HomeMy WebLinkAbout2002-065 Investment Agrmt - ODOT - No 19489June12, 2002 Misc. Contracts & Agreements
No. 19489
2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT
SISKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET
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 "ODOT"; and the City of Ashland, acting by and through its City Council,
hereinafter referred to as "Agency".
RECITALS
1 The 2001 Oregon Transportation Investment Act Program, hereinafter referred to as
the "2001 OTIA Program", provides funding for preservation and modernization
projects chosen by the Oregon Transportation Commission.
2 The Oregon Transportation Commission selected the projects to be funded
under the 2001 OTIA Program at its January 16, 2002 meeting. This
selection included Agency's project Siskiyou Blvd. at Lithia Way and East
Main Street, as described in Exhibit A.
3 By the authority granted in ORS 190.110, 366.770 and 366.775, state agencies may
enter into cooperative agreements with counties, cities, and 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.
4 By the authority granted in ORS 810.210, ODOT is authorized to determine the
character or type of traffic control devices to be used, and to be placed or erected
upon state highway at places where ODOT 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 authority other than ODOT, except with
it's written approval. Traffic signal work on this Project will conform to the current
ODOT standards and specifications.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
Agreement No. 19489
City of Ashland
TERMS OF AGREEMENT
1. Agency shall make roadway modernization improvements on Siskiyou Blvd. at Lithia
Way and East Main Street, hereinafter referred to as "Project". A Project description,
budget, and sketch map showing the location and approximate limits of the Project
is shown on Exhibit "A", attached hereto and by this reference made a part hereof.
2. The total estimated cost of the Project is $750,000. The budget is shown on Exhibit
«A„
3. 2001 OTIA Program funds shall be limited to $500,000. Agency shall be responsible
for all costs in excess of the 2001 OTIA Program funded amount for this Project.
4. This agreement shall become effective on the date all required signatures are
obtained and shall be completed according to the schedule outlined in Paragraph 4,
Agency Obligations. Only work begun after the effective date of this agreement is
eligible for reimbursement with OTIA funds.
5. The funds available under the 2001 OTIA Program are State Highway Funds. To be
eligible for reimbursement under the 2001 OTIA Program, expenditures must
comply with the requirements of Article IX, Section 3a of the Oregon Constitution.
6. Agency and ODOT have -a joint obligation to ensure timely expenditure of 2001
OTIA Program monies and comply with the provisions of the bonds that finance the
2001 OTIA Program.
AGENCY OBLIGATIONS
Agency, or its consultant, shall conduct the necessary engineering and design work
required to produce final plans, specifications and cost estimates; obtain all right-of-
way, if any, required for Project in compliance with ORS 281.060; obtain all required
permits; arrange for all utility relocations or reconstruction, if any, required for
Project in compliance with the standards in Agency Obligations, Paragraph 13;
perform all construction engineering, including all required materials testing and
quality documentation; prepare all bid documents; advertise and award all contracts;
provide Project management services; and other necessary functions for
administration of the contract.
2. The Project shall be developed in conformance with ODOT's standards.
3. Traffic signal maintenance and power responsibilities are addressed in Signal
Maintenance Agreement No. 19017.
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Agreement No. 19489
City of Ashland
4. Agency shall provide ODOT with sufficient information to complete a project
prospectus so that ODOT can track Project using ODOT's automated management
system.
5. a. Agency shall submit documentation to ODOT's Project Liaison that shows that
Agency has met Project key milestones. The Project key milestones, dates, and
required documentation are shown below:
Environmental: July 30, 2002
Documentation: Letter from Agency documenting that the milestone has been
met.
Right of Way Acquisition: September 30, 2002
Guidelines: It is agreed that Agency will strictly follow the rules, policies and
procedures of the "Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970" as amended, ORS 281.060, ORS 35.345, and the State of
Oregon Right of Way Manual.
Documentation: Letter from Agency's legal counsel certifying that 1) right of way
acquisition work has been completed in. accordance with these guidelines and 2)
the right-of-way needed for the Project has been obtained.
Land Use Permits: July 30, 2002
Documentation: Letter from Agency indicating that all Land Use Permits
required for final design have been obtained.
