HomeMy WebLinkAbout2007-220 Agreement - Congestion Mitigation & Air Quality Program
Misc. Contracts & Agreements
No. 23720
LOCAL AGENCY AGREEMENT
CONGESTION MITIGATION AND AIR QUALITY PROGRAM
Beach Street: Glenwood Drive - End
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinaftel' referred to as "State"; and
the CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as
"Agency"
RECITALS
1. Upper Beach Street is a part of the city street system under the jurisdiction and control of
Agency
2. By the authority granted in ORS 190.110, 366572 and 366576, 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 being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows
TERMS OF AGREEMENT
1. Under such authority, Agency agrees to pave and install curb, gutter and sidewalks on
525' of Beach Street, south of Glenwood Drive, 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.
2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality
(CMAQ) Program under Title 23, United States Code. The total Project cost is estimated
at $445,782, which is subject to change The CMAQ funds are limited to $400,000
Eligible costs for the Project will be reimbursed at the full federal share or until the
$400,000 limit is reached. Agency shall be responsible for the match for the federal funds
and any portion of the Project, which is not covered by federal funding. Agency shall be
responsible for determining the amount of federal funds to be applied to each phase of
the Project Agency is not guaranteed the use of unspent funds for a particular phase of
work. It is Agency's responsibility to notify State in advance of obligating funds for a
subsequent phase if Agency wants to release funds on the current authorized phase(s) of
work.
3. The federal funding for this Project is contingent upon approval by the FHWA Any work
performed prior to acceptance by FHWA will be considered nonparticipating and paid for
at Agency expense The Catalog of Federal Domestic Assistance (CFDA) number for this
Project is 20.205.
Key No. 15256
Agency/State
Agreement No. 23720
4. State considers Agency a sub-recipient of the federal funds under this Agreement.
5. At the beginning of each Federal Year, Agency shall complete and provide State a CMAQ
reporting form (an example of which is attached hereto as Exhibit B and by this reference
made a part hereof).
6. Under such authority, Agency may, if needed, retain the services of State to perform
specific right of way services further identified in Attachment No. 1A of the Special
Provisions, attached hereto and by this reference made a part hereof.
7. Agency, or its consultant, shall perform specific right of way services further identified in
Attachment No. 1A of the Special Provisions, attached hereto and by this reference made
a part hereof. Agency, or its consultant, shall be reimbursed for such services as a
Project expense
8. It is further agreed all parties will strictly follow the rules, policies and procedures of the
"Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" as
amended, ORS Chapter 35, State of Oregon Right of Way Manual, and Federal Highway
Administration Federal Aid Policy Guide.
9. 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 (10) calendar
years following the date all required signatures are obtained, whichever is sooner.
10 This Agreement may be terminated by mutual written consent of both parties
11 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 ten (10) days or such longer period as State
may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. 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.
2
Agency/State
Agreement No. 23720
e. 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.
12 Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the parties prior to termination.
13. 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.
14.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 available non-appropriated funds, up to the amount received under this Agreement
15.Agency shall enter into and execute this Agreement during a duly authorized session of
its City Council.
16. 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.
17 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 the
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 2006-2009 Statewide Transportation Improvement Program, (Key
#15256) that was approved by the Oregon Transportation Commission on August 17, 2005
(or subsequently approved by amendment to the STIP).
3
Agency/State
Agreement No. 23720
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 Day-to-day operations include those activities required to implement the biennial
budget approved by the Legislature, including activities to execute a project in the Statewide
Transportation Improvement Program
On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer approved
Subdelegation Order No 5, in which the Director, Deputy Director, Highways and Chief
Engineer delegate authority to the Region Managers to approve and sign intergovernmental
agreements over $75,000 up to a maximum of $500,000 when the work is related to a project
included in the Statewide Transportation Improvement Program (STIP).
