HomeMy WebLinkAboutDoc. 2009-179 - American Recovery and Reinvestment Act - RoadDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 8, 2009
Please see directions for completing this document on the next page.
DATE: April 1, 2009
FROM: George Kolb, County Engineer Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of signature of Local Agency Agreement No. 25458, American Recovery and
Reinvestment Act of 2009 ARRA and the ARRA checklist for local agencies addressing ODOT's and
Deschutes County's responsibilities regarding the use of the Stimulus Funding for the overlay of
Huntington Road/Riverview Drive.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The overlay of Huntington Road/Riverview Drive from South Century Drive to Burgess Road has been
accepted for funding through the American Recovery and Reinvestment Act of 2009 (ARRA). The
funds will come from the portion of Oregon's ARRA funds sub - allocated to cities, counties and
metropolitan areas. According to the distribution formula, Deschutes County will receive up to
$1,044,479 for the overlay of Huntington Road/Riverview Drive. The signed agreements have to be
signed and returned to ODOT no later than April 13, 2009.
FISCAL IMPLICATIONS:
Deschutes County will be responsible for any project costs over and above the $1,044,479. This was
anticipated and is included in the FY 09 -10 budget
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Agreement No. 25458
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Originals are to be returned Wanda (ext. 7103) at the Road Department for forwarding on to ODOT for
their signatures.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
4/1/2009
Please complete all sections above the Official Review line.
Department:
Road Department
Contact Person: George Kolb Phone #:
Contractor /Supplier /Consultant Name:
ODOT1
322 -7113
Goods and /or Services: provides for the use of Stimulus Funding provided through the
American Recovery and Reinvestment Act of 2009 (ARRA) for the overlay of Huntington
Road /Riverview Drive.
Background & History: The overlay of Huntington Road /Riverview Drive from South
Century Drive to Burgess Road has been accepted for funding through the American
Recovery and Reinvestment Act of 2009 (ARRA). The funds will come from the portion
of Oregon's ARRA funds sub - allocated to cities, counties and metropolitan areas.
According to the distribution formula, Deschutes County will receive up to $1,044,479
for the overlay of Huntington Road /Riverview Drive. The signed agreements have to be
signed and returned to ODOT no later than April 13, 2009.
Agreement Starting Date:
May 1, 2009
Annual Value or Total Payment:
$1,044,479
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
Informal quotes ( <$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Ending Date:
March 1, 2010
Funding Source: (Included in current budget? ® Yes n No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
County Engineer
George Kolb
Phone #:
322 -7113
Department Director Approval:
Date
Signature
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
4/1/2009
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Numberil 2 .,� 0 9 - ce
4/1/2009
regon
Theodore R. Kulongoski, Governor
March 19, 2009
Deschutes County
George Kolb
61150 SE 27th St
Bend, OR 97702
Department of Transportation
Transportation Enhancement Program
355 Capitol St. NE, Room 326
Salem, OR 97301 -3871
RECEIVED
MAR 2 4 2009
DESCHUTES CO
ROAD DEPT
RE: Economic Stimulus Project - Confirmation and Agreement
Huntington Road: South Century Drive - Burgess Road Paving
The above -named project has been accepted for funding through the American Recovery
and Reinvestment Act of 2009 (ARRA). The funds will come from the portion of Oregon's
ARRA funds sub - allocated to cities, counties, and metropolitan areas. According to the
distribution formula, Deschutes County is eligible to receive up to $1,044,479 from the
city /county sub - allocation. The amount identified for this Project is $1,044,479.
The ARRA program has specific goals, deadlines and reporting requirements different from
those of other federal or state programs. One critical difference is that ARRA funds are
available only until March 1, 2010. If a project is not ready for bid at that time, the ARRA
funds will be withdrawn for redistribution to other projects in Oregon, or may be lost to other
states. To avoid losing any of Oregon's ARRA funds, it is important to start your project
promptly and advance it to contract on time. Several actions must occur before the project
can begin:
• Complete the ODOT Project Prospectus and Environmental Classification.
