ODOT - Rail-Highway Crossings Program Project I ,
Docket No. RX 1301
Misc. Contracts-&Agreements No. 23874
LOCAL AGENCY AGREEMENT
RAIL-HIGHWAY CROSSINGS PROGRAM 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 City officials,
hereinafter referred to as "Agency".
RECITALS
1. 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.
NOW THEREFORE, the premises beingin in general as stated in the foregoing
recitals, it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. State and Agency agree to alter the highway-railroad crossing at SW Upper
Boones Ferry Road at Sequoia Parkway, Washington County, Crossing No. FD-
749.00 hereinafter referred to as "Project." Project description and scope of
work are described in Department Order No. 5.0453, marked Exhibit A, attached
hereto and by this reference made a part hereof. The total estimated cost of the
Project is less than $50,000.
2. 0.1141111 -hi-4 I
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3. The Project shall be conducted as part of the Highway-Railroad Crossings
Program under Title 23, United States Code. State shall be responsible for the
match of federal funds. Engineering, right of way, and construction costs for
the Project as depicted by Exhibit A are reimbursable under this program.
Agency shall be responsible for all costs of any additional highway work it
chooses to add to the Project which is not covered by state or federal funds.
4. 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 ten calendar years following the date all required signatures are
obtained, whichever is sooner.
5. This Agreement may be terminated by mutual written consent of both parties.
i
Agreement No. 23874
City of Tigard/ODOT Rail Division
6. 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 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.
d. 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 if State is prohibited from paying for
such work from the planned funding source.
6. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
7. 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.
8. 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, the indemnification amount shall be the maximum amount of funds
available for expenditure, including any available contingency funds or other
2
Agreement No. 2387-.
City of Tigard/ODOT Rail Division
available non-appropriated funds, up to the amount received under this
Agreement.
9. Agency shall enter into and execute this Agreement during'a duly authorized
session of its City Council.
10.This Agreement may be executed in several counterparts; (facsimile or
otherwise) all of which when taken together shall constitute one agreement
binding on all parties, notwithstanding that all parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute
an original.
11.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 he
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 as of the day
and year hereinafter written.
This Project is in the 2006-200.9 Statewide Transportation Improvement Program,
(Key #14586) that was approved by the Oregon Transportation Commission on
August 17, 2005 (or subsequently approved by amendment to the STIP).
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 a 1ine item in the biennial
budget approved by the Commission.
3
Agreement No. 23874'
City of Tigard/ODOT Rail Division
On September 15, 2006, the Director of the Oregon Department of
Transportation approved Subdelegation Order No. 2, Paragraph 2, in which
authority. is delegated to the Chief of Staff, Deputy Director, Central Services;.
Chief Financial Officer; Chief of Human Services; Chief Information Officer;Chief
of Audit Services; Support Services Branch Manager; Deputy Director,
Highways; Highway Finance Manager; Local Government Section Manager
Maintenance Engineer; Office of Alternative Partnerships Manager; Office �of
Project Delivery Manager; Region Managers; Technical Services Manager/Chief
Engineer, and Division Administrators for their respective division, to approve
and sign agreements up to $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program.
City of Tigard, by and through its STATE OF OREGON, by and through
City Council I pp on i 3 o2 its Department of Transportation
By
Craig Pros r, City Manager By.
Date o Kelly Uylor
Rail Division Administrator
Agency Contact:
Vannie Nguyen Date
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
APPROVED AS TO LEGAL
SUFF ICY
B
Y
Assistant Attorney
/General
Date: ( ( ( G 7
4
Agreement No. 23874
City of Tigard/ODOT Rail Division
ATTACHMENT NO. 1 to Agreement No. 23874
SPECIAL PROVISIONS
1. Design, construction and other work related to this Project which are
estimated to be less than $50,000, will be reimbursed by State. The Project
will be constructed by Agency Forces.
2. Agency 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.
3. Agency shall acquire right of way, if required by the Project, in accordance
with the Uniform Relocation Assistance and Real Property Acquisition Act of
1980, as amended.
4. Agency insures that all Project right of way monumentation will be conducted
in conformance with ORS 209.150.
5. Agency shall construct the Project utilizing its own forces. Agency shall
furnish all construction engineering, labor, equipment, materials, supplies,
field testing of materials, technical inspection and Project manager services
for administration of the Project.
