State of Oregon - Surface Transportation Project (Wash. Sq. Dr/Tiedeman) -0
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n Oi,,aen.Department of Transportation
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Support Services
Theodore R Kulongoski;Governor Procurement Office
455 Airport Rd. SE, Bldg. K
Salem, OR 97301-5348
June 14, 2006
JUN 16 2006 no
City of Tigard LAITY OF TIGARD
Attention: Agustin P. Duenas, P.E.
13125 SW Hall Blvd.
Tigard, OR 97233
Dear Mr. Duenas,
We have enclosed one original for your files of the fully executed Amendment#1 of Agreement
#19146 for our upcoming project which covers Washington Square Dr: Tiedeman Ave. This
agreement has been signed by all parties.
We have retained one signed original of the fully executed Amendment#1 of Agreement#19146
on file at the Oregon Department of Transportation.
If you have any questions regarding this Agreement, please contact me at my e-mail address
susan.c.herring@odot.state.or.us or at (503) 986-2731.
Sincerely,
Z44�
Susan Herring, Technical/Administrative Assistant
ODOT Procurement Office
Enclosure
Misc. Contracts &Agreements
No. 19,146
AMENDMENT NO. 1
SURFACE TRANSPORTATION PROJECT— METRO ONLY
Washington Square Dr.,—, Tiedeman Ave. (Tigard)
The State of Oregon, acting by and through its Department of Transportation, hereinafter
referred to as State; the City of Tigard, acting by and through its Elected Officials, hereinafter
referred to as Agency; and Washington. County, a political subdivision of the State of Oregon,
acting by and through its Board of County Commissioners, hereinafter referred to as County,
entered into Local Agency Agreement No. 19,146 on December 23, 2002. Said agreement
covers the widening of Greenburg Road from Shady Lane to Tiedeman Avenue with bike lanes,
sidewalks, and signal modifications, hereinafter referred to as "Project."
It has now been determined by State and Agency that the agreement referenced above,
although remaining in full force and effect, shall be amended by this agreement to remove the
fixed funding for PE and right-of-way, add funding and up-date standard language. Therefore
the above mentioned agreement shall be amended as follows:
Page 1, Recitals, Paragraph 2, which reads:
2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into
cooperative agreements with the counties and cities for the performance of work on certain
types of improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties."
Shall be deleted in its entirety and amended to read:
"2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into
cooperative agreements with counties, cities and units of local governments for the performance
of work on certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties."
Insert new Paragraph 10 of Terms of Agreement, Page 3, to read as follows:
"3. The federal funding for this Project is contingent upon approval by the FHWA. Any work
performed prior to acceptance by FHWA will be considered nonparticipating and paid for at
Agency expense."
Page 1, Terms of Agreement, Paragraph 2, which reads:
41
2. The Project shall .be conducted as -a part of* the Federal-Aid Surface Transportation
Program, Title 23, United,,States Code. The total Project cost is estimated at $2,725;000. This
agreement sets the terms and funding for the Preliminary Engineering (PE) and right-of-way
acquisition phases of the Project only. The Metro Priorities 2000 STP funds for.this Project shall
be limited to $270,000 and are for PE.
Key #11436
M C &A No. 19,1:46,Amendment.No. 1
CITY OF TIGARD &WASHINGTON COUNTY
The Metro Priorities 2002 STP funds are limited to $390,000 and are for Right-of-Way. The
project will be financed with Surface Transportation Program funds at the maximum allowable
federal participating amount,.with Agency providing the match and any non-participating costs.
The terms for subsequent phases of the Project shall be set by future agreement(s). The
estimate for the total project cost is subject to change."
Shall be deleted In Its entirety and amended to read:
"2. The r Project shall .be conducted as a part of the Federal-Aid Surface Transportation
Program (STP), under Title 23,: United States Code. The total Project cost is estimated at
$4,436,000, which is subject to change. The STP local funds for this Project shall be limited to
$1,660,000. The project will be financed with STP funds at the maximum allowable federal
participating amount, with Agency providing the match and.any non-participating costs, including.
all costs in excess of the available federal funds."
Page 2, TERMS OF AGREEMENT, Paragraph 3 which reads:
`3. The term of this agreement shall begin on the date all required signatures are obtained
and shall terminate within six calendar years following that date."
