to do the said work in the most substantial and workmanlike manner according to the solicitation, general provisions, general specifications and any special provisions hereto attached, and the plans therefor on file in the office of the applicable department of the City of Medford, Oregon, and in accordance with such modifications of the same and other directions as may be made by CITY as provided for therein.

It is agreed that said plans, specifications and provisions, and the schedule of rates and prices at time of construction as set forth in the solicitation and in the said provisions and specifications are hereby specifically referred to and made a part of this contract, and shall have the same force and effect as though all the sums and provisions thereof were fully inserted herein.

Article 3. Time of Performance

The services of CONTRACTOR are to commence immediately after the date of this Agreement, and shall be undertaken in such a sequence as to assure their expeditious completion in light of the purposes of this Agreement. All work covered herein shall be completed within ______________ days after the date of this Agreement.

Article 4. Personnel

A. The CONTRACTOR represents that it employs, or will employ at its own expense, all personnel required in performing the services under this Agreement.

B. All of the services required hereunder will be performed by the CONTRACTOR or under his direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services.

C. CONTRACTOR shall be responsible to ensure that it and any subcontractors comply with all applicable Federal, State and local laws regarding employee wages, hours, benefits, health care, and workers compensation, and shall ensure that all expenses and claims related thereto are paid promptly. The applicable provisions of ORS 279B and 279C are attached hereto as Exhibit ___ and incorporated herein by reference.

D. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY except: _______________.

Article 5. Compliance with Laws and Regulations

CONTRACTOR shall at all times observe and comply with all federal and state laws and local ordinances and regulations, including but not limited to possession of a valid City of Medford business license, in any manner affecting the conduct of the work, and all such orders or decrees as exist at the present and those which may be made or enacted later by bodies or tribunals having any jurisdiction or authority over the work.

Article 6. Federal Requirements and Provisions

Notwithstanding any other provision hereof, any applicable federal laws, rules or regulations are to govern in any case where federal funds are involved and the federal laws conflict with any provision hereof.

Article 7. Compensation

The CITY shall compensate the CONTRACTOR in accordance with the Schedule of Charges and Payment Schedule set forth in Exhibit ___, which shall include the basis for rates and charges. Compensation shall be billed monthly in summary form giving employees names and hours and expense data. Payment to CONTRACTOR is due upon presentation and verification of invoice to CITY and is to be made within thirty (30) days.

Article 8. Payment to Contractor and Extras

Subject to ORS 279C.570 (Progress Payments) and subject to ORS 279C.550 (Retainage), and in consideration of the faithful performance of the work herein embraced and provided for, as set forth in this contract, solicitation, general specifications and special provisions, notice to contractors, and plans which are a part thereof, in accordance with the directions of the CITY and to its satisfaction, CITY agrees to pay to CONTRACTOR the amount earned by CONTRACTOR under said contract, as provided in the general specifications and special provisions attached. All payments will be made at the times and in the manner provided in the general and special provisions incorporated herein and in accordance with the regulations of CITY in regard to the payment of claims, which regulations provide, among other things, that all claims against CITY shall be submitted to CITY upon vouchers.

Except as otherwise provided herein, no payment for extras shall be made unless and until such extras and the price therefor have been authorized in writing in advance.

Article 9. Suspension of Work

CITY may suspend, in writing, all or a portion of the work under this Agreement if unforeseen circumstances beyond CITY'S control make normal progress of the work impossible. CONTRACTOR may request that the work be suspended by notifying CITY, in writing, of circumstances that are interfering with the normal progress of work. CONTRACTOR may suspend work on Project in the event CITY does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted option to terminate work on the suspended portion of Project in accordance with Article 10.

Article 10. Default

If CONTRACTOR fails to begin the work under the contract within the time specified, or fails to perform the work with sufficient workmen or equipment or with sufficient materials to insure the prompt completion of the work, or shall neglect or refuse to remove and replace materials or work that have been rejected as defective or unsuitable, or shall discontinue the prosecution of the work or if CONTRACTOR shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against CONTRACTOR unsatisfied for a period of forty-eight hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever, shall not carry on the work in an acceptable manner, CITY shall give notice in writing to CONTRACTOR and CONTRACTOR’S surety of such delay, neglect or default, and if CONTRACTOR, within a period of ten days after such notice shall not proceed in accordance therewith, then CITY in addition to the rights and remedies to which CITY may be entitled by law for the enforcement of its rights hereunder or upon breach of covenant shall have full power and authority, without violating this contract, to take the prosecution of the work out of the hands of CONTRACTOR, to appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may award a contract for the completion of this contract according to the terms and provisions hereof, or use such methods as in its opinion shall be required for the completion of this contract, in an acceptable manner. All costs and charges incurred by CITY together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due said CONTRACTOR. In case the expense so incurred by CITY shall be less than the sum which would have been payable under the contract, if it had been completed by CONTRACTOR hereunder, then CONTRACTOR shall be entitled to receive the difference less any damages for delay to which

