HomeMy WebLinkAbout2021-067 IGA ODT & COA • •
• Misc. Contracts and Agreements
No. 73000-00002966
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• INTERGOVERNMENTAL AGREEMENT
Ashland ADA Improvements
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 the City of Ashland, 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. Pacific Hwy., No. 1 (1-5) and Rogue Valley Hwy., No. 63 (OR 99), are a part of the •
state highway system under the jurisdiction and control of the Oregon Transportation .
Commission (OTC), Jackson Rd., Sheridan St., Coolidge St. (Glenn St), Nursery St., •
Wimer St. (Hersey St.), Van Ness Ave., First St., Harmony Ln., Hillview Dr., Normal.
Ave,, Beswick Way, Park St., Terra Ave. (Faith Ave.),,- Glendale Ave., Mary Jane
, Ave., Clay St., Blackberry Ln., Manzanita St. (Skidmore St.), Central Ave., 'Bush St.,
Church St., Granite St., N Main St. (Water St.), Oak St., Bellview Ave., Tolman Creek
Rd., .E. Jefferson Ave, and Jefferson Ave. are a part of the city street system under
the jurisdiction and control of city.
2. 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. `
3. State, by ORS. 366.220 is vested with complete jurisdiction and control over the
• roadways of other jurisdictions taken for state highway purposes. By the authority
granted by ORS 373,020,,the jurisdiction extends from curb to curb, or, if there is no
regular established curb, then control extends over such portion of the right of way as
• • 'may be utilized by State for highway purposes. Responsibility forand'jurisdiction over
all other portions of a city street remains with the Agency.
4. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
5. By the authority granted in ORS 810.210, State is authorized to-determine the
•character or type of traffic control devices to be used,and to place or erect them upon
state highways at places where State deems necessary for the safe and expeditious.
control of traffic.. No traffic control devices shall be erected, maintained, or operated
upon any state highway by any authorityother than State, except with its written
approval. Traffic signal work on this Project will conform to the current:State
standards and specifications.
6. By the authority granted in ORS 366.425, State may accept deposits of money or an•
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State. •
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Agreement No. 73000-00002966
When said money or letter of credit is-deposited, State shall proceed with the Project.
Money so deposited shall be disbursed for the purpose for which it was deposited. •
7. In order for State to ensure that curb ramps along the state highway system in Region
3 are in compliance with the current standards of Section.504 of the Rehabilitation
`Act on 1973 and the Americans with Disabilities Act of 1990 as amended (together,
"ADA"); State intends to enter into agreements with cities throughout Region 3 that
have been identified in •the 2021-2024 Statewide Transportation Improvement
Program(STIP) as needing curb ramp improvements to bring curb ramps on or along
state highways in those cities into compliance with current ADA standards. This
Agreement identifies Parties' respective responsibilities.
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 Agency agree that State shall design and construct•
ADA-compliant curb ramp improvements for the City of Ashland in the locations
• identified below:
• • OR 99 MP 17.8 @ Jackson Rd.
• . OR 99 MP 18.21 @ Sheridan St. •
• OR 99 MP 18.52 @ Coolidge St. (Glenn St.) .
• OR 99 MP 18.6 @ Nursery St.
• OR 99 MP 18.65 @ Wimer St. (Hersey St.) •
• OR 99 MP 18.69 @ Van Ness Aver
• OR 99 MP 18.79 @ Manzanita St. (Skidmorre St.)
•. OR 99 MP 18.84.@ Central Ave.
• OR 99 MP 18.93 @ Bush.St.
• OR 99 MP NB & SB 19.05 @ Church St.
• OR 99 MP 19.08 @ Granite St..
• OR 99 MP 19.11 @ N Main St. (Water St.)
• OR 99 MP NB & SB 19.17 & 19.19 @ Oak St.
•` OR 99 MP NB & SB 19.32 & 19.46@ First St. •
• OR 99 MP 21.01 @ Harmony Ln.