• Sign the Local Agency Agreement and ARRA Checklist.
• Add the project to the Statewide Transportation Improvement Program (STIP).
• Secure a qualified consultant (if needed) and obtain Notice to Proceed from ODOT.
Local Agency Agreement - The Agreement for your project is enclosed. This Agreement
contains provisions specific to the ARRA, and Standard Provisions that apply to all federal -
aid transportation projects in Oregon. For priority treatment, you must sign and return all
four copies to the ODOT Agreement Coordinator, ARRA Program, 455 Airport Road,
SE, Bldg. K, Salem, OR 97301 -5348 no later than April 13, 2009. The Agreement text is
the same for all ARRA projects. Do not request changes unless there are errors specific
to your agency or project identification. If you return the agreement late, the project may be
delayed several weeks as it will miss being included in expedited STIP and environmental
approvals ODOT has planned.
ARRA Checklist - The enclosed checklist is provided for all ARRA projects awarded to
local government agencies to clarify their responsibility for timely completion of ARRA
projects. The Agency official signing the Agreement must complete and return this
checklist with the four copies of the Agreement before ODOT will execute the Agreement,
or give Notice to Proceed.
Prospectus, STIP Amendment and Notice to Proceed - When you return the signed
Agreement and Checklist your project will be assigned to a Local Agency Liaison in the
ODOT Region 4 office. This person will work with ODOT Highway Program staff (Salem) to
complete the actions needed before giving your project a Notice to Proceed for
the ARRA- funded portion of the project.
1R Resurfacing Projects - This project appears to fit the definition of 1R Resurfacing.
ODOT intends to process all the 1R "overlay" projects as a group, and pursue an expedited
environmental approval for the group from the Federal Highway Administration (FHWA). If
the project is later modified and no longer fits the 1R guidelines, incorporated by reference
in the Agreement, your agency must request an amendment of the Agreement and
reinitiate the environmental approvals.
For general information about the ARRA program you may contact me at (503)986-3640.
If you have specific questions about the next steps for your project, please contact
Darrell Newton, ODOT Region 4 at 541.388.6282.
Sincerely,
Martin E. Andersen, PE
ODOT Local Government Section Manager
cc: Darrell Newton, ODOT Region 4, Local Program
Enclosures (4) original agreements
(1) Checklist
(1) Envelope
This checklist is required for all ARRA- funded projects awarded to local government agencies,
as a condition of ODOT signing the attached Local Agency Agreement for the Project.
Instructions: (1) Read the referenced sections of the Local Agency Agreement; (2) Initial each
box below; (3) Sign at the bottom of the page.
Huntington Road: South Century Drive - Burgess Road Paving
Deschutes County
ARRA funds are not a grant. They are paid as reimbursement for actual Project costs based
on invoices approved by ODOT or a certified local agency.
❑ Project approval by ODOT, and inclusion in the Statewide Transportation Improvement
Program (STIP), do not constitute formal authorization to begin work. Any costs incurred
prior to FHWA Authorization and ODOT Notice to Proceed will not be reimbursed.
(Terms of Agreement #3)
❑ ARRA funds are available only until March 3, 2010. State may withdraw funds not
obligated for construction by that date, and will not replace the withdrawn ARRA funds.
(Terms of Agreement #9b)
❑ There is no match required for the ARRA funds but the Local Agency is responsible for
non - participating Project costs. (Terms of Agreement #2; Standard Provisions #23 and #24)
❑ The Local Agency has responsibility for long -term maintenance of the Project.
(Special Provision #7; Standard Provision #47)
E The Local Agency will have to repay ARRA and other federal funds under conditions
described in Terms of Agreement #8 and Standard Provision #32.
C
Project Administration (1, 2)
Preliminary and Construction Engineering (3, 4)
n USDOT Assistance Agreement (5 -9)
❑ State Obligations including: Project Funding Request (10), Finance
(11), Project Activities (12 -16), Right -of -way (17 -22)
E Agency Obligations including: Finance (23 -33), Railroads (34), Utilities (35, 36),
Standards (37 -41), Grade Change Liability (42 -44), Contractor Claims (45, 46),
Maintenance Responsibilities (47), Workers Compensation Coverage (48), Lobbying
Restrictions (49A -49E)
Authorized Agency Official Date
R ER DR
INE STATE RECR
ATION
End Overlay
Burgess Rd
111111111121111r—
its
1_1 .121111r—
Locator Map
The information on this map was derived from dgital databases on
0 0.5 1 1.5 2 Miles Deschutes County's O.I.S. Care was taken in the creation of this
map, but it is provided as is°. Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the dgital
Printed: January 7, 2009 data or the underlying mortis. There are no warranties, express or
ry , implied, including the warranty of merchantability or less for a
Key particular purpose, accompanying this product. However, notification
of any errors will be appredated.
- County Routes J ( Bridges
mom
Huntington / Riverview
- On/Off Ramp
Roam Primary Highway
Secondary Highway
Road Centerlines
La Pine
•••••• • - Canals
- Streams
Azn lt.
Rivers
® City Limits
Map Deschutes County Road Department
Created
John Anderson,GIS Specialist
Phone: (541) 322-7102
Email: Johna@co.deschutes.or.us
Address: 61150 SE27th St
Bend, OR97702
Misc. Contract & Agreement
No. 25458
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1 R- Paving
Huntington Road: South Century Drive - Burgess Road Paving
Deschutes County
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 Deschutes County, acting by and through its elected officials, hereinafter
referred to as "Agency," collectively hereinafter referred to as the "Parties."
RECITALS
1. Huntington Road, South Century Drive, and Burgess Road are a part of the
county road system under the jurisdiction and control of Agency.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, state agencies 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.
3. The American Recovery and Reinvestment Act of 2009, hereinafter referred to as
the "ARRA ", provides funding for job preservation and creation, infrastructure
investment, energy efficiency and science, assistance to the unemployed, and state
and local fiscal stabilization, for fiscal years 2009 and 2010.
4. The ARRA provides each state a sub - allocation of ARRA funds for cities, counties
and metropolitan areas.
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, State and Agency agree to pave various streets or roads as
further identified and shown in the description (Exhibit A -1) and map (Exhibit A -2) both
attached hereto and by this reference made a part hereof, hereinafter referred to as
"Project ". The Project will consist of a 2 -inch pavement overlay in accordance with
1R Guidelines.
Key No. 16474
Agency /State
Agreement No. 25458
2. The Project shall be conducted as a part of the ARRA Program under Title 23,
United States Code. The total Project cost is estimated at $1,263,000, which is
subject to change. ARRA Program funds for this Project shall be limited to
$1,044,479. The Project will be financed with ARRA funds at 100 percent of the
maximum allowable federal participating amount. Agency will not be required to
provide a match for the ARRA funds but will be responsible for any non - participating
costs, including all costs in excess of the available federal funds.
3. The federal funding for this Project is contingent upon approval by the FHWA and
receipt of federal funds by State. Any work performed prior to "authorization" (also
called obligation of funds) by FHWA or outside the scope of work will be considered
non - participating and paid for at Agency expense.
4. State considers Agency a subrecipient of the federal funds it receives as
reimbursement under this Agreement. The Catalog of Federal Domestic Assistance
(CFDA) number and title for this Project is 20.205, Highway Planning and
Construction.
5. Agency shall place signs that identify Project as "American Recovery and
Reinvestment Act of 2009" (State approved design). Agency may affix additional
signage that identifies local funds used for the Project.
6. Agency shall report to State the required reporting data by federal and state
mandates for delivery of the ARRA program. State shall inform the local agencies of
the reporting requirements once they have been received from FHWA and the
Department of Administrative Services and such requirements shall be made a part
of this Agreement.
7. The term of this Agreement will begin upon execution and will terminate upon
completion of the Project and final payment or September 30, 2015, whichever is
sooner. No work can begin on this Project until Agency receives a Notice to Proceed
from State's Local Agency Liaison.
8. This Agreement may be terminated by mutual written consent of both Parties.
9. 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.
2
Agency /State
Agreement No. 25458
i. 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.
b. If Agency fails to provide payment of its share of the cost of the Project.
c. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
d. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
10. Because of the ARRA funding requirements, Agency must advance the Project for
obligation of funds prior to March 1, 2010; and State must make a determination no
later than December 31, 2009 whether this date will be met. Therefore, if Agency
has not submitted the Project "Plans, Specification and Estimates" (PS &E) package
to State's Region office by December 31, 2009, the Project will be reviewed by
State, in coordination with the Oregon Local Program Committee. If State
determines that the ARRA funds will not be, or are unlikely to be, obligated for
construction prior to March 1, 2010, State may terminate this Agreement effective
upon delivery of written notice to Agency, allowing the funds to be distributed to
another project at State's discretion; and State shall have no obligation to replace
the ARRA funds with other state or federal funds.
11. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
12. 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.
13. Agency, as a recipient of federal funds, pursuant to this Agreement with 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
3
Agency /State
Agreement No. 25458
Agency's breach of any such conditions that requires State to return funds to the
Federal Highway Administration, hold harmless and indemnify 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.
14.Agency certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of Agency, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind Agency.
15. 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.
16. 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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
This Project is amended into the 2008 -2011 Statewide Transportation Improvement
Program, 16474 that was approved by the Oregon Transportation Commission on
November 14, 2007 or will subsequently be approved by amendment to the STIP.
The Oregon Transportation Commission on December 29, 2008, 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.
4
Agency /State
Agreement No. 25458
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways, to approve and sign agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
Deschutes County, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By
Date
By
Date
By
Deputy Director, Highways
Date
APPROVAL RECOMMENDED
By
APPROVED AS TO LEGAL Local Government Section Manager
SUFFICIENCY
Date
By
Agency Counsel APPROVED AS TO LEGAL
SUFFICIENCY
Date
Agency Contact:
George Kolb
61150 SE 27th St
Bend, OR 97702
georgek @co.deschutes.or.us
541.322.7113
State Contact:
Darrell Newton, ODOT Region 4
63085 N Hwy 97, Ste 101
Bend, OR, 97701 -5754
Darrell .R.Newton @ODOT.state.or.us
541.388.6282
5
By
Assistant Attorney General
Date:
Agency /State
Agreement No. 25458
Exhibit A -1
Description
Project Limits
Huntington Road from South Century Drive to Burgess Road.
6
Agency /State
Agreement No. 25458
Exhibit A -2
Map
F-luntington Rd: S Ca uwy Dr Burgess Rd
7
Agency /State
Agreement No. 25458
ATTACHMENT NO. 1 to Agreement No. 25458
SPECIAL PROVISIONS
1. Agency or its consultant shall, as a federal -aid participating preliminary engineering
function, conduct the necessary field surveys, environmental studies, traffic
investigations, foundation explorations, and hydraulic studies, identify and obtain all
required permits, and perform all preliminary engineering and design work required
to produce final plans, preliminary/final specifications and cost estimates.
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 Chief
Procurement Officer or designee (Salem). Said contract must be reviewed and
approved by State's Chief Procurement Officer 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 4'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 reimburse State for payment of those
services, which are not eligible as federal participating costs and included as part of
the total cost of the Project.
5. Final billings shall be submitted to State for processing within two (2) years from the
end of each funding phase as follows: 1) award date of a construction contract for
preliminary engineering (PE) and 2) third notification for construction. Partial billing
(progress payment) shall be submitted to State within one (1) year from the date that
costs are incurred. Final billings submitted after two (2) years shall not be eligible for
reimbursement. No ARRA funded invoices will be accepted and no AARA funded
payments will be made after March 1, 2010. State shall not be responsible to provide
additional funding to Agencies that do not have final billings processed before this
date.
