ODOT - Tiedeman Bridge Replacement r
Wn
November 8, 1994
DEPARTMENT OF
TRANSPORTATION
City of Tigard DEC U WE
Randy Wooley, City Engineer D
13125 SW Hall Blvd. NOV ' 7 199
Tigard, ,OR 97223
CITY OF, ,TIG A RD FILE CODE:
AGR
Attached for your records is a fully executed copy of an agreement to replace the existing
two-lane structure on Tiedeman Avenue with a wider 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
r
July 29, 1994
Misc. Contracts &.Agreements
No. 12,951
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 ORS 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.
2. Under such authority, State and Agency plan and propose to replace the existing two-
lane structure (Br. No. 67T005) on Tiedeman Avenue with a wider and longer structure
which will include transitions to the future roadway alignment 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 (HBRR) 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. 12,9.51
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"WY-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.
APPRO ECDED STATE OF OREGON, by and through
its Department of Transportation
By
Region Manager
By
Pr ra Services M ag
Date /j IV1911
APPROVED AS TO CITY OF TIGARD, by and
LEGAL SUFFICIENCY through its Electe Officials
By '-�, BY
City Counsofyor
Y �
Recorder
Date q!X2 4
2
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TIGARD ST.
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TIEDEMAN AVE. VICINITY MAP
DRAWN BY
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CITY OFMARD
SCALE nLE NAME
OREGON
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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. 12,951
r
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.
LE &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
LJW026c.th N3
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
action,program is incorporated into this financial'assistance agreement by reference.
That ,program shall be treated as a legal obligation and failure to carryout 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 US.
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 1,973 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
L)W026c.th 113 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 shallfurnish 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.
PROTECT 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 #3 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
$2500 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-aid participation 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
P
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 arej 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.
DELAYED STARTING 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.
UTILITIES
* 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 GFR 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 marequest State to arrange for utility adjustments lying..
within Agency jurisdiction, acting on'behalf of Agency.
Revised: 04/20/93
LJw026c.th a3 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 shallbe 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.
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 constructioti of the project which may alter
or change the grade of existing county roads are being accomplished at the direct
request of the County.
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 #3 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
rdliance 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