Resolution No. 97-34 40
CITY OF TIGARD,OREGON e l 1
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RESOLUTION NO.97-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN A
COOPERATIVE IMPROVEMENT AGREEMENT FOR DESIGN AND CONSTRUCTION OF '.
IMPROVEMENTS TO GREENSURG ROAD AT HIGHWAY 217.
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WHEREAS, County funding and Local Surface Transportation Program(STP)funding are available for
improvements to Greenburg Road from Shady Lane,through the overcrossing at Highway 217.to just pastij
the Washington Square Drive Intersection;andr '
WHEREAS,City Council approved Resolution 95-30 authorizing the Mayor and City Recorder to sign an
t agreement for design of these improvements to Greenburg Road;and
WHEREAS,.Resolution 95-30 states that the design of the project would be performed by the Oregon "
Department of Transportation(ODOT);and ,s �
WHEREAS, a Supplemental Intergovernmental Agreement is required to expand ODOT's responsibilities
to include the bid and construction phases of the project until completion;and t ,
WHEREAS;the project design has basically been completed with bid advertisement for construction of the
improvements scheduled for early September 1997;and
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WHEREAS, ODOT requires approval of the Supplemental Intergovernmental Agreement by Washington
County and the City of Tigard before proceeding with the bid and construction phases of the project;andki
:WHEREAS,the City Council finds that the project will be a benefit to the motoring public. � � a
NOW,THEREFORE,BEIT RESOLVED by the Tigard City Council that
SECTION 1: The Mayor and City Recorder are hereby authorized to sign,on behalf of the City of °=`
Tigard,the Supplemental Intergovernmental Agreement attached hereto as Exhibit"A".
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PAS' ntt
This f'—`day o .�Gfl 1997.
i�
ayor-City of Tigard t "
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ATTEST:
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:City Recorder-City of Tigard' t `
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IICRYWiOElSUM1SIGARES DOC .a
RESOLUTION NO.97-.J Y/
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t ; Misc.Contracts&Agreements
No.13489
SUPPLEMENT NO.1
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fi THE STATE OF OREGON, acting by and through its Department of Transportation,
hereinafter referred to as"ODOT";WASHINGTON COUNTY, a political subdivision of
the State of Oregon, acting by and through its Board of County Commissioners,
hereinafter referred to as "COUNTY"; and the CITY OF TIGARD, also a municipal x
corporation of the State of Oregon, acting by and through its Elected Officials,
hereinafter referred to as"CITY"entered into Preliminary Engineering Agreement No. fie
13489 on September 21,1995. Said agreement covers design of certain roadway
improvements on Greenburg Road at the Highway 217 interchange,hereinafter referred
to as"PROJECT'.
It has now been determined by ODOT, COUNTY, and CITY that the agreement
referenced above,although remaining in full farce and effect,shall be amended by this
supplement No.1 in order to include additional items of work and funding.
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RECITALS-Paragraph No.3 of original agreement which reads as follows:
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"3 Under such authority and for the purpose of providing acceptable traffic
patterns on public highways,COUNTY and CITY have requested ODOT
to widen Greenburg Road where it crosses Beaverton-Tigard Hwy.to
two through lanes in each direction plus other associated improvements Fr
necessary for the smooth flow of traffic, hereinafter referred to as
"PROJECT'.The location of the PROJECT is approximately as shown
on the map attached hereto,marked"Exhibit A",and by this reference
made a Parth.:....,f. .This anreeman4 covers only the. ciirY2(r'
engineering and design portion of the PROJECT." V preliminary
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Shall be amended to read:
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"3. Under such authority and for the purpose of providing acceptable traffic
patterns on public highways,COUNTY and CITY have requested ODOT ;
to widen Greenburg Road where it crosses Beaverton-Tigard Hwy. to
two through lanes in each direction plus other associated improvements
necessary for thesmoothflow of traffic, hereinafter referred to as
'PROJECT'.-The location of the PROJECT is approximately as shown
on the map attached hereto, marked"Exhibit A", and by this reference
made a part hereof. This agreement covers all phases of work including
Key 08675
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M.C.&A.NO.13489
$ SUPPLEMENT NO.1
WASHINGTON COUNTY
' CVTY OF TIGARD
preliminary engineering, right-of-way acquisition, construction, and
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maintenance."