6. If Project involves pavement overlay on a bridge, Agency shall either (a) load rate
the bridge when adding two (2) inches of pavement depth to an existing bridge deck
to determine if the capacity of the bridge or (b) remove two inches of Asphalt
Concrete (AC) from the bridge deck and then place two inches back for a zero net
8
Agency /State
Agreement No. 25458
gain of Asphalt Concrete (in -lay /over -lay) on the bridge deck. Agency shall then
sawcut the new AC pavement at the bridge ends and fill with poured joint filler to
account for bridge movement.
7. If Project is a 1R resurfacing project included in the Statewide Programmatic
Categorical Exclusion approved for ARRA projects, Agency shall ensure that Project
conforms to the 1R Resurfacing Guidelines, attached by reference and shown on
http: / /www.oregon.govtODOT /HWY /LGS /online.shtml.
8. This Project Agreement does not require a Right of Way Services agreement as
described in Standard Provisions, Paragraph 18. This Project will require right of
way certification. Agency shall complete and sign the attached Right of Way
Certification form, shown on Exhibit B, attached hereto and by this reference made a
part hereof.
9. Agency shall, at its own expense, maintain and operate the Project upon completion
and throughout the useful life of the Project at a minimum level that is consistent with
normal depreciation and /or service demand. State and Agency agree that the useful
life of this Project is defined as eight (8) calendar years. State may conduct periodic
inspections during the life of the Project to verify that Project is properly maintained
and continues to serve the purpose for which federal funds were provided.
Maintenance and power responsibilities shall survive any termination of this
Agreement.
9
Agency /State
Exhibit B
Agreement No. 25458 Right of Way Certification Form
Oregon Department of Transportation
RIGHT -OF -WAY CERTIFICATION
Local Government ARRA 1R Projects
1. Project Information:
Section Bid Opening
Highway FAP No.
County /City Key No.
R/W Map # NONE
2. Primary Declaration:
(Modify or delete statements that do not apply then delete this instruction).
I certify that to the best of my knowledge the following statements are correct with regard to the right -of-
way for this project (23 CFR 635.309):
No additional right -of -way was acquired. Construction can be accomplished within the existing
rig ht -of -way.
3. Signature of Certifying Agency: (Both signatures required on Local Public Agency Projects).
(enter name), Asst. State R/W Manager Local Government Agency
Date
Date
4. Distribution: (modify the distribution to fit your particular Region, with the exception of RNV Project Administration)
Original: R/W Project Administration
Copy: Local Governments Section
Copy: Region RNV Manager
Copy: Region Local Agency Liaison
10
Agency /State
Agreement No. 25458
ATTACHMENT NO. 2
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration
(FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local
government, or other state agency) hereby agrees that State shall have full authority to carry
out this administration. If requested by Agency or if deemed necessary by State in order to
meet its obligations to FHWA, State will further act for Agency in other matters pertaining to
the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's
Advisory Committee and /or Technical Advisory Committee, conduct a hearing and
recommend the preferred alternative. State and Agency shall each assign a liaison person
to coordinate activities and assure that the interests of both parties are considered during all
phases of the Project.
2. Any project that uses federal funds in project development is subject to plans, specifications
and estimates (PS &E) review and approval by FHWA or State acting on behalf of FHWA
prior to advertisement for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may perform preliminary and construction engineering. If Agency
or others perform the engineering, State will monitor the work for conformance with FHWA
rules and regulations. In the event that Agency elects to engage the services of a personal
services consultant to perform any work covered by this Agreement, Agency and Consultant
shall enter into a State reviewed and approved personal services contract process and
resulting contract document. State must concur in the contract prior to beginning any work.
State's personal services contracting process and resulting contract document will follow
Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the
current State Administrative Rules and State Personal Services Contracting Procedures as
approved by the FHWA. Such personal services contract(s) shall contain a description of
the work to be performed, a project schedule, and the method of payment. Subcontracts
shall contain all required provisions of Agency as outlined in the Agreement. No
reimbursement shall be made using federal -aid funds for any costs incurred by Agency or its
consultant prior to receiving authorization from 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.
