REQUEST FOR PROPOSAL

ENGINEERING CONSULTANT SERVICES

BRIDGE REPLACEMENT DESIGN

BRIDGE 35C168 – NORTH POE VALLEY ROAD OVER THE LOST RIVER

RFP 02-26

DISTRIBUTION DATE: 8/21/2026

PROPOSALS DUE: 9/17/2026 at 10:00 a.m.

This page Intentionally Left Blank

NORTH POE VALLEY BRIDGE 35C168 REPLACEMENT DESIGN

RFP No. 02-26

I. ANNOUNCEMENT

Proposals for developing plans and specifications for the full replacement of Bridge 35C168 (North Poe Valley over the Lost River) will be received by Brian Pisan, P.E., Assistant Director for Klamath County Public Works, in person at 305 Main Street, Klamath Falls, OR 97601, until 10:00 a.m., local time, 9/17/2026. FACSIMILE AND EMAIL PROPOSALS ARE NOT ACCEPTABLE. As soon thereafter as possible, the proposals will be reviewed and evaluated by a Klamath County appointed Selection Committee. There is no required pre-proposal meeting.

A set of Request for Proposal (RFP) documents that outlines the information necessary for submitting a Proposal for this project will be available 8/20/26 and may be obtained from the Klamath County contracting webpage at https://www.klamathcounty.org/Bids.aspx. It is estimated the duration of the project will be between 18 and 24 months from start of design to end of construction with Consultant fees in the range of $625,000 to $750,000. The RFP documents include Sections I through V more particularly described as follows:

I. Announcement II. Required Services

III. Procurement Process IV. Information Required in Proposal V. Exhibits

A. Comprehensive List of Possible Services B. Maps & Concept Plans C. Boring Map & Logs D. Sample Professional Service Contract and Certifications

In addition to the Exhibits listed above, additional documents may be made available to regis-tered proposers electronically. Registered proposers will receive an email notification and a link to access any additional files that are made available.

Klamath County Public Works (KCPW) may reject any and all proposals upon a finding of KCPW that it is in the public interest to do so. KCPW also reserves the right to waive any informalities in any proposal and to delete certain items listed in the proposal as set forth herein. Proposals received after the time established for receiving proposals will not be considered.

Klamath County programs, services and activities are open to all persons without regard to race, sex, age, handicap, religion, ethnic background or national origin. For further information about this equal opportunity policy, contact the Klamath County Human Resource Department, (541) 883-4296.

Jeremy Morris P.E., Public Works Director

This Page Intentionally Left Blank

II. REQUIRED SERVICES

A. Background

Klamath County Public Works, (KCPW) is requesting proposals from firms qualified and interested in providing engineering design, surveying, and construction oversight for the replacement of a bridge composed of a timber deck and super structure built on concrete and masonry abutments on North Poe Valley Road over the Lost River (Bridge #35C168) with location shown in Exhibit V- B.1. Approximate start of construction is in Spring 2028. It should be noted that all funding for these projects is local without any state or federal support and the project is not located within any federal agency land, facility, or waterbody. As a result, full NEPA compliance is not anticipated unless required as a condition of right-of-way acquisition of adjacent federal lands.

The existing bridge is an approximately 85’ long, 26’ wide, single span timber structure on a concrete and masonry abutment. The bridge consists of (4) 68” x 12” timber glulam stringers, a 2” x 8” timber glulam deck, with a concrete cap that was constructed on top of an old masonry wall. Originally constructed in 1964, the existing bridge is nearing the end of its useful life with some minor deterioration occurring throughout. Over the last two inspection cycles the overall rating has ranged from 5-Fair to 7-Good. Right-of-way at the bridge site is 60 feet wide and an additional right of way purchase is expected to be required for both temporary construction (including an adjacent work bridge) and permanent impacts.

Klamath County has multiple concrete box beams obtained from the Oregon Department of Transportation that were used for the I-5 (Willamette River) detour bridge in the early 2010’s and design of this replacement structure will require that the use of these beams is considered.

Center-to-center lengths of the beams are 113’-9” with a depth and width of 48”. The existing structure’s span and depth make it a good replacement candidate because vertical and horizontal roadway alignment can remain relatively the same without limiting hydraulic capacity. Concept plan and profile for roadway improvements are provided in Exhibits V-B.2 and V-B.3 for general reference.

B. Scope and Deliverables

The consultant shall provide professional and technical engineering and administrative services during the design and construction of the proposed project. Plans, specifications, and estimates (PS&E) shall be prepared in English units. The project shall be designed in accordance with Klamath County Public Works Specifications and Standard Drawings and current ODOT Specifications and Standard Drawings. Generally expected deliverables are as follows:

1. 30% Plans, Specifications and Estimates (PS&E)

a. Surveys – Control, Topographic, Utility

b. Concept Roadway and Bridge Plans

c. Preliminary Geotechnical Investigation and Foundation Report/Recommendations

d. Preliminary Bridge Design Hydraulics Report

e. Environmental Coordination and Technical Studies

f. Design Narrative and Review of Alternates

g. Cost Estimate and Schedule

h. Verification of Existing Beam Inventory and Evaluation for Re-Use.

