HomeMy WebLinkAbout1998-019 Project Agrmt - ODOTCITY OF ASHLAND CITY HALL
DEPARTMENT OF PUBLIC WORKS 20 E. MAIN STREET
ADMINISTRATION: (541) 488-5587 ASHLAND, OREGON 97520-1814
ENGINEERING: (541) 488-5347 FAX (541) 4884006
March 4, 1998
Michael Ronkin ~
Bicycle ai~l-~/M~trian Program Manager
Departme/m~of Transportation
Roo~2~10 Transportation Building
///S/a~m, OR 97310
Re: ASHLAND - SIDEWALKS AND CURB EXTENSIONS ON OAK STREET; HERSEY TO
NEVADA (ODOT AGREEMENT # 15,962)
Dear Mr. Ronkin,
Enclosed are two executed contracts for the Oak Street Sidewalks and Curbs project. These were
approved at our March 3, 1998 Council Meeting during regular scheduled activities.
The costs are as follows:
Total Cost:
State Share:
City Share:
$147,684 (current estimate)
100,000 (maximum State portion)
47,684 (minimum of 20% match)
We understand that the first half of the grant funds may be requested from the State after July 1,
1998, but that we may commence design prior to that time, but no later than October 1, 1998. We
further understand that your office must approve construction plans prior to any construction work on
the project. Final payment will be released upon project completion and ODOT inspection of the
project work. We will begin finalizing design efforts with the "neighborhood" and through public
process prior to July 1, 1998. I am under the impression that any of the final engineering design that
is completed in our City offices can be counted toward our match as "in-kind" as long as it is
documented, and that we can claim these in-kind matches prior to July 1. Please correct me if my
understanding is incorrect.
As you are most likely aware, Pam Barlow took another job outside the City. Please contact me if
you have any questions or concerns regarding this project. I may be reached at (541) 488-5587, or
through e-mail at: paula@ashland.or. us.
We look forward to working with you on the completion of this important pedestrian and safety
solution.
Paula C. Brown, PE
Public Works Director / City Engineer
Cc: Barbara Christensen, City recorde w~ith third o~riginal)
Greg Scoles, Interim City Administrator
Misc. Contracts Agreement No. 15,962
City of Ashland
APPROVED STATE Staff
DATE: 12, 1997
Misc. Contracts & Agreements
No. 15,962
FISCAL YEAR 1999 LOCAL ASSISTANCE BICYCLE/PEDESTRIAN
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as
"State"; and CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter
referred to as "City."
WITNESSETH
RECITALS
1. By the authority granted in ORS 366.514, funds received from the State Highway
Trust Fund are to be expended by the State and the various counties and cities for the
establishment of footpaths and bicycle trails. For purposes of Article IX, Section 3a, of
the Oregon Constitution, the establishment and maintenance of such footpaths and
bicycle trails are for highway, road, and street purposes when constructed within the
right of way.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into
cooperative agreements with counties and cities for the performance of work on certain
types of improvement projects with the allocation of costs on terms and conditions
mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and City plan and propose to construct the Hersey to
Nevada Section of the Oak St. sidewalks, curb extensions 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. City has determined that the actual total cost of the project is estimated to be
$147,684. This cost shall be shared 80% by State and 20% by City; in no event shall
State participation exceed the total sum of $100,000 or 80% of the actual cost,
whichever is the lesser.
Misc. Contract Agreement No. 15,962
City of Ashland
3. This agreement shall become effective upon execution of this agreement by all parties
and shall remain in effect for the purpose of ongoing maintenance responsibilities for
the useful life of the facilities constructed as part of the project. The project shall be
completed within one calendar year from initiation of a contract to develop the project or
commencement of the project by City forces.
CITY OBLIGATIONS
1. City shall perform the work described in this agreement. City shall conduct the
necessary field surveys, prepare plans and contract documents, advertise for bid
proposals, award all contracts, and supervise construction of the project. Actual
construction of the project may be accomplished by City forces, by contract, or by any
combination of these methods, as City shall elect.
2. City shall submit a copy of the plans and specifications to State's Bicycle and
Pedestrian Program Manager for review and concurrence prior to construction. The
project design, signing, and marking shall be in conformance with the current Oregon
Bicycle and Pedestrian Plan.
3. City shall submit to the State's Bicycle and Pedestrians Program Manager a
notification that City is prepared to proceed with the development of the project and a
request for 50% of the agreed maximum State share of the project costs in the amount
of $50,000.
4. City shall by October 1, 1998, enter into a contract for development of project with a
private contractor or commence actual development if project is to be accomplished by
City forces. Preparation of construction plans may be considered development of
project. This deadline may be extended upon written request from City and approved in
writing by the State's Bicycle and Pedestrian Program Manager, but shall not be
extended beyond May 1, 1999. If such deadlines are not met, City shall refund all funds
paid by State on the project. City shall complete project within one calendar year from
initiation of a contract or commencement of the project.
5. City shall, upon completion of project, submit to State Bicycle and Pedestrian
Program an itemized statement of the final actual total cost of the project.
6. City shall, upon completion of project, thereafter maintain and operate the completed
project at its own cost and expense, and in a manner satisfactory to State.
7. City shall enter into and execute this agreement during a duly authorized session of
its City Council.
2
Misc. Contract Agreement No. 15,962
City of Ashland
8. City shall not enter into any subcontracts for any of the work scheduled under this
agreement without obtaining prior written approval from State.
9. City agrees to 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 279.312, 279.314, 279.316, 279.320 and
279.555, which hereby are incorporated by reference. Without limiting the generality
of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of
1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (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.
10. City 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 limited to retirement contributions, workers compensation, unemployment taxes,
and state and federal income tax withholdings.
STATE OBLIGATIONS
1. State's Bicycle and Pedestrian Program Manager shall review and must concur in the
plans prepared by City before construction begins, and shall process all billings
submitted by City.
2. Upon receipt of notification that the City is prepared to proceed with the development
of project, State shall deposit with City the sum of $50,000, such amount being equal to
50 percent of the agreed maximum State share of project costs. Said deposit shall not
be made prior to July 1, 1998. Upon completion of project, inspection by the Bicycle
and Pedestrian Program staff (or a representative of State's Region office), and receipt
from City of an itemized statement of the actual total cost of the project, State shall
deposit with City a final payment in an amount which, when added to the initial
deposit, would equal State's proportional share of the total project costs, but in no event
shall participation by State exceed the total sum of $ 100,000.
3. In the event this agreement is terminated for any reason, City shall provide an
itemized statement of the costs and expenses prior to date of terttdnation. City and
State shall share expenses in proportion to the rate established in Terms of Agreement,
paragraph 2, and ff any funds are remaining from the advance deposit they will be
refunded to State.
Misc. Contract Agreement No. 15,962
City of Ashland
4. 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 current biennial budget.
GENERAL PROVISIONS
1. City, its subcontractors, if any, and all employers working under this agreement are
subject employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers' compensation coverage for all
their subject workers.
2. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by State, under any of the following
conditions, but not limited to these conditions.
a. If City fails to provide services called for by this agreement within the
time specified herein or any extension thereof.
If City 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 10 days or such
longer period as State may authorize.
If State fails to receive funding, or appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided
in the agreement.
do
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.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. Minor modifications to the project details may be made with the written consent of
the State's Bicycle and Pedestrian Program Manager. A minor modification is one that
does not materially alter the objectives or products of the project. Budget
Misc. Contract Agreement No. 15,962
City of Ashland
modifications and major modifications to the agreement must be processed as an
amendment to the agreement.
4. City acknowledges and agrees that State, the Secretary of State's Office of the State
of Oregon, the federal government, and their duly authorized representatives shall
have access to the books, documents, papers, and records of City which are directly
pertinent to the specific agreement for the purpose of making audit, examination,
excerpts, and transcripts for a period of three years after final payment. Copies of
applicable records shall be made available upon request. Payment for costs of copies
is reimbursable by State.
5. This agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this agreement shall not constitute a waiver by State
of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this project on December 17, 1997,
as part of the Fiscal Year 1999 Local Assistance Bicycle and Pedestrian Program. At that
time the Technical Services Branch Manager was authorized to execute this agreement
for and on behalf of the Commission.
Misc. Contract Agreement No. 15,962
City of Ashland
APPROVAL RECOMMENDED:
STATE OF OREGON,
by and through its
Department of Transportation
Bicycle and Pedestrian Program Mgr.
Date
STATE OF OREGON
by and through its
Departing, nt of,~ansp~]~. ~on
Tecfffiical Services Branch Mgr.
Date Z/~/~O~
City Address:
CITY OF ASHLAND
CITY HALL
20 EAST MAIN
ASHLAND, OR 97520
CITY OF ASHLAND
Date
By /~
Date
ugh its Elected Officials:
6
Oak .$., eet Project
m !
'i
~r~"~'¥¥ Existing Sidewalk
VVVVVV Proposed Sidewalk
Misc. Contracts Agreement No. 15,962
City of Ashland
APPROVED STATE Staff
DATE: 12, 1997
Misc. Contracts & Agreements
No. 15,962
FISCAL YEAR 1999 LOCAL ASSISTANCE BICYCLE/PEDESTRIAN
PROJECT AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as
"State"; and CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter
referred to as "City."
WITNESSETH
RECITALS
1. By the authority granted in ORS 366.514, funds received from the State Highway
Trust Fund are to be expended by the State and the various counties and cities for the
establishment of footpaths and bicycle trails. For purposes of Article IX, Section 3a, of
the Oregon Constitution, the establishment and maintenance of such footpaths and
bicycle trails are for highway, road, and street purposes when constructed within the
right of way.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into
cooperative agreements with counties and cities for the performance of work on certain
types of improvement projects with the allocation of costs on terms and conditions
mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and City plan and propose to construct the Hersey to
Nevada Section of the Oak St. sidewalks, curb extensions 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. City has dete~iifined that the actual total cost of the project is estimated to be
$147,684. This cost shall be shared 80% by State and 20% by City; in no event shall
State participation exceed the total sum of $100,000 or 80% of the actual cost,
whichever is the lesser.
Misc. Contract Agreement No. 15,962
City of Ashland
3. This agreement shall become effective upon execution of this agreement by all parties
and shall remain in effect for the purpose of ongoing maintenance responsibilities for
the useful life of the facilities constructed as part of the project. The project shall be
completed within one calendar year from initiation of a contract to develop the project or
commencement of the project by City forces.
CITY OBLIGATIONS
1. City shall perform the work described in this agreement. City shall conduct the
necessary field surveys, prepare plans and contract documents, advertise for bid
proposals, award all contracts, and supervise construction of the project. Actual
construction of the project may be accomplished by City forces, by contract, or by any
combination of these methods, as City shall elect.
2. City shall submit a copy of the plans and specifcafions to State's Bicycle and
Pedestrian Program Manager for review and concurrence prior to construction. The
project design, signing, and marking shall be in conformance with the current Oregon
Bicycle and Pedestrian Plan.
3. City shall submit to the State's Bicycle and Pedestrians Program Manager a
notification that City is prepared to proceed with the development of the project and a
request for 50% of the agreed maximum State share of the project costs in the amount
of $50,000.
4. City shall by October 1, 1998, enter into a contract for development of project with a
private contractor or commence actual development if project is to be accomplished by
City forces. Preparation of construction plans may be considered development of
project. This deadline may be extended upon written request from City and approved in
writing by the State's Bicycle and Pedestrian Program Manager, but shall not be
extended beyond May 1, 1999. If such deadlines are not met, City shall refund all funds
paid by State on the project. City shall complete project within one calendar year from
initiation of a contract or commencement of the project.
5. City shall, upon completion of project, submit to State Bicycle and Pedestrian
Program an itemized statement of the final actual total cost of the project.
6. City shall, upon completion of project, thereafter maintain and operate the completed
project at its own cost and expense, and in a manner satisfactory to State.
7. City shall enter into and execute this agreement during a duly authorized session of
its City Council.
Misc. Contract Agreement No. 15,962
City of Ashland
8. City shall not enter into any subcontracts for any of the work scheduled under this
agreement without obtaining prior written approval from State.
9. City agrees to 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 279.312, 279.314, 279.316, 279.320 and
279.555, which hereby are incorporated by reference. Without limiting the generality
of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of
1964; (ii) Section V of the Rehabilitation Act of 1973; {iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (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.
10. City 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 limited to retirement contributions, workers compensation, unemployment taxes,
and state and federal income tax withholdings.
STATE OBLIGATIONS
1. State's Bicycle and Pedestrian Program Manager shall review and must concur in the
plans prepared by City before construction begins, and shall process all billings
submitted by City.
2. Upon receipt of notification that the City is prepared to proceed with the development
of project, State shall deposit with City the sum of $50,000, such amount being equal to
50 percent of the agreed maximum State share of project costs. Said deposit shall not
be made prior to July 1, 1998. Upon completion of project, inspection by the Bicycle
and Pedestrian Program staff (or a representative of State's Region office), and receipt
from City of an itemized statement of the actual total cost of the project, State shall
deposit with City a final payment in an amount which, when added to the initial
deposit, would equal State's proportional share of the total project costs, but in no event
shall participation by State exceed the total sum of $ 100,000.
3. In the event this agreement is terminated for any reason, City shall provide an
itemized statement of the costs and expenses prior to date of termination. City and
State shall share expenses in proportion to the rate established in Terms of Agreement,
paragraph 2, and if any funds are remaining from the advance deposit they will be
refunded to State.
Misc. Contract Agreement No. 15,962
City of Ashland
4. 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 current biennial budget.
GENERAL PROVISIONS
1. City, its subcontractors, if any, and all employers working under this agreement are
subject employers under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers' compensation coverage for all
their subject workers.
2. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by State, under any of the following
conditions, but not limited to these conditions.
a. If City fails to provide services called for by this agreement w/thin the
time specified herein or any extension thereof.
If City 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 10 days or such
longer period as State may authorize.
Co
If State fails to receive funding, or appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided
in the agreement.
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.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. Minor modifications to the project details may be made with the written consent of
the State's Bicycle and Pedestrian Program Manager. A minor modification is one that
does not materially alter the objectives or products of the project. Budget
4
Misc. Contract Agreement No. 15,962
City of Ashland
modifications and major modifications to the agreement must be processed as an
amendment to the agreement.
4. City acknowledges and agrees that State, the Secretary of State's Office of the State
of Oregon, the federal government, and their duly authorized representatives shall
have access to the books, documents, papers, and records of City which are directly
pertinent to the specific agreement for the purpose of making audit, examination,
excerpts, and transcripts for a period of three years after final payment. Copies of
applicable records shall be made available upon request. Payment for costs of copies
is reimbursable by State.
5. 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 ternis of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this agreement shall not constitute a waiver by State
of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and alTmed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this project on December 17, 1997,
as part of the Fiscal Year 1999 Local Assistance Bicycle and Pedestrian Program. At that
time the Technical Services Branch Manager was authorized to execute this agreement
for and on behalf of the Commission.
Misc. Contract Agreement No. 15,962
City of Ashland
APPROVAL RECOMMENDED:
STATE OF OREGON,
by and through its
Department of Transportation
Bicycle and Pedestrian Program Mgr.
Date ~' ~ ~2~ / ~ ~'f
STATE OF OREGON
by and through its
Tedl'fiical Services Branch Mgr.
Date Z/~/~oa'
City Address:
CITY OF ASHLAND
CITY HALL
20 EAST MAIN
ASHLAND, OR 97520
CITY OF ASHLAND
by and ~ff'~ugh its Elected Officials:
Date ~/~U ~ [~:~,
.Oa.k ,$..,.eet Project
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~Existing Sidewalk
~"-='.'~-"~-'~'.~ '~ 5C~ : 1" ~ 1~'
~ VVVVVV Proposed Sidewalk