HomeMy WebLinkAbout1992-085 Intergov Agrmt - ODOT~ City of Ashland
20 E. Main
Ashland, OR 97520
Attention: Nan E. Franklin
City Recorder
July 24,
1992
DEPARTMENT OF
TRANSPORTATION
Department of Land
Conservation and Development
1175 Court St. NE
Salem, OR 97310 FILECODE:
AGR
Attention: Richard Benner
Director
Attached for your records is a copy of an agreement for a
transportation/land use video to be produced by John Freg-
one~e.
We have retained a copy of this agreement for the Transporta-
tion Commission's files. -
FKN/lls
Attachment
Fran Neavoll
COMMISSION SERVICES
Transportation Building
731 0146 (12-90) Salem, OR 97310
INTERGOVERNMENTAL AGREEMENT
TRANSPORTATION/LAND USE VIDEO
Misc. Contracts and
Agreements No. 11219
THIS AGREEMENT is between the STATE OF OREGON, acting by and through its Department
of Transportation, hereinafter referred to as "ODOT", and its Department of Land Conservation
and Development, hereinafter referred to as "DLCD"; and the City of Ashland, hereinafter
referred to as "Ashland".
By the authority granted in ORS 190.110 and 283.110, state agencies and units of local
government may enter into agreements 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. Under such
authority, ODOT and DLCD wish to retain the services of Ashland to prepare a video program,
as described in the following statement of work.
1. STATEMENT OF WORK
Ashland agrees to prepare a video program which illustrates how personal transportation
decisions are affected by land use and transportation design. The program will generally follow
the outline of the script included in Attachment A. The product will be a program video tape
in a format, quality and style appropriate for public access cable program use and for use in small
group meetings. The video will provide customary credits to ODOT and DLCD in preparation
of the video. The program will be prepared and the video tape delivered to ODOT and DLCD
according to the work program and schedule outlined in Attachment B.
2. CONTRACT EFFECTIVE DATE
The services to be performed under this contract may begin immediately upon written notice by
ODOT to Ashland to proceed. All services must be performed prior to October 31, 1992.
3. CONSIDERATION
Upon completion of the work, Ashland shall present a properly certified billing
for 100 percent of actual costs incurred by Ashland on behalf of the project
directly to ODOT's liaison person for review and approval. Such bill shall be in
a form acceptable to ODOT and documented in such a manner as to be easily
verified.
In consideration for services performed, ODOT agrees to pay Ashland a total of
$5,000. Forty percent (40%) of that amount ($2,000) shall be paid to Ashland
upon completion and approval of the final script. The remaining sixty percent
(60%) shall be paid to Ashland upon satisfactory completion of the work. Travel
expenses will be reimbursed at state rates to Ashland by ODOT and are included
in the maximum $5,000 consideration. The maximum reimbursement for
automobiles will be $0.22 per mile. The maximum reimbursement for per diem
will be $59.40 per day.
Upon completion of the work and receipt of billing from ODOT, DLCD agrees
to reimburse ODOT for $1000 of the cost of the work.
4. SCRIPT APPROVAL
Ashland shall provide ODOT and DLCD a copy of the final script of the video program for their
review and approval.
5. GOVERNMENT EMPLOYMENT STATUS
Ashland certifies that its employees are not currently employed by the Federal Government.
2
6. DUAL PAYMENT
Ashland shall not be compensated for work perfom~ed under this agreement from any other
Department of the State of Oregon.
7. FUNDS AVAILABLE AND AUTHORIZED
ODOT and DLCD certify at the time this agreement is written that sufficient funds are available
and authorized for expenditures to finance costs of this contract within ODOT's and DLCD's
current appropriation or limitation.
8. ACCESS TO RECORDS
Ashland shall maintain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred on this project and shall make such materials available at their
respective offices at all reasonable times during the contract period and for three years from the
date of final payment under this contract, for inspection by ODOT and/or Legislative Auditor,
and copies thereof shall be furnished if requested.
9. COMPLIANCE WITH LAWS
Ashland agrees to comply with all applicable State, Federal, local laws, rules, regulations and
ordinances, including but not limited to those pertaining to Civil Rights.
10. NONDISCRIMINATION
Ashland will comply with the provisions contained in Title VI of the Civil Rights Act of 1964.
'11. SUBLEI'I'ING, ASSIGNMENT OF TRANSFER
This contract, except as set forth herein, shall not be transferred, assigned or sublet without the
prior written assent of ODOT and DLCD.
12. CHANGE ORDERS AND MODIFICATIONS
Scope of services may be modified upon approval in writing by ODOT with the consent of
DLCD. Other changes require amendment to the contract.
13. PROGRESS INSPECTIONS
During the progress of the work, representatives of ODOT and DLCD shall have the right to
inspect the progress of work.
14. WORKERS' COMPENSATION
The contractor, its subcontractors, if any, and all employers working under this agreement are
subject employers under Oregon Workers' Compensation Law and shall comply with ORS
656.017, which requires them to provide Workers' Compensation coverage for all their subject
workers.
15. EMPLOYMENT EXPENSES
Ashland shall be responsible for all costs and expenses related to its employment of individuals
to perform the work under this agreement, including not limited to retirement program
contributions, workers' compensation, unemployment taxes, and State and Federal income tax
withholdings.
16. SEVERABILITY
The parties hereto agree that if any term or provision of this contract 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 obligations of the
parties shall be construed and enforced as if the contract did not contain the particular term or
provision held to be invalid.
17. TERMINATION
This agreement may be terminated by mutual consent of all parties, or by any party upon 30 days
written notice, in writing and delivered by certified mail or in person. ODOT may terminate this
agreement effective upon delivery of written notice to Ashland, or at such later date as may be
established by ODOT, under any of the following conditions, but not limited to these conditions.
If Ashland fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
If Ashland 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 ODOT fails to
correct such failures within 10 days or such longer period as ODOT may
authorize.
5
'18. MERGER
This contract constitutes the entire agreement between the parties. No waiver, consent,
modification or change of terms of this contract shall bind either party unless in writing and
signed by all parties. Such waiver, consent, modification or change, if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this contract.
Ashland, by the signature below of its authorized representative, hereby acknowledges that he/she
has read this contract, understands it and agrees to be bound by its terms and conditions.
The Oregon Transportation Commission, by a duly adopted delegation order, authorized the
Transportation Commission Chairman to approve this agreement for and on behalf of the
Commission. By a delegated authority report, dated April 29, 1992, the Transportation
Commission Chairman authorized the Development Branch Manager to sign this agreement for
and on behalf of the Commission. APPROVED BY CHAIRMAN
t~4iCHAEL P. HOLLERN
Date
STATE OF OREGON, by and through its
Department of Transportation
By ~
Trans. Dev. B~nch Mgr.
Date 7~Or'~/~ g~
STATE OF OREGON, by and through its
Department of Land Conservation and
Development
Director - - * v
CITY OF ASHLAND
APPROVED AS TO LEGAL
SUFFI~C~/~CY
By ~//~ ~/~W-~~
Assistant Attorney General
6
Exhibit A
Draft Treatment for a Video Program
January 2,. 1991
John Fregonese
TRANSPORTATION IN THE 21ST CENTURY - OREGON'S CHALLENGE
The camera slowly pans over middle aged couple in bed, soundly
asleep. The room is comfortably disheveled. The radio comes on,
with the D.J. coaxing the woman awake with the usual morning show
patter. As she reaches for the radio, we CUT to a different
hand.
This is a young man, late 20's, who is reaching for a similar
clock radio, getting up and rubbing his eyes. He is also in bed
with a woman of similar age, and they both begin to stir and
begin their day.
The camera CUTS to the first couple, and focuses on the man in
bed with her, a middle aged (mid 40's) who is rubbing his eyes.
He gets out of bed, goes to the kitchen, and pours a cup from the
Mr. Coffee. His wife walks in, and we see that thet are a family
of three, with a 10 year old son.
We cut back to the second couple, and they are a young, childless
couple in a sparcely firnished house. It's 7:00 a.m. Music is up
beat, pop rock. The same station plays in both homes. Camera pans
around the kitchen to NARRATOR, who surprises us with his
presence in a person's home, like Rod Sterling in "The Twilight
Zone". He walks toward the camera, with the happy domestic
breakfast scene in the background.
NARRATOR...
"In our society, we rely on most people getting up and going to
work at about the same time every day. This simple act of habit
ties us together as a State, allowing us to interact in the work
place. However, we like to retain a feeling of independence.
CUT to the front of the house. The two couples are neighbors.
The interact in a friengly manner. It becomes clear that they
are all leaving home for the day. The older woman, the older
man, and the young boy walk off together. The young woman mounts
a bike and takes off. The young man, loveable but slightly
overweight, takes off in his car. We follow him, as he proceeds
to a feeway, and joins the morning rush hour.
We see him on a jammed freeway, full of single occupancy
vehicles. DJ is giving a traffic report that 217 is slow,
accident on the Banfield, I-5 bridge is jammed, etc. Over the
radio, Bobby Brown sings "Its my prerogative..."
NARRATOR continues...
'"In Oregon, we have become accustomed to going where we want,
when we want, however we want. The automobile has become the
overwhaelming choice because it allows us to excersize this
freedom. But this is not without costs. Pollution, conjestion,
and urban sprawl all have their root in the overuse of the auto
as a means of transport.
This program will explore alternative to this that provide for
great freedom, but don't rely on the car. We will look at how to
exercise our freedom to travel by any means - by foot, by bike,
by bus, or by car - and at times find each of them pleasant and
rewarding."
"Before we look at how to solve today's problems, lets look ast
how we got to where we are today. Let's examine the evolution of
Salem to the city it is today.".
Music UP - its a ragtime tune played on a piano - B&W stills of
Salem in the teens, 20's and 30's, crowded sidewalks downtown,
street cars, buses, old neighborhoods, general stores, etc.
NARRATOR...
"Before World War II, cities were designed to accommodate a
number of transportation modes. The ordinary working person
didn't usually own an auto, and if they did, they certinally
didn't use it for work. Home delivery was common in urban area
for goods and groceries.
Auto ownership was growing, but 55% of Oregon households did not
own a car in 1920, and 40% did not in 1939. (Note, numbers not
researched)
"Because of this, when a new store was built, the store owner had
to think how his customers would get there. Walking was popular,
and most downtown areas provided ample sidewalks. Where they
were available, proximity to streetcar and bus lines was
important. Residential areas were designed with a simple grid
pattern of streets, making for lots of options on how to get to a
particular spot. Homes and apartments were close to shopping and
work. Many small businesses dotted the neighborhoods, providing
both jobs and services in close proximity."
Music cuts to "Stomping at the Savoy" by Benny Goodman. Black
and white stills and footage of 40's & 50's drive-in's, new
highways under construction, ribbon cuttings on new shopping
centers, etc.
As the narrator begins, we showscenes of Salem in the 40's - new
housing going up. We show scenes from "The Life of Riley" -
Riley catching a bus to work. Then we switch to "Leave It To
Beaver" - the typicial surburban dream. Then we show a few
scenes from a 1956 Pontiac commercial, showing '56 pontiacs
driven in formation by soldiers in uniform.
'NARRATOR...
"World War II brought dramatic change to the way we built cities.
The American Dream began to change. It began to include a home
in the surburbs, and a two car garage, with a shiny new car in
it. This required us to increasingly drive more and more.
Continue with scenes of Salem in the 50's.
NARRATOR...
"New parts of our cities were designed to cater to the affluent
shopper in a car, and parking lots near shopping became
commonplace. As more and more people owned cars, business owners
began to worry only about meeting the needs of the shopper with a
car. Residential areas sprung up in far flung areas not
previously considered as suitable for housing. The freedom a car
offered allowed a person to buy a house in the country, and still
work and shop in town. And many people did...Many cities began
adopting zoning ordinances at this time, and they accelerated the
trend. They separated uses, so that shopping, work, and home
were separated by great distances. They also required large
parking lots, which discouraging walking while encouraging auto
travel."
Music cuts to Beach Boys, scenes of freeway construction,
suburban developments with cul-de-sacs, traffic jams, pollution,
gas lines, sprawl, commercial strips, boarded up downtown shops,
etc.
NARRATOR...
"But by the mid 60's, it began to become clear that future was
not the one we would experience. Air pollution began to become
an increasing problem. Roads that were supposed to have capacity
for decades became crowded in only years, as new options for
destinations made for new trips. Auto use accelerate
dramatically."
Wew superinpose a graphic showing the growth of total miles
driven per yrar from 1950 to 1990.
"And then in 1972, the first OPEC oil embargo drove home level of
dependence on the private auto."
"Oregon began reacting in 1969, with Senate Bill 10. This first
effort a halting sprawl concentrated on its form, not its root
cause. SB 100, which followed in 1973, continued that theme, but
included a Transportation Goal that required an approach to
planning that would look at all modes of travel, not just the
pedestrian. Some cities began to experiment with designs that
limited auto options, and focused on more traditional means -
walking, biking, and bus."
Scenes of portland Transit Mall, Eugene bike paths, pedestrian
oriented developments statewide...
NARRATOR...
"But while success was being achieved in some areas, the general
trend of development was continuing as before - accommodation of
the automobile with little thought of other forms of travel. The
assumption was that anyone who could would choose to drive - and
that was, it turned out to be, a self fulfilling prophecy."
Scenes of Oregon auto oriented sprawl. Traffic noise. The scene
is black and white, and as the color fades in, we spot our friend
just getting off the freeway. He is addicted to the prospect of
finding the closest spot possible to the place he is going. He
darts from place to place, finding full spaces, or having someone
just pull ahead of him.
NARRATOR...
"As we depend more on cars, our need for parking grows
astronomically. Each car now requires 8 parking spaces -- one at
home, one at the office, the grocery store, and so forth. The
look of our cities and towns is changing in our effort to build a
solution. They look more and more like other auto dominated
areas -- Huge parking lots, multi lane streets crowded with cars.
The livability of our state is suffering. And this is resulting
in costs that we no longer can afford, or care to bear. To
preserve our state's quality of life, we must change the way we
think about transportation."
Interview with Governor, who sets the overall tone that a change
is needed.
Interview with ODOT official who talks about impossibility of
building all the necessary facilities to accommodate increases in
traffic.
Interview with Bill Blosser about the Transportation Rule, and
what it is intended to do.
NARRATOR... on screen in a shopping center. We see our friend in
the background waiting for a space, and being skunked.
"While this may seem a very difficult task, remember that we
have thousands of years of experience on building cities that
worked without cars. Most of Europe maintains a high standard of
living without a large dependence on the Auto. According to the
U.S. Census, 25% of Oregonians DON'T drive to work in a car. And
many people in Oregon now use other modes of travel with
regularity. Most say they enjoy being free of the car."
"To find out where we need to go, let's look at how we got to
where we are today.
"These are with NARRATOR in voice-over, and scenes of typical
examples.
"The growth of the widespread use of the automobile was made
possible by ..
1) a large public investment in facilities, such as
highways and freeways.
2) Accommodating the needs of the auto traveler, such
as free parking
3) Land use patterns that supported and encouraged the
use of the car, such as widely scattered destinations."
"To reverse the process, we need to do the same thing for
pedestrians, transit users, and bicyclists as we did for car
owners - design cities so that their form of travel is pleasant
and convenient. Now let's return to the rest of our morning
commuters, and follow them as they make their way to work without
the use of the car".
Here we return to the four persons that we saw leaving for their
day early in the film.
We follow the three walkers as they are off to work and to take
their child to school.
NARRATOR...
"Walking is the most natural of the transportation modes. It is
a skill that we acquire when we are 1, and keep for almost our
entire lives. It is available to most, whether young or old,
rich or poor, and can be used by many disabled persons, including
blind or wheelchair ridden persons." But we need to design our
cities to accommodate the walker with the same ease that our
freeways accommodate the auto."
The camera moves in front of the three walkers as they walk in a
traditional neighborhood, with wide sidewalks, a park row with
street trees, and sequence of trees lining the street, like the
modest areas of East Moreland, or the old neighborhoods of
Woodburn or Silverton.
"Traditional neighborhoods are built with the necessary
facilities. When designing for the pedestrian, it is important
to remember that they are people, not cars. They need protection
from traffic, and they also need amenities that are superfluous
to automotive traffic, trees, benches, landscaping, the location
and types of buildings and how they look are much more important
to the pedestrian than to automotive traffic. Safe, convenient,
and aesthetically pleasing paths are critical to walkers."
"The NARRATOR covers with visual examples some principles of good
pedestrian design -
protected walking areas
landscaping and street trees
architecture that relates to the
the location of buildings close to the
benches and seating
doorways and windows
art and aesthetics
pedestrian scale
pedestrian way
The couple walks to a newer neighborhood, and crosses a cul-de-
sac. We CUT to the scene from the air, which focuses on our
couple, and ZOOMS back, showing that they are very close to the
school and an arterial street, but cut off from it by a lack of
convenient access.
"One other important thing to remember in planning for walkers is
that distance is very critical. A mile is a long way to walk,
and takes most people about 20 minutes. Most walking trips in
cities are less than 1/2 mile. Making the shortest path between
destinations is very important. The old grid pattern of streets
was good at this. Modern developments, with their winding
streets and cul-de-sacs are less conducive to walking."
The NARRATOR covers some basic principles of street design - grid
streets, sidewalks, pedestrian shortcuts, and proximity of
destinations.
The couple drops off their child, and continue to a traditional
commercial area, with store fronts, awnings, and shop owners
sweeping the sidewalks preparing for a day of business. The
camera lingers on a corner grocery store and frames the housing
behind it in the neighborhood.
"Often used destinations, especially shopping for everyday
necessities, should be located close to homes. When shopping,
work, and home are within one mile of each other, walking is an
increasing share of total trips."
Our walkers arrive in a small city downtown. They kiss, and the
woman goes to a bus stop, while the man continues on to open up
his business. The bus stop is in front of a cafe, with shelter,
a bench, and newspapers. She grabs a paper and a cup of coffee,
and settles down comfortably to wait for the bus.
"It is important to remember that mass transit and pedestrians
are inexorably linked. Most bus trips start and end with a
walking trip. And just like walking, the comfort and convenience
of the transit rider are crucial to the success of this mode of
transit."
The NARRATOR covers with visual examples important transit design
features - sheltered waiting areas, waiting areas that are near
"other activity, shops and other uses in close proximity,
convenience of service in place and time, proximity of uses and
housing to a GOOD bus stop.
The woman gets on the bus - we get on the bus with her, and
follow her to her seat. She takes a window seat, and we look
with her out the window. As we ride along, we pass a forlorn
figure waiting in the rain at an unprotected bus stop at the edge
of a huge, littered parking lot. As we pass, we see that it is
the NARRATOR.
We cut to the NARRATOR's perspective, as the bus roars by, and
the narrator discusses how miserable these forms of travel can be
if done incorrectly, and how pleasant if attention is paid to a
few details.
We return to the scene of the morning, and now follow the bicycle
rider to work. As she traverses the residential area, the
NARRATOR discusses how bicycles are vehicles, and fit much better
on the road than on a sidewalk. To emphasize the point, our
rider is forced onto a shared pedestrian/bike pathway, and
overtakes two pedestrians. Shouting "COMING THROUGH!!" the
bicyclist proceeds between the two, who are thrown down in
slapstick fashion.
When the bicyclist returns to the road, we follow him with a
STEADYCAM in a car on a busy highway, with no bike lane, where
speeds are 40+MPH and heavy traffic. We make the viewer feel the
discomfort of the cyclist. Then he turns onto an arterial with a
well designed bike lane. The viewer feels the safety of a well
designed bike path. The bicyclist stops at a corner meeting
area. Here he meets up with a girl friend, also on a bike. They
chat a second and head off to work together. The narrator
discusses the need for convenient, safe, covered parking as the
biker arrives at work, and parks inn such a facility. We discuss
the transportation qualities of a bike - 10-15 mph speeds,
aversion to grades, danger of gravel and glass, ability to use
short cuts. We cover the basics for bikes:
1) Easy to use and safe facilities
2) available parking
3) land uses that support the habit
4) importance of direct routes and
acceptable
grades.
As we conclude, the NARRATOR recaps the principles of
transportation, and how land use planning can help improve our
quality of life. We discover a new way to look at our cities,
through the eyes of the walker, bus rider, and biker. By
designing cities for choice, we will find ourselves making these
choices easier for our citizens, and for ourselves. Returning to
the predictions of the 21st century, we find that the vision of
the future city is not monorails, skyscrapers, and elevated
freeways, but village clusters, streets designed for walkers and
bikers, and light rail systems.
As the Narrator goes over the closing thoughts, we pan and see
that he is in our friend's downtown shop. He is cleaning up, and
closes and locks his shop. He steps outside, looks at his watch,
and waits for his wife at the bus stop.
As the bus arrives and she gets off, they kiss, and he says "How
was your day, hon?" She replies "It was real busy and hectic,
but I'm glad to be going home". She gives his arm a squeeze, and
they start to walk home, away from the camera, while we hear Nat
King Cole singing "Gee its great, after being out late, walking
my baby back home..." The credits roll as this song fills our
ears. The Camera stays booms up as the couple walks away arm in
arm, then pans back to show our couple walking home in a
beautiful pedestrian environment in an Oregon city.
THE END
Exhibit "E"
Work Program and Schedule for Production of a Video on "Land Use
and Transportation"
Date
7-15-92
8-3-92
8-10-92
8-17-92
8-21-92
8-24-92
9-14-92
9-15-92
10-15-92
10-30-92
Task
Completion of Contract Documents - Project begins
First Draft of Script Completed - Circulated
Comments on First Draft Due in Ashland
Final Draft submitted for approval to ODOT & DLCD
Approval of Script
Shooting Begins
Shooting Completed
Editing & Post Production Begins
Rough Cut completed, distributed for comments
Final Cut completed, sent to ODOT & DLCD.