HomeMy WebLinkAboutDoc 535 - Neff-Alfalfa-PBH InterchangeDeschutes County Board of Commissioners
1300 NW Wall Street, Suite 200, Bend OR 97701-1960
541.388.6570 -Fax 541.385.3202 -www.deschutes.org
AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of October 20, 2014
DATE: October 8, 2014
FROM: Chris Doty Road Department Phone: 541.322.7105
TITLE OF AGENDA ITEM:
Consideration of Board approval of Document No. 2014-535, a personal services contract with
WHPacific Inc. to perform engineering, design, and right of way acquisitions services for the
Powell Butte HighwaylNeff-Alfalfa Market Road Intersection Improvement Project.
PUBLIC HEARING ON TIDS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes County Road Department conducted a qualifications based selection process to
select a consultant team to design roundabout improvements at the intersection of Powell Butte
HighwaylNeff-Alfalfa Market Road east of Bend. The process was conducted per ORS
279.lIOC.
A total of five firms submitted qualifications for the project. Interviews were conducted with
two finalists and WHPacific was selected as the winning firm. Staff and WHPacific negotiated a
scope and fee schedule not to exceed $369,811 for design services necessary to develop an
engineered design, bid package, and right-of-way acquisition services.
FISCAL IMPLICATIONS:
Funds for this contract are included in the Capital Improvement line item of the Road
Department budget (Fund #325).
RECOMMENDATION AND ACTION REQUESTED:
Move approval of Document No. 2014-535, a personal services contract with WHPacific Inc. in
the not-to-exceed amount of $369,811 for design services associated with the Powell Butte
HighwaylNeff-Alfalfa Market Road Intersection Improvement Project.
ATTENDANCE: Chris Doty, George Kolb
DISTRIBUTION OF DOCUMENTS: Return signed documents to Sheila OdIe at the Road
Department for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: IOctober 20, 201~ Department: IRoadl
Contractor/Supplier/Consultant Name: IW&H Pacif@
Contractor Contact: IBarry Johnsonl Contractor Phone #: 1541-312-25591
Type of Document: Deschutes County Services Contract, #2014-535
Goods and/or Services: This Services Contract outlines the duties of the Consultant
pertaining to the design, right of way acquisition, contract documents and other duties
necessary to construct the Powell Butte Highway/Neff-Alfalfa Intersection Improvement
Project.
Background & History: A qualifications based selection proecess was utilized to
select WHPacific to design the intersection improvements per ORS 279C.11 O.
Agreement Starting Date: IOctober 22, 201 ~ Ending Date: IDec 31,20151
Annual Value or Total Payment: 1$369,8111
D I nsurance Certificate Receiied (cleck box)
Insurance Expiration Date:
Check all that apply:
[gI RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [gl Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: D Yes No
10/8/2014
Contact information for the person responsible for grant compliance:
Name:
Phone #:
'-------'
Departmental Contact and Title: Chris Doty, Department Director
Phone #: 541-322-7105
Department Director Approval: ___________
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): [] BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____,
Legal Review Date
Document Number 2014-535
10/812014
1
EXHIBIT 1-A: SCOPE OF PROFESSIONAL SERVICES
Powell Butte Highway/Neff-Alfalfa Market Road
Intersection Improvement Project
Survey Services – WHPacific
Assumptions:
1) General project limits are 1200’ in each direction from the intersection of Neff Road and Powell Butte Highway
and will generally extend 25’ past the existing rights-of-way widths. Additional data will be obtained on the
privately owned parcels in areas of potential permanent or temporary roads.
2) Deschutes County to provide access to private property needed in order to complete the scope of work
Task 1 - Topographic Design Survey , Boundary Survey and Legals
1.1. Coordinate underground utility locates through the Oregon One -Call system and address questions from
locating services. Perform survey and deed research with both the Deschutes County Surveyor’s office and
the Deschutes County Clerk’s office.
1.2. Recover and densify (as needed) the existing Deschutes County Surveyor horizontal and vertical control.
1.3. Field recovery of existing property and right -of-way monumentation.
1.4. Field collection of topographic and planimetric features.
1.5. Process the survey field data and create a Civil 3D 2014 Topographic Base Map to include: surface, both
topographic and planimetric features and visible/located utilities.
1.6. Import right-of-way information and data from the Deschutes County Surveyor and resolve rights -of-way and
centerline alignments.
1.7. Prepare a Recovery and Retracement Survey for review and filing with the Deschutes County Surveyor’s
office. (Deschutes County Surveyor’s review and filing fee are not included in this proposal)
1.8. Perform QAQC on said Topographic Base Map and Recovery and Retracement Survey.
1.9. Field collection, office processing and mapping of additional topo for “tie-ins”.
Prepare Legal Descriptions
1.10. Prepare legal descriptions for all proposed right -of-way acquisitions and/or temporary construction
easements. (assumed 6 descriptions and exhibit maps)
1.11. Submit legal descriptions and exhibits to UFS for Right of Way Acquisition phase of project.
Task 2 - Right of Way Acquisition - UFS
Assumptions:
2
1) Consultant shall provide labor, equipment and materials to provide appraisal, appraisal reviews and acquisition
services for Deschutes County.
2) R/W activities shall confirm to the standards contained in the Uniform Act of 1970 and amendments, Oregon
State Law and Deschutes County policies and procedures.
3) It is assumed that right of way acquisition will be required from up to four properties which will be impacted by
the Project.
2.1 Title Reports - Ordering of preliminary title report if needed. Preliminary title reports may be needed for
development of the legal descriptions and may need to be ordered prior to the preparation of legal
descriptions.
Deliverable(s)
Preliminary Title Reports for properties impacted by the Project – four properties are assumed.
2.2 Appraisals/Appraisal Review - Provide one real estate appraisal for each ownership (one property) from
which a property interest is to be acquired. Real estate appraisals shall conform to the standards contained in
the USPAP (Uniform Standards of Professional Appraisal Practice) and Oregon State Laws. Provide not fewer
than fifteen (15) days written notice to owners of a planned appraisal inspection and shall provide the
property owner or designated representative, if any, an invitation to accompany the appraiser on any
inspection of the property for appraisal purposes.
Provide an appraisal review for each appraisal. The appraisal review will be conducted by another certified
appraiser.
Assumptions
No specialty reports will be required.
No expert witness fees for trial preparation and testimony are included in this scope.
