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Home My WebLink About2007-207 Agrmt - ODOT - CMAQ No 21139 ... Misc. Contracts & Agreements No. 21139 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROJECT Ashland Street Paving City of Ashland 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 "STATE"; and the CITY OF ASHLAND, a municipal subdivision of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "City". RECITALS 1. Walnut Street, Eureka Street, and "Cn Street, are a part of the city street system, under the jurisdiction and control of City. 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 !~overnments for the performance of work on certain types of improvement projE~cts with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 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 1. Under such authority, City plans and proposes to pave the following: Walnut Street from Grant Street to Luna Vista Street and Eureka Street and "C" Street from 8th Street to Emerick Street, hereafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitig.ation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $1,374,000. The Federal CMAQ funds are limited to $597,000. Eligible costs for the Project will be reimbursed at the full Federal share or until the $597,000 limit is reached. City shall be responsible for the match 1for the federal funds and any portion of the Project which is not covered by federal funding. The total Project cost is subject to change. City shall be responsible for determining the amount of Federal Funds to be applied to each phase of the Project. City is not guaranteed the use of unspent funds for a particular phase of work. It is City's responsibility to notify State in advance of obligating funds for a subsequent phase if City wants to release funds on the current authorized phase(s) of work. Key No. 13340 . . . Ashland/GOOT Agreement No. 21139 3. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate on completion of the Project and final payment or ten calendar years following the date all required signatures are obtained, whichever is sooner. 4. This Agreement may be terminated by mutual written consent of both parties. State may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of tine 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 State fails to correct such failures within 10 days or such longer period as State may authorize. c. If City fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work providHd in the Agreement. e. 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 State 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. 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 apply to all federal-aid projects and may be modified only by the Spec:ial 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. 6. City, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for City's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon City's breach of any such conditions that requires the State to return funds to the Key No. 13340 2 Ashland/OOOT Agreement No. 21139 Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of City, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 7. City shall enter into and execute this Agreement during a duly authorized session of its City Council. 8. 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 AgrE~ement. No waiver, consent. modification or change of terms of this Agreement shalll 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 State to enforce any provision of this Agreement shall not constitute a waiver by State 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. This Project is in the 2004-2007 Statewide Transportation Improvement Pn:>gram (key # 13340) that was approved by the Oregon Transportation Commission on Nlovember 17, 2003 (or subsequently approved by amendment to the STIP). 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. 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. Key No. 13340 3 Ashland/ODOT Agreement No. 21139 On September 6, 2002. the Director of the Oregon Department of Transportation approved Subdelegation Order No.2, in which the Director delegates authority to the Deputy Director for Highways, Deputy Director for Central Services, and the Chief of Staff to approve and execute agreements over $75,000 when the: work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission, or in a line~ item in the approved biennial budget. CITY OF ASHLAND, by and through its elected officials By ~~- STATE OF OREGON, by and through its epartment of Transportation By De 6~f-()lf- Title --ft1JM{ irf_ Date tJJ -('t-~ _ By _~ --~~~ , BY-r7"'~~~ TRle CX1/j ((~t:Y' ('or Technical Services Manager/Chief tl Engineer (if over $75,000) 5-lq -b'l Date APPROVAL RECOMMENDED Date Lo-l( -O~ ~~~ Region anager 'J 11st~1 Date APPROVED AS TO LEGAL :~La:;~ City Legal Counsel Date Date City Address: City of Ashland Artn: Paula Brown 20 E. Main Street Ashland, OR 97520 APPRmED AS TO LEGAL SUFF NC~ / By ~ 11 ~ Date: t II ! /11 Key No. 13340 4 Ashland/OOOT Agreement No. 21139 ATTACHMENT NO.1 TO 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, assist State with acquisition of necessary right-of-way and/or easements, and perform all preliminary engineering and design work required to produce final plans, preliminarylfinal specifications and cost estimates. 2. 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. 3. 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. 