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1996-186 Contract - Adkins Conslt
LOCAL AGENCY PERSONAL SERVICES CONTRACT Federal Aid = X- TEA- 0 3 0 5 ( ;~ Project Name ODOT/County Bridge # ODOT Ke.~ · CENTRAL ASHLAND MULTIPURtPOSE TRAIL 07538 .~dkzns conslt. This contract is between the City o f Ashland . acting by and through its Elected Officials, hereafter called Agency, and Engineers, Inc. hereafter called Contractor. Agency's super~i~L-.g ~presentative for this contract is ~r~ an A1 mqu~ .~ t Effective Date and Duration This contract shall become effective on (or on the date at which every party has signed this contract, and when required, the Oregon Department of Transportation {ODOT) hm o.x-,v.~.'recl~ xxSth this contract, or whichever date is later). This contract shall expire, unless o~he.-~v[~ terminated or extended, on May 30, 1997 Statement of ~A'ork (a) The statement of work is contained in EX~I1B1T A attached hereto and by this reference made a part hereof. (b) The delivery schedule for the work is i,~nfified in EXHIBIT A. Consideration (a) Agency agrees to pay Contractor a sum oc~ to exceed $ 38,636 for accomplishment of the work, inclhding agy allowable expenses. (b) linerim payments shall be made to Contmaor accordi0g to the schedule identified in EXHIBIT A. Travel and other expenses Reimbursement of travel and other expenses is alto~ed only in accordance with State of Oregon, Oregon Accounting Manual, General Travel Rules effective at the time &contract execution and as further defined in Exhibit A. Amendments The terms of this contract shall not be ;~vSved, ~ered, modified, supplemented, or amended, in any manner whatsoever, except by ~vitten ivamxment signed by the parties. Terms ~nd conditions listed on bac 'l~ide CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Name (please pfint): Adkins Consulting Engineers, Inc. Address: 130 West 9th Street- 'ociai Security #: MEDFORD OR' 97501 Federal Tax I D #: 93- 0915095 State Tax ID # Citizenship: Nonresident alien [3 Yes ~j~ No Business Designation (check one): [] lndMdual /~ [] Sole Proprietorship [] Parmership [2] Est~te/I'rust I~ Corporation [] Public Sea'ice Corporation [~ GovemmentalPNonprofit Payment information will be reported to the 1RS 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. l, 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 l/my business am not/is not in violation of any Oregon ~x la~; and hereby cen. ify I am an independent contractor as defined in ORS 670.600~ As noted in No. 21 of the Standard Contract Provisions, Contractor certification and signature apply to Exhibits D and E as appropriate. Signature/Tire Approved by Agency: Approved by Agency Legal Counsel: Concurrence by the Oregon Department of Transportation: AGENCY AND OTHER SIGNATURES Date Date Rev. 5~6~96 LOCAL AGENCY STA,XT)ARD CONTRACT PROVISIONS FOR PERSONAL SERVICES (NON-PERS MEMBERSI Retiremen1Syslem SIa~JS Con~aelor is nol It con~butin~ mem~r of ~%c J~u~: ~'~' Rtlit~menl S)~t~m ~d is ~ts~nsibl= for ~)' ftdtra~ or s~a~ ~xts ~p~i~ ~ ~ ~n~on or pa)~tnu pitid pa~cnts of federal Social Sects'. ~cmple~ ~ ~ ~o~tn com~n~fion except as a sclf~mploytd lnd~vidual. 2. Effective Dale ~d D~a~on ~e passage of ~e con,act expiation da~e (~ ~ ,~ ~e side) shall not prejudice o~ limb ei~et p~"s dghl ~e e~o~ ~ c~ ~ ~ct Io ~)' defauh or defect in ~ffo~cc ~at has nol been c~ed. 3. Gove~enl Emp]o~enl Slitms If ~is ~ent is to ~ c~ged aghast f~ ~ C,~ certifies il is ~ol c~ndy employed by ~c federal 4. Subcon, elS ~d Con,clot sh~l not en~cr in~e ~y su~on~:~ f~ ~)' ~ ~ ~heduled ~det ~[s con~ct o~ ~sign ot ~sfer ~y of i~ interest in ~s ~ ~ ~e pilot ~nen conseal of ~e .Agency. Su~on~acts exceeding S10.~ ~ ~ ~ ,~ ~1 ~quited pro~sions of ~e prime contact. Con,actor shall not ~ com~n~tt for ~ ~H ~ ~s tonka by ~y Dtpm ~tn: of ~t State of Oregon or Agcn~'. 6. F~ds Availabl~ ~d Au~odztd A~ency cc~es at ~e time of con~ct ~ ~ ~:~t ~dS ~C available ~d au~oNzed for cx~ndi~t to fin~ce cosu of ~s c~n~= *i~n ~e Agency's approp~a6on or limi~afiom Con~r~or ~den~ds ~d n~ ~ A~?s ~enl of ~o~U ~8~ con~a~ a~butable to ~'o~ ~o~ed ~ ~ ~ l~isla~vdy approved budg~ con~ngcnt on Agency receiving s~ci~t ~a~ ~i:a~o~ or o~ nutone' ~om ~c ~gon Legisla~vt Asscrab1); In ~ ~ ~ ~gon Leglslati~ fails to approve surelent arprop~adons. limi~o~ or o~ e~di~ su~od~'. Ag~cy l~mi~te ~is con~cL egec~ve u~n ~e dtlix~' of v~=m notice Io Con,clot. ~5~ no ~tt liabiliD' to Con,clot. T~i~on (s) ~i$ con~ rosy ~ le~inated by mu~ ~I ofk~ ~ or by ~e Ag~' u~n 30 dn)~' nonce in ~fing ~d delivered by cc~fi~ m~l u N ~ ~) A~ency may te~ina~e ~is con~ cg~fivt u~m &livc~ of ~nen nonce Io ~t Con,clot. ot at such ]al~ ~t~ ~ ran) ~ ~abl~ ~' ~ -~m~'. ~der ~y of~c follo~Sng condi~ons: (i) If Agmry ~ding dom fed~ s~te ~ o~= ~ is m~ ~ed ~d con~ued at levels su~cicnt Io ~1ow for ~c p~ch~ of ~ ~ q~fiD' of sc~Sce$. ~t con~cl m~)' ~ m~ified to accomm~le n ~edu~on ~ ~ (iS) If fedc~ or s~c regulations or g~acl~ ~ m~fi~ ~Std or ~te~re~ed ~ suah way ~at ~c ~4ccs ~ no Iong~ ~1o~blc ~ ~ f~ ~h~ ~d~ ~Js c~ ~ ~c no Iong~ eligible for ~c f~din~ pm~ f~ ~}m~a ~ by ~is (iii) If ~y llc~ or c~fiule ~d ~' b*' ~ ~ ~o ~ held by ~t Con~ ~a prozac ~c s~c~ ~qulrtd by ~is con~ is f~ ~y ~ d~ ~vokrd oz nol ~ Any such tc~on of ~s con~ct ~d~ ~b~ 7(~) ~ ?~) sh~ll ~ ~oul ~cc to ~)' obl]ga~ons or liabili~cs of c~ ~' ~d)' K~ ~ to such (c) ~c AE~ may ~na~c ~c whole w ~y ~ of ~s a~cnl by ~cn no6cc of dcfauh OncJud~g breach of con~a~) to ~c Con~ 0) If ~c Con.clot f~ls to provide ~ccs ~l~ fw b)' ~s con~ ~n ~c ~mc h~cin or ~)' cxl~s~on ~crcoC or (E) ]f~t Con.clot f~]s Io ~ffo~ ~y of~ o~ ~'~ offs con~cL ~ ~ f~ ~o p~uc ~c wo~ u ~o cn~g~ ~o~cc of ~s ~n~ ~ accor~ce ~ ~U t~s, Dd ~e rffc¥[ of ~n~ no~cc flora ~c A~', fgis [o ~ such fgl~cs ~ 10 b)~ ~ such o~ ~ u ~c Agency may ~e ~ghu ~d Kinedits of ~c Agcn~ p~dcd ~ ~ a~ cla~ rclaled Io (~nclud~ng ~c~ch o~con~cl) by ~c Con~ ~] ~ ~ cxci~vc ~d ~ ~n a~on to ~y o~er ~ ~d rcmc~ies provided b)' law or ~r ~s c~ Access Io Rccor~ A~cncy, ~c S~rcl~, of Sealo's O~ce ~d ~c ~p~cn~ ef T~s~na~on of ~c S~tc of ~cgo~ ~c fcdc~l govc~cn~ ~d ~c~ d~y au~o~ ~p~scn:a~vcs sh~l havc i~css to · c ~ks, d~cnu, pa~ ~d rccor~ of ~ Con~:~ ~cdy ~ncnl to ~c con~c~ for ~c p~sc of~g aud~ c~aG~ cxc~u ~d ~sc~p~ for a ~ of ~cc (~) yc~ ~cr final p~)~L Cop]cs o~ ~71~blc ~r~ sh~l ~ made avilabit rcqucsL Pa)~cnt for cos~ of cop~cs is ~mb~blc by Agcn:y. 9. Smc Ton Claims Act Con~c~o~ ~s not ~ o~ccr, cropbyte Or a~t Of~C Su~c of ~cgon or Agency ~ ~osc tc~s ~c used in O~ ~0.26S. ]0. Comp]i~cc ~ Appllcab?c L~w Con.clot sh~l comply ~ a]~ federal, s~c ~d ]~ ~ ~ org]n~ccs applk~b3c ~o ~c work ~dcr ~is con~acL inc]ud~ng ~oK on ~]B]T B ~ich ~s ~n~chcd hcrc~o ~d by ~s reference ~adc a p~ h~cof. Con~czor a_~s ~c p~s;ons of ORS 279.~1~ 2793 279~3i6, 279.320 ~d 279.733 sh~l apply ~o ~d ~ovcm ~c ~ffo~cc of ~is con~ Con~aclor s~] cc~ cornplitco ~ O~ 670.