Clackamas River · PDF filequalification of proposer is not required. All proposers are required to comply with the ... Receivable and Cash Receipts, Records Management, Payroll,

Request for Proposals

For Professional Auditing Services

for Clackamas River Water

April 2017

LEGAL ADVERTISEMENT

Clackamas River Water

REQUEST FOR PROPOSALS

QUALIFICATIONS BASED SELECTION

Professional Auditing Services

Clackamas River Water (“CRW” or District”) is seeking sealed Statement of Qualifications

(SOQ) from qualified Certified Public Accounting firms for auditing services. The Agency

is seeking proposals for the audit of its Comprehensive Annual Financial Report (CAFR)

from qualified certified public accounting firms. Proposers are invited to submit an SOQ

outlining their experience and qualifications in performing work directly related to the

services required.

Sealed SOQs will be received until 2:00 p.m. on May 5, 2017, at the Clackamas River Water

Administrative offices, 16770 SE 82nd Drive, Clackamas OR 97015, Attention: Karin

Holzgang, Contracts Coordinator. There will be no formal opening of SOQs. Facsimile

SOQs will not be accepted. SOQs will not be accepted after the stated opening date and

time. Late SOQs will be returned to the proposer unopened.

Solicitation packets may be downloaded from http://www.crwater.com/contracting-

opportunities/

RFP

Proposers are required to certify non-discrimination in employment practices in accordance

with ORS 279A.110 (4), and identify resident status as defined in ORS 279A.120 (1). Pre-

qualification of proposer is not required. All proposers are required to comply with the

provisions of Oregon Revised Statutes and the District's Local Contract Review Board

Rules.

The District reserves the right (1) to reject any or all SOQ not in compliance with public

bidding procedures, 2) to postpone award of the contract for a period not to exceed ninety

(90) days from date of SOQ opening, (3) to waive informalities in the SOQs, and (4) to

select the SOQ which appears to be in the best interest of the District.

PUBLISHED: Daily Journal of Commerce

DATES: April 19 and April 21, 2017

http://www.crwater.com/contracting-opportunities/

http://www.crwater.com/contracting-opportunities/

Audit Services RFP for FY2017 Page 2 of 29

Table of Contents

1. Background Information Page 3

2. General Request for Proposal Information Page 4

3. Scope of Auditor Services Page 6

4. Proposal Requirements Page 9

5. Attachments

a. Not to Exceed Price for Proposed Service Schedule Page 12

b. Request for Qualifications Page 13

c. Professional Services Contract Page 15


CLACKAMAS RIVER WATER REQUEST for PROPOSALS

For AUDITING SERVICES

1. Background on Clackamas River Water

a) General Information about the District

CRW operates as a domestic water supply district under the provisions of ORS 264. The

district was incorporated as a municipal corporation in 1995 through the consolidation of

Clackamas Water District and Clairmont Water District. The governance of the district is

vested in a Board of Commissioners. The Board is composed of five elected members.

The General Manager is appointed by the Board and is responsible for all district

functions. The Chief Financial Officer maintains all financial records.

The district provides domestic water service to approximately 12,250 residential

customers and one wholesale customer. All customers are billed every other month with

the wholesale customer billed monthly. The district has no potential or actual

component units. The district employs 40 full-time employees under the direction of the

General Manager.

The total budget for Clackamas River Water’s for BN 2015-2017 is approximately $40.4

million including fund balances and transfers. Water sales revenue for the year ended

June 30, 2016 were $10.9 million. CRW’s current accounting structure consists of nine

funds: General Fund, CRWSC Activity Fund, CIP Fund, CIP Bond Construction Fund,

CRW Reserve Fund, Rate Stabilization Reserve Fund, SDC Reserve Fund, Revenue

Bond Proceeds Fund, and Revenue Bond Fund. The General Fund is the primary fund

used to account for district revenue and operational expenditures. The FY 2015-17

General Fund budget is approximately $24.6 million including fund balance and

transfers.

CRW’s credit rating was recently upgraded to AA- by Standard and Poor’s, an

independent rating firm.

b) Staffing/Operations

The District’s Finance, Accounting, Customer Service Department (FACS) is

responsible for Utility Billing, Accounts Payable and Disbursements, Accounts

Receivable and Cash Receipts, Records Management, Payroll, Investments, Financial

Budgeting and Financial Reporting. FACS consists of the Chief Financial Officer, three

Senior Finance and Accounting Specialist, three Customer Service Specialist, and an

Administrative Coordinator/Records Management.

c) Accounting Records

The District utilized Tyler Technologies Eden Inforum Gold software. The Eden

Inforum Gold modules used by the District include Utility Billing, Miscellaneous

Account Receivable, Account Payable, General Ledger, Budget Preparation, Project

Accounting, Fixed Assets, Purchasing/Requisitions, and Parcel Manager. Payroll is

contracted with a third party vendor (ADP) for time reporting, payroll processing, and


payroll tax filings. The financial system uses both online real-time entry and batch

processing. The District’s in-house Information Technology personnel is responsible for

system security, backups and installing vendor up-grades.

d) Government Finance Officers Association (GFOA) Awards

Clackamas River Water recently received the following awards from Government

Finance Officer Association (GFOA)

Budget: GFOA has awarded the Distinguished Budget Presentation Award to

Clackamas River Water for the third consecutive budget document ending with the

2015-2017 Biennium Budget.

Audit: GFOA has awarded the Certificate of Achievement for Excellence in

Financial Reporting to Clackamas River Water for the year ending June 30, 2015,

Note: Clackamas River Water anticipates that it will continue to submit its Comprehensive Annual

Financial Report (CAFR) to the GFOA for the Certificate of Achievement for Excellence in Financial

Reporting. The format of audit reports must allow the District to meet the requirement of that program.

This also requires that the Auditor ensure that the audit reports and financial statements are completed in

time for this submission.