Final Plans / Biddable Engineering Documents: July 30, 2002
Documentation: A copy of completed Project plans, specifications and cost
estimates.
Contract Advertisement and Award: August 25, 2002
Documentation: A copy of the Award of Contract submitted to the Bureau of
Labor and Industries.
Construction Completion: December 30, 2003
Documentation: A letter from Agency indicating that construction is substantially
complete.
Project Completion: January 30, 2004
Documentation: Letter from Agency indicating that the Project is complete and
open to traffic, accompanied by Agency's final billing to ODOT.
b. If the Agency does not meet a Project milestone date within one month of the
date specified in Agency Obligations, Paragraph 4.a, reimbursement of Agency's
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Agreement No. 19489
City of Ashland
Project expense shall be changed to one-half of the rate specified in ODOT's
Obligation's, Paragraph 1, until such time as the Project has completed the
milestone and Project is back on schedule.
c. Immediately upon missing a milestone date, Agency and ODOT shall establish a
project review team including Agency's Project Liaison and ODOT's Project
Liaison, at a minimum, and may include such other members as are deemed
necessary. The project review team shall determine (a) if failure to complete the
milestone in question will jeopardize successful completion of Project, (b) what
steps must be taken by Agency to ensure successful completion of Project, and
(c) revise the Project schedule, if changes are required.
d. In the event that the Project schedule itemized in Agency Obligations 4.a. is
revised pursuant to Agency Obligation 4.c, the Agency's Project Liaison and
ODOT's Project Liaison shall reduce the revision to writing. The Agency's
Project Liaison and ODOT's Project Liaison shall incorporate the revised
schedule into the intergovernmental agreement by entering into a formal
amendment to this agreement.
e. When the Project is back on schedule according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal
amendment, Agency shall receive any funds withheld by ODOT under the
provisions of Paragraph 1.b. of ODOT's Obligations.
6. Agency shall present invoices for the eligible, actual costs incurred by Agency on
behalf of the Project directly to ODOT's Project Liaison for review and approval.
Such invoices shall be submitted in the form as shown on Exhibit "C", OTIA
Progress Billing, attached hereto and by this reference made a part hereof. Invoices
will identify the Project and agreement number, and shall itemize and explain all
expenses for which reimbursement is claimed. Invoices shall be presented for
periods of not greater than one month, based on actual expenses incurred, and
must clearly specify the percentage of completion of the Project.
7. Agency shall submit a billing at the time Agency documents that Construction
Completion, as set out in Agency Obligations, Paragraph 4, is complete. The billing
will indicate total Project costs incurred to date, whether there are unresolved
claims, and the anticipated timeline for resolving claims and closing the Project.
8. Agency shall be responsible for any and all costs of Project which are not covered
by OTIA funds, including costs of the Project when the maximum amount of OTIA
funds obligated under this Agreement have been expended.
9. Agency 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.
10. Agency shall perform the service under this agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
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Agreement No. 19459
City of Ashland
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.
11. Agency, 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, unless such employers are exempt under
ORS 656.126. Agency shall ensure that each of its contractors complies with these
requirements.
12. Agency will maintain the improvements made as a result of the Project at the same
level as other similar facilities owned by Agency.
13. Agency agrees that the Project will be on the public right-of-way and will serve
general transportation needs.
14. Utility relocation or reconstruction may or may not be an eligible Project expense
according to the following standard:
a. The expense is an eligible expense if the owner of the utility facility
possesses a property right for its location on the public right of way.
b. The expense is not an eligible expense if the owner of the utility facility
does not possess a property right for its location, but the facility exists on
the public right of way solely under the permission of the Agency or other
road authority, whether that permission is expressed or implied, and
whether written or oral.
15. 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. Agency further
agrees that they will only submit invoices to ODOT for reimbursement on work that
has been performed and paid for by Agency.
16. Agency shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, and the Oregon Department
of Transportation and its officers and employees, from all claims, suits or actions of
any nature arising out of activities of Agency, its consultant, its contractor, its
officers, subcontractors, agents, or employees under this agreement.
17. Agency's Project Liaison for this agreement is Paula Brown 20 East Main St.,
Ashland OR 97520, (541) 488-5587 . Agency's Project Liaison is granted the
authority to enter into and execute formal amendments to this agreement when
revisions to the Project schedule are deemed necessary by the project review team.
