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Res 1594 - St of OR Agrmt 18079 COUNCIL BILL NO. 2058 RESOLUTION NO. 1594 A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NO. 18079 WITH THE STATE OF OREGON TO INSTALL SIGN BRIDGES ON STATE HIGHWAY 214/219 AT THE 1-5 INTERCHANGE AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, as a condition of approval for a factory store development, the City, Craig Development Realty, and the State of Oregon agreed to share in the costs of installation of two sign bridge on State Highway 214/219 at the 1-5 interchange, and WHEREAS, the State of Oregon, Department of Transportation, has programed a funding source for the state's share of the sign bridge project, and WHEREAS, the State of Oregon, Department of Transportation, has developed a cooperative improvement agreement that is required to secure state funding and to outline responsibilities for completion of the project, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into Cooperative Improvement Agreement No. 18079, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to provide for installation of sign bridges on State Highway 214/219 at the 1-5 interchange. Page 1- COUNCIL BILL NO. 2058 RESOLUTION NO. 1594 e_-T~ Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign said agreement on behalf of the City. Approved as to fOrm;-n. en- .~ City Attorney 7-!!1/Z'o~ . I Date APPROVED:~ Ric ard Jennings, ayo Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~~ Mar ~ant, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2058 RESOLUTION NO. 1594 ,,-~ 'T' . -",....- , ". July 24, 2000 JUlY 25, 2000 July 25, 2000 lJuly 25, 2000 ATTACHMENT A . .. Page --L of.::zJ::::: June 9, 2000 Misc. Contracts & Agreements Agreement No.: 18079 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and THE CITY OF WOODBURN, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". RECITALS 1. The Hillsboro-Silverton Highway, also known as State Routes 219 and 214, is a part of the State Highway System under the jurisdiction and control of the Oregon Transportation Commission. 2. By the authority granted in ORS 190 110, 366.770 and 366.775, State may enter into cooperative agreements with cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any State highway by any authority other than the State, except with its written approval. 4. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within State. When said money or letter of credit is deposited, State shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: .-----r.... ...--_...,...._-,...--_.~..~.._.---- CIf)' ()/ W(}odhurll / ,";/u/e oj ()re~(}n Agn'<.'II/<.'n/ No 1<'1(71) June I). _'()()() ATTAC~ENT~ lita@ of / :{ I'uge 2 TERMS OF AGREEMENT 1. State and City, in their judgment, have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic on the Hillsboro-Silverton Highway in Woodburn, to install two signs and sign bridges over the Hillsboro- Sllverton Highway, one on each side of the 1-5 interchange, hereinafter referred to as "Project" The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2 The Project will be financed with funds available to the City and State. The total cost of the project is estimated to be $180,000. The project estimate is subject to change. 3. This agreement shall begin on the date all required signatures are obtained and shall remain in effect for the purpose of on-going maintenance responsibilities for the useful life of the facilities constructed as part of the Project. STATE OBLIGATIONS 1. State shall identify and obtain or issue the required permits; arrange for relocation or adjustment of any conflicting utility facilities located on State or City right-of-way; perform any necessary preliminary engineering and design work required to produce plans, specifications and cost estimates for Project; arrange all right-of-way easements if any are needed; advertise for bid proposals; award all contracts; pay all contractor costs; and furnish all construction engineering, material testing, technical inspection and project manager services for administration of the construction contract entered into for this Project. 2. State shall pay for all costs of the project beyond the funds contributed by City (including funds City obtains from the developer). 3. State shall, upon execution of this agreement and prior to award of Project, forward to City a letter of request for a lump sum payment of $92,600 to be used toward Project. State shall not award a construction contract for Project until the required funds have been received from City, 4. Upon completion of Project and at its own expense, State shall maintain the signs and sign bridges. T~ Ity Of Woodhurn / Stale of Oregon Agreement No /8079 June 9. 2000 ATTACHMENT A "g~ --l... of J ~ F'ay,e J CITY OBLIGATIONS 1. City shall be responsible for obtaining the required lump sum payment from the developer of the Woodburn Company Stores to pay the remaining amount of the developer's share of the project ($42,600). The developer's contribution of $42,600 plus what they have already spent on early preliminary engineering and desi9n work equals $50,000. ' 2. City shall, upon a letter of request from State and prior to award of Project, forward to State a lump sum payment of $92,600 ($50,000 of City funds and $42,600 from the developer). 3. City grants State the right to enter onto and occupy, if necessary, City right-of-way for the completion of Project and future maintenance of the signs and sign bridges. 4. City represents that this agreement is signed by personnel who have been duly authorized to do so by the City Council. 5. City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this Project. GENERAL PROVISIONS 1. State and City agree and understand that a mutual review and approval of the Project plans and specifications will be conducted prior to the advertisement of the construction contract for the Project. 2. All employers, their subcontractors, if any, and all employees working under this agreement are subject employees under Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 3. This agreement may be terminated by mutual written consent of both parties. State may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of the following conditions. '--y--'" -- ~-- Clly of WoodhUTn / .'ilale of Oregon Agreement No IS07() .lune 9. 