2. General Request For Proposal Information

a) General Description

Clackamas River Water (CRW), a domestic water supply district, is seeking proposals

for the audit of its Comprehensive Annual Financial Report (CAFR) from qualified

certified public accounting firms. A complete description of services to be provided is

described under section 3. The first reporting period to be audited is July 1, 2016

through June 30, 2017, extending through the next four subsequent fiscal years.

b) CRW’s Points of Contact

Questions, inquiries, or comments regarding this Request of Proposal (RFP), CRW’s

accounting system, finance staff, or financial process should be directed:

Karin Holzgang

Contracts Coordinator

Email [email protected]

Phone number: 503-722-9240

Note: Additional information, the prior year’s Comprehensive Annual Financial Report

and Budget documents are accessible on CRW’s website at

http://www.crwater.com/about-us/departments/finance/.

c) Responding to the Audit RFP

Four copies of your proposals, in a sealed envelope marked on the outside with “Audit

RFP”, must be delivered by 2 p.m., Monday May 5, 2017.

Proposals may be emailed to [email protected] (in Adobe or MS Word).

mailto:[email protected]

http://www.crwater.com/about-us/departments/finance/

mailto:[email protected]


Mailed to:


PO Box 2439

Clackamas, OR 97015

Delivery/messengered to:


16770 SE 82nd Drive

Clackamas, OR 97015

No faxed materials will be accepted. Postmarks are not considered proof of delivery.

Emailed proposed shall not be deemed received until a confirmation email sent by CRW

is received in reply to the submitted proposed, confirming the emailed proposed was

received and the format was readable by CRW. Proposals received after the specified

time and date cannot be considered.

The proposal should address, at a minimum, the information requested in Proposal

Requirements (section 4) subsection Minimum Content of Responses.

Any amendments to this RFP will be in writing and will be issued to all persons or

businesses that have indicated an interest to receive RFP amendments. No proposal will

be considered that is not responsive to any issued amendments.

d) Tentative Schedule for Selection Process

Proposal due

Interviews if Necessary

Contract Negotiations

Board Approval

May 5, 2017 (2:00 p.m.)

May 15-May 17, 2017

May 18- May 30, 2017

June 8, 2017 or earlier

Note: this is a tentative schedule and is provided as a courtesy to potential proposers. The

actual schedule may vary from that provided without notice to potential proposers. Any

changes made to the closing date of the RFP will be made in the form of an addendum and

mailed to all potential proposers who have received RFP documents.

e) Proposal Evaluation

CRW intends to select the most qualified certified public accounting firm that exhibits the

strongest ability to provide the highest quality service, based upon the following criteria:

Firm’s understanding of the engagement and the District’s needs.

Firm’s local municipal audit expertise/experience including references from

similar engagements.

Qualifications and experience of individuals to be assigned to the CRW

engagement including resources available for the timely completion of the audit

and scheduling of work. .

Ability to provide a comprehensive range of auditing and financial services.

Cost of services.

The selection team shall be the CFO, General Manager, and Sr. Finance & Accounting

Specialist.


f) Contract Duration

The selected certified public accounting firm shall be designated as CRW’s auditor for the

fiscal years ended June 30, 2017 2018 and 2019. The contract will contain two optional

annual renewals. Either party may cancel the contract by written notice delivered prior to

December 31 of that fiscal year. CRW reserved the right to extend the contract beyond the

original period, negotiating each year separately as to price and work performed.

g) Acceptance or Rejection and Negotiation of Proposals

CRW reserved the right to reject any or all proposals, to waive any irregularities in the

request for proposal, to accept or reject any item or combination of items in a proposal, to

request additional information or clarifications from respondents, and to negotiate or hold

interviews with any one or more of the respondents. By requesting proposals, CRW is in no

way obligated to award a contract or to pay the expenses of the proposing firms in

connections with the preparation or submission of a proposal. Furthermore, CRW reserves

the right to reject any and all proposals prior to the execution of a contract, with no penalty

to CRW.

3. Scope of Auditor Services

a) General

CRW is requesting proposals from qualified certified public accounting firms, duly

authorized to practice as such by the State of Oregon, to audit CRW’s Comprehensive

Annual Financial Report commencing with the fiscal year ending June 30, 2017,

extending through the next four subsequent fiscal year’s these audits are to be performed

in accordance with the provision contained in this request for proposal.

CRW desires the auditor to express an opinion on the fair presentation of CRW basic

financial statements as a whole, in conformity with generally accepted accounting

principles (GAAP). The auditor shall also be responsible for performing certain limited

procedures involving required supplementary information required by the Governmental

Accounting Standards Boards (GASB), as mandated by generally accepted auditing

standards (GAAS).

The selected auditor shall submit for management’s review, a draft of all reports. The

final reports are subject to review by CRW’s Chief Financial Officer. The selected

auditor shall incorporate, as part of the basic proposal, meeting time with the General

Manager and Chief Financial Officer for the purpose of discussing the audit,

management letter and conclusions.

b) Basic Reports to be Issued

Following the completion of the audit the fiscal year’s Comprehensive Annual Financial

Report, the auditor shall issue the following:

Independent Auditor’s Report for CRW

o Report on the fair presentation of the financial statements in conformity with

generally accepted accounting principles based upon the audit of the basic

financial statements CRW. The other supplementary information listed in the


Table of Contents of CRW’s CAFR, including additional budgetary

comparison schedules, are not a required part of the basic financial statement.

However, the auditor is to provide an “in-relation-to” report on the individual

fund financial statements and supporting schedules. The information

presented shall be based on the auditing procedures applied during the audit

of the basic financial statements.

SAS 114 and Management Letters

o SAS 144 Letter: Report summarizing certain matters required by

professional standards to be communicated to CRW’s General Manger and

Chief Financial Officer to assist in the oversight responsibility for CRW’s

financial reporting process.

o Management Letter: Finding, statements, observations, opinions, comments

and recommendations related to

CRW’s system of internal control based upon the auditors’

understanding of the control structure and assessment of control risk.

CRW’s compliance with applicable laws, rules and regulations

CRW’s accounting system, functions, procedures, and processes,

especially with regard to cost effectiveness.

Audit Comments and Disclosures required by State Regulation

o As required by the Minimum Standards for Audits of Oregon Municipal

Corporations (Oregon Administrative Rules 162-10-50 through 162-10-320).

c) Additional Reports to be Issued Dependent on Applicability

Due to the fluctuation in receipt and expenditure of federal grant funds, the need for

some reports is based upon whether CRW meets the audit threshold (over $500,000 in

expended grant funds) for performance of a Single Audit under OMB Circular A-133.