2. 60% PS&E

a. Construction Plans and Specifications

b. Draft Final Design Reports and Studies

c. Environmental Permitting

d. Utility Coordination

e. Cost Estimate and Schedule

3. 90% PS&E

a. Construction Plans and Specifications

b. Final Design Reports and Studies

c. Environmental Permits

d. Utility Relocation

e. Cost Estimate and Schedule

4. 100% PS&E

a. Bid Documents

b. Bid Administration Support

c. Construction Administration Support

Consultant shall meet with County staff to review the project scope of services, schedule, design standards, environmental issues, permits and agreements, and final PS&E requirements for the project (see Exhibit A for a comprehensive list of potential services). This meeting will also address project coordination and responsibilities and define key project issues and goals.

III. PROCUREMENT PROCESS

A. GENERAL

Statements of Qualifications and Proposals (Submittals) shall be submitted to the County Public Works Department no later than 10:00 a.m., 9/17/2026, after which time they will be reviewed and evaluated.

Interviews may be requested from firms qualifying as finalists. If determined necessary, interviews will be held in accordance with the schedule contained in this RFP.

The procurement of these consultant services will be in accordance with the County's and other applicable federal, state and local laws, regulations and procedures. After reviewing this RFP, any firm or team that determines it has the necessary expertise and experience and could successfully perform the required services may submit a Letter of Interest, Statement of Qualifications, and Proposal addressing the items set forth herein. The County's Consultant Selection Panel, which will be comprised of County staff with technical expertise in specific areas of interest for the RFP, will then evaluate the Proposals and determine finalists who may be invited to participate in an oral presentation, but the County reserves the right to select a consultant team directly from the proposals. The board of County commissioners will have final authorization in contractual award.

The final selection, if any, will be that Proposal which, in the opinion of the County, best meets the requirements set forth in the RFP and is in the best interest of Klamath County. Firms are discouraged from submitting lengthy Proposals; the County requires that Proposals be concise and clearly written containing only essential information on the proposed team and team members. Costs incurred in the preparation of a Proposal and participation in this RFP process shall be borne by the proposing firms. Any firm failing to submit information in accordance with the procedures set forth herein may be considered non-responsive and may therefore be subject to disqualification by the County’s selection panel. Klamath County reserves the right to seek clarification of each consultant’s proposal. Klamath County reserves the right to reject any or all Proposals if there is good cause therefore and, further, reserves the right to cancel the solicitation if doing so would be in the public interest.

Contract negotiations will be initiated with the selected consultant. If a contract cannot be negotiated in a timely matter with the highest ranked consultant, the agency will retain the right to terminate contract negotiation and begin with the second highest rated consultant. The contract shall be in accordance with the attached sample “Contract for Professional Services”.

In accordance with ORS 279B.280, Consultants shall use recyclable products to the maximum extent economically feasible in performance of the contract work set forth in this document.

Proposers responding to this RFP must follow the procedures and requirements stated herein.

Except as otherwise provided in this RFP, the applicable provisions of the Oregon Revised Statutes (ORS) Chapter 279B governing public contracting shall apply to all professional services contracts of the County. Adherence to these rules and the procedures and requirements of this

RFP will ensure a fair and objective analysis of your proposal. Failure to comply with or complete any part of this RFP may result in rejection of your proposal.

Proposers may submit a written protest or request for change of particular solicitation provisions, specifications, or contract terms and conditions to the Public Works Department, Attn: Brian Pisan, P.E., 305 Main Street, Klamath Falls, OR 97601. The protest must be received by 4:00 P.M.

per the date provided in the Proposal Schedule. Such protest or request for change shall include the reasons for the protest or request, and any proposed changes to the solicitation provisions and specifications or contract terms and conditions. County shall respond to each properly-submitted written request for clarification or request for change in accordance with ORS 279B.405. Where appropriate, County shall issue revisions and clarify RFP provisions via Addenda. County may also informally respond to Proposer questions. Informal responses, however, do not affect the provisions of the RFP. The RFP, contractual terms and specifications can only be changed via formal addenda issued by County.

Protest of Award: Should a Proposer or prospective Proposer seek to appeal or protest an award resulting from this RFP, such protest must be made by the date provided in the Proposal Schedule. The protest must be submitted in writing to Klamath County Public Works, Attn: Brian Pisan, P.E., 305 Main Street, Klamath Falls, OR 97601. The protesting Proposer must claim to be eligible for the award and must be next in line for the award as submitting the best proposal because all better proposals are non-responsive or non-responsible, as defined in OAR 137-030- 0104. Protests shall be reviewed and forwarded to the Local Contract Review Board (LCRB), which is the Klamath County Board of Commissioners, for resolution. The LCRB reserves the right to settle or resolve the written protest as specified in the above-stated OAR.

B. Anticipated Schedule

The selection process is estimated to proceed as outlined below:

Date Selection Process

N/A Pre-Bid Meeting

9/3/2026 Solicitation Criteria Protest

9/17/2026 Submittals Due (10:00 a.m.)