CITY may be entitled, and in case such expense shall exceed the sum which would have been payable under the contract, CONTRACTOR and the surety shall be liable and agree to and shall pay CITY the amount of said excess with damages for delay of performance, if any. CONTRACTOR shall not make any disposition of the plant, machinery, tools, appliances, supplies or materials used on or in connection with the work, whether by sale, covenants, or encumbrance, inconsistent with the provisions of this contract.

The contract may be canceled at the election of CITY for any failure or refusal on the part of CONTRACTOR to faithfully perform this contract according to its terms and conditions.

Article 11. Non-Appropriation

Notwithstanding the termination provisions and the Default section above, termination may occur for non-appropriation. Specifically, all CITY obligations to spend money under this contract are contingent upon future appropriations as part of the CITY budget process and local budget law, and the failure of the Council and Budget Committee to make the appropriation shall necessarily result in termination of this contract. As such, in the event insufficient funds are appropriated for the payments under this contract, then the CITY may terminate this contract at the end of its current fiscal year, with no further liability or penalty to the CITY. The CITY shall deliver written notice to CONTRACTOR of such termination no later than thirty (30) days from the determination by the CITY of the event of non-appropriation.

Article 12. Indemnity

CONTRACTOR hereby agrees to defend, indemnify, and hold harmless CITY, its officers, agents, and employees, from and against any and all liability, including but not limited to claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions including, but not limited to, attorneys' fees for trial and on appeal, and for the preparation of same arising out of the CONTRACTOR’s, its officers', agents', and employees' acts or omissions while performing services or actions associated with this Agreement. Provided, however, that CONTRACTOR shall not be required to indemnify CITY against liability for damages arising out of death or bodily injury to persons or damage to property caused solely by the negligence of CITY.

Article 13. Insurance

CONTRACTOR shall obtain at its own expense and maintain continuously in effect during the term of this Agreement the following minimum insurance:

(1) Commercial General Liability Insurance on an “occurrence” policy form covering Bodily Injury and Property Damage, Products/Completed Operations, Personal & Advertising Injury, and blanket Contractual Liability. Such insurance shall be primary and non-contributory, and provide limits of at least $1,000,000 per Occurrence and a General Aggregate of at least $2,000,000. “The City of Medford and its officers, employees and agents while acting within the scope of their duties as such” shall be named an Additional Insured by endorsement.

(2) Commercial Automobile Liability Insurance for Bodily Injury and Property Damage covering owned, non-owned, rented, and hired autos. Such insurance shall provide a combined single limit per accident of at least $1,000,000.

(3) Workers Compensation Insurance meeting statutory requirements of Oregon Workers

Compensation Law must be provided by CONTRACTOR (and any sub-contractor CONTRACTOR may use) for any subject workers, as well as Employers Liability Insurance with limit of at least $500,000.

If CONTRACTOR is statutorily exempt from the requirement to provide Workers Compensation Insurance, CONTRACTOR shall complete, sign, and submit the City’s form for Declaration of Exemption from Oregon Statutory Workers Compensation in lieu of Workers Compensations Insurance.

(4) If the services provided in this agreement are architectural, engineering, design, medical, counseling, accounting, financial, audit, insurance, legal, information technology, software services, environmental consulting or remediation, or hazardous materials handling, then Professional Liability Insurance (also known as “Errors and Omissions” or “malpractice liability” insurance for professionally trained, licensed, or certified professionals) with a limit of at least $2,000,000 shall be required. Such coverage may be on a “claims made” policy. Should the Professional Liability Insurance policy be terminated for any reason, satisfactory “tail” coverage of an extended claims reporting period of at least two (2) years shall be required and provided at the sole expense of CONTRACTOR. If services provided in this agreement are not among the type of professional services listed in this paragraph and Professional Liability Insurance does not apply, it is so indicated here:

CONTRACTOR shall submit to CITY certificates of insurance for all policies listed above at time of this

Agreement, and at each subsequent insurance renewal for the life of this Agreement. Certificate must include Additional Insured Endorsement for General Liability Insurance. Certificates of insurance for current coverage or activated tail coverage for Professional Liability Insurance, because it is a claims-made coverage, shall continue to be submitted to CITY for two (2) years following the effective term of this Agreement. Certificate Holder (and additional insured for General Liability) shall be shown as: City of Medford, 411 West 8th Street, Medford, OR 97501.