Shall be deleted In its entirety and amended to read:
99
3. The term of this Agreement shall begin on the date all required signatures. are obtained
and shall terminate upon completion of the Project and final payment or by December 23, 2014,
whichever is sooner.
Page 2, TERMS OF AGREEMENT, Paragraph 4-d which reads:
"d. If State fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in the
agreement."
Shall be deleted in its entirety and amended to read:
"d. If State fails. to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow. State, in the exercise of its reasonable
administrative discretion, to continue to make payments for performance of this
Agreement."
r
2
M C &A No. 19,146, Amendment No. 1
CITY OF TIGARD &WASHINGTON COUNTY
Page 2, Paragraph 5 oflerms of Agreement, which reads:
"5. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions apply to all
federal-aid projects and may be modified only by the Special, Provisions. The parties hereto
mutually agree to the terms and conditions set forth in Attachments 1 and 2."
Shall be deleted In its entirety and amended to read:
"5. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions. apply to all
federal-aid projects and may be modified only by the Special Provisions. The parties hereto
mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event"of a
conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over
Attachment 2."
Page 3, Paragraph 6 of Terms of Agreement which reads:
"6. Agency, as a recipient of grant funds, pursuant to this agreement with the State, shall
assume sole liability for Agency's breach of the conditions of the grant, and shall, upon Agency's
breach of grant conditions that requires the State to return funds to the FederaV Highway
Administration, the grantor, hold harmless and indemnify the State for an amount equal to the
funds received under this agreement; or if legal limitations apply to the indemnification ability of
Agency, the indemnification amount shall be the maximum amount of funds available for
expenditure, including any available .contingency funds or other available non-appropriated
funds, up to the amount received under this agreement."
Shall be deleted in its entirety and amended to read:
"6. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall
assume sole liability for Agency's breach of any federal statutes, rules, program requirements
and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any.
such conditions that requires the.State to return funds to the Federal Highway Administration,
hold harmless and indemnify the State for an amount equal to the funds received under this
Agreement; or if legal limitations apply to the indemnification ability of Agency,.including but not
limited to Article XI, Section 10 of the Oregon Constitution, the indemnification amount shall be
the maximum amount.of funds available for expenditure; including any available, contingency
funds or other available non-appropriated funds, up to the amount received under this
agreement."
3
M C &AM. 19,146, Amendment No. 1
CITY OF TIGARD&WASHINGTON COUNTY
IN WITNESS WHEREOF, the parties hereto have set their, hands and affixed their seals as of
the day and year hereinafter written.
This Project is in the 2006-2009 Statewide Transportation. Improvement Program that was
approved by the Oregon,Transportation commission on August,17, 2005. (Key No. 11436).
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2,
which authorizes the Director to approve and execute agreements for day-to-day operations
when the work is related to a project included in the. Statewide Transportation Improvement
Program or aline item in the biennial budget approved by the Commission.
On November 10, 2004, the. Director of:the Oregon Department of Transportation approved
Subdelegation Order No. 2, in which the !Director delegates to the Deputy. Director, Highways
the authority to approve and sign agreements.over$75,,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, or in other system plans
approved by the Oregon Transportation Commission or in a line item in the biennial budget
approved by the Director.
4
M C &A No. 19,146, Amendment No. 1
CITY OF TIGARD &WASHINGTON COUNTY
APP VAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation
By
Region 1 Manager .r
By . '~
Date Depu4blrector, Highways
By Date
Tech Sery Mgr/Chief Engineer
Date CITY OF TIGARD, by and through its
Elected Officials
APPROVED AS TO B
Y
LEGA"UFFICENCY Ma or
By PA4. CE
Assistant Attorney General Recorder
Date �l 71�� Date
APPROVED AS TO
LEGAL SUFFICENCY WASHINGTON;COUNTY, by and
By N/ through its Elected Officials
City Attorney
By
Date /Chair
Date
APPROVED AS TO
LEGAL SUFFICENCY
AGENCY Billing Address:
CITY OF TIGARD
B ZIAP 13125 SW Hall Blvd.
