From: Gerald Fisher

Sent: Wed Jan 22 15:15:42 2020

To: Dan Huff

Subject: FW: Future project contract language

Importance: Normal

FYI

From: Gerald Fisher

Sent: Wednesday, January 22, 2020 3:15 PM

To: Ryan Quigley <rquigley@dyerpart.com>; Steve Major <smajor@dyerpart.com>

Subject: Future project contract language

To avoid future issues from projects who shall not be named, our attorney recommend some language for bidding and contract documents. I’ve tried to wordsmith into something that you can use and we can tweak if needed.

“Contractors shall state whether they have ever been terminated under a public contract. If termination exists, the city shall declare the bidder to be non-responsible and therefore not eligible for award.”

He said that Oregon case law recognizes the authority and discretion agencies have to determine whether a contractor is responsible or not. There will need to be a sentence where the contractor can check yes or no in the bidding documents. This will lock out our latest contractor, Kerr, and ML Houck. Let me know if you have any questions.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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