Loading...
HomeMy WebLinkAbout1987-010 Hersey ReconstructionNElL GOLDSCHMIDT GOVERNOR Department of Transportation TRANSPORTATION BUILDING, SALEM, OREGON 97310 April 24, 1987 City of Ashland City Hal 1 Ashland, OR 97520 Attention: 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 reconstruction of Hersey Street (North Main- Water Street). We have retained a fully executed copy of this agreement for the Transportation Commission's files. azm Attachment Fran Neavoll COMMISSION SERVICES 731-0146 (5-85) Approved: EDM:bkb 3/13/87 OSHD Staff Misc. Contracts & Agreements No. 9114 LOCAL AGENCY AGREEMENT FEDERAL-AID URBAN 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, acting by and through its Elected Officials, hereinafter referred to as "Agency". 1. By the authority granted in ORS 366.770 and 366.775, the State may enter into cooperative agreements with the 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 con- tracting parties. Local matching shares of the project costs are based on the current working agreements with the Association of Oregon Counties and the League of Oregon Cities. This project will be financed at 88 percent Federal, with Agency and State each providing 6 percent match. 2. Under such authority, the State and the Agency plan and propose to reconstruct a 0.4 mile segment of Hersey Street (N. Main-Water Street) that will include a curbed section with two travel lanes, parking on south side and on street bike lanes on both sides, 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. The project shall be conducted as a part of the Federal-Aid Urban Program under Title 23, United States Code, and the Oregon Action Plan. 3. The Special and Standard Provisions attached hereto, marked Attachments I and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. 4. Agency shall adopt an ordinace or resolution authorizing its designated City Officials to enter into and execute this agreement, and the same shall be attached hereto and become a part hereof. 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 State Highway Engineer on February 23, 1987, under delegated authority from the Oregon Transportation Commission. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority is set forth in the Minutes of the Oregon Transportation Commission. All except SPECIAL PROVISIONS, approved as to legal sufficiency on September 1, 1983 by Jack L. Sollis, Chief Counsel. APPROVAL RECOMMENDED _/c~.~ Region Enginee~ STATE OF OREGON, by and through its Department of Transportation, Hi ghwa~~~ By S t~5~~er Date APPROVED AS TO C'i ty AttornL~~ CITY OF ASHLAND, by and through its Elected Officials City ~ ~:'~>~*~ City Recorder Date XJ~'~ ~ -2- lift lr "III I" RESOLUTION NO. 87-~'3~~' A RESOLUTION AUTHORIZING THE EXECUTION OF LOCAL AGENCY AGREEMENT NO. 9114 FOR RECONSTRUCTION OF HERSEY STREET UNDER F.A.U.S. PROGRAM. WHEREAS, the City of Ashland and State of oregon propose to recon- struct Hersey Street from N. Main Street to Water Street with curb, gutter and paving under the F.A.U.S. program; and WHEREAS, a cooperative agreement has been prepared authorizing the project and it is the desire of the City to enter into the agreement. NOW THEREFORE, BE IT RESOLVED BY the City of Ashland, Oregon, as follows: SECTION 1. respects. Local Agency Agreement 9114 is hereby approved in all SECTION 2. The Mayor and City Recorder are hereby authorized and directed to sign the agreement on behalf of the City, and the City Attorney to attest to its legal sufficiency. 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 L~/,L~c.~~ , 1987. Nan E. Franklin City Recorder SIGNED and APPROVED this day of [~{L~c_z~ , 1987. L.'Gordon Medarls' - Mayor I, Nan E. Franklin, being the duly elected City Recorder of the City of Ashland, certify this copy of Resolution No.'87~08 to be a true copy of the original, on fi.te in the office~f the City Recorder. Nan E. F~nklin City Recorder City of Ashland lPROPOSED ] PROJECT FAS A374 // FAU 3920 FAg I ATTACHMENT NO. 1 SPECIAL PROVISIONS 1. Agency shall, at their own expense, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations and hydraulic studies, identify and obtain all required permits, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. 