HomeMy WebLinkAboutItem 13- Mill Street ROW IGAAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
6/5/2023
Regular Meeting
Kristi Krueger/DPW
541-726-3628
05 Minutes
SPRINGFIELD Council Goals: Maintain and Improve
CITY COUNCIL Infrastructure and
Facilities
ITEM TITLE: INTERGOVERNMENTAL AGREEMENT FOR RIGHT-OF-WAY SERVICES
WITH ODOT FOR THE MILL STREET: SOUTH "A" STREET TO
CENTENNIAL BOULEVARD (SPRINGFIELD) PROJECT
ACTION
Authorize the City Manager to negotiate and execute the Intergovernmental
REQUESTED:
Agreement (IGA) for right-of-way (ROW) services with the Oregon Department of
Transportation (ODOT) for the Mill Street: South "A" Street to Centennial
Boulevard (Springfield) project.
ISSUE
The City of Springfield applied for and received federal MPO discretionary
STATEMENT:
Transportation funds for the reconstruction of Mill Street from South A Street to
Centennial Boulevard. As funding for the project includes federal funds, the project
is being delivered by ODOT. The execution of the IGA is necessary to initiate
ODOT's ROW services.
ATTACHMENTS:
1. ROW IGA with ODOT
DISCUSSION/
The City of Springfield applied for and received federal MPO discretionary
FINANCIAL
Transportation funds for the reconstruction of Mill Street from South A Street to
IMPACT:
Centennial Boulevard. The project is currently in design and is ready to start the
ROW process which is the project's critical path.
ODOT has agreed to deliver the project on behalf of the City and so to begin the
ROW phase of the project, an IGA between ODOT and the City has been
developed for ROW services.
The federal Metropolitan Planning Organization (MPO) contribution for the ROW
phase of the project is $358,920.00 with a local match of $41,080.00.
Staff recommends Council approve giving the City Manager authority to negotiate
and sign the agreement.
Misc. Contracts and Agreements
No. 73000-00006686
A092-020122
INTERGOVERNMENTAL AGREEMENT
FOR RIGHT OF WAY SERVICES
Mill Street: South "A" Street to Centennial Boulevard (Springfield)
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" or "ODOT";
and CITY OF SPRINGFIELD, acting by and through its elected officials, hereinafter referred to
as "Agency," both herein referred to individually as "Party" and collectively as "Parties."
RECITALS
By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110, 366.572 and
366.576, state agencies may enter into agreements wi units of local government or other
state agencies for the performance of any or all fun ns and activities that a Party to the
agreement, its officers, or agents have the authont o rform.
2. By the authority granted in ORS 366.425, to ay acTept deposits of money or an
irrevocable letter of credit from any county, city, d district, person, firm, or corporation for
the performance of work on any public hi wit the State. Money so deposited shall be
disbursed for the purpose for which it was p
3. Mill Street, A Street and Centen I BJhIevJV are part of the city street system under the
jurisdiction and control of Agenc
4. State is responsible for d ering el�ill Street: South "A" Street to Centennial Boulevard
(Springfield) project ("Proj un r ODOT Delivered Federal Project Agreement Number
33959 executed on April 14, and Amendment No. 01 executed on July 20, 2022
("Project Agreement") attached ereto as Exhibit C and by this reference made a part hereof.
5. This Agreement covers a subset of the work set forth in the Project Agreement; therefore, the
Project Agreement describes the general scope and funding for the right of way activities
carried out under this Agreement. This Agreement further defines the roles and responsibilities
of the Parties regarding real property to be used as part of the right of way for the Project, and
further refines the details of the scope and funding for these right of way activities.
6. As of the Effective Date of this Agreement, there are no local public agencies ("LPAs") certified
to independently administer federal -aid projects for right of way services. State is ultimately
responsible for the certification and oversight of all right of way activities under this Agreement.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed
by and between the Parties hereto as follows:
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Attachment 1, Page 1 of 50
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TERMS OF AGREEMENT
1. Under such authority, to accomplish the objectives in the Project Agreement, State agrees to
perform the right of way Services shown in Exhibit A - Special Provisions ("Services"), attached
hereto and by this reference made a part hereof.
2. The Parties agree to comply with the terms of this Agreement and the applicable terms of
Project Agreement in performing the Services. In the event of a direct conflict, the terms of
the Project Agreement will control over any conflicting provision in this Agreement.
3. Exhibits Attached and Incorporated.
a. This Agreement includes the following exhibits, each of which is attached and
incorporated into this Agreement by reference as though fully set forth herein:
• Exhibit A — Special Provisions
• Exhibit B — Resolution Exercising The Power of Eminent Domain
• Exhibit C - Project Agreement
4. This Agreement becomes effective on the date all req ' d signatures are obtained ("Effective
Date"). Services shall begin on or after the Effective t d shall be completed no later than
December 31, 2027, on which date this Agreem autom ally expires unless extended by
a fully executed amendment. A#
5. Both Parties will strictly follow the rules, ' ' s procedures of the Uniform Relocation
Assistance and Real Property Acquisition I
iof 1970, as amended and implemented
through Title 49, Part 24, ORS Ch 35ODOT Right of Way Manual, located at
https://www.oregon.gov/0DOT W/ cOW-Manual. df and incorporated
herein by this reference. Each P i ire its contractors and subcontractors, if any, to
comply with this provision.
6. The funding and paymen th Services are set forth in the Project Agreement. This
Agreement commits no additi unding for the Services.
a. Under no condition shall Agency's obligations under this Agreement exceed $400,000.00,
including all expenses, unless agreed upon by both Parties in writing in a fully executed
amendment to this Agreement. This maximum is the amount programmed in the STIP for
the right of way phase of the Project. Expenditures must be charged according to the
appropriate Project phase as identified in Exhibit A.
Agency agrees to reimburse State for all expenses, including salaries and other
personnel expenses (OPE) of State employees performing Services, direct costs, costs
of rental equipment used, travel expenses, and per -diem expenditures. Travel
expenses shall be reimbursed in accordance with the current Oregon Department of
Administrative Services rates as contained in the Oregon Accounting Manual (OAM),
which can be found at:
https://www.oregon.gov/das/Financial/Acctng/Documents/40.10.00.pdf.
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Attachment 1, Page 2 of 50
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STATE OBLIGATIONS
1. State shall perform the Services assigned to State in Exhibit A.
2. State's right of way contact person for this Agreement is Regina Thompson, Senior Right of
Way Agent, ODOT Region 2, 455 Airport Road SE, Builidng B, Salem, Oregon 97301;
phone number: (971) 209-5857; email: Regina.Thompson@odot.oregon.gov, or assigned
designee upon individual's absence. State shall notify the other Party in writing of any contact
changes during the term of this Agreement.
AGENCY OBLIGATIONS
2
K3
Agency shall perform the Services assigned to Agency in Exhibit A. All Services provided by
Agency shall comply with ODOT's Right of Way Manual in effect at the time the Services are
performed.
Agency certifies, at the time this Agreement is executed, that sufficient funds are available and
authorized for expenditure to finance costs of thisreement within Agency's current
appropriation or limitation of current budget. Agency is ling and able to finance its share of
all costs and expenses incurred under this Agreeme o the maximum amount set forth in
Terms of Agreement Paragraph 6.
Agency's performance of Services.
a. In performing Services under this Ag ency may utilize qualified individuals
from Agency's staff or the Staff o?�Lakwth ca ublic agency, as described in the ODOT
Right of Way Manual and ap e by State's Region Right of Way Office. Agency
may also request States L ervices under this Agreement, as further
described in Exhibit A. �k.,
b. Agency may also re st St a act as the lead contracting agency and deliver a
consultant contract on bR41opf Agency, using consultants from State's Full Service
Architectural and Enginee g (A&E) Price Agreement 2 Tier Selection Process, as
applicable. Tier 2 procurements must be requisitioned through State's Local Agency
Liaison (LAL) with solicitation process administered by State's Procurement Office.
Forms and procedures for Tier 2 process are located at:
https://www.oregon.gov/ODOT/Business/Procurement/FS/tier2guide.doc
c. Agency's needed right of way services may be performed by utilizing appraiser Services
procured by Agency from State's Qualified Appraiser List (online at:
https://www.oregon.gov/ODOT/ROW/Documents/Appraisal_Qualified-Consultant-
List.pdf) or other right of way related Services procured by Agency from any source of
qualified contractors or consultants.
d. Contractor selections under Agency Obligations, Paragraphs 3.c above may be based
on price alone, price and qualifications, or qualifications alone followed by negotiation.
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Attachment 1, Page 3 of 50
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Federally funded procurements carried out by Agency for right of way Services must
be conducted under State's certification program for consultant selection and must
comply with requirements in the LPA A&E Requirements Guide, and must use the
State's standard A&E Contract Template for LPAs which may be modified to include
State -approved provisions required by Agency. State and locally funded
procurements carried out by Agency must comply with applicable State rules and
statutes for A&E "Related Services" (Agency may use its own contract document). The
LPA A&E Requirements Guide and A&E Contract Template are available at:
https://www.oregon.gov/ODOT/Business/Procurement/Pages/LPA.aspx.
4. If Agency intends to use Agency staff, staff of another local public agency, consultants
(except for consultants on State's Qualified Appraiser List), or contractors to perform
Services under this Agreement, Agency must receive prior written approval from State's
Region Right of Way Office.
61
0
Agency shall require its contractor(s) and subcontractor(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold
harmless the State of Oregon, Oregon Transportakemployees
mmission and its members,
Oregon Department of Transportation and its offic and agents from and
against any and all claims, actions, liabilities, d asses, or expenses, including
attorneys' fees, arising from a tort, as now or eafted in ORS 30.260 ("Claims"),
to the extent such Claims are caused, or all d be caused, by the negligent or willful
acts or omissions of Agency's contractor or of the officers, agents, employees or
subcontractors of the contractor. It is the c i ntion of the Parties that State shall, in
all instances, except to the extent Claim ely from the negligent or willful acts or
omissions of State, be indemnifi a against all Claims caused or alleged to be
caused by the contractor or su ntr
Any such i ndem n ificatio2elPffNN provide that neither the Agency's contractor or
subcontractor nor any rney gaged by Agency's contractor or subcontractor shall
defend any claim in the na of State of Oregon or any agency of the State of Oregon,
nor purport to act as legal re sentative 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 any time at its election assume its own defense and settlement in the event that it
determines that Agency's contractor is prohibited from defending the State of Oregon, or
that Agency's contractor 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 claims it may have
against Agency's contractor if the State of Oregon elects to assume its own defense.
