HomeMy WebLinkAboutItem 04 AIS for 2022 Slurry SealAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
4/4/2022
Regular Meeting
Amanda Clinton
541-726-3628
Consent Calendar
Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: 2022 SLURRY SEAL INTERGOVERNMENTAL AGREEMENT (IGA)
ACTION
APPROVE OR REJECT THE FOLLOWING MOTION: APPROVE THE 2022
REQUESTED:
SLURRY SEAL INTERGOVERNMENTAL AGREEMENT (CITY CONTRACT
#3027) BETWEEN THE CITY OF SPRINGFIELD AND LANE COUNTY. AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY.
ISSUE
Staff seeks Council authorization for the City Manager to execute the
STATEMENT:
Intergovernmental Agreement for the 2022 Slurry Seal IGA with Lane County. The
total estimated cost of the project is $208,353.54 with construction anticipated this
coming summer.
ATTACHMENTS:
1. Intergovernmental Agreement
2. 2022 Slurry Seal Roads & Maps
DISCUSSION/
When the state transportation package (HB 2017) went into effect, and the City
FINANCIAL
realized an increase in apportionment from the State, a portion of the increase
IMPACT:
($150,000) has been transferred annually to the Street Capital Fund with the intent
to facilitate the preservation of local streets. Currently the estimated total of the
funds set aside for FY23 is $318,583, and the City will partner again with Lane
County to conduct slurry seal preservation work this summer. This partnership has
allowed the City to realize economic benefits and efficiencies in the management of
the project. This Intergovernmental Agreement formalizes roles and conditions for
both the City and Lane County. The list of residential streets that will receive slurry
seal treatment is included and Exhibit A in the agreement.
INTERGOVERNMENTAL AGREEMENT (IGA) (Contract Form A-2,07/01/2021)
2022 LANE COUNTY SLURRY SEAL WITH CITY OF SPRINGFIELD, C#3027
This Agreement is entered into by and between Lane County, a political subdivision of the State of Oregon
("County"), and City of Springfield ("Agency"), each a "party," and referred to collectively in this Agreement as "the
parties." County and Agency agree as follows:
1. RECITALS
1.1 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 or all functions and activities that a party to the agreements,
its officers, or agents, have authority to perform.
1.2 County will be performing slurry seal applications on County -owned streets within the Springfield area
and Agency has requested that County include Agency -owned streets in the slurry seal work.
2. SCOPE OF AGREEMENT
2.1 County will:
2.1.1 Provide slurry seal applications to certain Agency -owned streets as shown in Exhibit A (List of
City of Springfield Streets and Map) in the Springfield area during the summer of 2022, herein
referred to as "Project."
2.1.2 Provide Agency an Engineer's Estimate (Exhibit B) for Agency's portion of costs prior to bid
letting.
2.1.3 Provide administrative services to include design, bid and award, residential notifications, and
utility coordination and notifications.
2.1.4 Provide contract administration, inspections services, final as-builts, and cost accounting for
each Agency street within Project.
2.1.5 Comply with all requirements under ORS Chapter 279C regarding the solicitation and award of
the public improvement contracts and payment of prevailing wage rates.
2.2 Agency will:
2.2.1 Provide written authorization to County to award Agency -portion of contract prior to final award
by County.
2.2.2 Compensate County for its portion of slurry seal application costs (construction costs) based on
Project unit bid costs applicable to Agency -owned streets. Lump sum bid items including, but
not limited to Mobilization, Temporary Protection & Direction of Traffic (TP&DT), and Traffic
Control Supervisor (TCS) will be pro -rated based upon the percentage of Agency's portion of
entire Project.
2.2.3 Compensate County an additional 16% of its total Project construction costs for County's
administration, design, and inspections services.
3. DOCUMENTS FORMING THE AGREEMENT
3.1 The Agreement. The Agreement consists of this document and all exhibits listed below, which are
incorporated into this Agreement by this reference.
3.2 Exhibits. With this document, the following exhibits are incorporated into the Agreement:
• Exhibit A List of City of Springfield Streets & Map
• Exhibit B Engineer's Estimate
4. CONSIDERATION AND PAYMENT
4.1 County's Payment Obligations
4.1.1 Invoice Agency for services upon completion of Project.
4.2 Agency's Payment Obligations
4.2.1 Reimburse County within 30 days of receipt of final invoice up to an estimate amount of
$208,353.54. Actual costs to be determined by the contract bid estimate.
