Environmental HTRW Services Informal RFP 2026.pdf

URBAN FLOOD SAFETY & WATER QUALITY DISTRICT

1880 NE ELROD DRIVE

PORTLAND, OR 97211

Informal Request for Proposals ("RFP")

A&E and Related Services

ENVIRONMENTAL HTRW TESTING SERVICES

RFP No. S-Q10054-00017095

Pre-Qualification:

Not Required

RFP Availability:

This RFP is available electronically through the OregonBuys website at https://oregonbuys.gov/bso. Interested parties must be registered with OregonBuys to obtain and download documents. Registration is at no cost. Future notices regarding this solicitation, including solicitation addenda, will be posted to OregonBuys. See the State Procurement OregonBuys website at https://oregonbuys.gov/bso for additional information regarding use of the OregonBuys system.

Proposals Due: Not later than 2:00 P.M. PST, June 17, 2026 Late proposals will not be accepted or considered.

Submit Proposals to: https://oregonbuys.gov/bso/

Direct Questions to:

Procurement Contact: Nicole Handley, Contract Administrator Email: NHANDLEY@URBANFLOODSAFETYOR.GOV Phone: (503) 281-5675 Questions can be submitted to the Q&A Tab on OregonBuys of via email to Procurement Contact https://oregonbuys.gov/bso https://oregonbuys.gov/bso

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Proposal Documents:

RFP

Attachment A: Form of Proposed Contract

Attachment B: Insurance Requirements

Attachment C: Worker’s Compensation Exemption Certificate

Attachment D: References

1. Introduction

The Urban Flood Safety & Water Quality District (“UFSWQD” and “District”), seeks written proposals from qualified vendors able to provide Environmental Sampling Services including preliminary Hazardous, Toxic, and Radioactive Waste (HTRW) Assessment review, soil sampling, and provide a summary report.

District will screen and select proposers as provided in ORS 279C.110. The District intends to award one (1) Service Agreement as a result of this RFP with a total amount of approximately $75,000.

The contract term will be one (1) year with option to renew.

1.1 About the District

The Urban Flood Safety & Water Quality District (whose “doing-business-as-title” is now “the Flood Safety District”) was created by the Oregon State Legislature during the 2019 legislative session to modernize the management of the 27 miles of levee and water conveyance system that spans North Portland, Gresham, Fairview, and Troutdale. This special district replaced the four independent Drainage Districts, each of which managed sections of the system. The UFSWQD was established to provide a safer, more modern and sustainable way to manage flood safety along the Columbia River in the Portland metropolitan region. The UFSWQD continues the work of the four legacy drainage districts, and takes on new services, including:

• Contributing to improved water quality, fish and wildlife habitat, floodplain restoration and landscape resilience in the managed floodplain;

• Promoting equity and social justice in all aspects of the District’s operations;

• Preparing for and adapting to the impacts of climate change in relation to the managed floodplain;

• Providing the public with information regarding the infrastructure and the history of the managed floodplain.

A complete version of ORS 550 is located on the state’s website, https://www.oregonlegislature.gov/bills_laws/ors/ors550.html. The expectation is that this project design includes elements that advance these new UFSWQD services.

https://www.oregonlegislature.gov/bills_laws/ors/ors550.html

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1.2 About the PMLS Project

The Portland Metro area’s flood control system on the Columbia River is over 100 years old. While the region’s levees are functional, the system no longer meets federal standards and requires major upgrades to withstand flooding. Parts of UFSWQD’s flood management system—including levees and pump stations—need to be upgraded to continue reducing flood risk for 8,000 residents, 2,500 businesses employing approximately 60,000 people, $16 billion in economic activity, the Oregon Air National Guard Base, 2 airports, 2 interstate bridges, 3 major electrical hydropower transmission hubs, the Columbia South Shore Well Field (the backup drinking water source for the Portland Metro area), 1 wastewater treatment plant, and the natural environment.

This project includes 19 improvements that will:

• Make levees stronger and more reliable through improvements to approximately 30% of the system

• Increase the level of protection for the western part of the flood management system to reduce failure and to prevent overtopping and levee breaches

• Build a new levee and floodwall where the ad-hoc levee railroad embankment failed in 1948, destroying the City of Vanport, as well as address levee performance in two other failure points from that year

• Fill in low spots where overtopping poses a risk

• Replace or upgrade outdated pump stations which move water from behind the levees out of the system and prevent internal flooding

• Improve access to backup power for critical pump stations

1.3 Environmental Assessment Related to the PMLS (taken from Section 4.11.1 of the Integrated Feasibility Report and Environmental assessment (IFR/EA))

A preliminary Hazardous, Toxic, and Radioactive Waste (“HTRW” in USACE terminology) Assessment has been performed for the purpose of identifying known or suspected HTRW issues within the proposed study area. The assessment is comparable to a Phase 1 Environmental site assessment1 and is intended to reduce, but not eliminate, uncertainty regarding the existence of known or potential HTRW sites. The HTRW Assessment was initially prepared by conducting a thorough search of databases identifying properties with known or suspected environmental concerns within the study area (EDR 2019). Given the large areal extent of the study area boundaries, the scope of inquiry was limited to investigating HTRW potential within the project boundaries.

