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)