Such reports are as follows:

Independent Auditor’s Reports on internal control over financial reporting and on

compliance and other matters based on an audit of financial statements

performed in accordance with government auditing standards

o Report identifying any deficiencies in internal control over financial

reporting that are considered to be significant deficiencies including

control deficiencies, significant deficiencies and material weaknesses as

defined by Statement on Auditing Standards No. 112.

Independent Auditor’s Report on compliance with requirements applicable to

each major program and internal control over Compliance in Accordance with

OMB Circular A-133

o Report on compliance with requirements described in the U.S. Office of

Management and Budget (OMB) Circular A-133, Compliance

Supplement applicable to each of CRW’s major federal programs.

Schedule of findings and questioned costs

o Report of findings and questioned costs related to CRW’s financial

statements as well as costs and compliance for federal awards programs.


Note: the last Single Audit was required for the year ended June 30, 2010. Currently CRW will not

require a Single Audit for the year ending June 30, 2017. It is possible CRW will received federal

funding in the future that will meeting this requirement.

d) Supplemental Reports / Studies

Reports on other audit or agreed-upon procedures may be agreed to in writing as stated

in a supplemental audit agreement. Prior to beginning work, the scope of the study and

associated costs shall be approved by CRW.

e) Standards to be Followed

To meet the requirements of this request for proposal, these audits are to be performed in

accordance with all applicable standards including, but not limited to, applicable

standards set forth for financial audits by the Governmental Accounting Standards Board

(GASB), applicable standards set forth for financial audits by the Financial Accounting

Standards Board (FASB) prior to November 30, 1989, generally accepted auditing

standards (GAAS) as promulgated by the American Institute of Certified Public

Accountants (AICPA), Government Auditing Standards (GAS), as promulgated by the

Government Accountability Office (GAO) (if applicable), and requirements prescribed

in the U.S. Office of Management and Budget (OMB) Circular A-133, Compliance

Supplement (if applicable).

In additional, all aspects of the engagement shall be performed in accordance with the

highest professional standards and comply with all applicable federal, state and local

laws.

f) Board Meetings

The auditors assigned to CRW’s engagement is requested to be present at any CRW

Board of Commissioners meeting when matters regarding the audit or related reports are

discussed, including the acceptance of the Comprehensive Annual Financial each fall.

g) Special Considerations

The firm receiving the contract for audit services shall procure and maintain, for the

duration of the contract, insurance as required in CRW’s standard services contract (see

attached). The firm must provide CRW with a Certificate of Insurance.

h) Working Paper Retention and Access to Working Papers

All working papers and reports must be retained, at the auditor’s expense, for a

minimum of seven (7) year following completion of the audit, unless the firm is notified

in writing by CRW of the need to extend the retention period. The auditor will be

required to make working papers available, upon request, to the following parties or their

designees:

CRW

Parties designated by the federal or state governments or by CRW as part of an

audit quality review process

Oregon Secretary of State, Audits Division

In addition, the firm shall respond to the inquiries of successor auditors and allow

successor auditors to review working papers related to matters of accounting

significance and internal control.


i) Public Record

Reports covering examinations of financial statements and management letters will be a

matter of public record. The audited financial statements may appear in all official

statements or other documents pertaining to the sale of CRW Bonds.

j) Assistance to be Provided by CRW

CRW staff will prepare the final closing of the books and reconciliation of all bank

accounts. CRW will provide the auditors with a trial balance by fund and all of the

accounting detail necessary to perform the audit.

CRW staff will prepare all work papers requested by the auditor prior to the start of

the interim and /or final fieldwork.

CRW staff will generate the necessary confirmation letters based on templates

provided by the auditors.

CRW will prepare the draft CAFR and all related schedules and statements

deliverable to the auditor during the final fieldwork. CRW staff will also incorporate

any agreed upon edits to the draft CAFR to arrive at the final CAFR.

CRW staff will be available during the audit to assist in providing information,

documentation, and explanations as needed as well as access to the computer system

to view records and print reports. All requests will be first directed to the Chief

Financial Officer or designee.

CRW will provide the auditor with reasonable workspace including access to the

internet, a telephone line, photocopier, and fax machine.

The Chief Financial Officer and General Manager will provide the auditor with a

signed Representation Letter at the conclusion of the audit.

4. Proposal Requirements (maximum of 20 pages) a. Minimum Content of Responses

A title page showing the firm’s name, date of proposal, point of contact(s),

business address, telephone numbers, and email addresses.

A signed letter of transmittal briefly stating that the firm submitting the proposal

is properly licensed to perform such audits in the State of Oregon (including all

of the assigned professional staff to the engagement), agrees to perform all of the

work outlined in CRW’s RFP within the time periods established by CRW, is

independent of CRW and understands that the firm’s proposal is a firm and

irrevocable offer through the June 30, 2017 audit period. The letter must also

contain a certification that the person signing the proposal is entitled to represent

the audit firm, empowered to submit the bid, and authorized to sign a contract

with CRW of behalf of the audit firm.

Describe the audit firm’s experience and knowledge in performing audits of

similar organizations. Score: 25

o Attach to the proposal one sample of your last municipal audit report

issued in the State of Oregon that was similar and comparable in

services to that of CRW.

o Attach to the proposal two (2) samples of management letters that you

have recently issued covering an audit of an Oregon local

government.


o Describe the audit firm’s experience and knowledge in performing

audits in accordance with the provisions of the Single Audit Act, as

amended by OMB Circular A-133. Attach two recent examples of

your work in this area to your proposal.

Identify all key personnel who will be assigned to work on this project including

names, CPA license numbers, and Oregon Municipal Audit Roster numbers.

Include a brief summary of their background and experience in auditing similar

districts as well as their roles and assigned responsibilities in the proposal.