4. State may make available Region 3'5 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 wor1< 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. 5. City shall, upon completion of the Project, maintain the Project at their own expense. Maintenance responsibilities shall survive any termination of this Agreement. 6. 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~ made 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.IE., 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. Key No. 13340 5 ATTACHMENT NO.2 STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION l. State (OooT) is acting to fulfill its responsibility to the Federal Highway Administration (FHW A) by the administration of this project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this admilnistration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHW A, State will further act for the Agency in other matters pertaining to the project. State and Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the project. 2. Any project that uses federal funds in project development is subject to plans. spedfications and estimates (PS&E) review and approval by FHW A or State acting for FHW A prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY & CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHW A rules and regulations. In the event that Agency elects to engage the services of a personal service consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal service contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal service contracting process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279.051, the current State Administrative Rules and oooT P(~rsonal Services Contracting Procedures as approved by the Federal Highway Administration (FHW A). Such personal service contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project managemerit, Agency, subject to any limitations imposed by State law and the Oregon Constitution, agrees to accept all responsibility, defend STDPRO-2000.doc Rev. 8-29-2003 lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance the Agency has submitted and the US Department of Transportation has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance agreement. Upon notifilcation to the Agency of its failure to carry out the approved program, the US Department of Transportation shall impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 26, whiich sanctions may include termination of the agreement or other measures that may affect the ability of the Agency to obtain future US Department of Transportation financial assistance. 6. DBE Obligations. State and its contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. Nei1ther State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts. The Agency shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts. Failure by the Agency to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as ODOT deems appropriate. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this contract. 7. The Agency further agrees to comply with all applicable civil rights laws, rules and regulations, including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilitiles Act of 1990 (ADA), and Titles VI and vn of the Civil Rights Act of 1964. 8. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279.312,279.314,279.316,279.320 and 279.555, incorporated herein by reference and made a part hereof; Title 49 CFR, Parts 26 and 90, Audits of State and Local Governments; 49 CFR Parts 18 and 24; 23 CFR Part 771; Title 41, USC, Anti-Kickback Act; Title 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; provisions of Federal-Aid Policy Guide~ (F APG), Title 23 Code of Federal Regulations (23 CFR) 1.11, 710, and 140; and the Oregon Action Plan. STDPRO-2000.doc Rev. 11-28-2003 2 STATE OBLIGATIONS PROJECT FUNDING REQUEST 9. State shall submit a project funding request to the FHW A with a request for approval of federal-aid participation in all engineering, right-of-way acquisition, eligible utility relocatiions and/or construction work for the project. No work shall proceed on any activity in which federal-aid participation is desired until such approval has been obtained. The program shall include services to be provided by State, Agency, or others. State shall notify Agency in writing when authorization to proceed has been received from the FHW A. Major responsibility for the various phases of the project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHW A rules and regulations and the Oregon Action Plan. FINANCE 10. State shall, in the frrst instance, pay all reimbursable costs of the project, submit all claims for federal-aid participation to the FHW A in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written request. When the actual total cost of the project has been computed, State shall furnish Agcmcy with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the project expenditure account(s) and will be included in the total cost ofth~~ project. PROJECT ACTIVITIES 11. State shall, if tlie prehmmary engmeenng work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 12. The party responsible for performing preliminary engineering for the project shall, as part of its preliminary engineering costs, obtain all project related permits necessary for the construction of said project. Said permits shall include, but are not limited to, access, utility, e:nvironmental, construction, and approach permits. All pre-<:onstruction permits will be obtained prior to advertisement for construction. 