HomeMy WebLinkAboutItem 03- IGA OR 126B at 54th Street ODOTAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
6/26/2023
Regular Meeting
Amanda Clinton/DPW
541-726-3628
Consent Calendar
SPRINGFIELD Council Goals: Maintain and Improve
CITY COUNCIL Infrastructure and
Facilities
ITEM TITLE: INTERGOVERNMENTAL AGREEMENT OR126B AT 54TH STREET
(SPRINGFIELD)
ACTION
Authorize the City Manager to execute the Intergovernmental Agreement (IGA) for
REQUESTED:
Oregon 126B at 54th Street (Springfield) with the Oregon Department of
Transportation (ODOT).
ISSUE
Main Street is part of the state highway systems under the jurisdiction and control
STATEMENT:
of the Oregon Transportation Commission (OTC). 54th Street and South 54th Street
is part of the City of Springfield street system under the jurisdiction and control of
the City. ODOT wishes to improve the intersection and the execution of the IGA is
necessary to initiate the construction the process.
ATTACHMENTS:
1: IGA with ODOT
DISCUSSION/
This project was initiated by ODOT, and this IGA is needed to allow ODOT to use
FINANCIAL
portions of City right of way to construct left turn lanes on 54th Street and South
IMPACT:
54th Street as part of their lane addition, traffic signal rebuild, upgrade of sidewalks
and ramps to ADA standards, and illumination enhancement project. They will
deliver the project and upon completion, the State shall transfer ownership interests
of all 54th Street and South 54th Street rights of way back to the City of Springfield.
Project costs are financed through federal and state dollars. The City of Springfield
has no obligation to provide funds for this project.
Staff recommends Council approve giving the City Manager authority to sign the
agreement.
Misc. Contracts and Agreements
No. 73000-00005553
INTERGOVERNMENTAL AGREEMENT
OR -1268 at 54th Street (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 the CITY OF SPRINGFIELD, an Oregon municipal corporation, acting by and
through its elected officials, hereinafter referred to as "Agency," both herein referred to
individually or collectively as "Party" or "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies
may enter into agreements with units of local government for the performance of any
or all functions and activities that a party to the agreement, its officers, or agents have
the authority to perform.
2. McKenzie Highway, OR -126B (OR -126B), is a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission (OTC). 54th
Street is a part of the City of Springfield's street system under the jurisdiction and
control of Agency.
3. The intersection of OR -126B and 54th Street in the City of Springfield has been shown
to have a higher than normal severity of crashes. The Parties wish to improve the
safety of the intersection of OR -126B and 54th Street by constructing
permissive/protected left turn lanes to provide an exclusive phase for left turns,
separating the pedestrian walk phase from the flashing yellow arrow (permissive) left
turn phase, and installing lighting for greater visibility. The project will also include the
construction of Americans with Disabilities Act (ADA) ramp improvements.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, the Parties agree to State performing the improvements at the
intersection of OR -126B and 54' Street as described in Recital 3, hereinafter referred
to as "Project." The location of the Project is approximately as shown on the sketch
map attached hereto, marked EXHIBIT A, and by this reference made a part hereof.
2. The Project will be financed at an estimated cost of $2,140,000 in federal and state
funds. The estimate for the total Project cost is subject to change. State shall be
responsible for any nonparticipating costs, and Project costs beyond the estimate.
3. State shall conduct all right of way activities in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, ORS Chapter 35, Federal -Aid Policy Guide, Code of Federal Regulations
STIP Key No. 20209
City of Springfield/ODOT
Agreement No. 73000-00005553
(CFR) and the ODOT Right of Way Manual, and Title 23 CFR Part 710 and Title 49
CFR Part 24.
4. Upon Project completion, State shall transfer to Agency any ownership interests State
may have obtained along Agency's facilities. Method of conveyance will be
determined by the Parties at the time of transfer and will be coordinated by the State's
Region 2 Right of Way Manager.
5. This Agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance (and
power if applicable) responsibilities for the useful life of the facilities constructed as
part of the Project. The useful life is defined as twenty (20) calendar years. The
Project shall be completed within two (2) calendar years following the date of final
execution of this Agreement by both Parties.