RECITALS Paragraph No.4 which reads as follows:
"4. The PROJECT preliminary engineering and design will be financed with
a maximum of $215,000 in MSTIP (Major Street Transportation
Improvement Program) funds provided by COUNTY and at no cost to
ODOT or CITY."
Shall be amended to read:
"4.The CITY and COUNTY are financing 100 percent of this PROJECT at
no expense to COOT. All phases of the PROJECT will be financed with
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j a maximum of $1,995,000 in MSTIP (Major Street Transportation
Improvement Program) funds provided by COUNTY and with a
maximum of$400,000 of STP (33D funds from 2040 Reserve) and
matching funds provided or authorized by CITY under Title 23, United
States Code(USC), and the Oregon Action Plan. All cost overruns
beyond the amount shown in contract contingencies are the
responsibility of CITY and COUNTY and will require approval from both
City and County. Current contingencies estimate is$69,000. In no case
will the combined amount of$2,395,000 be exceeded without approval
from both COUNTY and CITY in the form of a supplement to this
agreement entered into as mutually agreed upon by all parties to this
agreement.- CITY, COUNTY, and COOT shall re-negotiate funding
responsibilities if the contractor bids come in higher than estimated and 3,
push the project costs above $2,395,000 or if the contract overruns
beyond the contract amount. In no case shall any PROJECT costs be
funded with State Highway funds.
RECITAL Paragraphs No.7 and 8"shall be added as follows:
"T ODOT and Washington County entered into agreement No.6304 on
November 16,1977 for the installation of traffic control signals at the
° north and southbound ramp terminals of Beaverton-Tigard Highway and
Greenburg Road. Said agreement shall be replaced by this agreement
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M"C.&A.NO.13489 v
SUPPLEMENT NO,1
WASHINGTON COUNTY
CITY OF TIGARD
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and maintenance and power responsibilities are being revised with this
agreement.
8. The Standard Provisions attached hereto,marked Attachment 2,are by w
this reference made a part hereof. The Standard Provisions apply to all
federal aid projects and may be modified only by the ODOT,COUNTY
AND CITY OBLIGATIONS of this agreement and supplements to thi; d
agreement. The parties hereto mutually agree to the terms anc
conditions set forth in Attachment 2. In the event of a conflict, thi!
agreement shall control over the attachment,and ODOT,COUNTY,an,
CITY OBLIGATIONS shall control over Attachment 2. For the purpos
of this PROJECT only, references in Attachment 2 to "Agency" she
pertain to CITY as this PROJECT is partially financed with CITY
allocated federal funds." �?
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ODOT OBLIGATIONS Paragraph No.1 which reads as follows: `
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j "1. ODOT shall,at PROJECT expense,conduct the necessary field surveysw't
t and traffic investigations;and perform all preliminary engineering and $
3 design work required to produce plans,specifications and estimates."
Shall be amended to read:
"1. COOT shall,at PROJECT expense,conduct the necessary field surveys s
and traffic investigations;perform all preliminary engineering and design
work required to produce clans, specifications and estimates; be
responsible for the monitoring of the acquisition of necessary right-of-
way(right-of-way issues are to be further addressed in a supplemental °
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Right-of-Way Services agreement); advertise for bid proposals, award �m�t
all "contracts, ;pay all contractor costs, furnish'all construction <`
engineering,materials testing and technical inspection,conduct all right- �
of-way survey and monumentation,and provide PROJECT management
services for administration of the contract."
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COOT OBLIGATIONS Paragraph No.2 which reads as follows: "Au-
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M.C.&A.NO.13489
'SUPPLEMENT NO.i
WASHINGTON COUNTY
CITY OF TIGARD
"2. ODOT shall, upon execution of this agreement, request COUNTY to
forward an advance deposit for the full estimated cost ($215,000) to
" design this PROJECT."