13. State shall prepare contract and bidding documents, advertise for bid proposals, ;Rnd award all contracts. 14. Upon State's award of a construction contract, State shall perform independent assunmce testing in accordance with State and FHW A Standards, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the project. STDPRO-2000.doc Rev. 11-28-2003 3 IS. The State shall, as a project expense, assign a liaison person to provide project monitoring as needed throughout all phases of project activities (preliminary engineering, right-of-way acquisition, and construction). The liaison shall process reimbursement for federal participation costs. RIGHT -OF-WAY 16. State is responsible for proper acquisition of the necessary right-of-way and easements for construction and maintenance of the project. Agency may perform acquisition of the nece:ssary right- of-way and easements for construction and maintenance of the project, provided Agency (or Agency's consultant) are qualified to do such work as required by the OooT Right of Way Manual and have obtained prior approval from OooT Region Right of Way office to do such work. 17. Regardless of who acquires or performs any of the right-of-way activities, a right-of-way services agreement shall be created by OooT Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party. State shall always be responsible for requesting project funding, coordinating certification of the right-of-way, and providing oversight and monitoring. Funding authorization requests for federal right-of-way funds must be sent through the Region Right of Way offices on all projects. All projects must have right-of-way certification coordinated through Region Right of Way offices (even for projects where no federal funds were used for right-of-way, but federal funds were used elsewhere on the project). Agency should contact the Region Right of Way office for additional information or clarification. 18. State shall review all right-of-way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right-of-way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policy Act of 1970, as amended, ORS 281.060 and ORS Chapter 35, FHW A Federal Aid Policy Guide, State's Right of Way Manual and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 19. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHW A of the required proportionate shares of the fair market value may be required. 20. Agency insures that all project right-of-way monumentation will be conducted in confbrmance with ORS 209.150. 21. State and Agency grants each other authority to enter onto the other's right-of~way for the performance of the project. STDPRO-2000.doc Rev. 11-28-2003 4 AGENCY OBLIGATIONS FINANCE 22. Federal funds shall be applied toward project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. 23. Agency's estimated share and advance deposit. A. Agency shall, prior to commencement of the preliminary engineering and/or right-of-way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from the State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. B. Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the bid. Any additional balance of the deposit, based on the actual bid must be received within 45 days of receipt of written notification by the State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within 45 days of receipt by the State of the project sponsor's written request. C. Pursuant to ORS 366.425, the advance deposit may be in the form of I) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance OffiC(:), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. D. Agency may satisfy all or part of any matching funds requirements by use of in-kind contributions rather than cash when prior written approval has been given by State. 24. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which the FHW A will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, or allocations of. State Highway Trust Funds, to that Agency may be withheld to pay the non-participating costs. If the State approves processes, procedures, or contract administration outside the Local Agency Guidelines, that result in items being declared non-participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds. 25. Costs incurred by the State and Agency for services performed in connection with any phase of the project shall be charged to the project, unless otherwise mutually agreed upon. STDPRO-2000.doc Rev. 11-28-2003 5 26. If Agency makes a written request for the cancellation of a federal-aid project; Agency shaH bear 100 percent of all costs as of the date of cancellation. If the State was the sole cause of the cancellation, the State shall bear 100 percent of all costs incurred. If it is determined that the cancellation was caused by third parti~s or circumstances beyond the control of State or Agency, Agency shall bear aU development costs, whether incurred by the State or Agency, either directly or through contract services, and the State shall bear any State administrative costs incurred. After set1lIement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 27. The requirements stated in the Single Audit Act must be followed by those local governments receiving $300,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by PL 104-156, described in "Office of Management and Budget Circular A-I33", requires local governments to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally-funded programs in which the local agency participates. The cost of this audit can be partially prorated to the federal program. 