2000 ATTACHMENT A Page~ of I,'q = I' age .f a. If City fails to provide services called for by this agreement within the time specified herein or any extension thereof. b. If City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within 10 days or such longer period as State may authorize. c. If City fails to provide payment to State as described in this agreement. d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the Agreement. e. If Federal or state laws, regulations, or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 4. Both parties shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279,320, and 279.555, by this reference made a part hereof. Without limiting the generality of the foregoing, the parties expressly agree to comply with: (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. City acknowledges and agrees that State and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writing of City that are pertinent to this agreement to perform examinations and audits and make excerpts and transcripts. City shall retain and keep all files and records for a minimum of three years after completion of the Project. 6. As federal funds are involved in this agreement, Exhibits Band C are attached hereto and by this reference made a part of this agreement and are hereby certified to by State and City representatives. ~~'~'-<<"'T""" -, '~-""~"-'r-"-"". ,._....-_..,...~~.._-'"-'..-... ry 0/ Woodburn / State of Oregon Agreement No. 18079 June 9. 2000 ATTACH)t1ENT -L1- Page ~ of /3 Page 5 7. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification, or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision. SIGNA TURE PAGE TO FOLLOW .._~+n '__'_n. ......n........__~. ....n.. n.._............_..__~.. _..._._.........._. Cay Of Woodhurn! Stale of Oregon Agreement No. /8079 June 9, 2000 ATTACHMENT d Page --k.. of L Page 6 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission approved this project on June 7, 2000, by adding it through an amendment to the 2000-2003 Statewide Transportation Improvement Program. On March 18, 1999, the Oregon Transportation Commission approved Subdelegation Order 2, in which the Director grants authority to the Executive Deputy Director/Chief Engineer to approve and execute agreements over $75,000 for work in the current Statewide Transportation Improvement Program. STATE OF OREGON, by and through its Department of Transportation CITY OF WOODBURN, by and through its elected officials By Executive Deputy Director/Chief Engineer Date By Title By APPROVAL RECOMMENDED Title By Region 2 Manager Date Date By APPROVED AS TO LEGAL SUFFICIENCY State Traffic Engineer Date By City Legal Counsel By Date State District 3 Manager Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date ....- .T'~'" ... ..--.., -......' ...-.- ,. --_... ..... ~......, .-.- . . '1 R2 W. R.l W. . ~ ATTAC -- Page ~ 110. t - 0 g "", 1-0 . : . c 1 ~ ... o . . . . o. o~ ~ ~ I ~ I I ~ " " ~ I I on West Woodburn ;..r I I r- I I I I I . ;:::;::. , - 1 <D 0> on <( """ ""- s.wn.w DR ----J EXHIBiT f-\ CITY OF WOODBURN ROUTES 214 AND 219 SIGN BRIDGE PROJECT EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION ATTACHMENT A Page -B- of i :J Contractor certifies by signing this contract that Contractor has not: (a) Employed or retained for a commission, percentage, brokerage, contingency 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 an express or implied condition for obtaining this contract, to employ or retain the services of any finn 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 stated (if any) Contractor further acknowledges 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 CERTlFICA TION (ODOT) Department official likeWise certifies by signing this 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 finn or person or (b) payor agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. EXHIBIT C Federal Provisions Oregon Department of Transportation I. CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing 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 inel igible or voluntari Iy excluded from covered transactions by any Federal department or agency: 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) transaction or contract under a publ ic transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements or receiving stolen property: Re, ,'I0I200U AC,R IIIX"lR I ~_.....,...._-_...,...,-,......._--~._----,_._._------ 3 Are not presently indicted for or othenNlse criminally or civilly charged by a governmenlal entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (I )(b) of this certification: and 4. lIave not within a three-year period preceding this application/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, initiating 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 m 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 CERTIFICA TION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS 8y slgnmg this contract, the Contractor IS providing the certification set out below. 2. The inability to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The Contractor shall explain why he or she cannot provide the certification set out below. This explanation will be considered in connection with the Oregon Department of Transportation detefmination to enter into this transaction. Failure to furnish an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the 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 1(<, ~i1()I2()()() M;R ITIXTR I . "_. -- ..- ""T-C" . ATTACHMENT A Page --2... Of.::zr::=: to the Federal Ciovernment.or the Department may terminate this transaction for cause of default. 4 The Contractor shall provide immediate written notice to the Department to whom this proposal is subm itted 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", "inel igible", "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. 