AGENCY OBLIGATIONS
1. Agency agrees to allow State the use of Agency streets for traffic detouring for Project
purposes.
2. Agency grants State the right to enter on Agency right of way for the performance of
the Project.
3. Upon Project completion, Agency shall accept any ownership interests State may
have obtained along Agency's facilities. Method of conveyance will be determined by
the Parties at the time of transfer and will be coordinated by the State's Region 2
Right of Way Manager.
4. Upon Project completion, Agency shall maintain all improvements to 54th Street
associated with the Project including, but not limited to, landscaping.
5. Agency shall not enter into any subcontracts for any of the work scheduled under this
Agreement without obtaining prior written approval from State.
6. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including, without
limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and
2796.270 incorporated herein by reference and made a part hereof. Without limiting
the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of
Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973;
(iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations
and administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
7. Agency shall perform the service 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 work under this Agreement including, but not
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City of Springfield/ODOT
Agreement No. 73000-00005553
limited to, retirement contributions, workers compensation, unemployment taxes, and
state and federal income tax withholdings.
8. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt under
ORS 656.126. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. Agency shall ensure that each of its contractors complies
with these requirements.
9. 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 Transportation Commission and its members,
Department of Transportation and its officers, employees and agents from and
against any and all claims, actions, liabilities, damages, losses, or expenses, including
attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260,
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of Agency's contractor or any of the officers, agents, employees or
subcontractors of the contractor ("Claims"). It is the specific intention of the Parties
that State shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the State, be indemnified by the contractor and
subcontractor from and against any and all Claims.
10.Any such indemnification shall also provide that neither Agency's contractor and
subcontractor nor any attorney engaged by Agency's contractor and subcontractor
shall defend any claim in the name of the State of Oregon or any agency of the State
of Oregon, nor purport to act as legal representative of the State of Oregon or any of
its agencies, without the prior written consent of the Oregon Attorney General. The
State of Oregon may, at anytime at its election assume its own defense and
settlement in the event that it determines that Agency'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.
11. 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 the specific Agreement for the purpose of making audit, examination, excerpts, and
transcripts for a period of six (6) years after final payment (or completion of Project --
if applicable.) Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by State.
12. 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
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City of Springfield/ODOT
Agreement No. 73000-00005553
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind Agency.
13.Agency's Project Manager for this Project is Brian Barnett, City Traffic Engineer; 201
South 18th Street, Springfield, Oregon 97477, bbarnett@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.
STATE OBLIGATIONS
1. State shall work cooperatively with Agency in the planning and design of landscaping
improvements to Agency's street system in association with the Project.
2. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
3. State's Project Manager for this Project is Jennifer Hedlind, Project Leader, 2080
Laura Street, Springfield, Oregon 97477, Jennifer. L. Hedlind(a--)odot.oregon.gov, or
assigned designee upon individual's absence. State shall notify the other Party in
writing of any contact information changes during the term of this Agreement.
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City of Springfield/ODOT
Agreement No. 73000-00005553
AMERICANS WITH DISABILITIES ACT COMPLIANCE:
1. 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:
i. Utilize ODOT standards to assess and ensure Project compliance with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
as amended (together, "ADA"), including ensuring that all sidewalks, curb ramps,
and pedestrian -activated signals meet current ODOT Highway Design Manual
standards;
ii. Follow ODOT's processes for design, construction, or alteration of sidewalks, curb
ramps, and pedestrian -activated signals, including using the ODOT Highway Design
Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT
Construction Specifications, providing a temporary pedestrian accessible route plan
and current ODOT Curb Ramp Inspection form;
iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form
734-5020 to the address on the form as well as to State's Project Manager for each
curb ramp constructed or altered as part of the Project. The completed form is the
documentation 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; and
2. 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:
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,
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
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City of Springfield/ODOT
Agreement No. 73000-00005553
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
3. Maintenance obligations in this section shall survive termination of this Agreement.
GENERAL PROVISIONS
1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in
writing and delivered by certified mail or in person.
