HomeMy WebLinkAboutItem 08 Approve a Contract for FireMed Program Marketing and Advertising AGENDA ITEM SUMMARY Meeting Date: 2/4/2013
Meeting Type: Regular Meeting
Staff Contact/Dept.: Randall B. Groves
Staff Phone No: 726-2292
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Financially Responsible
and Stable Government
Services
ITEM TITLE:
APPROVE A CONTRACT FOR FIREMED PROGRAM MARKETING AND
ADVERTISING
ACTION
REQUESTED:
By motion:
• Authorize City Manager to enter into a contract with Treeman Design,
in the amount not to exceed $250,000 for 2013 FireMed Campaign
advertising and marketing services.
ISSUE
STATEMENT:
The FireMed program is beginning the 2013 FireMed membership campaign,
April 1 – June 30, 2013. Eugene Fire & EMS and Lane Rural Fire/Rescue
remain as partners with Springfield Fire & Life Safety. Life Flight Network,
LLC has been given partnership status as well.
ATTACHMENTS: 1. Treeman Design Contract
DISCUSSION/
FINANCIAL
IMPACT:
FireMed accomplishes its large marketing campaign by pooling resources from
FireMed agencies, clients, and Life Flight. Springfield provides program
administration and coordination for the City of Eugene, Lane Rural Fire/Rescue,
and Ashland Fire & Rescue. FireMed provides marketing, customer support, and
data entry for Life Flight, LLC as an additional partner in the consortium.
An RFP selection process was conducted and the FireMed partners recommend
Treeman Design as the marketing and advertising agency for the upcoming 2013
campaign.
Treeman Design brings a fresh perspective to the FireMed Program. They will aim
to tailor their strategies to specific target markets through the use of variable data
and a more ‘personalized’ approach. In partnership with QSL Print, Treeman
Design brings a wealth of local knowledge, experience, and technology to the
FireMed team.
For the 2012 campaign the Springfield FireMed memberships decreased 1.6%
with a corresponding revenue decrease of approximately 2%. Springfield’s
membership revenue netted $668,812. The total membership revenue for all
FireMed partners was over $2.5 million.
For the FY12 FireMed campaign, program expenditures accounted for $498,705
and of that $292,407 was for marketing and advertising. Springfield’s share of
the total FireMed program expense was $121,392. The total adopted program
expenditures for FY13 are $480,700 and Springfield’s share is estimated to be
$117,009.
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Contract #923
Dated: February 5, 2013
Parties: The City of Springfield (“CITY”)
A municipal corporation in the State of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
Treemen Design (“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 296 East Fifth Ave, Suite 320, Eugene, OR 97401
C. Telephone: 541-344-7449
D. Fax No: 541-344-1504
E. SSN or Fed. I.D. No:
F. Professional License(s) No:
G. Oregon Agency Issuing License:
H. Foreign Contractor Yes No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B (11).
CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
615-35401-633001 50%
615-65401-645001 50%
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule
described in Attachment 1 attached hereto and incorporated herein by this reference and in an
amount not to exceed $250,000.
2. Invoice. Invoice to be sent to: Liz Kelly, c/o Springfield Fire & Life Safety, 225 Fifth Street, Springfield,
OR 97477. Invoice will be paid on net 30 day terms upon City acceptance of work or services
performed.
3. Services to be Performed by Independent Contractor. Independent Contractor shall design,
develop and manage overall advertising and marketing campaign services for the FireMed consortium
described in Attachment 1.
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4. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30,
2014 unless earlier terminated in accordance with the provisions of this Agreement or by mutual
consent of the parties. This agreement may be amended annually, to extend the term stated herein,
for not more than four successive one-year periods, upon mutual agreement of the parties. In
addition, at the time of amendment, City will set the amount of the contract for the following term of the
agreement. In negotiating any extension, City shall consider the requirements of the SMC Section
2.708(3) and each extension shall not be effective until reviewed and approved by the Springfield
Common Council.