1 The HTRW Assessment guidelines and activities are comparable to ASTM E1527-21 standards.

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Methodology was limited to a review of state and Federal databases, and of reasonably attainable documents for known and suspected contaminated sites.

Appendix F of the Integrated Feasibility Report and Environmental Assessment provides a summary of the database search results and follow-on research. It also contains details for the single site of concern, including the 1) site identification, 2) location, 3) associated alternative and levee measure, 4) levee section, 5) environmental databases containing records of the site, and 6) site ranking. Site maps are provided in Appendix F, Section 4.

After consideration of the USACE HTRW Assessment, the following sampling area was identified by the USACE for soil sampling to identify the presence and extent of any hydrocarbon and metals above threshold values along and adjacent to the project site adjacent to Diversified Marine, Inc. In addition, the UFSWQD has decided to conduct additional soil sampling along the Burlington Northern Sante Fe and Union Pacific Railroad alignments parallel to project sites. While the latter did not present any database searches or other assessments that indicated the need for sampling, the UFSWQD is opting to sample this area for greater certainty given the legacy land and transportation uses in this area and the potential for accumulation of smaller discharges of hydrocarbons by rail engines and rail tank cars.

The non-Federal sponsor is responsible for providing all real estate required for the project and all real estate provided for the project must be acceptable and free of HTRW materials as defined by USACE Engineer Regulation (ER) 1165-2-132, in order to mitigate the possibility for any environmental liabilities resulting from project construction.

One site for further investigation was found within the proposed footprint of Alternative 5 (Site I). It has the potential to be a site with a high level of environmental concern, depending on the result of the Phase II investigation during PED. Measures proposed for Alternative 5 include each of those noted for Alternatives 3 and 4. Additional structural and ground-disturbance work is proposed for the construction of floodwalls in some locations along the Columbia River in PEN 1 and PEN 2. Site I is located adjacent to the proposed floodwall in PEN 1 and partly overlaps with the construction footprint. There are numerous Pollution Complaints and Spill Reports associated with Site I and ODEQ suspects that multiple contaminants may be present within multiple environmental media at the site, including within soil. There is limited analytical data for the site, and a detailed review of available documentation was not able to rule out the possibility of soil contamination within the alternative footprint. A Phase II assessment is recommended during the Preconstruction Engineering and Design (PED) phase to determine the extent of contamination. After more information is gathered, the Flood Safety District (the non- Federal sponsor in this project) will implement a response plan to ensure a clean site before construction. An example of a possible response plan is excavating soil and sending it to waste management sites that accept contaminated materials. Refer to Appendix F (HTRW) for more discussion.

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The non-Federal sponsor is responsible for providing real estate required for the project and all real estate provided for the project must be acceptable and free of HTRW

-7-materials as defined by ER 1165-2-132, in order to mitigate the possibility of any environmental liabilities to be discovered during project construction. No construction will occur where known hazardous waste may be released or exposed and cause human health risk. In the event that undocumented hazardous wastes are discovered during construction, all further activity would cease until an assessment, and any necessary remediation is complete. All construction activities will adhere to relevant federal and local regulatory requirements and best management practices will be in place to ensure protection of human health and the environment.

If HTRW is discovered during a Phase II Site Assessment, additional construction costs incurred by the Potentially Responsible Party for managing HTRW may range between $100,000 - $1,000,000 and would include the proper disposal of contaminated soil. This estimate does not account for potential groundwater contamination or other regulatory requirements that may be necessary. Encountering groundwater is not anticipated nor accounted for in this estimate.

The work under this RFP is intended to identify and characterize the extent of any contamination within or adjacent to the proposed design footprint to certify a clean site and advise as the presence of nearby contaminants to inform designers in the event spatial adjustments to site plans are necessary or possible to avoid contamination.

1.3 Timeline/Deadlines

ACTIVITY DATE

Issuance of Request for Proposal June 1, 2026 Deadline for Questions/Clarifications June 10, 2026 at 4:00 PM Deadline for Submission of Proposal June 17, 2026, at 2:00 PM Initial Evaluation of Proposal June 22 – June 26, 2026 Notice of Intent to Award June 26, 2026 Contract Kickoff June 30, 2026

The District reserves the right to deviate from this schedule.

1.4 RFP Clarifications

(a) Informal Questions or Requests for Clarification

Any Proposer requiring clarification of the information provided in this RFP may submit specific questions or comments in writing to OregonBuys via Q&A tab or email submission. The deadline for submitting such questions is June 10, 2026.

2. Scope of Work

Consultant or consultant teams will generally perform the following services as requested by the District.

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2.1 Review PMLS Project Scope and Initial HTRW Assessment; Prepare Sampling Plan

Attend a site visit to the subject areas with District staff.