7. Agency shall perform all Services under this Agreement as an independent contractor and
shall be exclusively responsible for all costs and expenses related to its employment of
individuals to perform the Services under this Agreement including, but not limited to,
retirement contributions, workers compensation, unemployment taxes, and state and federal
income tax withholdings.
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Attachment 1, Page 4 of 50
8. When Agency is performing Services under this Agreement, Agency shall ensure that
temporary pedestrian routes are provided through or around any Project work zone. Any such
temporary pedestrian route shall include directional and informational signs, comply with
ODOT standards, and include accessibility features equal to or better than the features
present in the existing pedestrian facility. Agency shall also ensure that advance notice of any
temporary pedestrian route is provided in accessible format to the public, people with
disabilities, and disability organizations at least 10 days prior to the start of construction.
9. Agency certifies and represents that all individuals signing this Agreement have 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.
10. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the
federal government, and their duly authorized representatives shall have access to the
books, documents, papers, and records of Agency which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts, and transcripts for a
period of six (6) years after final payment. Copies o pplicable records shall be made
available upon request. Payment for costs of copies ' eimbursable by State.
11. Agency shall comply with all federal, state, a ocal la regulations, executive orders
and ordinances applicable to the Service n this greement, including, without
limitation, the provisions of ORS 2798.2201 27 25, 279B.230, 27913.235 and 27913.270
incorporated herein by reference and m a reof. Without limiting the generality of
the foregoing, Agency expressly agrees to o ith (i) Title VI of Civil Rights Act of 1964;
(ii) Title V and Section 504 of t ha station Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and O 6 14 (iv) all regulations and administrative rules
established pursuant to the fore a and (v) all other applicable requirements of
federal and state civil right,h itation statutes, rules and regulations.
12. Agency shall upon State's Xuesfrovide copies of any required documentation related to
the Services as described in ETIffit A.
13. Agency's right of way contact person for this Agreement is Kristi Kruger, Capital Engineering
Manager, City of Springfield, 225 5th Street, Springfield, Oregon 97477; telephone: (541)
726-4584; email: kkrueger@springfield-or.gov, or assigned designee upon individual's
absence. Agency shall notify the other Party in writing of any contact information changes
during the term of this Agreement.
GENERAL PROVISIONS:
1. Termination.
a. This Agreement may be terminated by mutual written consent of both Parties.
b. This Agreement may be terminated by either Party upon thirty (30) days' notice, in
writing, and delivered by certified mail or in person, under any of the following conditions:
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Attachment 1, Page 5 of 50
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i. If either Party fails to provide Services called for by this Agreement within the time
specified herein or any extension thereof.
ii. If either Party fails to perform any of the other provisions of this Agreement or so fails
to pursue the Services as to endanger performance of this Agreement in accordance
with its terms, and after receipt of written notice fails to correct such failures within
ten (10) days or such longer period as may be authorized.
c. 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:
i. 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.
ii. If Agency fails to provide payment of its share of the cost of the Project.
iii. If federal or state laws, regulations or guidelin are modified or interpreted in such
a way that either the Services under thi ement is prohibited or State is
prohibited from paying for such Services m the nned funding source.
d. Any termination of this Agreement shall no dice any rights or obligations accrued
to the Parties prior to termination.
2. All employers that employ subject er o 7rform Services under this Agreement in
the State of Oregon shall comp i O 656.017 and provide the required workers'
compensation coverage unles s loyers are exempt under ORS 656.126.
Employers Liability insura it overage limits of not less than $500,000 must be
included. Both Parties I en e at each of its subcontractors complies with these
requirements.
3. If any third party makes any cI or brings any action, suit or proceeding alleging a tort as
now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with
respect to which the other Party may have liability, the notified Party must promptly notify
the other Party in writing of the Third Party Claim and deliver to the other Party a copy of
the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party
is entitled to participate in the defense of a Third Party Claim and to defend a Third Party
Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required
in this paragraph and meaningful opportunity for the Party to participate in the investigation,
defense and settlement of the Third Party Claim with counsel of its own choosing are
conditions precedent to that Party's liability with respect to the Third Party Claim.
4. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be
if joined in the Third Party Claim), State shall contribute to the amount of expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by Agency in such proportion as is appropriate to
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Attachment 1, Page 6 of 50
reflect the relative fault of State on the one hand and of Agency on the other hand in
connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of State
on the one hand and of Agency on the other hand shall be determined by reference to,
among other things, the Parties' relative intent, knowledge, access to information and
opportunity to correct or prevent the circumstances resulting in such expenses, judgments,
fines or settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon Tort
Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
5. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be
if joined in the Third Party Claim), Agency shall contribute to the amount of expenses
(including attorneys' fees), judgments, fines and amounts paid in settlement actually and
reasonably incurred and paid or payable by State in such proportion as is appropriate to
reflect the relative fault of Agency on the one hand and of State on the other hand in
connection with the events which resulted in such expenses, judgments, fines or settlement
amounts, as well as any other relevant equitable considerations. The relative fault of Agency
on the one hand and of State on the other hand shall b etermined by reference to, among
other things, the Parties' relative intent, knowledge ess to information and opportunity
to correct or prevent the circumstances resultin s expenses, judgments, fines or
settlement amounts. Agency's contribution a nt in an stance is capped to the same
extent it would have been capped under Ore I , including the Oregon Tort Claims Act,
ORS 30.260 to 30.300, if it had sole liabil' in t roceeding.
6. The Parties shall attempt in good faith to r y dispute arising out of this Agreement.
In addition, the Parties may agree ze 'ointly selected mediator or arbitrator (for non-
binding arbitration) to resolve th is t of litigation.
7. Agency, as a recipient ':D
0s, pursuant to this Agreement with the State, shall
assume sole liability fs reach of any federal statutes, rules, program
requirements and grant propplicable to the federal funds, and shall, upon Agency's
breach of any such conditionequires 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.
8. Agency and State are the only Parties to this Agreement and are the only Parties entitled
to enforce its terms. Nothing in this Agreement gives, is intended to give, or will be construed
to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third
persons unless such third persons are individually identified by name herein and expressly
described as intended beneficiaries of the terms of this Agreement.
9. The Parties hereto agree that if any term or provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law,
the validity of the remaining terms and provisions shall not be affected, and the rights and
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Attachment 1, Page 7 of 50
obligations of the Parties shall be construed and enforced as if the Agreement did not
contain the particular term or provision held to be invalid.
10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of
which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
11. This Agreement and attached exhibits constitute the entire agreement between the Parties
on the subject matter hereof. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this Agreement. No waiver, consent,
modification or change of terms of this Agreement shall bind either Party unless in writing
and signed by both Parties and all necessary approvals have been obtained. Such waiver,
consent, modification or change, if made, shall be effective only in 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.
12. Survival. All rights and obligations of the Parties unOF this Agreement will cease upon
termination or expiration of this Agreement, other n the rights and obligations of the
parties that by their nature or express term i termination or expiration of this
Agreement.
THE PARTIES, by execution of this AgreemeMWereby acknowledge that their signing
representatives have read this Agreement,sta it, and agree to be bound by its terms
and conditions.
73000-00006686
SiagatuAb Pam to Follow
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Attachment 1, Page 8 of 50
CITY OF SPRINGFIELD, by and through its STATE OF OREGON, by and through
designated officials its Department of Transportation
By
Title:
Date
By
Title:
Date
LEGAL REVIEW APPROVAL (If required
in Agency's process)
By
Agency's Counsel
Date
Agency Contact:
Kristi Krueger
Capital Engineering Manager
City of Springfield
225 5th Street
Springfield, Oregon 97477
(541) 726-4584
kkrueger@springfield-or.gov
State Contact:
Regina Thompson v
Region 2 Senior Right of Way Agent
455 Airport Road SE, Building B
Salem, Oregon 97301
(971) 209-5857
Regina.Thompson@odot-oregon.gov
73000-00006686
By
State Right of Way Manager
Date
APPROVAL RECOMMENDED
By
Region 2 Right of Way Manager
Date
By
Region 2 Manager
Date
A
ED TO LEGAL SUFFICIENCY
ttorney General
PROVED
By _N/A
Chief Trial Counsel
Attachment 1, Page 9 of 50
Exhibit A
SPECIAL PROVISIONS
Right of Way Services
A. Preliminary Phase: State or Agency shall perform the Services outlined in this Section A
during the preliminary right of way phase of the Project as identified below. When Services listed
under this Section A are performed by Agency, Agency shall charge the Services as preliminary
engineering expenditures.
1. State shall prepare preliminary cost estimates.
2. State shall make preliminary contacts with property owners.
3. State shall gather and prepare data for environmental documents.
4. State shall develop access and approach road list.
5.
[01
State shall help prepare field location and project data as defined in the Project Agreement.
Title. State shall provide preliminary title report tate determines they are needed,
before negotiations for acquisition commend
7. Legal Descriptions:
a. State shall prepay
vesting deeds, ma
b. State shall prepar(
C
recovery and retracement surveys,
descriptions can be written.
-section information for the Project.
State shall write le r ns and prepare right of way maps. If the Agency
acquires any right ay on St to highway, the property descriptions and right of way
maps shall be base on nterline stationing and shall be prepared in accordance
with the current O Right of Way Engineering Manual, located at
https://www.oregon.gov/ODOT/ETA/Documents Geometronics/ROW-Eng-
Manual.pdf and incorporated herein by reference. The preliminary and final versions
of the property descriptions and right of way maps must be reviewed and approved by
the State.
d. State shall specify the degree of title to be acquired (e.g., fee, easement), which must
be determined in accordance with the current ODOT Right of Way Manual.
8. Hazmat:
a. State shall conduct a Level 1 Initial Site Assessment, according to State Guidance,
within Project limits to detect presence of hazardous materials on any property
purchase, excavation or disturbance of structures, as early in the Project design as
possible, but at a minimum prior to property acquisition or approved design.
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b. State shall conduct a Level 2 Preliminary Site Investigation, according to ODOT's
Hazmat Program Procedures Guidebook and other applicable requirements of the
Oregon Department of Environmental Quality, of sufficient scope to confirm the
presence of contamination, determine impacts to properties and develop special
provisions and cost estimates, if the Level 1 Initial Site Assessment indicates the
potential presence of contamination that could impact the properties. If
contamination is found, State will promptly disclose the severity and extent of
contamination to Agency and present a recommendation for remediation to Agency
as set forth in ODOT's Right of Way Manual Section 6.330 paragraph 2.
c. State shall attempt to have the property owner undertake any necessary remediation
at the property owner's expense. Other options are set forth in ODOT's Right of Way
Manual section 6.330 paragraph 2.b. If State undertakes any remediation on the site,
State will be solely responsible for any liability that may arise from such remediation.
