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HomeMy WebLinkAbout2003-070 Bikeway Agrmt - ODOT6/4/03 Misc. Contracts & Agreements No. 20,858 WALKWAY/BIKEWAY PROJECT AGREEMENT 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 "City." RECITALS . Rogue Valley Highway (OR 99) is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission. . By the authority granted in ORS 366.514, funds received from the State Highway Trust Fund are to be expended by the State and the various counties and cities for the establishment of footpaths and bicycle trails. For purposes of Article IX, Section 3a, of the Oregon Constitution, the establishment and maintenance of such footpaths and bicycle trails are for highway, road, and street purposes when constructed within the right of way. . By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with 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 contracting parties. 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 . Under such authority, State and City agree to design and construct two curb extensions at the intersection of Rogue Valley Highway (OR 99) and Oak Street, 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. . City has determined that the actual total cost of the Project is estimated to be $40,000. State shall fund the Project in an amount not to exceed $35,500. City will Bikeway/Walkway Project Agreement 06/10/03 Page 2 provide a match in the amount of $4,500. City shall be responsible for any portion of the Project, which is not covered by State funding, including any portion of the Project which exceeds the estimated total cost. In the event that the total Project cost is actually less than the original estimate, the State funds shall be limited to a proportionate share of the original estimated amount, based on a percentage calculated using state share and local match. . The work shall begin upon execution of the agreement by all parties and be completed no later than November 30, 2003, the agreement shall terminate six months after that date. Maintenance responsibilities shall survive any termination of this agreement. CITY OBLIGATIONS 1. City shall perform the work described in this agreement. . City shall conduct the necessary field surveys, prepare plans and contract documents; advertise for bid proposals, award all contracts, and supervise construction of the Project. Actual construction of the Project may be accomplished by City forces, by contract, or by any combination of these methods, as City shall elect. . City shall obtain a Miscellaneous Permit to occupy State Right of Way through the State's ODOT District 8 Maintenance Office (District 8 Office) prior to the commencement of construction. . City shall submit a copy of the plans and specifications to State through the State District 8 Office and the State's Bicycle and Pedestrian Program Manager for review and concurrence prior to advertising for a construction contract or prior to construction, if City forces will perform the construction work. Concurrence must be received from both State offices prior to proceeding with the Project. The project design, signing, and pavement marking shall be in conformance with the current Oregon Bicycle and Pedestrian Plan. o City shall not award a construction contract until State's District 8 representative has reviewed and approved the Iow bidder's proposal and costs. , City shall, upon completion of Project, submit an itemized statement of the final actual total cost of the Project.to State's Bicycle and Pedestrian Program Manager, Bikeway/Walkway Project Agreement 06/10/03 Page 3 , City represents that this agreement is signed by personnel duly authorized to do so by its City Council. o City shall not enter into any subcontracts for any of the work scheduled under this agreement without obtaining prior written approval. , City shall 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. Without limiting the generality of the foregoing, City expressly agrees to comply with: (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 10a. City, or its contractor, shall obtain and keep in effect during the term of this agreement, Comprehensive or Commercial General Liability Insurance covering bodily injury and property damage. This insurance shall include personal injury coverage, contractual liability coverage for the indemnity provided under this agreement, and products/completed operations liability. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Each annual aggregate limit shall not be less than $2,000,000, when applicable. b. The liability coverage required for performance of the agreement shall include the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and their officers and employees, as Additional Insureds but only with respect to City's, or its contractor's, activities to be performed under this agreement. Co Before this agreement is executed, City, or its contractor, shall furnish to State's District 8 office a Certificate of Insurance for the limits set out above, which is to be in force and applicable to the project. do The insurance coverage shall not be amended, altered, modified, or canceled insofar as the coverage contemplated herein is concerned without at least thirty days prior written notice to State. 11. City shall indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Oregon Department of BikewayA/Valkway Project Agreement 06/10/03 Page 4 Transportation, their officers, agents, and employees from and against any and all claims, suits, actions, losses, damages, costs, expenses, and liabilities of any nature whatsoever resulting from, arising out of, or relating to the activities of City or its officers, employees, subcontractors, or agents under this agreement. 12. City shall be responsible for all costs not covered by State funding. State funding is limited to $35,500. 13. City shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to, retirement system contributions, workers compensation, unemployment taxes, and state and federal withholdings. 14. All employers, including City, 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. City shall ensure that each of its subcontractors complies with these requirements. 15. City shall, upon completion of Project, maintain the project at its own cost and expense, and in a manner satisfactory to State. STATE OBLIGATIONS I . State grants authority to City to enter upon State right-of-way for the construction of this Project as provided for in the Miscellaneous Permit to be issued by State's District 8 Office. . State's District 8 Office and Bicycle and Pedestrian Program shall review and must concur in the plans prepared by City before the Project is advertised for a construction contract or before construction begins if City forces shall perform the work. State's Bicycle and Pedestrian Program office shall process all billings submitted by City. . Upon receipt of notification that the City is prepared to proceed with the development of project, State shall deposit with City the sum of $17,750, such amount being equal to 50 percent of the State's share of the estimated Project costs. Upon completion of Project, inspection and approval by State staff, and receipt from City of an itemized statement of the actual total cost of the Project, State shall deposit with City a final payment, the sum of $17,750, such amount being equal to 50 percent of the State's share of the estimated Project costs. When added to the initial deposit, the final Bikeway/Walkway Project Agreement 06/10/03 Page 5 deposit will equal the State's share of the originally estimated costs ($40,000). Should final Project costs exceed the original estimate, extra costs shall be borne by City; the maximum amount of State reimbursement is $35,500. If final Project costs are less than original estimate, State shall deposit with City a final payment in an amount which, when added to the initial deposit, would equal the State's proportionate share of the originally estimated costs, based on a percentage calculated using state share and local match. . 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 current biennial budget. GENERAL PROVISIONS 1. This agreement may be terminated by mutual consent of both parties. . State may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of the following conditions: a. If City fails to provide services called for by this agreement within the time specified herein or any extension thereof. b. If City 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 State fails to correct such failures within 10 days or such longer period as State may authorize. c. If State fails to receive funding, appropriations, limitations, or other expenditure authority at levels sufficient to pay for the work provided in this agreement. do 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 State is prohibited from paying for such work from the planned funding sources. . Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If any funds are remaining from the advance deposit, they shall be refunded to State. Bikeway/Walkway Project Agreement 06/10/03 Page 6 o State, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts 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 State. . 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 State 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 a party to enforce any provision of this agreement shall not constitute a waiver by a 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 February 1, 2000 as part of the Fiscal Year 2002-2003 Local Assistance Bicycle and Pedestrian Program. The funds are included in the Statewide Programs Section of the 2000-2003 Statewide Transportation Improvement Program (STIP). 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. BikewayA4/alkway Project Agreement 06/10/03 Page 7 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 Deputy Directors, Division Managers, Chief of Staff, Technical Services Manager/Chief Engineer, Branch and 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. STATE OF OREGON, by and through its Department of Transportation By Technical Services Mgr./Chief Engineer Date APPROVAL RECOMMENDED By Bicycle & Pedestrian Program Manager Date By Region 3 Manager Date CITY OF ASHLAND, by and through its elected officials Title Date APPROVED AS TO LEGAL S U FFI.~~Y ~ By ~ity L~gal Counsel Date ~'/~/~ ~ By Date District 8 Manager Rev. 2-26-03 Bikeway/Walkway Project Agreement 06/10/03 Page 8 Sheet taken from Hammond Engineering Drawings - Sheet 6 of 10; Dec 2002 Appendix A