STDPRO- 2008.doc 11
Rev. 09 -23 -2008
Agency /State
Agreement No. 25458
REQUIRED STATEMENT FOR United States Department of Transportation
(USDOT) FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance, Agency has submitted and the United States Department of
Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative
Action Program which Agency agrees to carry out, this affirmative action program is
incorporated into the financial assistance agreement by reference. That program shall be
treated as a legal obligation and failure to carry out its terms shall be treated as a violation of
the financial assistance agreement. Upon notification from USDOT to Agency of its failure
to carry out the approved program, USDOT shall impose such sanctions as noted in Title 49,
CFR, Part 26, which sanctions may include termination of the agreement or other measures
that may affect the ability of Agency to obtain future USDOT financial assistance.
6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree
to ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with federal
funds. In this regard, Agency shall take all necessary and reasonable steps in accordance
with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and
perform contracts. Neither State nor Agency and its contractors shall discriminate on the
basis of race, color, national origin or sex in the award and performance of
federally- assisted contracts. Agency shall carry out applicable requirements of Title 49,
CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this contract or such other remedy as State deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into
under this Agreement.
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 279C.505, 279C.515, 279C.520,
279C.530 and 279B.270, incorporated herein by-reference and made a part hereof; Title 23
CFR Parts 1.11, 140, 710, and 771; Title 49 CFR Parts 18, 24 and 26; OMB CIRCULAR
NO. A -87 and NO. A -133 Title 23, USC, Federal -Aid Highway Act; Title 41, Chapter 1, USC
51 -58, Anti - Kickback 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
PROJECT FUNDING REQUEST
10. State shall submit a Project funding request to FHWA with a request for approval of federal -
aid participation in all engineering, right -of -way acquisition, eligible utility relocations and /or
construction work for the Project. No work shall proceed on any activity in which
federal -aid participation is desired until such approval has been obtained. The
program shall include services to be provided by State, Agency, or others. State shall notify
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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 federal reimbursement, shall be released to Agency.
The actual cost of services provided by State will be charged to the Project expenditure
account(s) and will be included in the total cost of the Project.
PROJECT ACTIVITIES
12. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications
and cost estimates. State shall, if they prepare these documents, offer Agency the
opportunity to review and approve the documents prior to advertising for bids.
13. The party responsible for performing preliminary engineering for the Project shall, as part of
its preliminary engineering costs, obtain all Project related permits necessary for the
construction of said Project. Said permits shall include, but are not limited to, access, utility,
environmental, construction, and approach permits. All pre- construction permits will be
obtained prior to advertisement for construction.
14. State shall prepare contract and bidding documents, advertise for bid proposals, and award
all contracts.
15. Upon State's award of a construction contract, State shall perform independent assurance
testing in accordance with State and FHWA Standards, process and pay all contractor
progress estimates, check final quantities and costs, and oversee and provide intermittent
inspection services during the construction phase of the Project.
16. State shall, as a Project expense, assign a liaison person to provide Project monitoring as
needed throughout all phases of Project activities (preliminary engineering, right -of -way
acquisition, and construction). The liaison shall process reimbursement for federal
participation costs.
RIGHT OF WAY
17. State is responsible for proper acquisition of the necessary right of way and easements for
construction and maintenance of the Project. Agency may perform acquisition of the
necessary right of way and easements for construction and maintenance of the Project,
provided Agency (or Agency's consultant) are qualified to do such work as required by the
State's Right of Way Manual and have obtained prior approval from State's Region Right of
Way office to do such work.
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18. Regardless of who acquires or performs any of the right of way activities, a right of way
services agreement shall be created by State's Region Right of Way office setting forth the
responsibilities and activities to be accomplished by each party. State shall always be
responsible for requesting project funding, coordinating certification of the right of way, and
providing oversight and monitoring. Funding authorization requests for federal right of way
funds must be sent through the State's Region Right of Way offices on all projects. All
projects must have right of way certification coordinated through State's Region Right of
Way offices (even for projects where no federal funds were used for right of way, but federal
funds were used elsewhere on the Project). Agency should contact the State's Region
Right of Way office for additional information or clarification.