B. Right of Way Phase: State or Agency shall perform the Services outlined in this Section B
during the acquisition right of way phase of the Project as identified below. When Services listed
under this Section B are performed by Agency, Agency shaJ�charge the Services as right of way
expenditures. Y
1. Right of Way Acquisition: ,
a. Right of Way Acquisition is the process
from negotiation to possession of t
but not limited to, appraisal, negoti is
project related property mamneldomain. The basic requir or
are set forth in this Section MW
)lWining property necessary for the Project,
e using various sub -processes including,
pqWdemnation, relocation, title closing, and
related to the potential exercise of eminent
rying out right of way acquisition for the Project
b. When performing tAFright %aTacquisition Services, State shall provide Agency with
a monthly status rep oft Services.
c. Title to properties acquired shall be in the name of State.
e. The Agency delegates, and the State accepts, the Agency's authority pursuant to all
relevant common law, statutes, ordinances, and other authorities, to acquire and
condemn property on Agency's behalf for the Project, where such acquisition or
condemnation is made necessary by the Project.
f. The Agency shall adopt a resolution of intention and determination of necessity in
accordance with ORS 35.235 and ORS 35.610, authorizing acquisition and
condemnation ("Resolution"). Agency's Resolution shall be substantially in the form
of Exhibit B, attached hereto and by this reference made a part hereof. If the Agency
would like the Oregon Department of Justice (DOJ) to provide legal or litigation
Services related to the condemnation work identified in this Agreement on Agency's
behalf, DOJ must provide approval prior to performance of the Right of Way Services
under this Agreement. To secure DOJ assistance, ODOT's Region Right of Way
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Attachment 1, Page 11 of 50
Manager must submit a written request to DOJ's Chief Trial Counsel, the Agency
must expressly and officially request and authorize DOJ representation for the
condemnation on the Project, and the signature of DOJ's Chief Trial Counsel must
be obtained on this Agreement.
2. Real Property and Title Insurance:
a. State shall determine sufficiency of title (taking subject to). If the Agency acquires any
right of way on a State highway, sufficiency of title (taking subject to) shall be
determined in accordance with the current ODOT Right of Way Manual, and after
obtaining State's concurrence. Agency shall clear any encumbrances necessary to
conform to these requirements, obtain Title Insurance policies as required and provide
the State copies of any title policies for the properties acquired.
b. Agency shall accept conveyed property "as -is" and in accordance with ORS 93.808.
State is not required to provide any additional Services to Agency, including but not
limited to payment, documentation, platting, surveying, or remediation, beyond those
specifically set forth in this Agreement.
3. Appraisal:
a. State shall conduct the valuation proc of operflTs to be acquired. If hazardous
materials are located on the property, all use section 6.330, paragraph 2 in
ODOT's Right of Way Manual.
b. State shall perform the appr ' ev to 'set just compensation.
c. State shall recommend j c ion, based upon a review of the valuation by
qualified personnel.
4. Negotiations:
a. State shall tender all mo ary offers to landowners in writing at the compensation level
shown in the appraisal review. State shall have sole authority to negotiate and make
all settlement offers. When settlements for property acquisitions are made for more or
less than the approved just compensation amount, a justification is required. Said
statement will include the consideration of any property trades, construction obligations
and zoning or permit concessions. If State performs this function, it will provide the
Agency with all pertinent letters, negotiation records and obligations incurred during the
acquisition process.
b. State and Agency shall determine a date for certification of right of way and agree to
cosign the State's Right of Way Certification form. State and Agency agree possession
of all right of way is complete prior to advertising for any construction contract, unless
otherwise agreed to by Agency and State.
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c. State agrees to file all Recommendations for Condemnation (Form 734-3311 and
accompanying documents) with ODOT right of way headquarters, at least seventeen
(17) weeks prior to the right of way certification date if negotiations have not been
successful on those properties.
5. Relocation:
a. State shall perform any relocation assistance, make replacement housing
computations, and do all things as required by applicable state and federal law
necessary to relocate any persons displaced by the Project.
b. State shall determine all relocation benefits each property owner is eligible for and
shall make all relocation and moving payments.
c. State shall facilitate the relocation appeal process.
C. Closing Phase
1
1►J
State shall close all transactions. This include drawing of deeds, releases and
satisfactions necessary to clear title, obtaining tures on release documents, and
making all payments.
Upon acceptance by State the conveyance ents shall be recorded.
D. Property Management
1
State shall take po;
encroachments of buil(
right of way.
2. State shall dispose of
federal, and local laws
uired properties. There shall be no
vements allowed upon the State highway
ass land consistent with applicable state,
3. State shall conduct asbestos, lead paint and other hazardous materials surveys for all
structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys
must be conducted by an AHERA (asbestos hazard emergency response act) certified
inspector.
E. Condemnation
1. State may offer mediation if the State and property owners have reached an impasse.
2. State shall perform all administrative functions in preparation of the condemnation process,
such as preparing final offer and complaint letters.
73000-00006686
Attachment 1, Page 13 of 50
-13-
3. State shall perform all legal and litigation Services related to the condemnation process,
including all settlement offers. Prior approval of this Agreement by DOJ and passage of an
Agency Resolution are required as provided in Section B.1.e above.
4. When State performs legal or litigation Services related to the condemnation process,
Agency acknowledges, agrees and undertakes to assure that no member of Agency's
board or council, nor Agency's mayor, when such member or mayor is a practicing
attorney, nor Agency's attorney(s), nor any member of the law firm of Agency's attorney(s),
board or council member(s), or mayor, nor any other employee or representative of Agency
licensed to practice law, will represent any party, except Agency, against the State of
Oregon, its employees or contractors, in any matter arising from or related to the Project
or the Services.
F. Transfer of Right of Way to State
When right of way is being acquired in Agency's name, Agency agrees to transfer and State
agrees to accept all right of way acquired on the State highway. Agency shall identify the
existence of any hazardous materials on or in the prop e prior to the transfer. The specific
method of conveyance will be determined by theAge and the State at the time of transfer
and shall be coordinated by the State's Region t ay Manager. Agency agrees to
provide the State all information and file doc entatio a State deems necessary to
integrate the right of way
of all recorded conveyanc
right of way acquisition p
acquisition file that reflec
owner(s).
G. Transfer of Right of Wa
iinimum, this includes: copies
ame of the Agency during the
or Summary Report for each
agreements with the property
When right of way is bei cquir it State's name, State agrees to transfer and Agency
agrees to accept, at no adds al st to the State, all right of way acquired on the Agency's
facility, subject to concurrent m the Oregon Transportation Commission and FHWA at
the time of the transfer. State shall identify the existence of any hazardous materials on or in
the property prior to the transfer. The specific method of conveyance will be determined by
the State and the Agency at the time of transfer and shall be coordinated by the State's
Region Right of Way Manager. If requested, State agrees to provide Agency information
and file documentation associated with the transfer.
73000-00006686
Attachment 1, Page 14 of 50
-14-
EXHIBIT B
SAMPLE RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN
Right of Way Services
This Exhibit is an example only and the completed resolution will be a separate
document from the ROWSA. (Instructions, please delete before completing form)
Regions: This portion of the document is unlocked. The LPA should block and copy to
incorporate this language into their own standard resolution form OR fill in an "attested to" line
or signature line at the bottom and use this form.
WHEREAS (insert title of agency) may exercise the power of eminent domain pursuant to
(Agency's charter) (statutes conferring authority) and the Law of the State of Oregon generally,
when the exercise of such power is deemed necessary by the (insert title of agency)'s
governing body to accomplish public purposes for which (insert title of agency) has
responsibility;
WHEREAS (insert title of agency) has the responsibility of providing safe transportation routes
for commerce, convenience and to adequately serve the traveling public;
WHEREAS the project or projects known as (insert P ect name) have been planned in
accordance with appropriate engineering standard e construction, maintenance or
improvement of said transportation infrastructurech tha roperty damage is minimized,
transportation promoted, travel safeguarded; an
WHEREAS to accomplish 1
interests in the property c
reference incorporated her.
BE IT HEREBY RESOLVE
above it is necessary to acquire the
hed to this Resolution and, by this
nission, or Board)
1. The foregoing statemeniKof au ritT and need are, in fact, the case. The project or
2. The power of eminent domain is hereby exercised with respect to each of the interests in
property described in Exhibit A to this Resolution. Each is acquired subject to payment of
just compensation and subject to procedural requirements of Oregon law;
projects for which the prop is r uired and is being acquired are necessary in the public
interest, and the same have planned, designed, located, and will be constructed in a
manner which will be most compatible with the greatest public good and the least private
injury;
3. ([Insert title of Agency]'s staff and [attorney/counsel] --OR-- (The Oregon Department of
Transportation and the Attorney General) are authorized and requested to attempt to agree
with the owner and other persons in interest as to the compensation to be paid for each
acquisition, and, in the event that no satisfactory agreement can be reached, to commence
and prosecute such condemnation proceedings as may be necessary to finally determine
just compensation or any other issue appropriate to be determined by a court in connection
with the acquisition. This authorization is not intended to expand the jurisdiction of any
73000-00006686
Attachment 1, Page 15 of 50
-15-
court to decide matters determined above or determinable by the (Agency's Council,
Commission, or Board).
4. (insert title of agency) expressly reserves its jurisdiction to determine the necessity or
propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any
acquisition.
DATED this day of , 20
[insert signature blocks here]
Attachments: Exhibit A to Exhibit B to Agency Resolution Exercising the Power of
Eminent Domain — Property Description
73000-00006686
Attachment 1, Page 16 of 50
-16-
Exhibit A to Exhibit B - Agency Resolution Exercising the Power of Eminent
Domain - Property Description
Continued from previous page. This Exhibit is an example only and the completed
resolution will be a separate document from the ROWSA.
[insert property description]
73000-00006686
Attachment 1, Page 17 of 50
17-
Exhibit C - Project Agreement
ELECTRONIC SIGNATURE
Misc. Contracts and Agreements
No. 33959
City Contract # 2559
A156-GO80719
ODOT Delivered Federal Project
On Behalf of City of Springfield
Mill Street: South "A" Street to Centennial Boulevard (Springfield)
Key Number: 21393
THIS AGREEMENT ("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" or "ODOT," and the CITY OF SPRINGFIELD, acting by and through its
elected officials, hereinafter referred to as "Agency," both herein referred to individually as
"Party" or collectively as "Parties."
4
RECITALS _
1. By the authority granted in Oregon ReviW S�Latute TORS) 190.110, 366.572 and
366.576, state agencies may enter i
and units of local governments for the
that a party to the Agreement, its offic
2
Mill Street and Centennial
jurisdiction and control of
system under the jurisdic�Q
3. Agency has agreed
0
,e agreements with counties, cities
of any or all functions and activities
have the authority to perform
of the city street system under the
Street is part of the State highway
iver this project on behalf of the Agency.