10/1/2026 Select Finalists (Interviews if needed)

10/15/2026 Notice of Intent to Award

10/22/2026 Protest of Award

11/3/2026 BOCC awards the proposal

11/9/2026 Contract Negotiations Commence

TBD BOCC Approval of Contract and Notice to Proceed

The County will attempt to notify all firms of any changes to the schedule herein. In the event it becomes necessary to revise any part of the RFP, addenda will be provided to all firms who requested the RFP. If any firm has reason to doubt whether the County is aware of the firm's interest, it is the responsibility of the firm to notify the County to be sure that addenda are received. Mail or call such notice to Brian Pisan, P.E. at (541) 883-4696 or 305 Main Street, Klamath Falls, Oregon, 97601.

All Proposals are public information after the Proposals have been opened, and all protests are public information after the protest period ends. Copies of Proposals, however, shall not be provided until the evaluation process has been completely closed and a Notice of Intent to Award has been issued pursuant to OAR 137-047-0610. Any person may request copies of public information. Proposers shall label any information as italicized and underlined that it wishes to protect from disclosure to third parties as a trade secret under ORS 192.501(2) with the following:

“This material constitutes a trade secret under ORS 192.501(2) and is not to be disclosed except as required by law." County shall take reasonable measures to hold in confidence all such labeled information, but the County shall not be liable for release of any information when required by law or court order to do so, whether pursuant to the Oregon Public Records Law or otherwise and shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

IV. INFORMATION REQUIRED IN PROPOSAL

The following information shall be submitted in a clear, comprehensive and concise manner and in the prescribed format. The prime proposer shall submit one (1) electronic file in PDF format and four (4) bound copies of the Letter of Interest and Proposal. Proposals shall be limited to a maximum of eleven (11) pages, not including the letter of interest, cover sheet, and any information appended to the Proposal.

A. Letter of Interest.

The letter of interest may contain any other information not shown on the Proposal; however, it should not exceed one pages.

B. Cover Sheet

Firms shall submit the proposal with a cover sheet to include the following:

1. Contract title.

2. Consultant’s name and contact person, phone and email address and complete mailing address.

3. List each proposed sub-consultant.

C. Statement of Qualifications and Selection Criteria

Proposals shall include the information required in a clear, comprehensive and concise manner and shall be completed by the prime proposer only. The criteria outlined below will be used in evaluating the Statements of Qualifications and Proposals. Each criterion is weighted as shown.

The Panel will score the submittals against the listed criteria. The firm receiving the highest overall score will be top ranked. The Panel may request further clarification on items in the Proposal from the finalists. The Panel will evaluate all information received during any subsequent interviews, if any, using the same criteria and scoring system described below for a total combined score of the proposals and oral presentations. If interviews are not deemed necessary, the total score of the proposals will determine the consultant selection.

SUBJECT Maximum Pts.

1. Specialized Expertise and Technical Competence 15 Points The Proposer’s experience and technical competence in the areas of dealing with the various regulatory agencies, surveying, design, project inspection, and administration of bridge construction projects will be evaluated. The County will be looking for a firm with experience in all the disciplines required to successfully complete the project. Describe the consultant and sub-consultants’ knowledge, competence, and experience as it relates to technical competence in all phases of bridge design, construction inspection, quality control, and project administration.

Demonstrate the specialized experience and technical competence of the consultant’s and sub-consultants’ key personnel who will be in responsible charge of this project. (Two pages or less)

2. Project Team 20 Points The County will evaluate the experience and extent to which the proposed team organization, project manager, and assignment of key personnel assigned to the project demonstrates cost efficiency and responsiveness to the County's needs. Describe the proposed team organization and assignment of all key staff. Discuss how the team will accomplish the scope of services within the specified time frame. Describe the extent to which the team organization, project office location, and proposed contract management contribute to their ability to provide efficient services and performance in a cost-effective manner. Include resumes of key personnel in the appendix of the proposal. Provide the name of each of the Consultant’s experienced staff available to perform the Consultant Services required by the project, specific qualifications, experience, and the proportion of time they will spend on the project. (Two pages or less)

3. Record of Performance 30 Points The County will evaluate past record of performance on contracts with the County, other government agencies, and private industry. Factors to be evaluated are local experience with similar structures, control of costs, quality of work, ability to meet schedules, cooperation, responsiveness, and other managerial and attitudinal considerations. Provide a list of a minimum of three projects completed in the last ten years similar to the bridge replacement type requested in this RFP. The list shall contain a brief description of the project, the consultant’s role in the project, a current contact at the company (including name, and phone number), construction cost, consultant’s preliminary engineering and construction engineering expense, and whether the schedule and budget were met. (Three pages or less)

4. Project Understanding 25 Points The Proposer’s clear understanding of the work to be done and ability to recognize potential risks and solutions to those issues will be evaluated. Describe individual tasks to be performed by the consultant and sub-consultants for this project. Recommend a project schedule from pre-design through construction. Include other relevant information to demonstrate your understanding of this project and the process for efficiently designing and constructing this bridge such as potential construction methods and bridge types to be considered based upon potential obstacles to be resolved during design. (Three pages or less)

5. Ability to Provide Services within the project timeframe. 10 Points The Proposer must demonstrate an ability to meet deliverables within a reasonable time frame.