Review the IFR/EA, Civil Design Appendix D, HTRW Appendix F, and other documents furnished by the District to verify the extent of work and depth of sampling required for future certification that real estate is free from contamination as required. Additional DEQ records obtained and indicated in Appendix F will be furnished by the District.

Review any additional publicly available documents related to the proposed sampling sites, as necessary.

Review the Civil Works Appendix D to verify the extent of work and depth of sampling necessary.

Develop a Sampling and Analysis Plan (SAP) of the two sites below for review by the USACE and District. Address any comments provided to ensure adequacy of proposed Phase 2 SAP for project needs. The proposed work in the primary site is in the right-of-way; where additional sampling is necessary on private parcels, the Contractor will work with the District for access.

1. Diversified Marine Site – Develop a plan and estimate based on the proposed lateral and vertical extent of anticipated excavations. Approximately four composite soil samples are expected and an allowance for two contingent sampling sites should be included in your estimate

2. Railroad Site – Develop a plan and estimate based on the proposed lateral and vertical extent of anticipated excavations. Approximately twenty surface soil samples, up to four composite samples, and four sediment samples (in submerged areas scheduled to be filled) are anticipated and an allowance for up to 6 contingent sampling sites should be included in your estimate.

Prepare a Health and Safety Plan for sampling teams during field activities.

The District’s goal is to sample soils and sediment in the Summer of 2026 and receive a summary report by October 1, 2026.

2.2 Site Sampling and Characterization at Diversified Marine, Inc.

The IFR/EA and Appendix F documents Phase I investigative work and outlines Phase 2 work.

This task involves soil sampling to identify the presence of any potential contaminants of concern in the footprint of floodwalls proposed in the right-of-way adjacent to Diversified and characterize conditions.

Coordinate access to any property outside the right-of-way with District staff.

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Mark existing utilities near proposed boring locations per best engineering practice.

Execute surface excavations, soil borings, or otherwise obtain samples as identified in the

SAP

Classify soils in accordance with ASTM D 2488-90 and log the results.

Field screen soil samples for petroleum and volatile organic compounds.

Proper storage and disposal of investigation-derived waste generated during sampling activities including decontamination water.

Submit soil samples to an Oregon-accredited laboratory for analysis of the following constituents of interest (COI) identified in the HTRW Appendix F or associated with the shipyard or other operations at Diversified Marine as well as any others recommended by the Consultant:

1. Gasoline-range petroleum hydrocarbons by Northwest Method NWTPH-Gx

2. Diesel- and oil-range petroleum hydrocarbons by Northwest Method NWTPH-Dx

3. VOCs by EPA Method 8260D

4. Polycyclic aromatic hydrocarbons (PAHs) by EPA Method 8270-SIM

5. Resource Conservation and Recovery Act (RCRA) eight metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) by EPA Method 6020

For cost estimating purposes, assumed that up to four composite soil samples (one per boring) will be submitted for laboratory analysis. Contingent quantities will be provided in the event the contractor finds additional samples are necessary.

2.2 Site Sampling and Characterization For Project Sites Adjacent to the Burlington Northern Santa Fe and Union Pacific Railroads

IFR/EA documents Phase I investigative work and outlines Phase 2 work. This task involves soil sampling to characterize conditions and identify the presence of contaminants in the footprint of levees and floodwalls proposed in the adjacent right-of-way as well as public and private parcels including, but not limited to, properties owned by Graphics Packaging, Terminal Peninsula Company, Wildwood, and the City of Portland.

Coordinate access to any property outside the right-of-way with District staff.

Mark existing utilities near proposed boring locations per best engineering practice.

Execute surface excavations, soil borings, or otherwise obtain samples as identified in the

SAP

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Classify soils and sediment samples in accordance with ASTM D 2488-90 or other applicable standards and log the results.

Field screen soil samples for petroleum and volatile organic compounds.

Proper storage and disposal of investigation-derived waste generated during sampling activities including decontamination water.

Submit soil and sediment samples to an Oregon-accredited laboratory for analysis of the following constituents of interest (COI) and any other COIs recommended by the Consultant in accordance with commonly accepted practices and standards:

1. Diesel- and oil-range petroleum hydrocarbons by Northwest Method NWTPH- Dx;

2. PAHs by EPA Method 8270-SIM;

3. RCRA eight metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) by EPA Method 6020;

4. PCBs by EPA Method 8082;

5. Chlorinated pesticides by EPA Method 8081; and

6. Chlorinated herbicides by EPA Method 8151.

For cost estimating purposes, provide a reasonable number of surface soil samples and composite samples assuming depths based on circumstances. Where floodwalls are planned, composite sample are expected to the depth of floodwall excavations and where levees are planned, a combination of methods may be necessary: clearing and grubbing for levee work where minimal site prep is necessary, sediment samples may be necessary where sediments are excepted to be removed for foundation preparation. Contingent quantities will be provided in the event the contractor finds that additional samples are necessary.