6. The Contractor agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transactions with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency entering into this transaction. 7 The Contractor further agrees by submitting this proposal that it will include the Addendum to Form FHW A- I 273 titled, "Appendix B--Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionnLower Tier Covered Transactions", provided by the Department entering into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8 ^ participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. ^ participant may decide the method and freqaency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List published by the U. S. General Services Administration. <) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause The knowledge and infomlation of a participant is not required to exceed that which is nomlally possessed by a prudent person in the ordinary course of business dealings 10. Except for transactions authOrized under paragraph 6 of these instructions, if a partiCIpant III a covered transaction knowingly enters into a lower tier covered transaction with a person who IS suspended, debarred, ineligible or voluntanly excluded from participation in this transaction, in addition to other remedies available to the Federal Government or the Department, the Department may terminate this transaction for cause or default (II ADDENDUM TO FORM ,.IlW A-I273, REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors, and other lower tier participants Appendix B of 49 CFR Part 29 - Appcndix B--Certification Rcgarding Suspension, I ncligibility, and Exc\usion--Lower Tier Covered Transactions Debarment, Voluntary Instructions for Certification 1. By signing and submitting this contract, the prospective lower tier participant IS providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later detennined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue avai lable remedies, including suspension and/or debarment 3. The prospective lowcr ticr participant shall provide immediate written notice to the person to which this contract is submitted if at any time the prospective lower tier participant learns that its certification was erroncous when submittcd or has bccome erroncous by reason of changed circumstances. Rc' '1100000 AGR IUXIR I '"'' "T'"'' ATTACHMENT ---L1- Page..J12... of ; ~ 4 The terms "covered transaction", "debarred", "suspended", "IneligIble", "lower tier covered transaction", "participant", :'person", pnmary covcred transaction", "prinCipal", "proposal", and "voluntanly excluded", as used III this clause, have the meanIngs set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the pcrson to which this proposal IS submittcd for assistance III obtaining a copy of those regulations S. The prospective lower ticr partiCipant agrees by submitting thiS contract that. should the proposcd covercd transact IOn be entered 1[110,> it shall not knowingly enter Into any lower tier covered transaction With a person who IS debarred, suspcnded, declared lIlellgibk or voluntarily excluded from partlc ipatlon in th is covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier partiCipant further agrces by submitting this contract that it will include this clause titled, "Certification Regarding Dcbannent, SuspenSIon, Ineligibility and Voluntary ExcIusion--Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transact ions 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, incligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A partICipant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non procurement list. 8. Nothing contained in the foregoing shall be construed to require establishmcnt of a system of records to rcnder in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dcalings. 9. Exccpt for transactions authorized under paragraph 5 of thesc instructions, if a participant in a covered transaction knowingly cntcrs into a lower tier covercd transaction with a person who is suspendcd, dcbarred, incIigible or voluntarily cxcludcd from participation in this transaction, in addition to other rcmedics availablc to thc Fcdcral (jovernment, the department or agency with which lh is transaction originated may pursue avai 'able remedies, including suspension and/or debarment. Certirication 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, dec Iared ineligible or voluntarily excluded from participation in this transaction by any Federal department 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 I. 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 brcach 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 pricc or consideration or othen,vise recover, the full amount of such fee, comm ission, percentage, brokerage fcc, gift or contingent fee. 2 Contractor shall not engage, on a full or part-time basis or other basis, during the pcriod of the contract, any professional or technical personnel who are or have bcen at any time during the period of this contract, in the employ of Department, except regularly retired employees, without written consent of the publ ic employer of such person. 3. Contractor agrees to perform consulting services with that standard of care, skill and diligence normally provided by a professional III 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 Contractor's services. Rev '110/2000 At ,R n 1)( '1R , ..__... .,---y-------""'--_..-. "~"~ .......-.....-... ATTAC~MENT ;t Page ( of - - V NONDISCRIMINATION Durlllg the perfomlance of this contract, Contractor, for himself. his assignees and successors in interest, hereinafter referred to as Contractor, agrees as follows: Compliance with RcguIations. Contractor agrees to comply with Title VI of thc Civil Rights Act of 1964, and Section 162(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights Restoration Act of \987. Contractor shall comply with the regulations of the Department of Transportation relative to nondiscrimination In Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hcreinafter referred to as the Regulations), which arc incorporated by refcrence and made a part of this contract. Contractor, with regard to the work performed after award and prior to completion of the contract work, shall not discriminate on grounds of race, creed, color, sex or national origin in the selection and rctention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix 13 of the Regu lations. 