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HomeMy WebLinkAbout2004-173 AMND #1 - ODOT - No 20521 Water St BridgeMisc. Contracts and Agreements No. 20521 AMENDMENT NO. 1 2002 Fund Exchange Agreement Water Street Bridge City of Ashland The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as State, and The City of Ashland, hereinafter referred to as Agency, entered into an Agreement on February 27, 2003. Said Agreement covers the Water Street Bridge Project. It has now been determined by State and Agency that the Agreement referenced above, although remaining in full force and effect, shall be amended by this Agreement to extend time and update language. Paragraph 1 of Recitals, Page t, which reads: 1. By the autihority 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. Shall be amended to read: 1. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments 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. Paragraph 4 of Terms of Agreement, Page 2, which reads: 4. This agreement shall be for two years beginning on the date State's representative executes this agreement and terminating two calendar years later on the same month and day, unless otherwise extended or renewed by formal agreement of the parties. Shall be amended to read: 4. This agreement shall be for three years beginning on the representative executes this agreement and terminating April 30th, otherwise extended or renewed by formal agreement of the parties. date State's 2006, unless Paragraph 5 of Terms of Agreement, subsection G, Page 3, which reads: City of Ashland/ODOT Agreement No. 20521-01 G. Agency shall comply with all federal, state, and local laws, regulations, executive o. rders 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, Agency 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 o'f 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. Shall be amended to read: G. Agency 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. W/ithout limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 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. Paragraph 5 of Terms of Agreement, subsection K, Page 3, which reads: K. The Agency, its consultant or 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: K. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of the day and year hereinafter written. City of'Ashl'and/ODOT Agreement No. :20521-01 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.. On September 16, 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 to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF ASHLAND, by and thro;;~~ elected officials Title_ a,e Date STATE OF OREGON, by and through its Department of Transportation By Deputy Director, Highway Division Date APPROVAL RECOMMENDED By Technical Services ManagedChief Engineer APPROVED AS TO LEGAL APPROVED AS TO SUFFICIENCY LEGAL By. Assistant Attorney, General Date By Region Manager Date Agency Address: City of Ashland Attn: Paula Brown 20 E Main St. Ashland, OR 97520 Date: CITY OF -AS IH LAN D Council Communication Title: Dept: Date: Submitted By: Reviewed By: Approved By: Approval of Amendment No. 1 to Fund Exchange Agreement No. 20521, Water Street Bridge Project, between the City of Ashland and the Oregon Department of Transportation Public Works Department August 3, 2004 Paula Brown Mike Franell Gino Grimaldi Synopsis: The Water Street Bridge project has had a few set backs over the past four years during the design, planning and bid stages, but is now ready for realization. Staff re-bid the project in June 2004 and received an acceptable construction bid from Ross Brothers & Company, Inc. (Salem).. As staff and the prospective contractor discussed construction start dates, it became very apparent that the project was not bid early enough to ensure significant project completion within the restricted in-water work times of June 15 to September 15. As such, construction contracts were recently signed for a delayed construction start date o£May 15, 2005. This project receives State transportation funds and requires approval of the attached amendment to extend the funding period to coincide with the construction delays. The attacheq Amendment No. 1, Fund Exchange Agreement No. 20521 Water Street Bridge authorizes a time extension so that the project can begin in May 2005 and be completed by April 2006. At this point, staff anticipates completion within 8 months of starting which would be January 2006. The extra three months provides a cushion for unforeseen conditions. Recommendation: It is recommended tPat Council approve the attached Amendment No. 1, Fund Exchange Agreement No. 20521, Water Street Bridge, granting a time extension to April 2006. Fiscal Impact' The City has been anticipating the reconstruction of Water Street Bridge for the past 4 years. In November 2000, Council approved staff's recommendation to execute the fund exchange agreement (Agreement No. 18615) with ODOT for Federal Fiscal Years (FFY) 1999 and 2000. And again in November 2002, Council authorized the amended agreement to fully fund this project and obligate FFY 2001 and FFY 2002 funds. The total amount of federal funds is $495,923, which have been exchanged at 93% (2'."d agreement) and 94% (1st agreement) for a total of $463,994 in state funds to replace the Water Street Bridge. PCB/CC Water Street Bridge Fund Exchange Amd 2 3Aug04 Page 1 of 2 Through participation in the State Surface Transportation Program, Ashland has received approximately $94,000 to $110,000 per year. Although the City "lost" an average of 6.5% percent for the exchange to "State" funds, the gain from a contract flexibility and construction management perspective is well worth the minor reduction in funds. The City has participated in the State's federal fund exchange program through the Oregon Department of Transportation for many years. These dollars are a part of the Federal Surface Transportation Plan (STP) program that can be used to fund state approved projects. The Water Street Bridge Project has been programmed to receive these funds and is consistent wiith the Capital Improvement Program outlined in the budget document. The engineers and staff had significantly under estimated the construction of the Water Street Bridge. The engineer's estimate was approximately $400,000. Even after bidding the project ~three times, the engineers estimate was $175,000 under the project bid. The increase in cost is primarily due to steel prices, additional water and sewer work, an extremely constricted construction work area, timing for the in-water work requirements and the additional creek stabilization. Design began in 2001 with Otak Engineers at a cost of $98,000. Marquess Engineering completed the design and will provide follow-on construction engineering support as necessary. The additional construction costs are supported by storm water SDC, water distribution (pipe replacement) and the sewer collection funds (for the replacement of a force main). All costs are in the budget and the additional costs will be supported in the Fy06 budget. Background' The ODOT Fund Exchange Program is an extension of the Federal Surface Transportation Program (STP). Cities with population in excess of 5000 people receive an annual allocation of funds based upon actual population. The State provides these funds at a reduced rate (typically 94% of the federal allocation) fi>r City projects. By using the funds through the State's exchange program, the funds can be used for a wider variety of projects. The State's requirements and contro]ls are not as stringent as Federal controls. Council may recall the discussion of the expanded Metropolitan Planning Organization. These STP funds are the funds that will be combined with the MPO funds and will be competitive in future years. Staff proposed that fund exchange program be used for replacement of the Water Street Bridge which was identified as a priority from the Otak report on flood related damage, and submitted that request to ODOT. ODOT approved the project prospectus and found the project eligible for the fund exchange program. Approximately 45% of the project is eligible for storm water systems development charges to meet the 100 year flood requirements. PCB/CC Water Street Bridge Fund Exchange Amd 2 3Aug04 Page 2 of 2 -O-F gon Theodore R. Kulongoski, Governor July 19, 2004 Department~ of Transportation Region 3 3500 NW Stewart Parkway Roseburg, OR 97470 (541) 957-3500 FAX (541) 957-3547 FILE CODE: City of Ashland Attn: Paula Brown 20 E Main St. Ashland, OR 97520 RE: Agreernent 20521-01 - Water Street Bridge Amendment Dear Paula: Enclosed for City signature are four (4) originals of the above referenced amendment. Once you have obtained all required signatures, please return all four copies for' further processing to: Oregon Dept. of Transportation Attn: Elizabeth Stacey 3500 NW Stewart Parkway Roseburg, OR 97470 Please give me a call if you have any questions or need further clarification. Thanks for the help! ,gard_.s, Elizabe-fl5 Stacey ~ '"'/ Region 3 Agreem~nt-6odrdinator 541.957.3635 Enclosure Cc: Ken Norton, Local Program Liaison Form 734-1829 (1-03)