2.4 Summary Report

A brief summary report will be prepared to document sampling activities and present soil and sediment sampling results. The report will include the following:

a summary of field activities, analytical results and findings figures showing the locations of each sampling area, planned levee or floodwall footprints (spatial files to be provided by the District), and location/depth of all soil and sediment samples.

-11-tables summarizing results of sample analysis data and comparing detected concentrations of COI to DEQ Clean Fill Determination Screening Levels, Risk Based Cleanup Levels, and any other standards of best practice recommendations for management of soil excavated from the planned levee and floodwall improvement project

It is anticipated that the recommendations for management may include reuse of soil that meets the DEQ Clean Fill criteria and/or disposal of soil at an appropriate landfill.

3. Proposal Format, Content, and Submission

3.1 Proposal Format

District proposal standards:

(a) Proposal includes a one-page cover letter (included in the page count) as the first page of the proposal. Please include your primary contact information (including preferred email), active business license number, and indicate whether our firm or any subcontractors are COBID certified.

(b) Proposal includes Attachments C and D

(c) Proposal addresses all evaluation criteria in the order presented in Section 3.2

(d) Proposal may not exceed 12 pages in length, not including reports, resumes, and attachments. Please limit resumes to one page each.

Please do not include sales or promotional materials as part of proposal, unless requested.

3.2 Proposal Responses to Evaluation Criteria

Each proposal must address each of the following Evaluation Criteria completely, and in the order provided:

Written Evaluation Criteria – Proposal

1. Proposing Firm’s structure and key personnel qualifications related to preferred qualifications.

a. Identify key personnel with prime and sub-contractors.

Provide the following for project team members:

i. Education, background, directly related work experience, professional development and licenses, and any unique qualifications.

Maximum Points Available: 20

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ii. Describe their roles and responsibilities on projects.

b. Provide current resumes of key personnel. Include any relevant licenses and/or certifications. (Note: Resumes may be included as an appendix and would then not be included in the Proposal page count).

2. Proposing Firm’s experience providing Environmental Sampling Services.

a. Describe your firm’s experience providing services similar in scope and complexity to those outlined in this RFP.

b. Explain your approach to providing technical support, assessments, and reports ensuring they align with both industry standards and specific client needs, including examples of past projects.

c. If utilizing subcontractors, provide details on their relevant experience and process for verifying and validating collected data before it is incorporated into final deliverables.

Maximum Points Available: 25

3. Understanding of Requested Services, Approach and Implementation

a. Provide an preliminary proposal of how your project team would approach the work outlined in the Scope of Work for this RFP and meet the timeline (Sampling completed in Summer 2026 with a summary report finalized on or about October 1, 2026).

b. Explain how you ensure data accuracy, consistency, and compliance with industry standards for a Phase 2 assessment.

c. Describe your experience working with drainage districts and local, state, and federal agencies, and how that experience will help ensure success in coordinating services for the District.

Maximum Points Available: 25

4. Community Outreach and Commitment to Environmental Sustainability

Please provide responses to the following questions.

Describe your firm’s mission and goals and provide examples of how you address your goals. (5 pts)

Available: 15

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Describe how the firm engages and collaborates with the community. (5 pts)

Describe how your team strives to lessen environmental impacts.

(5 pts)

5. Cost Estimate

a. Sampling Plan

b. Sampling at Diversified Marine

i. Sampling of up to 4 composite samples

ii. Contingent sampling (up to 2)

1. Surface samples

2. Composite samples

c. Sampling at Railroad Embankment adjacent project areas

i. Sampling of up to 20 surface samples, 4 composite samples, and 4 sediment samples

ii. Contingent samples (up to 6)

1. Surface samples

2. Composite soil samples

3. Sediment samples

d. Summary Reporting

Available: 15

Total Points Available: 100

3.3 Proposal Submission

Proposals must be delivered to OregonBuys no later than the due date and time set forth in Section 1. Proposals not received by the due date and time will be considered late. District will reject all late proposals.

In the event of a failure of District’s system for electronic submission of proposals that interferes with the ability of Proposers to submit electronic proposals, protest, or otherwise participate in this RFP, District may cancel this RFP of may extend the proposal due date and time.

3.4 Confidential Information

The District is subject to the Oregon Public Records Law (ORS 192.311 to 192.478), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted under ORS

192.338 to 192.355, or other applicable law.

Pursuant to ORS 279C.107, the District need not open proposals for public inspection until after execution of the contract(s) awarded under this section.

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Thereafter, the District will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law.

4. Proposal Evaluation and Award

4.1 Clarification of Responses

In the event that one or more proposals are in need of clarification, the District will request such clarification in writing and will afford the Proposer(s) contacted an opportunity to respond in kind, with the necessary clarification.

4.2 Proposal Evaluation

An Evaluation Committee will evaluate the proposals. Each evaluator will independently evaluate and score proposals in accordance with the Evaluation Criteria. The District may assign certain evaluators specific evaluation criteria, in alignment with the evaluator's expertise.