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Agreement No. 19489
City of Ashland
18. Agency shall place signs that identify Project as "Another Project Funded by 2001
Oregon Transportation Investment Act" (ODOT approved design). Agency may
affix additional signage that identifies local funds used for the Project.
19. Agency agrees that it will call attention to the Project and help make it visible to the
public.
20.Agency agrees to provide progress information and photographs in a suitable format
for posting on the OTIA web site maintained by ODOT and to provide appropriate
links from Agency's web sites to the OTIA web site.
21.Agency agrees to comply with the conditions for Project approval adopted by the
Oregon Transportation Commission, as set out in Exhibit "B", Special Conditions,
which is attached and made part of this Agreement.
ODOT OBLIGATIONS
1.
a. ODOT shall reimburse Agency 100% of eligible, actual construction costs,
and all associated construction costs incurred up to the maximum amount of
OTIA funds committed for the Project specified in Terms of Agreement,
Paragraph 3, provided that Agency is meeting the Project milestones set out
in Agency Obligations, Paragraph 4. a. Under no conditions shall ODOT's
total obligation exceed $500,000 including all expenses.
b. In the event that Agency has not met a Project milestone, ODOT shall
change its rate of reimbursement to Agency to be one-half of the rate
specified in Paragraph 1.a. until such time as Project is back on schedule.
c. When the Project is back on schedule, according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal
amendment per Agency Obligations 4.d., ODOT shall pay Agency any funds
withheld by ODOT under the provisions of Paragraph 1.b. of ODOT's
Obligations.
d. ODOT agrees to comply with the provisions of ORS 293.462 with regard to
timely payment.
2. ODOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
ODOT's current appropriation or limitation of current biennial budget.
3. ODOT's Project Liaison for this agreement is Ken Norton, 3500 Stewart Parkway,
Roseburg, OR 97470, (541) 957-3510. ODOT's Liaison shall:
a. Receive any notices provided by Agency under this agreement.
b. Review and process for payment all eligible, actual Project costs incurred
within 30 days of the date of receipt of Agency's invoices by ODOT.
C. Advise Agency at Agency's request on matters affecting the Project.
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Agreement No. 19489
City of Ashland
d. ODOT's Project Liaison is granted the authority to enter into and execute
formal amendments to this agreement when revisions to the Project
schedule are deemed necessary by the project review team.
4. ODOT shall review the documentation provided by Agency to ensure that the
Project undertaken by Agency is the Project approved by the Oregon Transportation
Commission at its January 16, 2002 meeting.
5. As a Project expense, ODOT shall conduct all traffic signal equipment testing, turn-
on, timing costs, plan review, construction engineering, inspection services and
maintenance for signal.
6. ODOT shall, on a monthly basis, invoice City for all costs necessary to operate and
maintain traffic signal.
7. ODOT shall not be required to approve Agency's selection of contractors, right-of-
way purchase, or engineering design documents, except as the Project design
affects the state highway system or as required by the conditions of approval
adopted by the Oregon Transportation Commission.
8. ODOT shall maintain a web site for the 2001 OTIA Program listing Project status
and accomplishment information for Agency's Project.
GENERAL PROVISIONS
1. This agreement may be terminated by mutual consent of both parties.
2. ODOT may terminate this agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by ODOT, under any of the
following conditions:
a. If Agency fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
b. If Agency 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.
c. If ODOT fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the 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 prohibited or if ODOT is
prohibited from paying for such work from the planned funding source.
If ODOT terminates this agreement for the reasons described in General Provisions,
Paragraph 2., "a" or "b" above, Agency must reimburse ODOT for all Oregon
Transportation Investment Act funds expended. If Agency fails to reimburse ODOT,
Key No. 12382 7
Agreement No. 19489
City of Ashland
ODOT may withhold Agency's proportional share of State Highway Fund distribution
necessary to reimburse ODOT for costs incurred by such Agency breach.
Any termination of this agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
3. Agency acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, and their duly authorized representatives shall have access to the
books, documents, papers, and records of Agency which are directly pertinent to the
specific agreement for the purpose of making audit, examination, excerpts, and
transcripts during the course of the Project and 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 ODOT.
