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Home My WebLink About2005-050 Agrmt AMND #1 - ODOT - CMAQ No 21139 Misc. Contracts and Agreements No.21139 AMENDMENT NO.1 CONGESTION MITIGATION AND AIR QUALITY PROJECT Ashland Street Paving 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, acting by and through its elected officials, hereinafter referred to as City, entered into an Agreement on June 8, 2004. Said Agreement covers the Ashland Street Paving Project. It has now been determined by State and City that the Agreement referenced above, although remaining in full force and effect, shall be amended by this A!~reement to clarify responsibilities for right of way services and update language. Paragraph 1 of Recitals, Page 1, which reads: 1. Walnut Street, Eureka Street, and "C" Street, are a part of the city street system, under the jurisdiction and control of City. Shall be amended to read: 1. Walnut Street, Eureka Street, and "C" Street, are a part of the city street system, under the jurisdiction and control of City. City may enter into an agreennent for the acquisition of real property by State. Said real property shall be used as part of right of way for road, street or construction of a public improvement. Paragraph 2 of Recitals, Page 1 which reads: 2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with the counties, cities and units of local govE~rnments 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: 2. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with the counties, cities and units of local govE~rnments 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 5 of Terms of Agreement, Page 2, which reads: 5. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions City of Ashland/ODOT Agreement No. 21139-01 apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. Shall be amended to read: 5. The Revised Special Provisions and Standard Provisions attached hereto, marked Revised Attachment1 and Attachment 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Revised Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Revised Attachment 1 and Attachment 2. In the event of a conflict, this Agreement shall control over the attachments, and Revised Attachment 1 shall control over Attachment 2. Page 3, paragraph which reads: The federal funding for this Project is contingent upon approval by the FHWA. Any work performed prior to acceptance by FHWA will be considered nonparticipating and paid for at City expense. Shall be placed in Terms of Agreement and numbered as Paragraph 9. Attachment No.1 To Special Provisions shall be replaced in its entirety by Attachment No.1 - Revised Special Provisions Exhibit 8, Right of Way Services, shall be added to this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands as of the clay and year hereinafter written. The Oregon Transportation Commission on June 18, 2003, approved Dele~~ation 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 October 8, 2004, the Director and Deputy Director, Highways approved Subdelegation Order No.4, in which the Director and Deputy Director, Highways delegates authority to the Technical Services Manager/Chief Engineer to approve and sign agreements over $75,000 up to a maximum of $500,000 when the work is related to a project included in the Statewide Improvement Program or in other system plans 2 City of Ashland/ODOT Agreement No. 21139-01 approved by the Oregon Transportation Commission or in a line item in the legislatively adopted biennial budget. And Authority to sign agreements on behalf of the Deputy Director, Highways when there would be a potential conflict of interest with the position of Deputy Director, HiQlhways; or when the Deputy Director, Highways or designee is unavailable. CITY OF ASHLAND, by and through its elected officials B~_ \~~ ~~,~ Ti M.~oY" Date . 'i/zs /0 S- By IMIVtL ~~ Title ~ ~~ 'i-ty()~ Date By Title Date APPROVED AS TO LEGAL SUFFICIENCY By "V"l- ~ l-~- City Legal Counsel Date fi - z.. S- ... oS' City Address: City of Ashland Attn: Paula Brown 27 1/2 Main Street Ashland, OR 97520 STATE OF OREGON, by and through its Department of Transportation ~ By Deputy Date KtmXb<. APPR9rALRECOMMENDED By L~)y)tJ1)L Technical Services Manager/Chief Engineer Date 5.., ZIJ...p '5 By ~~~,~~ -trai9ht of Way Manager J Date E"/Z3/0S ByM1R~ Region Manager Date > /" {^r APPROVED AS TO LEGAL SUFFI~NCY i1/ / I By tYL.. '/!. 11 ~- rll(It'~ Date: 3 City of Ashland/ODOT Agreement No. 21139-01 ATTACHMENT NO.1 REVISED SPECIAL PROVISIONS Agreement No. 21139 1. City or its consultant, shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traffic investigations, identify and obtain all required permits, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. 2. City, or its consultant, shall acquire any right of way needed for the Project in accordance with the provisions as stated in Exhibit B, attached hereto and by this reference made a part hereof. City, or its consultant, shall follow the rules, policies and procedures of the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", as amended, ORS 35.510, ORS 35.346, the State of Oregon Right of Way Manual, and Federal Highway Administration Federal Policy Guide. 