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement, or
so fails to pursue the work as to endanger performance of this Agreement
in accordance with its terms, and after receipt of written notice from State
fails to correct such failures within ten (10) days or such longer period as
State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
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 State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
4. 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
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City of Springfield/ODOT
Agreement No. 73000-00005553
Party Claim with counsel of its own choosing are conditions precedent to that Party's
liability with respect to the Third Party Claim.
5. 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.
6. 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 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.
Agency'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 it had sole liability in the proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
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.
8. As federal funds are involved in this Agreement, EXHIBIT B and EXHIBIT C are
attached hereto and by this reference made a part hereof, and are hereby certified to
by Agency representative.
9. Agency, as a recipient of federal funds, pursuant to this Agreement with the State,
shall assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires the State to return funds to the
Federal Highway Administration, hold harmless and indemnify the State for an
amount equal to the funds received under this Agreement; or if legal limitations apply
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City of Springfield/ODOT
Agreement No. 73000-00005553
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.
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.
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 STIP, (Key #20209) that was adopted by the Oregon
Transportation Commission on July 15, 2020 (or subsequently by amendment to the
STIP).
Signature Page to Follow
E:3
City of Springfield/ODOT
Agreement No. 73000-00005553
CITY OF SPRINGFIELD, by and through
its designated officials
By
Date
By
Date
LEGAL REVIEW APPROVAL (If required
in Agency's process)
By Kv'6Wu all(raal5l
Agency's Counsel
Date
Agency Contact:
Brian Barnett, PE
City Traffic Engineer
201 South 18t" Street
Springfield, Oregon 97477
bbarnett(cD_springfield-or.gov
State Contact:
Jennifer Hedlind
Project Leader
2080 Laura Street
Springfield, Oregon 97477
541-747-1310
Jennifer. L.Hedlind(cD-odot.oregon.gov
STATE OF OREGON, by and through
its Department of Transportation
By
Delivery and Operations Division
Administrator
Date
APPROVAL RECOMMENDED
By
Region 2 Manager
Date
By
Region 2 Project Delivery Manager
Date
By
Region 2 Right of Way and Utilities
Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By: Katrina L. Brown
Assistant Attorney General
Date September 8, 2022, via email
w7
City of Springfield/ODOT
Agreement No. 73000-00005553
EXHIBIT A
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City of Springfield/ODOT
Agreement No. 73000-00005553
For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor
shall mean Agency and references to Contract shall mean Agreement.
EXHIBIT B
CONTRACTOR CERTIFICATION
Contractor certifies by signing this Contract that Contractor has not:
(a) Employed or retained for a commission, percentage, brokerage, contingency fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above Contractor) to solicit or secure this Contract,
(b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the
services of any firm or person in connection with carrying out the Contract, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above Contractor), any fee, contribution, donation or consideration of
any kind for or in connection with, procuring or carrying out the Contract, except as here
expressly stated (if any):
Contractor further acknowledges that this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
DEPARTMENT OFFICIAL CERTIFICATION
Department official likewise certifies by signing this Contract that Contractor or his/her representative has
not been required directly or indirectly as an expression of implied condition in connection with obtaining or
carrying out this Contract to:
(a) Employ, retain or agree to employ or retain, any firm or person or
(b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind except as here expressly stated (if any):
Department official further acknowledges this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
EXHIBIT C
Federal Provisions
Oregon Department of Transportation
CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION
Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its principals:
11
Agency/State
Agreement No.
Are not presently debarred, suspended,
proposed for debarment, declared
ineligible or voluntarily excluded from
covered transactions by any Federal
department or agency;
Have not within a three-year period
preceding this Contract been convicted of
or had a civil judgment rendered against
them for commission of fraud or a
criminal offense in connection with
obtaining, attempting to obtain or
performing a public (federal, state or
local) transaction or contract under a
public transaction; violation of federal or
state antitrust statutes or commission of
embezzlement, theft, forgery, bribery
falsification or destruction of records,
making false statements or receiving
stolen property;
3. Are not presently indicted for or otherwise
criminally or civilly charged by a
governmental entity (federal, state or
local) with commission of any of the
offenses enumerated in paragraph (1)(b)
of this certification; and
4. Have not within a three-year period
preceding this Contract had one or more
public transactions (federal, state or
local) terminated for cause or default.