2. Solicitation for Subcontractors, including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiations made by Contractor for work to be performed under a subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under th is contract and regulations relative to nondiscrim ination on the grounds of race, creed, color, sex or national origin. 3. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act) During the performance of this contract, Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment bccause of race, creed, color, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex or national origin.. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitmcnt or recruitment advcrtising: layoff or termination: rates of payor othcr fom1s of compensation: and selection for training, including apprenticeship. Contractor agrees to post 111 conspicuous places, available to employecs and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. b. Contractor will, 111 all solicitations or advertisements for employees placcd by or on behalf of Contractor, statc that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. 4 Information and Reports. Contractor will provide all information and reports required by the Regulations or orders and instructions issued pursuant thercto, and will permit access to his books, records, accounts, other sources of information, and his facilities as may bc determined by Department or FHW A as appropriate, and shall set forth what efforts he has madc to obtain the information 5. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscrimination provisions of the contract, Department shall impose such agreement sanctions as it or the FH W A may determ ine to bc appropriate, including, but not limited to: a. Withholding of payments to Contractor under the agreement until Contractor complies; and/or b. Cancellation, termination or suspension of the agreement in whole or in part. 6. Incorporation of Provisions. Contractor will include the provisions of paragraphs I through 6 of this section in every subcontract, including procurement of materials and leases of equipment, unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor shall take such action with rcspect to any subcontractor or procurement as Dcpartment or FHWA may dircct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Contractor becomes involvcd in or is threatened with litigation with a subcontractor or supplier as a result of such direction, Department 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 litigation to protect the intcrests of the State of Oregon. Rev ~/IO/2()()() ^GR ITIXTRl '--y+ ATTACHMENT Page J.2::... of /4 J~ VI DISADVANTAGED BUSINESS. ENTERPRISE (DBE) POLICY In accordance with Title 49, Code of Fcderal Regulations, Part 26, Contractor shall agrce to abide by and takc all necessary and reasonable stcps to comply with the following statcment: OBE POLICY STATEMENT ORE Policy. It is the policy of the United States Department of Transportation (USDOTi to practice nondiscrimination on the basis of raw, color, sex and/or national Origin in the award and administration of lJSDOT assist contracts. Consequently, the DBE requirements of 49 CFR 26 apply to this contract. Rcquircd Statcmcnt For US DOT Financial Assistancc Agrecment. If as a condition of assistance the Agency has submitted and the US Departmcnt of Transportation has approved a Disadvantaged Business Enterprise Affim1ative Action Program which the Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by refcrence ORE Obligations. The Oregon Department of Transportation (ODOT) and its contractor agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. Neither ODOT nor its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the tenn ination of this contract or such other remedy as ODOT deems appropriate. The DBE Policy Statemcnt and Obligations shall be included in all subcontracts entered into under this con tract. Rccords and Rcports. Contractor shall provide monthly documentation to Dcpartment that it is subcontracting with or purchasing materials from the DREs idcntificd to mcct contract goals. Contractor shall notify Dcpartmcnt and obtain its written approval bcforc replaclllg a DBE or making any change in the DBE participation listed_ If a DBE is unable to fulfill the original obligation to the contract, Contractor must dcmonstrate to Department the Affirmative Action stcps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items The monthly documentation will not be required after the DBE goal commitment is satisfactory to Department Any DBE participation attained after the DBE goal has bcen satisfied should be reported to the Departments. DBE Definition, Only firms DBE certified by the State of Oregon, Department of Consumer & Business Services, Office of Minority, Womcn & Emerging Small Business, may be utilized to satisfy this obligation. CONTRACTOR'S DBE CONTRACT GOAL DBE GOAL o 0/0 By signing this contract, Contractor assures that good faith efforts have been made to meet the goal for the DBE participation specified in the Request for Proposal/Qualification for this project as required by ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix ^ VII. LOBBYING The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for innuencing 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 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, contjnuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for innuencing or attempting to innuence 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 Rev SIIOI?OOO A(,R FElXTRT '.-r ATTAC~~ENT A Page . of /?J to Rcport Lobbying", III accordance with its instructions. This certification is a material reprcsentation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ I 00,000 for each such failure. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. FOR INQUIRY CONCERNING ODOT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986-4354.