• . OR-99 MP 21.11 @ Hillview Dr, .
• OR 99 MP 21.16 @ Normal Ave. .
• • • OR 99 MP 21.18 @ Beswick Way
• OR 99 MP 21.27 & 21.28 @ Park St. • •
• • OR 99 MP 21.35 @ Terra Ave, (Faith Ave.)
• OR 99 MP 21.45 @ Glendale Ave. •
• .OR 99 MP 21.48 @ Mary Jane Ave. .
• OR 99 MP 21.57 @ Clay St. •
• OR 99 MP 21.64 @ Blackberry Ln. .
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• OR 99 MP 21.76 @ Bel!view Ave. •
• OR 99 MP 21.87 @ Tolman Creek Rd. _ .
• 1-5 MP 13.86 @ E Jefferson Ave.
• 1-5 MP 14.15 @ Jefferson Ave.
These improvements shall consist of ADA-compliant curb ramp rehabilitation,
• replacement, or construction as needed; improvements to Agency-owned utilities,
artwork, Irrigation and landscape on Agency right of way; and construction of a
pedestrian island and RRFB pedestals with flashers at Van Ness and OR9
intersection ("Project"). The location of the Project is approximately as shown on the
sketch maps attached hereto, marked A, and by this reference made a part hereof.
2: The Project will be financed with state and federal funds available to the State as
identified in the 2021-2024 STIP. The State shall be responsible for all costs for the
Project except for Agency-owned utilities, artwork, irrigation and .landscape on
Agency-owned right of way and the 'pedestrian island and RRFB pedestals with •
flashers at Van Ness and OR99 intersection. Agency shall be responsible for the
costs of the pedestrian island and RRFB pedestals with flashers at Van Ness and
OR99 intersection. The estimated Agency cost for the pedestrian island and RRFB
pedestals with flashers is $95,000. The Agency estimate for the pedestrian island and
RRFB pedestals and flashers costs is subject, to change. .Agency shall be
responsible for the cost of Agency-owned. utilities, Artwork, irrigation and landscape
on State right of way. State shall be responsible for all cost overruns, and. any
nonparticipating costs. .
3. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate upon completion of the Project and final payment or ten •
(10) calendar years following the date all required signatures are obtained, whichever '
• is sooner. :
AGENCY OBLIGATIONS
1. Agency shall upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward to State an advance deposit or
irrevocable letter of credit in the amount of $95,000.00 for the pedestrian island and
RRFB pedestals with flashers at.Van Ness and OR99 intersection and the Agency-
owned utilities, artwork, irrigation and landscape 'portion of the Project. Agency
agrees to make additional deposits as needed upon request from State. Depending
upon the timing of portions of the Project to which the advance deposit contributes, it
• may be requested by State prior to Preliminary Engineering, purchase of right of way,
or approximately 4-6 weeks prior to Project bid.opening.
2. Upon completion of the Project and receipt from State of an itemized statement of the
actual total cost of State's participation for the Project, Agency shall pay any amount
which, when added to Agency's advance deposit, will equal 100 percent of actual
total State costs for the pedestrian island and RRFB pedestals with flashers and
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costs of Agency-owned utilities; Artwork, irrigation and landscape for the Project. Any •
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portion of said advance deposit which Is in excess of the State's total costs will be.
refunded or released to A• gency. l• .
3. Agency shall, at Its own expense, be responsible for all costs of Agency-owned.utility
conduits, lines, poles; mains, pipes, and all other such facilities of every kind and
. nature on. State right of way where such relocation or reconstruction is made
necessary forthe plans of this Project. .
4. Agency shall be responsible.for 100 percent of Agency-owned utilities on State right
of way as part of this Project. Agency shall require the utility company to send
Invoices directly to Agency: •
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5. Nothing in this Agreement changes the ownership. of Agency-owned sidewalks. The
Agency shall maintain any.facilities constructed or improved on.Agency right of way
as a part of'thls Project.