CITY OF ASHLAND, by and through its
elected officials
B
By
Title
Date
APPi VE! AS T -l~~AL f11fICIENCY
By' jlX~
City' Attorney
Date
k:.
v"'V
Agency Contact
City of Ashland
Attn Paula Brown
20 E Main Street
Ashland, OR 97520
STATE OF OREGON, by and through
its Department of Transportation
By
Region 3 Manager
Date
APPROVAL RECOMMENDED
By
State Right of Way Manager
Date
By
Region 3 Right of Way Manager
Date
By
Region 3 Local Program Project Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date
4
Misc. Contracts & Agreements
No. 23720
ATTACHMENT NO.1 to Agreement No. 23720
SPECIAL PROVISIONS
1. Agency or its consultant shall, as a federal-aid participating preliminary engineering
function, conduct the necessary field surveys, environmental studies, traffic
investigations, foundation explorations, and hydraulic studies, identify and obtain all
required permits, assist State with acquisition of necessary right of way and/or
easements, and perform all preliminary engineering and design work required to produce
final plans, preliminary/final specifications and cost estimates.
2. Upon State's award of the construction contract, Agency, or its consultant, shall be
responsible to perform all construction engineering, field testing of materials, technical
inspection and project manager services for administration of the contract.
3. In the event that Agency elects to engage the services of a personal services consultant
to perform any work covered under this Agreement, Agency and Consultant shall enter
into a Personal Services Contract approved by State's Office of Procurement Manager or
designee (Salem). Said contract must be reviewed and approved by the Office of
Procurement Manager or designee prior to beginning any work. This review includes, but
is not limited to the Request for Proposal, Statement of Work, advertisement and all
contract documents. This review and approval is required to ensure federal
reimbursement.
4. State may make available Region 3's On-Call Preliminary Engineering (PE), Design and
Construction Engineering Services consultant for Local Agency Projects upon written
request. If Agency chooses to use said services, Agency agrees to manage the work
performed by the consultant and make funds available to the State for payment of those
services. All eligible work shall be a federally participating cost and included as part of
the total cost of the Project.
5 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.
6. Maintenance responsibilities shall survive any termination of this Agreement.
Agency/State
Agreement No 23720
ATTACHMENT NO. 1A to Agreement No. 23720
SPECIAL PROVISIONS
RIGHT OF WAY SERVICES AGREEMENT
ITEMS TO BE COMPLETED BY STATE OR AGENCY
All references to State may include State or its consultant. All references to Agency may
include Agency or its consultant.
A. Preliminary Phase
1. Agency shall provide preliminary cost estimates
2. Agency shall make preliminary contacts with property owners.
3. Agency shall help gather and provide field location and project data.
B. Acquisition Phase
1. General:
a. When doing the Acquisition work, Agency shall provide State with a status report of
the project upon request.
b. Title to properties acquired shall be in the name of the Agency.
c. Prior to the initiation of acquisitions, Agency shall adopt a resolution of intention
and determination of necessity in accord with ORS 35.610, authorizing acquisition
and condemnation If the State Department of Justice is to handle condemnation
work, that information needs to be included in the resolution adopted by the
Agency. Prior approval by Department of Justice is required.
2. Legal Descriptions
a Agency shall provide sufficient horizontal control, recovery and retracement
surveys, vesting deeds, maps and other data so that legal descriptions can be
written.
b. Agency shall provide construction plans and cross-section information for the
project.
c. Agency shall write legal descriptions and prepare right of way maps.
d Agency shall specify the degree of title to be acquired (e.g., fee, easement).
3. Real Property and Title Insurance
a. Agency shall provide preliminary title reports, if Agency determines they are needed,
before negotiations for acquisition commence.
Agency/State
Agreement No. 23720
b. Agency shall determine sufficiency of title (taking subject to).
c. Agency shall conduct Level 1 testing for presence of hazardous material, if needed
Agency will conduct reasonable testing up to Level 2, if required
d Agency shall be responsible for any necessary remediation.
4. Appraisal:
a. Agency shall conduct the valuation process of properties to be acquired.
b. Agency shall recommend just compensation, based upon a review of valuation by
qualified personnel.
c. Property trades, construction obligations, and zoning or permit concessions are to
be evaluated as part of the Just compensation offer.
5. Negotiations
a. Agency shall tender all monetary offers to land..owners in writing at the
compensation shown in the appraisal review. Conveyances taken for more than
the approved figure will be documented by an Administrative Justification for the
increase in compensation If State performs this function, it will provide the Agency
with all pertinent letters, negotiation records and obligations incurred during the
acquisition process
b. Agency and State shall jointly determine a date for certification of right of way.
Agency agrees to file all Recommendations for Condemnation at least 70 days
prior to that date if negotiations have not been successful on those properties
6. Relocation
a. Agency will perform any relocation assistance, make replacement housing
computations, and do all things necessary to relocate any displaced parties on the
project.
b. Agency will make all relocation and moving payments for the project.
c. Agency will perform the relocation appeal process
C. Closing Phase
1. Agency shall close all transactions. This includes drawing deeds, releases and
satisfactions necessary to clear title, obtaining signatures on release documents, and
making all payments.
Agency/State
Agreement No. 23720
2. Agency shall record conveyance documents. upon acceptance
D. Property Management
1. Agency shall take possession of all the acquired properties
2. Agency shall dispose of all improvements and excess land.
E. Condemnation
1. Agency may offer mediation if parties have reached an impasse.
2. Agency shall perform all administrative functions in preparation of the condemnation
process, such as preparing final offer and complaint letters.
3. Agency shall perform all legal work related to the condemnation process
4. Agency shall perform all litigation work related to condemnation.
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Exhibit B - CMAQ Reporting Form
Misc. Contracts & Agreements
No. 23720
pirectio~ Complete one form per each proposed or continuing CMAQ-funded project Within 45 days after the beginning
of each Federal fiscal year, submit (or update and resubmit) electronic copies of the form to OOOT CMAQ Program staff.
Refer to Attachment A (Guidance - CMAQ Reporting Form) fOI clanflcatlon of CMAQ data requested and the CMAQ
reporting process For further aSSistance, please contact ODOT CMAQ Program staff al (503) 986-4200
Project Title _
Project Year _
m-r- pleaseseTectone ofthefollovmlq
ThiS IS a new CMAQ project proposal
ThiS is a continuing CMAQ project
D
D
CMAQ Project 10 # (If known)
STI P Project 10 #
FMIS Project 10 #
TIP / TSP Project 10 # (optional)
CMAQ Obligation $ (thiS Fiscal Year) ___
Total Project $ (thiS Fiscal Year)
Is tillS a planning or project development activity?
Is this an outreach actlvlty~)
Is thiS a TCM In an approved SIP?
Is this an Experrmental Pilot Project?
Is thiS a Public-Prrvate Partnership?
Yes D
Yes D
Yes D
Yes D
Yes D
No []
NoD
NoD
No []
No LJ
MPO or local Jurrsdictlon _ VOC emissions benefit (kg/day):
Non-Attainment or Maintenance Area (check one)' )) Qualitative AnalYSIS?
jCmisslons Benefit Provided bv Proiect
Yes D No D
D Portland Metro Area
D
D
D
D
D
D
Medford/Ashland Metro Area
CO emiSSions benefit (kg/clay)
)) Qualitative AnalYSIS?
NOA emissions benefit (kg/day)
)) Qualitative AnalYSIS?