CouW Attorney Tigard, OR 97223
Date 511pla
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER a __ D!o 949L
DATE
5 By &rh. _
-4 Lkibng�
CLERK Of THE BOARD'
-Ore
^ ®,nn Department of Transportation
r z Transportation Building
John A.Kitzhaber,MD.,Governor 355 Capitol St.NE
Salem,Oregon 97301
f' FILE CODE:
AGR
January 2, 2003
ods
City of Tigard
Attn: Wheatley, City Recorder
13125 SW H-alHalyd.
Tigard, OR 97223`
Enclosed for your records is two fully executed copies of Local Agency
Agreement number 19146. This agreement provides funds for improvements to
Greenburg Road.
We have retained a fully executed copy of this agreement for the Department of
Transportation's files.
JIZAL � V
Trish Barker, Agreements Specialist
Construction Contracts Unit
Roadway Engineering Section
Enclosure
TB:plg
Form 734-3122(499)
Misc. Contracts &Agreements
No. 19,146
LOCAL AGENCY AGREEMENT
SURFACE TRANSPORTATION PROJECT— METRO Only
Greenburg Rd
Washington Square Dr. —Tiedeman Ave. (Tigard)
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter referred
to as "State"; the CITY OF TIGARD, acting by and through its Elected Officials,
hereinafter referred to as "Agency"; and WASHINGTON COUNTY, a political
subdivision of the State of Oregon, acting by and through its Board of County
Commissioners, hereinafter referred to as "County".
RECITALS
1. The portion of Greenburg Road south of Highway 217 is a part of the City of
Tigard street system under the jurisdiction and control of the City of Tigard. The portion
of Greenburg Road north of Highway 217 is a part of the county road system under the
jurisdiction and control of the Washington County.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter
into cooperative agreements with the counties and cities for the performance of work on
certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties. .
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and Agency plan and propose to widen Greenburg
Road from Shady Lane to Tiedeman Ave to a 5-lane facility with bike lanes and
sidewalks on both sides, modify signals, signing and striping for the widened roadway,
acquire right-of-way, and construct the appropriate transitions at the approaches south
and west of the Tiedeman intersection, hereinafter referred to as "Project". The location
of the project is approximately as shown on the sketch map attached hereto, marked
Exhibit A, and by this reference made a part hereof.
2. The Project shall be conducted. as a part of the Federal-Aid Surface
Transportation Program, Title '23, United States Code. The total Project cost is
estimated at $2,725,000. This agreement sets the terms and funding for the Preliminary
Engineering (PE) and right-of-way acquisition phases of the Project only. The Metro
Priorities 2000 STP funds for this Project shall be limited to $270,000 and are for PE.
M C &A No. 19,146
CITY OF TIGARD
Key#11436
The. Metro Priorities 2002 STP funds are limited to $390;0.00 and are for Right-of-Way.
The project will be financed with Surface Transportation Program funds at the maximum
allowable federal participating amount, with Agency providing the match and any non-
participating costs. The terms for subsequent phases of the Project shall be set by
future agreement(s). The estimate for the total project cost is subject to change.
3. The term of this agreement shall begin on the date all required signatures are
obtained and shall terminate within six calendar years following that date.
4. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice to Agency,
or at such later date as may be established by State, under any of the following
conditions:
a. If Agency fails to provide services called for by this agreement
within the time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this
agreement, or so fails to pursue the work as to endanger
performance of this agreement in accordance with its terms, and after
receipt of written notice from State fails to correct such failures within 10
days or such longer period as State may authorize.
C. If Agency fails to provide payment of its share of the cost of the
Project.
d. If State fails to receive funding, appropriations, limitations or other .
expenditure authority at levels sufficient to pay for the work provided in
the agreement.
e. If Federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
Any termination of this agreement shallnot prejudice any rights or obligations accrued
to the parties prior to termination.
5. The Special and Standard Provisions attached hereto, marked Attachments 1
and 2, respectively, are by this reference made a part hereof. The Standard Provisions
apply to all federal-aid projects and may be modified only by the Special Provisions.
2
M C &A No. 19,146
CITY OF TIGARD
The parties hereto mutually agree to the terms and conditions set forth in Attachments 1
and 2.
6. Agency, as a recipient of grant funds, pursuant to this agreement with the State,
shall assume sole liability for Agency's breach of the conditions of the grant, and shall,
upon Agency's breach of grant conditions that requires the State to return funds to the
Federal Highway Administration, the grantor, hold harmless and indemnify the State for
an amount equal to the funds received under this agreement; or if legal limitations apply
to the indemnification ability of Agency, the indemnification amount shall be the
maximum amount of funds available for expenditure, including any available
contingency funds or other available non-appropriated funds, up to the amount received
under this agreement.