Shall be amended to read: k
2. ODOT shall, upon execution of this agreement, request COUNTY to >
forward an advance deposit for the full estimated cost ($250,000) to
design this PROJECT. ODOT will request the advance of remaining
funds from COUNTY and CITY prior to the advertisement of the
PROJECT. Said remaining funds are to be used to finance the
construction and final monumentation of the PROJECT (with the
exception of Right-of-way acquisition estimated at$50,000 which will be „
conducted by COUNTY at PROJECT expense).When the actual total
cost of the project has been computed, ODOT shall furnish CITY and
COUNTY with itemized statements of final costs. CITY and COUNTY
shall pay any amount which,when added to said advance deposit,will w
equal 100%of the final total actual cost. Any portion of deposits made
in excess of the final total costs of project shall be released to CITY and
COUNTY accordingly. PROJECT costs are not to exceed a total of
$2,395,000 without prior approval from both COUNTY and CITY and a` t
fully executed supplement to this agreement."
ODOT OBLIGATIONS Paragraph No.3 which reads as follows +
"3. MOT shall compile accurate cost accounting records and furnish
COUNTY with monthly itemized statements of said preliminary
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engineering and design costs."
Shall be amended to read_ �
"3. ODOT shall compile accurate cost accounting records and furnish
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COUNTY and CITY with monthly itemized statements of said preliminary
engineering, design,right-of-way monitoring, and construction costs.
COUNTY and/or CITY may request a statement of costs to date at any
time by submitting a written request."
ODOT OBLIGATIONS Paragraph No.4 which reads as follows:
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M.C.&A.NQ_ 13489
SUPPLEMENT NO. 1-
' WASHINGTON COUNTY
CITY OF TIGARD
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"4. ODOT shall, upon execution of this agreement,provide a schedule for
preliminary engineering and design work. The schedule will be reviewed
' and approved by COUNTY and CITY prior to commencing work on the t
PROJECT. The $215,000 cost for PROJECT preliminary engineering
and design work is fixed. Any changes to the schedule or cost estimate
identified by any party to this agreement must be reviewed and
approved by the other parties to this agreement. A new schedule and
cost estimate,as needed,will be provided by ODOT. A supplement to
this agreement will be required for any PROJECT cost increase above t a
$215,000."
Shall be amended to read: f
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"4. ODOT shall, upon execution of this agreement,provide a schedule for �
preliminary engineering and design work. The schedule will be reviewed
and approved by COUNTY and CITY prior to commencing work on the
PROJECT. The$250,000 cost for PROJECT preliminary engineering
and design work is fixed. Any changes to the schedule or cost estimate
identified by any party to this agreement must be reviewed and t
approved by,the other parties to this agreement. A new schedule and
cost estimate,as needed,will be provided by ODOT. A supplement to � 4
this agreement will be required for any PROJECT preliminary c
engineering or design cost increase above$250,000." t
ODOT...®LivvATi0id5Paragraphs No.S.6,7,&8 shall be added as follows:
"5: COOT shall name COUNTY and CITY in the construction contract and
performance bond as a beneficiary of said documents,expressly entitled
to independently enforce their terms directly against the contractor and .
surety.;ODOT shall specify that COUNTY,its Commissioners,employees x
and agents; and the CITY its elected officials, employees, and agents
shall be named as insured'in all insurance documents.
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6. COOT shall provide COUNTY and CITY with a"minimum of three weeksVOW-
to review and comment on the design and estimates,at completion of
preliminary engineering and prior to completion of final design.
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M.C.&A.NO.13489
SUPPLEMENT NO.1
WASHINGTON COUNTY
CITY OF TIGARD
7. ODOT shall,upon PROJECT completion and at its own expense,remain
responsible for maintaining the structural integrity of the Greenburg
Road structure crossing over Beaverton_- Tigard Hwy. ODOT shall
perform signal and ramp meter maintenance and operation of the north
and southbound ramp terminals, all illumination installed within the
interchange access control limits and any traffic signal interties related to r
the PROJECT. ODOT shall retain complete control of the timing x=
established for operation of the PROJECT traffic signals. Any requests
for changes in the traffic signal timing will be subject to review and
approval by ODOT.