2. Agency shall, at their own expense and upon award of a construction contract, furnish all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. The State shall obtain "Record Samples" at specified intervals for testing in the State Materials Laboratory in Salem. 3. Agency shall, in conformance with requirements of the Oregon Action Plan, appoint and direct the activities of a Citizen's Advisory Committee and Technical Advisory Committee, conduct any required public hearings and recommend the preferred alternative. 4. All work performed by State shall be Federal Aid participation. Misc. Contracts & Agreements No. 9114 Date: 3-13-87 IIII ~1 " III1" ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS: PROJECT ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, and the Agency hereby agrees that the State shall have full authority to carry out this administration. If requested by the Agency, the State will further act for the Agency in other matters pertaining to the project. The State and the Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. The State and the Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases for all projects. P.E. & CONSTRUCTION ENGINEERING 2. Preliminary and construction engineering may be performed by the State, the Agency or others. If the Agency, or others, perform the engi- neering, the State will monitor the work for conformance with FHWA rules and regulations. In the event that the Agency elects to engage the services of a consultant to perform any of the work covered by this agree- ment, the agency shall use selection procedures acceptable to the state and the FHWA. The Agency and consultant shall enter into an agreement de- scribing the work to be performed and the method of payment. The state shall concur in the agreement prior to the beginning of any work. No reimbursement shall be made using federal-aid funds for any costs incurred by such consultant prior to receiving authorization from the state to pro- ceed. On all construction projects where the State is the signatory party to the contract, and where the Agency is doing the construction engineering and project management, the Agency agrees to accept all responsibility for and defend lawsuits involving tort claims, contract claims, or any other lawsuit arising out of the contractor's work or the Agency's supervision of the project. REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT: 3. If as a condition of assistance the recipient has submitted and the U.S. Department of Transportation has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this affirmative action program is incorporated into this financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the U.S. Department of Transportation shall impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 23, Subpart E, which sanctions may .,, I~J. Il IlII pu~ ~u~m~La~d 's~uama~s Lg~UamUO~Aua LL~ aAoJdd~ Jo ssagoJd pue 'sJaq~o Jo £~ua6v aq~ £q pamJoJJad SL ~JO~ aq& j~ 'LL~qS algas S3IIIIII3V 133PO~d · slso3 [gu~j qons jo 3uama3~3s paz~ma~ ug ql~ £3ua6v aq3 qs~uJnj [LgqS a3g3S aq3 'pa~ndmo3 uaaq seq ~3a~oJd aq~ jo 3soo L~O~ Jo pua aql ~ a~p o~ slsoo L~n~o~ ~o ~uama~s paz~mal~ u~ q~ £~ua6v aql qs~uJnj pu~ spJo~aJ 6u~unooo~ ~soo a~Jn~ uL VBH3 aq~ o~ uo~l~d~o~J~d jo s~so~ aLq~sJnqm~aJ L[~ £~d 'aou~su~ ~sJ~j aq~ u~ 'L[~qs a~$ 'Z 33NVNI:i · e~gm~lsa ~so3 qons ¢o £do3 e q~ £3ua6v eq~ qs~uJn¢ LLeqS pue 'sJaqlo Jo £3ue6v aq~ 'a&etS aql £q pap~^oJd aq o~ sao~AJaS 6ULJaauF6ua £J~u~m~La,d Jo¢ lso3 ¢o atem~1sa aq~ az~mal~ LL~ qo~q~ £aAJnS Joj £i~Joq~nv u~ aJgdaJd LL~qS al~lS '9 A3A~S ~0~ 11I~0H18¥ 'U~Ld uo~oV uoSa~0 aq~ pu~ 'suo~l~Ln6aJ pu~ saLnJ VMHJ q~ a~u~m~ojuo~ u[ aq LL~qs ~o~ qans jo spJo~a~ pu~ ~o~ [LV -suo~s~^o~a le~oads aq~ u~ pau~l~no se aq iL~M 13a?oJd aq% ¢o saseqd sno~J~A aq~ Jo¢ £~L~q~suodsaJ JoVaN 'VMHJ aq~ moJ~ paA~aoa~ uaaq s~q paaooJd ol uo~l~z~Joqln~ uaq~ 6u~l~JM UL £~ua6v aql £j~lou LL~qs al~lS aq± 'sJaqlo Jo £3ua6v aq~ 'a~S aq~ £q pap~AoJd aq o~ Sa3~AJaS apnL3u~ LL~qs m~J6oJd aqi '03NIViSO N338 SVH 9VAO~ddV H3~S qIiN~ 03WIS30 SI NOIiVdlOIi~Vd OIV-qVW303J HDIHM NI AIIAIIDV ANV NO 03330Wd 9'IVHS )~OM ON 'l~a.