~. u ~t ~o~ in ~H]B]T C whkh is a~chcd h~cto ~d by ~is rcf~cc made a ~ ] 1 .a Indemnity - Claims for C~er '&~ P~ofcsslonal Liability Conlzactor shall defend. sa~,,c ~d hold h~lcss ~c S~atc of agcnu ~d cmp~eyccs fiom all claims, sulu or K~ons o( ~ u~' including intcn~o~ Jets resulting from or ~sing om of ~c ic~ of C~ ,~ ~ ~on~cto~. agcnu m employes ~dcr ~is agrecmcnt. I ] .b lndcmni~ - Claims for Professional Lisbili~ Control shall dtfen~ save ~d hold h~less ~e S~le of~egon ~ -~?- ~e~ o~ce~. agenu ~fl empJo~.~s. ~om all claims. sui~ or ac~ons ~sing ~ of~ ~a~ negligent employes in peffo~ce of professionfl scn4ces ~det 12. Insm~ce E~IBIT B is hereby referenced ~d made a p~ or,is con~cL ~3. ~ershlp of Wo~ Product All wo~ producu of ~e Con,actor which resuh · ~ ABbey. 14. Nondiscrimination Conicfor agrees Io comply wi~ ~I appllcab]e requJ~men~ of fed~ rehabill,don s~ml~s. ~les ~d regulations. Con~c~ ~1so shill ~ ~ ~e Americas ~fi~ ~bilifies Act of 1~ (Pub L No. 101-336) incluring Tide II ~ A~ O~ 659.425 ~fi ~1 ~gulafions ~d a~inis~afive ~es established p~u~ Successo~ ~ Inlerest ~e pro~4slons of ~is con~ct sh~l ~ binding u~n ~d shall in~ hereto, ~d ~cir ~s~cfivc sueccs~ ~d ~signs. Exccu~on ~d ~is con~ct may ~ cxccmcd in scvc~ co~tc~ each of whi~ ~ ~ ~ ~gind, ~l of w~ch shall co~6mtc but one ~d ~c ~c ins~cnL I?. Fo~c ~sL ncu of G~ ~d wu which is ~yond such p~"s ~uonablc ~ ~ ~' shall ~ow~, m~c dl ~uon.bic c~o~ ~o Kmovc or climlnalc such ]8. Scvc~bi]i~ pro~sions sha1] nol ~ ~cc~e~ ~d ~c ~ghu ~d obliga~ons of ~ ~ ~l ~ cons~ ~d c~orctd u if ~c con.c1 d{d not com~n ~c ~c con~czor sh~l ~ffo~ such addi6ond wo~ W~i~'cr ~e f~]~c of ~e Agmcy Io cnfo~c ~)' pre~slon of~is con~ by ~ A8cn~ of~a~ or ~y o~ prO~SiO~ 21. ~ Rcqubcmcn~ ~cn fcac~ ~ ~c involved in ~is con~cL Con.trot 22. Govcmlng ~w ~c ~Hsions of ~s con~ct s~al] ~ coasted Mc~r Cla~c THIS CO~ ~D A~ACHED ~IDITS CO~S~T~ AG~E~ENT B~ THE PAR~. NO WAI~ CO~5~T. MOD]~CA~ON OR CHX~GE OF T[~S OF THIS COnTaCT SHALL D~D ~G AND SIGNED BY ~OTH PARTLY. SUCH ~'.&~V[~ CONS~T, MODi~CA~ON OR C~NG~ IF ~D~ SHALL DE E~[~ O~LY IN SP[CI~C ~STANC[S AND FOR TH~ SP[CIHC ~U~OSE Gi~. TH[~ ~ NO ~DE~T~D~GS, AG~E~E~S OR ~P~[~TAT~O~S, o~L OR W~, NOT SPECIFI[D H[~ ~GA~G ~]S CON~CT. ~CTO~ BY THE SIG~A~ OF ITS XUTHO~ZED ~P~S~A~ HE~Y AC~O~E~S ~T H~ ~S ~D THIS CONTACT. ~DE~TANDS IT .~N'D AG~ TO BO~D BY ITS TE~S A~D CONDITIONS. Rev. 5/6/96 LOCAL AGENCY CONTRACT EXHIBIT A Part 1 of Statement of Work and Delivery Schedule PRELIMINARY ENGINEERING GENERAL OBLIGATIONS The engineering services related to the location and design of the project shall be the responsibility as in the following checklist: Agency ODOT Contractor [] [] [] Project Management z Public and Agency Coordination Preliminary Field Surveys Foundation Investigation Hydraulic Studies and Reports Draft and Final Environmental Documents Prepare A I1 Required Pemit Applications Prepare Right of Way Descriptions Right of Way Acquisition Prepare Final Plans, Special Provisions, and Cost Estimates Other Outline for Developing Statement of Work B. PROJECT UNDERSTANDING General Project Description, Existing Conditions, Road Closure/Stage Construction, Bridge Design Issues (Foundation, Hydraulic), R/W Issues, Environmental, Permitting. Rev. 5/10/96 DESIGN STANDARDS Design standards, guidelines, requirements, and methodologies to be used are prescribed in the latest editions of the publications listed below. The list is not intended to be exhaustive. General and Administrative The Oregon Action Plan for Transportation, ODOT; Standard Specifications for Highway Construction, ODOT 1991. En virontttental Wetland Delineation Manual, USCOE/EPA 1987; ?rojects environmental document. Geotechnical Soil and Rock Classification Manual, ODOT; Foundation Design and Report Writing and Report Writing for Projects Designed By Consultants, ODOT June 1994. Hydraulic Hydraulic Manual, ODOT 1990; Hydraulic Design and Report Writing for Projects Designed by Consultants, ODOT June 1994; HEC -I 8 Evaluating Scour at Bridges, FHWA; HEC-20 Stream Stability at Highway Bridges, FHWA; Local drainage master plan. Structural Standard Specifications for Highway Bridges with ODOT Supplemental, AASHTO 1992; Bridge Office Practice Manual, ODOT 1994; Retaining Structures Manual, ODOT 1993. Roadway Highway Design Manual, ODOT 1993; A Policy on Geometric Design of Highways and Streets, AASHTO 1990; Contract Road Plans Guide, ODOT Guide to Region/Consultants/Local Agency for the Preparation of Highway Contract Specifications for OSHD; Guide for Design of Pavement Strutural Manual, ODOT 1994; Guide for Pavement Design of New Work Sections, Reconstruction, and Existing Pavement Rehabilitation or Overlay, ODOT 1990; Oregon Bicycle and Pedestrian Plan. Right of Way ODOT Right of Way Manual; LPA Right of Way Acquisition Manual (approved by ODOT.) Rev. 5/10/96 D. DETAILED WORK TASKS Project Management Contract Management; Subconsultant Management; Quality Control Plan; Schedules and Invoices; Progress Reviews; Schedule, coordinate and supervise project work; Maintain Liaison and Coordination with Agency, ODOT, FHWA and Outside Agencies; Prepare Records of Decisions; Develop and Manage Subconsultant Contracts; Prepare Invoices and Supporting Data; Monitor Project Budget; Prepare, Maintain and Update Project Activity Schedule; Provide Timely Responses to County and ODOT Comments; FHWA Funding Participation. Preliminary Field Surveys Data Collection; Topographic Surveying and Mapping; Survey Records and As-built Drawings; Utilities Located; Stream Cross Sections. Foundation Investigation and Report Records Research; Geological Reconnaissance; Field Drilling Program and Laboratory Testing; Foundation Report; Foundation Data Plan Sheet. Hydraulic Studies and Reports Contributing Drainage Area At Site; Flood Frequency versus Peak Discharge; Local Knowledge of Past Floods; Backwater Analysis; Hydraulic Analysis and Report. Preliminary Design Location Narrative; Roadway Alternatives; Bridge Alternative Study; Type, Size, and Location Report. Draft and Final Environmental Documents Environmental Checklist and Guidelines; Wetlands Delineation; Endangered Species; Environmental Permits-ODFW, US FW. Rev. 5/10/96 Public Information Public Information Plan: Public Involvement Meetings. Prepare All Required Permit Applications Joint Permit Application to U.S. Army Corps of Engineers and Oregon Division of State Lands Coast Guard; Determine permits from or notification of other agencies; Submit Required Permits to Local Agency for Review, Approval and Signature. Right of Way Mapping Research and Smq, ey; Prepare Legal Descriptions for Right of Way to be Acquired; Horizontal Control and Recovery Map; Legalization of County Road; Right of Way Staking for Acquisition; Right of Way Monumentation and Mapping. Right of Way Acquisition Estimate of R/W Costs; Appraisal and Review; Independent Negotiations; Certification of R/W Acquired. Prepare Final Plans Prepare Final Plans; Final Quantities and Engineer's Cost Estimate; Markup Special Provisions for ODOT Preparation; Engineers Construction Schedule; Respond to County and ODOT comments on TSL and Final PSE; Prepare Utility Notifications. Bidding Assistance Respond to Questions From Bidders, County and