Res 1691 - ODOT Hwy 211 Cooley
COUNCIL BILL NO. 2407
RESOLUTION NO. 1691
A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT
NUMBER 18859 WITH THE STATE OF OREGON AND AUTHORIZING TH.E CITY
ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through its Department of
Transportation is authorized to 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 agreeable to contracting parties pursuant to ORS
190.110, 366.770 and 366.775, and
WHEREAS, the Oregon Department of Transportation proposes a project to
construct improvements, including a left turn lane, sidewalk installation and
realignment, to the Cooley Road intersection with Woodburn-Estacada Highway, also
known as Highway 211, and
WHEREAS, the State of Oregon, Department of Transportation will complete
the project with federal and state funding, and
WHEREAS, the State of Oregon, Department of Transportation, has provided
Cooperative Improvement Agreement Number 18859 to construct improvements to
Woodburn-Estacada Highway, also known as Highway 211, at the intersection with
Cooley Road, a part of the Marion County road system, NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Cooperative Improvement
Agreement Number 18859, which is affixed as Attachment n A" and by this reference
incorporated herein, with the State of Oregon acting by and through its Department
of Transportation to construct improvements to Woodburn-Estacada Highway, also
known as Highway 211, at the intersection with Cooley Road, a part of the Marion
County road system.
Page 1
COUNCIL BILL NO. 2407
RESOLUTION NO. 1691
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Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
Approved as to formrn. ~ ~
City Attorney
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APPROVED:
Passed by the Council July 8, 2002
Submitted to the Mayor July 9, 2002
Approved by the Mayor July 9, 2002
Filed in the Office of the Recorder July 9, 2002
ATTEST:
Mary Te ant, Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BILL NO. 2407
RESOLUTION NO. 1691
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Attachment "A"
May 20, 2002
Agreement No. 18859
COOPERATIVE IMPROVEMENT AGREEMENT
Woodburn-Estacada Highway @ Cooley Road
THIS AGREEMENT, hereinafter referred to as "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 "ODOT", CITY OF WOODBURN, acting by
and through its designated officials, hereinafter referred to as "City", and MARION
COUNTY, acting by and through its designated officials, hereinafter referred to as
"County".
RECITALS
1. Woodburn-Estacada Highway, also known as Highway 211, is a part of the state
highway system under the jurisdiction and control of the Oregon Transportation
Commission. Cooley Road is part of the County road system under the jurisdiction
and control of County.
2. By the authority granted in ORS 366.770, 366.775, and 190.110, ODOT may enter
into cooperative agreements with cities, counties, and other units of local
government for the performance of work on certain types of improvement projects
with the allocation of costs on terms and conditions agreeable to the contracting
parties.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, ODOT, City and County wish to enter into an Agreement to
construct improvements along the Woodburn-Estacada Highway from MP 0.41 to
MP 0.45 (the intersection of Cooley Road), hereinafter referred to as "Project". The
improvements include constructing a left turn lane, sidewalk installation and
realigning Cooley Road. The Project location is approximately as shown on the map
attached hereto, marked Exhibit A, and by this reference made a part hereof.
2. The Project will be funded with Federal Surface Transportation Program funds at the
maximum federal pro rata. ODOT will be responsible for the match and any
nonparticipating items or any costs in excess of the federal funds. The total project
estimate, $966,000. is subject to change.
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Attachment "A"
Agreement No. 18859
07/03/02
Page 2
3. The terms of this Agreement shall begin on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as a part of the Project.
CITY OBLIGATIONS
1. City hereby grants OOOT the right to enter onto and occupy City right-of-way as
necessary for the completion of the Project.
2. City shall, upon completion of the project, accept the maintenance according to City
rules, regulations and ordinances of the newly constructed sidewalks along the
Woodburn-Estacada highway within City limits in accordance with ORS 368.910.
3. City hereby delegates its authority to OOOT to act as City's agent in initiating and
resolving all utility relocations and/or adjustments.
4. City acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the Project which may alter or change the
grade of existing City roads are being accomplished at the direct request of City.
5. City shall, upon execution of this agreement, transfer to OOOT by deed all right or
interest it may have in any City-owned property located near the Woodburn-
Estacada Highway that is necessary for the construction of this project.
6. City 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,
which hereby are incorporated by reference. Without limiting the generality of the
foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of
1964; (H) Section V of the Rehabilitation Act of 1973; (Hi) 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.
7. City acknowledges and agrees that OOOT, the Oregon Secretary of State's Office,
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 for a period of three years after completion of Project.
Copies of applicable records shall be made available upon request.
1
Attachment "A"
Agreement No. 18859
05120102
Page 3
8. City represents that this Agreement is signed by personnel who have been duly
authorized to do so by its elected officials.
COUNTY OBLIGATIONS
1. County hereby grants OOOT the right to enter onto and occupy County right-of-way
as necessary for the completion of the Project.
2. County shall, upon completion of the project, continue to have jurisdiction, control,
and maintenance responsibilities over the original Cooley Road alignment.
3. County shall, upon completion of the project, accept the maintenance of the newly
constructed sidewalks along the Woodburn-Estacada highway within County limits
in accordance with ORS 368.910.
4. County shall accept all of City's right, title, and interest in Cooley Road. County
accepts jurisdiction, control and maintenance responsibilities over said road as a
portion of its County road sytem.
5. County hereby delegates its authority to OOOT to act as County's agent in initiating
and resolving all utility relocations and/or adjustments.
6. County acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the Project which may alter or change the
grade of existing County roads are being accomplished at the direct request of
County.
7. County 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, which hereby are incorporated by reference. Without limiting the
generality of the foregoing, County expressly agrees 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.
8. County acknowledges and agrees that OOOT, the Oregon Secretary of State's
Office, the federal government, and their duly authorized representatives shall have
access to such fiscal records and other books, documents, papers, plans and writing
of County that are pertinent to this Agreement to perform examinations and audits
1
Attachment "A"
Agreement No. 18859
05120/02
Page 4
and make excerpts and transcripts for a period of three years after completion of
Project. Copies of applicable records shall be made available upon request.
9. County represents that this Agreement is signed by personnel who have been duly
authorized to do so by the County governing body.
OOOT OBLIGATIONS
1. OOOT shall conduct the necessary preliminary engineering and design work
required to produce final plans, specifications and cost estimates; obtain all required
right-of-way; obtain all required permits; perform all construction engineering,
including all required materials testing and quality documentation; prepare all bid
documents; advertise and award all contracts; pay all contractor costs, provide
project management services and other necessary functions for sole administration
of the construction contract entered into for this Project.
2. OOOT shall, upon completion of project, transfer deed to County ownership and
responsibility for the right-of-way obtained for the purpose of constructing the new
alignment of Cooley Road. Any right-of-way being transferred in which OOOT has
any title shall be vested in County only so long as it is used for public road purposes.
If said right-of-way is no longer used for public road purposes, title shall
automatically revert to OOOT.
3. OOOT shall resolve all utility issues involved with the Project by initiating utility
relocations and/or adjustments, pursuant to Title 23, CFR (Code of Federal
Regulations) Part 645; State law; and OOOT policies.
GENERAL PROVISIONS
1. This Agreement may be terminated by written mutual consent of all parties.
OOOT may terminate this Agreement effective upon delivery of written notice to City
and County, or at such later date as may be established by OOOT, under any of the
following conditions.
a. If City or County fails to provide services as called for by this Agreement
within the time specified herein or any extension thereof.
b. If OOOT fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
Agreement.
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Attachment "An
Agreement No. 18859
07/03/02
Page 5
c. 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
OOOT 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.