['o,~d aq:~ ,~o& )t,~o~ uo.~:~gn,~suo~ pug sUO.L:~eOOLaJ £:~.LL.L:~n aLq.L6.LLa 'UO.L1.LS.Lnbge A'e~-Jo-lq6.~J '6u.~Jaau.L6Ua LLe UL UO.L:[ed.~O.L3, J~d p.Le-LeJapaj jo LeAoJdde ~o.~ lsanbaJ ~ q~.[~ VMHJ aql ol umJ6o,~d e 1.[mqns LLeqs a3, e3,$ -§ · UeLd uo.L~3V uo6aJO aq~ pue i(Z'O~I W~3 ~2) §-b-I WdH~ puc II'I ~J3 ~2 jo suo.Ls.~^o.~d :OZ6I Jo ~3V Sa.L3.L[Od UO.L~.LS.~nb3v £~.~adoJd [ea~ pue a3u~s.~ssv uo.~2e3o[a~ mJo~.~u~ aq~ jo £ pue 2 sa[~.[i :t~V £e~q6.[H p.Lv-[eJapa~ '3S~ '£2 aLl.~i :13V ~3~q~3.LN '3sn :ol pal .Lm.L L £[dmo3 LL.L~ 'I~V ~uam~sn?p~a~ ,su~JalaA ~3 m~u~a.[A aql pu~ ~Z6I ~o loV UO.LI~ -.L/.Lq~qa~ aql jO ~0§ uo.~oaS 6u.[pn[ou.~ 'suo.~Ln6a~ pu~ saln~ 's~] S~q6.L~ [.LA.~3 aLqe3.~Ldde LL~ LI3, LM A'Ldmo3 o~ saaJ6e Jaq3, Jnj 3, UaLd.LOaJ aql 'aou~s&ss~ uo~lJodsu~J± jo luam~J~da0 'S'Q aJn~nj u~lqo o~ lua~d~oaJ aq~ Jo £1~l~q~ aq3 13aJJ~ £~m ~ql saJns~a~ Jaq3o Jo ~ua~aaJ6~ aq~ ~o uo~u~m~a3 apnlou~ final plans, specifications and cost estimates. State shall, if they pre- pare these documents, offer the agency the opportunity to review and approve the documents prior to advertising for bids. State shall prepare contract and bidding documents, advertise for bid proposals, award all con- tracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide inter- mittent inspection services during the construction phase of the project. The actual cost of laboratory testing services provided by the State will be charged to the project construction engineering cost account number ex- penditure account and will be included in the total cost of the project. FREE BRIDGE DESIGN 9. State shall, as provided in ORS 366.155(k), prepare plans and specifications for the structure portion only of bridges and culverts at no expense to the counties. AGENCY OBLIGATIONS: FINANCE 10. The project applicant will, prior to the commencement of the pre- liminary engineering and right-of-way acquisition phases, deposit with state its estimated share of each phase. The applicant's share of construction will be deposited in two parts. The initial deposit will represent 65 percent of the applicant's share, based on the engineer's estimate, and will be requested three weeks prior to opening bids on the project. Upon award of the contract, the balance of the applicant's share will be requested. Collection of advance deposits amounting to less than $2,500 for the P.E. and R.O.W. phase of project will be postponed until collectively the amount exceeds $2,500 or until the collection of the advance deposit for construction is required. Pursuant to ORS 366.425, as amended by Chapter 365, Oregon Laws of 1979, the advance deposit may be in the form of 1) check or warrant; 2) irrevocable letter of credit issued by a local bank in the name of State; and 3) deposit in the Local Government Investment Pool accompanied by an irrevocable limited power of attorney. 11. Agency shall present properly certified bills for 100 percent of actual costs incurred by the Agency on behalf of the project directly to the State Liaison Person for review and approval. Such bills shall be in a form acceptable to the State and documented in such a manner as to be easily verified. Billings shall be presented for periods of not less than one month duration, based on actual expenses to date. All billings re- ceived from the Agency must be approved by the State Liaison Person prior to presentation to Highway Division Accounting for payment. The Agency's actual costs eligible for federal-aid participation shall be those allowable under the provisions of 23 CFR 1.11 and FHPM 1-4-5 (23 CFR :,, IIII Il aq~ 6u~maojaad s~ a~e~S aql j~ 'pue a~e~S aq~ jo uo~3~ps~Jn? u~q~ 6U~£L seaae ut s~uam~sn?pe £~[~n aoj a6ue~e [[~ a~ehS aq± 'saaq~o ao '£3uafv aql jo asuadxa aLos aq~ ~e aq