CONTRACTOR is responsible to assure that CITY receives a required thirty (30) days written notice prior to cancellation of, material change to, exhaustion of aggregate limits of, or intent not to renew any insurance policy for coverage required in this Agreement. Ten (10) days will be accepted for cancellation due to non-payment of premium. CONTRACTOR shall itself provide the written notice in the event that its insurance companies will not or do not provide such notice. Failure to maintain proper insurance and/or provide timely notification of a change in coverage is grounds for potential immediate termination of this contract.

Notwithstanding insurance requirements stated or any modifications made thereto, in no case shall the presence or absence of any insurance coverage, or any insurance policy limit, provision, term, or condition reduce the obligations of the CONTRACTOR for liability granted generally by law or specifically in the terms of this Agreement. In no case shall CITY be responsible for any amount of CONTRACTOR self-insurance, or any retention, deductible, or coinsurance amount required by CONTRACTOR’s insurance policies.

Article 14. Partial Invalidity

If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby.

Article 15. Integration

This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.

Article 16. Jurisdiction

This Agreement shall be administered and interpreted under the laws of the State of Oregon. Jurisdiction of litigation arising from this Agreement shall be in that state. Any litigation arising from this Agreement shall commence in Jackson County, Oregon.

Article 17. Performance and Payment Bond

CONTRACTOR shall, within ten days after award of the contract and prior to doing any work under this contract, furnish to CITY, in a form and with a surety thereon satisfactory to the CITY:

(1) A performance bond in an amount equal to the full contract price conditioned upon the faithful performance of this contract upon the part of CONTRACTOR in accordance with the plans, specifications, and conditions of this contract, and also complying with the provisions of ORS 279C.380(1)(a) and any other laws of the State of Oregon relating to faithful performance bonds for construction of public works.

(2) Pursuant to ORS 279C.380(1)(b), a payment bond in an amount equal to the full contract price, solely for the protection of claimants under ORS 279C.600.

IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this contract to be executed for and on their behalf by their duly authorized officer(s) on the day and year last below written.

CITY OF MEDFORD, OREGON

By__________________________

Title_________________________

Date

Signed by the Contractor in my presence as:

WITNESS: _____________________________

CONTRACTOR

By ___________________________

Title_______________________________

Date

EXHIBIT _____

OREGON STATUTORY PUBLIC CONTRACT PROVISIONS

THE FOLLOWING PROVISIONS PERTAIN TO

PUBLIC PROCUREMENTS

(OTHER THAN PUBLIC IMPROVEMENTS)

ORS 279B.220

CONDITIONS CONCERNING PAYMENT, CONTRIBUTIONS, LIENS, WITHHOLDING

CONTRACTOR shall:

(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 contract.

(2) Pay all contributions or amounts due the Industrial Accident Fund from CONTRACTOR or SUBCONTRACTOR incurred in the performance of the contract.

(3) Not permit any lien or claim to be filed or prosecuted against CITY on account of any labor or material furnished.

(4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

ORS 279B.225

CONDITION CONCERNING SALVAGING, RECYCLING, COMPOSTING OR MULCHING YARD WASTE MATERIAL

CONTRACTOR shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and cost-effective.

ORS 279B.230

CONDITION CONCERNING PAYMENT FOR MEDICAL CARE AND PROVIDING WORKERS’ COMPENSATION

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

(2) All subject employers working under this contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

ORS 279B.235

CONDITION CONCERNING HOURS OF LABOR

(1) A person may not be employed 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 it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay:

(a)(A) For 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

(B) For 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

(b) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

(2) Employer must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work 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 the employees may be required to work.

(3) In the case of contracts for personal services as described in ORS 279A.055, the employee shall be paid at least time and a half for all overtime work in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.

(4) Does not apply.

(5)(a) Persons employed under contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.

(b) Employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work 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 the employees may be required to work.

THE FOLLOWING PROVISIONS PERTAIN TO PUBLIC IMPROVEMENTS:

ORS 279C.505

CONDITIONS CONCERNING PAYMENT, CONTRIBUTIONS, LIENS, WITHHOLDING AND DRUG TESTING

(1) CONTRACTOR shall:

(a) Make payment promptly, as due, to all persons supplying to CONTRACTOR labor or material for the performance of the work provided for in this contract.

(b) Pay all contributions or amounts due the Industrial Accident Fund from CONTRACTOR or SUBCONTRACTOR incurred in the performance of this contract.

(c) Not permit any lien or claim to be filed or prosecuted against CITY on account of any labor or material furnished.

(d) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

(2) CONTRACTOR shall demonstrate that an employee drug-testing program is in place.

ORS 279C.510

DEMOLITION CONTRACTS TO REQUIRE MATERIAL SALVAGE; LAWN AND LANDSCAPE MAINTENANCE CONTRACTS TO

REQUIRE COMPOSTING OR MULCHING

(1) If a contract for demolition, CONTRACTOR shall salvage or recycle construction and demolition debris, if feasible and cost effective.

(2) If a contract for lawn and landscape maintenance, CONTRACTOR shall compost or mulch yard waste material at an approved site, if feasible and cost effective.

ORS 279C.515

CONDITIONS CONCERNING PAYMENT OF CLAIMS BY PUBLIC OFFICERS, PAYMENT TO PERSONS FURNISHING LABOR OR

MATERIALS AND COMPLAINTS

(1) 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 the public improvement contract as such claim becomes due, the proper officer that represents CITY 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 such contract.

(2) If the 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.

(3) If CONTRACTOR or a SUBCONTRACTOR fails, neglects or refuses pay to a person that provides labor or materials in connection with the public improvement contract, 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.

(4) Paying a claim in the manner authorized in this section shall not relieve CONTRACTOR or CONTRACTOR’s surety from obligation with respect to any unpaid claims.

ORS 279C.520

CONDITION CONCERNING HOURS OF LABOR

(1)(a) No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services defined in ORS 279C.100, the employee shall be paid at least time and a half pay:

(A) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

(B) For 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

(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.

(2) CONTRACTOR shall give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work 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 the employees may be required to work.

(3) 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.

(4) CONTRACTOR may not prohibit any of their employees from discussing employees’ 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.

(5) Persons employed under contracts for personal services as described in ORS 279A.055 shall be paid at least time and a half for all overtime work in excess of 40 hours in any one week, except for employees under a personal services public contract who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.

(6) Does not apply.

(7)(a) Persons employed under public contracts for services shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in any one week, whichever is greater.

(b) CONTRACTOR shall give notice in writing to employees who work on a public contract for services, either at the time of hire or before commencement of work on the public contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

ORS 279C.530

CONDITION CONCERNING PAYMENT FOR MEDICAL CARE AND PROVIDING WORKERS’ COMPENSATION

(1) CONTRACTOR shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of CONTRACTOR, of all sums which CONTRACTOR agrees to pay for such services and all moneys and sums which 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 service.

(2) All subject employers working under this contract are either employers that will comply with ORS 656.017 or are employers that are exempt under ORS 656.126.

ORS 279C.580

CONTRACTOR’S RELATIONS WITH SUBCONTRACTORS

(1) The CONTRACTOR is required to provide a first-tier SUBCONTRACTOR with a standard form that the first-tier

SUBCONTRACTOR may use as an application for payment or as another method by which the SUBCONTRACTOR may claim a payment due from the contractor.

(2) The CONTRACTOR, except as other provided in this paragraph, is required to use the same form and regular administrative procedures for processing payments during the entire term of the subcontract. A CONTRACTOR may change the form or the regular administrative procedures the CONTRACTOR uses for processing payments if the

CONTRACTOR:

(a) Notifies the SUBCONTRACTOR in writing at least 45 days before the date on which the CONTRACTOR makes the change; and

(b) Includes with the written notice a copy of the new or changed form or a description of the new or changed procedures.

ORS 279C.825

FEES, RULES

At the time of execution of a contract subject to ORS 279C.800 to 279C.870, the CITY shall pay to the Commissioner of the Bureau of Labor and Industries a fee of 0.1 percent of the contract price. However, in no event may a fee be less than $250 or more than $7,500. The fee shall is payable to the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries, Wage and Hour Division, Prevailing Wage Unit, 800 N.E. Oregon Street, #32, Portland, OR 97232.

ORS 279C.830

PROVISIONS CONCERNING PREVAILING RATE OF WAGE IN SPECIFICATIONS, CONTRACTS AND SUBCONTRACTS;

APPLICABILITY OF PREVAILING WAGE; FEE; BOND

(1) If the contract is a “Public Works” and the contract price exceeds $50,000:

(1)(a) Except as provided in paragraph (e) of this subsection, contracts for public works shall state the existing state prevailing rate of wage and, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act (40

U.S.C. 3141 et seq) that must be paid to workers in each trade or occupation that the CONTRACTOR or

SUBCONTRACTOR or other person who is a party to the contract uses in performing all or part of the contract.