8. ODOT shall bill COUNTY annually for 50 percent of power and
maintenance costs associated with the traffic signals and related
illumination at the north and southbound ramp terminals."
COUNTY OBLIGATIONS Paragraph No.1 which reads as follows:
"1.The COUNTY hereby grants ODOT the exclusive right to enter onto and „r
occupy COUNTY right-of-way for the performance of the preliminary t
s engineering and surveying,associated with the PROJECT.
Shall be amended to read: w
1. COUNTY hereby grants ODOT the exclusive right to enter onto and
Occupy its COUNTY.rig ht-of-way for the performance of the p limy
engineering, surveying,r inspection, construction, monumentation and
installation of the improvements as outlined herein associated with the
PROJECT."
COUNTY OBLIGATIONS Paragraph No.2 which reads as follows:
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"2_ The COUNTY shall,upon execution of this agreement and notification
from ODOT,forward to ODOT a maximum of$215,000 for the estimated
ai :costs of preliminary engineering and designof the-PROJECT.
Additional`advance deposit requests will not be made=without-a
supplement to this agreement."
Shall be amended to read as follows:
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M.C.&A.NO.13489
SUPPLEMENT NO.1
WASHINGTON COUNTY
CITY OF TIGARD
"2. The COUNTY shall, upon execution of this agreement and notification
from COOT,forward to ODOT a maximum of$250,000 for the estimated
costs of preliminary engineering and design of the PROJECT.COUNTY
will forward an advance of remaining COUNTY funds prior to the s'
scheduled advertisement of the PROJECT. Said remaining funds are to
be used to finance the construction and final monumentation of the
PROJECT(with the exception of Right-of-way acquisition estimated at
$50,000 which will be conducted by COUNTY at PROJECT expense). t,'=
No contracts shall be awarded until said deposits have been received by
ODOT. A supplement to this agreement will be required if the total cost
for design,construction,right-of-way acquisition,and monumentation of
this PROJECT is to exceed $2,395,000. COUNTY agrees to
renegotiate funding responsibilities with CITY if the contractor bids come x,
in higher than estimated and push the project costs above$2,395,000 or
if the contract overruns beyond the contract amount. COUNTY agrees
to make additional deposits as needed upon request from ODOT."
COUNTY OBLIGATIONS Paragraphs No.5,6,7,8&9 shall be added as follows:
"5. The COUNTY shall, within three weeks, review'and;approve the
PROJECT plans and specifications.
6. The COUNTY shall, upon completion of the PROJECT, continue to
maintain ail roadway and right-of-way within its jurisdiction at its own �+ '
expenseincluding theroadwaysurface of the structure crossing over
Beaverton-Tigard Highway. County shall also be responsible for all
landscaping and irrigation and all traffic signals and illumination beyond
the['emits of the Greenburg Road interchange. x ;
7. The COUNTY shall,,upon"completion of the PROJECT, reimburseqg1='
ODOT annually for 50 percent of all electrical power and maintenance
costs of the traffic signals and associated illumination located;at the
# north and southbound ramp terminals of the interchange.:-Maintenance
and power responsibilities for all other PROJECT traffic signals and
illumination is to be determined by COUNTY and CITY. '
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M.C.&A.NO.13489
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SUPPLEMENT NO.1
a .WASHINGTON COUNTY
CITY OF TIGARD
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8. 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."
9. The COUNTY shall, at PROJECT expense, obtain all Right-of-way
necessary for the PROJECT(estimated at$50,000). Said acquisition will
be monitored by ODOT and will be addressed further in a supplemental
Right-of--way Services agreement. COUNTY agrees that right-of-way
activities shall be in accord with the Uniform Relocation Assistance&
Real Property Acquisition Policy Act of 1970,as amended, State's Right
of Way Manual and the Code of Federal Regulations,Title 23, Part 74D
cs„3 and Title 49,Part 24.
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). COUNTY should contact ODOTs Region Right of Way office for
additional information or clarification.
COUNTY shall enter into and execute this supplemental agreement during a duly
authorized session of its Board of Commissioners.
CITY OBLIGATIONS Paragraph No.1 which reads as follows:
"1.-CITY hereby grants ODOT the exclusive right to enter onto and occupy
its CITY right-of-way for the performance of the preliminary engineering,
surveying,inspection,construction and installation of the improvements
as outlined herein associated with the PROJECT.”
$ Shall be change to read:
"1. CITY hereby grants ODOT the exclusive right to enter onto and occupy
its CITY right-of-way for the performance of the preliminary engineering,
surveying, inspection, construction, monumentation and installation of
the improvements as outlined herein associated with the PROJECT."
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M.C.&A.NO.13489
SUPPLEMENT NO.1
WASHINGTON COUNTY
CITY OF TIGARD
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CITY OBLIGATIONS Paragraphs No.3,4,5,&6 shall be added as follows:
"3. CITY shall within three weeks review and-approve the PROJECT plans
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and specifications,and promptly issue necessary CITY required permits
(at no expense to PROJECT or ODOT). ;
4.CITY shall,upon notification by ODOT,forward an advance deposit for its y
share of the project construction and monumentation costs. For the
advance deposit, CITY shall provide_541,080 in local match and will
authorize ODOT the use of$358,920 in CITY'S STP funds.A supplement
to this agreement will be required if the total cost for design,
construction, right-of-way acquisition, and monumentation of this
PROJECT is to exceed$2,395,000. ODOT will not award any contracts
prior to receipt of said deposits. w
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5. CITY shall,upon completion of the PROJECT, continue to maintain all
roadway and right-of-way within its jurisdiction at its own expense '��
including all landscaping, irrigation, drainage and all pavement
surrounding vehicle detector loops. ¢ a
6. "CITY by execution of this agreement,does hereby give its consent as "
required by ORS 373.030(2)to any and all changes of grade within the ,
CITY limits, if any there be, in connection with or arising out of the
PROJECT covered by this agreement. ;-City,<hereby accepts
responsibility for all claims for damages from said grade changes." ' t a
CITY shall enter into and execute this agreement during an official meeting
of its City Council.
GENERAL PROVISIONS Paragraph No.1 which reads as follows:
ODOT standards shall be used when designing any,portion of the
PROJECT within COOT right-of-way."
Shall be amended to read:
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m„sy,; ¢..
M.C.&R:NO.13489 �
SUPPLEMENT NO.1
a
WASHINGTON COUNTY ,
CITY OF TIGARD z ;
"1. All federal requirements must be met for each phase of the PROJECT as k3e
federal funds will be used on certain elements and phases of the $,_
PROJECT. Y
GENERAL PROVISIONS Paragraphs No.3,4,5,6,7,8&9 shall be added as follows: `
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"3. ODOT,COUNTY and CITY agree and understand that a mutual review
of the PROJECT plans and specifications will be conducted prior tornSk
_ ODOT's advertisement for construction.bid proposals. k
4. CITY and COUNTY guarantee the availability of CITY and COUNTY
9 q y project. CITY and a
funding in an amount required to full fund the
COUNTY further guarantee that adequate funds are available prior to $ a
advertisement for bids to accommodate 110 percent of the engineer's
:estimate. g' ~ "'
5. ODOT's new access control limits will run along Greenburg Road
from Washington Square Road to Cascade Blvd. If right-of-way is
purchased for the PROJECT within these limits,it will also include access
control. in the areas not requiring right-of-way purchase, CITY and
COUNTY agree to not issue any new access permits to Greenburg Road
and" will took for opportunities to close existing accesses when
redevelopment occurs_
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sUPPl a„e.,,al agreement snail become effective upon execution
of this agreement by all parties
7. This agreement may be terminated by mutual consent of all parties
upon 30 days notice, in writing and delivered by certified mail or inty ,
person.