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• 6. Agency, by execution of Agreement, gives its consent as required by ORS 373.050(1)
to any and all closure of streets that intersect the state highway, if any there,be in •
connection with or arising out of the Project covered by the Agreement.
7. Agency, by execution of Agreement, gives its consent as required by ORS 373.030(2)
and ORS 105.760 to any and all changes of grade within the Agency limits, If any
• there be in connection with or arising out of the Project covered by the Agreement.
8. Agency grants State the right to enter onto Agency rightof way for the performance of
duties as serforth In this Agreement. . .
9, 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 direction or approval of its governing body, commission, board, officers, members
or representatives, and to legally bind Agency. '
10.Agency certifies, at the time this Agreement is executed, that.sufficient funds are •
available and authorized for expenditure to finance costs of this Agreement within
Agency's current appropriation or limitation of the current budget. .
11.Upon completion of this Project,.Agency shall, at its own expense, be responsible for
maintaining,improvements constructed as part of this Project, and all other existing
features to include but not limited to all'surface, sub-surface features such as storm
" water systems, curbs, gutters, sidewalks, easements, fences, sanitary sewer, water
lines, and all other features that are within Agency right Of way. In instances where
• City Ordinances requires property owners to maintain sidewalks; curbs and gutters
along frontages that adjoin their.property, those ordinances shall not relieve Agency
of its obligations under this Agreement. This provision shall survive•termination-of this
Agreement.
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12.Americans with Disabilities Act Compliance: •
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a. 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 toassess 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:•
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https://www.oregon.gov/ODOT/Engineering/Pages/Accessibilitv.aspx; and
b. 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: •
I. 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, •' .
• ill. 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 werein 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 '
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
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c. Maintenance obligations in this section shall survive termination of this
Agreement.
13.Agency's Project Manager for this Project is Scott Fleury, Public Works Director, 20
East Main, Ashland, OR 97520, 541-488-5587, scott.fleury@ashland.or:us, or
assigned designee uponindividual's absence. Agency shall notify the other Party in
writing of any contact information changes during the term of this Agreement.
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STATE OBLIGATIONS.
1. State shall design and construct, rehabilitate, or replace curb ramps as it deems
necessary to comply with current ADA standards, at thelocations identified in Terms
of Agreement, Paragraph 1 and construct a pedestrian island and RRFB pedestals
with flashers at Van Ness and OR99 intersection per Agency's request. State shall
• also establish lane reductions or detours ifit deems any are necessary for •
construction staging on this Project.
2. State shall be responsible for all costs associated with construction•and installation of
the Project except the pedestrian island and RRFB pedestals with flashers at Van
Ness and OR99 intersection and Agency-owned utilities, artwork, irrigation and
landscape on Agency-owned right of way.
3. State shall, upon execution of the agreement, forward to Agency a letter of request ••
for an advance deposit or irrevocable letter of credit in the amount of $95,000.00 for
payment of a pedestrian island and RRFB pedestals with flashers at Van Ness and
OR99 intersection. Requests for additional deposits shall .be accompanied by an
itemized statement of expenditures and an estimated cost to complete Project.
4, Upon completion of the Project, State shall either send to Agency a bill for the amount
which, when added to Agency's advance deposit, will equal 100 percent of the total
state costs for pedestrian island and RRFB pedestals with flashers and costs of
Agency-owned utilities, Artwork, irrigation and landscape for the Project or State will
refund to Agency any portion of said advance deposit which is in excess of the total
State costs for Project.
5. 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.
6. State, or its consultant, shall, conduct the necessary field surveys, environmental
studies, traffic investigations, preliminary engineering and design work required to
• produce and provide final plans, specifications and cost estimates for the highway
Project; identify and obtain all required permits; perform all construction engineering,
including all required materials testing and quality documentation; prepare all bid and
contract documents; advertise for construction bid proposals; award all contracts; pay
all contractor costs, provide technical inspection; project management services and
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other necessary functions for sole administration of the construction contractentered •
into for this Project.