Score: 30

List five (5) of the firm’s current municipal auditing engagement clients in

Oregon and three (3) non-current engagements served within the last three (3)

years and respective contact information for reference purposes. Contract

information should include the name of the public agency, name and title of the

contact person, telephone number, and email address. Score: 15

o The report on the audit firm’s most recent external quality review, any

findings discovered as part of that review and actions taken to correct

those findings. The audit firm must also disclose information on the

circumstances and status of any disciplinary action taken or pending

against the audit firm during the past three (3) years with state

regulatory bodies or professional organizations, as well as any

pending or settled litigation with the past three (3) years.

Describe the audit firm’s audit approach and methodology to be used to perform

audit services. Discussion items may include approach to determining laws and

regulations subject to audit test work, approach to evaluating CRW’s internal

control structure, approach to selecting audit procedures including analytical

procedures, and identification of any anticipated problems. Score: 15

o Explain how you propose to use CRW personnel, if at all, to assist

you during the audit and indicate the approximate time required of

CRW personnel in this capacity.

o Provide a schedule (calendar) indicating proposed timing of interim

fieldwork, final fieldwork and firm deliverable to CRW to ensure

submission of the final CAFR to GFOA by December 31st of each

fiscal year.

Any assumptions regarding turnaround time for CRW staff

and CRW Board of Commissioners should be clearly noted.

Provide expected hours required for the year ended June 30,

2017 audit on the Not to Exceed Price for Proposed Services

Schedule (Attachment A).

Attached an additional schedule identifying expected hours

required by your firm for the subsequent fiscal years ending

June 30, 2018 through 2021. Note: for CRW’s fiscal year ended June 30, 2016 audit interim audit field work was included with

the final audit fieldwork which lasted four (4) business days.


Provide fee information on the Not to Exceed Price for Proposed Services

Schedule (Attachment A) for the completion of the projects described in the

Scope of Auditor Services (section 3) for the fiscal year ending June 30, 2017

through June 30, 2021. – Score: 15

o Describe the firm’s policy on other charges including special requests

and special reports of broadening the scope of the engagement.

o List the audit firm’s billing rates for all other applicable professional

services for CRW reference as CRW may request additional services

which are outside of personal services audit contract.

5. Attachments

Attachment A: Proposed Fee Schedule template

Attachment B: Proposer Representations and Certifications

Attachment C: Professional Engineering Services Agreement


ATTACHMENT A

Not to Exceed Price for Proposed Service Schedule

In accordance with the Request for Proposal for professional auditing services issued by

Clackamas River Water, Oregon, the firm referenced below hereby submits the following

hourly fee quotation and hours proposed for all positions to be assigned to the audit:

F/S Audit Single Audit

Key Personnel Hours Hours Total Hours Hourly Rate Total

Engagement Partners

Engagement Manager

Engagement Senior

Engagement Staff

Clerical/Support Staff

Other

Fiscal Year Ended June 30, 2017

In accordance with the Request for Proposal for professional auditing services issued by

Clackamas River Water, Oregon, the firm referenced below hereby submits the following

hourly fee quotation and hours proposed for all positions to be assigned to the audit:

2017 2018 2019 2020 2021

Finanical Statement Audit:

Single Audit:

Costs of Supplies & Materials:

Additional Fees (if applicable)*

Total

Fiscal Years Ending June 30th,

*Clackamas River Water expect to received technical assistance, as needed from the audit

firm throughout the fiscal year that may include inquiries regarding accounting, reporting,

and internal control issues. If fees related to this technical assistance are not included in

the firm’s financial statement audit fee, please include them here.

I hereby certify that the undersigned is authorized to represent the firm stated below, and

empowered to submit this bid, and if selected, authorized to sign a contract with Clackamas

River Water, for the services identified in the Request for Proposal.

Firm Name: __________________________________________

Signature: __________________________________________

Printed Name: __________________________________________

Title: __________________________________________

Date: __________________________________________


ATTACHMENT B

CLACKAMAS RIVER WATER

CLACKAMAS COUNTY, OREGON

REQUEST FOR PROPOSALS

PROFESSIONAL AUDITING SERVICES

PROPOSER REPRESENTATIONS AND CERTIFICATIONS

The undersigned hereby certifies that Proposer:

1. Has the authority and/or responsibility to submit a proposal and to represent the organization in all phases

of this RFP process.

2. The information is true and accurate to the best of their knowledge.

3. Shall furnish, within the time specified, the items/services as indicated in the RFP, Resultant Contract and

the Proposers Submittal.

4. Is a □ Resident Proposer, □ Non-Resident Proposer, as defined in ORS 279A.120, of the State of Oregon,

and has not discriminated against any minority, women, or emerging small business enterprises in

obtaining any required subcontracts, in accordance with ORS 279A.110.

ORS 279A.120 (2) states "For the purposes of awarding a public contract, a contracting agency shall:

(a) Give preference to goods or services that have been manufactured or produced in this state if

price, fitness, availability and quality are otherwise equal; and

(b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the

preference given to the bidder in the state in which the bidder resides.”

"Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state

during the 12 calendar months immediately preceding submission of the bid, has a business address in

this state and has stated in the bid whether the bidder is a "resident bidder". (ORS 279A.120 (b)).

"Non-resident bidder" means a bidder who is not a "resident bidder" as defined above. (ORS

279A.120 (a))

5. Understands any false statement may disqualify this proposal from further consideration or be cause for

contract termination.

6. Understands by submitting this RFQ Proposal, the undersigned certifies conformance to the applicable

Federal Acts, Executive Orders and Oregon Statutes and Regulations concerning Affirmative Action

toward equal employment opportunities. All information and reports required by the Federal or Oregon

State Governments, having responsibility for the enforcement of such laws, shall be supplied to the

District upon request for purposes of investigation to ascertain compliance with such acts, regulations, and

orders.

7. (a) Will not discriminate on the basis of age, disability, national origin, race, marital status, religion or

gender, (b) in obtaining any required subcontracts, has not discriminated and will not discriminate against

minority, women, emerging small business enterprises or business enterprises that are owned or controlled

by or that employ a disabled veteran, and (c) is not in violation of any discrimination laws.