2. It is further agreed all parties will strictly follow the rules, policies and procedures of
the "Uniform Relocation assistance and Real Property Acquisition Policy Act of
1970" as amended, ORS 281.060, ORS 35.346, State of Oregon Right-of-Way
Manual and Federal Highway Administration Federal Aid Policy Guide.
3. All employers working under this Agreement are subject employers under the
Oregon Workers Compensation Law and shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage for all their subject
workers, unless such employers are exempt under ORS 656.126. All employers
shall ensure that each of its contractors complies with these requirements.
4. 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
by OOOT representative.
5. 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 any
party unless in writing and signed by all parties and all necessary 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 OOOT to enforce any provisions of this Agreement shall not constitute a waiver
by OOOT of that or any other provision.
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Attachment "A"
Agreement No. 18859
OS/20/02
Page 6
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
This Project was approved by the Oregon Transportation Commission on October 13,
1999, as part of the 2000-2003 Statewide Transportation Improvement Program (STIP),
Page 80 (Key 11243).
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
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Agreement No. 18859
05120/02
Attachment "A"
Page 7
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways, Executive Deputy Director for Central
Services, Deputy Director for OTIA, and the Chief of Staff to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program, other system plans approved by the
Commission such as the Traffic Safety Performance Plan, or in a line item in the
approved biennial budget.
STATE OF OREGON, by and through its
Department of Transportation
By
Executive Deputy Director/Chief Engineer
Date
APPROVAL RECOMMENDED
By
Technical Services Mgr / Chief Engineer By
Date
By
Right of Way Manager
Date
By
Region 2 Manager
Date
By
Area 3 Manager
Date
MARION COUNTY, by and through its
designated officials
~~;Y
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./
APPROVAL RECOMMENDED
By
Title
Date
Public Works Director
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By..7-.. 0._._._ Sf.-.-, -----; L
County Legal Counsel
Date ~ ~ ZoDZ-
CITY OF WOODBURN, by and through
its designated officials
By
Title
Date
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.Attadh:nmnt~A"
Agreement No. 18859
OS/20/02
Page 8
APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO LEGAL
SUFFICIENCY
By
By
Assistant Attorney General
City Legal Counsel
Date
Date
tracts Coordinator
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EXHIBIT A
Woodburn - Estocoda HW'yment"A"
@ Cool ey Road
Woodburn - Estacada HWYo(161)
Marion County
Key# 11234
To 5 So Ro 1 WO
MP 0041 - 0045
Project Location
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Attachment "A"
EXHIBIT B (Local Agency or State Agency)
CONTRACTOR CERTIFICATION
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 finn 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 firm
or person in connection with carrying out the contract, or
(c) paid or agreed to pay, to any finn, 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 CERTIFICATION (ODOT)
Department official likewise certifies by signing this contract that Contractor or hislher 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 finn, 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:
I. Are not presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily
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 public
transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft,
forgery, bribery falsification or destroction of
records, making false statements or receiving stolen
property;
Rev. 511012000 AGR.FEDCERT
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3. Are not presently indicted for or otherwise criminally
or civilly charged by a governmental entity
(federal, state or local) with commission of any of the
offenses enumerated in paragraph (I)(b) of this
certification; and
4. Have not within a three-year period preceding this
appli~tion/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 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. INSTRUCfIONS FOR CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OrnER
RESPONSIBILITY MA TIERS-PRIMARY COVERED
TRANSACfIONS
I. By signing this contract, the Contractor is providing
the certification set out below.
2. The inability to provide the certification required
below will not necessarily result in denial of
participation in this covered transaction. The
Contractor shall explain why he or she cannot
provide the certification set out below. This
explanation will be considered in connection with
the Oregon Department of Transportation
determination to enter into this transaction. Failure
to furnish an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material
representation of fact upon which reliance was
placed when the 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 Government or the Department may
terminate this transaction for cause of default.
Rev. SlIOI2OOO AGR.rnocERT
Attachment "A"
4. The Contractor 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.
5. 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.