The Project was selected part of the Urban Surface Transportation Block Grant
Program and may include a combination of federal and state funds. "Project" is
defined under Terms of Agreement, paragraph 1 of this Agreement.
5. The Stewardship and Oversight Agreement On Project Assumption and Program
Oversight By and Between Federal Highway Administration, Oregon Division and the
State of Oregon Department of Transportation ("Stewardship Agreement") documents
the roles and responsibilities of the State with respect to project approvals and
responsibilities regarding delivery of the Federal Aid Highway Program. This includes
the State's oversight and reporting requirements related to locally administered
projects. The provisions of that agreement are hereby incorporated and included by
reference.
NOW THEREFORE the premises being in general as stated in the foregoing Recitals, it is
agreed by and between the Parties hereto as follows:
Attachment 1, Page 18 of 50
City of Springfield / ODOT
Agreement No. 33959
TERMS OF AGREEMENT
1. Under such authority, Agency and State agree to State delivering the Mill Street: South
"A" Street to Centennial Boulevard (Springfield) project on behalf of Agency, hereinafter
referred to as "Project." Project includes the completion of draft National Environmental
Policy Act (NEPA) documentation, public outreach, and preliminary design for the
reconstruction of Mill Street from South "A" Street to Centennial Boulevard. The location
of the Project is approximately as shown on the map attached hereto, marked "Exhibit
A," and by this reference made a part hereof.
2. The Parties anticipate the right of way and construction phase of the Project to be
added at a later date. Upon full funding and the addition of these phases to the Project
in the Statewide Transportation Improvement Program (STIP), this Agreement will be
amended to include right of way and construction phase work and their associated
funding. If the Parties do not amend this Agreement to add right of way and
construction phase work, the right of way, construc and maintenance provisions in
this Agreement will not apply.
3. Agency agrees that, if State hires a consu t t desi the Project, State will serve
as the lead contracting agency and contr inistrator for the consultant contract
related to the work under this Agreem t.
4. The Total Project Cost is estim ed 380.32, which is subject to change.
Federal funds for this Projec b imited to $1,553,567.56, subject to future
amendment(s) of this Agre e cussed in paragraph 2. Agency shall be
responsible for all rem
ai . c , including any non -participating costs, all costs in
excess of the federal ds, 10.27 percent match for all eligible costs. Any
unused funds obligate o this roject will not be paid out by State, and will not be
available for use by Age f this Agreement or any other projects. "Total Project
Cost" means the estimate cost to complete the entire Project, and includes any
federal funds, state funds, local matching funds, and any other funds.
5. Federal funds under this Agreement are provided under Title 23, United States Code
6. ODOT does not consider Agency to be a subrecipient or vendor under this
Agreement, for purposes of federal funds. The Catalog of Federal Domestic
Assistance (CFDA) number for this Project is 20.205, title Highway Planning and
Construction.
7. With the exception of Americans with Disabilities Act of 1990 (ADA) related design
standards and exceptions, State shall consult with Agency on Project decisions that
impact Total Project Cost involving the application of design standards, design
exceptions, risks, schedule, and preliminary engineering charges, for work performed
on roadways under local jurisdiction. State will allow Agency to participate in regular
meetings and will use all reasonable efforts to obtain Agency's concurrence on plans.
State shall consult with Agency prior to making changes to Project scope, schedule,
Page 2 of 17
Attachment 1, Page 19 of 50
City of Springfield / ODOT
Agreement No. 33959
or budget. However, State may award a construction contract at ten (10) percent (%)
over engineer's estimate without prior approval of Agency.
8. Agency may satisfy the matching funds requirement through a contribution of
materials, services, or real property required for the Project. Credit for this contribution
will only be allowed upon prior approval by State's Active Transportation Section,
Program and Funding Services Manager prior to the start of the Project and after
review for compliance with State's procedures for donations and contributions.
9. State will submit the requests for federal funding to Federal Highway Administration
(FHWA). The federal funding for this Project is contingent upon approval of each
funding request by FHWA. Any work performed outside the period of performance or
scope of work approved by FHWA will be considered nonparticipating and paid for at
Agency expense.
10. Agency guarantees the availability of Agency fu g in an amount required to fully
fund Agency's share of the Project.
11. The term of this Agreement shall begin ond \reiredsignatures are obtained
and shall terminate upon completion oft t6ject and final payment or ten (10)
calendar years following the date all uire gnatures are obtained, whichever is
sooner.
12. This Agreement may be termi%red fy mural written consent of both Parties.
13. State may terminate this 4dOWMt effective upon delivery of written notice to Agency,
or at such later date< ma e stablished by State, under any of the following
conditions:
a. If Agency fails to providWservices 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.
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.
Page 3 of 17
Attachment 1, Page 20 of 50
City of Springfield / ODOT
Agreement No. 33959
14. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
15. Information required by 2 Code of Federal Regulation (CFR) 200.331(a)(1) shall be
contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy
of which shall be provided by ODOT to Agency with the Notice to Proceed.
16.Americans with Disabilities Act Compliance:
a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian -
activated signals or triggers an obligation to address curb ramps or pedestrian
signals, the Parties shall:
Utilize ODOT standards to assess and ensure Project compliance with Section
504 of the Rehabilitation Act of 1973 and the mericans with Disabilities Act of
1990 as amended (together, "ADA"), includ' ensuring that all sidewalks, curb
ramps, and pedestrian -activated signals current ODOT Highway Design
Manual standards;
Follow ODOT's processes for desi
curb ramps, and pedestrian -
Highway Design Manual, OD
Drawings, ODOT Con cti
pedestrian accessible to Ian
form;
Cstruction, or alteration of sidewalks,
ignals, including using the ODOT
exception process, ODOT Standard
ifications, providing a temporary
current ODOT Curb Ramp Inspection
At Project com ion, nd�a completed ODOT Curb Ramp Inspection Form
734-5020 to the dres n the form as well as to State's Project Manager for
each curb ramp c ted or altered as part of the Project. The completed
form is the documen ion required to show that each curb ramp meets ODOT
standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form
and instructions are available at the following address:
https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx.
b. Agency shall ensure that any portions of the Project under Agency's maintenance
jurisdiction are maintained in compliance with the ADA throughout the useful life of
the Project. This includes, but is not limited to, Agency ensuring that:
i. Pedestrian access is maintained as required by the ADA,
ii. Any complaints received by Agency identifying sidewalk, curb ramp, or
pedestrian -activated signal safety or access issues are promptly evaluated and
addressed,
Page 4 of 17
Attachment 1, Page 21 of 50
City of Springfield / ODOT
Agreement No. 33959
iii. Agency, or abutting property owner, pursuant to local code provisions,
performs any repair or removal of obstructions needed to maintain the facility in
compliance with the ADA requirements that were in effect at the time the facility
was constructed or altered,
iv. Any future alteration work on Project or Project features during the useful life of
the Project complies with the ADA requirements in effect at the time the future
alteration work is performed, and
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
c. Maintenance obligations in this section shall survive termination of this Agreement.
17. State shall ensure compliance with the Cargo Preference Act and implementing
regulations (46 CFR Part 381) for use of ed States -flag ocean vessels
transporting materials or equipment acquire cifically for the Project. Strict
compliance is required, including but not Iii d to clauses in 46 CFR 381.7(a)
and (b) which are incorporated by referen St e sha also include this requirement
in all contracts and ensure that contr include the requirement in their
subcontracts.
18.Agency grants State the rightfor o Agency right of way for the performance of
duties as set forth in this Agre en
19. The Special and Standa lkns attached hereto, marked Attachments 1 and 2,
respectively, are by th' efer e ade a part hereof. The Standard Provisions apply
to all federal -aid proje and ay be modified only by the Special Provisions. The
Parties hereto mutually a the terms and conditions set forth in Attachments 1
and 2. In the event of a co lict, this Agreement shall control over the attachments,
and Attachment 1 shall control over Attachment 2.
20.Agency 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
FHWA, 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.
21. State and Agency hereto agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in
conflict with any law, the validity of the remaining terms and provisions shall not be
Page 5 of 17
Attachment 1, Page 22 of 50
City of Springfield / ODOT
Agreement No. 33959
affected, and the rights and obligations of the Parties shall be construed and enforced
as if the Agreement did not contain the particular term or provision held to be invalid.
22.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.
23. This Agreement may be executed in several counterparts 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.
24. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. In the ev t of conflict, the body of this
Agreement and the attached exhibits will co I over Project application and
documents provided by Agency to State. Ther o understandings, agreements,
or representations, oral or written, not specif' herei garding this Agreement. No
waiver, consent, modification or change er of thi Agreement shall bind either
Party unless in writing and signed by both ies and all necessary approvals have
been obtained. Such waiver, cons odi tion or change, if made, shall be
effective only in the specific instance a specific purpose given. The failure of
State to enforce any provision o A ement shall not constitute a waiver by State
of that or any other provisio o thst ding this provision, the Parties may enter
into a Right Of Way Services n furtherance of the Project.
25. State's Contract Ad ' strato or his Agreement is Drake McKee, Transportation
Project Manager, OD egi 2, Area 5, 2080 Laura Street, Springfield, Oregon
97477; phone: (541) 736- email: drake.a.mckee(c_odot.state. or. us, or assigned
designee upon individual's a sence. State shall notify the other Party in writing of any
contact information changes during the term of this Agreement.
26.Agency's Contract Administrator for this Agreement is Kristi Krueger, P.E., Managing
Civil Engineer, City of Springfield Development and Public Works, 225 Fifth Street,
Springfield, Oregon 97477; phone: (541) 726-4584; email: kkrueger springfield-
or.gov, or assigned designee upon individual's absence. Agency shall notify the other
Party in writing of any contact information changes during the term of this Agreement.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP),
(Key Number 21393) that was adopted by the Oregon Transportation Commission on
July 20, 2017 (or subsequently by amendment to the STIP).
Page 6 of 17
Attachment 1, Page 23 of 50
City of Springfield / ODOT
Agreement No. 33959
CITY OF SPRINGFIELD, by and through
its elected officials
By Mary 8ruttets►+uth.
City Manager Pm Tom
Date Aoi a, m2o
LEGAL REVIEW APPROVAL (if required
in Agency's process)
By KrLwww xr"
City Legal Counsel
Date 3/27/2020
Acencv Contact:
Kristi Krueger, P.E., Managing Civil Engineer
City of Springfield Development and
Public Works
225 Fifth Street
Springfield, OR 97477
Phone: (541) 726-4584
Email: kkruegerAsarinafield-or.cov
State Contact:
Drake McKee, Transportatio j.