ODOT; Prepare and Issue Plans and Specifications Addenda as Warranted; Evaluate if Bids Are Responsive. Local Agency / ODOT Project Responsibilities Execution of local agreements (county/state); Attend Project Kickoff Meeting (county & state); Assign a liaison person to monitor work (county & state); Right-of-Way appraisals, negotiations and acquisitions (county); Review and approve all Preliminary Reports and T,S, and L. (county and state); Reviexv and approve Final Plans, Specifications, and Cost Estimate (county and state); Prepare Plan Title Sheet, Quantity Summary, and Final Special Provisions (state); Advertise, Print and Distribute Bid Documents, Conduct Bid Letting, Award Contract (state); Review Utility Notifications (county); Review and revise funding agreement (county & state). SCHEDULE Project Milestone Submittal Dates Project Kickoff Meeting Preliminary Design Environmental Documents Right of Way Mapping Final Plans Submittal Right of Way Certification Bid Date (Contractor shall submit complete schedule similar in format to the attached example0 F. DOCUMENTS FURNISHED BY CONTRACTOR All documents prepared by Contractor pursuant to this agreement shall be property of Agency. Contractor may retain copies 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. Documents Furnished To Agency by Contractor Three copies of: foundation, hydraulic, pavement design and wetlands mitigation reports. Three copies of: preliminary design drawings, reports and studies. Two copies of permit applications and wetlands delineation. Three copies of complete contract drawings (half size), 11" x 17" special provisions and engineer's cost estimate. One copy design computations. One set contract plan sheets on permanent scale stable material. (Local Agency ma~y require electronic files of contract plans submitted in a format compatible with a specific CADD so,rare.) Contract documents for projects scheduled for bid letting after September 30, 1996 are to be submitted in metric system of measurement. - G. ENDORSEMENT OF DATA Contractor shall place his official Oregon Registered Engineer seal and signature on all engineering data furnished to the Agency. Name of Firm: Mailing Address: Contact Person: Telephone: Introduction SCOPE OF WORK City of Ashland Engineering Services for the Central Ashland Multi-Use Path ODOT Key No. 07538 Federal Aid # X-TEA-0305(4) Adkins Consulting Engineers, Inc. 130 West Ninth Street, Medford, Oregon 97501 Charles A. Johnson (541) 779-5375 Fax: (541) 779-5376 The following represents a scope of work for the provision of preliminary engineering services resulting in the plans, specifications and estimates for the construction of the Central:Ashland Multi-Use Path. Limits of Work The location of the Central Ashland Multi-Use Path is along the southerly side of the Central Oregon & Pacific Railroad as follows: 1. Eighth Street to North Mountain Avenue in city owned property. 2. North Mountain Avenue to East Main Street; in railroad right of way. 3. East Main to Wightman Street, existing. 4. Wightman Street to Walker Avenue on Southern Oregon State College (SOSC) land. 5. Walker Avenue to 310'+ easterly in a ten foot wide (10') easement on railroad property. 6 310'± Easterly of Walker Avenue to Normal Avenue on school district and City of Ashland park property. 7. Normal-Avenue to Shamrock Lane across the city owned Mountain View Cemetery. Scope of Work 1. Coordinate and attend City/County/State/Consultant meetings. As this project makes use of federal and state funds~ there is a need for periodic meetings to assure that the work is pro- ceeding in accordance with applicable rules, regulations and guidelines. Specifically called for are standards developed by AASHTO and the state of Oregon. The state's Oregon Bi- cycle and Pedestrian Plan will provide primary guidance in the development of the plans. Specifically, plans are required to meet AASHTO guidelines and, due to a change in ODOT format standards, shall be prepared with metric dimensions. 2. Preliminary field surveys and foundation investigations. In order to produce accurate plans and to assure stable construction conditions, a topographic survey of the entire route will be required and soil investigations conducted. The topographic survey will provide grade and alignment information for the area between the railroad tracks and from thirty to sixty feet southerly of the tracks and along existing maintenance roads within the cemetery. 8/21 '96 Soils will be investigated by Soils Testing Lab, Inc. (STL) in locations where there is specific interest (sites of structures) and at reasonable intervals along the route. 3. Hydraulic studies and reports available from the city will be used to size storm drain facilities. 4. Environmental documentation. Environmental documentation will be provided by BWR as required. (Preliminary inquiry has determined that the three areas of concern to be docu- mented are biology, historical property and wetlands.) 5. Preliminary location and design. The preliminary location of the facilities will be determined by the engineer and. after review and conformation by the city, design will then proceed based on that location. Primary concerns in the location of the facilities are interfacing with other traffic facilities, park facilities and private or quasi-private facilities. Sight distances, physical obstacles, design standards and environmental impacts are all of concern in the loca- tion and design of the facilities. 6. Quantities and cost estimates. The engineer will assemble construction item qua_ntities and generate cost estimates based on those quantities. _~ 7. Special provisions will be written to cover those areas of work needing specific identification of material, methods or procedures of construction. The individual bid items will be identi- fied and described in the special provisions. 8. Plans, specifications and estimates. The plans, specifications and estimates based on the pre- liminary design will be prepared in accordance with ODOT standards in AutoCAD 13 (with files provided to ODOT in AutoCAD 12 format), Microsoft Word, and Microsoft Excel for- mats. Plans, specifications and estimates will be submitted for agency review and comments no later than December 15, 1996 9. Revision of plans, special provisions and estimates as required. After review by the city and ODOT the plans and specifications will be revised to comply with the comments received. 10. Preparation of legal description(s) for any right-of-way to be acquired. Legal descriptions as required will be prepared. It is expected that these descriptions will be limited to areas where there may be some leeway as to location of the path, such as through SOSC. 11. Clerical services. Clerical services for the Medford office of Adkins Consulting Engineers, Inc. are provided through an arrangement with Soils Testing Lab, Inc. at an hourly rate set forth in that finn's standard charges ($19.00/hour). The services charged will be limited to direct charges not overhead services such as bookkeeping. Summary Engineering services to be covered by this contract include: The environmental review, survey, design, specification, cost estimation and other services culminating in the plans, specifications and estimates for the construction of the multi-use facilities described in the Request For Propos- als issued by the City of Ashland and dated March 15, 1996. 