State rates may be found at www.oregon.gov/boli/WHD/PWR/Pages/index.aspx.

Federal rates may be obtained at https://sam.gov/content/wage-determinations.

(b) When state and federal prevailing rates of wage are contained in the specifications, the CONTRACTOR is required to pay the higher of the applicable state or federal prevailing rate of wage to all workers on the public works.

(c) Workers must be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and ORS 279C840.

(d) If a public works project is subject both to ORS 279C.800 to 279C.870 and to the Davis-Bacon Act, workers on the public works must be paid not less than the higher of the applicable state or federal prevailing rate of wage.

(e) A public works project described in ORS 279C.800(6)(a)(B) or (C) is subject to the existing state prevailing rate of wage or, if applicable, the federal prevailing rate of wage required under the Davis-Bacon Act that is in effect at the time CITY enters into an agreement with CONTRACTOR for the project. After that time, the specifications for a contract for the public works must include the applicable prevailing rate of wage.

(2) CONTRACTOR and every SUBCONTRACTOR must have a public works bond filed with the Construction

Contractors Board before starting work on the project, unless exempt under ORS 279C.836(4), (7), (8) or (9).

(3) In the event the initial contract is less than $50,000, and through the course of the project the total contract amount is extended above $50,000, CONTRACTOR is responsible for paying and certifying payment of prevailing wages.

CONTRACTOR is required to file amended wage statements if prevailing wages were not originally paid.

http://www.oregon.gov/boli/WHD/PWR/Pages/index.aspx https://sam.gov/content/wage-determinations

EXHIBIT B: PROPOSERS/BIDDERS CERTIFICATION

CITY OF MEDFORD

PROPOSERS/BIDDERS CERTIFICATION

Contractor

Physical Address

City, State, Zip

(a) The Contractor certifies that he/she has read and understands all terms and conditions of this solicitation and the sample contract.

(b) The Contractor acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Contractor listed and to fully bind the Contractor to all conditions and provisions thereof.

(c) The Contractor certifies that Contractor has complied or will comply with all requirements of local, state and national laws and that no legal requirement has been or will be violated in making or accepting this RFQ/ITB/RFQ.

(d) The Contractor holds any required certificates for the State of Oregon designated in the complete document as applicable (Contractors, Architects, Landscape Board, Engineers, etc.).

Applicable Registration #s: ______________________________________________________.

(e) The Contractor, pursuant to ORS 279A.120 (1) (check one) is _______ /is not_______ a Resident Bidder. If not, indicate State of Residency:__________________________.

(f) The Contractor certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any minority, women or emerging small business enterprise in obtaining any required subcontract.

(g) The Contractor agrees to comply with Oregon tax laws in accordance with ORS 305.385.

(h) The Contractor will be required to provide a copy of the certificate showing they completed the free online Pay

Equity Training for businesses prior to award of contract per ORS 2749A.167 link to training:

https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

(i) The Contractor agrees to obtain/retain a City of Medford Business License for the duration of this contract.

(j) The Contractor acknowledges receipt of the following addenda: (List by number and date appearing on addenda.)

Addendum Number Date Addendum Number Date

Respectfully submitted this _________day of __________________, 20___

Signature: ______________________________________________________

Name: __________________________________________________________ Phone:______________________________ (Print/Type) Title: ____________________________________________________________ Fax:________________________________

Email Address: ______________________________________________________________________________________________ https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

EXHIBIT C: CONTRACTOR CERTIFICATION OF TAX COMPLIANCE

CITY OF MEDFORD

CONTRACTOR CERTIFICATION OF TAX COMPLIANCE

Contractor certifies to the City of Medford that:

To the best of Contractor’s knowledge, after due inquiry, currently and for a period of six calendar years preceding this submittal, Contractor has complied with:

(a) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318;

(b) Any tax provisions imposed by any City, County, or other political subdivision of the State of Oregon that applied to

Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor.

(c) Offeror shall provide written notice to Agency within two business days of any change to the Offeror’s status of tax law compliance.

Dated this day of , 20

Signed

Name of Contractor Print or Type

Street Address

City State Zip

EXHIBIT D: TENATIVE LOCATION OF INSTALLATION

END OF SECTION SIX