ODOT Region 2, Area 5
2080 Laura Street
Springfield, OR 97477
Phone: (541) 736-9156
Email: drake.a.mckeeCu)odot.state.or.us
�►y�. Nva ---
o.,. arzarzoso
STATE OF OREGON, by and through
its Department of T ansp rtation
By
Deputy A inls tor, Delivery and
Operations Di sion
Date �// -'112-OZ0
By �__—
ITrafficJPoadvAy gineer
Dat l0 Z� ZU
By 2 F fl
gio nage
eate4-10 es E. West via email
2 Project Delivery Manager
ate 4/13/2020
By Frances Brindle via email
Area 5 Manager
Date 419/20
APPROVED AS TO LEGAL
SUFFICIENCY
By Herbert F. Loveloy via email
Assistant Attorney General
Date 3/13/2020
Page 7 of 17
Attachment 1, Page 24 of 50
MM
Page 8Of17
Attachment 1.Page 25of5O
City of Springfield / ODOT
Agreement No. 33959
ATTACHMENT NO. 1 to AGREEMENT NO. 33959
SPECIAL PROVISIONS
1. State or its consultant shall conduct all work components necessary to complete the
Project, except for those responsibilities specifically assigned to Agency in this
Agreement.
a. State or its consultant shall conduct preliminary engineering and design work
required to produce final plans, specifications, and cost estimates in accordance
with current state and federal laws and regulations; obtain all required permits;
acquire necessary right of way and easements; and arrange for all utility
relocations and adjustments.
b. State will advertise, bid, and award the construction contract. Upon State's award
of the construction contract, a consultant hired god overseen by the State shall be
responsible for contract administration construction engineering and
inspection, including all required materi to and quality documentation.
State shall make all contractor payment
c. State will perform project manag ment d oversight activities throughout the
duration of the Project. The cost oc ies will be billed to the Project.
2. State and Agency agree that tlul Ili of this Project is defined as 20 years.
3. If Agency fails to meet t gents of this Agreement or the underlying federal
regulations, State ma ithAgency's proportional share of Highway Fund
distribution necessary eimb e State for costs incurred by such Agency breach.
Page 9 of 17
Attachment 1, Page 26 of 50
ATTACHMENT NO. 2
FEDERAL STANDARD PROVISIONS
PROJECT ADMINISTRATION
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 act for Agency in other matters pertaining to the Project. Prior to taking such action,
State will confer with Agency concerning actions necessary to meet federal obligations. State and
Agency shall each assign a person in responsible charge "liaison" 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.
3. State will provide or secure services to perform plans Aecifications and estimates (PS&E),
construction contract advertisement, bid, award, contra ayments and contract administration.
A State -approved consultant may be used to perfory pre ary engineering, right of way and
construction engineering services.
4. Agency may perform only those elements of the Praf identified in the special provisions.
PROJECT UEST
5. State shall submit a separate writt ect nding request to FHWA requesting approval of
federal -aid participation for each ect cluding a) Program Development (Planning), b)
Preliminary Engineering (National ronm tal Policy Act - NEPA, Permitting and Project
Design), c) Right of Way A Utilities, and e) Construction (Construction Advertising,
Bid and Award). Any wor erform p or to FHWA's approval of each funding request will be
considered nonparticipating pai or at Agency expense. State, its consultant or Agency shall
not proceed on any activity in ederal-aid participation is desired until such written approval
for each corresponding phase is obtained by State. State shall notify Agency in writing when
authorization to proceed has been received from FHWA. All work and records of such work shall
be in conformance with FHWA rules and regulations.
FINANCE
6. 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 for the federal funds and any portion of the Project, which is not covered by federal
funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project
Agreement). Agency must obtain written approval from State to use in-kind contributions rather
than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State
will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement.
State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or
contractor, using the criteria in 2 CFR 200.330.
7. 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
STDPRO-2019
Rev. 08-02-2019
10
Attachment 1, Page 27 of 50
City of Springfield / ODOT
Agreement No. 33959
Rl
E
federal funds. Agency shall pay one hundred (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 Agency may be withheld to pay the
non -participating costs. If State approves processes, procedures, or contract administration that
result in items being declared non -participating by FHWA, such items deemed non -participating
will be negotiated between Agency and State. Agency agrees that 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 by the Parties.
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.
G7
C.
Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's
share of the engineer's estimate and shall be receive rior to award of the construction
contract. Any additional balance of the deposit, bas the actual bid, must be received
within forty-five (45) days of receipt of writtekno' ion State of the final amount due,
unless the contract is cancelled. Any balacash posit in excess of amount
needed, based on the actual bid, will be refhin forty-five (45) days of receipt by
State of the Project sponsor's written re%Les
Pursuant to Oregon Revised Statutes
form of 1) money depoAna
the Local Government
sent to State's Active T
Irrevocable Letter of C
check submitted to the
D25, the advance deposit may be in the
rIrr
(an option where a deposit is made in
►,
evocable Limited Power of Attorney is
W, Funding and Program Services Unit, or 2) an
a local bank in the name of State, or 3) cash or
ent of Transportation.
If Agency makes a written req t,r the cancellation of a federal -aid project; Agency shall bear
one hundred (100) percent of all Msts incurred as of the date of cancellation. If State was the sole
cause of the cancellation, State shall bear one hundred (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 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.
10. 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.
11. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR
part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal -aid funds distributed to
Agency if any of the following events occur:
a. Right of way acquisition is not undertaken or actual construction is not started by the close
of the twentieth federal fiscal year following the federal fiscal year in which the federal -aid
funds were authorized for right of way acquisition. Agency may submit a written request to
11
STDPRO-2019
Rev. 08-02-2019 Attachment 1, Page 28 of 50
City of Springfield / ODOT
Agreement No. 33959
State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of
federal funds and State will forward the request to FHWA. FHWA may approve this
request if it is considered reasonable.
b. 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 federal fiscal year
following the federal fiscal year in which the federal -aid funds were authorized. Agency
may submit a written request to State's Liaison for a time extension beyond the ten (10)
year limit with no repayment of federal funds and State will forward the request to FHWA.
FHWA may approve this request if it is considered reasonable.
12. State shall, on behalf of Agency, 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 the Project is completed in
conformance with approved plans and specifications.
13
14
State shall submit all claims for federal -aid participation t FHWA in the normal manner and
compile accurate cost accounting records. State shall p all reimbursable costs of the Project.
Agency may request a statement of costs -to -date at 'tate
me by submitting a written request.
When the final total cost of the Project has been c pute shall furnish Agency with an
itemized statement. Agency shall pay an amount ch, when Wed to said advance deposit and
federal reimbursement payment, will equal one h r (100) percent of the final total cost of the
Project. Any portion of deposits made in exc ss of final total cost of the Project, minus federal
reimbursement, shall be released to Agenc ct ost of services provided by State will be
charged to the Project expenditure account . I be included in the final total cost of the
Project.
Agency and State agree tha ni ign standards on all local agency jurisdictional roadway
or street projects on the N nal Hi way System (NHS) and projects on the non -NHS shall be
the American Association of e H' way and Transportation Officials (AASHTO) standards and
be in accordance with State's n Bicycle & Pedestrian Design Guide (current version). State
or its consultant shall use either AASHTO's A Policy on Geometric Design of Highways and
Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design
standards for 3R projects. State or its consultant may use AASHTO for vertical clearance
requirements on Agency's jurisdictional roadways or streets.
15. Agency agrees that if the Project is on the Oregon State Highway System or a State-owned
facility, that design standards shall be in compliance with standards specified in the current ODOT
Highway Design Manual and related references. Construction plans for such projects shall be in
conformance with standard practices of State and all specifications shall be in substantial
compliance with the most current Oregon Standard Specifications for Highway Construction and
current Contract Plans Development Guide.
16. State and Agency agree that for all projects on the Oregon State Highway System or a State-
owned facility, any design element that does not meet ODOT Highway Design Manual design
standards must be justified and documented by means of a design exception. State and Agency
further agree that for all projects on the NHS, regardless of funding source; any design element
that does not meet AASHTO standards must be justified and documented by means of a design
exception. State shall review any design exceptions on the Oregon State Highway System and
12
STDPRO-2019
Rev. 08-02-2019 Attachment 1, Page 29 of 50
City of Springfield / ODOT
Agreement No. 33959
retain authority for said approval. FHWA shall review any design exceptions for projects subject to
Project of Division Interest and retains authority for their approval.
17. ODOT agrees all traffic control devices and traffic management plans shall meet the requirements
of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as
adopted in Oregon Administrative Rule (OAR) 734-020-0005. State or its consultant shall, on
behalf of Agency, obtain the approval of the State Traffic Engineer prior to the design and
construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR
734-020-0430.
PRELIMINARY & CONSTRUCTION ENGINEERING
18. Preliminary engineering and construction engineering may be performed by either a) State, or b) a
State -approved consultant. Engineering work will be monitored by State to ensure conformance
with FHWA rules and regulations. Project plans, specifications and cost estimates shall be
performed by either a) State, or b) a State -approved consultant. State shall review and approve
Project plans, specifications and cost estimates. State shall, at project expense, review, process
and approve, or submit for approval to the federal regulators, all environmental statements. State
shall offer Agency the opportunity to review the documentsApior to advertising for bids.
19. Architectural, engineering, photogrammetry, transpornipo fanning, land surveying and related
services (A&E Services) as needed for federal -aid nsport projects must follow the State's
processes to ensure federal reimbursement. to ill aw d, execute, and administer the
contracts. State's personal services contracting ss and resulting contract document will
follow Title 23 CFR part 172, 2 CFR part 1 OR 79A.055, 279C.110, 279C.125, OAR 731-
148-0130, OAR 731-148-0220(3), OAR 731 nd State Personal Services Contracting
Procedures, as applicable and aR ed he HWA. Such personal services contract(s)
shall contain a description of thebe rformed, a project schedule, and the method of
payment. No reimbursement sha ng federal -aid funds for any costs incurred by
Agency or the state approved c or to receiving authorization from State to proceed.
20. The State or its consultant onperforming preliminary engineering for the Project shall,
as part of its preliminary en eri costs, obtain all Project related permits necessary for the
construction of said Project. ermits 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.
21. State shall prepare construction contract and bidding documents, advertise for bid proposals,
award all construction contracts, and administer the construction contracts.
22. Upon State's award of a construction contract, State shall perform quality assurance and
independent assurance testing in accordance with the FHWA-approved Quality Assurance
Program found in State's Manual of Field Test Procedures, 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.
23. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed
throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and
construction). State's liaison shall process reimbursement for federal participation costs.