3. City agrees to reimburse salaries and payroll reserves of State employees, direct costs, costs of rental equipment used and per diem expenditures for right of way services as described in Exhibit B. 4. City or its consultant, shall, upon State's award of construction contract, furnish all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. 5. In the event that City elects to engage the services of a personal services consultant to perform any work covered under this Agreement, City and Consultant shall enter into a Personal Services Contract approved by State's Purchasing and Contracts Unit Manager or designee (Salem). Said contract must be reviewed and approved by the Purchasing and Contracts Unit Manager or designee prior to beginning any work. This review includes, but is not limited to the Request for Proposal, Statement of Work, advertisement and all contract documents. This review and approval is required to ensure federal reimbursement. 6. State may make available Region 3's On-Call PE, Design and Construction Engineering Services consultant for Local City Projects upon written request. If City chooses to use said services, they agree to manage the work done by the consultant and make funds available to the State for payment of those services. All eligible work shall be a federally participating cost and included as part of the total cost of the project. 7. City shall, upon completion of the Project, for a period of twenty years or the useful life of the project, whichever is less, maintain the Project at their own expense. Maintenance responsibilities shall survive any termination of this Agreement. 4 City of Ashland/ODOT Agreement No. 21139-01 8. City shall, upon completion of the Project, submit an annual (Federal FY) progress report to State on or before November 15th. The progress report as shown in Attachment 3, attached hereto and by this reference mlade a part hereof, should be sent to the Region 3 Manager. (3500 NW Stewart Parkway, Roseburg, OR 97470) with copies to Region 3 Planning, (3500 NW Stewart Parkway, Roseburg, OR 97470), Transit Division (555 13th Street, Salem, OR 97301) and Environmental Services (1158 Chemeketa St. N.E., Salem, OR 97301) in order to fulfill State's requirement to report the progress and benefits of the CMAQ program to FHWA and to the Oregon Transportation Commission. The progress report shall survive any termination of this Agreement. 5 City of Ashland/ODOT Agreement No. 21139-01 EXHIBIT B Agreement No. 21139 THINGS TO BE DONE BY STATE OR CITY All references to State or City may include State or its consultant, or City or its consultant. A. Acquisition Phase 1. General: a. Title to properties acquired shall be in the name of the City. 2. Legal Descriptions: a. City will provide sufficient horizontal control, recovery and retracernent surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. City will provide construction plans and cross-section information for the project. c. City will write legal descriptions and prepare right of way maps. d. City will specify the degree of title to be acquired (e.g., fee, easernent, etc). 3. Real Property and Title Insurance: a. City will determine sufficiency of title (taking subject to). b. City will conduct Level 1 testing for presence of hazardous material, if needed. City will conduct reasonable testing up to Level 2, if necessary. If contamination is found, a recommendation for remediation will be presented to City. c. City will be responsible for any necessary remediation. 4. Appraisal: a. City will conduct the valuation process of properties to be acquired. b. City will recommend just compensation, based upon a review of the valuation by qualified personnel. c. Property trades, construction obligations, and zoning or permit concessions are to be evaluated as part of the Just compensation offer. 6 City of AshlandjODOT Agreement No. 21139-01 5. Negotiations: a. City will tender all monetary offers to land-owners in writing at the compensation shown in the appraisal review. Conveyances taken for more than the approved figure will be documented by an Administrative Justification for the increase in compensation. If State performs this function, it will provide the City with all pertinent letters, negotiation records and obligations incurred during the acquisition process. b. City and State shall jointly determine a date for certification of right of way. City agrees to file all Recommendations for Condemnation at least 70 days prior to that date if negotiations have not been successful on those properties. 6. Relocation: a. City will perform any relocation assistance, make replacement housing computations, and do all things necessary to relocate any displaced parties on the project. b. City will make all relocation and moving payments for the project. c. City will perform the relocation appeal process. B. Closing Phase 1. City will close all transactions. This includes drawing deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. 2. City will record conveyance documents, only upon acceptance by appropriate agency. C. Property Management 1. City will take possession of all the acquired properties. 2. City will dispose of all improvements and excess land. D. Condemnation 1. City may offer mediation if parties have reached an impasse. 2. City will perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters. 3. City will perform all legal work related to the condemnation process. 4. City will perform all litigation work related to condemnation. 7