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ODOT - Grant Ave Bridge Rehabilitation November 8, 1994 (liWn7 DEPARTMENT OF TRANSPORTATION City of Tigard Randy Wooley, City Engineer 1:3125 SW Hall Blvd. Tigard, OR 97223 FILE CODE: AGR Attached for your records is a fully executed copy of an agreement to replace the existing two-lane structure on Grant Avenue with a wider, higher and longer structure. We have retained a fully executed copy of this agreement for the Department of Transportation's files. Fran Neavoll, Agreement Specialist Contracts Unit Program Services Attachment Rev.11/26/93 Transportation Building 734-3122(1-93) Salem, OR 97310 July 29, 1994 Misc. Contracts &Agreements No. 42,950 LOCAL AGENCY AGREEMENT, HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROJECT 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"; and CITY OF TIGARD, acting by and through its Elected Officials, hereinafter referred to as "Agency". 1. By the authority granted in DRS 366.770 and 366.775, State may enter into cooperative agreements with 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. 6 2. Under such authority, State and Agency plan and propose'to replace the existing two- lane structure (Br. No. 67T003) on Grant Avenue with a wider, higher, and longer structure which will include transitions to the existing roadway on both ends of the bridge and creek channel widening, 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. 3. The project shall be conducted as a part of the Highway Bridge Replacement and Rehabilitation Program (HERR) or the Surface Transportation Program (STP) under Title 23, United States Code, and the Oregon Action Plan. State shall provide one-half of the match required for the federal funds, based on the maximum allowable federal fund prorata. If the federal funds for any phase of the project are limited, the federal share may be reduced to a minimum of 50 percent of the total cost for that phase. Agency shall be responsible for all costs in excess of the combined available federal funds and State match. 4. 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. 5. Agency shall enter into and execute this agreement during a duly authorized session of its City Council. M C &A No. 12,950 CITY OF TIGARD 5. Agency shall enter into and execute this agreement during a duly authorized session of its City Council. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, as of the day and year hereinafter written. This project was approved on July 20, 1993 under delegated authority from the Oregon Transportation Commission. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated to the Program Services Manager under Subdelegation_Order HWY-6, paragraph 11. Except for Special Provisions, this form was approved as to legal sufficiency by Dale K. Hormann, Assistant Attorney General, on May 27, 1992. APP R RE ENDED STATE OF OREGON, by and through its Department of Transportation By Region Man er By 06grim Servicesn er Date APPROVED AS TO CITY OF TIGARD, by and LEGAL SUFFICIENCY through its Elec Official By By City Coun I ayor By Recorder Date q/a-7 2 ¢ o Li LJ > x zu ¢ ¢ i- a J� TjC�R� cpMMFR� �,1 �� - ST, Iq� ST CENT pR �Z �41 sp�TyF ��y, R?v 1G `E= A BOG 9C1,c•IC QPG1F S�• SITENel N F,p 9� ��yNsp 5� �qf T � q G,P by �y. G eP Exhibit 'A' P GRANT AVE. VICINITY MAP DESIGN, BY DRAWN BY SHUT CITY OF TI GAR D CAB SCALE DATE FILE NAME OREGON N.T.S. 8-6-92 GRNT .-VIN.DWG ATTACHMENT NO. 1 SPECIAL PROVISIONS 1. Agency or its consultant shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, 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. Right-of-way services shall meet State and federal requirements, and may be provided by State or Agency. 2. Agency or its consultant shall design the project to meet 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. State shall review and approve all plans and specification. If there are design exceptions they shall be approved prior to implementation. 3. Agency or its consultant shall, upon award of a construction contract, furnish all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract as a federal-aid participating expense. The State shall obtain "Record Samples" at specified intervals for testing in the State Materials Laboratory in Salem. 4. Agency shall conform with the requirements of the Oregon Action Plan, and if necessary shall appoint and direct the activities of a Citizen's Advisory Committee and Technical Advisory Committee, conduct any required public hearings and recommend the preferred alternative. 5. The funding responsibilities shall be 80% Federal HBRR.funds, with Agency and State each providing 10% of.the match required for the federal funds. Agency shall be responsible for all construction engineering costs over the 15% allowed under Title 23, United States Code. Misc. Contracts &Agreements No. 12,950 ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, .and Agency hereby agrees that State shall have full authority to carry out this administration. If requested by Agency, 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. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases for all projects. Any project that uses federal funds, in project development, is subject to PS&E review and approval by FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. P E & CONSTRUCTION ENGINEERING 2. Preliminary and construction engineering may be performed by State, Agency, or others. 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 consultant to perform any of the work covered by this agreement, Agency and Consultant shall enter into an agreement describing the work to be performed and the method of payment. State shall concur in the agreement prior to the beginning of any work. No reimbursement shall be made using federal-aid funds for any costs incurred by such Consultant prior to receiving authorization from State to proceed. 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 agrees. to accept all responsibility for and defend lawsuits involving tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. Revised: 04/20/93 L)W026c.th #3 REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT: 3. If as a condition of assistance the Agency has submitted and the U.S. Department of Transportation has approved a Minority Business Enterprise Affirmative Action Program which the Agency agrees to carry out, this affirmative actionprogram is incorporated into this 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 this financial assistance .agreement. _ Upon notification to the Agency of its failure.-to carry out the approved program, the.U.S. Department of Transportation shall,impose such sanctions;as noted.in Title 49, Code of Federal Regulations, Part 23, Subpart E,,which sanctions may include termination of the agreement .or other measures that may affect the ability of the Agency to obtain future U.S. Department of Transportation.financial assistance. The Agency further agrees to comply with all applicable Civil Rights Laws, Rules and Regulations, including Section 504'.of the Rehabilitation Act.of 1973 and the Vietnam Era Veterans' Readjustment Act. 4. The parties hereto agree and understand that they will comply with all applicable statutes and regulations, including but not limited to Title 49 CFR, Parts 23 and 90, Audits of State and Local Governments; Title 41, USC, Anti-Kickback Act; Title-23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1987; 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. STATE OBLIGATIONS PROGRAM REQUEST 5. State shall submit a program to the FHWA. with a request for approval of federal-aid participation in all engineering, right-of-way acquisition, eligible utility relocations and 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. Revised: 04/20/93 LJW026c.th#3 2 AUTHORITY FOR SURVEY 6. State shall prepare an Authority for Survey which will itemize the estimate of cost for preliminary engineering services to be provided by State, Agency or others, and shall furnish Agency with a copy of such cost estimate. FINANCE 7. 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 anytime, 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 such final costs. PROJECT ACTIVITIES 8. State shall, if the 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. State shall prepare.contract and bidding documents, advertise for bid, proposals, award all contracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay. all contractor progress estimates, check final quantities and costs, and oversee and ,provide intermittent inspection services during the construction phase of the project. The actual cost of laboratory testing services provided by State will be charged to the project construction engineering expenditure account and will be included in the total cost of the project. FREE BRIDGE DESIGN 9. State shall, as provided in ORS 366.155(h), prepare plans and specifications for the structure portion only of bridges and culverts at no expense to the counties. RIGHT-OF-WAY 10. State is responsible for acquisition of the necessary right-of-way and easements for construction and maintenance of the project. Agency may request to perform the acquisition functions, subject to execution of a written agreement. State Revised: 04/20/93 LJW026c.th 43 3 shall review .all right-of-way activities engaged in by Agency to assure compliance with applicable laws and regulations. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such ,property shall be,subject to applicable rules and regulations which are in ,effect at the time of disposition. Reimbursement to State of the required proportionate share of the fair market value may be required. AGENCY OBLIGATIONS FINANCE 11. Agency shall, prior to the commencement of the preliminary engineering and right-of-way acquisition phases, deposit with State its estimated share of each phase. Agency's share of construction will be deposited in two parts. The initial deposit will represent 65 percent, of the Agency's share, based on the engineer's estimate, and will be requested three weeks prior to opening bids on the project. Upon award of. the contract,,the balance of.the applicant's share will be requested.. Collection of advance deposits:amounting to less than $2,500 for the P.E. and R/W phase of the project will be postponed until collectively the amount exceeds $2,500 or until the collection of the advance deposit for construction is required. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option of which may be a deposit in the Local Government Investment Pool accompanied by an.Irrevocable Limited Power of Attorney), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State. 12. Agency shall present properly certified bills.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 bills shall be in a form acceptable to .State and documented in such a manner as to be easily verified. 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 presentation to Highway Division Accounting for payment. Agency's actual costs eligible for federal-aidparticipation shall be.those allowable under the provisions of FAPG, 23 CFR 1.11, 710, and 140. Final billings shall be,submitted to State for Revised: 04/20/93 `LJW026c.th#3 4 processing within six months from date that costs were incurred. Partial billing (progress payment) shall be submitted -to-State within three months from date that costs incurred. 13. The costs records and accounts pertaining to the 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 payment. 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 CRF 18.42). This agreement is subject to the provisions of the Single Audit Act of 1984 (49 CFR, Part 90) as stated in Circular A-128 of the United States Office of Management and Budget. PROJECT CANCELLATION 14. Agency agrees that should they cause the project to be canceled or terminated for any reason prior to its completion, Agency shall reimburse State for any costs that have been incurred by State on behalf of the project. DELAYEDSTARTING DATE 15. in the event that right-of-way acquisition for, or actual construction of the facility for which this preliminary engineering. is.undertaken is not started by the close of the TENTH FISCAL YEAR following the fiscal year in, which this agreement is executed, State may request reimbursement of the sum or sums of Federal-Aid funds disbursed to Agency under the terms of this agreement. UTILMES 16. Agency shall relocate or cause to be relocated, all utility conduits, lines, poles, mains, pipes, .and such other facilities where such relocation is necessary in order to conform said utilities and facilities with the plans and 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 and participation; all other utility relocations shall be at the sole . expense of Agency, or others. State will arrange for utility adjustments in areas, lying within jurisdiction of State and, if State is performing the preliminary engineering. Agency may request State to arrange `for utility adjustments lying within Agency jurisdiction, acting on behalf of Agency. Revised: 04/20/93 LJW026c.th 113 5 Agency shall, five weeks prior to the opening of construction bid proposals, furnish State with an `estimate of cost for eligible 'reimbursable utility relocations, based on the plans for the project. Agency shall notify State's Liaison Person prior to proceeding with any utility relocation work in order that the work may be properly coordinated into the project and receive the proper authorization. CONSTRUCTION 17. Design Standards for all .projects shall meet the' requirements of the Intermodal Surface Transportation Efficiency Act of'1991. .In addition, all projects on the Oregon State Highway System shall be in I 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. GRADE CHANGE LIABILITY 18. 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 whichmayalter or change the grade of existing county roads are being accomplished at the direct request of theCounty: 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. CONTRACTOR CLAIMS 19. Agency .-shall provide legal defense against all claims brought .by the contractor, or others, resulting from Agency's failure to comply with the terms of this agreement: MAINTENANCE RESPONSIBILITIES- * 20. Agency shall, upon.completion of construction, thereafter,maintain and operate the project at its own cost and expense, and in a manner satisfactory to State and the FHWA. Revised: 04/20/93 L]W026c.th M3 6 WORKERS' COMPENSATION COVERAGE 21. The contractor, its subcontractors, if any* and-all employers working under this (Agreement/Contract) *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. LOBBYING RESTRICTIONS 22. Agency certifies by signing this 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, U.S. Code. Revised: 04/20/93 ` LJW026c.th#3 7 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 15, 16, and 20 are not applicable to any local agency on state highway projects: Revised: 04/20/93 . LJW026c.th#3 8