7. Agency shall enter into and execute this agreement during a duly authorized
session of its City Council.
8. County shall enter into and execute this agreement during a duly authorized
session of its Board of County Commissioners.
9. This agreement and attached exhibits constitute the entire agreement between
the parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this agreement shall not constitute a waiver by State of
that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission on October 13, 1999, approved this project as
a part of the 2000-2003 Statewide Transportation Improvement Program, Page 41, Key
No.11436.
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director delegates authority to the
3
M C &A No. 19,146
CITY OF TIGARD
Executive Deputy Director for Highways to approve and execute agreements over
$75,000 when the work is related to a project included in the Statewide Transportation
Improvement Program, other system plans approved by the Commission such as the
Traffic Safety Performance Plan, or in a line item in the approved biennial budget.
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation
By
gion 1 Manager
By
Date Executive Deputy Dire tor.
DateZ-
By
-PprTech Serv. Mgr./. ief Engineer
Date: zz3 /dDz CITY OF TIGARD, by and
through its Elected Officials
APPROVED AS TO By
LEGAL UFFICENl�CYY Mayor
B 'Y B 3 ;�
Assistant Attorney General Recorder
Date 121/e;l G Z Date 11-27-62
APPROVED AS TO WASHINGTON COUNTY, by and
LEGAL SUFFICIENCY through its Elected icials
By
Byhair
City Attorney !�
Date
Date
/5) OZ
AGENCY Billing Address:
APPROVED AS TO CITY OF TIGARD
LEGAL S FFICENCY 13125 SW Hall Blvd
Tigard, OR 97223
LEGAL
County Attorney APPROVED WASHINGTON COUNTY
Date BOARD OF COMMISSIONERS
:MINUTE ORDER H ..... .-. ., `!�.........�
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EXHIBIT "A"
ATTACHMENT NO. 1 to Agreement No.. 19,146
SPECIAL PROVISIONS
1. Agency shall, as a federal-aid participating preliminary engineering function,
conduct the necessary field surveys, environmental studies, traffic investigations,
foundation explorations, and hydraulic studies, assist State in the acquisition of any
necessary right of way, identify and obtain all required permits, and perform all
preliminary engineering and design work required to produce final plans,
preliminary/final specifications and cost estimates.
2. In the event that Agency elects to engage the services of a personal services
consultant to perform any work covered under this agreement, Agency and Consultant
shall enter into a Personal Services Contract approved by State's Purchasing and
Contracts Unit Manager or designee (Salem). Said contract must be reviewed and
approved by the Purchasing and Contracts Unit Manager or designee prior to beginning
any work. This review includes, but is not limited to the Request for Proposal,
Statement of Work, advertisement and all contract documents. This review and
approval is required to ensure federal reimbursement.
3. State may make available Region 1's On-Call PE, Design and Construction
Engineering Services consultant for Local Agency Projects upon written request. If
Agency chooses to use said services, it agrees to manage the work done by the
consultant and make funds available to the State for payment of those services. All
eligible work shall be a federally participating cost and included as part of the total cost
of the project.
4. State shall retain complete jurisdiction and control of the timing established for
the operation of the traffic signals at both north and south bound ramps. .
5. State, Agency and County agree that a mutual review of the proposed plans will
be conducted for State and County concurrence to insure that safe and acceptable
operating conditions are maintained on the segments of State and County right-of-way
within the project limits.
6. The project shall be designed to State's standards and practices contained or
referenced in the current version of ODOT Highway Design Manual and the American
Association of State. Highway and Transportation Officials Standards and Specifications
for Highway Bridges, as modified by State's Bridge Section Office Practice Manual. All
specifications for the project shall be in substantial compliance with the most current
"Oregon Standard Specifications;for Highway Construction". Through design process
Agency may request modifications in accordance with State procedures. Such design
request must be approved by State and/or County (if on County facility).
5
Page 2, Special Provisions
M C &A No. 19,146
7. Paragraph 21 on page 4 of the Standard Provisions shall be amended to read:
State, Agency and County grant each other authority to enter onto the other's right-of-
way for the performance of all necessary work associated with the project.
8. Agency may apply to State for design exceptions as allowed for and in
accordance with State procedures.
10. The existing maintenance and power responsibilities within the project limits shall
remain in place unless changes have been negotiated and agreed to by all parties.
Maintenance and power responsibilities shall survive any termination of this agreement.
6
ATTACHMENT NO. 2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
L State(ODOT)is acting to fulfill itsresponsibility to the Federal Highway Administration (FHWA) by
the administration of this project, and 'Agency (Le: county, city, unit of local government, or other
state agency) hereby agrees that State shall have full authority to cant' out this administration. If
requested by Agency or if deemed necessary by State.in.order to meet .its obligations to FHWA,
State will further act for the Agency in other .matters pertaining,to the project. State and Agency shall
actively cooperate in fulfilling the requirements of the Oregon Action Plan., Agency shall, if
necessary, appoint anddirect the _activities of a Citizen's Advisory Committee and/orTechnical
Advisory Committee;conduct a hearing.and recommend the preferred alternative.:State,and Agency
shall each assign a liaisonperson to coordinate activities and assure thaf the interests of both, ;.parties
are considered during all phases of the project.
2. Any project that uses federal 'funds in,project'development is subject to,plans, specifications and
estimates (PS&E) review and approval by FHWA or State acting for FHWA prior to advertisement
for bid proposals, regardless,of the source of funding for construction.
PRELIMINARY-:& CONSTRUCTION ENGINEERING
3. , State, Agency, or others mayperform preliminary and construction engineering: If Agency or others
perform the engineering, State will monitor the work for conformance with 'FHWA rules and
regulations. In the event that Agency elects to engage the services of a personal service consultant to
perform any work covered by this agreement, -Agency and Consultant shallenter into a State
reviewed and approved personal service contract-process and resulting contract document. State
must concur in the contract prior to beginning any work. State's personal service contracting process
and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49
CFR 18,-ORS 279.05.1, the'current State Administrative Rules and ODOT Personal Services
Contracting Procedures as approved by the Federal Highway Administration (FHWA).' Such
personal service- contract(s)"shall contain a description of the 'work to �be performed; a project
schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency
as outlined in the agreement. No reimbursement shall be made using federal=aid funds for any costs
incurred by Agency or, its consultant prior to receiving authorization from ,State to proceed. . Any
amendments to such contracts)also require State's approval.
4. On all construction projects where State is the signatory party to the contract, and•:where Agency is
doing the construction engineering and project management, Agency, subject to any limitations
imposed by State law and the Oregon Constitution, agrees to accept all responsibility, defend
STDPRO-2000.doc -
Rev. 8-8-2001
lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit
arising out of the contractor's work or Agency's supervision of the project.
REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance the Agency has submitted and the US Department of Transportation
has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency
agrees to carry out, this affirmative action program is incorporated into the financial assistance
agreement by reference. That program shall be treated as a legal obligation and failure to carry out its
terms shall be treated as a violation of the financial assistance agreement. Upon notification to the
Agency of its failure to carry out the approved program, the US Department of Transportation shall
impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 26, which sanctions
may include termination of the agreement or other measures that may affect the ability of the Agency
to obtain future US Department of Transportation financial assistance.
6. DBE Obligations. State and its contractor agrees to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Agency
shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that
Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts.
Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national
origin or sex in the award and performance of federally-assisted contracts. The Agency shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts.
Failure by the Agency to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as ODOT deems appropriate.
The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under
this contract.
7. The Agency further agrees to comply with all applicable civil rights laws, rules and regulations,
including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990
(ADA), and Titles VI and VII of the Civil Rights Act of 1964.