7. State, or its consultant shall cause to be relocated or reconstructed, all privately or
publicly owned utility conduits, lines, poles, mains,'pipes, and all other such facilities
of every kind and nature where such relocation or,reconstruction is made necessary
by the plans of the Project In order to conform the utilities and other facilities with the
. plans and the .ultimate requirements for the portions of the Project which may
interfere with the ADA improvements.
8. State shall ensure compliance with the Cargo •Preference Act and implementing.
regulations (46 CFR Part 381) for use of United: States-flag ocean vessels
transporting materials or equipment .acquiredspecificallyfor the Project. Strict
compliance is required, including but not limited to the clauses in.46 CFR 381.7(a).
• and (b) which are incorporated by reference. State,shall also include this requirement
in all contracts and..ensure that contractors include the requirement in their
subcontracts.
9: State's`Project Manager.for this Project is Justin Shoemaker, Construction Project'•
Manager 2, . 100 Antelope Rd., White City, OR 97503, 541-774-6376,
Justin.d.shoemaker@odot.state.or.us, 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.`
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, underany of the
following conditions:
a. If Agency fails to perform any of the 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) daysor such longer period as •
State may.authorize. • '
b. If Agency fails to provide payment of its share of The cost of the Project. •
c.• If State fails to receive funding, appropriations, limitations or other
expenditureauthority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for .
performance of this Agreement.
d. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way,that either the work under this Agreement is
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prohibited or State is prohibitedfrom 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 Party Claim with counsel of its own choosing are conditions precedent to •
that Party's liability with respect to the Third Party Claim.
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5. With respect.to a Third Party Claim for which State is jointly liable with Agency. (or
wouldbe 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.
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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. 1f Agency fails to maintain facilities in accordance with the terms of this Agreement,
State, at its option, may maintain the facility and bill Agency, seek an injunction to
enforce the duties and obligations of.this Agreement or take any other action allowed
by law,
9. This Agreement may be executed in,several counterparts (facsimile or otherwise) all
of which when taken together shall constituteone agreement binding on all Parties,
notwithstanding that. all Parties are not signatories to thesame counterpart. Each
copy of this Agreement so executed shall constitute an original.' _
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10.This Agreement and attached exhibitsconstitute 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
representative's have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
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This Project is in the 2021-2024 StatewideTransportation Improvement Program (STIP),
(Key #22389) that was adopted by the Oregon Transportation Commission on July 16,
2020 (or subsequently by amendment to the STIP). •
SIGNATURE PAGE TO FOLLOW
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Agency/State •
Agreement No. 73000.00002966
CITY OF ASHLAND, by and through its STATE OF OREGON, by and through
• elected officials its Department of Transportation
By 9iL /Tz rC By L :dam
Region 3
..•..� Manager .
Date /9.--./L/—,,2( 'date l2/%0/
Y
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APPROVAL RECOMMENDED
Date Digitally signed by Art
By'rt Anderson Angt 7Il711)1t1.,34 :46
By 5W Area Manager -08'00'
Date Date •
LEGAL REVIEW APPROVAL. (If required APPROVED AS TO LEGAL
in A i 's process) • SUFFICIENCY
By
Jennifer O'Brian Vla E-mail
By V V V Assistant Attorney General .
Agency's - •unset . Date 11/4/2021
Date 12/14/2021 •
Agency Contact:
Scott Fleury
Public Works Director
20 East Main
Ashland, OR 97520 .
541-488-5587
Scott.fleury@ashland.or.us '
State Contact:
. Justin Shoemaker •
Construction Project Manager 2
100 Antelope Road
White City, OR 97503
541-774-6376 V
Justin.d.shoemaker@odot.state.or.us
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Agreement No, 73000-00002966
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