28. Additional deposits, if any, shall be made as needed upon request from the State. R(:quests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the project. 29. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the project directly to State's Liaison Person for review and approval. Such invoices shall identify the project and agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one-month duration, based on actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of F APG, 23CFR 1.11, 710, and 140. Final billings shall be submitted to State for processing within three months from the end of each funding phase as follows: l) award date of a construction contract for preliminary engineering 2) last payment for right-of-way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three months from date that costs are incurred. Final billings. submitted after the three months may not be eligible for reimbursement. 30. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by representatives of State and the FHW A for a period of three (3) years following the date of final voucher to FHW A. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (49 CFR 18.42). 31. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds distributed to Agency if any of the following events occur: a) That right-of-way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal-aid funds were authorized; b) That right-of-way acquisition is undertaken utilizing federal-aid funds and actual construction is not started by the close of the twentieth fiscal year following the STDPRO-2000.doc Rev. 11-28-2003 6 fiscal year In which the federal-aid funds were authorized for right-of-way acquisition. c) That construction proceeds after the project is determined to be ineligible for federal- aid funding (e.g., no environmental approval, lacking permits, or other reasons). 32. Agency shall maintain all project documentation in keeping with State and FHW A standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications. RAILROADS 33. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the appropriate Region contact or Railroad & Utility Engineer. Only those costs allowable under 23 CFR 646B & 23 CFR 1401, shall be included in the total project costs; all other costs associated with railroad work will be at the sole expense of the Agency, or others. Agency may request State, in writing, to provide railroad coordination and negotiations. However, the State is under no obligation to agree to perform said duties. UTILITIES 34. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utili~y conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the project in order to conform the utilities and other facilities with the plans and the ultimate requirements of the project. Only those utility relocations, which are eligible for federal aid participation under the F APG, 23 CFR 645A, shall be included in the total project costs; all other utility relocations shall be at the sole expc:mse of the Agency, or others. State will arrange for utility relocations/adjustments in areas lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than 21 weeks prior to biid let date. However, the State is under no obligation to agree to perform said duties. 35. Agency shall follow established State utility relocation policy and procedures. The policy and procedures are available through the appropriate Region Utility Specialist or OooT Right of Way Section's Railroad and Utility Coordinator. STANDARDS 36. Design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current ODOr Highway Design Manual and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highway Construction". STDPRO-2000.doc Rev. 11-28-2003 7 37. Agency agrees that mInimUm design standards for non-NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan", unless otherwise requested by Agency and approved by State. 38. Agency agrees and will verify that the installation of traffic control devices shall meet th~: warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". 39. All plans and specifications shall be developed in general conformance with the current "Contract Road Plans Guide" and the current "Standard Specifications" and/or guidelines provided. 40. The standard unit of measurement for all aspects of the project may be either System Int4~mational (SI) Units (metric), or English Units. However, all project documents and products shall be in one or the other unit of measurement. This includes, but is not limited to, right-of-way, environmental documents, plans and specifications, and utilities. It should be recognized that the ODOT is currently transitioning to English, and will be completely English by 2006. GRADE CHANGE LIABILITY 41. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 42. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 43. Agency, if a City, by execution of agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the project covered by the agreement. CONTRACfOR CLAIMS 44. Agency shall, to the extent permitted by State law, indemnify, hold harmless and provide legal defense for the State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 45. Notwithstanding the foregoing defense obligations under paragraph 44, neither Agency nor any attorney engaged by Agency 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 dc~terrnines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is ail issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects to assume its own defense. STDPRO-2000.doc Rev. 11-28-2003 8 MAINTENANCE RESPONSIBILITIES 46. Agency shall, upon completion of construction, thereafter maintain and operate the project at its own cost and expense, and in a manner satisfactory to State and the FHW A. WORKERS' COMPENSA nON COVERAGE 47. 