8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS – The Proposer certifies to the best of its knowledge and belief that

neither it nor any of its principals: a. Are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily

excluded from submitting bids or proposals by any federal, state or local entity, department or

agency; Have within a five-year period preceding the date of this certification been convicted


of fraud or any other criminal offense in connection with obtaining, attempting to obtain, or

performing a public (federal, state, or local) contract, embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements, or receiving stolen property;

b. Are presently indicted for or otherwise criminally charged with commission of any of the

offenses enumerated in paragraph 2. of this certification;

c. Have, within a five-year period preceding the date of this certification had a judgement entered

against proposer or its principals arising out of the performance of a public or private contract;

d. Have pending in any state or federal court any litigation in which there is a claim against

proposer or any of its principals arising out of the performance of a public or private contract;

and

e. Have within a five-year period preceding the date of this certification had one or more public

contracts (federal, state, or local) terminated for any reason related to contract performance.

Where Proposer is unable to certify to any of the statements in this certification, Proposer shall attach

an explanation to their offer. The inability to certify to all of the statements shall not necessarily

preclude Proposer from award of a contract under this procurement.

9. Acknowledges Receipt of Addenda No's.________________through________________inclusive.

PROPOSERS EMPLOYERS FEDERAL TAX IDENTIFICATION NUMBER (EIN)_________________OR

SOCIAL SECURITY IDENTIFICATION NUMBER____________________________________________

FAILURE TO SIGN AND SUBMIT THIS FORM MAY BE CAUSE FOR PROPOSAL REJECTION

Date______________________________________

Signature_________________________________

Name___________________________

(Please Print)

Company Name____________________________

Street Address_____________________________

City_____________________State____Zip______

Phone___________________Fax______________

E-Mail___________________________


Attachment C

CLACKAMAS RIVER WATER

PROFESSIONAL SERVICES CONTRACT

WITH

INSERT NAME HERE

This contract is by and between Clackamas River Water, a domestic water supply district organized under ORS 264 ("CRW") and _________________________. ("Consultant"). 1. Term

Unless terminated sooner under the provisions of this contract, the term of this contract shall be for a period from the effective date (as identified below) until __________ or such other time as may be approved by CRW in a written modification

2. Contract Provisions

Except as specifically excluded by the terms of this Agreement, every provision of the documents or exhibits identified below is incorporated in this contract by reference. Any conflict between or among any of the documents listed below shall be resolved in accordance with the order of precedence set forth below.

A. Written contract modifications executed by the parties after execution of this

contract.

B. This contract form.

C. General Provisions as set forth in Exhibit A of this contract.

D. Special Provisions as set forth in Exhibit B of this contract E. Vendor Price sheet Exhibit C of this contract

F. The Scope of Services is as described in but not limited to CRW’s Request

for Qualifications. All work performed by consultant will be described in the scope of each task order issued by CRW.

3. Scope of Services

Consultant shall perform the tasks identified in the Scope of Services set forth in Exhibit C – INSERT TASK NAME or other services as directed by CRW’s General Manager.


4. Notice to Proceed

The Consultant shall not proceed with any work required under this contract without a written Notice to Proceed from CRW's contract representative. Any work performed or expenses incurred by the Consultant prior to the Consultant’s receipt of Notice to Proceed shall be entirely at the Consultant’s risk.

5. Compensation

The compensation paid under this contract for the Scope of Services described in Exhibit C, excluding compensation related to any subsequent modification of this contract, is "not-to-exceed" $XXXXXX.

6. Certificate of Compliance with Oregon Tax Laws

By executing this contract, Consultant certifies under penalty of perjury, that Consultant is, to the best of Consultant’s knowledge, not in violation of any Oregon tax law imposed by ORS Chapters 118, 119, 314, 316, 317, 318, 320, 321 and 323 and sections 10 to 20 Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the Homeowners and Renters Property Tax Relief Program under ORS 310.630 to 310.690; and, local taxes administered by the Oregon Department of Revenue under ORS 305.620.

7. Certificate of Non-Discrimination

Consultant, by executing this contract, hereby certifies that Consultant, in the course of negotiating subcontracts for performance of this contract, has not and will not during the performance of this contract, discriminate against a subconsultant in the awarding of a subcontract because the subconsultant is a minority, women or emerging small business enterprise certified under ORS 200.055.

8. Project Manager/Contract Representative

The Consultant’s designated project manager shall be INSERT NAME. The Consultant’s project manager shall be the Consultant’s representative for the administration of the contract and the supervision and quality control of the work. The project manager shall also be responsible for reporting on all applicable contract performance issues under the contract, including but not limited to minority or woman-owned matters, if applicable. In all matters relating to the performance of the work and payment therefore, and in all situations involving actual recommended or proposed changes, CRW shall accept commitments and instructions of the Consultant only from the project manager or a duly authorized representative of the project manager so designated in writing. The Consultant shall not change the project manager without the prior written approval of CRW, which approval will not be unreasonably withheld or delayed. CRW’s representative (“contract representative”) for this contract shall be the Carol Bryck, Chief Financial Officer, who shall be responsible for day to day communications with the Consultant. CRW may change the contract representative at any time by written notice to Consultant.


9. Effective Date.

This contract shall be effective as of _____________, 2017 (“Effective Date”). CONSULTANT NAME CLACKAMAS RIVER WATER

By: By: ______________________ (signature) (signature)

Name: Name: Todd Heidgerken

Title: Title: General Manager

Address: ___________________

___________________ ___________________

Tax Payor ID No. ___________________


EXHIBIT A

GENERAL PROVISIONS

A.1 Consultant’s Status and General Responsibilities

A. Consultant is an independent Consultant for all purposes and is entitled to no compensation from CRW other than that provided by this contract. Consultant shall inform CRW of Consultant’s Federal Internal Revenue Service Employer Identification Number, or, if Consultant is an individual with no employer identification number, Consultant’s Social Security Number. The Consultant is not an officer, employee or agent of CRW as those terms are used in ORS 30.265. Neither are the consultant’s officers, employees, or agents of CRW as those terms are used in ORS 30.265. The Consultant, its employees or officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of CRW for any purpose whatsoever, nor are they authorized to do so.