30208S()\VD()C 2 ~ ~ 1 Co LOCAL AGENCY CONTRACT EXHIBIT A Part 2 of 3 Cost Plus Fixed Fee Consideration 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. (2) 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 ]O) ! ~, ,~--~- 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 is __ i c~ -~ percent of the direct labor cost. The overhead costs are estimated to be [ q,~ q ~ ~ ~ ~ , based on the provisional overhead rate stated above. The provisional overhead cost rate is an estimate bhsed 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 costs of other Contractors. The direct nonlabor costs are estimated to be .~'~ ~4~--. ~ . as set forth in Part 3 ofthis exhibit. (4) The fixed fee, which is the Contractor's profit, shall be ,~ t9 [ (.Q. . The fixed fee will be prorated and paid monthly in proportion to the percentage of the work completed as estimated in Contractor% 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 -~) (a~vithout 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. 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. 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. In the event the prelininary engineering (PE) contract is amended to include construction engineering (CE) work, Contractor will be required to submit PE and CE billings separately and clearly note the type of work covered in the billing period (PE or CE.) All PE billings must be submitted within 60 days after construction contract letting date. No PE costs can be incurred after the construction letting date. (Agency shall forward all approved billings to ODOTs liaison person for reimbursement to Agency. ODOT shall submit all claims for federal participation to FHWA. ODOT shall make payment of all approved billing statements in accordance with ORS 293.462.) Payment for work accomplished shall be those costs allowable under the provisions of 48 CFR 31 (Federal Acquisition Regulations). Contractor is responsible to complete all work as defined in the statement of work to the satisfaction of the Agency. If Contractor expends all time and funds but services and products are not satisfactory, Contractor is responsible to complete work to Agency's satisfaction without further compensation. 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. Rev. 5/10/96 Any such increase in the maximum amount shall be the subject of a supplemental contact to be negotiated betv~.een Agency and~ Contractor. 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 (5%) of the total contract amount until all required work is completed and accepted by the Agency. 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. TRAVEL AND OTHER EXPENSES The Agency and the State of Oregon shall allow travel only when it is essential to the normal discharge of Contractor's responsibilities. All travel shall be conducted in the most efficient and cost-effective manner, must comply with all requirements set forth in this contract and must be for official contract business only. Personal expenses shall not be authorized at any time. Travel expenses shall be reimbursed only in accordance with rates in the General Travel Rules in the Oregon Accounting Manual in effect at the time of contract execution. These rates are identified below: Mileage for travel in a private automobile, during the course and scope of contractually required duties and driving over the most direct and usually traveled route, will be reimbursed at a rate of 25 cents per mile. Contractor must hold a valid 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 1) the Oregon Financial Responsibility Law (ORS 806.060) or 2) the jurisdiction in which the vehicle is being operated, whichever is greater. No mileage reimbursement will be paid for the use of motorcycles or mopeds. Per diem expense for a twenty-four (24) hour period will be paid at current state management rates ($66.00 per day), adjusted by $1.00 per hour for each hour over or under a full twenty-four (24) hour period. 3. Current individual rates for meabs and lodging are as follows: Breakfast $ 6.50 Lunch $ 6.50 Dinner $13.00 Lodging $40.00 (Unless lodging is identified as higher within the Oregon Accounting Manual, General Travel Rules, Exhibit C: Maximum Per Diem Rates for Travel within the State of Oregon.) Breakfast and dinner expenses shall be reimbursed only when overnight travel is required or when Contractor, while acting within the course and scope of contractua!ly required duties is required to travel more than two (2) hours: 1) before the start (for breakfast expense reimbursement) or 2) after the end (for dinner expense reimbursement), of Contractor's regular workday (8:00 a.m. to 5:00 p.m.). Lunch expense is reimbursable only if the Contractor, while acting within the course and scope of contractually required duties under this contract, is required to travel overnight and begins the journey before 11:00 a.m. or ends the journey after 11:00 a.m. Breakfast and dinner expenses are reimbursable during Contractor's necessary overnight travel while performing contractually required services. Contractor must obtain written approval of Agency and ODOT, when necessary prior to incurring any other expenses for which reimbursement will be sought. In addition to meals and lodging, out-of-state travel expenses will be reimbursed for airfare and rental vehicles only when Contractor is acting within the course and scope of contractually required duties. Receipts are required for all out-of-state travel expenses. Contractor representatives will fly coach class unless Contractor personally pays the difference. Contractor representatives are limited to a mid-size rental vehicle unless Contractor personally pays the difference. Rev. 5/10/96 96/[ 15/8 DOG 'l'q I,L80E0 ~.' i £ 9 L66[ laofo.~d P][t I ( )¢ I( ) ,'1 a I I'.t~i i<' I .~ ':~o!lua~?ods suoTs!^okI Iuu!.q suo!luo[lddv l[tUJOd uo!l!s!nbv / gu!ddulAI AS/'d £O(/O / Xouo§v A~O[AO~I X. mu[m!lo.~d ug!sa(l ~uuItu!l.~d puu Xpnls uo!loOlOS-odA£ s!sXIuUV ImUOtUUOJ!^u~ so!pnls lUo!uqooloorO Xo~ns ol!S s~u!lootN u~[sacI A-mu!tu!IO~d paAoJddv luotuoo-rgV ~d 0I 6 966[ 8 qluol~ olnpoqoS ~O^}la(I loofO.~d qlud osFl-.