19. State shall review all right of way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right of way activities shall be in
accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of
1970, as amended, ORS Chapter 35, FHWA Federal -Aid Policy Guide, State's Right of Way
Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
20. If any real property purchased with federal -aid participation is no longer needed for the
originally authorized purpose, the disposition of such property shall be subject to applicable
rules and regulations, which are in effect at the time of disposition. Reimbursement to State
and FHWA of the required proportionate shares of the fair market value may be required.
21. Agency insures that all Project right of way monumentation will be conducted in
conformance with ORS 209.155.
22. State and Agency grants each other authority to enter onto the other's right of way for the
performance of the Project.
AGENCY OBLIGATIONS
FINANCE
23. Federal funds shall be applied toward Project costs at the current federal -aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire
match amount, unless otherwise agreed to and specified in the intergovernmental
agreement. 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 matching funds
requirement.
B. Agency's construction phase deposit shall be 110 percent of Agency's share of the
engineer's estimate and shall be received prior to award of the construction contract.
Any additional balance of the deposit, based on the actual bid must be received within
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forty -five (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 forty -five (45) days of receipt by State of the
Project sponsor's written request.
C. Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money
deposited in the State Treasury (an option where a deposit is made in the Local
Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to
the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank
in the name of State, or 3) cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in -kind
contributions rather than cash when prior written approval has been given by State.
25. If the estimated cost exceeds the total matched federal funds available, Agency shall
deposit its share of the required matching funds, plus 100 percent of all costs in excess of
the total matched federal funds. Agency shall also pay 100 percent of the cost of any item
in which FHWA will not participate. If Agency has not repaid any non - participating cost,
future allocations of federal funds, or allocations of State Highway Trust Funds, to that
Agency may be withheld to pay the non - participating costs. If State approves processes,
procedures, or contract administration outside the Local Agency Guidelines that result in
items being declared non- participating, those items will not result in the withholding of
Agency's future allocations of federal funds or the future allocations of State Highway Trust
Funds.
26. Costs incurred by State and Agency for services performed in connection with any phase of
the Project shall be charged to the Project, unless otherwise mutually agreed upon.
27. If Agency makes a written request for the cancellation of a federal -aid project; Agency shall
bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of
the cancellation, State shall bear 100 percent of all costs incurred. If it is determined that
the cancellation was caused by third parties or circumstances beyond the control of State or
Agency, Agency shall bear all development costs, whether incurred by State or Agency,
either directly or through contract services, and State shall bear any State administrative
costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes,
and all other data to Agency.
28. Agency shall follow requirements of the Single Audit Act. The requirements stated in the
Single Audit Act must be followed by those local governments and non - profit organizations
receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98 -502 as
amended by PL 104 -156, described in "OMB CIRCULAR NO. A- 133 ", requires local
governments and non - profit organizations to obtain an audit that includes internal controls
and compliance with federal laws and regulations of all federally- funded programs in which
the local agency participates. The cost of this audit can be partially prorated to the federal
program.
29. Agency shall make additional deposits, as needed, upon request from State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the Project.
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30. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf
of the Project directly to State's Liaison Person for review and approval. Such invoices shall
identify the Project and Agreement number, and shall itemize and explain all expenses for
which reimbursement is claimed. Billings shall be presented for periods of not less than
one -month duration, based on actual expenses to date. All billings received from Agency
must be approved by State's Liaison Person prior to payment. Agency's actual costs
eligible for federal -aid or State participation shall be those allowable under the provisions of
Title 23 CFR Parts 1.11, 140 and 710, Final billings shall be submitted to State for
processing within three months from the end of each funding phase as follows: 1) award
date of a construction contract for preliminary engineering 2) last payment for right -of -way
acquisition and 3) third notification for construction. Partial billing (progress payment) shall
be submitted to State within three months from date that costs are incurred. Final billings
submitted after the three months shall not be eligible for reimbursement.
31. The cost records and accounts pertaining to work covered by this Agreement are to be kept
available for inspection by representatives of State and FHWA for a period of six (6) years
following the date of final voucher to FHWA. Copies of such records and accounts shall be
made available upon request. For real property and equipment, the retention period starts
from the date of disposition (Title 49 CFR 18.42).
