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