~llnlA! puulqsv Ie-~luoD :ainuN loo.fo,~d Central Ashland Multi-Use Path EXHIBIT A Part 3 of 3 CORPORATIONS FOR ACTUAL COST PLUS A FIXED FEE OR LUMP SUM ESTIMATES Direct Labor CALCULATION OF OVERHEAD RATE For the Year Ended March 31, 1996 $ 399,216.27 Overhead Expenses Payroll Expenses Vacation/Holiday/Sick Leave Payroll Taxes Employee Insurance Pension/Retirement Plan Total Payroll Expenses General and Administrative Expenses Indirect Labor Employee Education Auto Expense Repairs and Maintenance Travel Office Rent Utilities Equipment Rental Supplies Legal and Accounting Dues and Subscriptions General Insurance Depreciation Outside Administrative Services Advertising & Employee Search Fees Total Gen. and Admin. Exp. Total Overhead Expenses Overhead Rate: Overhead Exp./Direct Labor $ - 23,139.76 60,135.78 10,561.70 40,000.00 $ 133,837.24 $ 374,890.59 8,110.54 16,772.60 11,566.03 796.65 62,700.00 20,193.34 50 634.23 43 309.37 o 10 872.65 3 954.35 16 803.25 17 562.34 7 220.75 7 100.91 $ 652 487.6O $ 786,324.84 197.0% Page 1 Central Ashland Multi-Use Path EXHIBIT A Part 3 of 3 CORPORATIONS FOR ACTUAL COST PLUS A FIXED FEE OR LUMP SUM ESTIMATES BREAKDOWN OF DIRECT LABOR AND DIRECT NONLABOR COSTS Direct Labor Cost Personnel Senior Civil Engineer Junior Civil Engineer Engineering Technician Hours Pay Rate 214 19.23 320 13.50 226 7.50 Total Estimated Cost $ 4,115.22 4,320.00 : 1,695.00 $: 10,13022 Direct Nonlabor Costs Travel and perdiem: Per diem - Air travel - cars at Mileage: days at trips at per day for 750 miles at $ 0.25 per day days per mile Total 187.50 $ 187.50 Rent expense: Office Rent - Equipment rent. $ 500.00 per/mon./for per/week/for 2 months weeks Total 1,000.00 $ 1,000.00 Page 2 Central Ashland Multi-Use Path EXHIBIT A Part 3 of 3 CORPORATIONS FOR ACTUAL COST PLUS A FIXED FEE OR LUMP SUM ESTIMATES SUMMARY OF ESTIMATE FOR SERVICES Direct labor cost Overhead cost 197.0% Subtotal Fixed Fee Direct Nonlabor Costs Travel and Per Diem Rent Expense Reproduction Expenses Computer Expense Communications Outside Consultants BWR Associates, Inc., environmental studies Soils Testing Lab, Inc., soils and materials testing, clerical Other Subtotal TOTAL ESTIMATE $ $ $ $ 1 O, 130.22 19,953.20 30,083.42 3,01000 187.50 1,00000 360.00 120.00 2,100. O0 1,775.00 5,542.50 38,635.92 Page 3 B WR ASSOCIATES, INC. ENVIIqE}NMENTA[ C©NSIJL TABIT~ April 25, 1996 Adkins Consulting Engineers, Inc. Attn: Charles Johnson, P.E. 130 W. Ninth Street Medford, OR 97501 REGARDING: ENVIRONMENTAL REVIEW OF ASHLAND MULTI-USE PATH Dear Mr. Johnson: This proposal is in response to your request for performance of required Oregon Department of Transportation (ODOT) environmental review process for the design of the Central Ashland Multi-use Path. The reviews (as per ODOT's Lori Butler) are outlined in the enclosed April 2, 1996 letter, and include biological, historical, and wetland review for the multi-use path impact area. ~' BWR Associates, Inc. (BWR) proposes to perform the work described in the April 2, 1996 letter addressed to Adkins Consulting Engineers, Inc. As per our recent phone conversation, the work will be performed on a time and materials basis, using BWR's enclosed fee schedule. BWR will bill on a monthly basis, terms are net 10 days. The estimated cost of the environmental review is $2100.00. If unavoidable environmental impacts from the path require further investigation, (a wetland delineation for example), an additional estimate of costs will be submitted. To indicate acceptance of this proposal and terms, please sign one copy, and return it to BWR. In the event of project cancellation after receipt of a signed proposal, BWR will bill for all work performed to date. In the case where litigation occurs to enforce this agreement, the prevailing party shall be entitled to collect attorney fees. BWR's professional liability is limited to the total invoiced amount for this project. BWR appreciates the opportunity to team with you on this project. Sincerely, David W. Fawcett Consulting Division Manager Adkins Consulting Engineers, Inc. By: Date: P96-1 l 0G Multi-use Path 920 MASON WAY · MEDFORD, OREGON 9750q-'I B WR ASSOCIATES, INC. ENVIRONMENTAL CONSULTANTS April 2, 1996 Adkins Consulting Engineers, Inc. Atm: Charles Johnson, P.E. 130 W. Ninth Street Medford, OR 97501 Dear Chuck: As per your request, BWR Associates, Inc. (BWR) has investigated the Oregon Department of Transportation (ODOT) environmental review process for the Central Ashland Multi-use Path, City of Ashland RFP. It is our understanding that this proposal is for preliminary work on this project. You have requested that BWR describe the necessary environmental reviews to comply with ODOT requirements. I have contacted Lori Butler (ODOT environmental coordinator), and the following outline of work to be completed is based on a phone conversation with her. Biology Review - Check Natural Heritage database for evidence of endangered, threatened, or other protected species and habitat impacted by the proposed work. Historical Property Search - Determine if the proposed project will impact any property that is on the National Register, or is National Register eligible. 3. Wetland Review - Review of impact of proposed project on potential wetland areas. Lori indicated that ODOT had previously reviewed the proposed project for archeological impacts, Section 4(f) issues, and recreation resource issues, and that no further work was required in these areas. It is our understanding that the above review process would include a statement from BWR that no impacts were anticipated based on review of records and the proposed project. If potential impacts were found, further study (e.g. wetland determination) would be required. BWR appreciates the oppurtunity to work with you on this project. Please call if you have any further questions, or would like a quote for the environmental review. Sincerely, David W. Fawcett Consulting Division Manager DWF/dwf P.O. BOX 4577 · MEDFORD, OREGON 97501-0182 · r~O~ ~'~e ? ~ From : Rug. 28 1996 11:25RM P01 So~ls Test. 1ng-lqdktns Cons. Eng. PHOHE No. : 5;41 779 FNV1YtONMENT/~I CONRI ILTAK1T.~ BWR ASSOCIATES, INC. FEE SCHEDULE APRIL 1996 ENVIRONMENTAL CONSULTING Consulting Division Manager Environmental $oionfisf. Environmental Teohniclan Clerical Assimtance TR~VEL TIME CON'tinCT SERVICES PERDIEM-ONE PERSON MATERLAI.$ & SUPPLIES MILEAGE PROJECT SUPPORT/COORDiNATION 57.00 per hour 45.00 per hour 40.00 per hour 30,00 per hotJr 45.00 per hour Cost 100.00 per day Cost' 0.25 per mile NOTES: 1) The Int;orrrtafioll a]'~d rel:,~ will remain the property ot BWR Associates. Inc.. u~dil the invoir~ 2) BWR employees required to v~k in excess of 8-houm per day will be invoiced at time-and-o '~UBMITTED BY: BWR AsaocJatos. Ino. ~20 Maso~t Way Me¢lfo~, OR 97501-1343 P96-1100 MASON WAY t MEDFOI"ID. OREGON ~75o1-I:~4."