5. Sourcing. Independent Contractor awarded Agreement as a result of the City of Springfield RFP
#801, closed January 4, 2013.
6. Independent Contractor Status. By its execution of this Agreement, Independent Contractor
certifies its status as an “Independent Contractor” as that term is used under the laws of the State of
Oregon, and that all performance of any labor or services required to be performed by Independent
Contractor under the terms of this Agreement shall be performed in accordance with the standards set
forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and
incorporated herein by this reference.
7. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor
shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited
to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth on
Exhibits “A” and “B” attached hereto and incorporated herein by this reference.
8. Work Performed. The work to be performed by Independent Contractor includes services generally
performed by Independent Contractor in his/her/its usual line of business.
9. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and
local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not
limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold,
pay, or in any other manner be responsible for payment of any taxes on behalf of Independent
Contractor.
10. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by
CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
11. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
12. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts
on behalf of CITY, it’s officers, agents and employees. This Agreement shall not create a partnership
or joint venture of any sort between the parties.
13. Federal Employment Status. In the event payment made pursuant to this Agreement is to be
charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent
Contractor’s normal charge for the type of services provided
14. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities
for the work, and bear all losses and damages directly or indirectly resulting to the Independent
Contractor, the City, or to others on account of the character or performance of the work, unforeseen
difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume
defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims,
liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting
from activities in the performance of the Contract, the ownership, maintenance or use of motor
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vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent
Contractor or any Subcontractor under the Contract or any way arising out of the Contract, irrespective
of whether any act, omission or conduct of the City connected with the Contract is a condition or
contributory cause of the claim, liability loss, damage or injury and irrespective or whether act,
omission, or conduct of the Independent Contractor or Subcontractor is merely a condition rather than
a cause of a claim, liability, loss damage or injury. The Independent Contractor shall not be liable for
nor be required to defend or indemnify, the City relative to claims for damage or damages resulting
solely from acts or omissions of the City, its officials, agents or employees. The absence of or
inadequacy of the liability insurance required in section 15 below shall not negate Independent
Contractor’s obligations in this paragraph.
15. Insurance.
15.1. General Insurance. The Independent Contractor shall maintain in force for the duration of
this agreement a Commercial General Liability insurance policy written on an occurrence
basis with limits not less than $2,000,000 per occurrence and $3,000,000 in the aggregate for
bodily injury or property damage. The policy will contain a “per project” Aggregate
endorsement. Automobile Liability (owned, non-owned and hired) insurance with limits not
less than $1,000,000 per occurrence shall be maintained. The City, its employees, officials
and agents will be named as an Additional Insured where operations are being conducted
related to this contract, on the General Liability policy as respects to work or services
performed under this Agreement to the extent that the death or bodily injury to persons or
damage to property arises out of the fault of the Independent Contractor or the fault of the
Independent Contractor’s agents, representatives or subcontractors. This insurance will be
primary over any insurance the City may carry on its own. Independent contractor
understands that CITY is a public entity subject to the requirements of the Oregon
Governmental Tort Claims Act, ORS 30.260 et seq. In the event that CITY’S financial
obligations or liabilities are modified by any amendment to the liability limits imposed by the
Oregon Governmental Tort Claims Act, Independent contractor agrees that the limits
regarding liability insurance set forth in this Section15.1 will be modified to conform to such
limits. Independent contractor and CITY shall sign an amendment to this Agreement
incorporating such modification.
15.2. Professional Liability. Independent Contractor shall maintain in force during the duration of
this Agreement (and, if it is a claims made policy, for a year following completion of the
project) a professional liability policy, approved by the City’s Risk Manager as to terms,
conditions and limits.
15.3. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage for its employees, officers, agents, or partners, as required by
applicable workers’ compensation laws. If Independent Contractor is exempt from coverage,
a written statement signed by Contractor so stating the reason for the exemption shall be
provided to the City.
15.4. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by
an insurance company satisfactory to the City shall be provided to the City by way of a City
approved certificate of insurance before any work or services commence.
15.5. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall
contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Contractor shall provide written notice to the City contract
manager within 2 calendar days after the Contractor becomes aware that their coverage has
been canceled or has been materially changed. The Contractor shall either fax 541-726-3782
said notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the
City. Regardless of what circumstances caused Contractors insurance coverage to cease or
be modified, it is the contractor’s responsibility to notify the City. Failure to maintain proper
insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract.________(Contractor initials)
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15.6. Equipment and Material. The Independent Contractor shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction with
the work.
15.7. Subcontractors. The Independent Contractor shall require all subcontractors to provide and
maintain general liability, auto liability, professional liability (as applicable), and workers’
compensation insurance with coverage’s equivalent to those required of the general
contractor in this contract. The Independent Contractor shall require certificates of insurance
from all subcontractors as evidence of coverage.
15.8. Exception or Waivers. Any exception or waiver of these requirements shall be subject to
review and approval from the City’s Risk Manager.
13. Termination. The performance of work under this Agreement may be terminated by CITY, in whole or
in part, whenever for any reason CITY shall determine that such termination is in the best interest of
CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Independent
Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY
shall, by agreement, make an appropriate written modification to this Agreement governing completion
of portions of the independent Contractor’s work and payment therefore by CITY.
14. Rights In Data. All original written material, including programs, card decks, tapes, listings, and other
documentation originated and prepared for CITY pursuant to this Agreement, shall become
exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during the
course of this Agreement by Independent Contractor personnel can be used by either party in any way
it may deem appropriate. Material already in Independent Contractor’s possession, independently
developed by Independent Contractor outside the scope of this Agreement, or rightfully obtained by
Independent Contractor from third parties, shall belong Independent Contractor. This agreement shall
not preclude Independent Contractor from developing materials which are competitive, irrespective of
their similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent
Contractor shall not, however, use any written materials developed under this Agreement in
developing materials for others, except as provided in this section.
15. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,
employees, or contractors, may receive confidential information. Independent Contractor agrees to
use its best efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information.
16. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or
sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any
obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties to
this Agreement as if no such assignment had occurred.
17. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
18. Compliance With All Government Regulations. Independent Contractor shall comply with all
Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of contract
and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
19. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
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20. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused
by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may
terminate this Agreement upon written notice after determining such delay or default will unreasonably
prevent successful performance of the Agreement.
21. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the
performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and
hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with
such claim or suit.
22. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
23. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts and transcripts.
24. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
25. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY, No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties, or ordered
by a Court.
26. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal
and State civil rights and rehabilitation statutes, rules and regulations.
27. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
28. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the
State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of the
State of Oregon, County of Lane.
29. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement
and supersedes all prior and contemporaneous oral or written communications between the parties,
their agents and representatives. There are no representations, promises, terms, conditions or
obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
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Date: Date:
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EXHIBIT “A”
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person’s residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person provides contracted services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the authority to fire those persons.
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EXHIBIT “B”
City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279B.220(1)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal
corporation or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) 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 the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the 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. All employers shall comply
with ORS 656.017. ORS 279B.230.
7) 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) 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; 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
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An 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. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked 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. 201-209 from receiving overtime. ORS 279B.235(3).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(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. 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 hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(1)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal
corporation or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a
good faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a
person furnishing 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. ORS 279C.515.
16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) 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 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; or,
b) For all overtime in excess of 10 hours in anyone day or 40 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. ORS 279C.520(1).
An employer 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. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked 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. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(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. An 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. ORS 279C.520(5)
20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have
enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions
at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under
ORS 279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the
successful bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the
ordinances, rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the
condition to the contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard
to the condition encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS
279C.525.
21) 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 the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the 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. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
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