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 (~ach of its contractors complies with these requirements. LOBBYING RESTRICTIONS 48. Agency certifies by signing the Agreement that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S I 0,000 and not more than S I 00,000 for each such failure. Paragraphs 34, 35, and 45 are not applicable to any local agency on state highway projects. STDPRO-2000.doc Rev. 11-28-2003 9 Ashland/ODOT Agreement No. 21139 ATTACHMENT NO.3 Please fill out and submit the following Progress Report as directed in Attachment No. 1 (Special Provisions). Submit a separate report for each Congestion Management / Air Quality (CMAQ) funded Project. Please Note: If your Project is a Park & Ride, complete the entire report. Otherwiise, complete items 1, 2 and any other applicable items. Project Name: (as submitted on original prospectus) Agreement No.: Project Year: ~ - ~ - -"'- ~ . ...... , ~ ; t, : t! , r' ~ ~':-J ~"'. :. ~ ~ \ ~ i {"~ U 'r ' , 1. Annual Vehicle Miles Traveled (VMT) reduction: . <"<~d~":l'~ci+~~~:. ~]~~~I'~i'. ~~ 'WN~;,~~~;:3i:~ II~" 'f,t__~...... ...1L:i....*::]'~.~1. ,:J.t~:iit>:ttC'l: ".... .....,...:'Jill' - "if ' .- ' ~ ,q~l', :' I "" ,',.itt 2. Actual daily emission reduction of: NOx VOC (kg/day). .... ,. ..... '.' '. k Ida . :" (kg/day) '. .' . . ",', ,.~ . .. i: 3. Average daily Single Occupancy Vehicles (SOV) eliminated from peak tmffic. Show split between Park & Ride vs. Park & Pool. Park & Ride Park & Pool 4. Average daily occupancy rate of Park & Rides vs. number of spaces in lot. Spaces occupied Spaces in lot 5. Percentage of filled spaces - Park & Ride vs. Park & Pool. Park & Ride % Park & Pool % Submitting City: Prepared by: Title: Phone: Date: CMAQfonn,doc Key No. 13340 6 tl)0) eM Q)"-- E"-- Q)N ~ ci o>Z ~ ~ tI) ..... u co ... ..... c o () o .~ ~ I . J 4 g:JOAO ~: &':-G ~ w .. ex: 6--0-' ",' d....~. ',:> :5 ". ..4. ':~" ::! 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":a~ p.,1j Vi~ J~ I Ii ':.. -r-> .... ' , , -;. "':" ~~';:, , W .~ Q ..." ':'i5 -,,~~ " -~:i"i=:--"--\-c-t" l(: III ~' 8 i~ i~ ,~f tnl ./ , Hllf. " >j r--.--L...~ t- "'-.'.- . r/' ~~ ';'''-~~" ~'~'- ;,3 '~ i l- ll> ~' C1' ,~..,. , ~~RO ~_:'-J ~-' "'-.. " 1: o'Jt ! i : ... A i 8 I o ~ ~ ~ j j ~ o ~ M M ..-- ci z >- Q) ~ ! ii i -Oregon Theodore R. Kulllng""ki. Gtwemnr Oregon Department of Tr:ansportation Support Services Office of Procurement 455 Airport ReI. SE, Bldg. K Salem, OF~ 97301-5348 AGH May 27,2005 City of Ashland Attn: Paula Brown 27 Y2 Main Street Ashland, OR 97520 Enclosed for your records is a fully executed copy of Amendment No. 1 to AgreE~ment No. 21139 (Ashland Street Paving). We have retained a fully executed copy of this agreement for the Department of Transportation's files. If you have any questions, please feel free to contact me at (503) 986-6918. Sincerely, ~~~ Karla Newman, Agreement Specialist ODOT Procurement Office Enclosure KN:tt Misc. Contracts and Agre1ements 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 Transpclrtation, 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 Agreement 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 "Cn 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 agreement 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 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. 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 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 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 AsWandjODOT 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 B, Right of Way Services, shall be added to this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands 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-clay 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, preliminarylfinal 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, Oity 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 no1llimited 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 PEr 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 AshlandjODOT 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 made 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 retracement 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, easement, 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 ofter. 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 appropriiate 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 -Oregon TI"\eOUlJre R. Kulong()ski. Go\"t'rnor Oregon Department of TnlDsportation Support Services Procurement Office 455 Airport Rd. SE. Bldg. K Salem, OR: 97301-5348 December 8, 2005 City of Ashland Attn: Paula Brown 27 1/2 Main St. Ashland, OR 97520 Enclosed for your records is a fully executed original of Amendment No.2 of Agreement No. 21139, Congestion Mitigation and Air Quality Project. We have retained a fully executed copy of this Agreement for the Department of Transportation's files. If you have questions, please contact me at (503) 986-6913. Sincerely, ~ ~ ff,rd' Karin Jorgensen, Procurement and Contract Specialist ODOT Procurement Office Enclosure KJ:tt " Misc. Contracts & Agreements NO.:21139 AMENDMENT NO.2 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 and Amendment No. 1 on May 25, 2005. 