ODOT may terminate this agreement effective upon delivery of written
notice to COUNTY and CITY,or at such later date as may be established
by ODOT, under any of the following conditions, but not limited to these
conditions.
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a M.C.&A.NO.13489
SUPPLEMENT NO.1
k WASHINGTON COUNTY
CITY OF TIGARD
tis a. If COUNTY or CITY fails to provide services called for by
this agreement within the time specified herein or any extension
thereof.
b. If COUNTY or CITY fails to perform any of the other
provisions of this agreement, or so fails to pursue the work as to
r endanger performance of this agreement in accordance with its
terms,and after receipt of written notice from ODOT fails to correct
` such failures within 10 days or such longer period as ODOT may
authorize.
C. If ODOT fails to receive funding, or appropriations,
` limitations or other expenditure authority at levels sufficient to pay
for the work provided in the agreement.
Any termination of this agreement shall not prejudice any rights or
obligations accrued to the parties prior to termination.
8. All parties shall comply with all federal, state, and local laws,
regulations, executive orders and ordinances applicable to the work
under this agreement,including;without limitation,the provisions of ORS
279.312,279.314, 279.316, 279.320, and 279.555, which hereby are
incorporated by reference. Without limiting the generality of the
foregoing the parties expressly agree to comply with{q Title VI of Civil
Rights Act of 1964;(ii)Section V of the Rehabilitation Acts of 1973;(iii)
the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all
regulations and administrative Qufe established pursuant to the foregoing
laws; and(v)all other applicable requirements of federal and state civil
rights and rehabilitation statutes,rules,and regulations.
a 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
c unless in writing and signed by both parties and all necessary approvals
6
have been obtained. Such waiver, consent;modification or change, if
made:shall be effective only in the specific instance and for the specific
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M.C.&A.NO.13489 ` k
Q SUPPLEMENT NO.1
k WASHINGTON COUNTYz
CITY OF TIGARD � Au
given. The failure of ODOT to enforce an t
purpose g y provision y of this
agreement shall not constitute a waiver by ODOT of that or any other
provision."
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M.C.&A.NO.13489
SUPPLEMENT NO.1
WASHINGTON COUNTY
CITY OF TIGARD
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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 by the Oregon Transportation Commission as a partof the z
1996-1998 Transportation Improvement Program on page 47(City's use of STP funds) K M`
and on page 49.
On March 7,1996 the Oregon Transportation Commission adopted Delegation Order 2, w
which grants authority to the Region Manager to approve and execute agreements for
work in the current Statewide Transportation Improvement Program.
APPROVAL RECOMMENDED ^`
STATE OF OREGON, by and through its
6y De e of Transp on
Regi Project Delivery Mgr.
1
Region Manager
By
.,a Stat T fic Engineer Date f— _Z7 st,
B3
REV D FOR COOT" / M WASHINGTON COUNTY, by and through its
,f{'_�(2. %rr/•h/ Elected Officials � 4,
Assistant A=Me qq p /J
` y General /�do���7 By
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BphG�_ t
APPROVED AS TO LEGAL SUFFICIENCY Recording cretary
By f!^l �LiJo ✓ � 9 f^f97 Date 9-12-77
County Counsel
CITY OF TIGARD, by and upugh itsElected
Otficaa �e1
APPROVED AS TO LEGAL SUFFICIENCY
By
= Cdy Attorney
' By t
City Recorder "-
13 Date � --
ngn�w��
SCARE)CFCOMMISSIONERS ,
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ATTACHMENT NO.2
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STANDARD PROVISIONS
IOINTOBLICATiONS
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PROIECr ADMINiSTTZATION 3
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 s<r
.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 x }h
PS&nE review and approval by FHWA prior to advertisement for bid proposals, 5
regardless of the source of funding for construction.
P - ^ ONSTRLICI4012 ENGINEERING
2 Preliminaryandconstruction engineering may be,performed by State,
Agency,or others. If Agency,or others,perform the engineering,State will monitor f
the work for conformance with.FHWA rules and regulations. In the event that ,y
Agency elects to engage the services of a consultant to perform any of the work ry
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 hands 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 a f,
claims,contract claims,or any other Iawsuit arising out of the contractor's work or --
Agency's supervision of the project.
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Rc..++tlz 04/20/93
LIWCM6-,h•3
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REQUIRED STATEMENT FOR USDOT FINANCIAL
ASSISTANCE AGREEMENT:
3. If as a condition of assistance the Agency has submitted and the L3.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 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 LLS. t
Department of Transportation shall impose such sanctions as noted in Title 49,Code 3
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 tok `
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. t
4. The parties hereto agree and understand that they will comply with all cx
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; a
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 PIan. •
STATE OBLIGATIONS ;
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PROGRAM REOUEST
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S. State shaft submit a program to the FHY+W.4 .._±h a request for approval of
federal-aid participation in all engineering,right-of-way acquisition,eligible utility
relocations and construction work for the project. IVO 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.
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AIrFHORITY 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,
i 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
j 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 AC_'I'IVl'ITES
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 MI
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
FREEBRIDG D 4TQN x� ,
9. State shall,as provided in ORS 366.155(h),prepare plans and specifications v t
for the structure portion only of bridges and culverts at no expense to the counties.
RIGH'i'-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.
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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 s t:
needed for the originally authorized purpose,the disposition of such property shall r '
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 ' Yy
market value may be required. c
AGENCX OBLIGATIONS' tt :
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FINANCE 'ca'!�
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 ? 5
phase. z 3
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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 cf
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 beostponed until collectively the amount exceeds
$2500 or until the collection of the padvance deposit for construction is required. ;rx
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
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Government Investment Pool accompanied by an Irrevocable Limited Power of n a
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 , "° `4
documented in such a manner as to be easily verified. Billings shall be presented for � �'f
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 c
FAPG;:23 CFR.1.11,.710, and 140.-Final billings shall be submitted to State for x: u;.
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processing within sixmonths from date that costs were incurred. Partial billing
..(progress payment)shall be submitted to State witidn, 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.
PROTECT CANCELLATION ai
14. Agency agrees that should they cause the project to be canceled or h t U
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 4'i'ARTIN DA 1
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' 15. in the event that right-of-way acquisition for,or actual construction of the 'z{
facility for which this preliminary engineering is undertaken is not started by the s
dose of the TENTH FISCAL YEAR following the fiscal year in which this agreement
is executed,State may request reimbursement of the suet or sums of Federal-Aid
funds disbursed to Agency under the terms of this agreement
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TIMITIELS 1
16. 'Agency shall relocate or cause to be'relo^ated,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 may request State to arrange for utility adjustments Iying
S within Agency.jurisdiction,acting on behalf of Agency_
�' Revisad:64/20/93
LIWOZ61th 03 5
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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 Surface Transportation Efficiency Act of 1991. In addition,all projects on
the Oregon State 13ighsray 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 Or on Standard Specifications for Highway Construction.
GRADE CHAN E LIABI
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 which may alter
or change the grade of existing county roads are being accomplished at the direct ` z:
request of the County. '
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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. f t
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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_ '
&TAINTENANCF B—E-UONSIBTLMES
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.
Aeeized: 93
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WORICFRS' OMPFNSATIQN COVERA GE
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.
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?-OBBYING RFSTRICTTONS `=�'^ "s;"
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 Y
employee of a Member of Congress in connection with the awardingza
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, lo
agreement.
an, or cooperative
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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 4 a�
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 ;tet
Standard Form-LLL, Misclosure Form to Report. Lobbying", in `T
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 rants; S� Ssk
subgrants,loans, and cooperative agreements)which exceed$100,000, '
and that all such subrecipients shall certify and disclose accordingly.
This_certification is a materialrepresentation 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 r
entering into this transaction imposed by Section 1352,U.S. Code.
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1 N Any person who fails to file the required certification shall be subject
*4 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
w highway projects.
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