Describe how the firm proposes to provide timely response to the design and construction services required for this project and the firm's capacity to perform the work considering the firm's previous commitments. Include sub-consultants in this analysis. (One page)

D. Insurance Requirements.

The selected Consultant will be required to provide certificates of insurance as shown in the Sample Professional Services Contract.

E. Cost and Pricing Data.

The cost and pricing data, once agreed to by County and the selected firm, shall form the basis for a billing/payment provision. The County reserves the right to request documentation supporting the proposed cost and pricing data.

V-A – COMPREHENSIVE LIST OF SERVICES

Page A-1 Exhibit A

Representative professional services that may be required of consultants could fall under the broad listing of work elements listed below. It will be the responsibility of the consultant to determine the appropriate scope of work to provide the required services:

Project Management

• Contract Management

• Subcontractor Management

• Schedules and Invoices

• Progress Reviews

• Schedule, coordinate and supervise project work

• Maintain Liaison and Coordination with Outside Agencies

• Prepare Records of Decisions

• Develop and Manage Subcontractor Contracts

• Prepare Invoices and Supporting Data

• Monitor Project Budget

• Prepare, Maintain and Update Project Activity Schedule

• Provide Timely Responses to Local Agency Comments

• Coordinate public involvement activities including hearings

• Grant or Budget Management Support

• Value Engineering

Preliminary Field Surveys

• Data Collection

• Topographic Surveying and Mapping

• Survey Records

• Utilities Located

• Stream Cross Sections

Geotechnical Investigations, Reports, and Design

• Geologic Site Characterization

• Subsurface Engineering Characterization

• Drilling, sampling, insitu testing (preliminary bore logs are available)

• Materials characterization with Laboratory Testing

• Slope Design, embankment design, slide stabilization design

• Embankment source evaluation

• Foundation evaluation and design

• Geotechnical Report Preparation

• Geotechnically related plan and specification preparation

• Construction observation of geotechnical project elements

• Backfill/abandon bore holes according to OAR Chapter 690 Division 240.

Page A-2

Hydraulic Studies and Reports

• Contributing Drainage Area at Site

• Flood Frequency versus Peak Discharge

• Local Knowledge of Past Floods

• Backwater Analysis

• Hydraulic/Scout Analysis and Report

Preliminary Design

• Location Narrative

• Roadway Alternatives

• Bridge Alternative Study

• Type, Size, and Location Report

• Perform Utility Coordination

• Inspection of existing precast box beams

• Existing foundation investigation including destructive or non-destructive means

• Traffic control staging and any detour structures

Environmental Analysis, Documentation, and Compliance

• Draft and Final Environmental Documents

• Environmental Project Management

• Compliance with state and local planning requirements

• Findings for goal exceptions, plan amendments, and variances

• Acquisition of Conditional Use Permits

• Planning and Land Use analysis and reports

• Facility or Refinement Plan

• Section 106 Determination of Eligibility

• 106 Finding of Effect

• 106 Memorandum of Agreement

• Cultural Resources Technical Report (EIS, EA only)

• ORS 358 Coordination Form

• Excavation Permit (SHPO)

• Wetland delineation and report

• Coordinate with designers on avoidance and minimization options

• Wetland functional analysis

• Wetland impact assessment

• Conceptual wetlands mitigation report

• Coordination with ACE and DSL on mitigation options

• Final wetland mitigation grading and planting plans and specifications

• Pre-construction meeting with construction contractor

• Construction inspection for wetland and biological mitigation site

Page A-3

• Adaptive management of wetland mitigation during construction

• Post-construction mitigation site monitoring with annual reports

• Wetland mitigation site maintenance

• Wetland mitigation site remediation plans

• Water resources Impact Assessment and report

• Water Quality mitigation design concept report

• Final water quality mitigation design plans and specifications

• Erosion and sediment control plans

• Oregon Natural Heritage database search

• Request species’ list from USFWS and NMFS

• Field survey for plants, birds and other species of concern

• Prepare Biological Assessment (BA) and Biological Evaluation

• Prepare No Effect memo

• Develop mitigation plans for biological species

• Incorporate Terms and Conditions from Biological Opinion (BO) into Specifications

• Photograph pre-existing baseline conditions at construction site

• Estimate costs for maintaining, remediating, and site inspection for including in construction budgets

• Monitor mitigation or special features of the site as per permits or BO

• Prepare monitoring documents and submit to agencies

• Coordinate site remediation or maintenance as needed

• Prepare Air Quality Technical Report per guidance and conformity criteria (OAR 340-252-0010 through 0290)

Prepare All Required Permit Applications

• Bureau of Reclamation

• Joint Permit Application to U.S. Army Corps of Engineers and Oregon Division of State Lands

• Local permits including conditional use, floodplain, railroad, etc

• Determine permits required from or notification of other government agencies

• Prepare & Submit Required Permits to Contract Administrator or designee for Review, Approval and Signature

