Loading...
HomeMy WebLinkAbout2004-094 IGA - ODOT Crosswalk Maint #21397Misc. Contracts & Agreements No. 21397 INTERGOVERNMENTAL City of Ashland Crosswalk Maintenance 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 "ODOT"; and the City of Ashland, acting by and through its elected officials, hereinafter referred to as "City". RECITALS . By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies 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. . City is developing City engineering standards which call for the use of continental crosswalk treatments, as shown in ODOT 2002 Traffic Standard Drawings, TM-535, which are hereby incorporated by reference. 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, City and ODOT agree to commit to the install[ation and maintenance of continental crosswalks on state highways, within the limiits of City, hereinafter referred to as Project. . The work shall begin on the date all required signatures are obtained and shall remain in effect for twenty years at which time this Agreement expires unless extended by a fully executed amendment. . The estimated annual maintenance cost for the Project is approximately $1920, figured at $80 per crosswalk in City funds. All estimated costs are subject to change. At the time of this agreement there are 24 such crosswalks that City shall maintain. During the period of this agreement, that number shall increase as ODOT installs more such sidewalks within the City limits. CITY OBLIGATIONS o City shall perform all necessary maintenance for the continental crosswalks which are currently installed on state highways within City limits at their own expense. Maintenance shall be in accordance with the guidelines developed by City and ODOT. The total maintenance cost per crosswalk is estimated at $80 per 'year. Ashland/ODOT Agreement No. 21397 , City further agrees to perform all necessary maintenance for continental crosswalks which may be installed on state highways as part of future construction projects within City limits at their ow, n expense 3. City shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from ODOT. . City 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. Without limiting the generality of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Sections V and 504 of the Rehabilitation Act of 19'73; (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 shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement inciluding, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. , 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 a~re exempt under ORS 656.126. City shall ensure that each of its subcontractors complies with these requirements. . City 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, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this project. , Notwithstanding the foregoing defense obligations under paragraph 7 above, neither City nor any attorney engaged by City shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that City is prohibited from defending the State of Oregon, or that City is not ;adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. Ashland/ODOT Agreement No. 21397 The State of Oregon reserves all rights to pursue any claims it may have against City if the State of Oregon elects to assume its own defense. 9. City's project manager for this Agreement is Paula Brown, Public Works Director, 20 E Main Street, Ashland OR, 97520, (541) 488-5305. ODOT OBLIGATIONS o In consideration for City agreeing to maintain the Project, ODOT agrees to install continental crosswalks on state highways on future construction projects within the City limits, as requested by City. 2. ODOT hereby grants City the right to enter onto and occupy state owned right-of- way for the performance of necessary maintenance of the crosswalks. 3. ODOT's project manager for this Agreement is Region 3 Traffic Manager,, 3500 NW Stewart Parkway, Roseburg, OR 97470, (541) 957-3688. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both parties. ODOT may terminate this Agreement effective upon delivery of written notice, to City, or at such later date as may be established by ODOT, 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 ODOT fails to correct such failures within 10 days or such longer period as ODOT may authorize. Co If.ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of 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 ODOT is prohibited from paying for such work from the planned funding source. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. Ashland/ODOT Agreement No. 21397 2. City acknowledges and agrees that ODOT, the Secretary of State's Off:ice 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 ODOT. . If City fails to maintain facilities in accordance with the terms of this Agreement, ODOT, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this Agreement or take any other action allowed by law. . 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 ODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT 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 on June 18, 2003, 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 Ashland/ODOT Agreement No. 21397 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 Region to approve and execute agreernents 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 ~ough its City Council Agency's Authorized Representative Date , ~-- Agency's Authorized Representative Date: ,~'~/'~"~ APPRO~ AS T_O F/t)RM Counsel City Date STATE OF OREGON, by and through its Department Of Transportation BY Region 3 Manager Date APPROVAL RECOMMENDED By¸ Region 3 Traffic Manager Date RETURN AGREEMENT TO AGENCY: Contact: Paula Brown City of Ashland 20 East Main Street Ashland OR 97520