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 to reduce the project scope. Paragraph 1 of Recitals, Page 1, which reads: 1. Walnut Street, Eureka Street, and "cn Street, are a part of the city street system, under the jurisdiction and control of City. City may enter into an agreement 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. Shall be amended to read: 1. 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 agreement 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 1 of Terms of Agreement, Page 1, which reads: 1. Under such authority, City plans and proposes to pave the following: Walnut Street from Grant Street to Luna Vista Street and Eureka Street and "C" Street from 8th Street to Emerick Street, hereafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. Shall be amended to read: 1. Under such authority, City plans and proposes to pave Eureka Street and "C" Street from 8th Street to Emerick Street, hereafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Revised Exhibit A, and by this reference made a part hereof. <l City of Ashland/State Agreement No. 21139-02 Paragraph 4(d) of Terms of Agreement, which reads: d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the Agreement. Shall be amended to read: d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. Exhibit A is replaced in its entirety by Revised Exhibit A, attached hereto. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. This Project is in the 2004-2007 Statewide Transportation Improvement Program (key #13340) that was approved by the Oregon Transportation Commission on November 17,2003 (or subsequently approved by amendment to the STIP. 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. Day-to-day operations include those activities required to implement the biennial budget approved by the Legislature, including activities to execute a project in the Statewide Transportation Improvement Program. 7 Signature Page to Follow 2 City of Ashland/State Agreement No. 21139-02 On November 10, 2004, the Director of the Oregon Department of Transportation approved Subdelegation Order No.2, in which the Director delegates to the Deputy Director, Highways, the authority to approve and sign agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program. CITY OF ASHLAND, by and through its elected officials By d;L\0 \-\~l"'- Title t~uY -" /[ - ~"b <:> I/ltJUfA (!IU4~ . rlft!iMYi(/ il! zJO(- Date By Title Date By Title Date City Address: City of Ashland Attn: Paula Brown 27 Y2 Main Street Ashland, OR 97520 STATE OF OREGON, by and through its Department of Transportation Date o::...~'S' VAL RECOMMENDED Date Date / ;;) /0 2- ft r--- . . ~~b Date II J n I () <) APPRO/1D AS TO LE9AL SUFFICIENCY By lJ,L. ?( ;; ~ ----~ .. Date: II! t" J ~y . 3 J90> C:(<') Q)~ E~ Q)N ~ 0 C)Z ~ ~ (/) '0 CO ~ ..... c: o U <.5 (/) ~ N o I <en .....~ -"f"" mN i:' )(0 wZ 0"'" wZ tnW -:E >w Ww 0:::0::: C) < l'. f$ IoIl.L-POKUO I : ~~~ J i~OWOk ~ i'% a )flitd~~ ~ I ,~ ~ ,#' , . 3 ~./''t-+ ~ ~~ i "../~iiUl ,. tllelt ~. : ! / -/ ~'j I<~ '-'-7" GlI wncrN'1/'V" i lS I .....1- , 1 : on IlOlBH~mg' :'~H... .IMUH_ ~I ~.~,1I'UU_~' :~ ~ .t~" ' -..,.~ '2 i .. Q!;4>", ~ l~ . .." . 't1K~O~nv:J I ~. tIIMMnOIII t .ltlIIlv - I l.::/ ~ '_E .. I ~~wu GI'tlClItt g IMUHOW. -:OMYQ1 ~~ /-1 I UIIW21I' t "O"\.1..Yl ~ I ; ~ . I ::-outHtU1 :1 ~lIIIO:l ; t1'AOlIN I I Ii sf ..(met; NN.lt I M:IV38 .... ~ ~ 3 ,',1 'i ij .~ . ~ J J I ~ " S~.i1 CITY RECC)RDER, Page 1 / 1 rA' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 rm~-=-.I VENDOR: 001104 OREGON DEPT OF TRANSPORTATION 355 CAPITOL STREET NE RM#434 SALEM, OR 97301 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No City match for the Ashland PavinQ Proiect AQreement 21139 "C" and Eureka Street PavinQ for ConQestion MitiQation Air Quality Grant 80,000.00 Exempt BeQinninQ date: May 1, 2005 Completion date: July 1,2008 Proiect 2005-33 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 00.00 0.00 0.00 80,000.00 E 260.08.12.00.70420 E 260.08.35.00.70420 AA<< ~--~~ ~07 orized Signature' VENDOR COPY CITY Of ASHLAND REQUISITION No. PW - FY 2008 Department Public Works Vendor ODOT 355 CAPITOL STREET NE RM 434 SALEM OR 97301-3872 Account No. 260.08.35.00.704200 260.08.12.00.704200 Date September 6, 2007 Requested Delivery Date ASAP Deliver To DAWN LAMB Via PAULABROWN 18% (' Note: please allow approximately two(2) weeks for delivery "" itemS not 82% generally caried in stored, and approximately two (2) months on printing jobs.) . I Item No. Quantity Unit Description Use of PurchasiAA Office Only Unit Price Total Price PONo. City match for the Ashland Paving Project Agreement 21139 C and Eureka Street Paving for Congestion $80,000.00 Mitigation Air Quality Grant TOTAL $ - $80,000 for Karl: BID IRFP I EXEMPT: Exempt Contract Start Date: May 1, 2005 ContraCt Completion Date: July 1, 2008 InSurance on file: YES NO I I PrOject No: 2905c33 I I Job No. Unit No. I hereby certify that the above itemS an: necessary for the operation of this department and an: budgeted - Issued By Date Received By r.\, !k12-~'1 ~ r ~ CO t.J i.Je.-t L. I~ i>><o~_e~ao/ ~~~~~~ ,~ :.,,~. \., Scp 1 ~ 200.7 1.\j 1\... ~ L --..., ,<~ , \' ~., y l\ _) ,1 . .......-:::7--~\ ~~/...:~ a- ..."",..-,- G:\pUb-wrl<s\eng\dept_adminIENGINEERIPROJEC1\200S\oS-28 ODOT C Eureka Requisition.xls