Right of Way

• Prepare access list and coordinate closures with Local Agency

• Research and Survey

• Provide original survey maps, field notes, and calculation sheets

• Prepare Legal Descriptions and Maps for Right of Way and easements to be acquired

• Horizontal Control and Recovery Map

Page A-4

• Right of Way Staking for Acquisition

• Right of Way Monumentation and Mapping

• File surveys with County Surveyor

• R/W Descriptions

• Obtain title documents and prepare conveyance documents

• Prepare all appraisals needed for Right of Way and easement files

• Prepare relocation reports, studies and claims for displaced owners

• R/W Negotiations

• R/W Acquisition

• Bureau of Reclamation Right-of-Way

• Temporary Construction Easements

• Prepare final report packet for each file where a signed agreement is reached

• Prepare recommendations for condemnation, if needed

• Perform project-related property management services

• Perform Utility Coordination Services

• Certification of Project Right of Way Acquisition

Prepare Final Plans, Special Provisions, and Cost Estimates

• Design the bridges using the Load and Resistance Factor Design (LRFD) Specification

• Prepare Final Plans

• Final Quantities and Engineer’s Cost Estimate

• Special Provisions

• Engineer’s Construction Schedule

• Respond to Local Agency comments on all design reviews

• Prepare Utility Notifications

• Provide copies of plans and specs to distribute to plan centers and bidders

Public Outreach

• Assist County with community and neighborhood outreach

• Prepare exhibits

• Prepare notification letters

• Provide responses to community inquiries

Bidding Assistance

• Respond to Questions from Bidders and Local Agency

• Prepare Addenda to Plans and Specifications

Construction Services (Separate Notice to Proceed from County)

• Assist with the evaluation of bids

• Preconstruction conference

Page A-5

• Office Engineering

• Construction monitoring and inspection

• Project management services and contract administration

• Schedule review

• Approve pay schedules and change orders

• Review contractor submitted certified payrolls

• Claims assistance

• Checking shop drawings/submittals

• Field-testing and inspection of material

• Coordinate laboratory testing (records tests, etc.)

• Prepare "As-Constructed" plans

• Public Relations

• Establish grades

• Survey Control, Horizontal and Vertical

• Post construction Load Ratings

• Deliver all design and construction files electronically to the county. This is expected during each task/phase.

V-B – MAPS & CONCEPT PLANS

LAKE

SWAN

McCARTIE

BONANZA

VALLEY

SCHAUPP

SOUTH

WEBBER

RD.

POE

POE

RD.

NORTH

RD.

RD

RD.

RD.

HARPOLD

POE

NORTH

RD.

Lake

RD

Alkali

CASEBEER

RD.

WEST

RD.

HWY

LA

KEV

IEW

KLAMATHRD.

Dairy

FALLS-

HI

LD

EB

RA

ND

BL

IS

S

DAIRY-

HA

SK

IN

S

Valley

RD

Yonna

RD

CU

TO

FF

RD.

LN.

VALLEY

RD.

W

AL

KE

R

FACTORY

CHEESE

Springs Hot RD.

GA

LE

BUNN

RD.

VALLEY

Lorella

RD

RD

BUNN

TEARE

JONES RD.

LN.

EAST

BL

Y

M

OU

NT

AIN

RD

BU

RG

DO

RF

BU

RG

DO

RF

TE

AR

E

LN

WAYLANGELL

WEST

VA

EY

LL

VA LL EY

VALLEY

LANGELL

Bonanza

LANGELL

35C168

HARPOLD

SMITH

RESERVIOR

SHORT

LAKE

Lost

Lost

River

W es t

East

Y onna

Buck

C reek

Ditch

C anal

C reek

C anyon

H ig h Line

L ow

N or th

L in e

Canal

R ocky

Canal

Ditch

High Line

Ditch

D itch

KENO

HW

Y.

S

EVIE

LAK

Olene

W

POEOUTH

NORTH POE

NO

. 2

HA

RP

OL

D

VICINITY MAP

VICINITY MAP

BRIDGE 35C168 REPLACEMENT

NORTH POE VALLEY/HARPOLD ROAD (LOST RIVER)

EXHIBIT

V-B.1

PROJECT

LOCATION

KLAMATH COUNTY PUBLIC WORKS

M icr os of t C or po rat ion

M ax ar

CN

ES

(2

6)

Di str ibu tio n A irb us D

S ©

TM

AP

M

OBIL

ITY

Ea rth sta r G eo gr ap hic s

SIO

M ap bo x

CONCEPT BRIDGE PLAN

L O

S T

R

IV

E R

H A

R P

O L

D R

O A

D

N O

R T

H P

O E

V A

L L

E Y

R O

A D

CONCEPT BRIDGE PLAN

BRIDGE 35C168 REPLACEMENT

NORTH POE VALLEY/HARPOLD ROAD (LOST RIVER)

EXHIBIT

V-B.2

CONCEPT ROADWAY/BRIDGE PROFILE

RFP 02-26

CONCEPT ROADWAY

PROFILE

BRIDGE 35C168 REPLACEMENT

NORTH POE VALLEY/HARPOLD ROAD (LOST RIVER)

EXHIBIT

V-B.3

V-C – BORING MAP AND LOGS

M icr os of t C or po ra tio n © M ax ar

CN

ES

(2

6)

Dist rib ut ion

A irb us D

S ©

TM

AP

M

OBIL

ITY

Ea rth sta r G eo gr ap hic s

SIO

M ap bo x

S a m p l e

BORING LOG

Drill Rig: Mobile B-58 Date Drilled: 5/2/24 Logged By:

Mud Coring Fill Inches Boring NumberPoe Valley N Robin Warren PE

Blow

Counts

Depth

Feet Lithology Description

FILL: Medium dense, brown COBBLE and BOULDERS (basalt) in a silt matrix.