-~ · [5411 779-2646 SOILS · AGGREGATES · ASPHALT · SOILS TESTING LAB, INC. 130 WEST 9TH STREET MEDFORD, OREGON 97501-3107 FAX NO: (54 I) 779-5376 ..... ~.'tXd ? .... CONCRETE · COMPACTION 6-14-96 Adkins Consulting Engineers, Inc. 130 West 9th St. Medford, Oregon 97501 ATTN: Charles A. Johnson, Re: Ashland Bike Path - Cost Estimate Chuck Johnson, Based on the information you provided and the following assumptions, the estimated cost for providing the necessary testing for design of the pavement section for the Ashland Bike Path is approximately $1775. - The project will be approximately 7000 feet in length. Testing will encompass site examination, soil profile logging to a depth of 12 to 24 inches, soil sampling, lab testing to provide moisture - density relationships per AASHTO T-99 for the different soil types encountered, and CBR testing of the soils at your direction. Assuming one sample hole will be required every 500 linear feet of pavement, plus 4 extra sample holes to allow for variances in the soils, a total of 18 test holes may be excavated. The actual number of holes excavated will be dependent upon the conditions encountered in the field. It is estimated a total of seven different soil types may be encountered requiring AASHTO T-99 moisture-density relationship testing. Of these it is estimated three will require CBR testing for your design calculations. Cost for the aforementioned testing is based on Soils Testing Lab, Inc.'s current fee Schedule as follows: Mil~eage for 2 site visits = 60 miles @ $0.25/mile = $15.00 Field Technician time (portal to portal) = 12 hours at $30.00/hour = $360.00 AASHT0 T-99'S = 7 at $100.00/each = $700.00 AASHTO T-193 CBR's = 3 at $200/each with existing proctor = $600.00 Report preparation = 3 hours at $30.00/hour = $90.00 Total Estimated Cost = $1770 I hope this is sufficient for your needs. Respectfully, Steven D. Steinkamp Laboratory Manager EXHIB1T B (NON-PEPS MEMBER) PERSONAL SERVICES CONTRACT COMt'LIANCE WITH .kFFI ICABLE LAW 279.312 Ccmd/t~=-.s c~ public c-on~cts cc=',,t:r'~b'udons to L,"Mvzs~...a.t Ac~,.Z._-,,~ Purd, Liens and ~dthhold/ng taxes. Ev~y ?,aSEc ~n:ract shall ccmt2in a condddon that the conLz2Jaz: (1) Ma3ce pa)'m~nt r~.?Sy, as due, to all per, ns s,app]y:mg ~ ~ ~.~ h~ ~ mateNal c~. (2) Pay ~ ~~ ~ ~ ~ the ~d~ A~d~t ~_~ ~ ~ ~~ ~ c~. (3) Not ~t ~ny Em ~ d~im m ~ ~ ~ (4) Pay ~ ~e ~mt ff Rw~ ~ ~ 1~ c.493 $76) ~ d~ ~e ~ o~ ~~ ~~ ~ may ~, may ~y ~ d~Lm ~ ~e ~ (2) ~e ~mt N a d~im M ~e ~ 279.316 Ccmdificrn crm,~,&tg N:r,_~ d -I~N.~'. (1) Ev~ ~Ec ~ sh~ ~t ~ ~ ~ ~ ~ploy~ f~ m~ ~n eight ~~y~ ~y, ~ a~u~y ~ ~t, 0~2~.~1, ~e ~ ~ ~d at ]~st ~e ~d a ~ ~y for ~ ov~e a ~y ~ f~ w~k ~o~a~ ~ ~-~y ~ m any (2) ~~~f~~~5~ as d~ ~ O~ ~1, ~e ~ ~ ~ a ~d a ~ for ~ ov~e w~ ~ ~y ~ w~ ~t f~ ~s~d,~l; ~ thee ~ w~ ~ ~ud~ ~ O~ ~0 ~ ~1 ~~U.S.~ ~ ~1 m ~ ~ ~g ~~ (~~1~7~167 ~1; 1~ ~1; 19~ c.6~ ~1) 279020 C&r~ticms crnze~-~g pa),'ment for m~ ~ ~ ~d~g w~' ~¢d~. (I) Ev~ ~Hc ~ ~ ~ ~ a ~ the ~~ s~ ~pfiy, ~ due, ~ ~)~t ~ tony ~ ~ ~ a~m ~dd~t m ~ ~ ~ ~~ a~ ~ ~y f~ ~ ~5~ ~ all d~ ~ ~e ~ ~ ~ptoy~ ~.~ m any (2) Ev~ ~C ~ ~ s~ ~ a ~~~ ~at ~ ~ploy~ ~ ~ ~ ~ ~ ~ploy~ t~t ~ ~ply ~O~17. (~~1~7~ ~; 1981 RECYCLU~G As required by ORS 2_79.;~, k'~ the performance of ~ contmcf Con~c~or sh2H use nx-)'chble products to the maximtram a=~'~t econon~cally feasible in perforn~ance of the contzrac~ work set forth in this document. INSURANCE During the term of t. kis cor~ct Contractor shall maintain in force at ils own ex'p~-~, each insm-ance noted below: ::, .£ . 5: 1.i.2~..1~ RecF~-ed by Agency ~f c-pntractors with one or more workers, as de_fined by ORS ~%.02.7. Workers' Compens;flon i.n. sumnce in compliance with ORS 656.017, which requ.h~ subject employers to pro~,'ide Ck-%'-on workers' compeTu~t-lon coverage for all their subject wvrkers. z" eq . ed by bdgency El Not req C ed by ^g cy _ Professional Li~'~ i,~ ,~--a.nce with a combined single Limit or the equ.iv-aJent of ~ot ]ess .. :. ~ Q $200,000, ~,CO,O,'O, CI $1,000,0C0 or D $2,000,000 each claim, incident or :;..-.' Tl'ds 'iS:.to cover d~ma~s c~used by error, orrdssion or negligent act~ i~]ated to the "Brofessional services p~-ided under ~ cont:ract. 3~ :: g Requi.red by Agency Cl Not required by Agency '"":: General Liab'~ insurance with a combined single limit or the equivalent of not 1~-~ than [] $200,000, '~$~0,000, U $1,000,000 or [] $Z0~,000 each occurrence for Bodily Injury and .i Property Damage. It sh2d.1 include contractual liability coverage for the indemnity pro~4ded · .:' under ~ cont:r~ct. it st~X1 provide that the Slate of Oregon, Depa~f.~tent of TransFor'~.ti°n ~ "and it's officers and employees are Additional Ensureds with. respect to Coner-actor's serwces : :~: provided under ~ Con~:mct. ' 4. ~'i [~ Required by Agency CI Not requh-ed by Agency "Automobile Liability in_car-~ce with a combined' single limit or the equivalent of not less than c!'Oregon FLrtanci~ Responsibility Law (ORS 806.060), [] $200,000, I~ $,%q0~ or [] $1,003~ each accident for Bodily Injury and Property Damage, including cove_r'age for owned, h.ired or nonowned vehicles as ap?licable. .Notice of ca_nceLlaton or change. There shah be no cancellation, material change, reduction .~ of Emits or intent not to rene.w the insurance coverage(s) without 30 days written notice · - 'from Contractor or its irt_cu~"er(s) to the Oregon Department of Transportation. 6. Certificates of irtsurance..As evidence of the insurance coverages required by this contract, Cont:t-actor shag furnish acceptable irtsm'ance certificates to the Oregon Department of Transporgation prior to i~-dtiation of work. The certificates will speciby all Additional Insured. Lvasuring cornparries or entities are subject to Depathatent acceptance. If requested, complete copies of i.nstwance policies, tn-u.st agreements, etc. shall be provided to Department. Cont:r'actor shah be gnanci~Lly res?ortsible for all pertinent deductibles, self-insured retentions and/or se]_f-insurance. ExIcmtIT C CER:rIFICATION STATES~NT FOR CORPORATION OR INDEPENDENT CONTRACTOR (Contractor complete A or B below.) A. CONTRACTOR IS A CORPORATION. CORPORATION CERTIFICATION: I undersigned, authorized to act on behalf of entity designated below, hereby certify under penalty ofperjm'y that entity is a corporation. B. CONTRACTOR IS [N~EPENI)ENT. Contractor certifies he/she meets the following standards: I am registered under ORS chapter 701 to provide labor or services for which such registration is required. I have filed federal and state income tax returns in the name of my business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. I represent to the public that the labor or services are to be provided by my independently established business as four (4) or more of the following circumstances exist (Please check four or more of the following:) ~ A. The labor or services are primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence, which is set aside the location of the business. B. Commercial advertising or business cards are purchased for the business, or'I have a trade association membership; C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are ix'formed only pursuant to written contracts ... E. Labor or services are lx. rformed for two or more different persons within a period of one year. _ F. I assume financial respoas~ility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance, liability insurance relating to the labor or services to be provided. Contractor Signature Date . (If Contractor is Independent, Agency complete C below) C. AGENCY APPROVAL. ORS 670.600 Independent contractor standards. As used in various provisions of ORS chapters 316, 656, 657, and 701, and individual or business entity that performs 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. State agency certifies the contracted work meets the following standards: I. The Contractor is free from direction and control over the means and manner of providing the labor o~ services, subject only to the specifications of the desired results. 