Document Woodburn_doc_f1b14bd20d

CITY OF WOODBURN, OREGON Request for Proposals Electrician Services DATE & TIME DUE: JANUARY 15, 2026 AT 2:00PM SUBMIT PROPOSAL TO CITY OF WOODBURN: City of Woodburn Public Works Department 190 Garfield Street Woodburn, OR 97071 [PHONE REDACTED] ---PAGE BREAK--- CITY OF WOODBURN PUBLIC WORKS DEPARTMENT Electrician Services Proposals due 2:00 pm, January 15, 2026 REQUEST FOR PROPOSALS The City of Woodburn is requesting proposals from qualified State of Oregon licensed electrical contractors for providing Electrician services to the City of Woodburn under a multi-year contract. The Electrician services shall include “Supervising Electrician” for the City’s Electrical Master Permit, which covers all City facilities, including the Wastewater Treatment Plant, pump stations and Water Treatment Plants. A successful firm will be selected based upon the following criteria: 1) Qualifications to perform the scope of services; 2) Prior work experience performing the scope of services; 3) Demonstrated understanding of the scope of services required; 4) References from other communities receiving services;. The City of Woodburn invites firms to submit five copies of the proposal outlining their experience and qualifications in performing work as described in the Scope of Services. The City will receive sealed proposals until 2:00 PM on January 15, 2026. These should be delivered to the City of Woodburn, Public Works Department, 190 Garfield Street, Woodburn, Oregon 97071. The City will make the Solicitation Document available for viewing at the above address and on the city website http://www.ci.woodburn.or.us/?q=blog-categories/bids-and-rfps The City will not accept facsimile proposals. The City will not accept any proposals after the stated opening date and time. The City will return all late proposals unopened to the submitting firm. Proposers are required to certify non-discrimination in employment practices and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and the City of Woodburn Public Contracting Rules The City of Woodburn reserves the right to reject any or all proposals not in compliance with public bidding procedures; to postpone award of the contract for a period not to exceed sixty (60) days from date of proposal opening; to waive informalities in the proposals; and to select the proposal that is in the best interest of the City. A complete copy of the Request for Proposals, invitation to propose, terms and conditions and a detailed description of services required are available by contacting: Woodburn Public Works Department, ATTN: Dago Garcia City Engineer 190 Garfield Street, Woodburn, OR 97071, ph. [PHONE REDACTED], [EMAIL REDACTED], or at the City website http://www.ci.woodburn.or.us/?q=blog-categories/bids-and-rfps. Questions pertaining to this RFP should be directed to Pete Gauthier, project Engineer at [PHONE REDACTED] or [EMAIL REDACTED] Published December 15, 2025 in Daily Journal of Commerce ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 2 TABLE OF CONTENTS SECTION PAGE Title Page Advertisement 1 Table of Contents 2 PART 1 Overview 3 PART 2 Timeline 4 PART 3 Scope of Work 5 PART 4 Proposal Content 8 PART 5 Evaluation of Proposals 10 PART 6 Selection Process 11 PART 7 Submittal Requirements 12 PART 8 Other 13 Attachments Attachment Personal Services Contract Example Attachment Submitting Firm Residency Statement Attachment Certificate of Non-Discrimination ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 3 PART 1 OVERVIEW The City of Woodburn is requesting proposals from qualified State of Oregon licensed electrical contractors for supervising the Master permit and providing Electrician services to the City of Woodburn under a multi-year contract. The Electrician services shall cover all City facilities, including the Wastewater Treatment Plant, lift stations and Water Treatment Plants. The scope of services required by the City of Woodburn in connection with this Request for Proposals covers the entire spectrum of electrical services. The General Scope of Services includes: 1. The Contractor shall be the Supervising Electrician for the City’s Electrical Master Permit. 2. The contractor shall provide all labor, tools, material and equipment to complete the following work: a. Existing buildings: 1) General maintenance and repair of existing domestic and commercial wiring 2) Locating faulty wiring, repairing and troubleshooting electrical systems 3) Providing and installing conduit, wiring, junction boxes, fixtures and electrical equipment to repair or replace existing installations 4) Replacement of electrical equipment, conduits and other equipment that is in need of repair. b. New work or rehabilitation: 1) Provide and install conduit, wiring, electrical fixtures and electrical equipment to repair or replace existing installations. 2) Provide and install conduit, wiring, electrical fixtures and electrical equipment for new installations as required. c. Emergency Work as Required ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 4 PART 2 TIMELINE 11/23/2016 Publication of Solicitation for Proposals 12/28/2016 Deadline for Submission of Proposals 12/28/2016 Opening of Proposals at Woodburn Public Works Department, 190 Garfield Street, Woodburn, Oregon 1/12/2017 Notice of Selection 1/23/2017 Contract Award by City Council 2/1/2017 Commencement of Services 2/1/2020 Expiration of Contract THE CITY RESERVES THE RIGHT TO MODIFY THIS SCHEDULE AT THE CITY’S DISCRETION. ALL INTERESTED PARTIES WILL RECEIVE PROPER NOTIFICATION OF CHANGES. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 5 PART 3 SCOPE OF WORK The electrician services will be provided for the City of Woodburn per the terms and conditions of the attached draft contract. The successful firm shall provide the full range of professional services including, but not limited to, project management, scheduling, reporting, and documentation of electrical services provided. The firm will demonstrate expertise and experience in: 1) General maintenance and repair of existing domestic and commercial wiring; 2) Locating faulty wiring, repairing and troubleshooting electrical systems 3) Providing and installing conduit, wiring, junction boxes, fixtures and electrical equipment to repair or replace existing installations 4) Replacement of electrical equipment, conduits and other equipment that is in need of repair. 5) providing emergency electrical repair services 6) Electrical work associated with wastewater treatment plants, lift stations, and water treatment plants 7) quality control and performance monitoring of services provided, specific to municipal electrical systems 8) Trenching, installation and backfill of underground conduits 9) Installation of electrical pull boxes and vaults 10) Installation of Type 3 Meter pedestals and foundations 11) Installation and/or repair of transformers, panel boards, lighting controls, motor controls (including variable frequency drives), branch and feeder conductors, circuit breakers, fuses, and fusible disconnects 12) Installation of large free standing switch gear and concrete pads 13) Working on live and de-energized circuits 14) Providing coordination of all inspections 15) Installation and/or repair of exterior security, monument, and landscape lighting 16) Related appurtenant electrical work complete and as required in accordance with these Contract Documents 17) Coordination with Public Works staff. The City desires to have an electrical services contract in place by February 1, 2026. The successful firm will be fully operational at the contract start date. The proposal for providing scope of services for electrician services shall outline internal controls that will be used by the successful firm to ensure work is performed in an efficient, cost effective, reliable, and sustained manner that will satisfy the City’s current and future facilities. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 6 Outline of Tasks Task 1: Contract Management and Coordination The Contractor shall work with City to set up basic order agreements as needed for specific work tasks to be performed by the Contractor in conformance with the Contract requirements. The Contractor shall provide a designated contract manager that will provide response to performance, billing, or contract modification issues identified by the City. The Contractor shall provide invoicing for service provided prepared in a format approved by the City. Firm responsibilities include: • Schedule, coordinate, and supervise contract work. • Maintain liaison and coordination with City. • Prepare records of services provided (this includes maintaining work logs required for the Electrical Master Permit). • Monitor contract conformance. Task 2: Electrician Services A. Electrician Services SPECIFICATIONS FOR ELECTRICIAN CONTRACTING SERVICES 1. The Contractor shall be the “Supervising Electrician” for the City’s Master Permit. 2. All work shall be provided in a professional competent manner in accordance with the National Electric Code and applicable City of Woodburn Codes. The Contractor shall comply with all related safety codes including OSHA, National Electric Safety Code and Oregon Department of Transportation & City regulations for traffic control. 3. The Contractor shall perform all requested Electrical work for the City of Woodburn through a basic order agreement (BOA). The City may request an estimate of work to be performed. Each estimate shall set forth the work to be accomplished, time to complete the specified work, and, if available, shall include the materials required and applicable specifications and drawings to be followed. 4. The contractor shall bring to the City’s attention and provide written estimates for extensive repairs or for deficiencies discovered during the course of work. Estimates shall include all time and material charges. The technician must inform the City representative of the repair estimate and request authorization to proceed. Estimates must be approved in advance by the City in accordance with the basic order agreement. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 7 5. While this contract is in force, the City reserves the right to bid any individual project if it is in the best interest of the City. 6. A permit for work not covered under the Electrical Master Permit shall be obtained from Marion County Building Department. All work is subject to inspection by the Marion County Electrical Inspector. 7. Emergency work and minor repairs may be ordered and confirmed verbally then documented in a detailed itemized invoice. 8. The successful bidder shall have electricians available on-call 24 hours a day, seven days a week. The response time for emergency services, reported by the City, will be within two hours. All others shall be within Twenty four (24) hours, or a reasonable time agreed to between the City and the contractor. Before performing any work under this contract, the contractor shall furnish in writing the name(s) and emergency phone number(s) of the contractor’s representative(s) to be contacted during non-business hours. 9. Firm Responsible for Damages. All damages sustained to City facilities due to the performance of this agreement shall be the sole responsibility of the Firm. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 8 PART 4 PROPOSAL CONTENT Proposals must contain and include all information and documentation listed below: A. Provide five copies of the proposal to the City. The proposal shall not be more than ten (10) pages single sided printing, or five pages double sided printing in length, exclusive of the following: • A short cover letter • Executive Summary • Firm background information • Resumes of team members and personnel references B. List firm size and years in business C. Status as a “Resident” or “Non-Resident” bidder under ORS 279A.120 (Required form included as “Attachment D. Documentation of independent contractor status, tax ID number, evidence of incorporation, legal status of entity providing service). E. Completed Non-Discrimination Form: The successful submitting vendor agrees that, in performing the work called for by this proposal, and in securing and supplying materials, contractor will not discriminate against any person based on race, color, religious creed, political ideas, sex, age, marital status, physical or mental handicap. The submitting vendors must certify on the appropriate form that they have not and will not discriminate against a subcontractor or the awarding of a subcontract because the subcontractor is a minority, women, or SBE certified under ORS 200.055. (Required form included as “Attachment F. The submitting firm must include an Executive Summary of relevant background information and a statement indicating that the firm has the ability to complete the described project in a successful manner. G. Provide a proposal section that describes the submitting firm’s understanding of the scope of services sought. H. Demonstrate that the firm and team have experience in providing Electrician services. I. List three references, preferably within the State of Oregon, which can attest to the quality and variety of services provided by your firm. Include a contact name and telephone number with each reference. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 9 J. Describe your firm’s pending work schedule and impacts of availability on your firm’s ability to work on the project following the notice of award. K. If any subconsultants are proposed, provide a list of tasks, the names, responsibilities, and qualifications of those subconsultants. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 10 PART 5 EVALUATION OF PROPOSALS The City will make a competitive based selection, with all scores based on the evaluation criteria listed below. If the City conducts interviews, then the City will use a combination of interview scores and evaluation criteria scores to make a selection. The City will establish a committee (the “Evaluation Committee”) of at least two individuals to review, score, and rank proposals according to the criteria set forth below. Following the evaluation of proposals and ranking of respondent firms, the evaluation committee will select the Firm that provides the “best value” to the City. Evaluation Criteria A. Qualifications of the Firm: The Evaluation Committee will score the proposing firm’s qualifications relating specifically to their ability to complete satisfactorily the scope of services outlined in the Scope of Work. (Maximum Score is 25 Points) B. Firm Qualifications and Demonstrated Accomplishments: The Evaluation Committee will score the demonstrated accomplishments of the proposing firm in the areas identified by the Scope of Work. (Maximum Score is 25 Points) C. Demonstrated Project Understanding: The Evaluation Committee will score the proposing firm’s demonstrated understanding of the scope of services sought. (Maximum Score is 25 Points) D. Organization and Staffing of Proposing Firm: The proposing firm must demonstrate the availability of adequate staff to perform required electrician services. The firm must provide a clear description of supervision and quality control measures implemented in the execution of a service contract. Experience of management staff and Licensed Electricians will be the distinguishing criteria assessed. (Maximum Score is 25 Points) The Evaluation Committee will rank each firm based on the sum of points awarded. The evaluation committee will base points awarded solely on the Evaluation Criteria. A maximum total score of 100 points is possible. The Evaluation Committee will establish a short list of no more than three firms following the proposal evaluation and ranking process to enter into negotiations for the Electrician Services contract. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 11 PART 6 SELECTION PROCESS The City shall use the following selection process: A. Following the ranking of submitted proposal information, the Director of Public Works or his designee will join at least two members of the Evaluation Committee and become the “Selection Committee.” B. The Selection Committee, at its sole discretion, may choose to interview short- listed firms prior to making their final recommendation. C. The Selection Committee shall engage in negotiations whose objective shall be obtaining written agreement on: • Firm’s performance obligations • Compensation to the Firm for services outlined in the Scope of Work • The City will make its own determination concerning the fairness and reasonability of the fee proposed by the Firm. D. If negotiations with the highest-ranking proposer fail to proceed to agreement on Contract terms, the Selection Committee will formally terminate negotiations with that candidate, and begin negotiations with another candidate. E. The Selection Committee will submit its final recommendation to the City Council for formal approval. F. The City will give The Notice of Intent to Award. G. The City Council will award the contract. H. The City and the Firm will execute the Personal Services Contract. ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 12 PART 7 SUBMITTAL REQUIREMENTS The City must receive proposals no later than 2:00 p.m. on December 28, 2016. The City will return proposals received after this deadline, unopened, to the proposer. The City will not accept faxed or emailed proposals. A. Proposal: The proposer will deliver an unbound original and five complete copies of the Proposal to the address shown below. B. Cover Letter: A Cover Letter shall accompany the proposal and it shall state that the proposer accepts all terms and conditions contained in the Request for Proposals and the sample Professional Services Contract (attached). A legal representative of the proposer, authorized to bind the firm in contractual matters, must sign the cover letter. Direct all correspondence pertaining to this RFP to: City of Woodburn Public Works Department Eric Liljequist, Interim Public Works Director 190 Garfield Street Woodburn, OR 97071 Phone: [PHONE REDACTED] FAX: [PHONE REDACTED] E-mail: [EMAIL REDACTED] ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 13 PART 8 OTHER REQUIREMENTS A. Proposal Acceptance: • Proposal shall be legally binding as an offer for a period of 60 days after the closing date. If the City has not accepted a submitting firm’s proposal within sixty-(60) days from the RFP closing date, then the firm may withdraw its proposal. The contents of the Proposal will become a contractual obligation upon acceptance by the City. B. Public Records: • All Proposals shall become the property of the City and are public records unless otherwise specified. A bid that contains any information considered a trade secret under ORS 192.501(2) shall be segregated and clearly identified as such. This information shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. C. Clarification of Proposals • The City reserves the right to obtain clarification of any point in a firm’s proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of the firm’s proposal. D. Form of Agreement • A copy of the standard Personal Service Agreement, which the City expects the successful firm or individual to execute, is included as “Attachment The agreement will incorporate the terms and conditions from this RFP document and the submitted proposal. E. Proposal Rejection • The City reserves the right: o To reject any or all proposals not in compliance with all public procedures and requirements: o To reject any proposal not meeting the specifications set forth herein: o To waive any or all irregularities in proposals submitted; o To reject all proposals: o To award any or all parts of any proposal; and o To request references and other data to determine responsiveness F. Protest Process ---PAGE BREAK--- REQUEST FOR PROPOSAL – ELECTRICIAN SERVICES 14  Protests to this RFP must be in writing and must be submitted in the form and manner prescribed by the Oregon Attorney General’s Public Contracting Rules and the City of Woodburn Public Contracting Rules. ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT 15 PERSONAL SERVICES AGREEMENT ELECTRICAL SERVICES (SAMPLE) THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter referred to as “CITY”), and a (hereinafter referred to as “CONTRACTOR”). WHEREAS, CITY needs certain professional personal services; and WHEREAS, CITY wants to engage CONTRACTOR to provide these services by reason of its qualifications and experience; and WHEREAS, CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein, NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 – SCOPE OF SERVICES The Scope of Work to be performed by CONTRACTOR under this Agreement is described in the body of the RFP, which is included in this Agreement by reference. Additionally, CONTRACTOR’s proposal in response to CITY’s RFP is incorporated by reference as part of this Agreement as if fully set forth. SECTION 2 – DUTIES OF CONTRACTOR A. CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work. B. CONTRACTOR represents that it is qualified to furnish the services described in this Agreement. C. CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform its services. D. It is understood that be designated by CONTRACTOR as the person providing services to CITY under this Agreement and that this designated person shall not be replaced without CITY’s approval. ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 16 SECTION 3 – DUTIES OF CITY A. CITY shall provide CONTRACTOR the pertinent information regarding CITY’s requirements for the Project. B. CITY shall examine documents submitted by CONTRACTOR and shall render decisions to avoid unreasonable delay in the progress of CONTRACTOR’S work. C. CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this Agreement. D. The contact person on the Project for CITY is designated as Eric Liljequist, Public Works Director. CITY shall provide written notice to CONTRACTOR if CITY changes its contact person. SECTION 4 – TERM The services to be performed under this Agreement shall commence upon execution of the Agreement by both parties and be completed on or before February 1, 2017 and shall terminate December 31, 2019. Upon agreement of both parties, this Agreement may be extended annually for up to two years. SECTION 5 – PAYMENT All work shall be approved by the City of Woodburn prior to commencement of work. For all work, other than emergency repairs and incidental minor repairs, the contractor will provide a written scope of work and estimate/quote to be approved and a Purchase Order issued prior to commencing work. Payment shall be made by CITY to CONTRACTOR only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full performance of the services set forth in the RFP, CITY agrees to pay CONTRACTOR based on the fee schedule in the Contractor’s proposal. . SECTION 6 – TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Electrician Services for any reason upon ten (10) days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice. SECTION 7 – OWNERSHIP OF DOCUMENTS ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 17 All documents prepared by CONTRACTOR in the performance of this Agreement, although instruments of personal service, are and shall be the property of CITY. SECTION 8 – CONFIDENTIALITY All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement shall be considered as confidential by CONTRACTOR until they are released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. SECTION 9 – INTEREST OF CONTRACTOR CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SECTION 10 – CONTRACTOR’S STATUS It is expressly agreed that in the performance of the personal services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor, under control of CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement. Section 11 – INDEMNITY CONTRACTOR agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this Agreement by CONTRACTOR, its officers or employees. CONTRACTOR agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, or willful misconduct, of CITY. SECTION 12 – INSURANCE CONTRACTOR shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 for each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Workers Compensation in at least the minimum statutory limits. ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 18 D. All insurance shall: 1. Include CITY as an additional insured with respect to this Agreement and the performance of services in this Agreement. 2. Be primary with respect to any other insurance or self-insurance programs of CITY. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance provided to CITY. 4. No changes in insurance may be made without the written approval of CITY. SECTION 13 – NONASSIGNABILITY Both parities recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY. SECTION 14 – RELIANCE UPON PROFESSIONAL SKILL OF CONTRACTOR It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to perform the work. The acceptance of CONTRACTOR'S work by CITY does not operate as a release of CONTRACTOR from said obligation. SECTION 15 – WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement of any applicable law or ordinance. SECTION 16 – STATE PUBLIC CONTRACT PROVISIONS All requirements of ORS Chapters 279A, 279B, and 279C including but not limited to the following, as applicable, are incorporated herein by reference. ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 19 A. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished by any person in connection with this Contract as such claim becomes due, City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized above shall not relieve the Contractor or its surety from its obligation with respect to any unpaid claims. B. Contractor and its subcontractors, if any, are subject to Oregon Workers’ Compensation Law, which requires all employers that employ subject workers who work under this Contract in the State of Oregon to comply with ORS 656.017 and provide the required workers’ compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors, if any, complies with these requirements. C. Contractor shall, upon demand, furnish to the City, written proof of workers’ compensation insurance coverage. Contractor is required to submit written notice to the City thirty (30) days prior to cancellation of said coverage. D. Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract. E. Contractor is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Contract. F. Contractor agrees and certifies that it is a corporation in good standing and licensed to do business in the State of Oregon. Contractor agrees and certifies that it has complied and will continue to comply with all Oregon laws relating to the performance of Contractor’s obligations under this Contract. G. Contractor shall: G.1 Make payment as due, to all persons supplying to the Contractor labor and material for the prosecution of the work provided for in the contract documents; G.2 Pay all contributions or amounts due to the State Accident Insurance Fund incurred in the performance of this Contract; G.3 Not permit any lien or claim to be filed or prosecuted against the City on account of any labor or material furnished; and G.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 20 H. The Contractor shall as due, make payment to any person, co- partnership or association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employee of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys 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 service. I. The CONTRACTOR shall pay employees for overtime work performed under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29USC201 et. seq.). J. An employer must give notice to employees who work on a contract for services in writing, 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. K. Contractor will comply with 279.835 et seq. in the procurement of products and services from a nonprofit agency for disabled individuals. SECTION 17 – ATTORNEY FEES In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by the trial and appellate courts respectively. SECTION 18 – NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: TO CITY: TO CONTRACTOR: City of Woodburn Public Works Department Eric Liljequist, Acting Director 190 Garfield Street Woodburn, OR 97071 ---PAGE BREAK--- ATTACHMENT PERSONAL SERVICES AGREEMENT PAGE 21 SECTION 19 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated Agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR SECTION 20 – GOVERNING LAW This Agreement shall be governed by the laws of the State of Oregon. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year written. CITY OF WOODBURN: CONTRACTOR: By: By: City Administrator Title: Title: Date: Date: ---PAGE BREAK--- ATTACHMENT BIDDER/PROPOSER RESIDENCY STATEMENT PAGE 1 BIDDER/PROPOSER RESIDENCY STATEMENT Pursuant to ORS 279A.120, Oregon’s Reciprocal Preference Law, public contracting agencies shall, for the purposes of determining the lowest responsible bidder/proposer and the awarding of a contract, add a percent increase on the bid of a non-resident bidder/proposer equal to the percent, if any, of the preference given to that bidder/proposer in the state in which the bidder/proposer resides. As defined in ORS 279A.120, “Resident Bidder/proposer” means a bidder/proposer that has paid unemployment taxes or income taxes in this state in the twelve calendar months immediately preceding submission of the bid, has a business address in this state, and has stated in the bid whether the bidder/proposer is a “Resident Bidder/proposer”. A “Non-resident Bidder/proposer” is a bidder/proposer who does not meet the definition of a “Resident Bidder/proposer” as stated above. 1. Bidder/Proposer  IS  IS NOT a “Resident Bidder/proposer” as set forth above. 2. If a Resident Bidder/Proposer, enter your Oregon Business address below: 3. If a Non-resident Bidder/Proposer, enter state of residency: Bidder/Proposer hereby certifies that the information provided is true and accurate. Signature: Date: Printed or Typed Name: Title: Firm: Telephone: ---PAGE BREAK--- ATTACHMENT CERTIFICATE OF NON-DISCRIMINATION Pursuant to ORS 279A.110, discrimination in subcontracting is prohibited. Any contractor who contracts with a public contracting agency shall not discriminate against minority, women or emerging small business enterprises in the awarding of contracts. By signature of the authorized representative of the bidder/proposer, the bidder/proposer hereby certifies to the City of Woodburn that this bidder/proposer has not discriminated against minority, women, or emerging small business enterprises in obtaining any subcontracts; and, further, that if awarded the contract for which this bid or proposal is submitted, shall not so discriminate. Date: Signature: Printed or Typed Name: Name of Firm: CERTIFICATE OF NON-DESCRIMINATION PAGE 1