B. Consultant shall perform its services under this Agreement in accordance with usual and customary professional care and with generally accepted engineering practices in effect at the time the services are rendered. The Consultant makes no representation, warranty, or guarantee, express or implied, as to its findings, recommendations, plans, specifications, drawings, or professional judgment or advice other than the representation contained in this Paragraph. C. Consultant shall provide and pay for all labor, materials, equipment, utilities, and other goods or services necessary for full contract performance unless this contract specifically provides otherwise. Consultant shall supervise and direct contract performance, and shall be responsible for selecting the means of contract performance. If, during or after the term of this contract, Consultant learns of any actual or potential defect in the goods or services provided under this contract, of any problem associated with the results of contract performance, or of any nonconformance with a provision of this contract or of Federal, state, or local law, Consultant shall inform CRW immediately in writing with a full description of the defect, problem, or nonconformance.

A.2 Notices and Communications All notices and other communications concerning this contract shall be written in English and shall bear the number assigned to this contract by CRW. Notices and other communications may be delivered personally, by telegram, or by regular, certified or registered mail. A notice to CRW will be effective only if it is delivered to that person designated in writing in either a) the Notice of Award of this contract, b) the Notice to Proceed under this contract, or c) to another individual specifically designated by this contract. A notice to the Consultant shall be effective if it is delivered to the individual who signed this contract on behalf of Consultant at the address shown with that signature, to a corporate officer if Consultant is a corporation, to a general partner if Consultant is a partnership, or to another individual designated in writing by the Consultant in the contract or in a written notice to CRW.


A.3 Assignment and Subcontracting Consultant shall not assign any of its rights or subcontract any of its responsibilities under this contract without the written consent of CRW. If CRW approves of such subcontract, Consultant shall include in each subcontract any provisions necessary to make all of the provisions of this contract fully effective. Consultant shall provide all necessary plans, specifications, and instructions to its suppliers and subconsultants to enable them to properly perform their work. A.4 Indemnification To the fullest extent permitted by law, Consultant agrees to indemnify, hold harmless and defend CRW, its Commissioners, its directors, officers, and employees from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, to the extent caused by the negligence of consultant, its agents, consultants, sub-consultants, or employees for whom consultant is legally liable from the performance of the work. A.5 Prompt Payment

The prime consultant agrees to pay each subconsultant under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime consultant receives from CRW. The prime consultant agrees further to return retainage payments to each subconsultant within 10 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of CRW. A.6 Compliance with Laws and Regulations Subject to the standards of professional skill and care, Consultant shall adhere to all applicable and non-conflicting federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Contract. To the extent applicable, the Consultant shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS chapter 279A and 279B, which provisions are hereby incorporated by reference. A.7 Liens Prohibited Consultant shall not permit any lien or claim to be filed or prosecuted against CRW on account of any labor or material furnished and Consultant hereby waives any right it may have to filing such a lien. A.8 Prohibited Interests

A. No CRW Commissioner, officer, employee or agent shall have any direct or indirect interest in this contract or its proceeds during, or within one year after, that person’s tenure with CRW, except to the extent such interest is permitted and disclosed as may be required under applicable law and/or CRW policy.

B. No CRW Commissioner, officer, employee, or agent shall solicit or accept, and Consultant shall not offer or give to any CRW Board member, officer, employee or agent, any gratuities, favors, or anything of monetary value, in connection with the administration of this Contract, except to the extent permitted by applicable law and CRW policy.


C. No member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit arising therefrom.

A.9 Integration, Modification, and Administrative Changes This contract includes the entire agreement of the parties and supersedes any prior discussions or agreements regarding the same subject. This contract may only be modified in writing by a document that has been signed by individuals authorized to bind each of the parties contractually. A.10 Severability If a provision of this contract is found by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The parties shall negotiate an equitable adjustment of this contract so that the purposes of this contract are effected. A.11 Waiver and Nonwaiver

A. A waiver by one party of a right to a remedy for breach of this contract by the other party shall not be deemed to waive the right to a remedy for a subsequent breach by the other party. CRW's acceptance of goods or services, or payment under this contract, shall not preclude CRW from recovering against Consultant or Consultant’s surety for damages due to Consultant’s failure to comply with this contract.

B. The parties agree to waive the principle of contract interpretation that an ambiguity will be construed against the party that drafted the ambiguous provision.

A.12 Termination for Default

A. CRW may, by written notice of default to the Consultant, terminate this contract in whole or in part if the Consultant fails to (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress in accordance with the contract schedule or quality of work specified by this contract; or (iii) Perform any of the other provisions of this contract.

B. CRW's right to terminate this contract under subdivisions (A)(ii) and (iii) of this clause, may be exercised if the Consultant does not cure such failure within 10 days (or more if authorized in writing by CRW’s contract representative) after receipt of the notice from CRW’s contract representative specifying the failure.

C. If CRW terminates this contract in whole or in part, it may acquire, under the terms and in the manner CRW’s contract representative considers appropriate, supplies or services similar to those terminated, and the Consultant will be liable to CRW for any excess costs for those supplies or services. However, the Consultant shall continue the work not terminated.

D. Consultant shall be paid the contract price only for completed supplies or services delivered and accepted in accordance with this contract, subject to any applicable off-set CRW to which CRW may be entitled. If it is later determined by CRW that Consultant had an excusable reason for not performing, such as a fire, flood, or other event that is not the fault of, or is beyond the control of, Consultant,


CRW may allow Consultant to continue work, or may treat the termination as a termination for convenience.

A.13 Termination for Convenience CRW’s contract representative, by written notice, may terminate this contract, in whole or in part, when it is in CRW’s interest. If this contract is terminated, the Consultant shall be entitled to compensation for work performed up to the date of termination in accordance with the provisions of this contract. A.14 Intellectual Property Consultant shall hold harmless, defend and indemnify CRW, its Commissioners, its directors, officers, employees and agents from any loss of any kind, based on a claim that the work performed, or products provided hereunder, including material(s) or any part thereof, constitutes negligent infringement of any patent, trademark, trade name, copyright, trade secret, or other intellectual property infringement, including but not limited to claims arising out of the manufacture, sale or use of such work, products or materials. Such indemnification shall include all damages and costs incurred by CRW as the result of the claim, including legal fees. A.15 Ownership of Work and Documents

A. It is understood and agreed that the work products prepared by the Consultant under this Agreement are instruments of professional service intended for one-time use on this project only. The final Comprehensive Annual Financial Report produced by Consultant shall become the property of CRW upon receipt by the Consultant of all professional fees and reimbursements provided for hereunder. All statements, records, schedules, working papers and memoranda (collectively, “working papers”) created by Consultant shall be the property of Consultant. Consultant, upon request and reasonable notice, shall furnish to CRW without charge: (1) a copy of Consultant’s working papers, to the extent that the working papers include or incorporate records that would ordinarily constitute part of CRW’s records and are not otherwise available to CRW; and (2) any accounting or other records belonging to or obtained from or on behalf of CRW that Consultant removed from CRW’s premises or received for CRW’s account.

B. In consideration thereof, CRW shall hold harmless and indemnify the Consultant from and against any and all claims, suits, demands, damages, liabilities, losses, and costs (hereinafter "Losses"), including but not limited to reasonable attorney's fees and other costs of defense, whether attributable to bodily injury, including death, property damage, or economic or other loss, accruing or resulting to any and all persons, firms, or any other legal entity, arising out of or in any way connected with the use of the work products 1) on any project other than the project which is the subject of this Agreement or 2) for modifications to this project not specifically authorized by the Consultant in writing, excepting only those Losses for which the Consultant is found solely liable by a court or forum of competent jurisdiction.

A.16 As-Built Drawings

Upon Final Completion of the Work but prior to final payment by the District, the Consultant shall provide the District with one full set of as-built drawings in the format as directed by the District’s Project Engineer. The format will either be in the form of hand notations on


existing plans and drawings or a full set electronic AUTOCAD file AutoCAD files in 2013 format using the Publish>eTransmit command, which packages the CAD files and their dependencies, for example xref drawings and ctb files, into a zip file each showing as-built conditions with dimensions. A. 17 Paragraph Headings and Other Titles The parties agree that paragraph headings and other titles used in this contract are for convenience only, and are not to be used to interpret this contract. A.18 Audit and Inspection of Records

A. The Consultant agrees to provide CRW, or any of its authorized representatives, access to any books, documents, papers, and records of the Consultant which are related to the performance of the Scope of Services under this contract for the purpose of making audits, examinations, excerpts and transcriptions.

B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed, but may qualify the release of any such information that is trade secret information as “Confidential”.

C. The Consultant agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract.

D. Consultant further agrees to include in all of its subcontracts under this contract a provision to the effect that the subconsultant agrees that CRW, or any of its duly authorized representatives shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and other records of the subconsultant. The term "subcontract" as used in this Paragraph excludes (1) purchase orders not exceeding $10,000.00 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

A.19 Disputes

A. If Consultant and CRW’s contract representative are not able to resolve a dispute involving issues of fact or the amount of compensation due consultant arising from this Contract, either party may, in writing to the other party, request mediation. If the parties cannot agree on a mediator or the process of mediation within 30 calendar days after receipt of a written request for mediation, either party may seek any remedy available at law to resolve the dispute. All costs of mediation shall be borne equally by the parties.

B. Other than requiring the parties to provide notice of requested mediation, nothing in this Section 3.22 shall be deemed to preclude CRW or Consultant from seeking any remedy available under the law.

A.20 Applicable Law and Jurisdiction Oregon law shall govern this contract. Any suit or action arising from this contract shall be commenced and prosecuted in the courts of Multnomah County, Oregon or the U.S. District Court for the District of Oregon, in Portland, Oregon, as applicable. The parties agree to


submit to the jurisdiction and venue of these courts.


EXHIBIT B

SPECIAL PROVISIONS

B.1 Type of Contract This is a time and materials/task order contract. Delivery or performance shall be made only as authorized by in accordance with Sections B.2 and B.3 below, provided that such task orders are within the general Scope of Services described in Exhibit C. Except for any limitations on quantities that may be specified elsewhere in this contract, there is no limit on the number of orders that may be issued.

Any work requested during the effective period of this contract and not completed within that period shall be completed by the consultant within the time specified. The contract shall govern the Consultant’s and CRW's rights and obligations with respect to the order to the same extent as if the order were completed during the contract's effective period. B.2 Ordering Any services to be furnished under this contract shall be ordered by CRW’s contract representative. CRW’s contract representative or his or her authorized representatives are the only individuals with the authority to place orders against this contract.

All work requested is subject to the terms and conditions of this contract. In the event of conflict between work requested and this contract, the contract shall govern. B.3 Task Orders This initial task order for this Agreement is as described in the Consultant’s Scope of Services, Exhibit C. Every other task order will be issued by CRW and describe the portion or entirety of the Scope of Services to be performed under that task order. Upon request by CRW, the Consultant shall submit to CRW a task order proposal with a detailed cost estimate for performing the scope of work. The proposal shall contain, in sufficient detail to bind the parties, Consultant’s understanding of the work and associated work plan. CRW will hold cost and price negotiations with the Consultant as appropriate. Work performed prior to task award (e.g., for task order proposal preparation) is not billable. Any work performed outside the scope of an approved task order or not otherwise authorized by CRW in advance of the work will not be eligible for reimbursement. A task order may not increase the scope, period, or maximum value of the contract. These actions require a contract modification. B.4 Payment

A. Invoicing. CRW shall make payments to the Consultant on a monthly basis as work progresses based on invoices submitted by Consultant, but not more often than once every 30 days. Payment shall be in such amounts determined to be allowable by CRW in accordance with the terms of this contract. For payment of a portion of a stipulated sum contract, Consultant shall invoice once per month the pro rata portion of the total agreed-upon stipulated amount, as determined by negotiated task orders. CRW shall pay the Consultant within thirty (30) days from the date an invoice is approved by CRW. Notwithstanding any other additional requirements of


this contract, invoices shall contain the contract number; the date(s) services were furnished; and a detailed description of the supplies or services furnished, including an itemized breakdown of hours, hourly rates, and any materials utilized. Failure to strictly comply with this provision may result in a delay in payment. All invoices shall be submitted to CRW’s Finance Department as follows:

CRW Finance Department

Attn: Accounts Payable 16770 SE 82nd Dr.