6. Upon completion of the Project, refer to State Order No. 50453 for
maintenance responsibilities, and any other issues that are not expressly
addressed by this agreement.
7. Agency agrees to send completed plans to both the Highway Division and
Rail Division of ODOT for review and approval prior to starting construction.
5
EXHIBIT A ORDER NO. 50453
ENTERED 11/27/2006
ODOTCROSSING NO. 1713-749.00
U.S. DOT NO. 749194F
(SW.Upper Boones Ferry Rd)
ODOT CROSSING NO. FD-749.20
U.S. DOT NO. 749195M
(SW 72nd Avenue)
BEFORE THE OREGON DEPARTMENT
OF TRANSPORTATION
RX 1301
In the Matter of the Investigation on the Department's )
Own Motion into the Need for Safety Improvements at )
the Railroad-Highway Grade Crossing at SW Upper )
Boones Ferry Road and UNION PACIFIC RAILROAD ) ORDER
COMPANY, a Delaware Corporation, leased to )
PORTLAND &WESTERN RAILROAD, INC. (PNWR), )
Tillamook District, at Progress, Washington County, )
Oregon. )
In the furtherance of its duties in the administration of ORS 824.206, Rail Division staff
has investigated the adequacy of the safety at the subject grade crossings. The affected railroad is
PNWR. The public authorities in interest are City of Tigard and Washington County.
A diagnostic team reviewed the crossing sites on June 27, 2006. The team consisted of
representatives from PNWR, City of Tigard, Washington County, and ODOT Rail Division. The
diagnostic team reached agreement regarding the proposed safety improvements at the
crossings. Based upon that agreement, by letter dated October 25, 2006, staff served a
Proposed Final Order(PFO) and its Appendix for all parties to review and acknowledge their
agreement with its terms. No objections to the terms of the PFO were received from any party.
All parties in this matter have agreed that the proposed crossing alterations are required by
the public safety, necessity, convenience and general Welfare. Therefore, under ORS 824.214, the
Department may enter this Order without hearing.
The Appendix to this Order depicts the crossing vicinity at SW Upper Boones Ferry Road,
including the alignment of the roadway and track at the crossing. The track intersects the roadway
at an angle of=77 degrees. The crossing is equipped with active warning devices interconnected
with a vehicle traffic signalat the intersection of SW Upper Boones Ferry Road and SW Sequoia
Parkway. The average daily traffic volume is=18,000 vehicles at the crossing. The average
ORDER NO. 50453
speed of vehicles is=35 miles per hour(mph). There is a daily average of 6 freight trains and 2
switch trains over the crossing at a maximum authorized speed of 25 mph. There have been no
reported train-vehicle collisions at the crossing in the last 10 years.
it is proposed to upgrade the traffic signal interconnection at the.intersection of SW Upper
.Boones Ferry Road and SW Sequoia Parkway to improve safety and comply with the
Department's Traffic Signal guidelines. Upgrading the traffic:signal interconnection,requires
existing train detection equipment to be upgraded at the grade crossing. The upgraded
interconnection will provide train preemption of traffic signal phases with a pedestrian clear-out
interval (PCOI) and a vehicle clear-out interval (VCOI)to permit vehicular traffic to clear the tracks
before a train enters the crossing. The VCOI will use a GREEN signal aspect. The interconnected
crossing and traffic signal system shall operate such that when an approaching train is detected,
the normal operation of the pedestrian signals will be preempted to provide a PCOI of
=16 seconds. Railroad switching within the control limits of-the crossing may abbreviate the PCOI.
Following the PCOI, the operation of the train detection equipment will activate the crossing signals
at each crossing, preempt the normal operation of the traffic signals, and provide a VCOI. The
signal activation circuitry at the nearby SW 72"d Avenue grade crossing requires upgrading to be
compatible with the upgraded activation circuitry at SW Upper Boones Ferry Road.
From the foregoing, the Department finds that the proposed crossing alterations are
required by the public safety, necessity, convenience and general welfare, and that it is
appropriate to authorize expenditure of federal funds, as set forth in ORS 824.240(3) and
824.250, in the amount agreed upon by the parties.
IT IS THEREFORE ORDERED that:
1. The authority to alter the crossing is granted. The ordered alterations shall be completed
within 18 months from the entered date of this Order. No authority to establish a Quiet
Zone is granted by this Order.
2. City of Tigard, shall:
a. Subject to reimbursement as set forth below, reprogram the existing traffic signal
controller at the intersection of SW Upper Boones Ferry Road and SW Sequoia
Parkway to accommodate the PCOI and VCOI as operations described above in the
body of this Order, and as depicted in the Appendix to this Order.
b. Subject to reimbursement as set forth below, upgrade the interconnection between the
existing vehicle traffic signal case and the existing crossing signal case. The
interconnection shall provide train preemption of the normal operation of the traffic signals
with a PCOI and VCOI described above in the body of'this.Order, and as depicted in the
Appendix to this Order.
C. Subject to reimbursement as set forth below,.remove the previously ordered part-time
STOP HEREON RED and PROCEED ON FLASHING YELLOW restriction signs.
d. Ensure,compliance with all provisions of OAR 741-115-0040 for the traffic signal
interconnection at the intersection of SW Upper Boones Ferry Road and SW Sequoia
Parkway.
2
ORDER NO. 50453
e. Maintain the interconnection circuitry on the public authority side of the contact terminals
in the interface box, that portion of the crossing lying outside lines drawn perpendicular to
the end of ties at the crossing, and bear all the costs.
3. PNWR shall:
a. Subject to reimbursement as set forth below, upgrade the existing train detection
equipment circuitry to accommodate the ordered PCOI and VCOI operations as
described in the body of this order, and as depicted in the Appendix to this Order.
b. Subject to reimbursement as set forth below, furnish and install an interface box
on the new signal case, equipped with,contact terminals and interconnection
circuitry on the railroad side of the contact terminals to facilitate the train
preemption as described above.
C. Subject to reimbursement as set forth below, upgrade the signal activation
circuitry at the SW 72nd Avenue grade crossing to be compatible with the
activation circuitry at the Upper Boones Ferry Road crossing.
d. Maintain the ordered traffic signal interconnection circuitry on the railroad side
of the contact terminals in the interface box, that portion of the crossing lying
between lines drawn perpendicular to the end of ties, and bear all the costs.
e. Notify the Rail Division of the Department in writing or by facsimile transmission
not less than five working days prior to the date that the ordered traffic signal
interconnection circuitry will be activated and placed in service.
4. Each party shall notify the Rail Division of the Department in writing upon completion of its
portion of the project.
5. Using SAFETEA-LU Section 1401 federal funds, the Department shall bear 100 percent
of the cost of work items in Paragraphs 2.a., 2.b., 2.c., 3.a., and 3.b., 3.c., above.
6. Upon completion of the ordered reimbursable work, UPRR and City of Tigard, shall present
claims for reimbursement for Department approval.
All previous Orders of the Public Utility Commission or the Department pertaining to this
crossing, not in conflict with this Order, remain in full effect.
Made, entered, and effective
ply Ta or
GAWG_RAILVORDERSM 1301 Order SW Upper Booms Fy Rd Tigard.doc Rail Division Administrator
3
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Docket No. RX 1301
Misc. Contracts&Agreements No.-23874
ATTACHMENT NO. 2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway
Administration (FHWA) by the administration of this Project, and Agency (i.e.
county, city, unit of local government, or other state agency) hereby agrees
that State shall have full authority to carry 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 Agency in other matters pertaining to the
Project. Agency shall, if necessary, appoint and direct the activities of a
Citizen's Advisory Committee and/or Technical Advisory Committee, conduct
a hearing .and recommend the preferred alternative. 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 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 on behalf of FHWA prior to advertisement for bid proposals, regardless
of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may . perform 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 services consultant to
perform any work covered by this Agreement, Agency and Consultant shall
enter into a State reviewed and approved personal services contract process
and resulting contract document. State must concur in the contract prior to
beginning any work. State's personal services contracting process and
resulting contract document will follow Title 23 Code of Federal Regulations
(CFR) 172, Title 4.9 CFR 18, ORS 279A.055, the current State Administrative
Rules and State. Personal Services Contracting Procedures as approved by
the FHWA. Such personal services 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
STDPRO-2006.doc
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Agreement No. 23874'
City of Tigard/ODOT Rail Division
State to proceed. Any amendments to such contract(s) 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 andr the
Oregon Constitution, agrees to accept all responsibility, defend 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 UNITED STATES DEPARTMENT OF
TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance, Agency has submitted and the United States
Department of Transportation (USDOT) has approved a Disadvantaged
Business Enterprise Affirmative Action Program which 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 from USDOT to Agency
of its failure to carry out the approved program, USDOT shall impose such
sanctions as noted in Title 49, CFR, Part 26, which sanctions may include
termination of the agreement or other measures that may affect the ability of
Agency to obtain future USDOT financial assistance.
6. Disadvantaged Business Enterprises (DBE) Obligations. State and its
contractor agree to ensure that DBE as defined in.Title 49, CFR, Part 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
Title 49, CFR, Part 26, to ensure that DBE 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. Agency shall carry out
applicable requirements of Title 49, CFR, Part 26, in the award and
administration of such contracts. - Failure by Agency to carry out these
requirements is a material breach of this Agreement, which may result in the
termination of this contract or such other remedy as State deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all
subcontracts entered into under this Agreement.
STDPRO-2006.doc 7
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Agreement No. 23874
City of Tigard/ODOT Rail Division
8. Agency agrees to comply with all applicable civil rights laws, rules and
regulations, including Title V and Section 5.04 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.
9. 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 ORS 279C.505, 279C.515, 279C.520: 279C.530 and 2791 270
incorporated herein by reference and made a part hereof* Title 23 CFR Parts
1.11, 140, 710, and 771; Title 49 CFR Parts 18 24 and 26• OMB
CIRCULAR NO. A-87 and NO. A-133 Title 23 USC Federal-Aid Highway
Act; Title 41, Chapter 1, USC 51-58 Anti-Kickback Acto Title 42 USC; Uniform
Relocation Assistance and Real Property Acquisition Policy Act of 1970 as
amended and provisions of Federal-Aid Policy Guide (FAPG)
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
10.State shall submit a Project funding request to 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
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.
FINANCE
11.State shall, in the first instance, pay all reimbursable costs of the Project,
submit all claims for federal-aid participation to 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,
STDPRO-2006.doc 8
Rev. 7-3-2006
Agreement No. 238.74
City of Tigard/ODOT Rail Division
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
12.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.
13.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.
14.State shall prepare contract and bidding, documents, advertise for bid
proposals, and award all contracts.
15.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, check final
quantities and costs, and oversee and provide intermittent inspection services
during the construction phase of the Project.
16.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
17.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 State's (Right of
Way Manual and have obtained prior approval from State's Region Right of
Way office to do such work.
STDPRO-2006.doc 9
Rev. 7-3-2006
1
Agreement No. 23874
City of Tigard/ODOT Rail Division
18.Regardless of who acquires or performs any of the right of way activities, a
right of way services agreement shall be created by State's 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 State's Region Right of Way offices on all projects.
All projects must have right of way certification coordinated through State's
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 State's Region Right of Way office for additional
information or clarification.
19.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 Policies Act of 1970, as amended, 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.
20.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 and FHWA of the required
proportionate shares of the fair market value may be required.
21.Agency insures that all Project right of way monumentation will be conducted
in conformance with ORS 209:155.
22.State and Agency grants each other authority to enter onto the other's right of
way for the performance of the Project.
AGENCY OBLIGATIONS
FINANCE
23.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.
24.Agency's estimated share and advance deposit.
STDPRO-2006.doc 10
Rev. 7-3-2006
Agreement No. 23874-
City of Tigard/ODOT Rail Division
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 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 construction contract. Any additional balance of the deposit, based on
the actual bid must be received within 45 days of receipt of written
notification by 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 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.
25.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 FHWA will not
participate. If Agency has 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 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.
26.Costs incurred by 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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27.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
State was the sole cause of the cancellation, 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 State .or Agency, either
directly or through contract services, and 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.
28.Agency shall follow requirements of the Single Audit Act. The requirements
stated in the Single Audit Act must be followed by those local governments
and non-profit organizations receiving $500,000 or more in federal funds. The
Single Audit Act of 1984, PL 98-502 as amended by PL 104-156, described in
"OMB CIRCULAR NO. A-133", requires local governments and non-profit
organizations 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.
29.Agency shall make additional deposits, as needed, upon request from State.
Requests for additional deposits shall be accompanied by an itemized
statement of expenditures and an estimated cost to complete the Project.
30.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 Title 23 CFR Parts 1.11, 140 and 710,
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 shall
not be eligible for reimbursement.
31.The cost records and accounts pertaining to work covered by this Agreement
are to be kept available for inspection by representatives of State and FHWA
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City of Tigard/ODOT Rail Division
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 (Title 49 CFR 18.42).
