HomeMy WebLinkAbout2003-131 Bikeway Agrmt - ODOT6/4/O3
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
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Rogue Valley Highway (OR 99) also known as Lithia Way, East Main Street and
North Main Street is a part of the state highway system under the jurisdiction and
control of the Oregon Transportation Commission.
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By the authority granted in ORS 366.514, funds received from the State H!ghway
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.
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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 curb
extensions at the intersections of Lithia Way and Oak Street, Lithia Way and First
Street, North Main and Water Street, East Main and Oak Street, and East Main
and First 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.
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City has determined that the actual total cost of the Project is estimated to be
$81,000. State shall fund the Project in an amount not to exceed $35,500. City will
provide a match in the amount of $45,500. 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 PedestrianPlan.
.
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,
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11.
City represents that this agreement is signed by personnel duly authorized to do
so by its City Council.
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.
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.
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.
O,
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.
d. 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.
City shall indemnify, defend, save, and hold harmless the State of Oregon, the
Oregon Transportation Commission and its members, the Oregon Department of
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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
.
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.
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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
deposit will equal the State's share of the originally estimated costs ($81,000). Should
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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.
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4. 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.
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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.
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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.
.
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
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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.
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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.
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director delegates authority to the
Executive Deputy Director for Highways, Executive Deputy Director for Central
Services, and the Chief of Staff to approve and execute agreements over $75,000
when the work is related to a project included in the Statewide Transportation
Improvement Program, other system plans approved by the Commission, or in a line
item in the approved biennial budget.
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STATE OF OREGON, by and through
its Department of Transportation
By
Exec. Deputy Director for Highways
Date
APPROVAL RECOMMENDED
By
Technical Services Mgr./Chief Engineer
CITY OF ASHLAND, by and through its
elected officials
By/r./-/~/,r~.z. ~
Date ~/~,/~
Date
By
Bicycle & Pedestrian Program Manager
Date
By
Region 3 Manager
APPROVED AS TO LEGAL
SUF~ENCY
City Legal Counsel
Date
Date
By
District 8 Manager
Date
Rev. 2-26-03