HomeMy WebLinkAboutIGA with ODOT for I-5 to Scenic - Retain 20 years Misc. Contracts and Agreements
No. 33335
INTERGOVERNMENTAL AGREEMENT
OR99: 1-5 to Scenic Ave.
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"
or"ODOT;"the City of Central Point, acting by and through its elected officials, hereinafter
referred to as "City:" and Jackson County, by and through its Board of Commissioners,
hereinafter referred to as"County", all herein referred to individually or collectively as"Party"
or"Parties."
RECITALS
1. Rogue Valley Highway No. 63 (OR 99), is a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission (OTC). Scenic
Avenue west of OR 99 is a part of the County road system under the jurisdiction and
control of County. Scenic Avenue east of OR 99 is a part of the City street system
under the jurisdiction and control of City.
2. By the authority granted in Oregon Revised Statutes (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.
3. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
4. By the authority granted in ORS 810.210, State is authorized to determine the
character or type of traffic control devices to be used, and to place or erect them upon
state highways at places where State deems necessary for the safe and expeditious
control of traffic. No traffic control devices shall be erected, maintained, or operated
upon any state highway by any authority other than State, except with its written
approval. Traffic signal work on this Project will conform to the current State standards
and specifications.
5. By the authority granted in ORS 366.425, State may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State. When
said money or a letter of credit is deposited, State shall proceed with the Project.
Money so deposited shall be disbursed for the purpose for which it was deposited.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
Key No. 20185
03-02-15
City/County/State
Agreement No. 33335
TERMS OF AGREEMENT
1. Under such authority, State, City and County agree that State shall design and
construct the OR 99: 1-5 to Scenic Ave. project, hereinafter referred to as "Project".
The Project includes converting the current four (4) lane roadway to a three (3) lane
roadway with a continuous two (2) way left turn lane on OR 99 from MP 0.42 to MP
1.64, install a traffic signal at OR 99/Scenic Avenue intersection, reconstruct a
pedestrian ramp, and upgrade the railroad crossing on Scenic Avenue. 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. Also acting under such authority,
State and City agree to jointly fund the Project as described herein.
2. The Project will be financed at an estimated cost of $3,262,000.00 in federal, state
and City funds. The estimate for the total Project cost is subject to change. Federal
funds for this Project shall be limited to $3,037,235.80. The City contribution for the
Project is $600,000.00. State shall be responsible for all remaining costs, including
the 7.78 percent match for all eligible costs, any nonparticipating costs, and all costs
in excess of the federal and City funds.
3. This Agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as part of the Project. The
useful life is defined as twenty (20) calendar years. The Project shall be completed
within ten (10) calendar years following the date of final execution of this Agreement
by all Parties.
CITY OBLIGATIONS
1. City shall contribute $600,000.00 to the total Project cost. City shall upon receipt of a
fully executed copy of this Agreement and upon subsequent letter of request from
State, forward to State $600,000.00 in one (1) allocated payment of $600,000.00 no
later than December 31, 2021.
2. At completion of Project, City shall be responsible for the maintenance of Scenic
Avenue east of OR 99.
3. All employers, including City, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt under
ORS 656.126. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. City shall ensure that each of its contractors complies
with these requirements.
4. City acknowledges and agrees that State, the Oregon Secretary of State's Office, the
federal government, and their duly authorized representatives shall have access to
the books, documents, papers, and records of City which are directly pertinent to the
specific Agreement for the purpose of making audit, examination, excerpts, and
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transcripts for a period of six(6) years after completion of Project. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
5. City 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 279C 505, 279C.515, 279C.520, 279C.530 and
2796.270 incorporated herein by reference and made a part hereof. Without limiting
the generality of the foregoing, City 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.
6. City certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of City, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind City.
7. City's Project Manager for this Project is Matt Samitore, Parks and Public Works
Director,140 South Third Street, Central Point, OR 97502, 541-664-3321 ext. 205,
matt.samitore@centralpointoregon.gov, or assigned designee upon individual's
absence. City shall notify the other Parties in writing of any contact information
changes during the term of this Agreement.