32.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) 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;
b) 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) Construction proceeds after the Project is determined to be
ineligible for .federal-aid funding (e.g., no environmental
approval, lacking permits, or other reasons).
33.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
34.Agency shall follow State established policy and procedures when impacts
occur on railroad property. The policy and procedures are available through
State's appropriate Region contact or State's Railroad Liaison. Only those
costs allowable under Title 23 CFR Part 646, subpart B and Title 23 CFR Part
140, subpart I, shall be included in the total Project costs; all other costs
associated with railroad work will be at the sole expense of Agency, or others.
Agency may request State, in writing, to provide railroad coordination and
negotiations. However, State is under no obligation to agree to perform said
duties.
UTILITIES
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City of Tigard/ODOT Rail Division
35.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, Title 23 CFR 645A, shall be included in the total Project costs; all'other
utility relocations shall be at the sole expense of 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, State is
under no obligation to agree to perform said duties.
36.Agency shall follow established State utility relocation policy and procedures.
The policy and procedures are available through the appropriate State's
Region Utility Specialist or State's Right of Way Section Railroad Liaison, and
Utility Engineer.
STANDARDS
37.Agency agrees that 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 "State 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".
38.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.
39.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".
40.All plans and specifications shall be developed in general conformance with
the current "Contract Plans Development Guide" and the current "Oregon
Standard Specifications for Highway Construction" and/or guidelines
provided.
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City of Tigard/ODOT Rail Division
41.The standard unit of measurement for all aspects of the Project may be either
System International (SI) Units (metric), or English Units. However, all
Project documents and products shall be in one or the other unit of
measurement. This includes, but is not limited to, right-of-way, environmental
documents, plans and specifications, and utilities. It should! be ,recognized
that the State is currently transitioning to English, and will 'be completely
English by 2006.
GRADE CHANGE LIABILITY
42.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.
43.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.
44.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
45.Agency shall, to the extent permitted by state law, indemnify, hold harmless
and provide legal defense for State against all claims brought by the
contractor, or others resulting from Agency's failure to comply with the terms
of this Agreement.
46.Notwithstanding the foregoing defense obligations under paragraph 45,
neither Agency nor any attorney engaged by Agency shall defend any claim
in the name of the State of Oregon or any agency of the State:of Oregon, nor
.purport to.act as legal representative of the State of Oregon or any of its
agencies, without the prior written consent of the Oregon Attorney General.
The State of Oregon may, at anytime at its election assume its own defense
and settlement in the event that it determines that Agency is prohibited from
defending the State of Oregon, or that Agency is, not adequately defending
the State of Oregon's interests, or that an important,governmental principle is
STDPRO-2006.doc 15
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Agreement No. 23874,
City of Tigard/ODOT Rail Division
at issue or that it is in the best interests of the State of Oregon to do so. The
State of Oregon reserves all rights to pursue any claims it may have against
Agency if the State of Oregon elects to assume its own defense.
MAINTENANCE RESPONSIBILITIES
47.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 FHWA.
WORKERS' COMPENSATION COVERAGE
48.All employers, including Agency that employ subject workers who work
under this Agreement in the State of Oregon shall comply with ORS
656.097 and provide the required Workers' Compensation coverage
unless such employers are exempt under ORS 656.126. Agency shall
ensure that each of its contractors complies with these requirements.
LOBBYING RESTRICTIONS
49.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,
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Agreement.No. 23874
City of Tigard/ODOT!Rail Division
and cooperative agreements) which exceed $100,000, and that all such
subrecipients shall certify and disclose accordingly.
D. 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 Title 31, USC Section 1352.
E. 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 35, 36, and 47 are not applicable to any local agency on state
highway projects.
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Cont. Date Exp. Date Name Referred to File Reference# Security Class
Abstract Keywords
flAlLwHIUHWNY
IMPROVEMENT
AGREEMENT
STATE OF OREGON
INTERGOVERNMENTAL
ODOT'
LOCAL AGENCY
RAIL-HIGHWAY CROSSING PROGRAM PROJECT
LOCAL AGENCYAGREEMENT
RAIL CROSSING
ODOT:N_ O. 23874.RX 1301
UPPER BOONES,FERRY ROAD
RAILROAD CROSSING BETWEEN 72ND AVENUE AND 1-5
SEQUOIA PARKWAY
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