Deliverable(s)
Four real estate appraisals (3 copies)
Four real estate appraisal reviews (2 copies)
2.3 Acquisition - Conduct negotiations, on behalf of the County, for right-of-way acquisition in accordance with
the applicable State and Federal law, and the County’s policies and procedures. Compile and/or prepare all
essential documents to be submitted to owners and tenants as required. These include, but are not limited to
project information letters, acquisition and relocation brochures, offer-benefit letters, acquisition summary
statements, copy of appraisal, map of acquisition (if not included in appraisal), and instruments of conveyance.
Contractor shall make all offers in person or by certified mail.
Provide all property owners with:
A complete copy of the appraisal that just compensation is based upon at the initiation of negotiations.
A written notice as part of the offer that they have a minimum of 40 days to accept or reject the offer, as per
state law.
3
Property owners who are considering a donation must be informed in writing of their right to just compensation.
The owner will sign the donation form indicating their waiver of their rights, if they elect to donate.
Prepare and maintain written diaries of negotiator contacts with property owners and tenants to document:
efforts to achieve amicable settlements,
owners' suggestions for changes in plans,
responses to owners' counterproposals, etc.
Consultant shall make every reasonable effort to acquire the ROW expeditiously by negotiation. Property owners
must be given reasonable opportunity to consider the offer and present material the owner believes is relevant to
determining the value of the property. Contractor shall conduct negotiations for acquisition of real property in
accordance with applicable State and Federal law.
Assist in clearing interests from title that are deemed necessary by the County.
Assumptions
No relocation activity is anticipated.
County will pay closing costs
Deliverable(s)
One completed negotiation file with deeds for recording.
Task 3 - Preliminary Design – WHPacific/KAI
3.1. Utilize the topographic survey and conceptual plans prepared by Kittelson Associates Inc. for creation of a
project base map.
3.2. Assess and analyze the existing alternatives previously prepared by Kittelson Associates, Inc.
3.3. Begin Utility Coordination with local agencies to include Franchise Utilities and Central Oregon Irrigation
District (COID). Research any as-built drawings or other information provided by all agencies and utility
companies. Compare to located utilities on topographic survey. Add data to the base map as needed for
verified utilities.
3.4. Prepare complete horizontal conceptual plan alternatives for review by the County. Gather and assess
preliminary speed, terminal vista analysis and truck turning informatio n from work completed for alternatives
analysis. Perform benefit/cost analysis of pavement alternatives. Prepare exhibits to present at design
workshop.
3.5. Prepare typical sections for the various road legs, and for the circulatory roadway section.
3.6. Plan and prepare for a Concept Refinement Workshop for all stakeholders. Hold 3-day workshop to review
the preliminary design and design report. It is our anticipation that the design team present the alternatives
to the stakeholders and provide data and recommendations to assist Deschutes County with their review of
the alternatives so that a single alternative may be chosen.
3.7. Refine design alternative based on feedback from Concept Refinement Workshop. Develop a Design report to
accompany the preliminary design for submittal.
4
3.8. Review comments from Deschutes County. Finalize the report for the preferred conceptual roundabout
alternative.
3.9. Present Preliminary Design, design report for the chosen design alternative to the County.
Task 4 - 50% Construction Documents – WHPacific/KAI
4.1. Meet with Deschutes County to review comments from Preliminary Design Review.
4.2. Refine the base geometric plan for the chosen proposed roundabout based on the approved conceptual plan
including minor refinements developed during the design workshop. The geometric plan includes an initial
geometric layout for the central island circle, circulatory roadway, entrance and exit lane s, truck aprons,
splitter islands, and transitions to join existing roadways on all legs . Assess options to safely accommodate
bicyclists and pedestrians.
4.3. Refine truck movement diagrams and exhibits to identify vehicle movement and potential splitter isla nd and
truck apron treatments for the roundabout. The primary design vehicle is expected to be a WB -50 with
considerations for a Motorhome with boat, farm truck and horse trailer, and a WB-67 truck. This roundabout
is also expected to accommodate a standard school bus or fire truck without the use of truck aprons. No
oversized loads are expected on either route for the roundabout.
4.4. Refine analysis of the design speeds for each vehicular path through the roundabout. Modify the geometry to
limit speeds and provide balanced speeds on each path.
4.5. Review the truck turning, school bus movement, intersection sight distance diagrams, and speed diagrams
with the Deschutes County staff to solicit input and design support.
4.6. Continue utility coordination with local agencies and franchise utilities. Provide preliminary design for their
review to solicit their designs for the roundabout. Meet with COID to review the design and any impacts.
4.7. Develop a preliminary drainage plan for the roundabout, with locations for pro posed drainage inlets,
structures, and drainage disposal facilities.
4.8. Prepare preliminary vertical profiles for the centerline of Powell Butte Highway, Neff Road and Alfalfa
Market Road and the circulatory roadway through the roundabout.
4.9. Review anticipated grades along the outside edges of the roundabout to identify any slopes or walls that
might be needed to address grade differentials, adjacent to, or onto, adjacent properties. Identify terminal
vistas and provide designs for berms or other best practice methods for treatment of terminal vistas.
4.10. Prepare Preliminary Signage and Striping Plan in accordance with Deschutes County Standards and
Specifications, NCHRP Report 672: Roundabouts An Informational Guide and the latest version of the Manual
of Uniform Traffic Control Devices (MUTCD).
4.11. Conduct photometric analysis to determine number and location of luminaires . Prepare Preliminary
Illumination Plan in accordance to Deschutes County Standards and Specifications, NCHRP Report 672:
Roundabouts An Informational Guide and coordination with Pacific Power .
4.12. Prepare Preliminary Storm Drainage Report for submittal
5
4.13. Confer with Client on plant material selection and non-plant features for the landscape concept.
4.14. Prepare a preliminary Landscape Plan. The plan will specify areas to be landscaped and include the size,
spacing, and species of all proposed plant materials. The plan will also indicate hardscape treatment,
pedestrian and site lighting, and other site amenities . Plan will be developed with the understanding that
now temporary or permanent irrigation system will be utilized.
4.15. Prepare Preliminary set of construction standards for review in accordance with the Deschutes County
Standards and Specifications and ODOT supplemental specifications.
4.16. Compile and submit the complete preliminary plans and specifications to Deschutes County for review.
Task 5 - 90% Construction Documents – WHPacific/KAI
5.1. Meet with Deschutes County and review comments on the 50% Construction Documents
5.2. Respond to the preliminary design documents in accordance with County review and solicit Deschutes County
Approval of the 50% Construction Documents.
5.3. Proceed with detailed vertical design for all curbs and roadways once 50% Construction Documents are
approved by Deschutes County. Changes in the vertical design after this point in the design will have larger
impacts on the design and are not included in this proposed scope.
5.4. Prepare a grading plan to address finished surfaces for pavement, landscape, hardscape, and disturbed are as.
Calculate and label spot grades throughout the roundabout, including curb return grades on all entries and
exits for the roundabout, and key locations on all splitter islands.
5.5. Solicit utility design comments from all utility agencies to refine the utility relocation plans.
5.6. Complete hydrology calculations and establish the location of standard drain catch basins (if used), curb
breaks, storm drain piping, and swales, for disposal of surface water drainage. At this point our assumption
is that no drywell underground injection control application forms will be required from the Oregon DEQ.
5.7. Prepare profiles for all proposed storm drain piping and prepare plan and profile sheets.
5.8. Prepare construction detail sheets.
5.9. Prepare the required plan set cover sheet with index map, vicinity map, quantities, and County general
notes.
5.10. Prepare final signage and striping plan in accordance with Deschutes County Standards and Specifications,
NCHRP Report 672: Roundabouts An Informational Guide and the latest version o f the Manual of Uniform
Traffic Control Devices (MUTCD).
5.11. Prepare Final Illumination Plan in accordance to Deschutes County Standards and Specifications, NCHRP
Report 672: Roundabouts An Informational Guide. Submit the site lighting plan to Pacific Power and Light
and solicit review and approval, and their design for power service.
5.12. Prepare 90% set of Landscape Plans and Specifications accommodating Deschutes County comments on
preliminary landscape plans.
6
5.13. Coordinate with Deschutes County to prepare a traffic control and staging plan. This may include a
construction bypass to maintain through traffic during construction or staged partial shut downs of the
intersection.
5.14. Refine specifications for the project based on review comments from Deschutes County.
5.15. Prepare for and attend a neighborhood meeting to present design to the affected neighbors.
5.16. Compile and submit the final construction plan set and Specifications to Deschutes County for review and
comments.
Task 6 - Prepare 100% Construction Documents – WHPacific/KAI
6.1 Meet with Deschutes County to Review the 90% Comments
6.2 Respond to the 90% design documents in accordance with County review and solicit Deschutes County Approval
of the 90% Construction Documents.
6.3 Prepare Final Design Construction Documents and Specifications based on the 90% Construction Documents
and Deschutes County Review Comments.
6.4 Prepare 100% set of Landscape Plans and Specifications accommodating Deschutes County comments on 90%
landscape plans.
6.5 Prepare construction quantities and cost estimates.
6.6 Prepare mylar plan sets, electronic file disks, and solicit approval signatures from the utility companies, COID
and Fire Department.
6.7 Submit the final construction documents and specification package and all related design information for final
Deschutes County signatures and approval.
Task 7 - Construction Engineering Administration – WHPacific/KAI
Assumptions:
1) An estimated budget for construction related services is provided. Actual services may vary depending on
contractor, weather conditions, and changes in anticipated conditions.
2) The construction management/inspection of the roundabout construction will be under a separate contract or
will be administered by Deschutes County Public Works Department staff.
7.1 Prepare a bid schedule for the construction contract. Forward the bid schedule to Deschutes County for use
in the bid documents.
7.2 Coordinate with Deschutes County to prepare bid package for public construction bid . Incorporate County
contract document language and bid forms into a final complete construction document package to be
administered by Deschutes County through the bidding process.
7.3 Attend Pre-Bid meeting for construction.
7.4 Attend Bid Opening meeting with Deschutes County to review contractor bids.
7.5 Respond to questions and/or requests for clarification from the Contractor during construction (assumed up to
12 visits to the site).
7.6 Respond to contractor RFI’s and review product submittals.
7
7.7 Respond to any proposed change orders, and/or prepare change order documents if needed, during the
construction period.
7.8 Coordinate with Deschutes County and the Landscape Contractor to obtain power service and water service to
the roundabout.
7.9 Upon construction completion, complete a field review and prep are a final punch list for the contractor.
Review items on punch list in field to verify items were addressed. Prepare and issue the recommendation for
substantial completion.
Landscape Construction Administration
7.10 Respond to questions and/or requests for clarification from the Contractor during construction. Provide a maximum of two
(2) site visits to ensure compliance with the landscape design intent. Prepare site inspection reports.
7.11 Provide one (1) final site visit to prepare punch list items for completion of landscape. Prepare and issue the
recommendation for substantial completion.
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Page 3 of 4 10/1/2014
Page 1 of 17 - Personal Services Contract No. 2014-535
DESCHUTES COUNTY SERVICES CONTRACT
CONTRACT NO. 2014-535
This Contract is between DESCHUTES COUNTY, a political subdivision, acting by and through the Road Department
(County) and WHPacific Inc. (Contractor). The parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be October 20, 2014 or the date, on which
each party has signed this Contract, whichever is later. Unless extended or terminated earlier in accordance with its terms,
this Contract shall terminate when County accepts Contractor's completed performance or on December 31, 2015 whichever
date occurs last. Contract termination shall not extinguish or prejudice County’s right to enforce this Contract with respect to
any default by Contractor that has not been cured.
Statement of Work. Contractor shall perform the work described in Exhibit 1.
Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1.
Contract Documents. This Contract includes Page 1-9 and Exhibits 1, 2, 3, 4, 5 and 6.
CONTRACTOR DATA AND SIGNATURE
Contractor Address:
Federal Tax ID# or Social Security #:_______________________
Is Contractor a nonresident alien? Yes No
Business Designation (check one):
Corporation-for profit
Sole Proprietorship
Corporation-non-profit
Partnership
Other, describe
A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the
administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service
under the name and Federal tax ID number or, if none, the Social Security number provided above.
I have read this Contract including the attached Exhibits. I understan d this Contract and agree to be bound by its
terms. NOTE: Contractor shall also sign Exhibits 3 and 4 and, if applicable, Exhibit 6.
__________________________________________ _________________________________
Signature Title
__________________________________________ _________________________________
Name (please print) Date
DESCHUTES COUNTY SIGNATURE
Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until
signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration
greater than $25,000 but less than $150,000 are not valid and not binding on the County until signed by the County
Administrator or the Board of County Commissioners.
Dated this ______ of __________________, 20__
DESCHUTES COUNTY ROAD DEPARTMENT DIRECTOR
________________________________________________
Dated this ______ of __________________, 20__
________________________________________
TAMMY BANEY, Chair, County Commissioner
______________________________________________
ANTHONY DEBONE, Vice Chair, County Commissioner
________________________________________
ALAN UNGER, County Commissioner
For Recording Stamp Only
REVIEWED
______________
LEGAL COUNSEL
Page 2 of 17 - Personal Services Contract No. 2014-535
STANDARD TERMS AND CONDITIONS
1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract.
2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and
manner set forth in Exhibit 1.
a. Payments shall be made to Contractor following County’s review and approval of billings and
deliverables submitted by Contractor.
b. All Contractor billings are subject to the maximum compensation amount of this contract.
c. Contractor shall not submit billings for, and County shall not pay, any amount in excess of th e maximum
compensation amount of this Contract, including any reimbursable expenses, (See Exhibit 5).
1) If the maximum compensation amount is increased by amendment to this Contract, the amendment
shall be signed by both parties and fully executed before Contractor performs work subject to the
amendment.
2) No payment shall be made for any services performed before the beginning date or after the
expiration date of this contract.
d. This Contract shall not be amended after the expiration date.
e. Unless otherwise specifically provided in Exhibit 5, Contractor shall submit monthly invoices for work
performed. The invoices shall describe all work performed with particularity and by whom it was
performed and shall itemize and explain all expenses for which reimbursement is claimed.
f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current
invoice.
g. Prior to approval or payment of any billing, County may require and Contractor shall provide any
information which County deems necessary to verify work has been properly performed in accordance
with the Contract.
3. Delegation, Subcontracts and Assignment. Contractor shall not delegate or subcontract any of the work
required by this Contract or assign or transfer any of its interest in this Contract, without the prior written
consent of County.
a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall
constitute a material breach of this contract.
b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County
may deem necessary.
c. No approval by the County of any assignment or transfer of interest shall be deemed to create any
obligation of the County to increase rates of payment or maximum Contract consideration.
d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and
services which are incidental to the provision of services under this Contract that are necessary for the
performance of the work.
e. Any subcontracts that the County may authorize shall contain all requirements of this contract, and
unless otherwise specified by the County the Contractor shall be responsible for the performance of the
subcontractor.
4. No Third Party Beneficiaries.
a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its
terms.
b. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to
third persons unless such third persons are individually identified by name in this Contract and expressly
described as intended beneficiaries of this Contract.
5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the
parties and their successors and approved assigns, if any.
6. Early Termination. This Contract may be terminated as follows:
a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at
any time.
b. Party’s Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar
days written notice to the other party.
Page 3 of 17 - Personal Services Contract No. 2014-535
c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the
Contractor, or at such later date as may be established by the County, under any of the following
conditions:
1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for
the purchase of the indicated quantity of services as required in this Contract.
2) This Contract may be modified to accommodate the change in available funds.
3) If state laws, 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 Contract or are no longer
eligible for the funding proposed for payments authorized by this Contract.
4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be
paid under this Contract, and if County has no funds legally available for consideration from other
sources.
5) 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, suspended, not renewed or
changed in such a way that the Contractor no longer meets requirements for such license or
certificate.
d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately
terminate the whole or any part of this Contract under any of the following conditions:
1) If the Contractor fails to provide services called for by this Contract within the time specified or any
extension thereof.
2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to p ursue
the work so as to endanger performance of this Contract in accordance with its terms, and after
receipt of written notice from the County specifying such failure, the Contractor fails to correct such
failure within 10 calendar days or such other period as the County may authorize.
3) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings,
makes an assignment for the benefit of creditors, or ceases doing business on a regular basis.
e. County Default or Breach.
1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior
to such termination, the Contractor shall give to the County written notice of the breach and intent to
terminate.
2) If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then
the Contractor may terminate this Contract at any time thereafter by giving notice of termination.
7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as
follows:
a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for
work performed prior to the termination date if such work was performed in accordance with the
Contract. Provided however, County shall not pay Contractor for any obligations or liabilities incurred by
Contractor after Contractor receives written notice of termination.
b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be
limited to payment for services provided in accordance with this Contract prior to the date of termination,
less any damages suffered by the County.
c. If terminated under subparagraph 6 e of this Contract by the Contractor due to a breach by the County,
then the County shall pay the Contractor for work performed prior to the termination date if such work
was performed in accordance with the Contract:
1) with respect to services compensable on an hourly basis, for unpaid invoices, hours worked within
any limits set forth in this Contract but not yet billed, authorized expenses incurred if payable
according to this Contract and interest within the limits set forth under ORS 293.462, and
2) With respect to deliverable-based Work, the sum designated for completing the deliverable multiplied
by the percentage of Work completed and accepted by County, less previous amounts paid and any
claim(s) that County has against Contractor.
3) Subject to the limitations under paragraph 8 of this Contract.
8. Remedies. In the event of breach of this Contract the parties shall have the following remedies:
a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any
obligations or liabilities of either party already reasonably incurred prior to such termination.
1) Contractor may not incur obligations or liabilities after Contractor receives written notice of
termination.
Page 4 of 17 - Personal Services Contract No. 2014-535
2) Additionally, neither party shall be liable for any indirect, incidental, consequential or special
damages under this Contract or for any damages of any sort arising solely from the termination of
this Contract in accordance with its terms.
b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor,
County may pursue any remedies available at law or in equity.
1) Such remedies may include, but are not limited to, termination of this contract, return of all or a
portion of this Contract amount, payment of interest earned on this Contract amount, and declaration
of ineligibility for the receipt of future contract awards.
2) Additionally, County may complete the work either by itself, by agreement with another Contractor, or
by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance
of the total compensation provided under this Contract, then the Contractor shall be liable to the
County for the amount of the reasonable excess.
c. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract,
Contractor shall repay any excess to County upon demand.
d. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest,
labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of Cou nty or
Contractor, respectively; however, Contractor shall make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue
performance of its obligations under this Contract. For any delay in performance as a result of the events
described in this subparagraph, Contractor shall be entitled to additional reasonable time for
performance that shall be set forth in an amendment to this Contract.
e. The passage of this Contract expiration date shall not extinguish or prejudice the County’s or
Contractor’s right to enforce this Contract with respect to any default or defect in performance that has
not been cured.
f. County’s remedies are cumulative to the extent the remedies are not inconsistent, and County may
pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
9. Contractor’s Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor
shall immediately cease all activities under this Contract unless County expressly directs otherwise in such
notice of termination.
a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works -
in-progress and other property that are or would be deliverables had this Contract been completed.
b. Upon County’s request, Contractor shall surrender to anyone County designates, all documents,
research, objects or other tangible things needed to complete the work.
10. Work Standard.
a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques,
sequences and procedures of performing the work, subject to the plans and specifications under this
Contract and shall be solely responsible for the errors and omissions of its employees, subcontractors
and agents.
b. For goods and services to be provided under this contract, Contractor agrees to:
1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans
and specifications approved by County;
2) comply with all applicable legal requirements;
3) comply with all programs, directives, and instructions of County relating to safety, storage of
equipment or materials;
4) take all precautions necessary to protect the safety of all persons at or near County or Contractor’s
facilities, including employees of Contractor, County and any other contractors or subcontractors and
to protect the work and all other property against damage.
11. Drugs and Alcohol. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol
and the unlawful selling, possession or use of controlled substances while performing work under this
Contract.
12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated
by reference herein.
13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of
Contractor for expenses, in addition to Exhibit 5, Exhibit 1 shall state that Contractor is or is not entitled to
Page 5 of 17 - Personal Services Contract No. 2014-535
reimbursement for such expenses.
a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the
performance of this contract.
b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include
any mark-up unless the mark-up on expenses is specifically agreed to in this Contract.
c. The cost of any subcontracted work approved in this Contract shall not be marked up.
d. Contractor shall not bill County for any time expended to complete the documents necessary for
reimbursement of expenses or for payment under this contract.
e. The limitations applicable to reimbursable expenses are set forth in Exhibit “5,” attached hereto and by
reference incorporated herein.
14. Criminal Background Investigations. Contractor understands that Contractor and Contractor’s employees
and agents are subject to periodic criminal background investigations by County and, if such investigations
disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach
of this Contract and County may terminate this Contract effective upon delivery of written notice to the
Contractor, or at such later date as may be established by the County.
15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as
follows:
a. Contractor shall not use, release or disclose any information concerning any employee, client, applicant
or person doing business with the County for any purpose not directly connected with the administration
of County's or the Contractor's responsibilities under this Contract except upon written consent of the
County, and if applicable, the employee, client, applicant or person.
b. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to
County and Contractor records understand and comply with this confidentiality provision.
c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid
eligible individuals as privileged communication, shall hold such information confidential, and shall not
disclose such information without the written consent of the individual, his or her attorney, the
responsible parent of a minor child, or the child’s guardian, except as required by other terms of this
Contract.
d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that
does not identify particular individuals.
e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the
transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act
(“HIPAA”).
f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the
privacy and security of records and for conducting transactions pursuant to HIPAA requirements.
g. This Contract may be amended in writing in the future to incorporate additional requirements related to
compliance with HIPAA.
h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business
Associate Agreement with County, which, if attached hereto, shall become a part of this Contract.
16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information
prescribed by County. Further, at any time, County has the right to demand adequate assurances that the
services provided by Contractor shall be in accordance with the Contract. Such assurances provided by
Contractor shall be supported by documentation in Contractor’s possession from third parties.
17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract.
a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other
records shall be maintained to the extent necessary to clearly reflect actions taken.
1) All records shall be retained and kept accessible for at least three years following the final payment
made under this Contract or all pending matters are closed, whichever is later.
2) If an audit, litigation or other action involving this Contract is started before the end of the three year
period, the records shall be retained until all issues arising out of the action are r esolved or until the
end of the three year period, whichever is later.
b. County and its authorized representatives shall have the right to direct access to all of Contractor’s
books, documents, papers and records related to this Contract for the purpose of conducting audits and
examinations and making copies, excerpts and transcripts.
Page 6 of 17 - Personal Services Contract No. 2014-535
1) These records also include licensed software and any records in electronic form, including but not
limited to computer hard drives, tape backups and other such storage devices. County shall
reimburse Contractor for Contractor’s cost of preparing copies.
2) At Contractor’s expense, the County, the Secretary of State’s Office of the State of Oregon, the
Federal Government, and their duly authorized representatives, shall have license to enter upon
Contractor’s premises to access and inspect the books, documents, papers, computer software,
electronic files and any other records of the Contractor which are directly pertinent to this Contract.
3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense,
make the above records available at a location acceptable to the County.
18. Ownership of Work. All work of Contractor that results from this Contract (the “Work Product”) is the
exclusive property of County.
a. County and Contractor intend that such Work Product be deemed “work made for hire” of which County
shall be deemed author.
b. If, for any reason, the Work Product is not deemed “work made for hire,” Contractor hereby irrevocably
assigns to County all of its right, title, and interest in and to any and all of the Work Product, whether
arising from copyright, patent, trademark, trade secret, or any other state or federal intelle ctual property
law or doctrine.
c. Contractor shall execute such further documents and instruments as County may reasonably request in
order to fully vest such rights in County.
d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any
and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of
approval, restriction or limitation on use or subsequent modifications.
e. County shall have no rights in any pre-existing work product of Contractor provided to County by
Contractor in the performance of this Contract except an irrevocable, non-exclusive, perpetual, royalty-
free license to copy, use and re-use any such work product for County use only.
f. If this Contract is terminated prior to completion, and County is not in default, County, in addition to any
other rights provided by this Contract, may require Contractor to transfer and deliver all partially
completed work products, reports or documentation that Contractor has specifically developed or
specifically acquired for the performance of this Contract.
g. In the event that Work Product is deemed Contractor’s Intellectual Property and not “work made for hire,”
Contractor hereby grants to County an irrevocable, non-exclusive, perpetual, royalty-free license to use,
reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor
Intellectual Property, and to authorize others to do the same on County’s behalf.
h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County’s
behalf and in the name of the County, an irrevocable, non-exclusive, perpetual, royalty-free license to use,
reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party
Intellectual Property, and to authorize others to do the same on County’s behalf.
19. County Code Provisions. Except as otherwise specifically provided, the provisions of Deschutes County
Code, Section 2.37.150 are incorporated herein by reference. Such code section may be found at the
following URL address: http://www.deschutes.org/County-Code.aspx?F=chapter+2.37.pdf
20. Partnership. County is not, by virtue of this contract, a partner or joint venturer with Contractor in connection
with activities carried out under this contract, and shall have no obligation with respect to Contractor’s debts
or any other liabilities of each and every nature.
21. Indemnity and Hold Harmless.
a. To the fullest extent authorized by law Contractor shall defend, save, hold harmless and indemnify the
County and its officers, employees and agents from and against all claims, suits, actions, losses,
damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the
activities of Contractor or its officers, employees, contractors, or agents under this Contract, including
without limitation any claims that the work, the work product or any other tangible or intangible items
delivered to County by Contractor that may be the subject of protection under any state or federal
intellectual property law or doctrine, or the County’s use thereof, infringes any patent, copyright, trade
secret, trademark, trade dress, mask work utility design or other proprietary right of any third party.
b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph
a of this paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the
claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal
Page 7 of 17 - Personal Services Contract No. 2014-535
representative of the County or any of its departments or agencies without first receiving from the
County’s legal counsel, in a form and manner determined appropriate by the County’s legal counsel,
authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of the
Count without the approval of the County’s legal counsel.
c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims
Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor
and its officers, employees and agents from and against all claims, suits, actions, l osses, damages,
liabilities costs and expenses of any nature resulting from or arising out of, or relating to t he activities of
County or its officers, employees, contractors, or agents under this Contract.
22. Waiver.
a. County’s delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall
not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege
under this Contract preclude any other or further exercise thereof or the exercise of any other such right,
power, or privilege.
b. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
23. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State
of Oregon without regard to principles of conflicts of law.
a. Any claim, action, suit or proceeding (collectively, “Claim”) between County and Contractor that arises
from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit
Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in
federal forum, then it shall be brought and conducted solely and exclusively within the United States
District Court for the District of Oregon.
b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN
PERSONAM JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on
International Sales of Goods shall not apply.
24. Severability. 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 obligations of the parties shall be construed and enforced as if this Contract did not contain
the particular term or provision held invalid.
25. Counterparts. This Contract may be executed in several counterparts, all of which when taken together
shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to
the same counterpart. Each copy of this Contract so executed shall constitute on original.
26. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties
hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or
number set forth below or to such other addresses or numbers as either party may hereafter indicate in
writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid.
a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the
designated person or representative.
b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine
generates receipt of the transmission. To be effective against County, such facsimile transmission shall
be confirmed by telephone notice to the County Administrator.
c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice
under this Contract shall be mailed by first class postage or delivered as follows:
To Contractor: To County:
Barry Johnson, Director of Engineering Tom Anderson
WHPacific Inc. County Administrator
123 SW Columbia Street 1300 NW Wall Street, Suite 200
Bend OR 97702 Bend, Oregon 97701
Fax No. 541.388.4229 Fax No. 541-385-3202
27. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the
parties.
Page 8 of 17 - Personal Services Contract No. 2014-535
a. All understandings and agreements between the parties and representations by either party concerning
this Contract are contained in this Contract.
b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in
writing signed by both parties.
c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for
the specific purpose given.
28. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity
Theft Protection Act (ORS 646A.600 et seq.).
29. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the
rights and obligations set forth in Sections 4, 5, 8, 9, 15, 17, 18, 20-27, 28 and 30.
30. Representations and Warranties.
a. Contractor’s Representations and Warranties. Contractor represents and warrants to County that:
1) Contractor has the power and authority to enter into and perform this Contract;
2) this Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms;
3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or
profession and Contractor will apply that skill and knowledge with care and diligence to perform the
Work in a professional manner and in accordance with standards prevalent in Contractor’s industry,
trade or profession;
4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent,
and duly licensed to perform the Work;
5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers,
and without collusion, fraud, or other dishonesty; and
6) Contractor’s making and performance of this Contract do not and will not violate any provision of any
applicable law, rule or regulation or order of any court, regulatory commission, board or other
administrative agency.
b. Warranties Cumulative. The warranties set forth in this paragraph are in addition to, and not in lieu of, any
other warranties provided
Page 9 of 17 - Personal Services Contract No. 2014-535
EXHIBIT 1
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
STATEMENT OF WORK, COMPENSATION
PAYMENT TERMS and SCHEDULE
1. Contractor shall perform the following work:
a. See attached Scope of Professional Services, Exhibit 1-A and associated Fee Estimate, Exhibit 1-B
b.
2. County Services. County shall provide Contractor, at county's expense, with material and services
described as follows:
a. As outlined in Exhibit 1-A
3. Consideration.
a. County shall pay Contractor on a fee-for-service basis at the hourly rates contained in Exhibit 1-B.
b. Contractor shall be entitled to reimbursement for expenses as set forth in Exhibit 5
YES NO [Check one]
4. The maximum compensation.
a. The maximum compensation under this contract, including allowable expenses, is $369,811.
b. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the
maximum compensation amount set forth above.
1) If this maximum compensation amount is increased by amendment of this contract, the amendment
shall be fully effective before contractor performs work subject to the amendment.
2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30)
calendar days prior to the expiration date.
5. Schedule of Performance or Delivery.
a. County’s obligation to pay depends upon Contractor’s delivery or performance in accordance with the
following schedule:
b. County will only pay for completed work that conforms to this schedule.
Page 10 of 17 - Personal Services Contract No. 2014-535
EXHIBIT 2
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
INSURANCE REQUIREMENTS
Contractor shall at all times maintain in force at Contractor’s expense, each insurance noted below.
Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except
Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract.
Policies written on a “claims made” basis must be approved and authorized by Deschutes County.
Contractor Name: WH Pacific Inc.
Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors
to provide workers’ compensation coverage for all subject workers, or provide certification of exempt status.
Worker’s Compensation Insurance to cover claims made under Worker’s Compensation, disability benefit or any
other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer’s
Liability coverage all at the statutory limits. . In the absence of statutory limits the limits of said Employers liability
coverage shall be not less than $1,000,000 each accident, disease and each employee. This insuran ce must be
endorsed with a waiver of subrogation endorsement, waiving the insured’s right of subrogation against County.
Professional Liability insurance with an occurrence combined single limit of not less than:
Per Occurrence limit Annual Aggregate limit
$1,000,000 $2,000,000
$2,000,000 $3,000,000
$3,000,000 $5,000,000
Professional Liability insurance covers damages caused by error, omission, or negligent acts related to
professional services provided under this Contract. The policy must provide extended reporting period coverage,
sometimes referred to as “tail coverage” for claims made within two years after the contract work is completed.
Required by County Not required by County (one box must be checked)
Commercial General Liability insurance with a combined single limit of not less than:
Per Single Claimant and Incident All Claimants Arising from Single Incident
$1,000,000 $2,000,000
$2,000,000 $3,000,000
$3,000,000 $4,000,000
Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury,
property damage, premises, operations, products, completed operations and contractual liability. The insurance
coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County, its
officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend
any suit against the named insured and the additional insureds, their officers, agents, or employees, even if such
suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage
its own attorney for the purpose of defending any legal action against County, its officers, agents, or employees,
and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys’ fees, incurred
or arising out of the defense of such action.
The policy shall be endorsed to name Deschutes County, its officers, agents, employees and volunteers as
an additional insured. The additional insured endorsement shall not include declarations that reduce any per
Page 11 of 17 - Personal Services Contract No. 2014-535
occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any
outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County
are maintained. Construction contracts may include aggregate limits that apply on a “per location” or “per project”
basis. The additional insurance protection shall extend equal protection to County as to Contractor or
subcontractors and shall not be limited to vicarious liability only or any similar limitation. To the extent any aspect
of this Paragraph shall be deemed unenforceable, then the additional insurance protection to County shall be
narrowed to the maximum amount of protection allowed by law.
Required by County Not required by County (One box must be checked)
Automobile Liability insurance with a combined single limit of not less than:
Per Occurrence
$500,000
$1,000,000
$2,000,000
Automobile Liability insurance includes coverage for bodily injury and property damage resulting from
operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any
motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the
course of providing services under this contract. Commercial Automobile Liability is required for contractors
that own business vehicles registered to the business. Examples include: plumbers, electricians or
construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a
sole proprietor that does not own vehicles registered to the business.
Required by County Not required by County (one box must be checked)
Additional Requirements. Contractor shall pay all deductibles and self-insured retentions. A cross-liability clause
or separation of insured's condition must be included in all commercial general liability policies required by this
Contract. Contractor’s coverage will be primary in the event of loss.
Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with
the signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation,
termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the
deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or
self-insured retention. If requested, complete copies of insurance policies shall be provided to the County.
Risk Management review Date
____________________________________ ___________________
Page 12 of 17 - Personal Services Contract No. 2014-535
EXHIBIT 3
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
CERTIFICATION STATEMENT FOR CORPORATION
OR INDEPENDENT CONTRACTOR
NOTE: Contractor Shall Complete A or B in addition to C below:
A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP.
I certify under penalty of perjury that Contractor is a [check one]:
Corporation Limited Liability Company Partnership authorized to do business in the State of Oregon.
_______________________________________ ____________________ ____________
Signature Title Date
B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.
Contractor certifies under penalty of perjury that the following statements are true:
1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and
state income tax returns last year in the name of the business (or file d a Schedule C in the name of the
business as part of a personal income tax return), and
2. Contractor represents to the public that the labor or services Contractor provides are provided by an
independently established business registered with the State of Oregon, and
3. All of the statements checked below are true.
NOTE: Check all that apply. You shall check at least three (3) - to establish that you are an
Independent Contractor.
____ A. The labor or services I perform are primarily carried out at a location that is separate from my
residence or primarily carried out in a specific portion of my residence that is set aside as the
location of the business.
____ B. I bear the risk of loss related to the business or provision of services as shown by factors such
as: (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or
(d) indemnification agreements, liability insurance, performance bonds or professional liability
insurance.
____ C. I have made significant investment in the business through means such as: (a) purchasing
necessary tools or equipment; (b) paying for the premises or facilities where services are
provided; or (c) paying for licenses, certificates or specialized training.
____ D. I have the authority to hire other persons to provide or to assist in providing the services and if
necessary to fire such persons.
____ E. Each year I perform labor or services for at least two different persons or entities or I routinely
engage in business advertising, solicitation or other marketing efforts reasonably calculated to
obtain new contracts to provide similar services.
____________________________________ _____________________________
Contractor Signature Date
Page 13 of 17 - Personal Services Contract No. 2014-535
C. Representation and Warranties.
Contractor certifies under penalty of perjury that the following statements are true to the best of
Contractor’s knowledge:
1. Contractor has the power and authority to enter into and perform this contract;
2. This contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable
in accordance with its terms;
3. The services under this Contract shall be performed in a good and workmanlike manner and in accor dance
with the highest professional standards; and
4. Contractor shall, at all times during the term of this contract, be qualified, professionally competent, and duly
licensed to perform the services.
5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS
305.380(4),
6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any
consideration and payments paid to Contractor under this contract; and
7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any
required subcontracts.
_______________________________________ _____________________
Contractor Signature Date
Page 14 of 17 - Personal Services Contract No. 2014-535
EXHIBIT 4
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
Workers’ Compensation Exemption Certificate
(To be used only when Contractor claims to be exempt from Workers’ Compensation coverage requirements)
Contractor is exempt from the requirement to obtain workers’ compensation insurance under ORS Chapter 656 for the following reason
(check the appropriate box):
SOLE PROPRIETOR
Contractor is a sole proprietor, and
Contractor has no employees, and
Contractor shall not hire employees to perform this contract.
CORPORATION - FOR PROFIT
Contractor’s business is incorporated, and
All employees of the corporation are officers and directors and have a substantial ownership interest* in the
corporation, and
The officers and directors shall perform all work. Contractor shall not hire other employees to perform this
contract.
CORPORATION - NONPROFIT
Contractor’s business is incorporated as a nonprofit corporation, and
Contractor has no employees; all work is performed by volunteers, and
Contractor shall not hire employees to perform this contract.
PARTNERSHIP
Contractor is a partnership, and
Contractor has no employees, and
All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and
Contractor is not engaged in work performed in direct connection with the construction, alteration, repair,
improvement, moving or demolition of an improvement to real property or appurtenances thereto.
LIMITED LIABILITY COMPANY
Contractor is a limited liability company, and
Contractor has no employees, and
All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and
If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with
the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or
appurtenances thereto.
*NOTE: Under OAR 436-050-050 a shareholder has a “substantial ownership” interest if the shareholder owns 10% of the corporation or,
if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of
all shareholders.
**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing
construction work. The requirements for this exemption are complicated. Consult with County Counsel before an exemption reque st is
accepted from a contractor who shall perform construction work.
____________________________________________ ______________________________________________
Contractor Printed Name Contractor Signature
________________________________________ __________________________________________
Contractor Title Date
Page 15 of 17 - Personal Services Contract No. 2014-535
EXHIBIT 5
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
Expense Reimbursement
1. Travel and Other Expenses. (When travel and other expenses are reimbursed.)
a. It is the policy of the County that all travel shall be allowed only when the travel is e ssential to the normal
discharge of the County responsibilities.
1) All travel shall be conducted in the most efficient and cost effective manner resulting in the best
value to the County.
2) Travel expenses shall be reimbursed for official County business only.
3) County shall not reimburse Contractor for any item that is not otherwise available for reimbursement
to an employee of Deschutes County per Deschutes County Finance Policy F-1,
“REIMBURSEMENT FOR MISCELLANEOUS EXPENSES AND EXPENSES INCURRED WHILE
TRAVELING ON COUNTY BUSINESS," dated 11/8/06.
4) County may approve a form other than the County Employee Reimbursement Form for Contractor to
submit an itemized description of travel expenses for payment.
5) Personal expenses shall not be authorized at any time.
6) All expenses are included in the total maximum contract amount.
b. Travel expenses shall be reimbursed only in accordance with rates approved by the County and only
when the reimbursement of expenses is specifically provided for in Exhibit 1, paragraph 3 of this
contract.
c. The current approved rates for reimbursement of travel expenses are set forth in the above described
policy.
d. County shall not reimburse for any expenses related to alcohol consumption or entertainment.
e. Except where noted, detailed receipts for all expenses shall be provided.
f. Charge slips for gross amounts are not acceptable.
g. County shall not reimburse Contractor for any item that is not otherwise available for reimbursement to
an employee of Deschutes County.
2. Approved reimbursements:
a. Mileage. Contractor shall be entitled to mileage for travel in a private automobile while Contractor is
acting within the course and scope of Contractor’s duties under this Contract and driving over the most
direct and usually traveled route to and from Bend, Oregon.
1) Reimbursement for mileage shall be equal to but not exceed those set by the United States General
Services Administration (“GSA”) and are subject to change accordingly.
2) To qualify for mileage reimbursement, Contractor shall hold a valid, current driver’s license for the
class of vehicle to be driven and carry personal automobile liability insurance in amounts not less
than those required by this contract.
3) No mileage reimbursement shall be paid for the use of motorcycles or mopeds.
b. Meals.
1) Any reimbursement for meals shall be for actual cost of meals incurred by Contractor while acting
within the course and scope of Contractor’s duties under this contract.
2) For purposes of calculating individual meals where the Contractor is entitled only to a partial day
reimbursement, the following maximum allocation of the meal expenses applies:
a) Breakfast, $10;
b) Lunch, $12;
c) Dinner, $22.
3) Except in the event of necessary overnight travel as provided below, partial day meal expenses shall
be reimbursed as follows and only while Contractor is acting within the course and scope of
Contractor’s duties under this contract:
a) Breakfast expenses are reimbursable if Contractor is required to travel more than two (2) h ours:
before the start Contractor’s regular workday (i.e. 8:00 a.m.).
b) Lunch expenses are reimbursable only if Contractor is required to travel overnight and begins
the journey before 11:00 am or ends the journey after 11:00 a.m.
c) Dinner expenses are reimbursable only if Contractor is required to travel more than two (2)
hours after Contractor’s regular workday (i.e. 5:00 p.m.).
Page 16 of 17 - Personal Services Contract No. 2014-535
4) Breakfast and dinner expenses are reimbursable during Contractor’s necessary overnight travel
while acting within the course and scope of Contractor’s duties under this contract and shall not
exceed those set by the GSA. and are subject to change accordingly.
c. Lodging.
1) County shall reimburse Contractor for Contractor’s actual cost of lodging necessary to provide
service to the County and shall not exceed the maximum lodge set by the GSA for Bend, Oregon.
2) Reimbursement rates for lodging are not considered “per diem” and receipts are required for
reimbursement.
d County shall not reimburse Contractor in excess of the lowest fair for any airline ticket or vehicle rental
charges.
3. Exceptions. Contractor shall obtain separate written approval of the County Administrator for any
exceptions to the expense items listed above prior to incurring any expense for which reimburs ement shall
be sought.
Page 17 of 17 - Personal Services Contract No. 2014-535
Exhibit 6
DESCHUTES COUNTY SERVICES CONTRACT
Contract No. 2014-535
Compliance with provisions, requirements of funding source and
Federal and State laws, statutes, rules, regulations, executive orders and policies.
Conflicts of Interest
Contractor certifies under penalty of perjury that the following statements are true to the best of
Contractor’s knowledge:
1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor ,
by signature to this Contract, declares and certifies that Contractor’s Work to be performed under this
Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations
of Contractor’s employee agency (County State or Federal) would prohibit Contractor’s Work under this
Contract. Contractor is not an “officer,” “employee,” or “agent” of the County, as those terms are used in
ORS 30.265.
2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with the awarding
of any federal 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.
a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit
Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions.
1) Standard Form-LLL and instructions are located in 45 CFR Part 93 Appendix B.
2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a
material condition of this Contract also file a copy of the Standard Form-LLL with the Department.
3) This filing shall occur at the same time as the filing in accordance with the instructions.
b. Contractor understands this certification is a material representation of fact upon which the County and
the Department has relied in entering into this Contract. Contractor further understands that submission
of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract.
c. 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.
d. Contractor shall include the language of this certification in the award documents for all sub-awards at all
tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
e. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with t he
terms of this certification.
f. Contractor promises to indemnify County for any damages suffered by County as a result of Contractor's
failure to comply with the terms of this certification.
3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a
material representation of facts upon which reliance was placed when this Contract was made or entered
into, submission of this certification is a prerequisite for make or entering into this Contract imposed by
Section 1352, Title 311, U.S. Code and that 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 failure.
_______________________________________ _____________________
Contractor Signature Date