Where the Contractor is unable to certify to any
of the statements in this certification, such
prospective participant shall submit a written
explanation to Department.
List exceptions. For each exception noted,
indicate to whom the exception applies, initiating
agency, and dates of action. If additional space
is required, attach another page with the
following heading: Certification Exceptions
continued, Contract Insert.
EXCEPTIONS:
Exceptions will not necessarily result in denial of
award, but will be considered in determining
Contractor responsibility. Providing false
information may result in criminal prosecution or
administrative sanctions.
STIP Key No. 20209
The Contractor is advised that by signing this
Contract, the Contractor is deemed to have
signed this certification.
II. INSTRUCTIONS FOR CERTIFICATION
REGARDING DEBARMENT, SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS—
PRIMARY COVERED TRANSACTIONS
1. By signing this Contract, the Contractor
is providing the certification set out
below.
2. The inability to provide the certification
required below will not necessarily result
in denial of participation in this covered
transaction. The Contractor shall explain
why he or she cannot provide the
certification set out below. This
explanation will be considered in
connection with the Department
determination to enter into this
transaction. Failure to furnish an
explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a
material representation of fact upon
which reliance was placed when the
Department determined to enter into this
transaction. If it is later determined that
the Contractor knowingly rendered an
erroneous certification, in addition to
other remedies available to the Federal
Government or the Department may
terminate this transaction for cause of
default.
4. The Contractor shall provide immediate
written notice to the Department if at any
time the Contractor learns that its
certification was erroneous when
submitted or has become erroneous by
reason of changed circumstances.
The terms "covered transaction",
"debarred", "suspended", "ineligible",
"lower tier covered transaction",
"participant", "person", "primary covered
transaction", "principal", and "voluntarily
excluded", as used in this clause, have
the meanings set out in the Definitions
and Coverage sections of the rules
implementing Executive Order 12549.
You may contact the Department's
Program Section (Tel. (503) 986-2710)
to which this proposal is being submitted
City of Springfield/ODOT
Agreement No. 73000-00005553
for assistance in obtaining a copy of
those regulations.
6. The Contractor agrees by entering into
this Contract that, should the proposed
covered transaction be entered into, it
shall not knowingly enter into any lower
tier covered transactions with a person
who is debarred, suspended, declared
ineligible or voluntarily excluded from
participation in this covered transaction,
unless authorized by the Department or
agency entering into this transaction.
7. The Contractor further agrees by
entering into this Contract that it will
include the Addendum to Form
FHWA-1273 titled, "Appendix
B --Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion --Lower Tier Covered
Transactions", provided by the
Department entering into this covered
transaction without modification, in all
lower tier covered transactions and in all
solicitations for lower tier covered
transactions.
8. A participant in a covered transaction
may rely upon a certification of a
prospective participant in a lower tier
covered transaction that it is not
debarred, suspended, ineligible or
voluntarily excluded from the covered
transaction, unless it knows that the
certification is erroneous. A participant
may decide the method and frequency
by which it determines the eligibility of
its principals. Each participant may, but
is not required to, check the
Nonprocurement List published by the
U. S. General Services Administration.
9. Nothing contained in the foregoing shall
be construed to require establishment of
a system of records to render in good
faith the certification required by this
clause. The knowledge and information
of a participant is not required to exceed
that which is normally possessed by a
prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under
paragraph 6 of these instructions, if a
participant in a covered transaction
MCI
knowingly enters into a lower tier
covered transaction with a person who
is suspended, debarred, ineligible or
voluntarily excluded from participation in
this transaction, in addition to other
remedies available to the Federal
Government or the Department, the
Department may terminate this
transaction for cause or default.
III. ADDENDUM TO FORM FHWA-1273,
REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors,
material suppliers, vendors, and other lower tier
participants.
Appendix B of 49 CFR Part 29 -
Appendix B --Certification Regarding
Debarment, Suspension, Ineligibility, and
Voluntary Exclusion --Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this Contract,
the prospective lower tier participant is
providing the certification set out below.
2. The certification in this clause is a
material representation of fact upon
which reliance was placed when this
transaction was entered into. If it is later
determined that the prospective lower
tier participant knowingly rendered an
erroneous certification, in addition to
other remedies available to the Federal
Government, the department or agency
with which this transaction originated
may pursue available remedies,
including suspension and/or debarment.
3. The prospective lower tier participant
shall provide immediate written notice to
the person to which this Contract is
submitted if at any time the prospective
lower tier participant learns that its
certification was erroneous when
submitted or has become erroneous by
reason of changed circumstances.
4. The terms "covered transaction",
"debarred", "suspended", "ineligible",
"lower tier covered transaction",
"participant", "person", "primary covered
City of Springfield/ODOT
Agreement No. 73000-00005553
transaction", "principal", "proposal', and
prudent person in the ordinary course of
"voluntarily excluded", as used in this
business dealings.
clause, have the meanings set out in the
Definitions and Coverage sections of
9. Except for transactions authorized under
rules implementing Executive Order
paragraph 5 of these instructions, if a
12549. You may contact the person to
participant in a covered transaction
which this Contract is submitted for
knowingly enters into a lower tier
assistance in obtaining a copy of those
covered transaction with a person who
regulations.
is suspended, debarred, ineligible or
voluntarily excluded from participation in
5. The prospective lower tier participant
this transaction, in addition to other
agrees by submitting this Contract that,
remedies available to the Federal
should the proposed covered
Government, the department or agency
transaction be entered into, it shall not
with which this transaction originated
knowingly enter into any lower tier
may pursue available remedies,
covered transaction with a person who
including suspension and/or debarment.
is debarred, suspended, declared
ineligible or voluntarily excluded from
Certification Regarding Debarment,
participation in this covered transaction,
Suspension, Ineligibility, and Voluntary
unless authorized by the department or
Exclusion --Lower Tier Covered
agency with which this transaction
Transactions
originated.
a. The prospective lower tier participant
6. The prospective lower tier participant
certifies, by entering into this
further agrees by submitting this
Contract, that neither it nor its
Contract that it will include this clause
principals is presently debarred,
titled, "Certification Regarding
suspended, proposed for
Debarment, Suspension, Ineligibility and
debarment, declared ineligible or
Voluntary Exclusion --Lower Tier
voluntarily excluded from
Covered Transaction", without
participation in this transaction by
modification, in all lower tier covered
any Federal department or agency.
transactions and in all solicitations for
lower tier covered transactions.
b. Where the prospective lower tier
participant is unable to certify to any
7. A participant in a covered transaction
of the statements in this certification,
may rely upon a certification of a
such prospective participant shall
prospective participant in a lower tier
submit a written explanation to
covered transaction that it is not
Department.
debarred, suspended, ineligible or
voluntarily excluded from the covered
IV. EMPLOYMENT
transaction, unless it knows that the
certification is erroneous. A participant
1. Contractor warrants that he has not
may decide the method and frequency
employed or retained any company or
by which it determines the eligibility of
person, other than a bona fide employee
its principals. Each participant may, but
working solely for Contractor, to solicit
is not required to, check the
or secure this Contract and that he has
nonprocurement list.
not paid or agreed to pay any company
or person, other than a bona fide
8. Nothing contained in the foregoing shall
employee working solely for
be construed to require establishment of
Contractors, any fee, commission,
a system of records to render in good
percentage, brokerage fee, gifts or any
faith the certification required by this
other consideration contingent upon or
clause. The knowledge and information
resulting from the award or making of
of a participant is not required to exceed
this Contract. For breach or violation of
that which is normally possessed by a
this warranting, Department shall have
the right to annul this Contract without
City of Springfield/ODOT
Agreement No. 73000-00005553
liability or in its discretion to deduct from
the Contract price or consideration or
otherwise recover, the full amount of
such fee, commission, percentage,
brokerage fee, gift or contingent fee.
Contractor shall not engage, on a full or
part-time basis or other basis, during the
period of the Contract, any professional
or technical personnel who are or have
been at any time during the period of
this Contract, in the employ of
Department, except regularly retired
employees, without written consent of
the public employer of such person.
3. Contractor agrees to perform consulting
services with that standard of care, skill
and diligence normally provided by a
professional in the performance of such
consulting services on work similar to
that hereunder. Department shall be
entitled to rely on the accuracy,
competence, and completeness of
Contractor's services.
V. NONDISCRIMINATION
During the performance of this Contract,
Contractor, for himself, his assignees and
successors in interest, hereinafter referred
to as Contractor, agrees as follows:
Compliance with Regulations.
Contractor agrees to comply with Title
VI of the Civil Rights Act of 1964, and
Section 162(a) of the Federal -Aid
Highway Act of 1973 and the Civil
Rights Restoration Act of 1987.
Contractor shall comply with the
regulations of the Department of
Transportation relative to
nondiscrimination in Federally assisted
programs of the Department of
Transportation, Title 49, Code of
Federal Regulations, Part 21, as they
may be amended from time to time
(hereinafter referred to as the
Regulations), which are incorporated by
reference and made a part of this
Contract. Contractor, with regard to the
work performed after award and prior to
completion of the Contract work, shall
not discriminate on grounds of race,
creed, color, sex or national origin in the
selection and retention of
subcontractors, including procurement
of materials and leases of equipment.
Contractor shall not participate either
directly or indirectly in the discrimination
prohibited by Section 21.5 of the
Regulations, including employment
practices, when the Contract covers a
program set forth in Appendix B of the
Regulations.
2. Solicitation for Subcontractors, including
Procurement of Materials and
Equipment. In all solicitations, either by
competitive bidding or negotiations
made by Contractor for work to be
performed under a subcontract,
including procurement of materials and
equipment, each potential subcontractor
or supplier shall be notified by
Contractor of Contractor's obligations
under this Contract and regulations
relative to nondiscrimination on the
grounds of race, creed, color, sex or
national origin.
3. Nondiscrimination in Employment (Title
VII of the 1964 Civil Rights Act). During
the performance of this Contract,
Contractor agrees as follows:
a. Contractor will not discriminate
against any employee or applicant
for employment because of race,
creed, color, sex or national origin.
Contractor will take affirmative
action to ensure that applicants are
employed, and that employees are
treated during employment, without
regard to their race, creed, color,
sex or national origin. Such action
shall include, but not be limited to
the following: employment,
upgrading, demotion or transfer;
recruitment or recruitment
advertising; layoff or termination;
rates of pay or other forms of
compensation; and selection for
training, including apprenticeship.
Contractor agrees to post in
conspicuous places, available to
employees and applicants for
employment, notice setting forth the
provisions of this nondiscrimination
clause.
City of Springfield/ODOT
Agreement No. 73000-00005553
Contractor will, in all solicitations or
advertisements for employees
placed by or on behalf of Contractor,
state that all qualified applicants will
receive consideration for
employment without regard to race,
creed, color, sex or national origin.
4. Information and Reports. Contractor will
provide all information and reports
required by the Regulations or orders
and instructions issued pursuant
thereto, and will permit access to his
books, records, accounts, other sources
of information, and his facilities as may
be determined by Department or FHWA
as appropriate, and shall set forth what
efforts he has made to obtain the
information.
5. Sanctions for Noncompliance. In the
event of Contractor's noncompliance
with the nondiscrimination provisions of
the Contract, Department shall impose
such agreement sanctions as it or the
FHWA may determine to be appropriate,
including, but not limited to:
Withholding of payments to
Contractor under the agreement until
Contractor complies; and/or
Cancellation, termination or
suspension of the agreement in
whole or in part.
6. Incorporation of Provisions. Contractor
will include the provisions of paragraphs
1 through 6 of this section in every
subcontract, including procurement of
materials and leases of equipment,
unless exempt from Regulations, orders
or instructions issued pursuant thereto.
Contractor shall take such action with
respect to any subcontractor or
procurement as Department or FHWA
may direct as a means of enforcing such
provisions, including sanctions for
noncompliance; provided, however, that
in the event Contractor becomes
involved in or is threatened with litigation
with a subcontractor or supplier as a
result of such direction, Department
may, at its option, enter into such
litigation to protect the interests of
Department, and, in addition, Contractor
may request Department to enter into
such litigation to protect the interests of
the State of Oregon.
VI. DISADVANTAGED BUSINESS
ENTERPRISE (DBE) POLICY
In accordance with Title 49, Code of
Federal Regulations, Part 26, Contractor
shall agree to abide by and take all
necessary and reasonable steps to comply
with the following statement:
DBE POLICY STATEMENT
DBE Policy. It is the policy of the United
States Department of Transportation
(USDOT) to practice nondiscrimination on
the basis of race, color, sex and/or national
origin in the award and administration of
USDOT assist contracts. Consequently, the
DBE requirements of 49 CFR 26 apply to
this Contract.
Required Statement For USDOT
Financial Assistance Agreement. If as a
condition of assistance the Agency has
submitted and the US Department of
Transportation has approved a
Disadvantaged Business Enterprise
Affirmative Action Program which the
Agency agrees to carry out, this affirmative
action program is incorporated into the
financial assistance agreement by
reference.
DBE Obligations. The Department and its
Contractor agree to ensure that
Disadvantaged Business Enterprises as
defined in 49 CFR 26 have the opportunity
to participate in the performance of
contracts and subcontracts financed in
whole or in part with Federal funds. In this
regard, Contractor shall take all necessary
and reasonable steps in accordance with
49 CFR 26 to ensure that Disadvantaged
Business Enterprises have the opportunity
to compete for and perform contracts.
Neither Department nor its contractors shall
discriminate on the basis of race, color,
national origin or sex in the award and
performance of federally -assisted contracts.
The Contractor shall carry out applicable
requirements of 49 CFR Part 26 in the
award and administration of such contracts.
Failure by the Contractor to carry out these
City of Springfield/ODOT
Agreement No. 73000-00005553
requirements is a material breach of this
Contract, which may result in the
termination of this Contract or such other
remedy as Department deems appropriate.
The DBE Policy Statement and Obligations
shall be included in all subcontracts
entered into under this Contract.
Records and Reports. Contractor shall
provide monthly documentation to
Department that it is subcontracting with or
purchasing materials from the DBEs
identified to meet Contract goals.
Contractor shall notify Department and
obtain its written approval before replacing
a DBE or making any change in the DBE
participation listed. If a DBE is unable to
fulfill the original obligation to the Contract,
Contractor must demonstrate to
Department the Affirmative Action steps
taken to replace the DBE with another
DBE. Failure to do so will result in
withholding payment on those items. The
monthly documentation will not be required
after the DBE goal commitment is
satisfactory to Department.
Any DBE participation attained after the
DBE goal has been satisfied should be
reported to the Departments.
DBE Definition. Only firms DBE
certified by the State of Oregon,
Department of Consumer & Business
Services, Office of Minority, Women &
Emerging Small Business, may be utilized
to satisfy this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DBE GOAL 0 %
By signing this Contract, Contractor
assures that good faith efforts have been
made to meet the goal for the DBE
participation specified in the Contract for
this project as required by ORS 200.045,
and 49 CFR 26.53 and 49 CFR, Part 26,
Appendix A.
VII. LOBBYING
The Contractor certifies, by signing this
agreement to the best of his or her
knowledge and belief, that:
17
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.
2. 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 agreement, the undersigned
shall complete and submit Standard
Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its
instructions.
This certification is a material
representation of fact upon which reliance
was placed when this transaction was
made or entered into. Submission of this
certification is a prerequisite for making or
entering into this transaction imposed by
Section 1352, Title 31, U. S. Code. Any
person who fails to file the required
certification shall be subject to a civil
penalty of not less than $10,000 and not
more than $100,000 for each such failure.
The Contractor also agrees by signing this
agreement that he or she shall require that
the language of this certification be included
in all lower tier subagreements, which
exceed $100,000 and that all such
subrecipients shall certify and disclose
accordingly.
FOR INQUIRY CONCERNING
DEPARTMENT'S DBE
City of Springfield/ODOT
Agreement No. 73000-00005553
PROGRAM REQUIREMENT
CONTACT OFFICE OF CIVIL
RIGHTS AT (503)986-4354.
W-01