Pricing will be evaluated using a proportional lowest-cost methodology. The proposer submitting the lowest total cost will receive the maximum points available for the criteria. All other proposals will receive a score calculated by dividing the lowest proposed cost by the proposer’s cost and multiplying by the maximum point available for pricing.

Score = (Lowest Cost / Proposer’s Cost) x Maximum Points

4.2.1 References

The District reserves the right to investigate references, including customers other than those listed in a Proposer's submission. This inquiry may include without limitation investigation of past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, completion or delivery of a project on schedule, and its lawful payment of employees and subcontractors.

4.3 Notification of Intent to Award

The District will notify Proposers of its Intent to Award on OregonBuys.

4.4 Negotiation

4.4.1 After the District has issued the Notice of Intent to Award, the District will commence serial negotiations with the highest-ranked eligible Proposer.

4.4.2 At any time during negotiations, the District may terminate negotiations with the highest-ranked Proposer, or the eligible Proposer with whom it is currently negotiating if the District believes that:

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4.4.2.1 The eligible Proposer is not negotiating in good faith; or

4.4.2.2 Further negotiations or negotiations with the eligible Proposer will not result in the parties agreeing to the terms and conditions of a final Contract in a timely manner.

4.4.3 If the District terminates negotiations with an eligible Proposer, the District may then commence negotiations with the next highest-ranked eligible Proposer.

4.4.4 The District reserves the right to negotiate final contract terms with the selected Proposer(s) to the fullest extent allowed by law and as in the best interest of the District, including a maximum compensation level that the District alone determines is fair and reasonable.

4.5 Award of Contract

If the District awards a contract pursuant to this RFP it will award a contract to the responsible Proposer whose proposal the District determines in writing is the most advantageous to the District based upon the evaluation process and criteria described in this RFP, applicable preferences, and the outcome of any negotiations authorized by this RFP.

5. Solicitation Terms and Conditions

5.1 District Right to Cancel Solicitation

The District reserves the right to cancel this RFP at any time or to reject any and all proposals, if the District determines that doing so is in the public interest.

5.2 Proposer Cost of Response Preparation

Proposers will bear sole responsibility for all costs incurred in preparing and providing their proposals in response to this RFP. The District is not liable to any Proposer for any loss or expense caused by or resulting from the cancellation of a solicitation or rejection of a proposal.

5.3 Submitted Materials are District Property

All material submitted for any portion of a proposal in response to this RFP, or during any phase of this solicitation, will become the property of the District and will not be returned to Proposers.

5.4 Additional District Reservations

The District reserves the right to reject all proposals, to reject any proposal not in compliance with all prescribed procedures and requirements, to waive any or all

-16-irregularities in proposals submitted, and to award any or all items or services contained in a proposal.

5.5 Sufficient Information.

All Proposers represent and warrant that by responding to this RFP, they have been sufficiently informed in all matters relating to the performance of services solicited under this RFP and its attachments. Prior to submitting a proposal, all Proposers will make a careful examination of this RFP and its provisions, including but not limited to all terms and conditions and specifications. Failure to take these precautions will not release a proposer from performing the services solicited under this RFP in strict accordance with the terms of any contract awarded as a result of this RFP.

6. Contract Terms and Conditions

6.1 Contract Award and Term

The District intends to award one (1) contract as a result of this RFP.

6.2 District Contract

Proposers are advised to thoroughly review and familiarize themselves with the District sample standard contract incorporated as Attachment A.

The successful Proposer will be invited to enter into a contract in substantially the form attached hereto as Attachment A.

Any contract resulting from this RFP will be based on the RFP documents and in compliance with the District Public Contracting Rules and the Public Contracting Code.

6.3 Insurance

Proposers are advised to carefully review the insurance requirements contained in Attachment B. Proposer will promptly provide Certificates of Insurance at the District's request.

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PERSONAL SERVICES AGREEMENT

between

URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT

and

CONTRACTOR NAME

For

ENVIRONMENTAL HTRW TESTING SERVICES

Agreement Number: UFD-XXXX-XX-PSA

This Agreement for Services (this "Agreement") is made by and between the URBAN FLOOD SAFETY AND WATER QUALITY DISTRICT, an Oregon special district created under ORS 550 ("DISTRICT"), and [FULL LEGAL NAME OF CONTRACTOR] ("Contractor"), a _________ corporation by and through their duly authorized representatives, for (insert description of services). This Agreement may refer to the DISTRICT and Contractor individually as a “Party” or jointly as the “Parties”.

Effective Date and Termination. The effective date of this Agreement is [insert date] or the date on which each Party has signed this Agreement, whichever is later (the “Effective Date”).

Unless earlier terminated as provided below, the termination date is [insert date] (“Termination Date”).

The total Compensation Cap amount under this Agreement shall be $____.

Recitals:

WHEREAS, to further its operations, the DISTRICT desires to ________ and;

WHEREAS, Contractor, in its Proposal dated ________ and submitted in response to the DISTRICT’S RFP/ITB number ___________ represented that it has the knowledge, experience, and expertise in (identify what) and;

WHEREAS, the DISTRICT selected Contractor based on its Proposal;

The Parties agree as follows:

ATTACHMENT A

SAMPLE CONTRACT

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TERMS AND CONDITIONS

1. Initial Information

a. Party Contacts.Contractor’s and DISTRICT’S Point of Contact for this Agreement are:

Urban Flood Safety and Water Quality District Contractor:

Name: Name:

Title: Title:

Address: Address:

City, State: City, State:

e-mail: e-mail:

Copy to: Trisha Schultz/Nicole Handley Copy to:

Procurement Services

TSchultz@urbanfloodsafetyor.gov NHandley@urbanfloodsafetyor.gov

2. Agreement Renewal: This Agreement may be renewed upon mutual agreement of both Parties in writing up to five years from the initial execution of this Agreement.

3.Contractor's Contract to Provide Services. Contractor agrees to provide DISTRICT with the Services described in Exhibit 1 (Statement of Work) (the "Services").

a. Payment for Services. DISTRICT agrees to pay Contractor in accordance with Exhibit 1.

b. Exhibits. This Agreement includes the following Exhibits:

Exhibit 1: Statement of Work, Compensation, and Invoicing Requirements

Exhibit 2: Insurance Requirements

Exhibit 3: Certification Statement for Corporation or Independent Contractor

Exhibit 4: Key Personnel and Contractor’s Rate Schedule

Exhibit 5: Contractor’s Proposal

Exhibit 6: General Grant Funding Terms and Conditions

c. Order of Precedence. The terms of any document that forms this Agreement are subject to the following order of precedence:

1. Terms of an Amendment to this Agreement.

2. This Agreement (excluding its Exhibits).

mailto:TSchultz@urbanfloodsafetyor.gov mailto:NHandley@urbanfloodsafetyor.gov

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3. Exhibits to this Agreement in the order set forth in Section 3.b above.

4. Other documents incorporated by the terms of this Agreement.

4. Time is of the Essence. Time is of the essence in the performance of this Agreement.

Contractor shall provide the Services and shall complete its performance in accordance with all schedule requirements under this Agreement.

5. Subcontracts and Assignment. Contractor shall not subcontract any of the Services required under this Agreement or assign or transfer any of its interest in this Agreement, without the prior written consent of the DISTRICT, which may be withheld without cause. In addition to any other provisions the DISTRICT may require, Contractor shall require of any permitted subcontract under this Agreement, that the Subcontractor be bound by all the same terms and conditions of this Agreement. Such subcontracts are solely between the Contractor and the Subcontractor and shall not have any binding effect on the DISTRICT.

6. Other Contractors. The DISTRICT may undertake or award other contracts for additional or related work, and Contractor shall fully cooperate with such other contractors and with any DISTRICT employees concerned with such additional or related work, and shall coordinate its performance under this Agreement with such additional or related work. Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by DISTRICT employees.

7. Independent Contractor Status. Contractor shall certify status as an independent contractor in accordance with Exhibit 3.

8. No Third-Party Beneficiaries. DISTRICT and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement.

9. Successors in Interest. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any.

10. Nonperformance. In the event of nonperformance under this Agreement, the DISTRICT, after seven (7) days' written notice, shall have the right to obtain from other sources such products, services, or both as may be required to accomplish the Services not performed, and it is agreed that the difference in cost, if any, for said work or products shall be borne by the Contractor. For purposes of this section, nonperformance shall be defined as failure to appear and perform the Services as specified and scheduled.

11. Early Termination. This Agreement may be terminated as follows unless otherwise specified herein:

a. The DISTRICT and Contractor, by mutual written agreement, may terminate this Agreement at any time.

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b. The DISTRICT, in its sole discretion, may terminate this Agreement for any reason on 30 days' written notice to Contractor.

c. The DISTRICT may terminate this Agreement in the event of a material breach by Contractor, and Contractor may terminate this Agreement in the event of a material breach by DISTRICT. To be effective, the party seeking termination must give to the other party written notice of the breach and its intent to terminate. If the breaching party fails to cure the breach within 15 days of the date of the notice, the non-breaching party may terminate the Agreement at any time thereafter by giving a written notice of termination.

d. Notwithstanding Section 11.c, the DISTRICT may terminate this Agreement immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide the Services under this Agreement.

12. Payment of Invoices

a. Method of Payment. Payment shall be made as provided in Exhibit 1. Contractor shall bill DISTRICT monthly as Services are performed in accordance with Exhibit 1. The DISTRICT makes payments via electronic fund transfers through the Automated Clearing House (ACH) network. To initiate payment of invoices, Contractor shall execute the DISTRICT’S standard ACH Vendor Payment Authorization Agreement. Upon verification of the data provided, the ACH Vendor Payment Authorization Agreement will authorize the DISTRICT to deposit payment directly into specified Contractor accounts with specified financial institutions.

b. Payment on Early Termination. Upon termination pursuant to Section 11, payment shall be made as follows:

1. If terminated under Section 9, for the convenience of the DISTRICT, the DISTRICT shall pay Contractor for Services performed prior to the termination date if such Services were performed in accordance with the Contract. The DISTRICT shall not be liable for direct, indirect, or consequential damages. Termination shall not result in a waiver of any other claim the DISTRICT may have against Contractor.

2. If terminated under Section 9, by the Contractor due to a breach by the DISTRICT, then the DISTRICT shall pay the Contractor for Services performed prior to the termination date if such Services were performed in accordance with the Contract.

3. If terminated under Section 10 by the DISTRICT due to a breach by the Contractor, then the DISTRICT shall pay the Contractor for Services performed prior to the termination date provided such Services were performed in accordance with the Contract less any setoff to which the DISTRICT is entitled.

13.Project Funding. This Agreement is not currently using grant funding. If the DISTRICT acquires grant funding the DISTRICT may use the funds to pay for any portion of this Agreement. General grant terms and conditions are included as Exhibit 6.

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14. Nondiscrimination (Required by ORS 279A.110). Contractor may not discriminate against a disadvantaged business enterprise, a minority-owned or women-owned business, an emerging small business certified under ORS 200.055, or a business that is owned by a service-disabled veteran. Additionally, Contractor must comply with all applicable requirements of federal and state civil-rights law and rehabilitation statutes and must not discriminate based on race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, source of income, or political affiliation in programs, activities, services, benefits, or employment.

15. Tax-Compliance Warranty (Required by ORS 279B.045). Contractor represents and warrants that it has complied with the applicable tax laws of the State of Oregon or a political subdivision of the State of Oregon (collectively, the "Tax Laws"), including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor covenants that it will continue to comply with the Tax Laws during the term of this Agreement. Contractor’s failure to comply with the Tax Laws before the execution of this Agreement or during the term of this Agreement is a default for which DISTRICT may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law.

16. Payment of Laborers (Required by ORS 279B.220). The Contractor shall:

a. Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for under this Agreement;

b. Pay all contributions or amounts due the Industrial Accident Fund by the Contractor or subcontractors, if permitted, incurred in the performance of this Agreement;

c. Not permit any lien or claim to be filed or prosecuted against the DISTRICT on account of any labor or material furnished; and

d. Pay to the Department of Revenue all sums withheld from employees pursuant to

ORS 316.167.

1. If the Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to it by any person in connection with this Agreement as such claim becomes due, the DISTRICT may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of such Agreement.

2. The payment of a claim in this manner shall not relieve the Contractor or the Contractor's surety, if any, from obligation with respect to any unpaid claims.

17. Condition Concerning Salvaging, Recycling, Composting, or Mulching Waste Material (ORS 279B.225). If this Agreement involves lawn or landscape maintenance, the Contractor shall salvage, recycle, compost, or mulch yard waste material at an approved site, if feasible.

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18. Hours of Labor (Required by ORS 279B.020, 279B.235).

a. Contractor shall not employ any person for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279A.055, the laborer shall be paid at least time and a half pay:

1. For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; and

2. For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

3. For work performed on Saturday and on any legal holiday specified in any applicable collective bargaining agreement or ORS 279B.020 (1)(b)(B) to (G).

b. The requirement to pay at least time and a half for all overtime worked in excess of 40 hours in any one week, does not apply to individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. Section 201 to 209 from receiving overtime.

c. Contractor must give notice in writing to its employees who perform work under this Agreement, at the time of hire, before commencement of work under this Agreement, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees might be required to work.

d. Contractor must comply with ORS 652.220 (addressing the prohibition of discriminatory wage rates based on sex and of employer discrimination against an employee who is a complainant). Compliance is a material element of this Agreement. Failure to comply is a breach that entitles DISTRICT to terminate this Agreement for cause. Additionally, Contractor may not prohibit any of Contractor’s employees from discussing the employee’s wage, salary, benefits, or other compensation with another employee or another person, and Contractor may not retaliate against an employee who does so.

19. Payment for Medical Care and Workers' Compensation (Required by 279B.230).

a. Contractor shall promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

b. All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. Workers' Compensation Exemption Form must be completed if the Contractor is exempt from this requirement.

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20. Non-Appropriation/Adequate Funding.

a. If payment for the Services under this Agreement extends into the DISTRICT’s next fiscal year, DISTRICT’s obligation to pay for such Services is subject to approval of future appropriations to fund this Agreement by the DISTRICT’s Board of Supervisors or Directors.

b. Continuation of this Agreement, at specified levels, is conditioned on adequate funding under the DISTRICT’s budget adopted in June of each year. The DISTRICT reserves the right to adjust the level of the Services in accordance with funding levels adopted.