COUNTY OBLIGATIONS
1. At completion of Project, County shall be responsible for the maintenance of Scenic
Avenue west of OR 99.
2. County grants State the right to enter onto County right of way for the performance of
duties as set forth in this Agreement.
3. County grants State, and or its contractors, the right to enter onto and occupy County
right of way within the Project limits for the performance of field work, construction,
signal install, as well as future maintenance of traffic signal, connections and
equipment.
4. All employers, including County, 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. Employers Liability insurance with coverage limits of not less than
$500,000 must be included. County shall ensure that each of its subcontractors
complies with these requirements.
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5. County shall perform the service under this Agreement as an independent contractor
and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this Agreement including, but not
limited to, retirement contributions, workers' compensation, unemployment taxes, and
state and federal income tax withholdings.
6. County 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 279C 505, 2790.515, 2790.520, 279C.530 and
279B.270 incorporated herein by reference and made a part hereof. Without limiting
the generality of the foregoing, City 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.
7. County certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of County, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind County.
8. County's Project Manager for this Project is Mike Kuntz, County Engineer, 200
Antelope Road, White City, OR 97503, 541-774-6228, kuntz@jacksoncounty.org, or
assigned designee upon individual's absence. County shall notify the other Parties in
writing of any contact information changes during the term of this Agreement.
STATE OBLIGATIONS
1. State shall be responsible for 100 percent of power costs associated with the
luminaires installed as a part of this Project. State shall require the power company
to send invoices directly to State.
2. State shall be responsible for and pay to the power company 100 percent of the power
costs for the traffic signal. State shall require the power company to send invoices
directly to State.
3. State shall maintain the asphaltic concrete pavement surrounding the vehicle detector
loops installed in the Scenic Avenue West of OR99 a County road in such a manner
as to provide adequate protection for said detector loops.
4. State shall, upon signal turn on and proper operation, perform all necessary
maintenance of said traffic signals, control the timing established for operation of the
traffic signals and pay for maintenance and power costs for the traffic signals.
5. State shall, upon execution of the agreement, forward to City a letter of request for an
advance deposit or irrevocable letter of credit in the amount of $600,000.00 for
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payment of Scenic Avenue. The contribution payment of$600,000.00 is scheduled no
later than December 31, 2021.
6. State, or its consultant, shall conduct the necessary field surveys, environmental
studies, traffic investigations, preliminary engineering and design work required to
produce and provide a rail crossing order, final plans, specifications and cost
estimates for the highway Project; identify and obtain all required permits; perform all
construction engineering, including all required materials testing and quality
documentation; prepare all bid and contract documents; advertise for construction bid
proposals; award all contracts; pay all contractor costs, provide technical inspection,
project management services and other necessary functions for sole administration of
the construction contract entered into for this Project.
7. State shall be responsible for all costs associated with construction and installation of
the Project beyond the City's contribution.
8. State shall be responsible for illumination, signing, inspection, turn-on and signal
timing.
9. State shall cause to be relocated or reconstructed, all privately or publicly owned utility
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 for the portions of the Project which are on Scenic Avenue.
10.State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
11.State's Project Manager for this Project is Richard Randleman, Project Leader, 100
Antelope Road, White City, OR 97503, 541-864-8828,
Richard.randleman@odot.state.or.us, or assigned designee upon individual's
absence. State shall notify the other Parties in writing of any contact information
changes during the term of this Agreement.