Soft, black SILT; trace organics, traceclay.

50 for 1 in. 20

Hard (RH-3) black BASALT; slightly weathered to fresh, 50 for 0 in. 25

Completion Notes:

L

35 -massive.

Site:

Poe Valley Road

Lost River Crossing

Klamath County, Project No.: 5966 Page 1

S a m p l e

BORING LOG

Drill Rig: Mobile B-58 Date Drilled: 5/2/24 Logged By:

Mud Coring Fill Inches Boring Number:Poe Valley S Robin Warren PE

Blow

Counts

Depth

Feet Lithology Description

XXXX 15

17/50 for 4 in.

50 for 1 in. 20

50 for 0 in. 25

Completion Notes:

FILL: Medium dense, brown COBBLE and BOULDERS (basalt) in a silt matrix.

Soft, black SILT; trace organics, traceclay.

Hard (RH-3) black BASALT; slightly weathered to fresh, massive.

Site:

Poe Valley Road

Lost River Crossing Klamath County, Project No.: 5966 Page 1

V-D – SAMPLE PROFESSIONAL SERVICES CONTRACT AND CERTIFICATIONS

Consultant Services Contract: Bridge Replacement Design Page D-1

KLAMATH COUNTY CONTRACT FOR PROFESSIONAL SERVICES (SAMPLE)

This Client Services Contract (Contract) is between the Klamath County (“County”) acting by and through its Public Works ("Department"), ______________, ("Contractor"). This Contract is effective on the date it has been signed by all parties and expires two calendar years from said date.

The Department's Contract Administrator for this Contract is: Klamath County Public Works Director

Phone Number: 541-883-4696 Address: 305 Main St Klamath Falls, OR 97601

The Contractor's Contract Administrator for this Contract is:

Phone Number: Address:

1. Services to be Provided.

a. Required Services. Deliverables and Delivery Schedule. Contractor shall provide, or cause to be provided, as an independent contractor and not as an agent of the County, Engineering Consultant Services for developing plans and specifications with associate bid and construction administration support for Bridge 35C168 – North Poe Valley Road over the Lost River as defined in "Exhibit A" (Proposal), attached to and hereby made a part of this contract.

2. Compensation.

a. For services provided under this Contract, the Contractor shall be compensated in an amount estimated at

$XXX,XXX.

b. In the event the Board of Commissioners of Klamath County reduces, changes, eliminates, or otherwise modifies the funding for this contract, or if funding from federal, state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services, the County may terminate this contract, in whole or in part, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, and Contractor agrees to abide by any such decision.

3. Subcontracts, Assignment, Successors. Contractor shall not enter into any subcontracts for any of Services required under this Contract without Department’s prior written consent. In addition to any other provisions Department may require, Contractor shall include in any permitted subcontract provisions to ensure that Department will receive the benefit of subcontractor’s performance as if the subcontractor were Contractor. Department’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

4. Assignments. Contractor shall not assign, delegate or transfer any of its rights or obligations under this Contract without Department’s prior written consent. Department’s written consent does not relieve Contractor of any obligations under this Contract, and any assignee, transferee, or delegate is considered Contractor’s agent.

5. Successors. The provisions of this Contract are binding upon, and inure to the benefit the parties and their respective successors and permitted assigns, if any.

6. Quality of Service. Contractor has represented, and by entering into this Contract now represents, that all personnel assigned to the work under this Contract are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and if required to be licensed or registered be the State of Oregon, are so licensed or registered. Contractor shall perform the services herein described in accordance with its own methods, the terms of this Contract and applicable laws and regulations and shall be responsible for the professional quality, technical accuracy and the coordination of all services furnished by the Contractor under this Contract. Contractor shall, without additional compensation, correct or revise any error or deficiencies in the work products or services. Neither the County’s review, approval or acceptance of, nor payment for, any of the services required under this Contract shall be construed to operate as a waiver of this Contract, and the Contractor shall be and remain liable to County in accordance with applicable laws for all damages to County caused by Contractor’s negligent performance of any services furnished under the Contract.

7. Ownership of Work Product. All work product of the Contractor that results from this Contract (the “Work Product”) is the exclusive property of the County. The County and the Contractor agree that such Work Product be deemed “work made for hire” of which the Department be deemed the author. If for any reason the Work Product is not deemed “work made for hire,” the Contractor hereby irrevocably assigns to the County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. The Contractor shall execute such further documents and instruments as the Department, or both, may reasonably request in order to fully vest such rights in the County. The Contractor forever waives any and all rights related to the Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification or authorship or rights of approval, restriction or limitation on use or subsequent modifications.