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
FHWA-1273 titled, "Appendix B-Certification
Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower 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. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred,
suspended, ineligible or voluntarily excluded from
the covered transaction, unless it knows that the
certification is erroneous. A participant may decide
the method and frequency by which it determines
the eligibility of its principals. Each participant
may, but is not required to, check the
Nonprocurement List published by the U. S.
General Services Administration.
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9. Nothing contained in the foregoing shall be
construed to require establislunent of a system of
records to render in good faith the certification
required by this clause. The knowledge and
infonnation of a participant is not required to
exceed that which is nonnally possessed by a
prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph
6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier
covered transaction with a person who is
suspended, debarred, ineligible or voluntarily
excluded from participation in this transaction, in
addition to other remedies available to the Federal
Government or the Department, the Department
may tenninate this transaction for cause or default.
III. ADDENDUM TO FORM FHWA-I273, REQUIRED
CONTRACT PROVISIONS
This certification applies to subcontractors, material
suppliers, vendors, and other lower tier participants.
Appendix B of 49 CFR Part 29 -
Appendix B-Certification Regarding
Suspension, Ineligibility, and
Exclusion-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 determined 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 available remedies, including suspension
and/or debannent.
3. The prospective lower tier participant shall provide
immediate written notice to the person to which this
contract is submitted if at any time the prospective
lower tier participant learns that its certification was
erroneous when submitted or has become erroneous
by reason of changed circumstances.
Rev. 5110l200O AGR.FEDCERT
Attachment "A"
4. 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.
5. The prospective lower tier participant agrees by
submitting this contract that, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lo~er tier covered
transaction with a person who is debarred,
suspended, declared ineligible or voluntarily
excluded from participation in this covered
transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees
by submitting this contract that it will include this
clause titled, "Certification Regarding Debannent,
Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction",
without modification, in all lower tier covered
transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely
upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred,
suspended, ineligible or voluntarily excluded from
the covered 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.
8. Nothing contained in the foregoing shall be
construed to require establishment of a system of
records to render in good faith the certification
required by this clause. The knowledge and
information of a participant is not required to
exceed that which is normally possessed by a
prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph
5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier
covered transaction with a person who is
suspended, debarred, ineligible or voluntarily
excluded from participation in this transaction, in
addition to other remedies available to the Federal
Government, the department or agency with which
I
Attachment "A"
this transaction originated may pursue available V. NONDISCRIMlNATION
remedies, including suspension and/or debannent.
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 debannent, declared
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 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,
gift or contingent fee.
2. Contractor shall not engage, on a full or part-time
basis or other basis, during the period of the
contract, any professional or technical personnel
who are or have been at any time during the period
of this contract, in the employ of Department,
except regularly retired employees, without written
consent of the public employer of such person.
3. Contractor agrees to perform consulting services
with that standard of care, skill and diligence
normally provided by a professional in the
performance of such consulting services on work
similar to that hereunder. Department shall be
entitled to rely on the accuracy, competence, and
completeness of Contractor's services.
Rev. 5110l200O AGR.FEOCERT
During the performance of this contract, Contractor, for
himself, his assignees and successors in interest,
hereinafter referred to as Contractor, agrees as follows:
I. Compliance with Regulations. Contractor agrees to
comply with Title VI of the Civil Rights Act of
1964, and Section 162(a) of the Federal-Aid
Highway Act of 1973 and the Civil Rights
Restoration Act of 1987. Contractor shall comply
with the regulations of the 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 (hereinafter referred to as the
Regulations), which are incorporated by reference
and made a part of this contract. Contractor, with
regard to the work performed after award and prior
to completion of the contract work, shall not
discriminate on grounds of race, creed, color, sex or
national origin in the selection and retention of
subcontractors, including procurement of materials
and leases of equipment. Contractor shall not
participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the
Regulations, including employment practices, when
the contract covers a program set forth in Appendix
B of the Regulations.