GENERAL PROVISIONS
1. Americans with Disabilities Act Compliance:
a. When the Project scope includes work on sidewalks, curb ramps, or
pedestrian-activated signals or triggers an obligation to address curb ramps
or pedestrian signals, the Parties shall:
i. Utilize ODOT standards to assess and ensure Project compliance with Section
504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of
1990 as amended (together, "ADA"), including ensuring that all sidewalks, curb
ramps, and pedestrian-activated signals meet current ODOT Highway Design
Manual standards;
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ii. Follow ODOT's processes for design, construction, or alteration of sidewalks,
curb ramps, and pedestrian-activated signals, including using the ODOT
Highway Design Manual, ODOT Design Exception process, ODOT Standard
Drawings, ODOT Construction Specifications, providing a temporary
pedestrian accessible route plan and current ODOT Curb Ramp Inspection
form; and
iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form
734-5020 to the address on the foram as well as to State's Project Manager for
each curb ramp constructed or altered as part of the Project. The completed
form is the documentation required to show that each curb ramp meets ODOT
standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form
and instructions are available at the following address:
httos://www.oreqon.qov/ODOT/Engineering/Pages/Accessibilitv.asox
b. County shall ensure that any portions of the Project under County's maintenance
jurisdiction are maintained in compliance with the ADA throughout the useful life
of the Project. This includes, but is not limited to, County ensuring that:
i. Pedestrian access is maintained as required by the ADA,
ii. Any complaints received by County identifying sidewalk, curb ramp, or
pedestrian-activated signal safety or access issues are promptly evaluated and
addressed,
iii. County, or abutting property owner, pursuant to local code provisions, performs
any repair or removal of obstructions needed to maintain the facility in
compliance with the ADA requirements that were in effect at the time the facility
was constructed or altered,
iv. Any future alteration work on Project or Project features during the useful life
of the Project complies with the ADA requirements in effect at the time the
future alteration work is performed, and
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
c. Maintenance obligations in this section shall survive termination of this Agreement.
2. This Agreement may be terminated by all Parties upon thirty (30) days' notice, in
writing and delivered by certified mail or in person.
3. State may terminate this Agreement effective upon delivery of written notice to City or
County, or at such later date as may be established by State, under any of the
following conditions:
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a. If City or County fails to provide services called for by this Agreement
within the time specified herein or any extension thereof.
b. If City or County 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 ten (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 sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this 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.
4. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
5. In the event of a termination of this Agreement, resulting in the termination of the
Project, the Parties agree the City shall be refunded any portion of their contribution
which was not expended as of the date of termination.
6. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against any Party
with respect to which the other Parties may have liability, the notified Party must
promptly notify the other Parties in writing of the Third Party Claim and deliver to the
other Parties a copy of the claim, process, and all legal pleadings with respect to the
Third Party Claim. All Parties are entitled to participate in the defense of a Third Party
Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by
a Party of the notice and copies required in this paragraph and meaningful opportunity
for the Party to participate in the investigation, defense and settlement of the Third
Party Claim with counsel of its own choosing are conditions precedent to that Party's
liability with respect to the Third Party Claim.
7. With respect to a Third Party Claim for which State is jointly liable with another Party
or Parties (or would be if joined in the Third Party Claim), State shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by the other
Party(ies) in such proportion as is appropriate to reflect the relative fault of State on
the one hand and of the other Party(ies) on the other hand in connection with the
events which resulted in such expenses, judgments, fines or settlement amounts, as
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Agreement No. 33335
well as any other relevant equitable considerations. The relative fault of State on the
one hand and of the other Party(ies) on the other hand shall be determined by
reference to, among other things, the Parties' relative intent, knowledge, access to
information and opportunity to correct or prevent the circumstances resulting in such
expenses, judgments, fines or settlement amounts. State's contribution amount in any
instance is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability
in the proceeding.
8. With respect to a Third Party Claim for which City is jointly liable with another Party or
Parties (or would be if joined in the Third Party Claim), City shall contribute to the
amount of expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by the other
Party(ies) in such proportion as is appropriate to reflect the relative fault of City on the
one hand and of the other Party(ies) on the other hand in connection with the events
which resulted in such expenses, judgments, fines or settlement amounts, as well as
any other relevant equitable considerations. The relative fault of City on the one hand
and of the other Party(ies) on the other hand shall be determined by reference to,
among other things, the Parties' relative intent, knowledge, access to information and
opportunity to correct or prevent the circumstances resulting in such expenses,
judgments, fines or settlement amounts. City's contribution amount in any instance is
capped to the same extent it would have been capped under Oregon law, including
the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the
proceeding.
9. With respect to a Third Party Claim for which County is jointly liable with another Party
or Parties (or would be if joined in the Third Party Claim), County shall contribute to
the amount of expenses (including attorneys' fees), judgments, fines and amounts
paid in settlement actually and reasonably incurred and paid or payable by the other
Party(ies) in such proportion as is appropriate to reflect the relative fault of County on
the one hand and of the other Party(ies) on the other hand in connection with the
events which resulted in such expenses, judgments, fines or settlement amounts, as
well as any other relevant equitable considerations. The relative fault of County on the
one hand and of the other Party(ies) on the other hand shall be determined by
reference to, among other things, the Parties' relative intent, knowledge, access to
information and opportunity to correct or prevent the circumstances resulting in such
expenses, judgments, fines or settlement amounts. County's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon
law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability
in the proceeding.
10.The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
11.This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
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Agreement No. 33335
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Agreement so executed shall constitute an original.
12.This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind any
Party unless in writing and signed by all 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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its terms
and conditions.
This Project is in the 2018-2021 Statewide Transportation Improvement Program, (Key
#20185) that was adopted by the Oregon Transportation Commission on March 21, 2012
(or subsequently approved by amendment to the STIP).
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City/County/State
Agreement No. 33335
CITY OF CENTRAL POINT, by and through STATE OF OREGON, by and through
elected officials its Department of Transportation
By ( By
Date /3-/& /C1 Highway Division Administrator
Date
By
APPROVAL RECOMMENDED
Date
By
APPROVED AS TO LEGAL SUFFICIENCY Region 3 Manager
By Date
Counse
5�- 1' /9 By
Date Region 3 Traffic Manager
JACKSON COUNTY, by and through its Date
Board of Commissioners
By
By State Traffic/Roadway Engineer
Danny Jordan, County Administrator
Date
Date
APPROVED AS TO LEGAL
By SUFFICIENCY
Date By Rachel Bertoni Via-Email
Assistant Attorney General
By
Date Date 8/1/19
APPROVED AS TO LEGAL SUFFICIENCY
By
Counsel
Date
10
Clty/County/State
Agreement No. 33336
CITY OF CENTRAL POINT,by and through STATE OF OREGON,by and through
elected officials its Department�Tr.
/'' (�1 ' poRstion
ey ('.G�c.� By �(,� A
Date &/5-/ 1 Highway Di Ision7,ministrator
ey— - -
Date l3 I
Date` Y- APPRO CO LA/DED
APPROVED AS TO LEGAL SUFFICIENCYBy r
�, Regprf 3 Manager
By �(-/' Date g'2,-17
Date . i- l9 By- � �Region 3 T,$tic Manager
JACK N COUNTY,by and through its Date gf 3/i'1 /
Board f C ommis6' nom �'' j
Danny Jorda n Administrator S fftclRoeydw Ichgl
Date ,t� . r/ i Date e/ 7�C
r /
APPROVED AS TO LEGAL
By SUFFICIENCY
Date By Rachel amen!Vla-Emalt
By Assistant Attorney General
Date Date__ 11/1/19
APPROVED AS TO LEGAL SUFFICIENCY
By /.
Counsel
Date r, • I Z i r 1
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City/County/State
Agreement No. 33335
City Contact: State Contact:
Matt Samitore Richard Randleman
Parks and Public Works Director Project Leader
140 South Third Street 100 Antelope Road
Central Point, OR 97502 White City, OR 97503
541-664-3321 ext. 205 541-864-8828
Matt.samitoreCa centraloointoreaon.aov richard.randleman@odot.state.or.us
County Contact:
Mike Kuntz
County Engineer
200 Antelope Road
White City, OR 97503
541-774-6228
kuntzm@jacksoncounty.org
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City/County/State
Agreement No. 33335
EXHIBIT A— Project Location Map
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