LLeqS suo~heOOLaa £~L~n daqlo LLe -~aed pue s~soo loa?oad Lr~Oh aq~ u~ papnL~u~ aq [Leqs 'I uo~l~asqns '£ uo~oaS '9 aaldeq3 '9 amnLOA '[enueN med6Odd £~mq6~H p~V-LeaapaJ dapun uo~lrd~o~ldrd p~r-Ledapaj aoj a[q~6~La aaa qo~qm suo~eOOLaa asoq~ £LuO '~oa?oad aq~ jo s~uamaa~nbaa alem~Ln pue SueLd aql sa~L~Oej pue sa~L~n p~s ~ao~uoo o~ dapdo U~ £dessaoau SL qons aaaq~ sa~l~L~O~J aaq~o qons pue sad~d 'su~em 'se[od 'saul[ 'sl~np S3Illlll~ · paJ~nbaa aq £e~ an[e^ laxaem a~ej aql jo aJ~qs aleuo~%aodoad paJ~nbaa aqh jo ah~hS aqh oh huamasanqm~a~ 'uo~l~sod -s~p ~o amah aq~ ~e hoa~¢a UL aa~ qo~q~ suo~eLn6aa pue saLn~ aLqeO~Ldde o~ %oaJqns aq [[eMs £%aadoad 4ons jo uo~sods~p a41 'sasodJnd 3~[qnd aa4%o ao £e~-jo-lqB~a aoj papaau aaBuo[ ou SL uo~ed~3~d p~e-Leaapaj q~ paseq3 -and £1Jadoad Iaaa £ue JI 'luamaaaBV sao~AaaS £~M-¢o-~q6~ e Jo uo~%n3 -axe o~ loa?qns 'suo~lounj uo~h~s[nboe aq1 M;o~ad o~ alelS aq~ Isanbaa £em £3ua§¥ aq± 'suo~h~LnBa~ pue s~eL aLqeo~[dde qh~M a3Ue~Ldmoo aJnsse oh £ouaBv aq% £q u~ paBebua sa~%~A~e £~-jo-~qB~a [Le ~aLAaa LLeqS e~e~S £aessaoau aqh ¢o uo~s~nboe aoj aLq~suodsa~ aq LLeqs £3uaBv '§~ ~ X¥~ ~0 IHgIU · luamaaaBe s~ql jo smJal aql aapun £oua6v aql o% pasanqs~p spunj p~V-Leaapaj jo smns ao mns aq~ jo ~uamasanqm~aa lsanbaa £~m a~e~$ aql 'pa~noaxa s~ ~uamaa~6e s~q~ qo~q~ UL aea£ LeOS~j aqh 6u~o[[oj ~V3A lV35I~ HZ~IJ aqh jo aso[3 aql £q pa~ae~s lou s~ ua~el -Japun s~ fiu~aaau~6ua £aeULm~[aad s~q~ qo~q~ aoj £~L~Oej aq~ jo uo~ona2s -uo~ [en~oe ao 'aoj uo~s~nb~e £e~-jo-~qB~a leq~ ~ua^a a4~ uI '~I 31VQ 9NII~VI~ 03XV13O · ~oa?oad a4~ jo uo a3e%S aql £q paaJn3u~ uaaq aAeq ~eql s~so3 £ue Joj a%~hS aq2 asanqm~aa [L~qS £oua6v aql 'uo~a[dmoo s~ o~ ao~Jd uoseaa £ue Joj pa~u~mual ~o pa[[aoueo aq o% ~oa¢oJd aq1 asne3 £aqh pLnoqs ~eq~ saaJBe £ouaBv NOIIVl133NVO IO3~OBd · ~sanbaa uodn aLqeL~eAe apem eq LLeqS s~unoooe pue spaooaa q3ns ~o sa[do3 '%uam£ed LeU~J jo ahep sa^~uasaadaa £q uo~adsu~ aoj aLqeL~eAe ~da~ aq o~ aae ~uamaaafe s~q~ £q paaaAo3 ~ao~ aq2 o~ 6u[u~elaad s~unoooe pue spaooaa hsoo aqZ -u[ slso3 leql alep ~oaj sq~uom S u~q~ alelS ol pal~mqns aq [[eqs (~uaa -Xed ssaa6oad) 6U~L[~q Le~aed 'paaJnouL aaa~ slsoo ~e41 a~ep mo~j sq~uom 9 u~q~ 6u[ssa3oad aoj abels ol palh~mqns aq [LAMS sfU~LL~q [eu~j -(Z°O~i preliminary engineering, the Agency may request the State to arrange for utility adjustments lying within Agency jurisdiction, acting on behalf of the Agency. Agency shall, five weeks prior to the opening of construction bid proposals, furnish the State with an estimate of cost for eligible reim- burseable utility relocations, based on the plans for the project. The Agency shall notify the State Liaison Person prior to proceeding with any utility relocation work in order that the work may be properly coordinated into the project and receive the proper authorization. CONSTRUCTION 17. Construction plans shall be in conformance with standard practices of the State for plans prepared by its own staff, and shall be developed in accordance with the design standards published by AASHTO which pertain to the type of facility proposed. The latest design standards adopted by AASHTO shall govern the design of highway bridges and related structures. All specifications for the project shall be in substantial compliance with the most current Oregon Standard Specifications for Hi~hwas Construction. GRADE CHANGE LIABILITY 18. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by the State shall not subject the State to liability under ORS 105.760 for change of grade. CONTRACTOR CLAIMS 19. Agency shall provide legal defense against all claims brought by the contractor, or others, resulting from the Agency's failure to comply with the terms of this agreement. I¥1AINTENANCE RESPONSIBILITIES * 20. Agency shall, upon completion of construction, thereafter maintain and operate the project at its own cost and expense, and in a manner satisfactory to the State and the FHWA. * Paragraphs 15, 16, and 20 are not applicable to any local agency on State highway projects. Revised: 10/28/86 EDM:pf Im II Inl ":