8. The parties hereto agree and understand that they will comply with all applicable federal, state, and
local laws, regulations, executive orders and ordinances applicable to the work including, but not
limited to, the provisions of QRS 279.312, 279.314, 279.316, 279.320 and 279.555, incorporated
herein by reference and made a part hereof;Title 49 CFR,Parts 26 and 90, Audits of State and Local
Governments; 49 CFR Parts 18 and 24; 23 CFR Part 771; Title 41, USC, Anti-Kickback Act; Title
23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property
Acquisition Policy Act of 1970, as amended; provisions of Federal-Aid Policy Guide (FAPG), Title
23 Code of Federal Regulations(23 CFR) 1.11,710, and 140; and the Oregon Action Plan.
STDPRO-2000.doc 2
Rev. 8/8/2001
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
9. State shall submit a project funding request to the FHWA with a request for approval of federal-aid
participation in all engineering, right-of-way acquisition, eligible utility relocations and/or
construction work for the project. No work shall proceed on any activity in which federal-aid
participation is desired until such approval has been obtained. The program shall include
services to be provided by State, Agency, or others. State shall notify Agency in writing when
authorization to proceed has been received from the FHWA. Major responsibility for the various
phases of the project will be as outlined in the Special Provisions. All work and records of such work
shall be in conformance with FHWA rules and regulations and the Oregon Action Plan.
FINANCE
10. State shall, in the first instance, pay all reimbursable costs of the project, submit all claims for
federal-aid participation to the FHWA in the normal manner and compile accurate cost accounting
records. Agency may request a statement of costs to date at any time by submitting a written request.
When the actual total cost of the project has been computed, State shall furnish Agency with an
itemized statement of final costs. Agency shall pay an amount which, when added to said advance
deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost.
Any portion of deposits made in excess of the final total costs of project, minus federal
reimbursement, shall be released to Agency. The actual cost of services provided by State will be
charged to the project expenditure account(s)and will be included in the total cost of the project.
PROJECT ACTIVITIES
11. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications and cost
estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and
approve the documents prior to advertising for bids.
12. The party responsible for performing preliminary engineering for the project shall, as part of its
preliminary engineering costs, obtain all project related permits necessary for the construction of said
project. Said permits shall include, but are not limited to, access, utility, environmental, construction,
and approach permits. All pre-construction permits will be obtained prior to advertisement for
construction.
13. State shall prepare contract and bidding documents, advertise for bid proposals, and award all
contracts.
14. Upon State's award of a construction contract, State shall perform independent assurance testing in
accordance with State and FHWA Standards, process and pay all contractor progress estimates,
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check final quantities and costs, and oversee and provide intermittent inspection services during the
construction phase of the project.
15. The State shall, as a project expense, assign a liaison person to provide project monitoring as needed
throughout all phases of project activities (preliminary engineering, right-of-way acquisition, and
construction). The liaison shall process reimbursement for federal participation costs.
RIGHT-OF-WAY
16. State is responsible for proper acquisition of the necessary right-of-way and easements for
construction and maintenance of the project. Agency may perform acquisition of the necessary right-
of-way and easements for construction and maintenance of the project, provided Agency (or
Agency's consultant) are qualified to do such work as required by the ODOT Right of Way Manual
and have obtained prior approval from ODOT Region Right of Way office to do such work.
17. Regardless of who acquires or performs any of the right-of-way activities, a right-of-way services
agreement shall be created by ODOT Region Right of Way office setting forth the responsibilities
and activities to be accomplished by each party. State shall always be responsible for requesting
project funding, coordinating certification of the right-of-way, and providing oversight and
monitoring. Funding authorization requests for federal right-of-way funds must be sent through the
Region Right of Way offices on all projects. All projects must have right-of-way certification
coordinated through Region Right of Way offices (even for projects where no federal funds were
used for right-of-way, but federal funds were used elsewhere on the project). Agency should contact
the Region Right of Way office for additional information or clarification.
18. State shall review all right-of-way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right-of-way activities shall be in accord with
the Uniform Relocation Assistance & Real Property Acquisition Policy Act of 1970, as amended,
ORS 281.060 and ORS Chapter 35, FHWA Federal Aid Policy Guide, State's Right of Way Manual
and the Code of Federal Regulations,Title 23, Part 710 and Title 49, Part 24.
19. If any real property purchased with federal-aid participation is no longer needed for the originally
authorized purpose, the disposition of such propdrty shall be subject to applicable rules and
regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the
required proportionate shares of the fair market value may be required.
20. Agency insures that all project right-of-way monumentation will be conducted in conformance with
ORS 209.150.
21. State and Agency grants each other authority to enter onto the other's right-of-way for the
performance of the project.
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AGENCY OBLIGATIONS
FINANCE
22. Federal funds shall be applied toward project costs at the current federal-aid matching ratio, unless
otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount,
unless otherwise agreed to and specified in the intergovernmental agreement.
23. Agency's estimated share and advance deposit.
A. Agency shall, prior to commencement of the preliminary engineering and/or right-of-way
acquisition phases, deposit with State its estimated share of each phase.Exception may
be made in the case of projects where Agency has written approval from the State to use
in-kind contributions rather than cash to satisfy all or part of the matching funds
requirement.
B. Agency's construction phase deposit shall be 110 percent of Agency's share of the
engineer's estimate and shall be received prior to award of the bid. Any additional
balance of the deposit,based on the actual bid must be received within 45 days of receipt
of written notification by the State of the final amount due, unless the contract is
canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be
refunded within 45 days of receipt by the State of the project sponsor's written request.
C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited
in the State Treasury (an option where a deposit is made in the Local Government
Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway
Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name
of State, or 3)cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in-kind
contributions rather than cash when prior written approval has been given by State.
24. If the estimated cost exceeds the total matched-federal funds available, Agency shall deposit its
share of the required matching funds, plus 100 percent of all costs in excess of the total matched
federal funds. Agency shall also pay 100 percent of the cost of any item in which the FHWA will
not participate. If Agency ha`s not repaid any non-participating cost, future allocations of federal
funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the
non-participating costs. If the State approves processes, procedures, or contract administration
outside the Local Agency Guidelines, that result in items being declared non-participating, those
items will not result in the withholding of Agency's future allocations of federal funds or the future
allocations of State Highway Trust Funds.
25. Costs incurred by the State and Agency for services performed in connection with any phase of the
project shall be charged to the project, unless otherwise mutually agreed upon.
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26.If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear 100
percent of all costs as of the date of cancellation. If the State was the sole cause of the cancellation,
the State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was
caused by third parties or circumstances beyond the control of State or Agency,Agency shall bear all
development costs, whether incurred by the State or Agency, either directly or through contract
services, and the State shall bear any State administrative costs incurred. After settlement of
payments, State shall deliver surveys,maps,field notes,and all other data to Agency.
27.The requirements stated in the Single Audit Act must be followed by those local governments
receiving $300,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended
by PL 104-156, described in "Office of Management and Budget Circular A-133", requires local
governments to obtain an audit that includes internal controls and compliance with federal laws and
regulations of all federally-funded programs in which the local agency participates. The cost of this
audit can be partially prorated to the federal program.
28. Additional deposits, if any, shall be made as needed upon request from the State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an estimated
cost to complete the project.
29. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the
project directly to State's Liaison Person for review and approval. Such invoices shall identify the
project and agreement number,and shall itemize and explain all expenses for which reimbursement is
claimed. Billings shall be presented for periods of not less than one-month duration, based on actual
expenses to date. All billings received from Agency must be approved by State's Liaison Person
prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those
allowable under the provisions of FAPG,23CFR 1.11, 710,and 140. Final billings shall be submitted
to State for processing within three months from the end of each funding phase as follows: 1) award
date of a construction contract for preliminary engineering 2) last payment for right-of-way
acquisition and 3) third notification for construction. Partial billing (progress payment) shall be
submitted to State within three months from date that costs are incurred. Final billings submitted
after the three months may not be eligible for reimbursement.
30. The cost records and accounts pertaining to work covered by this agreement are to be kept available
for inspection by representatives of State and the FHWA for a period of three (3) years following the
date of final voucher to FHWA. Copies of such records and accounts shall be made available upon
request. For real property and equipment, the retention period starts from the date of disposition (49
CFR 18.42).
31. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds
distributed to Agency if any of the following events occur:
a) That right-of-way acquisition or actual construction of the facility for which
preliminary engineering is undertaken is not started by the close of the tenth fiscal
year following the fiscal year in which the federal-aid funds were authorized;
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b) That right-of-way acquisition is undertaken utilizing federal-aid funds and
actual construction is not started by the close of the twentieth fiscal year following
the fiscal year in which the federal-aid funds were authorized for right-of-way
acquisition.
c) That construction proceeds after the project is determined to be ineligible for
federal-aid funding (e.g., no environmental approval, lacking permits, or other
reasons).
32. Agency shall maintain all project documentation in keeping with State and FHWA standards and
specifications. This shall include, but is not limited to, daily work records, quantity documentation,
material invoices and quality documentation, certificates of origin, process control records, test
results, and inspection records to ensure that projects are completed in conformance with approved
plans and specifications.
RAILROADS
33.Agency shall follow State established policy and procedures when impacts occur on railroad property..
The policy and procedures are available through the appropriate Region contact or Railroad & Utility
Engineer. Only those costs allowable under 23 CFR 646B & 23 CFR 140I, shall be included in the
total project costs; all other costs associated with railroad work will be at the sole expense of the
Agency, or others. Agency may request State, in writing, to provide railroad coordination and
negotiations. However,the State is under no obligation to agree to perform said duties.
UTILITIES
34. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility conduits,
lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation
or reconstruction is made necessary by the plans of the project in order to conform the utilities and
other facilities with the plans and the ultimate requirements of the project. Only those utility
relocations, which are eligible for federal aid participation under the FAPG, 23 CFR 645A, shall be
included in the total project costs; all other utility relocations shall be at the sole expense of the
Agency, or others. State will arrange for utility relocations/adjustments in areas lying within
jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in
writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf
of Agency. This request must be submitted no later than 21 weeks prior to bid let date. However, the
State is under no obligation to agree to perform said duties.
35. Agency shall follow established State utility relocation policy and procedures. The policy and
procedures are available through the appropriate Region Utility Specialist or ODOT Right of Way
Section's Railroad and Utility Coordinator.
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STANDARDS
36. Design standards for all projects on the National Highway System (NHS) and the Oregon State
Highway System shall be in compliance to standards specified in the current ODOT Highway Design
Manual and related references. Construction plans shall be in conformance with standard practices of
State for plans prepared by its own staff. All specifications for the project shall be in substantial
compliance with the most current"Oregon Standard Specifications for Highway Construction".
37. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan",
unless otherwise requested by Agency and approved by State.
38. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants
prescribed in the"Manual on Uniform Traffic Control Devices and Oregon Supplements".
39. All plans and specifications shall be developed in general conformance with the current "Contract
Road Plans Guide" and the current "Standard Specifications"and/or guidelines provided.
40. The standard unit of measurement for all aspects of the project will be System International(SI)Units
(metric). This includes, but is not limited to, right-of-way, environmental documents, plans and
specifications, and utilities.
GRADE CHANGE LIABILITY
41. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the project which may alter or change the grade of existing
county roads are being accomplished at the direct request of the County.
42. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes.
Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade.
43. Agency, if a City, by execution of agreement,gives its consent as required by ORS 373.030(2)to any
and all changes of grade within the City limits, and-gives its consent as required by ORS 373.050(1)
to any and all closure of streets intersecting the highway, if any there be in connection with or arising
out of the project covered by the agreement.
CONTRACTOR CLAIMS
44. Agency shall, to the extent permitted by State law, indemnify, hold harmless and provide legal
defense for the State against all claims brought by the contractor, or others resulting from Agency's
failure to comply with the terms of this agreement.
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MAINTENANCE'RESPONSIBILITIES
45. Agency shall, upon completion of construction; thereafter maintain and operate.the.project at its own
cost and expense,,and in a manner satisfactoryto State And the FHWA. ..
WORKERS',COMPENSATION:COVERAGE'
46. Agency, its subcontractors, if any, and,all employers working under this agreement are
subject employers under the Oregon.Workers= Compensation Law and shall comply with ORS
656.017, which requires them to provide workers' compensation coverage for all their subject
workers,unless such employers'are exempt under ORS 656.126. Agency shall ensure that each
of its contractors complies with these requirements.
LOBBYING RESTRICTIONS
47.Agency certifies by signing the agreement that:
A. No Federal appropriated funds have been paid or will be.paid,by or on-behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of.any..Federal
agency, a:Member of Congress, an officer or employee of Congress,.or an employee of a
Member of Congress in connection with.the awarding of any Federal contract, the making of any
Federal grant; the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to,any person
for influencing or attempting to influence an officer or employee of any Federal agency, a-
Member of Congress, an officer or employee of Congress, or an employee of a Member.,of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,.the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The undersigned shalL-require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when,this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, US.Code.
Any person who fails to file the required certification shall be subject to a civil penalty of!not less
than $10,000 and not more than$100,000 for each such failure.
Paragraphs 34, 35,and 45 are not applicable to any local agency on state highway projects.
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