8. Termination.

a. This Contract may be terminated by either party by giving written notice to the other party at least thirty (30) days prior to the termination date.

b. The County reserves the right to terminate this Contract upon ten (10) days notice should the Contractor fail to comply with the provisions of the Insurance section of this Contract.

c. The County reserves the right to immediately terminate this Contract upon loss of licensure of Contractor.

Consultant Services Contract: Bridge Replacement Design Page D-2

d. The County reserves the right to terminate this Contract with twenty-four (24) hours notice should the County find the Contractor has failed to provide the agreed upon services in keeping with the conditions of this contract, or relevant law, rule or regulation or has performed in a manner determined to have violated the civil rights of, or otherwise caused harm to, any individual serviced under this contract.

9. Amendments. This Contract may be amended to the extent permitted by applicable statutes and administrative rules.

No waiver, consent, or amendment of terms of this Contract shall bind either party unless in writing and signed by County and Contractor, and all necessary approvals have been obtained. Waivers and consents shall be effective only in the specific instance and for the specific purpose given. The failure of County to enforce any provision of this Contract shall not constitute a waiver by County of that or any other provision.

10. Access to Records. Klamath County, Department, and their duly authorized representatives shall have access to the Contractor’s books, documents, papers and records pertinent to this Contract for the purpose of making audit, examination, excerpts and transcripts.

11. Compliance with Applicable Laws and Standards.

a. The Contractor, throughout the duration of this Contract and any extensions, shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Contract or to the Contractor’s obligations under this Contract, as those laws, regulations and ordinances may be adopted or amended from time to time.

b. The Department’s performance under this Contract is conditioned upon the Contractor’s compliance with ORS 279B.220, 279B.225, 279B.230 and 279B.235. The Contractor shall, to the maximum extent economically feasible in the performance of this Contract, use recycled paper (as defined in ORS 279A.010 (1) (ee)), recycled PETE products (as defined in ORS 279A.010 (1) (ff)), and other recycled plastic resin products and recycled products (as “recycled product” is defined in ORS 279A.010 (1) (gg)).

c. Any violation of subsection (a.) of this section shall constitute a material breach of this Contract. Further, any violation of this Contract, which Contractor has complied with the tax laws of this state and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Contract. Any violation shall entitle the County to terminate this Contract, to pursue and recover any and all damages that arise from the breach and the termination of this Contract, and to pursue any or all of the remedies available under this Contract, at law, or in equity, including but not limited to:

• Termination of this Contract, in whole or in part;

• Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor, in an amount equal to State’s setoff right, without penalty; and

• Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief.

The County shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing the replacement Services/replacement Goods/ a replacement contractor.

These remedies are cumulative to the extent the remedies are not inconsistent, and the County may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.

12. Independent Contractor; Responsibility for Taxes and Withholding. The Contractor shall perform all required Services as an independent contractor. Although the Department may (a) determine and modify the delivery schedule for Services to be performed and (b) evaluate the quality of the completed performance. The Contractor is responsible for determining the appropriate means and manner of performing any Services required under this Contract. The Contractor certifies, represents and warrants that the Contractor is an independent contractor of the County under all applicable state and federal law. The Contractor is not an “officer,” “employee,” or “agent” of the County as those terms are used in ORS 30.265.

13. Indemnification. Contractor agrees to defend, indemnify and save County, its agents, officers and employees harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, arising or resulting from the fault, negligence, wrongful act or wrongful omission of Contractor or its agents or employees.

14. Insurance. Contractor shall procure and maintain in force, for the entire duration of this Contract, insurance providing coverage for bodily injury and property damage which may arise out of the operations of the Contractor or his subcontractors, employees, agents, assigns or for anyone whose acts any of them may be liable. Such insurance shall have coverage limits equal to or greater than the minimum limits set forth herein

a. Contractor shall furnish to Klamath County an Accord 25-S certificate of insurance evidencing the existence of all insurance coverage(s) required by this contract prior to the commencement of any work.

b. NOTICE OF CANCELLATION OR CHANGE. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the County.

c. Contractor shall endorse the Contractor General Liability (CGL) to include Klamath County as an “additional insured”, including coverage for products and completed operations, and a copy of this endorsement shall accompany each certificate. The additional insurance endorsement shall be CG2010\1985 edition or its equivalent.

