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Home My WebLink About2003-069 Agrmt AMND #1 -ODOT - No 19489Misc. Contracts and Agreements No. 19489-01 2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT SlSKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET AMENDMENT NO. 1 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", entered into an Agreement on August 28, 2002. Said agreement covers the roadway modernization improvements on Siskiyou Blvd. at Lithia Way and East Main Street, hereinafter referred to as "Project". It has now been determined by ODOT and Agency that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to: increase OTIA funding, as approved by the OTIA Steering Group (OSG). Paragraph 2 of RECITALS, Page 1, which reads: 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 Lithla Way and East Main Street, as described in Exhibit A. Shall be amended to read: 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 on Siskiyou Blvd. at Lithia Way and East Main Street, as described in Revised Exhibit A. Paragraph I of TERMS OF AGREEMENT, Page 2, which reads: 1. Agency shall make roadway modernization improvements on Siskiyou Blvd. at Uthia 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. Shall be amended to read: 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 Revised Exhibit "A", attached hereto and by this reference made a part hereof. Misc. Contracts and Agreements No. 19489-01 Paragraph 2 of TERMS OF AGREEMENT, Page 2, which reads: 2. The total estimated cost of the Project is $750,000. The budget is shown on Exhibit ~A~. Shall be amended to read: 2. The total estimated cost of the Project is $850,000. The budget is shown on Revised Exhibit "A". Paragraph 3 of TERMS OF AGREEMENT, Page 2, which reads: 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. Shall be amended to read: 3. 2001 OTIA Program funds shall be limited to $600,000. Agency shall be responsible for all costs in excess of the 2001 OTIA Program funded amount for this Project. Paragraph 4 of TERMS OF AGREEMENT, Page 2, which reads: 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. Shall be amended to read: 4. This agreement shall become effective on the date all required signatures are obtained and shall be completed according to the schedule outlined in Agency Obligations, Paragraph 5. a. Only work begun after the effective date of this agreement is eligible for reimbursement with OTIA funds. Paragraph 5. b. of AGENCY OBLIGATIONS, page 4, which reads: 5.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 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. Shall be amended to read: 5.b. If the Agency does not meet a Project milestone date within one month of the date specified in Agency Obligations, Paragraph 5.a, reimbursement of Agency's Project Misc. Contracts and Agreements No. 19489-01 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. Paragraph 5.d. of AGENCY OBLIGATIONS, Page 4, which reads: 5.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 Uaison and ODOT's Project Liaison shall incorporate the revised schedule into the intergovemmental agreement by entering into a formal amendment to this agreement. Shall be amended to read: 5.d. In the event that the Project schedule itemized in Agency Obligations 5.a. is revised pursuant to Agency Obligation 5.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. Paragraph 5.e. of AGENCY OBLIGATIONS, Page 4, which reads: 5. 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. Shall be amended to read: 5. e. When the Project is back on schedule according to the milestones set out in Agency Obligations 5.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. Paragraph 7 of AGENCY OBLIGATIONS, Page 4, which reads: 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 them are unresolved claims, and the anticipated timeline for resolving claims and closing the Project. Shall be amended to read: 7. Agency shall submit a billing at the time Agency documents that Construction Completion, as set out in Agency Obligations, Paragraph 5, is complete. The billing will Misc. Contracts and Agreements No. 19489-01 indicate total Project costs incurred to date, whether there are unresolved claims, and the anticipated timeline for resolving claims and closing the Project. Paragraph 11 of AGENCY OBLIGATIONS, Page 5, which reads: 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. Shall be amended to read: 11. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall ensure that each of its subcontractors complies with these requirements. Paragraph 1. a. of ODOT OBLIGATIONS, Page 6, which reads: 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. Shall be amended to read: 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 5. a. Under no conditions shall ODOT's total obligation exceed $600,000, including all expenses. Paragraph 1. c. of ODOT OBLIGATIONS, Page 6, which reads: 1.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. Misc. Contracts and Agreements No. 19489-01 Shall be amended to read: 1.c. When the Project is back on schedule, according to the milestones set out in Agency Obligations 5.a., including a revised schedule adopted by formal amendment per Agency Obligations 5.d., ODOT shall pay Agency any funds withheld by ODOT under the provisions of Paragraph 1 .b. of ODOT's Obligations. IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of the day and year hereinafter written. The Oregon Transportation Commission on February 13, 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. Signature Page to Follow Misc. Contracts and Agreements No. 19489-01 REVISED- 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 Construction Total $ 5OO0 $845,000 $85o,ooo Project Financing Agency Contribution $250,000 29% *See Note Below OTIA $600,000 71% Total $850r000 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. Misc. Contracts and Agreements No. 19489-01 On September 6, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director grants authority to the Region Managers for their respective Branch or Region, to approve and execute agreements up to $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in a line item in the approved biennial budget. CITY OF ASHLAND, by and through STATE OF OREGON, BY AND its City Council Agency's A/uthodzed Representative Date ~/~ ~:~.~ THRQUGH ITS DEPARTMENT OF TRAN~OR~T,I~ B.~ /~. Executi/~ --D~puty Director ! f(~r Highwd, y~ Date, Agency's Authorize-d 'Representative Date: ~/~/ Reg~'b/n 3 ~anager Date APPROVED AS TO LEGAL SUFFJC~iENCY Assistant Attorney General By , /)~, -- Technical Servic(~s Manager/Chief Engineer Date Agency A~ome~ Date Date % ~-0~ . . RETURN AGREEMENT TO AGENCY: Contact: City of Ashland 20 East Main Street Ashland OR 97520