13
STDPRO-2019
Rev. 08-02-2019 Attachment 1, Page 30 of 50
City of Springfield / ODOT
Agreement No. 33959
DISADVANTAGED BUSINESS ENTERPRISES (DBE) OBLIGATIONS
24. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and
State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all
contracts entered into under this Project Agreement. The following required DBE assurance shall
be included in all contracts:
"The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of Title 49 CFR part 26 in the award and administration of federal -aid
contracts. Failure by the contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as
Agency deems appropriate. Each subcontract the contractor signs with a subcontractor
must include the assurance in this paragraph (see 49 CFR 26.13(b)). "
25. State and Agency agree 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.
26
WA
The Parties hereto agree and understand that they will ply with all applicable federal, state,
and local laws, regulations, executive orders and ordi c pplicable to the work including, but
not limited to, the provisions of ORS 279C.505, 2 .515, C.520, 279C.530 and 27913.270,
incorporated herein by reference and made a pa ere ; Title CFR parts 1. 11, 140, 635, 710,
and 771; Title 49 CFR parts 24 and 26; , 2 CFR ; Title 23, USC, Federal -Aid Highway Act;
Title 41, Chapter 1, USC 51-58, Anti-Kickb ct; 42 USC; Uniform Relocation Assistance
and Real Property Acquisition Policy Act of a ended, the provisions of the FAPG and
FHWA Contract Administration Core icu a ipants Manual & Reference Guide. State
and Agency agree that FHWA-1273,JW,qJed ntract Provisions shall be included in all contracts
and subcontracts verbatim and no r
Right of Way activities she
and Real Property Acquisi-
and the ODOT Right of We
Uniform Relocation Assistance
ORS Chapter 35, FAPG, CFR,
le 49 CFR part 24.
28. State is responsible for proper acquisition of the necessary right of way and easements for
construction and maintenance of projects. State or its consultant may perform acquisition of the
necessary right of way and easements for construction and maintenance of the Project in
accordance with the ODOT Right of Way Manual, and with the prior approval from State's Region
Right of Way office.
29. If the Project has the potential of needing right of way, to ensure compliance in the event that right
of way is unexpectedly needed, a right of way services agreement will be required. State, at
Project expense, shall be responsible for requesting the obligation of project funding from FHWA.
State, at Project expense, shall be entirely responsible for project acquisition and coordination of
the right of way certification.
30. State or its consultant shall ensure that all project right of way monumentation will be conducted in
conformance with ORS 209.155.
31. State and Agency grant each other authority to enter onto the other's right of way for the
performance of non -construction activities such as surveying and inspection of the Project.
14
STDPRO-2019
Rev. 08-02-2019 Attachment 1, Page 31 of 50
City of Springfield / ODOT
Agreement No. 33959
RAILROADS
32. State shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through the State's Liaison, who will contact
State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part
140 subpart I, and Title 23 part 646 subpart B 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.
33
34
UTILITIES
State or its consultant shall follow State established statutes, policies and procedures when
impacts occur to privately or publicly -owned utilities. Policy, procedures and forms are available
through the State Utility Liaison or State's Liaison. State or its consultant shall provide copies of
all signed utility notifications, agreements and Utility Certification to the State Utility & Railroad
Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title
23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility
relocations shall be at the sole expense of Agency, or others. Agency may send a written request
to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency
jurisdiction. This request must be submitted no later thanwenty-one (21) weeks prior to bid let
date. Agency shall not perform any utility work on e highway right of way without first
receiving written authorization from State.
GRADE CHANG ABILITY
Agency, if a County, acknowledges the effect and e of ORS 105.755 and agrees that all acts
necessary to complete construction of the P ct w may alter or change the grade of existing
county roads are being accomplished at thee t of the County.
35. Agency,
Approval
grade.
36
if a City, her
of plans by
Agency, if a City, by
373.030(2) to any and
by ORS 373.050(1) to
arising out of the Proj(
claims for damages from grade changes.
iability under ORS 105.760 for change of
int, gives its consent as required by ORS
ity limits, and gives its consent as required
�rsecting the highway, in connection with or
lent.
LTA /_110111211Z/_10[a]:1N*y1e1►RI1-.1111111*'
37. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project
completion at a minimum level that is consistent with normal depreciation and/or service demand
and throughout the useful life of the Project. The useful life of the Project is defined in the Special
Provisions. State may conduct periodic inspections during the life of the Project to verify that the
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 the Project
Agreement. In the event the Project will include or affect a state highway, this provision does not
address maintenance of that state highway.
CONTRIBUTION
38. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or
hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to
which the other Party may have liability, the notified Party must promptly notify the other Party in
writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all
STDPRO-2019
Rev. 08-02-2019
15
Attachment 1, Page 32 of 50
City of Springfield / ODOT
Agreement No. 33959
legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the
defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own
choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful
opportunity for the Party to participate in the investigation, defense and settlement of the Third
Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with
respect to the Third Party Claim.
39. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if
joined in the Third Party Claim), State shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of
State on the one hand and of Agency on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency on the other
hand shall be determined by reference to, among other things, the Parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances
resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in
any instance is capped to the same extent it would ha a been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 00, if State had sole liability in the
proceeding.
40. With respect to a Third Party Claim for which A cy 's join liable with State (or would be if
joined in the Third Party Claim), Agency shall tr' a to the amount of expenses (including
attorneys' fees), judgments, fines and amous pai ettlement actually and reasonably incurred
and paid or payable by State in such prop s i ppropriate to reflect the relative fault of
Agency on the one hand and of State on t and in connection with the events which
resulted in such expenses, judgmen so ettlement amounts, as well as any other relevant
equitable considerations. The rela fa of A ncy on the one hand and of State on the other
hand shall be determined by re , mong other things, the Parties' relative intent,
knowledge, access to in -for a opportunity to correct or prevent the circumstances
resulting in such expenses dgme fi s or settlement amounts. Agency's contribution amount
in any instance is capped he s e extent it would have been capped under Oregon law,
including the Oregon Tort C ct, ORS 30.260 to 30.300, if it had sole liability in the
proceeding.
ALTERNATIVE DISPUTE RESOLUTION
41. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement.
In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding
arbitration) to resolve the dispute short of litigation.
WORKERS' COMPENSATION COVERAGE
42. All employers, including Agency, that employ subject workers who work under this Project
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.
Employers Liability Insurance with coverage limits of not less than five hundred thousand
($500,000) must be included. State and Agency shall ensure that each of its contractors complies
with these requirements.
STDPRO-2019
Rev. 08-02-2019
16
Attachment 1, Page 33 of 50
City of Springfield / ODOT
Agreement No. 33959
LOBBYING RESTRICTIONS
43. Agency certifies by signing the Agreement that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
c. The undersigned shall require that the language o is certification be included in the
award documents for all subawards at all tiers i u subgrants, and contracts and
subcontracts under grants, subgrants, loans, a cooper e agreements) which exceed
one hundred thousand dollars ($100,000), a at I such ubrecipients shall certify and
disclose accordingly.
d. This certification is a material representsupon which reliance was placed when
this transaction was made or enter nt%iosed
mi ion of this certification is a prerequisite
for making or entering into this tr a oby Title 31, USC Section 1352.
e. Any person who fails to file e14 fired 7Zrtification shall be subject to a civil penalty of
not less than ten thous s 10,000) and not more than one hundred thousand
dollars ($100,000) for such ilur .
CERTIFICATION REGARDIN ARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSIO — LOWER TIER COVERED TRANSACTIONS
By signing this Agreement, Agency agrees to fulfill the responsibility imposed by 49 CFR 29.510
regarding debarment, suspension, and other responsibility matters. For the purpose of this provision
only, Agency is considered a participant in a covered transaction. Furthermore, by signing this
Agreement, Agency is providing the certification for its principals required in appendix A to 49 CFR
part 29.
17
STDPRO-2019
Rev. 08-02-2019 Attachment 1, Page 34 of 50
Misc. Contracts and Agreements
No. 33959
1. A136-GO092418
AMENDMENT NUMBER 01
ODOT DELIVERED FEDERAL PROJECT AGREEMENT
ON BEHALF OF CITY OF SPRINGFIELD
Mill Street: South "A" Street to Centennial Boulevard (Springfield)
Key No. 21393
This is Amendment No. 01 to the Agreement between the STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as "State" or
"ODOT," and the CITY OF SPRINGFIELD, acting by and through its elected officials,
hereinafter referred to as "Agency," entered into on April 14, 2020.
It has now been determined by State and Agency that the Agreement referenced above
shall be amended to add right of way and construction phases to the project, increase in
costs, and update language. 10
1. Effective Date, This Amendment shall b
executed and approved as required by applic
2. Amendment to Agreement.
a. Attachment 2 shall be deleted in
Revised Attachment 2. All re
referred to as "Revised Attafhnl
ctive on the date it is fully
law.
replaced with the attached
ment 2" shall hereinafter be
b. TERMS OF AGREEM agraph 2, Page 2 is revised as follows:
(additions are sho in i 's underlined, deletions are shown as
): 41L 11
2. RESERVED.
NM
■eM
■ • w
R w 1. .........
w • R
Rl . R
R • w w
c. TERMS OF AGREEMENT, Paragraph 4, Page 2 is revised as follows:
(additions are shown in italics and underlined, deletions are shown as
4. The total Project cost is estimated at $9,909,000.00 $1,731,380.32, which is
subject to change. Federal funds for this Project shall be limited to
$3,594,945,56$1,553,567.56 subjec;t to future amendment(s) te thiS
AgFee erit as dicn-usse l in paragraph 2. Agency shall be responsible for all
Key No. 21393
Attachment 1, Page 35 of 50
City of SpringfieldlODOT
Agreement No. 33959, Amendment No. 01
remaining costs, including any non -participating costs, all costs in excess of
the federal funds, and the 10.27 percent match for all eligible costs. Any
unused funds obligated to this Project will not be paid out by State, and will
not be available for use by Agency for this Agreement or any other projects.
"Total Project Cost" means the nafi�r rpated cost to complete the entire Project,
and includes any federal funds, state funds, local matching funds, and any
other funds.
d. TERMS OF AGREEMENT, Paragraph 15, Page 4 is revised as follows:
(additions are shown in italics and underlined, deletions are shown as
strikethm i.vh)
RESERVED.15. information
i•••• r11r• A
y-2-Gode of Federal Regulation
rr_v�l
200,331(a)(1) shall be rVeRfaiped ip the USDOT j Federal
Agreement
11111r• • this Pro' t, a Gepy of whiGh shall be pFevided by QDO
e. TERMS OF AGREEMENT, Paragraph 20, P is revised as follows:
(additions are shown in italics and underli , de ' ns are shown as
ofrikethrou h):
20. Agency shall assume sole liabili or Agency's breach of any federal
statutes, rules, program re n nd grant provisions applicable to
the federal funds, and shall, ncy's breach of any such conditions
that requires the urn funds to FHWA, hold harmless and
indemnify the Sta for nt equal to the funds received under this
Agreement. tify--e#
f. Insert new TERMS OF AGREEMENT, Paragraphs 27 through 29 to read as
follows:
27.The Parties acknowledge and agree that State, the Oregon Secretary of State's
Office, the federal government, and their duly authorized representatives shall
have access to the books, documents, papers, and records of the Parties which
are directly pertinent to the specific Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period of six (6) years after
completion of the Project and final payment. Copies of applicable records shall
be made available upon request. Payment for costs of copies is reimbursable
by the requesting party.
28.Agency and State are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide any benefit or right,
2
Attachment 1, Page 36 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
whether directly, indirectly or otherwise, to third persons unless such third
persons are individually identified by name herein and expressly described as
intended beneficiaries of the terms of this Agreement.
29.Notwithstanding anything in this Agreement or implied to the contrary, the rights
and obligations set out in the following paragraphs of this Agreement shall
survive Agreement expiration or termination, as well as any provisions of this
Agreement that by their context are intended to survive: Terms of Agreement
Paragraphs 9 (Funding), 14 (Termination), 16.c (ADA maintenance), 19, 28-29,
(Integration, Merger; Waiver); and Revised Attachment 2, paragraphs 1 (Project
Administration), 7, 9, 11, 13 (Finance), and 37-41 (Maintenance and
Contribution).
3. Counterparts. This Amendment may be executed in two or more counterparts (by
facsimile or otherwise) each of which is an original and all of which when taken together
are deemed one agreement binding on all Parties, notw'thstanding that all Parties are
not signatories to the same counterpart.
4, Original Agreement. Except as expressly
conditions of the original Agreement are still i
that the representations, warranties and certifiA
and correct as of the effective date of this Ar
though made at the time of this Amendme"
3
ndeove, all other terms and
�rce aJV effect. Agency certifies
in the original Agreement are true
nent and with the same effect as
e to Follow
Attachment 1, Page 37 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2021-2024 Statewide Transportation Improvement Program
(STIP), (Key #21393) that was adopted by the Oregon Transportation Commission on
July 15, 2020 (or subsequently by amendment to the STIP).
CITY OF SPRINGFIELD, by and
through its elected officials
�c�R o�-[.vq aui tl y+qm axvmy ti,.b,
«a"titY�.Ct� i6
Nancy Newtons» mhry tlF
By r,9�a c
o--- r
City Manager, Pre Tern
Date
STATE OF OREGON, by and through
its Department of Transportation
Mc;LffarLynee
By P4cGregorLynde (Jul 20, 292210;07 PDT)
Delivery and Operations Division
Administrator
Date 07/20/2022
Reviewed by City CoptracthQffi_cer
Res ra�ea ascrnvsexre,r
Neil Obringer"
APP
o= 2-01.11 m31+nIIrw
y r-1vr �v� ,zuo
Date 7112122
LEGAL REVIEW APPROVAL (If
required in Agency's process)
By KrLWv► t1Kr"
Agen y ounce
Date 7/8/2022
Agency Contact:
Kristi Krueger, P.E.Managing Civil Engineer
City of Springfield Development
and Public Works
225 Fifth Street
Springfield, Oregon 97477
(541) 726-4584
kkrueger(@springfield-or.gov
State Contact:
Drake McKee, Transportation Project
Manager
ODOT Region 2
2080 Laura Street
Springfield, Oregon 97477
(541) 736-9156
Drake. a.mckee(a-)-odot.oregon.gov
0
COMMENDED
B �i1ael K IMGER (Jul , 261209:24 PDT)
St affic Roadway Engineer
18/2022
Sonny P.R. C - . tering (Ju[ 15, 2022 12;28 PDT)
egion WYManager
Date 07/15/2022
APPROVED AS TO LEGAL
SUFFICIENCY
By Herb Lovejoy, via email
Assistant Attorney General
Date: April 20, 2022, email retained in file
Attachment 1, Page 38 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
Attachment 1, Page 39 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
REVISED ATTACHMENT NO. 2
FEDERAL STANDARD PROVISIONS
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 act
for Agency in other matters pertaining to the Project. Prior to taking such action,
State will confer with Agency concerning actions necessary to meet federal
obligations. State and Agency shall each assign a person in responsible charge
"liaison" 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 proje \Pelopment is subject to plans,
specifications and estimates (PS&E) review d apl by FHWA 'or State acting
on behalf of FHWA prior to advertisement bi rIs, regardless of the source
of funding for construction.
3. State will provide or secure servicesrplans, specifications and estimates
(P5&E), construction contract erf\pred
n , id, award, contractor payments and
contract administration. A e- consultant may be used to perform
preliminary engineering, rig f onstruction engineering services.
4. Agency may perform y s lements of the Project identified in the special
provisions.
PROJECT FUNDING REQ
5. State shall submit a separate written Project funding request to FHWA requesting
approval of federal -aid participation for each project phase including a) Program
Development (Planning), b) Preliminary Engineering (National Environmental Policy
Act - NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities,
and e) Construction (Construction Advertising, Bid and Award). Any work performed
prior to FHWA's approval of each funding request will be considered nonparticipating
and paid for at Agency expense. State, its consultant or Agency shall not proceed on
any activity in which federal -aid participation is desired until such written approval for
each corresponding phase is obtained by State. State shall notify Agency in writing
when authorization to proceed has been received from FHWA. All work and records
of such work shall be in conformance with FHWA rules and regulations.
No
Attachment 1, Page 40 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
FINANCE
6. 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 for the federal funds and any portion of the
Project, which is not covered by federal funding, unless otherwise agreed to and
specified in the intergovernmental Agreement (Project Agreement). Agency must
obtain written approval from State to use in-kind contributions rather than cash to
satisfy all or part of the matching funds requirement. if federal funds are used, State
will specify the Catalog of Federal Domestic Assistance (CFDA) number in the
Project Agreement. State will also determine and clearly state in the Project
Agreement if recipient is a subrecipient or contractor, using the criteria in 2 CFR
200.331.
7. If the estimated cost exceeds the total matched federal funds available, Agency shall
deposit its share of the required matching funds, PIQS 100 percent of all costs in
excess of the total matched federal funds. Agen shall pay one hundred (100)
percent of the cost of any item in which FHWA ' participate. If Agency has not
repaid any non -participating cost, future al&bHWA,
o era/ funds or allocations of
State Highway Trust Funds to Agency maheld pay the non -participating
costs. If State approves processes, procedcontract administration that result
in items being declared non -partici such items deemed non-
participating will be negotiated betweand State. Agency agrees that
costs incurred by State and Age fo is s performed in connection with any
phase of the Project shall b a ed the Project, unless otherwise mutually
agreed upon by the Parties.
8. Agency's estimated shwa ftdftce deposit.
a) Agency shall, prior f%omIFencement of the preliminary engineering
and/or right of way acq on 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 one hundred ten (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 forty-five (45) days of receipt of written notification by State of
the final amount due, unless the contract is cancelled. Any balance of
a cash deposit in excess of amount needed, based on the actual bid,
will be refunded within forty-five (45) days of receipt by State of the
Project sponsor's written request.
7'
Attachment 1, Page 41 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
10
c) Pursuant to Oregon Revised Statutes (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 State's Active Transportation Section, Funding and Program
Services Unit, or 2) an Irrevocable Letter of Credit issued by a local
bank in the name of State, or 3) cash or check submitted to the Oregon
Department of Transportation.
If Agency makes a written request for the cancellation of a federal -aid project;
Agency shall bear one hundred (100) percent of all costs incurred as of the date of
cancellation. If State was the sole cause of the cancellation, State shall bear one
hundred (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 costs, whether incurred by State or Agency, either directly or
through contract services, and State shall bearny State administrative costs
incurred. After settlement of payments, State shat liver surveys, maps, field notes,
and all other data to Agency.
Agency shall make additio
Requests for additional dept
expenditures and an estimat+
11. Agency shall, upon State's
Title 23, CFR part 630.112(
federal -aid funds distributed)
a)
Right of way acqu
started by the cls
federal fiscal year
aaea,'vupon
3nied by an
e Project.
request from State.
itemized statement of
;imbursement in accordance
�d by FHWA, reimburse State
following events occur:
idertaken or actual construction is not
rtieth federal fiscal year following the
federal -aid funds were authorized for
right of way acquisiflWAgency may submit a written request to
State's Liaison for a time extension beyond the twenty (20) year limit
with no repayment of federal funds and State will forward the request
to FHWA. FHWA may approve this request if it is considered
reasonable.
b) 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 federal fiscal year following the federal fiscal year in which the
federal -aid funds were authorized. Agency may submit a written
request to State's Liaison for a time extension beyond the ten (10)
year limit with no repayment of federal funds and State will forward the
request to FHWA. FHWA may approve this request if it is considered
reasonable.
with
for
12. State shall, on behalf of Agency, maintain all Project documentation in keeping with
State and FHWA standards and specifications. This shall include, but is not limited
.11
Attachment 1, Page 42 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No, 01
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 the Project is completed in conformance with
approved plans and specifications.
13. State shall submit. all claims for federal -aid participation to FHWA in the normal
manner and compile accurate cost accounting records. State shall pay all
reimbursable costs of the Project. Agency may request a statement of costs -to -date
at any time by submitting a written request. When the final total cost of the Project
has been computed, State shall furnish Agency with an itemized statement. Agency
shall pay an amount which, when added to said advance deposit and federal
reimbursement payment, will equal one hundred (100) percent of the final total cost
of the Project. Any portion of deposits made in excess of the final total cost of the
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 final total cost of the Proje
DESIGN STANDARDS
14.Agency and State agree that minimum sig stan rds on all local agency
jurisdictional roadway or street projects on tional Highway System (NHS) and
projects on the non -NHS shall be the eri Association of State Highway and
Transportation Officials (AASHTO) st be in accordance with State's
Oregon Bicycle & Pedestrian De ' G (c ent version). State or its consultant
shall use either AASHTO's A is n ometric Design of Highways and Streets
(current version) or State's ur storation and Rehabilitation (3R) design
standards for 3R proj2MA*:c
or its consultant may use AASHTO for vertical
clearance requirement jurisdictional roadways or streets.
15.Agency agrees that if thdVoi0is on the Oregon State Highway System or a State-
owned facility, that design Wdards shall be in compliance with standards specified
in the current ODOT Highway Design Manual and related references. Construction
plans for such projects shall be in conformance with standard practices of State and
all specifications shall be in substantial compliance with the most current Oregon
Standard Specifications for Highway Construction and current Contract Plans
Development Guide.
16. State and Agency agree that for all projects on the Oregon State Highway System or
a State-owned facility, any design element that does not meet ODOT Highway
Design Manual design standards must be justified and documented by means of a
design exception. State and Agency further agree that for all projects on the NNS,
regardless of funding source; any design element that does not meet AASHTO
standards must be justified and documented by means of a design exception. State
shall review any design exceptions on the Oregon State Highway System and retain
authority for said approval. FHWA shall review any design exceptions for projects
subject to Project of Division Interest and retains authority for their approval.
IJ
Attachment 1, Page 43 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
17.ODOT agrees all traffic control devices and traffic management plans shall meet the
requirements of the current edition of the Manual on Uniform Traffic Control Devices
and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-
0005. State or its consultant shall, on behalf of Agency, obtain the approval of the
State Traffic Engineer prior to the design and construction of any traffic signal, or
illumination to be installed on a state highway pursuant to OAR 734-020-0430.
PRELIMINARY & CONSTRUCTION ENGINEERING
18. Preliminary engineering and construction engineering may be performed by either a)
State, or b) a State -approved consultant. Engineering work will be monitored by
State to ensure conformance with FHWA rules and regulations. Project plans,
specifications and cost estimates shall be performed by either a) State, or b) a State -
approved consultant. State shall review and approve Project plans, specifications
and cost estimates. State shall, at project expense, review, process and approve, or
submit for approval to the federal regulators, all a ironmental statements. State
shall offer Agency the opportunity to review the uments prior to advertising for
bids.
19. Architectural, engineering, photogrammet tra porta n planning, land surveying
and related services (A&E Services) a ded for federal -aid transportation
projects must follow the State's pros es nsure federal reimbursement. State
will award, execute, and administ c racts. State's personal services
contracting process and resulti con ument will follow Title 23 CFR pari
172, 2 CFR part 1201, OR 9 05 79C.110, 279C.125, OAR 731-148-0130,
OAR 731-148-0220(3), 0260 and State Personal Services
Contracting Procedures licable and as approved by the FHWA. Such
personal services co ct(>uthorization
ontain a description of the work to be performed,
a project schedule, ththod of payment. No reimbursement shall be made
using federal -aid funds costs incurred by Agency or the state approved
consultant prior to receivin from State to proceed.
20.The State or its consultant 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.
21. State shall prepare construction contract and bidding documents, advertise for bid
proposals, award all construction contracts, and administer the construction
contracts.
22. Upon State's award of a construction contract, State shall perform quality assurance
and independent assurance testing in accordance with the FHWA-approved Quality
Assurance Program found in State's Manual of Field Test Procedures, process and
pay all contractor progress estimates, check final quantities and costs, and oversee
10
Attachment 1, Page 44 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
and provide intermittent inspection services during the construction phase of the
Project.
23. State shall, as a Project expense, assign a liaison to provide Project monitoring as
needed throughout all phases of Project activities (preliminary engineering, right-of-
way acquisition, and construction). State's liaison shall process reimbursement for
federal participation costs.
Disadvantaged Business Enterprises (DBE) Obligations
24.State and Agency agree to incorporate by reference the requirements of 49 CFR
part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as
approved by USDOT, into all contracts entered into under this Project Agreement.
The following required DBE assurance shall be included in all contracts:
"The contractor or subcontractor shall not
color, national origin, or sex in the perform
shall carry out applicable requirements of Ti
administration of federal -aid contracts. Fd
these requirements is a material breac of t
termination of this contract or su
appropriate. Each subcontract the con
include the assurance in this oaAA%ph E
25. State and Agency agree to
regulations, including<ies
Americans with Disa
Rights Act of 1964.
^CFR
n the basis of race,
tract. The contractor
26 in the award and
K
the contractor to carry out
ract, which may result in the
medy as Agency deems
gns with a subcontractor must
49 CFR 26.13(b))."
Ball applicable civil rights
ion 504 of the Rehabilitation
a0 (ADA), and Titles VI an
dlaws, rules and
Act of 1973, the
VII of the Civil
26.The Parties hereto agree aTd 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, 635, 710, and 771; Title 49
CFR parts 24 and 26; , 2 CFR 1201; 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, the
provisions of the FAPG and FHWA Contract Administration Core Curriculum
Participants Manual & Reference Guide. State and Agency agree that FHWA-1273
Required Contract Provisions shall be included in all contracts and subcontracts
verbatim and not by reference.
11
Attachment 1, Page 45 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
RIGHT OF WAY
27. Right of Way activities shall be conducted in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS
Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part
710 and Title 49 CFR part 24.
28.State is responsible for proper acquisition of the necessary right of way and
easements for construction and maintenance of projects. State or its consultant may
perform acquisition of the necessary right of way and easements for construction
and maintenance of the Project in accordance with the ODOT Right of Way Manual,
and with the prior approval from State's Region Right of Way office.
29. If the Project has the potential of needing right of way, to ensure compliance in the
event that right of way is unexpectedly needed, a right of way services agreement
will be required. State, at Project expense, shall be responsible for requesting the
obligation of project funding from FHWA. State, a oject expense, shall be entirely
responsible for project acquisition and coordinat' the right of way certification.
30. State or its consultant shall ensure that all lec right ay monumentation will be
conducted in conformance with ORS 209.
31. State and Agency grant each other a to ter onto the other's right of way for
the performance of non -construction f uch as surveying and inspection of
the Project. ^
Z011118-1167-11
32. State shall follow St esta hilt policy and procedures when impacts occur on
railroad property. T olic and procedures are available through the State's
Liaison, who will contac s Railroad Liaison on behalf of Agency. Only those
costs allowable under Title 3 CFR part 140 subpart 1, and Title 23 part 646 subpart
B 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.
UTILITIES
33. State or its consultant shall follow State established statutes, policies and
procedures when impacts occur to privately or publicly -owned utilities. Policy,
procedures and forms are available through the State Utility Liaison or State's
Liaison. State or its consultant shall provide copies of all signed utility notifications,
agreements and Utility Certification to the State Utility & Railroad Liaison. Only those
utility relocations, which are eligible for reimbursement under the FAPG, Title 23
CFR part 645 subparts A and B, shall be included in the total Project costs; all other
utility relocations shall be at the sole expense of Agency, or others. Agency may
send a written request to State, at Project expense, to arrange for utility
relocations/adjustments lying within Agency jurisdiction. This request must be
12
Attachment 1, Page 46 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
submitted no later than twenty-one (21) weeks prior to bid let date. Agency shall
not perform any utility work on state highway right of way without first receiving
written authorization from State.
GRADE CHANGE LIABILITY
34.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.
35. 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.
36.Agency, if a City, by execution of
required by ORS 373.030(2) to any
and gives its consent as required
streets intersecting the highway, it
covered by the Project Agreement.
MAINTENANCE RESPONSIBILITIES
the Project Agreement, gives its consent as
and all change f grade within the City limits,
by ORS 37 (1) to any and all closure of
connectig& with arising out of the Project
Lzq
37.Agency shall, at its own expen ainlr operate, and provide power as needed
upon Project completion a imu level that is consistent with normal
depreciation and/or service throughout the useful life of the Project.
The useful life of the Pro' d ed in the Special Provisions. State may conduct
periodic inspections d g the e the Project to verify that the Project is properly
maintained and Contin to erve the purpose for which federal funds were
provided. Maintenance a wer responsibilities shall survive any termination of
the Project Agreement. In th event the Project will include or affect a state highway,
this provision does not address maintenance of that state highway.
CONTRIBUTION
38. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
13
Attachment 1, Page 47 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
39.With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
40. With respect to a Third Party Claim for which Age is jointly liable with State (or
would be if joined in the Third Party Claim), Agen all contribute to the amount of
expenses (including attorneys' fees), judg fines and amounts paid in
settlement actually and reasonably incurre d pal r payable by State in such
proportion as is appropriate to reflect the ati fault Agency on the one hand
and of State on the other hand in connects h the events which resulted in such
expenses, judgments, fines or settl t a nts, as well as any other relevant
equitable considerations. The relative ncy on the one hand and of State
on the other hand shall be d in y r Terence to, among other things, the
Parties' relative intent, knowlee, cc to information and opportunity to correct
or prevent the circumstan in such expenses, judgments, fines or
settlement amountsA 's tribution amount in any instance is capped to the
same extent it woui ave n pped under Oregon law, including the Oregon
Tort Claims Act, OR .260 t 30.300, if it had sole liability in the proceeding.
ALTERNATIVE DISPUTE
41. The Parties shall attempt in good faith to resolve any dispute arising out of this
Project Agreement. In addition, the Parties may agree to utilize a jointly selected
mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of
litigation.
WORKERS' COMPENSATION COVERAGE
42.All employers, including Agency, that employ subject workers who work under this
Project 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. Employers Liability Insurance with coverage limits of
not less than five hundred thousand ($500,000) must be included. State and
Agency shall ensure that each of its contractors complies with these requirements.
14
Attachment 1, Page 48 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
LOBBYING RESTRICTIONS
43.Agency certifies by signing the Agreement that:
a) No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or
will be paid to any person for influencing or attem ting to influence an
officer or employee of any federal agency, a M er of Congress, an
officer or employee of Congress, or an e e of a Member of
Congress in connection with this feder contr grant, loan, or
cooperative agreement, the undersign sh I co m to and submit
Standard Form -LLL, "Disclosure Fo . Report Lobbying," in
accordance with its instructions.
c) The undersigned shall require at t ge of this certification be
included in the award d nts or all subawards at all tiers
(including subgrants, an on d subcontracts under grants,
subgrants, loans, and o ative greements) which exceed one
hundred thousand ar 000), and that all such subrecipients
shall certify and di se ac rdingly.
d) This certification is alterial 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 ten thousand dollars ($10,000) and not
more than one hundred thousand dollars ($100,000) for each such
failure.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION -- LOWER TIER
COVERED TRANSACTIONS
By signing this Agreement, Agency agrees to fulfill the responsibility
imposed by 2 CFR Subpart C, including 2 CFR 180.300, 180.355,
180.360, and 180.365, regarding debarment, suspension, and other
15
Attachment 1, Page 49 of 50
City of Springfield/ODOT
Agreement No. 33959, Amendment No. 01
responsibility matters. For the purpose of this provision only, Agency is
considered a participant in a covered transaction. Furthermore, by signing
this Agreement, Agency is providing the certification for its principals
required in Appendix to 2 CFR part 180 -- Covered Transactions.
16
Attachment 1, Page 50 of 50