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 this
contract and regulations relative to
nondiscrimination 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 because
of race, creed, color, sex or national origin.
Contractor will take affirmative action to
ensure that applicants are employed, and that
employees are treated during employment,
without regard to their race, creed, color, sex or
national origin. Such action shall include, but
not be limited to the following: employment,
upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination;
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rates of payor 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.
b. Contractor will, in all solicitations or
advertisements for employees placed by or on
behalf of Contractor, state that all qualified
applicants will receive consideration for
employment without regard to race, creed,
color, sex or national origin.
4. Information and Reports. Contractor will provide
all information and reports required by the
Regulations or orders and instructions issued
pursuant thereto, and will permit access to his
books, records, accounts, other sources of
information, and his facilities as may be determined
by Department or FHW A as appropriate, and shall
set forth what efforts he has made 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 FHW A may determine to be 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 respect to any
subcontractor or procurement as Department or
FHW A 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 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 interests of the State of Oregon.
VI. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) POLICY
Rev 5/1012000 AGR.FEOCERT
Attachment "A"
In accordance with Title 49, Code of Federal
Regulations, Part 26, Contractor shall agree to abide by
and take all necessary and reasonable steps to comply
with the following statement:
OBE POLICY STATEMENT
OBE Policy. It is the policy of the United States
Department of Transportation (USOOT) to practice
nondiscrimination on the basis of race, color, sex
and/or national origin in the award and administration
of USOOT assist contracts. Consequently, the DBE
requirements of 49 CFR 26 apply to this contract.
Required Statement For USOOT Financial
Assistance Agreement. If as a condition of assistance
the Agency has submitted and the US Department of
Transportation has approved a Disadvantaged Business
Enterprise Atlmnative Action Program which the
Agency agrees to carry out, this atlmnative action
program is incorporated into the financial assistance
agreement by reference.
OBE Obligations. The Oregon Department of
Transportation (ODOT) and its contractor agree to
ensure that Disadvantaged Business Enterprises as
defmed in 49 CFR 26 have the opportunity to
participate in the perfonnance of contracts and
subcontracts fmanced 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 perfonnance 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
termination of this contract or such other remedy as
ODOT deems appropriate.
The DBE Policy Statement and Obligations shall be
included in all subcontracts entered into under this
contract.
Records and Reports. Contractor shall provide
monthly docwnentation 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 participation listed. If a DBE is unable to fulfill
the original obligation to the contract, Contractor must
demonstrate to Department the Atlmnative Action
T
steps taken to replace the DBE with another DBE.
Failure to do so will result in withholding payment on
those items. The monthly documentation will not be
required after the DBE goal commitment is satisfactory
to Department.
Any DBE participation attained after the DBE goal has
been satisfied should be reported to the Departments.
DRE Definition. Only firms DBE certified by
the State of Oregon, Department of Consumer &
Business Services, Office of Minority, Women &
Emerging Small Business, may be utilized to satisfy
this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DRE GOAL
o
OJ.
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
ProposaVQualification for this project as required by
ORS 200.045, and 49 CFR 26.53 and 49 CFR, Part 26,
Appendix A.
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 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 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.
2. 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 Fonn-LLL, "Disclosure Fonn
to Report Lobbying", in accordance with its
instructions.
This certification is a material representation of fact
upon which reliance was placed when this transaction
Rev. SlIOI2OOO AOR.FEDCERT
Attachment "A"
was made or entered into. Submission of this
certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31,
U. S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each
such failure.
The Contractor also agrees by signing this agreement
that he or she shall require that the language of this
certification be included in all lower tier
subagreements, which exceed $ I 00,000 and that all
such subrecipients shall certify and disclose
accordingly.
FOR INQUIRY CONCERNING ODOrS
DBE PROGRAM REQUIREMENT
CONTACT OFFICE OF CIVIL RIGHTS AT
(503)986-4354.
T