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HomeMy WebLinkAboutItem 12 Approval of IGA With Lane Countyfor Engineering, Construction and Administrative Activities for the Pioneer Parkway Overlay Project AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL Meeting Date: April 7, 2008 Meeting Type: Regular Meetin . Department: Public Worfs Staff Contact: Jeff Paschal Staff Phone No: 726-1674 Estimated Time: Consent Calendar ITEM TITLE: INTERGOVERNMENTAL AGREEMENT (IGA) WITH LANE COUNTY FOR ENGINEERING, CONSTRUCTION, AND ADMINISTRATIVE ACTIVITIES FOR THE PIONEER P ARKW A Y OVERLAY PROJECT (P20438) 'ACTION REQUESTED: Approval or disapproval of the following motion: APPROVE AN AGREEMENT WITH LANE COUNTY TO PROVIDE ENGINEERING, CONSTRUCTION, AND ADMINISTRATIVE ACTIVITIES AS NEEDED TO CONSTRUCT THE PIONEER PARKWAY OVERLA Y PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. ISSUE STATEMENT: . Staff requires assistance with a full range of engineering, construction and administrative activities for the Pioneer Parkway Overlay project. Council approval. is necessary to allow the City Manager to enter into this agreement with Lane County. ATTACHMENTS: A. Intergovernmental Agreement DISCUSSION/ FINANCIAL IMPACT: Federal Surface Transportation Program (STP) funding of$400,OqO has been allocated for FY 2007 for the Overlay of Pioneer Parkway. This project will effectively preserve both Pioneer Parkway East and West from the new roundabout, at Hayden Bridge Way, to Q Street. This allocation combined with previous allocations will cover the estimated project costs of $840,000. The road segment was identified by our Maintenance Division as a top preservation priority on our collector/arterial transportation system, and is identified in the first year of the City's 2007-2011 CIP. The City's required match funds have also been provided in the FY 2008 budget. Staff has developed an IGA with Lane County Public Works (Attachment A) to provide engineering, construction, and administrative activities. On past STP funded projects the City has utilized the services of a consultant from ODOT's approved list; however staff is proposing to utilize Lane County staff as the County has a similarly funded project (Hayden Bridge Way Project) in the same geographic location, and the County has the ability to deliver the project in- house. Greater efficiency and cost savings for both the County and the City will be the result of effectively combining the engineering, construction, and administrative activities required for the completion of these two separate projects. Staff recommends that Council approve the IGA with Lane County. V:WS Council Draft\04-07-08\P20438 Pioneer Parkway Overlay IGA AIS.doc IJ INTERGOVERNMENTAL AGREEMENT City of Springfield and Lane County Pioneer Parkway - Hayden Bridge Way to Q Street Road Improvement Project Project No. STP-15408 THIS AGREEMENT is entered into by and between Lane County, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY, and the City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as ~ CITY. RECITALS 1. ORS 190.010 and the Lane County Home Rule Charter provide that units of local government may enter into agreements for the performance of any and all functions and activities that a party to the agreements, its officers or agents, have authority to perform; and 2. ORS 373.260(1 )(a) provides that counties and cities may enter into intergovernmental agreements for the construction, improvement or repair of, and the acquisition of right-of-way for any county road or city street within the corporate limits of the city; and 3. COUNTY intends to construct an asphalt concrete overlay and pavement rehabilitation project along Harlow and Hayden Bridge Way in 2009 using Federal Aid Surface Transportation Program (STP) funds under Title 23, United States Code; and 4. CITY intends to construct an asphalt concrete overlay and pavement rehabilitation project along the Pioneer Parkway from Hayden Bridge Way to Q Street in 2009 also using Federal Aid Surface Transportation Program (STP) funds under Title 23, United States Code and in conformance with Oregon Department of Transportation . Agreement No. 23,409 (copy attached); and 5. The total cost for CITY Project described in 4 is estimated at $840,000, which is subject to change. STP funds for this Project shall be limited to $400,000. The Project will be financed with STP funds at the maximum allowable federal participating amount, with CITY providing the match and any non-participating costs, including all costs in excess of the available federal funds associated with CITY project as described in 4; and 6. The COUNTY and CITY STP projects are in close geographic proximity and must be constructed to the same federal and state requirements; and 7. Combining the engineering, construction and administrative activities required for completion of these two separate projects as described in 3 and 4 above will result in greater efficiency and cost savings for both the COUNTY and CITY; and Attachment A Page 1 of 5 IGA-City of Springfield and Lane County Pioneer Parkway - Hayden Bridge to Q Street Road Improvement Project Page 2 of 5 8. CITY agrees that COUNTY has the necessary personnel and other resources necessary to provide design and construction services to construct the a$phalt concrete overlay and pavement rehabilitation project defined in Local Agency Agreement No. '23,409 for the Surface Transportation Program - Urban, Federal Aid Key No. 13424, also known as Pioneer Parkway: Hayden Bridge Way - Q Street (Springfield), hereinafter called the PROJECT; and . 9. CITY agrees PROJECT should be designed and constructed by COUNTY, and agreesto pay COUNTY for all PROJECT work and expenses as described in 5 above; and Now therefore based on foregoing recitals COUNTY and CITY agree as follows: AGREEMENTS COUNTY AGREES TO: 1. Perform preliminary engineering activities, conduct the necessary field surveys, environmental studies, traffic investigations, foundation explorations, and hydraulic studies, 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 necessary to complete OOOT PS&E (Plans, Specifications, and Estimate) delivery to OOOT's Specifications, Estimating, and Office of Pre-Letting (SEOPL) for PROJECT. 2. Upon State's award of the construction contract, perform all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract. COUNTY shall be the sole contact for the successful bidder for all contract issues. 3. Coordinate PROJECT activities with CITY, so that CITY can ensure compliance with their pre-existing Local Agency Agreement No. 23,409 with the Oregon Department of Transportation (ODOT), regarding the PROJECT. 4. Charge to the CITY for the performance of those services in paragraphs 1-3 immediately above, up to a maximum allowable amount of $180,000, the estimated. preliminary and construction engineering cost for this PROJECT. Perform services and charge additional amounts in excess of the $180,000 limitation only with a signed amendment to this agreement. The estimated additional engineering, consulting and project manager services required above the $180,000 limitation is $0. Invoice CITY on a monthly basis for any and all engineering, consulting and project manager costs as described above. Any COUNTY obtained consulting services will be CITY approved and for the purpose' of enhancing efficiency. Attachment 2 of 5 IGA-City of Springfield and Lane County Pioneer Parkway - Hayden Bridge to Q Street Road Improvement Project Page 3 of5 CITY AGREES TO: 1. Provide to COUNTY, copy of CITY/State Local Agency Agreement, approved project prospectus, and any prior engineering analysis, calculations, or estimates prepared for PROJECT. 2. Designate a staff representative to coordinate activities with COUNTY personnel assigned to PROJECT. 3. Transfer funds to COUNTY upon receipt of invoices, for services performed by COUNTY and described in the "COUNTY AGREES TO" section of this agreement,. All invoices to be paid within 60 days of receipt. 4. Comply with all requirements of the CITY'S Local Agency Agreement with the State of Oregon, No. 23,409, except where the COUNTY is solely responsible for performance as set forth under the "County Agrees To" section of this agreement. 5. Cooperate with COUNTY in regard to (including but not limited to) construction administration and management issues. Delegate authority to COUNTY for (including but not limited to) review and approval of construction contract change orders and extra work up to $25,000 per occurrence on PROJECT work, up to the contingency amount established in the Contract Authorization at the time of construction contract award. COUNTY shall discuss all change orders and extra work with the CITY'S project representative prior to authorizing work. COUNTY shall report change orders and extra work changes greater than $5,000 on PROJECT work to the CITY within two weeks of their approval. 6. Continue jurisdiction and maintenance responsibility for the Pioneer Parkway throughout and after completion of PROJECT. BOTH PARTIES AGREE: 1. Jointly approve contract plans, specifications and documents prior to submission to St~te for bidding. It is expressly understood that the PROJECT documents will be prepared in accordance with ODOT/Oregon Standard Specifications. 2. COUNTY and CITY will meet at least monthly to review PROJECT scope, schedule and budget and make changes as necessary to control project scope, schedule and budget within the limits prescribed in this agreement and to meet the requirements of the CITY'S agreement with the State of Oregon, No. 23,409. 3. Upon completion of the PROJECT jointly inspect for acceptance. 4. The parties shall exert every effort to cooperatively resolve any disagreements they may have under this Agreement. In the event that the parties alone are unable to resolve any conflict under this Agreement, they agree to present their disagreements to a mutually selected mediator. Each party shall bear its own costs for mediation and the parties shall share the cost of the mediator. This procedure shall be Attachment 3 of 5 IGA-City of Springfield and Lane County Pioneer Parkway - Hayden Bridge to Q Street Road Improvement Project Page 4 of 5 followed to its conclusion prior to either party seeking relief from a court, except in the case of an emergency. If the dispute remains unresolved through mediation, the parties may agree in writing to submit the dispute to arbitration, using such arbitration process as they may choose at the time and which includes the following conditions: a) The location of the arbitration shall be in Eugene, Oregon; b) Each party shall bear its own costs (except arbitration filing costs), witness fees, and attorney fees; c) Arbitration filing costs and any arbitrator's fees will be divided equally between the parties; and d) Judgment upon award rendered by the Arbitrator may be entered in a court in Lane County, Oregon. 6. To the extent allowable by the Oregon Constitution and limitations of the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and save the other harmless from 'any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. 7. ' The term of this agreement commences upon the date of the final execution thereof and terminates three years from the execution date unless mutually agreed by both parties to extend the termination date. 8.. Either party may, at any time, upon 60 days prior written notice, terminate this Agreement for any reason. However, any such termination shall be without prejudice to any liabilities or obligations of any part already accrued as of receipt of the written notice. The parties may also terminate this agreement if federal, state, or local laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or a party is prohibited from paying for such work from the planned funding source. The date of the termination shall be no later than the effective date of the change in the law. 9. This agreement constitutes the entire agreement between the COUNTY and CITY on the subject matter hereof. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both the COUNTY and CITY. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The delay or failure of the Board to enforce any provision of this agreement shall not constitute a waiver by the COUNTY of that provision or any other provision. CITY, by the signature below of its authorized representative, hereby acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. ********* Attachment 4 of 5 IGA-City of Springfield and Lane County Pioneer Parkway - Hayden Bridge to Q Street Road Improvement Project Page 5 of 5 CITY OF SPRINGFIELD LANE COUNTY By: By: Gino Grimaldi Jeff Spartz Title: County Administrator Date: Title: City Manager Date: Address for Notice: City of Springfield 225 North 5th Street Springfield, OR 97477 Address for Notice: Lane County Public Works 3040N. Delta Highway Eugene, OR 97408 APPROVED AS TO FORM Date~ \, (Ob City of Springfield ~\~ j \.cA~ APPROVED AS TO FORM Date Lane County City Attorney Office of Legal Counsel Attachment A Page 5 of 5