4. 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 either party to enforce any provision of this agreement shall not constitute a
waiver by that party 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 January 16, 2002.
The Oregon Transportation Commission on January 16, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
The Director on January 31, 2002, approved Subdelegation Order No. 2, which grants
authority to the Deputy Director for the Oregon Transportation Investment Act to
approve and execute agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, in the Oregon
Transportation Investment Act project list, or in the approved biennial budget.
Key No. 12382 8
Agreement No. 19489
City of Ashland
APPROVAL RECOMMENDED
Region 3Manager
Date " -
APPROVED AS TO LEGAL
SUFFICIENCY
Y
Assistant Attorney General
Date 1/Z /fGZ
APPROVED AS TO LEGAL
SUFFICIENCY
By
Agency Attorney
Date `7 i( 0
STATE OF OREGON, by and through
Its Department of Transportation
By
De Director for Oregon T nsportation
Inv ent Act
Date 7- 7-7- d'L,
CITY OF ASHLAND, by and through
its City Council
BY.
Agenc ' Authorized Repre ntative
By ae6??
Agency's Authorized Representative
Date 7-17-0-2-
RETURN AGREEMENT TO AGENCY:
Contact: City of Ashland
20 East Main Street
Ashland OR 97520
Key No. 12382 9
Agreement No. 19489
City of Ashland
EXHIBIT A
CITY OF ASHLAND
SISKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET
Project will consist of street and sidewalk geometry improvements, and the installation
of a multi-phase signal for this non-typical intersection. Improvements will enhance
safety and improve the level of service for vehicles and pedestrians. Project will result
in a geometry and standard that will allow the city to assume ownership of this segment
of the state highway upon completion of the project.
Project Cost Estimate
Preliminary engineering
& design $
Right-of-way purchase $ 5000
Construction $745,000
Total $750,000
Project Financing
Agency Contribution $250,000 33%
`See Note Below
OTIA $500,000 67%
Total $750,000 100%
Exhibit A, Project Map is attached.
*This Project will be financed by first using Oregon Transportation Investment Act
(OTIA) Funding, this includes right-of-way. The City of Ashland will provide the
additional funds for right-of way and to complete the Project in addition to that provided
by OTIA. Initial estimates are that the City's contribution has a value of $250.000.
EXHIBIT B
CITY OF ASHLAND
SISKIYOU BLVD @ LITHIA WAY & EAST MAIN STREET
SPECIAL CONDITIONS
The Oregon Transportation Commission approved Projects for funding under
OTIA subject to certain conditions:
The City of Ashland shall agree to accept jurisdiction of Rogue Valley Highway No. 63
(Lithia Way) from Engineer's Station 19.46 to Engineer's Station 19.52 AND Rogue
Valley Highway No. 63 (East Main) from Engineer's Station 19.46 to Engineer's Station
19.52. Reference Abandonment & Retention Agreement No. 725.
Key No. 12382 10
Agreement No. 19489
City of Ashland
EXHIBIT C
Oregon Transportation Investment Act (OTIA)
Progress Billing
(form)
Agency: CITY OF ASHLAND
Project: SISKIYOU BLVD @ LITHIA WAY & EAST MAIN STREET
Agreement No: 19489
Billing Period: to
Costs Amount Percent
Incurred Costs Total Claimed Complete
This Billed Total Cost Participation Amount Prior Total This This
Period Previous) To Date Rate Claimed Claimed Period Phase
Planning
Engineering
Design
Right of Way
Construction
Total
Submission of this request certifies that, in accordance with the laws of the State of Oregon and
under the conditions of approval for the project identified above, actual costs claimed have
been incurred and are eligible pursuant to the Intergovernmental Agreement between Agency
and the Oregon Department of Transportation. Also, no other claims have been presented to,
or payment made by, the State of Oregon for those costs claimed for reimbursement.
Agency Project Liaison
Date
(for ODOT use)
I have reviewed the above project and related costs and, in my opinion, subject to audit,
the costs reflect the progress to date and are eligible for reimbursement in the amount
of $
ODOT Project Liaison
Date
Key No. 12382 11
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