2. The Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. The Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. The Contractor has the authority to hire and fu'e employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. Agency Signature Date Rev. 5~9/96 EXI-UBIT D CONTRACTOR CERTIHCATION Contractor certifies by signing this contract that Contractor has nol: (a) Employed or retxined for a commission, percentage, brokerage, contip. g.ency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as art express or implied condition for obtairdng this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant), any fee, contribution, donation or consideration of any 'kind for or in connection with, procuring or carrying out the contract, except as here expressly stared (ff any): : Contractor further admowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. AGENCY OFFICIAL CERTIFICATION (ODOT) Depart:merit official like~4se cerfiacies by signing t14s contract that Contractor or his/her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this contract to: (a) Employ, retain or agree to employ or retain, any firm or person or pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (ff any): Department official further ackno~wledges this cerffficate is to be furnished to the Federal Highway Admirdstration, and is subject to apphcab]e State and Federal laws, both criminal and civil. EXHIBIT E Federal Provisions Oregon Department of Transportation I. CERTIFICATION OF NONINVOLVEMENT IN .ANY DEBARMENT AND SUSPENSION Contractor certifies by sigrdng this contract that to the best of its knowledge and belief, it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarkly excluded from covered transactions by any Federal department or agent3'; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transacPion ,,r Rev. 4/23/96 EXDEPSC. doc o contract under a pubhc transaction; violation of federal or s~te antitrust statutes or commission of emb~;':lement, theft, forgery, bribery falsification or des.tzruction of records, making false statements or receiving stolen property; Are not presently indicted for or otherwise criminally or ck411y charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period -preceding this apphcation/proposal had one or more public transactions (federal, · state or local) terminated for cause or default. 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, imtiafing agency, and dates of action. If additional space is required, attach another page with the following heading: Certification Exceptions continued, Contract Insert. EXCEPTIONS: 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. II. 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 Rev. 4/23/96 EXDEPSC.do< 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 cormectJon with the Oregon Department of Transportation determination to enter into fids transaction. Failure to furnish an explanation shall disqrfalify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department 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 Go~e _rmnent or the Department may terminate-this transaction for cause of default. The Contracior shall provide immediate written notice to the Department to whom this proposal is submitted if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary. covered transaction", "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 Department's Program Section (Tel. (503) 986-3400) to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 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 Department or agency entering into this transaction. The Contractor fuN. her agrees by submitting this proposal that it will include the Addendum to Form FIq'WA-1273 rifled, "Append. ix B--Certification Regarding Debarment, Suspension, Ineligibility and Voltmtm-y Exclusion-Lower Tier Covered · Transactions', provided by the Depa~kment enterLug into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier'covered transactions. ADDENDUM TO FORM F/-~VA-1273, REQUIILED CONTRACT PROVISIONS This certification' applies to subcontractors, material suppliers, vendors, and other lower tier pm~ddpan~. Appendix B of 49 CFR Part 29 - Appendix B--Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions Instrucrions for Certification 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 t.hat the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its prindpals. Each participant may, but is not required to, check the Nonprocurement List published by the U.S. General Services Administration. Nothing contained in the foregoing shall be consl2-ued to required establishment of a system of records to render in good faith the cerfffication required by this clause. The knowledge and irdormation of a par.ticipant is not required to exceed that which is normally possessed by a prudent person in the ordinary course o£ business dealings. 10. Except for transactions authorized under paragraph 6 of these mstrucrions, 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 m this transaction, m addition to other remedies available to the Federal Government or the Department, the Department may terminate this transaction for cause or default. 2. By signing and submitting this contract, the prospective lower tier participant is providing the certification.~set out below. _- 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 knowingly rendered an erroneous cert:ification' in addition to other remedies available to the Federal Government, the depa~ba,ent or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this contract is submitted ff 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. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "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. Rev. 4/23]96 EXDEPSC.doc -5. The prospective lower tier participant agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not kn. owingly 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 depmLment or agency with which this transaction originated. 6. The further agree by submitting this contract that it ~,d!l include this clause titled, "Certification Regarding Debarment, Suspension, hneligibility and Voluntary Exclusion-Lower Tier Covered Transaction", ~dthout modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. prospective lower tier participant 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 voluntarfiy 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. Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification require by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person m the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, i.f a participant m a covered transacldon knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineLigdble or volunta;~ly excluded from participation in this transaction, m addition to other remedies avafiable to the Federal Government, the department or agency with which this transaction originated may pursue agailable remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions a. 