Yes D No D
Klamath Falls Area
Grants Pass Area
Yes D No D
La Grande Area
PM-10 emissions benefit (kg/day)
)) Qualitative Analysis? Yes D No D
I NO TE: Please attach supporting documentation of quantitative analysis Of
explanation of qualitative analysis method
Lakeview Area
Oakricl e Area
Proiect Reportinq Cateqorv (check one main cateqorv and select appropriate subcateqorv from dropdown list .__
,-- - -.... -- . . - -- -- -- -. . ----- --.--- -. ...--..-. .----.....--. ..-...-------
D Demancl Management Subcategories (select one)
D I/M and Other TCMs
D Pedestrian/Bicycle
D Shared Ricle
D Traffic Flow Improvements
D Transit
D Other / No Category
D Deobligation
Subcategories (select one)
Subcategorres (select one)
Subcategories (select one)
I
II
SUbcategorres: (select one)
Subcategories (select one)
t___
ProjeclJJ.escrifltion______ ----- ---- _ -- _ -- __ _m_
NOTE: Project Description should include project length, names of relevant roadways, a concise narrative of work to be
performed, etc
=--=-_~-.J J
,--.--.---. -.---.-------.--...- ----.. ______n_______._____ _I
L_Additional Pr<>leg.lnformation - ___ __ -----------_.__--.-J
NOTE: Please provide any additional descdptive information regarding Project Reporting Subcategory
Misc. Contracts & Agreements
No 23720
ATTACHMENT NO.2
STANDARD PROVISIONS
JOINT OBLIGATIONS
pnOlECT ADM INISTRATION
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.
I'RELlMINAny Ei CONSTRUCTION ENCINEElUNC
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
Requlatlons (CFR) 172, Title 49 CFR 18, ORS 279A055, 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 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 and 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.
nEQUlI{ED STATEMENT FOR UNITED STA TES DEPARTMENT OF TRANSPORTA nON
(USDOT) FINANCIAL ASSISTANCE AcnEEMENT
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
Agency/State
Agreement No 23720
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.
8 Agency agrees to comply With all applicable civil rights laws, rules and regulations, including Title
V and Section 504 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 279C505, 279C515, 279C520. 279C.530 and 279B.270
incorporated herein by reference and made a part hereof Title 23 CFR Parts 111. 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 Hiqhway Act: Title 41. Chapter 1, USC 51-58. Anti-Kickback Act: 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
PIWjLCT FUNf)[NG J{EQUEST
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, minus
Agency/State
Agreement No. 23720
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.
PROTECT 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 fmal 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 engmeerlng 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 biddmg 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.
RIGHTOFWAY
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.
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.
Agency/State
Agreement No. 23720
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 monumentatlon 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 If federal
funds are used, Agency will specify the Catalog of Federal Domestic Assistance (CFDA) number
in the Agreement Agency will also determine and clearly state in the Agreement if recipient is a
subrecipient or vendor, using criteria In Circular A-133.
24. Agency's estimated share and advance deposit
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 matchinq funds requirement
B Agency's construction phase deposit shall be 110 percent of Aqency's share of the enqineer'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 366425, 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 Hiqhway Finance Office), or
2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash
D Aqency may satisfy all or part of any matchinq funds requirements by use of in-kind
contributions rather than cash when prior written approval has been qiven by State
25. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its
share of the required matchinq 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 Aqency 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.
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Agreement No. 23720
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
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 "OMS 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 1c11, 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 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 1842)
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
Agency/State
Agreement No. 23720
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 (eg., 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, dally 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 Band
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
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 appropnate 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 Hiqhwav Desion 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 "Oreoon
Standard Specifications for Hiqhwav Construction".
38. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oreqon Bicvcle 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"
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Agreement No. 23720
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
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 105755 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 105760 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 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' COMPENSATlON COVERAGE
48. All employers, including Agency that employ subject workers who work under this Agreement in
the State of Oregon shall comply with ORS 656.017 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 HESTRTCTlONS
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
Agency/State
Agreement No 23720
employee of a Member of Congress In connection with the awarding of any federal contract,
the making of any federal grant the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal contract, grant, loan, or cooperative agreement
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report
Lobbying," in accordance with its instructions
C The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and
that all such subrecipients shall certify and disclose accordingly,
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, use 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 $100000 for each such failure.
Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects