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HomeMy WebLinkAbout1989-025 ODOT Bikeway ProjectNElL GOLDSCHMIDT GOVERNOR Department of Transportation TRANSPORTATION BUILDING, SALEM, OREGON 97310 March 10, 1989 City of Ashland 20 East Main Ashland, OR 97520 Attn: Nan E. Franklin City Recorder In Reply Refer To File No.: AGR Attached for your records is a fully executed copy of an agreement for construction of the California Street-East City Limits Section of the East Main Street bikeway. State participation in the project shall be limited to $32,000 or 80 percent of the total cost, whichever is less. We have retained a fully executed copy of this agreement for the Transportation Commission's files. Fran Neavoll COMMISSION SERVICES Dr Attachment 731-0146 (1-87) APPROVED: LJW:pk 1-6-89 OSHD Staff Misc. Contracts & Agreements No. 9668 CONSTRUCTION-FINANCE AGREEMENT BIKEWAY PROJECT THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State", and the CITY OF ASHLAND, a municipal corporation of the State of Oregon, acting by and through its City officials, hereinafter referred to as "City". WI TNESSETH RECITALS 1. By the authority granted in ORS 366.514, not less than one percent of funds received from the State Highway Trust Fund will be expended by the State and the various counties and cities for the establishment of footpaths and bicycle trails. The establishment and maintenance of such footpaths and bicycle trails are for highway, road and street purposes. 2. By the authority granted in ORS 3~6.775, State and City may enter into agreements for the construction and maintenance of bicycle-pedestrain trails with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. Under such authority, State and City plan and propose to construct the California Street-East City Limits Section of the East Main Street bikeway, 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. 4. State and City have determined that actual total cost of the bikeway project, estimated to be $40,000, shall be shared approximately 80 percent by State and 20 percent by City. In no event shall the State participation exceed the total sum of $32,000 or 80 percent of the actual total cost, whichever is the lesser. NOW, THEREFORE, the premises being in general as stated in the fore- going RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State's Bicycle Program Manager shall review and concur in all plans and specifications prepared by the City, and shall process all billings submitted by the City. 2. State shall assign a liaison person from its appropriate Region Office to monitor progress of the project and to assure substantial compliance with the plans and specifications. The~ liaison person shall review and concur in the final construction and shall review and approve ,all billings submitted by the City. 3. Upon receipt of an acceptable copy of the construction plans and specifications and notification that the City is prepared to proceed with the work, the State shall deposit with the City the sum of $16,000, such amount being equal to 50 percent of the agreed maximum State share of the project costs. Said deposit shall not be made prior to July 1, 1989, Upon completion of the project and receipt from the City of an itemized state- ment of the actual total cost of the bikeway project, the State shall deposit with the City a final payment of $16,000, or the remainder of 80 percent of the actual total cost of the bikeway project, whichever is the lesser. In no event shall participation by the State exceed the total sum of $32,000. CITY OBLIGATIONS 1. City or its consultant shall conduct the necessary field surveys, prepare the plans and contract documents, advertise for bid proposals, award all contracts and supervise construction of the project. Actual construction of the bikeway project may be accomplished by City forces, by contract or by any combination of these methods, as City shall elect. .i 2. City shall submit two sets of plan~ 'and specifications to State's Bicycle Program Manager for State review and concurrence prior to any construction. The bikeway design shall be based on the American Association of State Highway and Transportation Officials Manual "Guide for Development of New Bicycle Facilities, 1981", as supplemented and adopted by the State. All signing and marking shall be in conformance with the Federal Highway Administration's "Manual on Uniform Traffic Control Devices" as supplemented and adopted by the State. 3. City shall by October 1, 1989, enter into a contract for con- struction of the project with a private contractor, or commence actual construction if the project is to be accomplished by the use of City forces. City shall complete construction of the project within one calendar year from initiation of contract or commencement of construction. 4. City shall notify the State Bicycle Program Manager, 200 Transportation Building, Salem, Oregon 97310, phone: 378-3432, prior to proceeding with construction of the project. -2- 5. City shall, upon completion of the project, submit to State's liaison person, an itemized statement of costs of the final actual total cost of the bikeway portion of the project. 6. City shall, upon completion of the project, thereafter maintain and operate the bikeway 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. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on December 20, 1988, as part of the F.Y. 1990 Bicycle Program. At that time the State Highway Engineer was authorized and directed to sign the necessary agreements for and on behalf of the Commission. This format approved as to legal sufficiency on December 30, 1988 by Cynthia A. Carter, Assistant Attorney General. APPROVA, RECO.MENDED --Y-~ Region Engineer Date t~ - / ~- - ~ '? STATE OF OREGON, by and through its Department of Transportation, Highway~i~-~i_'~o~ State Highway Engineer APPROVED AS TO City Attorney Date CITY OF ASHLAND, by and through its City Officials Mayor Recorder ~' Date -3- I I ~S F~P 15 CROWSON HILL : i"~,~,Ashland TI! iEXHIBIT A 1 RESOLUTION NO. A RESOLUTION AUTHORIZING TH'E MAYOR AND CITY RECORDER TO SIGN AN AGREEMENT WITH THE STATE OF OREGON( # 9668) ACCEPTING A BIKEWAY GRANT TO CONSTRUCT A BIKEWAY ON EAST MAIN STREET. WHEREAS, the City Council of the City of Ashland has applied for a grant to the State of Oregon to construct a bikeway on East Main Street between California Street and the'southerly City Limits and, WHEREAS, the State of Oregon has approved the grant and has submitted a contract to the City of Ashland for $32,000 to construct the East Main Street Bikeway, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: Section 1: The City Council does direct and authorize the Mayor and City Recorder to sign the attached Construction-Finance Agreement (# 9668) to accept the offer of $32,000 to be matched by $8,000 of local funds to construct a bikeway on East Main Street between California Street and the southerly City Limits. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of February 1989. Nan E. franklin City Recorder SIGNED and APPROVED this day of February, 1989. Catherine Golden Mayor