Clackamas, OR 97015 B.5 Service Rate Adjustments Consultant’s hourly rates shall be firm for the calendar year as of the Effective Date. During subsequent calendar years, the labor rates for the ensuing year may be increased or decreased as a result of documented changes in Consultant’s costs. Consultant shall notify CRW of price adjustments no later than thirty (30) days prior to the end of the current calendar year. Notices shall include all data necessary to demonstrate to CRW's satisfaction the actual changes in Consultant’s labor and material costs. Promptly after CRW receives the notice and data required under this paragraph, CRW and Consultant shall negotiate a price adjustment in the contract rates. In no event shall increases exceed 3% merit plus the increase (expressed as a percentage) in the Portland area Consumer Price Index from the most recently published six-month period. There is no percentage limitation on the amount of decreases that may be made under this clause. CRW must approve the Consultant’s choice of Project Manager. After initial approval by CRW, the Consultant shall not change the Project Manager without the prior written approval of CRW. CRW shall appoint its own Project Manager to represent CRW during execution of the work under this contract. B.6 Insurance During the term of this contract, Consultant shall purchase and maintain any insurance required by this contract. Consultant shall furnish acceptable certificates of insurance to CRW within ten (10) days after award of this contract, and prior to commencement of any contract work evidencing the insurance required by this contract. Consultant shall indemnify CRW for any liability or damages that CRW may incur due to Consultant’s failure to purchase or maintain any required insurance. Consultant shall be responsible for the payment of all premiums and deductibles. Consultant shall maintain insurance of the types and in the amounts described below: (1) Commercial General Liability Insurance Consultant shall maintain commercial general liability (CGL) with a limit of

not less than the minimum required under Oregon Tort Claims Act, ORS 30.260-30.300.

(2) Business Auto Liability Insurance Contractor shall maintain business auto liability insurance with a limit of not

less than the minimum required under Oregon Tort 30.260-30.300. Such insurance shall cover liability arising out of the use of any auto (including owned, hired, and non-owned autos).


(3) Worker’s Compensation Insurance Consultant shall maintain worker’s compensation and employer’s liability

insurance per ORS 656.

(4) Errors and Omissions Insurance The Consultant shall maintain professional errors and omissions insurance of not less than $1 million dollars per claim and in the aggregate.

Upon request, Consultant shall furnish CRW with a copy of the policy of insurance shown by the certificate of insurance or in place pursuant to this contract, which policy shall be executed by a duly authorized representative of each insurer showing compliance with the insurance requirements set forth above.

Failure of CRW to demand such policy of insurance in compliance with these insurance requirements or failure of CRW to identify a deficiency from evidence that is provided shall not be construed as a waiver of Consultant’s obligation to maintain such insurance.

Except for workers’ comp and professional liability, the insurance required under this

section shall: (1) Include CRW and its directors, officers, representative, agents, and

employees as additional insureds with respect to work or operations connected with the contract and

(2) Require the insurer to give CRW not less than thirty (30) days notice prior to

cancellation of coverage, 10 days notice for cancellation due to non-payment of premium

(3) Be with an insurance company having financial strength and financial size

category ratings that are reasonably acceptable to CRW. Such ratings shall be as published by Best’s Insurance Guide.

B.7 Hours of Labor (Personal Services Contracts)

Persons employed under this Contract shall be paid at least time and a half for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020 and for all work in excess of 8 hours in a day or in excess of 40 hours in a week when the workweek is 5 consecutive days Monday through Friday, or for all work in excess of 10 hours in a day or 40 hours in a week when the workweek is 4 consecutive days Monday through Friday. B.8 Conditions concerning payment, contributions, liens, withholding. [Applicable to all public contracts]. The consultant shall:

(1) Make payment promptly, as due, to all persons supplying to the consultant labor or material for the performance of the work provided for in the contract.

(2) Pay all contributions or amounts due the Industrial Accident Fund from the consultant or subconsultant incurred in the performance of the contract.


(3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. B.9 Condition concerning payment for medical care and providing workers’ compensation. [Applicable to all public contracts]. (1) The consultant 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 consultant, of all sums that the consultant agrees to pay for the services and all moneys and sums that the consultant collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) If Consultant is a subject employer, Consultant shall comply with ORS 656.017 or determine that Consultant is exempt under ORS 656.126. B.10 Condition concerning hours of labor. [Applicable to all public contracts]. (1) Except as provided in subsections (3) to (6) of this section, any person employed by the Consultant may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee shall be paid at least time and a half pay: (a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. (2) An employer must give notice in writing to employees, who work on a public contract, either at the time of hire or before commencement of work on the contract, 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 may be required to work. (3) In the case of contracts for personal services as described in ORS 279A.055, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. (4) In the case of a contract for services at a county fair or for other events authorized by a county fair board, the contract must contain a provision that employees must be paid at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer shall give notice in writing to employees, who work on such a contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work. (5)(a) Except as provided in subsection (4) of this section, contracts for services must contain a provision that requires that persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020 (1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.


(b) An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on the contract, 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 may be required to work. (6) This section does not apply to public contracts: (a) With financial institutions as defined in ORS 706.008. (b) Made pursuant to the authority of the State Forester or the State Board of Forestry under ORS 477.406 for labor performed in the prevention or suppression of fire. (c) For goods or personal property. B.11 Workforce/Minority/Women-Owned Business Enterprise Commitment:

CRW is committed to maximizing the participation in CRW contracts for minorities, women and other disadvantaged individuals and to workforce diversity. To accomplish this result, CRW relies heavily on the efforts of its Consultants and consultants to commit to and achieve a robust level of minority and women-owned business enterprise involvement and workforce diversity. To this end, Consultant shall comply with any applicable minority and/or women-owned business enterprise participation goals established as a part of the request for proposals or other negotiated process leading up to the award of this contract.

B.12 Overtime Use All overtime in excess of ten hours per week for any one person billing to this contract must be approved in advance by CRW. For the purposes of computing overtime, all hours, not just project hours, must be included. Consultant’s and subconsultants’ timesheets must show all hours worked, including non-project hours. Billable “comp” time is not permitted.

EXHIBIT C

Scope of Services (as provided by auditor)

EXHIBIT D

FEE SCHEDULE (as provided by auditor)