HomeMy WebLinkAbout1994-096 Contract - ODOT No 12748October 12, 1994
Misc. Contracts & Agreements
No. 12748
LOCAL AGENCY AGREEMENT
ENHANCEMENT 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 THE CITY
OF ASHLAND, acting by and through its Elected Officials,
hereinafter referred to as "Agency".
1. By the authority granted in ORS 190.110, 366.770, and
366.775, State may enter into cooperative agreements with the
counties and cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms
and conditions mutually agreeable to the contracting parties,
2. Under provisions of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Oregon is required to set aside
federal funds for projects to address transportation enhancement
activities.
3. Under said provisions, Agency plans and proposes to intertie
the Bear Creek Greenway with the City of Ashland's Bicycle
System, 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
h~reof.
4. The project shall be conducted as a part of the Enhancement
Program under Title 23, United States Code, and the Oregon
Action Plan. The Enhancement Funds are limited to $248,800.
Agency shall be responsible for the match for the federal funds
and any portion of the project which is not covered by federal
funding.
5. The Special and Standard Provisons 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.
EN394001/07538 -1-
Agreement Noo 12748
CITY OF ASHLAND
6. 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 by the Oregon Transportation
Commission on July 20, 1994 as part of the 1995-1998 Statewide
Transportation Improvement Program, page 149. The
Transportation Commission Delegation Order No. 35C, paragraph
65, authorizes 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 Section Manager
pursuant to Subdelegation Order No. HWY-6 paragraph 11.
AP PRO--V~L-RE C~MMENDED
[ ~ tt~gion Manager
APPRO~ AS TO
Asst. Attorney General
APPROVED AS TO
LEGAL _SUFF I C IENCY
City Attorney
STATE OF OREGON, by and through
its Department of Transportation
Pr~ra~ Services/Sea, on M~r.
Date
THE CITY OF ASHLAND, by and
through its Elected Officials
EN394001/07538 -2-
ATTACHMENT NO. 1 TO AGREEMENT NO. 12748
SPECIAL PROVISIONS
1. The parties agree that this agreement shall become null and
void if the funds for this project are not obligated for
construction within two calendar years after the date this
agree]~ent is executed.
2. Agency, or its consultant, shall conduct the necessary
preliminary e~]oineering and design work required to prodllce
final plans, specifications and cost estimates; purchase all
necessary right-of-way; obtain all required permits; arrange for
ali. utility relocations or reconstruction; perform all
construction engineering, including all required materials
testing and quality documentation~ and prepare necessary
documentation to allow State to make all contractor payments.
3. State and Agency agree that minimum design standards shall
be recommended AASHTO Standards, unless otherwise requested by
Agency and approved by State.
4, State and Agency agree that right-of-way activities shall be
in accord with the Uniform Relocation Assistance and Rea]_
Property Acquisition Policy Act of 1970, as amended.
5. Agency guarantees the availability of funding in an amount
required to fully fund the project. Agency further guarantees
that adequate funds are available prior to advertisement for
bids to accommodate 110 percent of the engineer's estimate.
6. Agency shall, at its own expense, maintain and operate the
p~oject upon completion at a minimum level that is consistent
with normal depreciation and/or service demand.
7. If Agency hires a consultant, Agency agrees to follow 0DOT's
adopted procedures for selection and hiring of consultants. All
consultant billings shall be initially reviewed, approved as
appropriate and paid by Agency. Consultant billings shall be
submitted to ODOT for reimbursement by Agency.
8. Agency shall maintain and account for the federal and/or
state financial interest in project property and assets.
9. Agency shall, upon completion of project and as a condition
to this agreement, complete and file with the appropriate County
Clerk, an Acknowledgement of Federal Assistance, which is
attached hereto as Exhibit B, and by this reference is made a
part hereof. Agency shall provide confirmation of this filing
by forwarding to the Region 3 Manager a conformed copy of the
recorded Exhibit B. By means of said acknowledgement, a lien
shall be established against said property and assets subject to
the satisfaction of Agency's financial obligations, the
continued use of said property for public purposes, and the
maintenance of the facility or service at a level consistent
with normal depreciation and/or demand. State's interest in
said property is proportional to the federal and state
participation in project.
- 2 -
EXHIBIT B
ACKNOWLEDGEMENT OF FEDERAL ASSISTANCE
The property and assets under the jurisdiction of the City of
Ashland were improved with assistance from the United States
Government under an agreement executed between the City of
Ashland and the Oregon Department of Transportation dated
Such assistance was provided to the City of
Ashland in reimbursement of costs associated with the
construction of a bike path.
The use and disposition of said property is subject to the terms
of the above noted agreement, copies of which may be obtained
from the Director, Oregon Department of Transportation, and is
also subject to 49 CFR Part 18 which may be obtained from the
Federal Highway Administration, U.S. Department of
Transportation, ~00 7th Street, S.W.t Washington D.C. 20590.
By :
Title :
SUBSCRIBED and SWORN to before me this __ day of
, 1994.
(SEAL)
NOTARY PUBLIC FOR OREGON
My commission expires :
'- I
EXHIBITA I
ATTACHMENT NO. 2
STANDARD PROVISIONS
JOINT OBL__!GATION_~_
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 FI-FWA prior to advertisement for bid proposals,
regardless of the source of funding for construction.
P.E. & CONSTRUCTION ENGINEERINQ
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 snpervision of the project.
Revised: 04/20/93
LJW026c Ih a3
AUTHORITy FOR SURVEY
6. State shall prepare an Authority for Survey which will itemize the
estimate of cost for preliminary engineering services to be provided by State, Agency
or others, and shall furnish Agency with a copy of such cost estimate.
FINANC_~
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.
PROIECF A~IVITIES
8. State shall, if the work is performed by Agency or others, review and
process or approve all enviromnental 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
F, evised: 04/20/93
LJWO26c.th ~3 3
processing within six months from date that costs were incurred. Partial billing
(progress payment) shall be submitted to State withi~ three movths from date that
costs incurred.
13. The costs records and accounts pertaining to the work covered by this
agreement are to be kept available for inspection by representatives of State and the
FHWA for a period of, three (3) years following the date of final payment. Copies of
such records and accounts shall be made available upon request. For real property
and equipment, the retention period starts from the date of disposition
(49 CRF 18.42).
This agreement is subject to the provisions of the Single Audit Act of 1984 (49
CFR, Part 90) as stated in Circular A-128 of the United States Office of Management
and Budget.
PROJECT CAN CELLATI~.~_
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 CFR 645A, shall be included in the total
project costs and participation; all other utility relocations shall be at the sole
expense of Agency, or others. State will arrange for utility adjustments in areas
lying within jurisdiction of State and, if State is performing the preliminary
engineering. Agency may request State to arrange for utility adjustments lying
within Agency jurisdiction, acting on behalf of Agency.
Revised: 04/20[93
L]W026c.th #3 5
October 12, 199~
Misc. Contracts & Agreements
No. 12748
LOCAL AGENCY AGREEMENT
ENHANCEMENT 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 THE CITY
OF ASHLAND, acting by and through its Elected Officials,
hereinafter referred to as "Agency".
1. By the authority granted in ORS 190.110, 366.770, and
366.775, State may enter into cooperative agreements with the
counties and cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms
and conditions mutually agreeable to the contracting parties.
2. Under provisions of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Oregon is required to set aside
federal funds for projects to address transportation enhancement
activities.
3. Under said provisions, Agency plans and proposes to intertie
the Bear Creek Greenway with the City of Ashland's Bicycle
System, 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.
4. The project shall be conducted as a part of the Enhancement
Program under Title 23, United States Code, and the Oregon
Action Plan. The Enhancement Funds are limited to $2~8,800.
Agency shall be responsible for the match for the federal funds
and any portion of the project which is not covered by federal
funding.
5. The Special and Standard Provisons 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.
EN394001/07538 -1-
Agreement No. 12748
CITY OF ASHLAND
6. 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 by the Oregon Transportation
Commission on July 20, 1994 as part of the 1995-1998 Statewide
Transportation Improvement Program, page 149. The
Transportation Commission Delegation Order No. 35C, paragraph
65, authorizes 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 Section Manager
pursuant to Subdetegation Order No. HWY-6 paragraph 11.
AP~Ir-REC~MMENDED
Region Manager
APPRO~ AS TO
Asst. Attorney General
APPROVED AS TO
LEGAL ~SUFF I C I ENCY
City Attorney
STATE OF OREGON, by and through
its Department of Transportation
P[~ra~ Services/S~on M~;.
Date l/o~-- '/
THE CITY OF ASHLAND, by and
~ City Manager ~/
Date / ? / ~ ~/F/~!
EN394001/07538 -2-
ATTACHMENT NO. 1 TO AGREEMENT NO. 12748
SPECIAL PROVISIONS
1. The parties agree that this agreement shall become null and
void if the funds for this project are not obligated for
construction within two calendar years after the date this
agreement is executed.
2. Agency, or its consultant, shall conduct the necessary
preliminary e~]gineering and design work required to produce
final plans, specifications and cost estimates; purchase all
necessary right-of-way; obtain all required permits; arrange for
ali utility relocations or reconstruction; perform all
construction engineering, including all required materials
testing and quality documentation; and prepare necessary
documentation to allow State to make all contractor payments.
3. State and Agency agree that minimum design standards shall
be recommended AASHTO Standards, unless otherwise requested by
Agency and approved by State.
4. State and Agency agree that right-of-way activities shall be
~n accord with the Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970, as amended.
5. Agency guarantees the availability of funding in an amount
required to fully fund the project. Agency further guarantees
that adequate funds are available prior to advertisement for
bids to accommodate 110 percent of the engineer's estimate.
6. Agency shall, at its own expense, maintain and operate the
project upon completion at a minimum level that is consistent
with normal depreciation and/or service demand.
7. If Agency hires a consultant, Agency agrees to follow ODOT's
adopted procedures for selection and hiring of consultants. All
consultant billings shall be initially reviewed, approved as
appropriate and paid by Agency. Consultant billings shall be
submitted to ODOT for reimbursement by Agency.
8. Agency shall maintain and account for the federal and/or
state financial interest in project property and assets.
9. Agency shall, upon completion of project and as a condition
to this agreement, complete and file with the appropriate County
Clerk, an Acknowledgement of Federal Assistance, which is
attached hereto as Exhibit B, and by this reference is made a
part hereof. Agency shall provide confirmation of this filing
by forwarding to the Region 3 Manager a conformed copy of the
recorded Exhibit B. By means of said acknowledgement, a lien
shall be established against said property and assets subject to
the satisfaction of Agency's financial obligations, the
continued use of said property for public purposes, and the
maintenance of the facility or service at a level consistent
with normal depreciation and/or demand. State's interest in
said property is proportional to the federal and state
participation in project.
EXHIBIT B
ACKNOWLEDGEMENT OF FEDERAL ASSISTANCE
The property and assets under the jurisdiction of the City of
Ashland were improved with assistance from the United States
Government under an agreement executed between the City of
Ashland and the Oregon Department of Transportation dated
Such assistance was provided to the City of
Ashland in reimbursement of costs associated with the
construction of a bike path.
The use and disposition of said property is subject to the terms
of the above noted agreement, copies of which may be obtained
from the Director, Oregon Department of Transportation, and is
also subject to 49 CFR Part 18 which may be obtained from the
Federal Highway Administration, U.S. Department of
Transportation, 400 7th Street, S.W., Washington D.C. 20590.
By :
Title :
SUBSCRIBED and SWORN to before me this __ day of
· 1994.
(SEAL)
NOTARY PUBLIC FOR OREGON
My commission expires :
:
1'
ATTACHMENT NO. 2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROIECT 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 FIq-WA prior to advertisement for bid proposals,
regardless of the source of funding for construction.
P.E. & CONSTRUCTION ENGINEERING
2. Preliminary and construction engineering may be performed by State,
Agency, or others. If Agency, or others, perform the engineering, State will monitor
the work for conformance with FHWA rules and regulations. In the event that
Agency elects to engage the services of a consultant to perform any of the work
covered by this agreement, Agency and Consultant shall enter into an agreement
describing the work to be performed and the method of payment. State shall concur
in the agreement prior to the beginning of any work. No reimbursement shall be
made using federal-aid funds for any costs incurred by such Consultant prior to
receiving authorization from State to proceed.
On all construction projects where State is the signatory party to the contract,
and where Agency is doing the construction engineering and project management,
Agency agrees to accept all responsibility for and defend lawsuits involving tort
claims, contract claims, or any other lawsuit arising out of the contractor's work or
Agency's supervision of the project.
Revised: 04/2(¥93
LJW026c Ih #3
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AUTHORITY FOR SURVEY
6. State shall prepare an Authority for Survey which will itemize the
estimate of cost for preliminary engineering services to be provided by State, Agency
or others, and shall furnish Agency with a copy of such cost estimate.
FINANCE
7. State shall, in the first instance, pay all reimbursable costs of the project,
submit all claims for federal-aid participation to the FHWA in the normal manner
and compile accurate cost accounting records. Agency may request a statement of
costs to date, at anytime, by submitting a written request. When the actual total cost
of the project has been computed, State shall furnish Agency with an itemized
statement of such final costs.
PROJECT ACTIVITIES
8. State shall, if the work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans,
specifications and cost estimates. State shall, if they prepare these documents, offer
Agency the opportunity to review and approve the documents prior to advertising
for bids. State shall prepare contract and bidding documents, advertise for bid
proposals, award all contracts and, upon award of a construction contract, perform
all necessary laboratory testing of materials, process and pay all contractor progress
estimates, check final quantities and costs, and oversee and provide intermittent
inspection services during the construction phase of the project. The actual cost of
laboratory testing services provided by State will be charged to the project
construction engineering expenditure account and will be included in the total cost
of the project.
FREE BRIDGE DESIGN
9. State shall, as provided in ORS 366.155(h), prepare plans and specifications
for the structure portion only of bridges and culverts at no expense to the counties.
RIGHT-OF-WAY
10. State is responsible for acquisition of the necessary right-of-way and
easements for construction and maintenance of the project. Agency may request to
perform the acquisition functions, subject to execution of a written agreement. State
Revised: 04/20/93
LJWO26c.lh #3 3
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~IDNVNItl
b~-ffO-~-'V D Iq flC~ AD N~I~-V
'suo!1?lnfla~ pu? sta~l alq~!Idd~
processing within six months from date that costs were incurred. Partial billing
(progress payment) shall be submitted to State withi~ three mopths from date that
costs incurred.
13. The costs records and accounts pertaining to the work covered by this
agreement are to be kept available for inspection by representatives of State and the
FHWA for a period of, three (3) years following the date of final payment. Copies of
such records and accounts shall be made available upon request. For real property
and equipment, the retention period starts from the date of disposition
(49 CRF 18.42).
This agreement is subject to the provisions of the Single Audit Act of 1984 (49
CFR, Part 90) as stated in Circular A-128 of the United States Office of Management
and Budget.
PROJECT CANCELLATION
14. Agency agrees that should they cause the project to be canceled or
terminated for any reason prior to its completion, Agency shall reimburse State for
any costs that have been incurred by State on behalf of the project.
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 CFR 645A, shall be included in the total
project costs and participation; all other utility relocations shall be at the sole
expense of Agency, or others. State will arrange for utility adjustments in areas
lying within jurisdiction of State and, if State is performing the preliminary
engineering. Agency may request State to arrange for.utility adjustments lying
within Agency jurisdiction, acting on behalf of Agency.
Revised: 04/20/93
LJW026c,th ~3 5
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_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:
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.
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.
The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers
(including subgrants, and contracts and subcontracts under grants,
subgrants, loans, and cooperative agreements) which exceed $100,000,
and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, U.S. Code.
Revised: 04/20/93
LJWO26c.lh #3
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