21. Remedies. In the event of breach of this Agreement, the parties shall have the following remedies in addition to the remedies set forth in Sections 10 and 11:

a. If this Agreement is terminated under Section 10(c) or 10(d) by the DISTRICT due to a breach by the Contractor, DISTRICT may complete the Services either by itself, by agreement with another contractor, or by a combination thereof. If the cost of completing the Services exceeds the remaining unpaid balance of the total compensation provided under this Agreement, then the Contractor shall pay to the DISTRICT the amount of the reasonable excess..

b. In addition to the remedies in this Section 19, in Section 10, and in Section 11 for a breach by the Contractor, the DISTRICT also shall be entitled to any other equitable and legal remedies that are available.

c. If the DISTRICT breaches this Agreement, Contractor’s remedy shall be limited to termination of this Agreement, and receipt of payments to which the Contractor is entitled for Services performed under this Agreement.

22. Printing, Binding, and Stationery Work (ORS 282.210). If this Agreement relates to printing, binding, or stationery work, that work must be performed in the state of Oregon, unless subject to an exception under ORS 282.210(2).

23. Payment of Prevailing Wages (Required by ORS 279C.800 to 279C.870). To the extent that this Agreement is subject to payment of prevailing wages, the following provisions apply:

a. This Agreement is subject to payment of prevailing wages under ORS 279C.800 to 279C.870.

Each worker that Contractor, any subcontractor, or other person who is party to the contract uses in performing all or part of the Agreement must be paid not less than the applicable prevailing rate of wage for each trade or occupation as defined by the Director of the State of Oregon Bureau of Labor and Industries (“BOLI”) in the applicable publication entitled Definitions of Covered Occupations for Public Works Contracts in Oregon. The latest prevailing wage rates for public works contracts in Oregon can be reviewed electronically at https://www.oregon.gov/boli/employers/Pages/prevailing-wage-rates.aspx and are hereby incorporated as part of the Contract Documents.

b. This Agreement may also be subject to payment of prevailing wages under the federal Davis- Bacon Act (40 U.S.C. 3141 et seq.). Notwithstanding subsection (a) of this section, if this Agreement is subject to payment of prevailing wages under the Davis-Bacon Act, Contractor and any subcontractors must pay the higher of the federal prevailing wage rate or the state prevailing

Rev 5/6/2025 -8-wage. The latest state prevailing wages can be reviewed as set forth in subsection (a) of this section. The latest federal prevailing wage rates can be reviewed electronically at http://www.wdol.gov/Index.aspx (Search for Oregon, the applicable county, Building Construction Type) and are hereby incorporated by reference as part of the Contract Documents.

Contractors shall follow all prevailing wage rules including posting the Davis-Bacon Poster at the worksite and submitting certified payroll records. The poster is available at https://www.dol.gov/agencies/whd/posters/dbra. The payroll form is at http://www.dol.gov/whd/forms/wh347instr.htm.

c. DISTRICT shall pay a fee to the Commissioner of the Oregon BOLI as provided in ORS 279C.825. The fee shall be paid to the Commissioner under the administrative rule of the Commissioner.

d. Contractor and any subcontractors shall post the prevailing wage rates in a conspicuous and accessible place in or about the project.

e. If Contractor or any subcontractor also provides for or contributes to a health and welfare plan or a pension plan, or both, for its employees on the Project, it shall post notice describing such plans in a conspicuous and accessible place in or about the Project. The notice shall contain information on how and where to make claims and where to obtain further information.

f. Contractor shall file a public works bond with the Construction Contractors Board pursuant to ORS 279C.836 before commencing any Services, unless exempt under ORS 279C.836(2), (7), or (8).

g. Contractor shall include in every subcontract a provision requiring the subcontractor to file a public works bond with the Construction Contractors Board pursuant to ORS 279C.836 before starting work on the Project, unless exempt under ORS 279C.836(4), (7), (8), or (9).

h. As required under ORS 279C.845, Contractor or Contractor’s surety and every Subcontractor or Subcontractor’s surety shall file with DISTRICT a certified statement on a form provided by BOLI certifying the hourly rate of wage paid each worker employed by Contractor or subcontractor on the work and that no such worker has been paid less than the prevailing rate of wage or wage specified under the Agreement.

i. As required under ORS 279C.845, notwithstanding ORS 279C.555 or 279C570(7), DISTRICT shall retain 25% of all amounts earned by Contractor until Contractor has filed the certified statements as required by ORS 279C.845. In addition, Contractor shall retain 25% of any amount earned by a first-tier subcontractor until such subcontractor has filed the certified statements with DISTRICT. DISTRICT and/or Contractor shall pay any such retained amounts within 14 days after such certified statements are filed.

24. Asbestos Abatement. If this Agreement requires asbestos abatement, Contractor and any subcontractor must possess an asbestos abatement license, as required under ORS 468A.710.

25. Hazardous Chemicals. Contractor shall notify the DISTRICT prior to using products containing hazardous chemicals to which DISTRICT’s employees, board members, or guests may be exposed. Products containing hazardous chemicals are those products as defined in

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OAR Chapter 437. Upon request by the DISTRICT, Contractor shall immediately provide Materials Safety Data Sheets.

26. Errors. The Contractor shall perform such additional work as may be necessary to correct errors in the Services required under this Agreement…