32. State shall request reimbursement, and Agency agrees to reimburse State, for federal -aid
funds distributed to Agency if any of the following events occur:
a) Right of way acquisition or actual construction of the facility for which
preliminary engineering is undertaken is not started by the close of the tenth
fiscal year following the fiscal year in which the federal -aid funds were
authorized;
b) Right of way acquisition is undertaken utilizing federal -aid funds and actual
construction is not started by the close of the twentieth fiscal year following
the fiscal year in which the federal -aid funds were authorized for right of way
acquisition.
c) Construction proceeds after the Project is determined to be ineligible for
federal -aid funding (e.g., no environmental approval, lacking permits, or other
reasons).
33. Agency shall maintain all Project documentation in keeping with State and FHWA standards
and specifications. This shall include, but is not limited to, daily work records, quantity
documentation, material invoices and quality documentation, certificates of origin, process
control records, test results, and inspection records to ensure that projects are completed in
conformance with approved plans and specifications.
RAILROADS
34. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through State's appropriate Region
contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646,
subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs;
all other costs associated with railroad work will be at the sole expense of Agency, or others.
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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 twenty -one (21) weeks prior to bid let date.
However, State is under no obligation to agree to perform said duties.
36. Agency shall follow established State utility relocation policy and procedures. The policy and
procedures are available through the appropriate State's Region Utility Specialist or State's
Right of Way Section Railroad Liaison, and Utility Engineer.
STANDARDS
37. Agency agrees that design standards for all projects on the National Highway System (NHS)
and the Oregon State Highway System shall be in compliance to standards specified in the
current "State Highway Design Manual" and related references. Construction plans shall be
in conformance with standard practices of State for plans prepared by its own staff. All
specifications for the Project shall be in substantial compliance with the most current
"Oregon Standard Specifications for Highway Construction ".
38. Agency agrees that minimum design standards for non -NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian
Plan ", unless otherwise requested by Agency and approved by State.
39. Agency agrees and will verify that the installation of traffic control devices shall meet the
warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon
Supplements ".
40. All plans and specifications shall be developed in general conformance with the current
"Contract Plans Development Guide" and the current "Oregon Standard Specifications for
Highway Construction" and /or guidelines provided.
41. The standard unit of measurement for all aspects of the project shall be English Units. All
project documents and products shall be in English. This includes, but is not limited to, right
of way, environmental documents, plans and specifications, and utilities.
GRADE CHANGE LIABILITY
42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all
acts necessary to complete construction of the Project which may alter or change the grade
of existing county roads are being accomplished at the direct request of the County.
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43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade
changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for
change of grade.
44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS
373.030(2) to any and all changes of grade within the City limits, and gives its consent as
required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any
there be in connection with or arising out of the project covered by the Agreement.
CONTRACTOR CLAIMS
45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide
legal defense for State against all claims brought by the contractor, or others resulting from
Agency's failure to comply with the terms of this Agreement.
46. Notwithstanding the foregoing defense obligations under Paragraph 45, neither Agency nor
any attorney engaged by Agency shall defend any claim in the name of the State of Oregon
or any agency of the State of Oregon, nor purport to act as legal representative of the State
of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney
General. The State of Oregon may, at anytime at its election assume its own defense and
settlement in the event that it determines that Agency is prohibited from defending the State
of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or
that an important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it
may have against Agency if the State of Oregon elects to assume its own defense.
MAINTENANCE RESPONSIBILITIES
47. Agency shall, upon completion of construction, thereafter maintain and operate the Project
at its own cost and expense, and in a manner satisfactory to State and FHWA.
WORKERS' COMPENSATION COVERAGE
48. All employers, including Agency that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 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 RESTRICTIONS
49. Agency certifies by signing the Agreement that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
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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 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, USC Section
1352.
E. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Paragraphs 35, 36, and 47 are not applicable to any local agency on state highway projects.
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