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 voluntarfiy excluded from participation in this transaction by any Federal depa~ Lment or agency. b. 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. IV. EMPLOYMENT 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, Department 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, giJt or contingent fee. 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 4/23196 EXDEPSC dec contract, in the employ of Department, except reguba'ly retired employees, without written consent of the public employer of such person. .: Contractor agrees to perform consulting services with that standard of care, skill and diligence normagy provided by a professional in the performance of such consulting services on work similar to that hereunder. Department shall be entitled to rely on the accuracy, competence, and completeness of Contractoffs services. V. NONDISCRIMJ_NATION During the performance of th/s contract, Contractor, for himself, h.is assignees and successors in interest, hereinaJahzr referred to as Contractor, agrees as follows: Compliance with Regulations. Contractor agrees to comply ~dth Title VI of the Civ/l R_ight~ Act of 1964, ahd Section 162(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights Restoration Act of 1987. Contractor shah comply with the regulations of the Depa~ ba~ent of Transportation relative to nondiscrimination in Federally assisted programs of the Depa~ta~ent of Transportation, Title 4% 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. Conin'actor, with regard to the work performed after award and prior to completion of the contract work, shall not discriminate on grounds of race, creed, color, sex or nat:ional origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shah not participate either directly or indirectly in the discr/mination prohibited by Sect/on 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations. Solicitation for Subcon,actors, including Procurement of Materials and Equipment. In alJ solicitarSons, either by cornpet/tire ~e,' 4/23/% EXDET'S~ doc 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 Contractoffs obligations under ttds contract and regulations rela~'e to nond/scrimination on hge 'grounds of race, creed, color, sex or national origin. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act). During the performance of this contract, Contractor agrees as follows: Contractor will not discriminate against any employeg or applicant for employment becaus~ oir 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 nafdonal 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive considerat/on for employment without regard to race, creed, color, sex or national origin. 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 h/s books, records, accounts, other sources of informat/on, and VI. his facilities as may be determined by Department or FHWA as appropriate, and shall set forth what efforts he has made to obtain the information. ,.. Sanctions for Noncompliance. In the event of Contrachvr's noncompLiance with the non 'drschmination provisions of the contrack Depa~Lment shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not l/mired to: a. Withhold/.ng of pa)maents to Contractor under the agreement until Contractor complies; and/or b. Cancellation, termination or suspension of the agreement in whole or in part. Incorporation of Provisions. Contractor will include the provisions of paragraphs 1 through 6 of this section in every subcontrack including procurement of materials and leases of equipment, urdess exempt from Regulations orders or instructions issued pursuant thereto. Contractor shall take such action vdth respect to any subcontractor or procurement as Depa~kment or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompLiance; provided, however, that in the event Contractor becomes involved in or is threatened with htigation with a subcontractor or suppl/er as a result of such direction, Depa~Lment may, at its option, enter into such litigation to protect the interests of Department, and, in addition, Contractor may request Department to enter into such lit/gat/on to protect the interests of the State of Oregon. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY In accordance with Title 49, Code of Federal Regulations, Part 23 or as may be amended (49 CFR 23), Contractor shah agree to abide by and take all necessary and reasonable steps to comply with the following statement: Rev. 4/23/96 EXDEIX3C.doc DBE POLICY STATEMENT DBE Policy. 'It is the policy of the Oregon Department of Transportation (Department) that Disadvantaged Business Enterprises as defined in 49 CF'R 23 shall have the max/mum 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 ayees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part .with Federal funds. In this regard, Conffacfor shall take all necessary and reasonable steps in accordance with 49 CFR 23 to ensure that Disadvantaged Business Enterprises have the max/mum 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 con,acts. The DBE Policy Statement shall be included in all' subcontracts entered into under this contract. Records and Reports. Contractor shall provide monthly documentation to Department that it is subcontracting with or purchasing materials from the DBEs identified to meet contract goals. Contractor shall notify Department and obtain its written approval before replacing a DBE or making any change in the DBE part/cipation listed. If a DBE is unable to fulfill the original obligation to the contract, Contractor must demonstrate to Department the Affirmat/re Action steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items. The monthly documentat/on will not be required after the DBE goal commitment is sat/sfactory to Department. Any DBE participation attained after the DBE goal has been sahsfied should be reported the Departments. DBEDefirdtion. Only firms cerfffied by the State of Oregon, Department of Consumer & Business Services, .Office of Minority, Women & Emerging Small Business, may be ut/li:,ed to satisfy this obligation. CONTRACTOR'S DBE CONTRACT GOAL DBE GOAL ___~% 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 fids project as required by ORS 200.045. VII. LOBBYING The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief, tha~ No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempffng to int]uence 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 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. 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 ils ms/ructions. Rev. 4123196 EXDEPSC dc< This cert:tficafion is a material representation of fact upon which reliance was placed when th~ transactibn was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 135Z Title 31, U.S. Code. Any person who fails to file the required cerl:ff-ication shall b~ 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 cerffficafion be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly..