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1995-14392-Resolution No. 95-023 Recorded 5/4/1995VIEWED 95-1439 LEGA COUNS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COONT'7,1 OREGON A Resolution Authorizing Signature 01445m12 of Personal Services Contract Number C-95-023 with David Evans and Associates RESOLUTION NO. 95-023 WHEREAS, Deschutes County wishes to enter into a personal services contract, labeled Personal Services Contract Number C-95-023, with David Evans and Associates for engineering services for the Fall River Bridge; and WHEREAS, this Contract has been reviewed by the Department of Public Works and Legal Counsel and has been found to be acceptable to both; and WHEREAS, the Board of County Commissioners is familiar with said contract and agrees that the County should enter said contract; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the Director of Public Works and an attorney from the Office of Legal Counsel are authorized to enter into Personal Service Contract Number C-95- 023 with David Evans and Associates on behalf of the County for engineering services for the Fall River Bridge. DATED this day of 1995 BOARD OF COUNTY COMMISSIONERS OF D SCHUT_E_S) C TY, OREGON 1 - RESOLUTION 95-000 , COMMIS SIONER ER "-CRO LMED MAY 10 19,9,9 0H& -1266 LOCAL AGENCY PERSONAL SERVICES CONTRACT NO. 95-003 This contract is between the Deschutes County acting by and through its Elected Officials, hereafter called Agency, and DaVla vans ana ASSO(lates — hereafter called Contractor. Agency's supervising representative for this contract is Tom 6 ust, OUn y Enqi neer Effective Date and Duration This contract shall become effective on MJay 1, _ 1995 (or on the date at which every party has signed this contract, and when required, the Oregon Department of Transportation (ODOT) has concurred. with this contract, or whichever date is later):. This contract shall expire, unless otherwise terminated or extended, on 8/ 1 /95 Statement of Work (a) The statement of work is contained in EXHIBIT A attached hereto and by this reference made apart hereof. (b) The delivery schedule for the work is identified in EXHIBIT A. Consideration (a) Agency agrees to pay Contractor a sum not to exceed S_ 2- 000 for accomplishment of the work, Including any allowable expenses. (b) Interim payments shall be made to Contractor according to the schedule identified in EXHIBIT A. Travel and other expenses Reimbursement of travel and other expenses is allowed only in accordance with current State of Oregon Management/Executive service employee rates. Amendments The terms of this contract shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by the parties. Terms and conditions listed on backeide CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE N ame (please print): David Evans and Associates Address: 709 N.W. Wall St., Suite 102 Social Security 4: Rend, OR 97701-2744 Federal Tax ID a:�3-066-1195 StatcTax ID tt 133-452-2 Citizenship: Nonresident alien ❑ Yes ❑ No Business Designation (check one): ❑ Individual ❑ Sole Proprietorship ❑ Partnership ❑ Estate/Trust ❑ Corporation ❑ Public Service Corporation ❑ Governmental /Nonprofit Payment information will be reported to the IRS under the name and taxpayer I.D. number provided above. Information must be provided prior to contract approval. Information not matching IRS records could subject you to 20 percent backup withholding. I, the undersigned, agree to perform work outlined in this contract in accordance to the terms and conditions (listed on the front and backside and made part of this contract by reference) and the statement of work made part of this contract by reference; hereby certify under penalty of perjury that I/my business am not/is not in violation of any Oregon tax laws; and hereby certify I am an independent contractor as defined in ORS 670.600. Approved by the Contractor. Signature/Title AGENCY AND OTHER SIGNATURES Approved by Agency: Agency Representative/Title Approved by Agency Legal Counsel Agency Legal Counsel Concurrence by the Oregon Department of Transportation Manager, Program S.-ction Rcv.9/20/93 Date Date Date Date .. - .. 0145--1267 LOCAL AGENCY 'STANDARD CONTRACT PROVISIONS FOR PERSONAL SERVICES (NON -PERS MEMBERS) L Retirement System Status Contractor is not a contributing member of the public Employees• Retirement System and Will be responsible (or any federal or state taxes applicable to any compensation or payments paid to contractor under this contract. Contractor will not be eligible for any •, benefits from these contract payments of federal Social Security, unemployment insurance, or workers compensation, except As a self-employed individual. L Effective Date and Duration The passage of the contract expiration date (as recorded on reverse side) shall not extinguish, prejudice, or limit either party s right to enforce this contract with respect to any default or defect in performance that has not been cured. 3. Government Employment Status If this payment is to be charged against federal funds, the Contractor certified that it is not currently employed by the federal government Contractor further certifies that it is not currently employed by the State of Oregon. L Subcontracts and Assignment Contractor shall not enter into any subcontracts for any of the work scheduled under this contract or assign or transfer any of its interest in this contract, without the prior written consent of the Agency. Subcontracts exceeding 570,000 in cost shall contain all required provisions of the prime contract S. Dual Payment Contractor shall not be compensated for work performed under this contract by any other Department of the State of Oregon or Agency. 6. Funds Available and Authorized Agency certified at the time of entering into this contract that sufficient funds are available and authorized for expenditure to finance costs of this contract within the Agency's appropriation or limitation. Contractor understands and agrees that Agency's payment of amounts under this contract attributable to work performed after the current fiscal period is contingent on Agency receiving from the Agency's governing body sufficient appropriations, limitations or other expenditure authority. Contractor also understands and agrees that Agency's payments of amounts under this contract attributable to work performed after June 30, 1995, is contingent on ODOT receiving from the Oregon Legislative Assembly sufficient appropriations, limitations, or other expenditure authority. In the event the Agencys governing body or the Oregon Legislaive Assembly. fails to approve sufficient appropriations, limitations or other expenditure authority, Agency may terminate this contract, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 7. Termination (a) This contract may be terminated by mutual consent of both parties, or by the Agency upon 30 days notice. In writing and delivered by certified mail or in person. (b) Agency may terminate this contract effective upon delivery of written notice to the Contractor, or at such later date as may by established by the Agency , under any of the following conditions: (i) If Agency funding from federal, sute, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quAntity of services. The contract may be modified to accommodate a reduction in funds. (ii) If federal or stale regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contractor are no longer eligible for the funding proposed for payments authorized by this contrail (iii) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this contract is for any reason denied, revoked, or not renewed. Any such termination of this contract under subparagraphs 7(a) or 7(b) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. (c) Agency by written notice of default (including breach of contract) to the Contractor may terminate the whole or any part of this agreement: G) If the Contractor fails to provide services ca)led for by this contract within the time specified herein or any extension thereof, or (ii) If the Contractor fails to perform any of the other provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from the Agency, (ails to correct such failures within 10 days or such longer period as the Agency may authorize. The rights and remedies of the Agency provided in the above clause related to defaults (including breach of contract) by the Contractor shall not be exclusive and are in addition to any other rights and remedies provided by law of under this contract. S. Access to Records Agency, the Secretary of State's Office of the Sute of Oregon, the Oregon Department of Transportation, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the pupo c of making audit examination, excerpts, and transcripts for a period of three (3) years after final payment Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by Agency. 9. State Tort Claims Act Contractor is not an officer, employee, or agent of the State of Oregon or Agency as those terms are used in ORS 30.265, 10. Compliance with Applicable LAW Contractor shall comply with all federal, stale, and local taws and ordinances applicable to the work under this contract. Including those on DtHIBIT 8 which is attached hereto and by this reference made a part hereof. Contractor agrees that the provisions of ORS 279312, 279.314.279-316, 279324 and 279.733 shall apply to and govern the performance of this contract Contractor shall certify compliance with ORS 670.600, as set forth on EXHIBIT C which is attached hereto and by this reference made a part hereof. ll.a Indemnity -Claims for Other than professional liability Contractor shall defend, save and hold harmless the Stale of Oregon and Agency, their officers, agents. and employees, from all claims, suites, or actions of whatsoever nature, including intentional acts, resulting from or arising out of the activities of Contractor or its subcontractors ,agents or employees under this agreement. llb Indemnity -Claims for Professional Liability Contractor shall defend, save and hold harmless the State of Oregon and Agency, their officers, agents, and employees, from all claims, suits, or actions arising out of the professional negligent acts, errors or omissions of Contractor or its subcontractors and subconsultants, agents or employees in performance of professional seniccs under this Agreement. 12. Insurance EXHIBIT 8 is hereby referenced and made a part of this contract. 13. Ownership of Work Product All work products of the Contractor which result from this contract ate the exclusive property of the Agency. 14. Nondiscrimination Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes. rules, and regulation. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Pub L No. 101.336) including Title 11 of that Act ORS 659.425, and all regulations and administrative rules establuhed pursuant to those laws. 1S. Successors in Interest The provisions of this contract shall be binding upon and shall inure to tc.c bcnc:rt of the parties hereto, and their respective successors and assign. 16. Force Majeure Neither party shall be hold responsible for delay or default caused by lire, civil unrest. tabor unrest acts of trod and war which is beyond such party's roasonabk control. Each party shall, however, make all reasonable efforts to remove or eliminate "h a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance or its obligations under the contract 17, Severability The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction 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 obl:galions of the parties shall be construed and enforced as if the contract did not comm the particular term or provision held to be invalid. 18. Waiver The failure of the Agency to enforce any provision of this contract shall rot constitute a waiver by the Agency of that or any other provision. 19. Other Requirements If federal funds are involved in this contract, MIIBITS D and E will reeu:m additional certification and signature by Contractor. 20. Execution and Counterparts This contract may be executed in several counterparts, each of which shall be an original. all of which shall constitute but one and the same instrument 21. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and -i;-.out additional cost. 22. Governing Law The provisions of this contract shall be construed in accordance with the -visions of the laws of the S:a:e of Oregon. Any action or suits involing any question i's ng under this contract mus: bebrought in the appropriate court of the State of Oreger. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTES THE ENTIRL AGREEMENT BETWEEN THE PARTIES. NO WAIVER.. CONSENT. MODIFICATION, OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PATTIES. SUCH WAIVER, CONSENT, MODIFICATION, OR CHANCE IF MAD=_ SHALL BE EFFECTIVE ONLY IN SPECIFIC INSTANCES AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS. ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE OF ITS AUTHORI%l:D REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE HAS RE -4,0 THIS CONTRACT, UNDERSTANDS IT AND AGREES TO HF. ROUND BY l- TERMS AND CONDITIONS. p LOCAL AGENCY CONTRACT EXHIBIT A Part I of 3 Statement of Work and Delivery Schedule PRELIMINARY ENGINEERING 0145-1268 A. SCOPE OF WORK 1. The objective of the project is to develop any required environmental documents, produce preliminary and final plans, special provisions to the "Oregon Standard Specifications for Highway Construction" and cost estimates, permit applications, and conduct any required public hearings in conformance with FHWA rules and regulations, the Oregon Action Plan, and local land use ordinances. Z. The scope of work to be performed by Contractor shall include all engineering services related to the location and design of the project including but not limited to, the following: To be performed by: AGENCY ODOT CONTRACTOR ® ❑ ❑ Coordinate Agency/ODOT meetings ❑ ❑ ® Preliminary field surveys ❑ 0 ❑ Foundation investigations ❑ 0 ❑ Hydraulic studies and reports ❑ NOT ❑ APPLICABLE ❑ Project Prospectus Part 3 : Project Environmental Classification ❑ ❑ ❑ Draft and final environmental documents ® ❑ ❑ Prepare applications and obtain all required permits ❑ © ❑ Prepare preliminary design Al 0145-1269 ❑X ❑ ❑ Prepare right-of-way descriptions X❑ 0 Prepare ficial plans ❑ ❑ ❑ Compute quantities and cost estimates ❑ ❑ ❑ Prepare preliminary special provisions ® ❑ Prepare final special provisions ❑ ❑ ❑ Submit plans, special provisions, and cost estimates to ODOT ❑ ❑ Revise plans and special provisions as required by the ODOT ❑ ❑ Other (specify) SEE ATTACHED SCOPE OF WORK 3. Construction plans shall be in conformance with standard practices for ODOT for plans prepared by its own staff. Procedures shall be consistent with the provisions of the current editions of the various manuals pertaining to design which are published or endorsed by ODOT and the FHWA. The Contractor shall make such minor changes, modifications or revisions in the details of the work as may be required by the Agency. When alternatives are to be considered, the Agency shall have the right of selection. 4. ODOT and the FHWA reserve the right to initiate conferences with the Agency and the Contractor to review the work in progress. As a minimum, conferences will be arranged prior to proceeding with any work on the project, upon completion of the field survey work and prior to proceeding with final design. For structural design projects, a preliminary plan with a complete hydraulic report, if appropriate, and a preliminary foundation report will be required prior to proceeding with final design. If a hydraulic report is necessary, it shall contain the folloNving information: a. Discussion of hydrology of site which should include but is not limited to the following: 1. Contributing drainage area at site. 2. Flood frequency versus peak discharge relationship of site. A2 0145-12'70 b. Local knowledge of past floods at site. c. Backwater analysis of existing structure and proposed structure. Backwater analysis should be done for the following floods: 1. Structures within a regulatory floodway: a 100 -year design flood, and either a roadway overtopping flood or a 500 -year flood, whichever occurs more frequently. 2. Structures outside a regulatory floodway: a 25 -year design flood, a 100 -•ear flood and either a roadway overtopping flood or a 500 -year flood whichet•cr occurs more frequently. ODOT shall prepare the contract and bidding documents, advertise for construction bid proposal and award all contracts. 5. ODOT shall assign a liaison person to provide advice and guidance to Contractor and to monitor work in progress for conformance with FHWA and ODOT rules and regulations pertaining to acceptable procedures, standards and related report fonns during the preliminary engineering and design phases of the project. All billings due contractor must be approved by the liaison person prior to presentation to the ODOT Accounting Office for payment. B. DESIGN CRITERIA 1. Design Standards for all projects shall meet the requirements of the Intermodal Surface Transportation Efficiency Act of 1991. In addition, all projects on the Oregon State Highway System shall be in compliance to Standards specified in the current ODOT Highway Design Manual and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. ::11 specifications for the project shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction. 2. Title sheets, typical section sheet, pipe data sheets and "Federal -Aid" plan and profile sheets may be obtained from ODOT Central Stores. The "Oregon Standard Specifications for Highway Construction", the "Standard Drawings" and "A Guide to Contractors and Local Agencies Preparing Federal -Aid Contract Road Plans" mai• be obtained from the ODOT Roadway Section. C ITEMS FURNISHED TO CONTRACTOR Agency shall furnish the Contractor with any available copies of plans, profiles, cres4z" sections, or other data which may facilitate development of the project and tie preparation of preliminary plans, special provisions and cost estimates. This does not preclude access to public reports and files of ODOT and Agency or the use of other existi:10 data available in a form usable by the Contractor. Compilation, tabulation, and analysis of data by ODOT or Agency are not to be expected by Contractor unless specifically stated under Scope of Work. A3 0145-12'71 D. DOCUMENTS FURNISHED BY CONTRACTOR 1. All documents prepared by Contractor pursuant to this agreement shall be property of Agency. Contractor may retain copies thereof for its records. Reuse of work product created by Contractor for a purpose not originally intended by parties shall be at the sole risk of such user. 2. The following documents shall be furnished to the Agency by the Contractor: a. One original copy of the draft and/or environmental documents, including ali original project graphics. b. Two copies of the completed contract drawings and Special Provisions to the Standard Specifications. c. Two copies of itemized cost estimate for construction of the project. d. One set of contract plans on permanent scale stable reproducible to a scale that «�l! be readable when reduced to one-half size, with one copy of all reports and drawings pertaining thereto, plus an equal number of revised copies, if reviet.. discloses that revisions are necessary. e. One copy of all survey notes taken by Contractor. f. One copy of the quantity and design computations 3. Contractor should be aware of the following requirements and responsibilities: a. That the project is to be designed within the scope of available funding. b. That the base design proposed has been established by a rational design methoc acceptable to ODOT and/or the FHWA. c. The project is to be developed in conformance with FHWA rules and regulatior6 and the Oregon Action Plan. d. All required permits are to be identified and obtained unless specifically stated under Scope of Work. E. TIME OF BEGINNING AND COMPLETION 1. Contractor shall not proceed with any phase of the work covered by this agreemen. prior to receiving written authorization from Agency to proceed. 2. Established agreement expiration date shall not be extended because of ar'�* unwarranted delays attributable to Contractor, but may be extended by Agency in ti,e event of a delay attributable to Agency or because of unavoidable delays caused by Gi Act of God, governmental actions, or other conditions beyond the control of Contractor. A4 0145-12`72 I Delays attributable to or caused by one of the parties hereto amounting to 60 days or more affecting the completion of the work may be considered a cause for renegotiations or termination of this agreement by the other party. 4. Changes in agreement workscope, project cost, or expiration date must be submitted as supplemental agreements. All supplements must be executed during the effective dates of this agreement and receive approval by FHWA and concurrence by ODOT prior to execution. F. ENDORSEMENT OF DATA Contractor shall place his official Oregon Registered Engineer endorsement on afl engineering data furnished to the Agency. A5 W J D 0 w U } w J w O t - U w a d 0145-12'73 Qi H w w x z c w Q x� U Q W x U 6 H H W W cv En } 8 0 o Lli z z w < J 0 Z O U)Z Q O 2 w Z w CLZ z t=- in W O C as Q (n W J Z 0 w U Q 0 U U) w In U E z o < ta- °C F- � J Z `� f- O aw W w �< cc Z c) C) wg Z w LLJ�_ > Z 2 Z Z Q 2 Q w � w �} w c Z � w O tJJ v < o U) U cc Z a a, CD QLij U) rr �, a c c =, z -' < < z z �� Q v < 0- o w Q W w C� z w " � c7 < � u �__� z u_ If D (� Cl-< z (r t c n a _a 0145w1Z74 PHASE 1 SCOPE OF WORK DAVID EVANS AND ASSOCIATES, INC. Task No. 1 - Site Survey at Proposed Bridge Location 1.1 Utilities a) Order utility locate through one call lcoate number. b) Obtain utility as-builts if available. c) Field survey tie utility locations as marked in a) above. (There are no overhead utilities.) d) Homeowners may have a drainage pipe to be located also. 1.2 Surveys of Record a) Research record of surveys and plats for road right-of-way and adjoining lots. b) Research benchmarks along South Century Drive. c) Search for and tie by field survey monuments of record from a) above. (Use an assumed horizontal datum for the coordinate base.) d) Run closed level loop to benchmark in South Century Drive. 1.3 Perform Field Site Survey for Bridge and Approach Design Page 1 a) Run a closed traverse and establish horizontal and vertical control for the project. b) Run three cross sections through the river at the proposed bridge location. One at centerline and one on each side of the proposed bridge. The bridge is anticipated to have a 24 foot wide deck with no pedestrian facilities. c) Generate a 2 foot topo map of the site from 50 upstream to 150 feet downstream of the existing structure. Taper survey width to the 60 feet of existing right-of-way at 300 feet from each end of the bridge. A7 oAdeax0030\faUrvr2.dkb +145-12'75 Tie an additional 100 feet of edge of pavement out to 400 feet from each end of the existing structure. Also tie the following: edge of pavement, four corners of the existing bridge, nearest side of the dwellings on the four adjacent lots at finished floor elevations and/or outbuildings and their driveways, test holes from geotech exploration, significant trees, and other significant site features. All data will be collected using a Wild Total Station with data collection equipment. Task No. 2 - Field Survey for Hydraulic Analysis From the Closed Traverse in Task No. 1 a) Per the attached Exhibit A, "Topographic Data Required for Hydraulic Analysis" by Dave Bryson, P.E. dated January 12, 1994, perform the following items: Data Description 1. Cross-sections - Per basic data - single opening only; 2. Stream profile - All except 500 feet upstream and downstream and water surface profile only; 3. Photographs - None; 4. Existing Highway Data - All; 5. None; 6. Miscellaneous Data - (a) Only. b) Take special cross sections per the attached Exhibit B. c) Tie the location of the existing stream gauge upstream of the proposed bridge location into the vertical and horizontal datum. Task No. 3 - Deliverables to Deschutes County Public Works Page 2 a) Provide three (3) copies of the field notes, electronic data collection file, coordinate list, site survey map and computer file of site survey map on disk for distribution of two sets to Tom Wallace at Region 4 ODOT (who will provide one set to Kevin Groom at ODOT Bridge Design in Salem) and one set for the County's file. b) Provide two (2) copies of the field notes, site map showing the existing structure, river cross sections, river profile, stream gauge tie and coordinate list for distribution to David Bryson at ODOT Hydraulics Section in Salem and one for the County's file. A8 o: \dcax0030\fallry(2.dkb 0145-12"16 DDA will have all deliverables, as outlined in the Phase 1 Scope of Work, to Deschutes County Public Works, for distribution no later than 40 calendar days from receipt of written Notice to Proceed. c;ldeuoom0lfRicvicee.dYb A9 0145-1277 EXHIBIT A TOPOGRAPHIC DATA REQUIRED FOR HYDRAULIC ANALYSIS by DAVE BRYSON, P.E. HYDRAULICS ENGINEER OREGON DEPARTMENT OF TRANSPORTATION January 12, 1994 A10 TOPOGRAPHIC DATA REQUIRED FOR BACKWATER ANALYSIS INTRODUCTION 0145-12'78 The basic purpose of backwater analysis is to determine the waterway area required to limit the backwater to an acceptable elevation. Acceptable backwater elevations vary from site to site. In general, the backwater should not cause extensive property damage or inundate the highway. The analysis applies to any size and type of drainage structure whether it is a bridge. box culvert or pipe. The most basic modeling technique utilizes Manning's equation and the continuity equation. Manning's equation states: V = 1.486 R"' Sitz n where V = velocity, fps n = roughness coefficient R = hydraulic radius, ft. S = slope of energy grade line, ft/ft The continuity equation states: Q=AV where Q = discharge, cfs A = area, sq. ft. V = velocity, fps Combining the two expressions gives the following equation: Q = 1.486 AR"' Sin n The location survey gathers the necessary data to evaluate the variables in the above equation. This requires the following basic data: 1. Stream profile to determine the slope. S. 2. Cross-sections to determine the area. A, and the hydraulic radius, R. 3. Photographs to estimate the Manning's roughness coefficient, n. In order to create any backwater, a crossing must constrict the floodplain as shown in Figure 1. The effect of the constriction on the water surface profile is shown in Figure 2. Most crossings usually constrict the floodplain as it is uneconomical to bridge the entire floodplain. Since most projects replace existing structures, an existing condition exists which can be analyzed. To All I 0145-12'79 analyze the constrictive effects of an existing structure, the following additional information is also needed: 1. Cross-section of the existing bridge opening. 2. Profile of the existing roadway. After the analysis of the existing structure, a judgment is made on whether the hydraulic performance of the existing structure is adequate. Generally, the design criteria for the replacement structure is that it should not create more backwater than the existing structure. The same basic information is needed to analyze the replacement structure; however, since this is now a design problem, the waterway opening and roadway profile are determined by the hydraulic analysis. Generally, the roadway profile is fixed and it becomes a matter of determining a waterway area needed for the desired level of performance. DATA DESCRIPTION 1. Cross -Sections (a) Should extend across full valley width --include channel and adjacent floodplain: sections should extend above the known highwater elevation. (b) Should be taken normal to the direction of flow. The exception is cross section FULLV shown on the attached figures which parallels the roadway alignment. Note that normal to floodplain may be different than normal to channel in which case the direction of the section will be different in the floodplain than in the channel. Left and right for the cross-sections are defined by looking downstream. (c) Should define limits of vegetation types --note where vegetation changes from grass to brush, etc. This can be identified in the cross-section notes. (d) Should be taken at constrictions. 2. Stream Profile (a) Should extend 1000 feet upstream and 1000 feet downstream from project site. Elevations should be taken every 50 feet. To orient the cross-sections looking downstream, stationing should run from upstream to downstream. (b) Should include stream bottom profile and water surface profile at time of survey. (c) Include flood profile if evidence from previous highwater is apparent. 3. Photographs of: Al2 E 0145m-1280 (a) Existing structure. This photo should show the waterway opening provided by the structure. (b) Overflow structure(s). This photo should show the waterway opening provided by the structure(s). (c) Channel upstream and downstream from structure. Take a photo looking upstream and a photo looking downstream while standing on the bridge. Other photos of the channel further upstream and downstream from the bridge are also helpful. (d) Overflow channels upstream and downstream from the overflow structure(s). Take a photo looking upstream and a photo looking downstream while standing on the overflow structure. (e) Floodplain upstream and downstream from structure. (f) Roadway overflow areas. (g) Erosion or scour problem areas. (h) Past floods. (Optional) Local residents sometimes have photos of past floods. (i) Approaches to bridge. Take a photo looking ahead on line and a photo looking back on line from the bridge. 4. Existing Highway Data (a) Existing Bridge (1) Cross-section of downstream bridge opening; include the bottom -of -beam elevation (note that the bottom -of -beam elevation refers to the longitudinal beams and not the cross beams which support the longitudinal beams); cross-section upstream opening if significantly different than downstream. Obtain cross-section of main channel structure and overflow structures if any exist. (2) Define bent alignment, shape, location and width. (b) Roadway (1) Obtain roadway profile; the profile should reflect the highest part of the roadway and also define the overtopping limits. 5. Local Knowledge - source of information is from local residents and maintenance workers. Most of this information is optional as the Hydraulics Unit will seek out this information when doing the hydraulic study. (a) Highest water elevation and date of occurrence. If a highwater elevation is available, the exact location of the highwater mark should be surveyed. (Optional) 3 A13 0145.1281 (b) Is roadway overtopped? If so, obtain depth of water over road and length of roadway overtopped. (Optional) (c) Any debris or ice p.,oblem? (Optional) (d) If local knowledge is obtained, give name and phone number of contact, otherwise give name and phone number of local residents we can contact later. (Required) 6. Miscellaneous Data (a) Floor elevation and location of upstream houses and buildings. (b) Bridges within 1000 feet of project --obtain one full valley section on downstream side of bridge, downstream waterway opening including bottom -of -beam elevation, and roadway profile. (c) Obtain dimensions of miscellaneous structures such as irrigation dams or weirs within 1000 feet of project. SITUATIONS The following figures show typical situations encountered and location of cross- sections needed for the hydraulic analysis: 1. Figure 3 RCBCs and culverts. 2. Figure 4. Single opening stream crossing with no bridge skew to flow. 3. Figure 5. Single opening stream crossing with mild bridge skew to flow. 4. Figure 6. Single opening stream crossing with large bridge skew to flow. 5. Figure 7. Single opening stream crossing with bridge skewed and curvilinear flow in channel. 6. Figure 8. Multiple openings with bridges and culverts. 7. Figure 9. Confluence of two tributaries. 8. Figure 10. Dual bridges. 4 A14 0145-1282 Q,- 2800 cfs 0e•8400 c(s Oa•2800 cts 1 b i w w v � 0 O O O 1 0 1010101010 O O O O OO00OOOOOOOOOO O 0 O 0000 O 0 O O O 1 1 I 1 J Vi T 1 SECT. SECT. Figure 1.—Flow linea for typical normal cro«wing. A15 c SECT. a h, _ ,backwater 0145—V83 W.S. ALONG BANK SEDT. V2 SECT. SEDT. SEDT. 4 at(2o) 4 434 (-�------ S9—t - -- 2 SL -4-1-t; hl NORMAL W.S._ I -------- _-= -- ^' A�- a s 1 hb t Q/ A I I Yt I I ACTUAL W. S. ON � FLOW so I �Y, So LI -2 t L2-3 � 1-3-4 � PROFILE ON STREAM w SECT. W W. S. WITH BACKWATER ------Q '-NORMAL W. S. ---- I Qp o SECTION QI b- i� i ,A i NORMAL WT,,l SECTION Q Figure 2.—N<wmal entirintc: Wingwall •butmente. A16 0145-1284 lJ A17 D D D D D 0 0 gT o w F n L/ 'D /1 � �----------------- ---- ---® D D 4 � � r Cb * % $ v D R D m FT -1 N y D 0 mi I ® — — — — — — — — — — — — — — — — — — — — — — — -� -r� 2 / C m A18 IE r r ti < o �+ 3 � Cb 3 0 g 4 C, R' H M m 0 Al r Ul A19 El I% W�1 M1 ME 0145-4 :8`7 -- ----------- ----------® _rn 0 a o o , n v 0iE �D A N C 0 II 1 / \ �\ O Q � g, J 4 \ O o w v FT�fb D Cb Cb Cb f Cb C \ 3 0 ( n cn o � ® -- ---— — — — — — — ------\ -- k O tr I � ® — — — — — — — — — — — — — — — — — — — — — — Tl C iTl A20 i -1 A21 o -T, CCbr C 3 A 01 Zt � 1 y Z �• (n nl CD O d cn _ rn c . 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Phone it Phone# 98(i-33'6 Fax Y j d� 69 Fax a —o -c. i r rvcy gwL14 o1w4_- 7-1,Q41,5 x-5,CC770A/ GA6 r - x - s6c7t ON S45 i '4-- or- ,e-)e -Sor- ch�A.SG�,EL- P. 01/01 0145-1'92 Sheet Rridge No. ro � STinr F GiP b� a:565 X 5 7�,Q� GACA X - s�'c7"�oN ,flT w� D,EsT 01= og4vzz�L .Ex T�9Ai:510 j f LOc,)97/0,t15 = Ti -?&,-E .e417741114<16 SACT -10_ !S ZY9Ti9 46149U/P,r.D ;=-,ye TJE .CL,�!/i9T/ON d,� 57%17 % G/y6E 7-0 7Jr�ITCI� 8,E/�(/6 yS�'Zjj FO.c SU�(/E l L El�/9T/0,� c' ,c:, pY A25 GA6F .fx�J6h`7- 0145-1293 LOCAL AGENCY CONTRACT EXHIBIT A Part 2 of 3 Cost Plus Fixed Fee Consideration A. Payment for work accomplished under this contract shall be on the basis of Contractor's actual cost plus a fixed fee. The actual cost includes direct labor costs, overhead and direct nonlabor costs. (1) The direct labor cost is for the time of professional, clerical and technical personnel and principals that are productively engaged in work necessary to fulfill the terms of this contract. The direct labor costs are estimated to be $3, 270.00 (2) Overhead costs are all indirect costs not directly chargeable to a specific project, but necessary to Contractor in the conduct of normal business. The overhead rate, as identified in Part 3 of this exhibit is161.74percent of the direct labor cost. The overhead costs are estimated to be�t2$4.QQ_, based on the provisional overhead rate stated above. The provisional overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. This overhead cost rate is subject to adjustment based on an audit performed by ODOT or agents, on completion of the work. (3) The direct nonlabor costs are those costs directly incurred in fulfilling the terms of this contract, including, but not limited to, travel, reproduction, telephone, supplies, laboratory testing, and fees of other Contractors. The direct nonlabor costs ars estimated to be $1,130.00 as set forth in Part 3 of this exhibit. (4) The fixed fee, which includes Contractor's profit, shall be $899.00 . The fixed fee will be prorated and paid monthly in proportion to the percentage of the work completed as estimated in Contractor's monthly progress reports. Any portion of the fixed fee not previously paid in the monthly payments will be covered in the final payment. (5) The actual direct labor and nonlabor costs, actual overhead cost, and fixed fee, as set forth in this exhibit, shall be full compensation for services performed under this contract. This total shall not exceed a maximum of$12_,00_0.00 without prior written approval of Agency and concurrence by ODOT. This does not include payment for extra work as stipulated in Sections D and E of this exhibit. B. Progress payments will be made to Contractor over the period of the contract upon receipt of Contractor's billing statement. All bills and other forms of claims for payment must be submitted in duplicate no more than once per month to Agency's Project Manager. Agency shall review and approve as appropriate, all billings received from Contractor. Approved billings shall be paid directly to Contractor by Agency. Agency shall forward all approved billings to ODOT's liaison person for reimbursement. ODOT shall submit all A26 0145-1294 claims for federal participation to FHWA. Failure to present claims in proper form within 60 days after the end of the month in which the work is performed shall constitute a waiver on the part of Contractor of his right to present such claim thereafter or to receive payment therefore. ODOT shall make payment of all approved billing statements in accordance with ORS 293.462. C. Contractor's actual costs, direct and indirect, eligible for federal -aid participation shall be those allowable under the provisions of 48 CRF Part 31 (Federal Acquisition Regulations). D. Agency shall allow appropriate increases in agreed maximum amount should any substantial approved increase occur in the scope, character, schedule or complexity of services as outlined in the Statement of Work in EXHIBIT A. Contractor must have written approval of Agency and ODOT concurrence prior to commencing any such work. Moreover, Contractor shall not incur costs in excess of the maximum amount of such cost stated in this section unless an increase in such maximum amount is allowed by Agency and ODOT. Any such increase in the maximum amount shall be the subject of a supplemental contract to be negotiated between Agency and Contractor after application therefrom by Contractor and shall include proportionate adjustment in the fixed fee provided for in this exhibit. E. Payment for extra work performed under this contract shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. F. Agency reserves the right to withhold final payment equal to five percent (S1/;) of the total contract amount until all required work is completed and accepted by the Agency. G. Final payment of any balance due Contractor will be made promptly upon verification of completion and acceptance of the work by Agency. ODOT, Agency, or their duly authorized agents, may audit Contractor's records prior to payment of the final billing. In no event shall the adjusted costs exceed the maximum amount specified above without a contract amendment. A27 PART 3 of 3 0145-1295 CONSULTANT - DAVID EVANS AND ASSOCIATES, INC. FALL RIVER BRIDGE DESCHUTES COUNTY, OREGON OVERHEAD EXPENSE DETAIL OVERHEAD EXPENSE TYPE PERCENT OF DIRECT LABOR YEAR 1994-95 SALARY OVERHEAD Payroll Taxes 15.00 Vacation, holiday, and sick pay 14.25 Group insurance and misc. 16.41 TOTAL SALARY OVERHEAD 45.66 GENERAL AND ADMINISTRATIVE OVERHEADS Salaries Office & Administrative Incentive and retirement pay Buildings and equipment Taxes, licenses and insurance Professional services Travel and subsistence unassigned Office supplies and expense Professional education Depreciation Printing and reproduction, unassigned Interest Contributions Income Taxes TOTAL GENERAL AND ADMINISTRATIVE 116.08 TOTAL OVERHEAD EXPENSES* 161.74 *Does not include the following unallowed overhead items. Interest Contributions Bad Debt Reserve Entertainment Income Taxes Advertising A28 Page 1 of 3 Odeax003014allexp.xls r 0145-1296 BREAKDOWN OF DIRECT SALARY AND DIRECT NONSALARY COSTS Personnel Hours Rate of Pay Estimated Cost Principal 2 $35 $70 Project Manager 16 $28 $448 CADD Drafter 8 $15 $120 Clerical 8 $13 $104 Survey Manager 16 $23 $368 Surveyors 96 $15 $1,440 Survey Technician 48 $15 $720 DIRECT SALARY COST $3,270 DIRECT NONSALARY COST Travel $110 Auto Mileage 500 mi c@ $.22/mi Computer Expense $400 CADD Stations 40 hrs @ $10/hr. Survey Equipment $600 Survey Rigs 6 days @ $100/day Reproduction Expense Engineering Size Photo Copies - $1.00/Sheet Blueprints - $1.00/Sheet 20 Sheets x $1.00 $20 Note: Construction management is not reflected in any of the above hours. A29 Page 2of3 o: deax0030UallpreAs ANALYSIS OF FEE FOR ENGINEERING SERVICES 0145-197 DIRECT SALARY COST OVERHEAD COST (161.74%) TOTAL DIRECT SALARY PLUS OVERHEAD: FIXED FEE" (10.5%) DIRECT NONSALARY COST A. Travel B. Reproduction Expenses C. Computer Expense D. Survey Equipment TOTAL DIRECT NONSALARY COSTS: CAPITAL COST OF MONEY (Direct Salary Cost x 4.98%) TOTAL BASIC ESTIMATE: ANTICIPATED ITEMS: A. Title Company Reports at $160 Each (4 lots) - Additional Right -of -Way ON Lots TOTAL ANTICIPATED ITEMS: $110 $20 $400 $600 $800 TOTAL TOTAL NOT TO EXCEED $3,270 $5,289 $8,559 $899 800 $11,551 $12,000 "This Fixed Fee of 10.5% is based on the total Direct Salary plus overhead amount of $8,559 and shall be increased incrementally 10.5% for authorized anticipated items and work authorized beyond the amount of $8,559. **Total does not include any construction management services. A30 Page 3 of 3 oAdeax0030\fallanlyAs LOCAL AGENCY CONTRACT EXHIBIT B (NON -PERS MEMBER) PERSONAL SERVICES CONTRACT COMPLIANCE WITH APPLICABLE LAW 279312 Conditions of public contracts concerning payment of laborers and materialmen, contributions to Industrial Accident Fund, liens and withholding taxes. Every public contract shall contain a condition that the contractor shall: (1) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract. (2) Pay all contributions or amounts due the Industrial Accident Fund from such contractor or subcontractor incurred in the performance of the contract. (3) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or mat�:rial furnished. (4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. (Amended by 1953 c.131 §3; 1957 c.586 §14; 1965 c.26 §1;1969 c.493 §76) 279.314 Condition concerning payment of claims by public officers. (1) Every public contract shall also contain a clause or condition that, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, 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 the contractor by reason of such contract. (2) The payment of a claim in the manner authorized in this section shall not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. (Amended by 1981 c.712 §5) 0145-1298 279.316 Condition concerning hours of labor. (1) Every public contract shall also contain a condition that no person shall be employed for more than eight 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 as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess'of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. (2) In the case of contracts for personal services as defined in ORS 279.051, the contract shall contain a provision that the laborer 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 these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from recei%ing overtime. (Amended by 1967 c.167 §1;1979 c.6 E1; 1989 c.672 §1) 279.320 Conditions concerning payment for medical care and providing workers' compensation. (1) Every public contract shall also contain a condition the contractor shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of such contractor or 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 contract or agreement for the purpose of provi_ing or paying for such service. (2) Every public contract also shall contain a clause or condition that all employers working under the contract are subject employers that comply with ORS 656.017. (Amended by ia67 c.359 §687;1981 c.712 §6; subsection (2) enacted as 1989 c.684 §3) 0145-1299 114CY'CLINQ As required by ORS 279.555, in the performance of this contract the contractor shall use recyclable products to the maximum extent economically feasible in perforance of the contract work set forth in this document. INSURANCE During the term of this contract Contractor shall maintain in force at its own expense, each insurance noted below: 1. Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers (contractors with one or more employees, and as defined by ORS 656.027); 2. Q Required by Agency ❑ Not required by Agency General Liability insurance with a combined single limit of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract, and shall provide that the State of Oregon, Department of Transportation, gCEP1Gy and their divisions, officers, and employees are Additional Insured but only with respect to the Contractor's services to be provided under this Contract: 3. W Required by Agency ❑ Not required by Agency Automobile Liability insurance with a combined single limit of not less than $1,000,000 each occurrence for Bodily Injury and Property Damage, including coverage for owned, hired, or nonowned vehicles, as applicable: 4. ® Required by Agency ❑ Not required by Agency Professional liability insurance with a combined single limit of not less than $1,000,000 each claim incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. 5. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s) without 30 -days written notice from the Contractor or its insurer(s) to the Agency. 6. Certificates of insurance. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the Agency at the time contractor returns signed contracts. The certificate will specify all of the parties who are Additional Insured and will include the 30 -day cancellation clause. Insuring companies or entities are subject to Agency acceptance. If requested, complete policy copies shall be provided to the Agency. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. B2 LOCAL AGENCY CONTRACT 0145-1300 EXHIBIT C CORPORATION OR INDEPENDENT CONTRACTOR CERTIFICATION STATEMENT CORPORATION CERTIFICATION I, undersigned, am authorized to act on behalf of entity designated below, hereby certify under penalty of perjury that entity is a corporation. Signature Date Entity If entity is not a corporation, Agency and Contractor complete the remainder of this form ORS 670.600 Independent contractor, standards. As used in various provisions of ORS Chapters 316, 656, 657, and 701, an individual or business entity that perforins labor or services for remuneration shall be considered to perform the labor or services as an 'independent contractor if the standards of this section are met. Agency certifies the contracted work meets the following standards: 1. The individual or business entity providing the labor or services is free from direction and control over the tris ns and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to speci V the desired results; 2. The individual or business entity providing labor or services is responsible for obtaining all assumed business registrz:ions or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business; 3. The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services; 4. The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services; 5. payment for the labor or services is made upon completion of the performance of specific portions of the project or is tree on t h e basis of an annual or periodic retainer. Agency Signature Date Independent contractor certifies he/she meets the following standards: 1. The individual or business entity providing labor or services is registered under ORS Chapter 701, if the individual or business entity provides labor or services for which such registration is required; 2. Federal and state income tax returns in the name of the business or a business Schedule C or farm Schedule F as pan of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and 3. The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the foliowing circumstances exist. Contractor check four or more of the following: A. The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion, of the residence, which portion is set aside as the location of the business; B. Commercial advertising orbusiness cards as is customan• in operating similar businesses are purchase: iar the business, or the individual or business entity has a trade association membership; C. Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services; D. Labor or seryices are perfor-med only pursuant to writteh contracts; E. Labor or services are performed for two or more different persons within a period of one year, or F. The individual or business entity assumes financial responsibility for defective workmanship or for ser. -ice not provided as evidenced by the ownership of performance bonds, warranties, errors and orrissign insurance or liability insurance relating to the labor or services to be provided. Contractor Signature Date LOCAL AGENCY CONTRACT EXHIBIT D CERTIFICATION OF -CONSULTANT I hereby certify that I am the and duly authorized representative of the firm of — whose address is that neither I nor the above firm I here represent has: 0145-1301 (a) employed or retained for a commission, percentage, brokera��e, contingency fee, or other consideration, anv firm or person (other that, bona fide employee working solely for me or the above consultant) solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, ::) employ or r.etain the services of any firm or person in connection iv,th carrying out the contract, or (c) paid, or agreed to pay, to any firm, organization or person (other that•: a bona fide employee working solely for me or the above consultant). fee, contribution, donation, or consideration of any kind for, or :n connection with, procuring or carrying out the contract; except as expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Hight—,%. Administration, and is subject to applicable State and Federal laws, both criminal .�:'J civil. DATE SIGNATURE CERTIFICATION OF AGENCY OFFICIAL I hereby certify that I am the Agency Official of Oregon, and that the above consulting firm or his representative has not been required directly or indirectly as an expression of implied condition in connect on with obtaining or carrying out this contract to (a) employ, retain, or agree to employ or retain, anv firm or person, of (b) pay, or agree to pay, to any firm, person, or organization, any contribution, donation, or consideration of any kind; except as 1.;re expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Administration, and is subject to applicable State and federal lacus, both criminal civil. DATE SIGNATURE t)1 0145-1V02 LOCAL AGENCY CONTRACT EXHIBIT E Federal Provisions CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION As a supplement to this proposal, the Contractor on this project shall complete t -e following certification with regard to current involvement in any debarments-, suspensions, indictments, convictions, and civil judgment indicating a lack of business integrity. (Name and Title of Authorized Representative of Contractor) (Signature) being duly sworn and under penalty of perjury under the laws of the State of Oregon, certifies that, except as noted below, (Name of Firm) certifies to the best of its knowledge and belief that it and its principals: • Are not presently debarred, suspended, proposed for debarment, declla-ed ineligible, or voluntarily excluded from covered transactions by any Fede -al department or agency; • Have not within a three-year period preceding this proposal been convictec: of or had a civil judgment rendered against them for commission of fraud e= a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract unci:- a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification. or destruction of records, making false statements, or receiving stolen prope • Are not presently indicted for or otherwise criminally or civilly charged a governmental entity (federal, state or local) with commission of any of ie offenses enumerated in paragraph (1)(b) of this certification; and • Have not within a three-year period preceding this application/proposal i.ad one or more public transactions (federal, state or local) terminated for cau�_ or default. El 0145-1303 Where the Contractor is unable to certify to any of the statements in this certification,. such prospective participant shall attach an explanation to this proposal. List exceptions. For each exception noted, indicate to whom the exception applies, initiating agency, and dates of action. If additional space is required, attach another page with the following heading: Certification Exceptions continued, Contract Insert. Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. The Contractor is advised that by signing this contract, the Contractor is deemed to have signed this certification. E2 0145-104 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY COVERED TRANSACTIONS 1. By signing this contract, the Contractor is providing the certification set out below. 2. The inability to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The Contractor shall explain why he or she cannot provide the certification set out below. This explanation will be considered in connection with the Agency's determination to enter into this transaction. Failure to furnish an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the Agency determined to enter into this transaction. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government or the Agency may terminate this transaction for cause of default. 4. The Contractor shall provide immediate written notice to the Agency to whom this proposal is submitted if at any time the Contractor learns that ; is certification was erroneous when submitted or has become erroneous by reasoil of changed circumstances. 5. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered trans- action", "principal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Agency's Legal Counsel to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The Contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Agency entering into this transaction. 0145-V05 7. The Contractor further agrees by submitting this proposal that it will include the Addendum to Form FHWA-1273 titled, "Appendix B --Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower `Pier Covered Transactions", provided by the Agency entering into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier covered` transactions. 8. A participant `in a covered transaction. may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List published by the U. S. General Services Administration. 9. Nothing contained in the foregoing shall be construed to required establishment of a system of records to renderin in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government or the Agency may terminate this transaction for cause or default. r4 0145-V06 ADDENDUM TO FORM FHWA-1273, REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors, and other lower tier participants. - Appendix B of 49 CFR Part 29 - Appendix B --Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this contract, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingIN, rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Agency or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this contract is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered trans -action", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. S. The prospective lower tier participant agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. ©145-110'7 6. The prospective lower tier participant further agreed by submitting this contract that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower- tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered tra.,isaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement list. S. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding' Debarment, Suspension, Ineligibility, and Voluntary Exclusion --Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. E6 0145-1,08 Employment A. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractors, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranting, Agency shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. B. Contractor shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of Agency, except regularly retired employees, without written consent of the public employer of such person. C. Contractor agrees to perform consulting services with that standard of care, skill and diligence normally provided by a professional in the performance of such consulting services on work similar to that hereunder. Agency shall be entitled to rely on the accuracy, competence, and completeness of Contractor's services. Nondiscrimination During the performance of this contract, Contractor, for himself, his assignees and successors in interest, hereinafter referred to as Contractor, agrees as follows: A. Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and Section 162(a) of the Federal -Aid Highway Act of 1973 and the Civil Rights Restoration Act of 1987. Contractor shall comply with the regulations of the Agency of Transportation relative to nondiscrimination in Federally assisted programs of the Agency of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. Contractor, with regard to the work performed after award and prior to completion of the contract work, shall not discriminate on grounds of race, E7 0145-1x09 creed, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations. B. Solicitation for Subcontractors, including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiations made by Contractor for work to be performed under a subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this contract and regulations relative to nondiscrimination on the grounds of race, creed, color, sex or national origin. C. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act). During the performance of this contract, Contractor agrees as follows: (1) Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed; and that employees are treated during employment, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. D. Information and Reports. Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by Agency, ODOT, or FHWA as appropriate, and shall set forth what efforts he has made to obtain the information. E8 4 0145-1310 E. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscrimination provisions of the contract, Agency shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (1) Withholding of payments to Contractor under the agreement until Contractor complies; and/or (2) Cancellation, termination, or suspension of the agreement in whole or in part. F. Incorporation of Pro%,isions. Contractor will include the provisions of paragraph A through F of this section in every subcontract, including procurement of materials and leases of equipment, unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor shall take such action with respect to any subcontractor or procurement as Agency or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the ere it Contractor becomes involved in, or is threatened with litigation tvith a subcontractor or supplier as a result of such direction, Agency may, at its option, enter into such litigation to protect the interests of Agency, and, :n addition, Contractor may request Agency to enter into such litigation to protect the interests of the Agency. Disadvantaged Business Enterprise (DBE) Policy In accordance with Title 49, Code of Federal Regulations, Part 23, or as maN* be amended (49 CFR 23), Contractor shall agree to abide by and take all riecess-a-y and reasonable steps to comply with the following statement: DBE POLICY STATEMENT DBE Policy. It is the policy of the Oregon Department of Transportation (Department) that Disadvantaged Business Enterprises as defined in 49 CFR 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 CFR 23 apply to this contract. DBE Obligations. Contractor agrees to ensure that Disadvantaged Busl're:;; Enterprises as defined in 49 CFR 23 have the maximum opportunit\, to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Contractor shall take all necessa--�' E9 A and reasonable steps in accordance with 49 CFR 23 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of federally -assisted contracts. The DBE Policy Statement shall be included in all subcontracts entered into under this contract. Records and Reports. Contractor shall provide monthly documentation to Agency that it is subcontracting with or purchasing materials from the DBEs identified to meet contract goals. Contractor shall notify Agency and obtain its written approval before replacing a DBE or making any change in the DBE participation listed. If a DBE is unable to fulfill the original obligation to the contract, Contractor must demonstrate to Agency the Affirmative Action steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items. The monthly documentation will not be required after the DBE goal commitment is satisfactory to Agency. Any DBE participation attained after the DBE goal has been. satisfied should be reported to the Agencies. DBE Definition. Only firms certified by the Executive Department, State of Oregon may be utilized to satisfy this obligation. CONTRACTOR'S DBE CONTRACT GOAL DBE GOAL o. By signing this contract, Contractor assures that good faith efforts have been made to meet the goal for the DBE participation specified in the Request for Proposal/Qualification for this project as required by ORS 200.045. Lobbying The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Membe: of Congress, an officer or employee of Congress, or an emplo}'ee of a Member of Congress in connection x: ith the awarding of any Fede: al E10 '1� 0 !14 5- t912 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon which reliance ti�-as placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.