Consultant Services Contract: Bridge Replacement Design Page D-3

d. Contractor’s insurance shall be primary and not excess to, or contributory with any insurance coverage provided by Klamath County. Contractor’s insurance shall be endorsed to provide project specific aggregate limits with respect to project covered by this contract.

e. CGL coverage, including products and completed operations coverage, shall be maintained from the date work commences until two years after the work has been completed.

f. If the work required by this contract or the location of the work specified in this contract constitutes an exposure to the employees of the contractor or his subcontractors under the U.S. Longshoremen and harbor Workers Act, The Jones Act, or under any laws, regulations or statutes that apply to maritime workers, the contractor shall ensure that proper coverage is purchased and maintained.

g. Contractor and all Subcontractors shall endorse the Worker’s Compensation coverage to provide a “waiver of subrogation” in favor of Klamath County.

h. Contractor shall ensure that the County is provided with a renewal certificate at least fifteen (15) days prior to the expiration date of the coverage in the event that the original certificate expires prior to the scheduled termination of the Contract.

i. Insurance Coverage Requirements for this Contract are as follows:

(1) Commercial General Liability: Shall cover bodily injury and property damage in a form and with coverages that are satisfactory to the County. The insurance shall include personal and advertising injury liability and products and completed operations coverage. Where Contractor’s Commercial General Liability Insurance limits are less than what is required for this Project, the Contractor shall obtain Excess or Umbrella Liability Coverage with sufficient limits that when added to the Contractor’s Commercial General Liability Insurance limits the total meets the Project requirements. Excess or Umbrella coverage shall extend to the same perils, terms, and conditions of the Commercial General Liability Insurance coverage.

o Each Occurrence: $2,000,000 o Aggregate: $4,000,000

(2) Commercial Auto Liability: Shall cover all owned, non-owned, and hired vehicles.

o Combined Single: $1,000,000

(3) Workers’ Compensation o Statutory Limits o Employers Liability

▪ $1,000,000

(4) Professional Liability Coverage: Professional Liability Coverage covering any damages caused by an error, omission or any negligent or wrongful acts related to the services to be provided under this contract. Per occurrence (for all claimants for claims arising out of a single accident or occurrence) in the amount of o $2,000,000 and $4,000,000 Professional Aggregate.

15. No Third Party Beneficiaries. The County and the Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

16. Merger. This Contract constitutes the entire agreement between the parties, and there are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract.

17. Health Insurance Portability and Accountability Act.

a. If the Services funded in whole or in part with financial assistance provided under this Contract are covered by the

Health Insurance Portability and Accountability Act or the federal regulations implementing the Act (collectively referred to as HIPAA), Contractor agrees to deliver the Services in compliance with HIPAA. Without limiting the generality of the foregoing, Services funded in whole or in part with financial assistance provided under this Contract are covered by HIPAA. Contractor shall comply and cause all Providers to comply with the following:

b. Privacy and Security of Individually Identifiable Health Information. Individually Identifiable Health Information about specific individuals is confidential. Individually Identifiable Health Information relating to specific individuals may be exchanged between Contractor and County for purposes directly related to the provision of services to Contractor’s clients, which are funded in whole or in part under this Contract. However, Contractor shall not use or disclose any Individually Identifiable Health Information about specific individuals in a manner that would violate the Oregon Privacy Rules, OAR 410-014-0000 et. Seq., or County policy, Section 900.”HIPAA Policy” of the Klamath County Human Resources Policy & Procedures Manual, if done by County. A copy of the most recent Klamath County Human Resources Policy & Procedures Manual is available through the Human Resources Department at 305 Main Street, Klamath Falls, Oregon 97601.

Consultant Services Contract: Bridge Replacement Design Page D-4

18. Events of Breach.

a. Breach by Contractor. Contractor breaches this Contract if:

(1) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis;

(2) Contractor no longer holds a license or certificate that is required for Contractor to perform its obligations under this Contract and Contractor has not obtained the license or certificate within fourteen

(14) calendar days after Department delivers notice of breach to Contractor or a longer period as Department may specify in the notice; or

(3) Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to perform its obligations under this Contract within the time specified or any extension of that time, and Contractor fails to cure the breach within fourteen (14) calendar days after Department delivers notice of breach to Contractor or a longer period as Department may specify in the notice.

(4) Contractor is in breach or default in any other contracts or agreements with the County.

b. Breach by County. County breaches this Contract if:

(1) County fails to pay Contractor any amount pursuant to the terms of this Contract, and County fails to cure its failure to pay within fourteen (14) calendar days after Contractor delivers notice of breach to County or a longer period as Contractor may specify in the notice; or

(2) County commits any material breach of any covenant, warranty, or obligation under this Contract, fails to perform its obligations hereunder within the time specified or any extension thereof, and County fails to cure the breach within fourteen (14) calendar days after Contractor delivers notice of breach to County or a longer period as Contractor may specify in the notice.

19. Remedies.

a. County's Remedies. If Contractor is in breach, then in addition to the remedies afforded elsewhere in this Contract, County shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. County may, at Department’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to:

(1) Termination of this Contract;

o Withholding payment of all amounts in Contractor’s invoices for Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively;

o Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or o Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to County’s setoff right, without penalty.

o These remedies are cumulative to the extent the remedies are not inconsistent, and County may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 7.

b. Contractor's Remedies. If County is in breach of contract, Contractor's sole remedy is one of the following, as applicable:

(1) For Services compensable on an hourly basis, a claim against County for unpaid invoices, hours worked but not yet invoiced, and authorized expenses for Services completed and accepted by Department less any claims County has against Contractor.

(2) For deliverable-based Services, a claim against County for the sum designated for completing the deliverable multiplied by the percentage of Services completed and accepted by Department, less previous amounts paid and any claims County has against Contractor.

c. If previous amounts paid to Contractor for Services and Goods exceed the…