5. EFFECTIVE DATE AND DURATION
5.1 Effective Date. Upon the signature of all parties, this Agreement is effective.
LC Contract Form A-2, Intergovernmental Agreement, rev. 07/01/2021
Attachment 1, Page 1 of 5
5.2 Duration. Unless extended or terminated earlier in accordance with its terms, this Agreement will
terminate October 31, 2022. However, such expiration shall not extinguish or prejudice either party's
right to enforce this Agreement with respect to any breach or default in performance which has not been
cured.
6. AUTHORIZED REPRESENTATIVES AND NOTICE. Each of the parties designates the following individuals as its
authorized representative for administration of this Agreement. Either party may designate a new authorized
representative by written notice to the other.
6.1 County's Authorized Representative. Peggy Keppler, PE, County Engineer, (541) 682-6990,
Peggy. keppler@lanecountyor.gov, 3040 North Delta Highway, Eugene OR 97408.
6.2 Agency's Authorized Representative. Kristi Krueger, PE, Managing Civil Engineer (Capital Engineering
Program Manager), (541) 726-4584, 225 Fifth Street, Springfield OR 97477, kkrueger@springfield-or.gov.
Any notice, demand, consent, approval, or other communication to be given under this Agreement must be in
writing and provided by email addressed to the party's authorized representative, except as provided below in
this section. However, if, in either party's discretion, email is not the most appropriate method for providing
notice, then notice may be provided by personal delivery; certified mail, postage prepaid, return receipt
requested; or nationally recognized overnight courier. The effective date of notice shall be: for notice by email,
the date and time sent if sent between the hours of 8 am and 5 pm, otherwise effective at 8am the following
Business Day; for notice delivered in person, the date and time of delivery; for notice by U.S. mail, three days
after the date of certification; and for notice by overnight courier, the next business day after deposit with the
courier. If no representative is identified in this section, notice may be given to the person executing the
Agreement on behalf of that party below.
7. SPECIAL CONDITIONS
7.1 Minimum Wage Rates. This Contract is subject to Federal Executive Order 14026 requiring that workers
working on or in connection with a Federal Government contract be paid an hourly minimum wage of
$15.00. All workers not subject to the Federal minimum wage must be paid not less than the Oregon
minimum wage for their work location.
7.2 Compliance with Coronavirus Guidelines, Laws, Rules, and Orders. Each of the parties is aware of the
COVID-19 emergency and agrees that it is and will remain familiar with the CDC prevention guidelines
and with federal, state, and local laws, rules, and orders regarding COVID-19 throughout the term of this
Agreement, and will take all necessary precautions relating to COVID-19, including those set out in the
guidelines, laws, rules, and orders described in this paragraph. The parties have anticipated the costs of
compliance with the present guidelines, rules, laws, and orders prior to entering into this Agreement,
and that no claim will be made by either party for such compliance. However, in the event that after the
effective date of this Agreement the COVID-19 guidelines, laws, rules, and orders are changed in such a
way as to adversely affect the parties' ability to carry out their obligations under this Agreement, either
party so affected must give notice to the other party of any potential need to modify the Agreement to
accommodate or respond to such changes in the guidelines, laws, rules, and orders.
8. INDEMNIFICATION. To the extent permitted by the Oregon Constitution, and to the extent permitted by the
Oregon Tort Claims Act, each party agrees to indemnify, defend, and hold harmless the other party and its
officers, employees, and agents from and against all damages, losses and expenses, including but not limited to
attorney fees and costs related to litigation, and to defend all claims, proceedings, lawsuits, and judgments
arising out of or resulting from the indemnifying party's negligence in the performance of or failure to perform
under this Agreement.
9. PUBLIC BODY STATUS. In providing the services specified in this Agreement (and any associated services) both
parties are public bodies and maintain their public body status as specified in ORS 30.260. Both parties
understand and acknowledge that each retains all immunities and privileges granted them by the Oregon Tort
Claims Act (ORS 30.260 through 30.295) and any and all other statutory rights granted as a result of their status
as local public bodies.
10. MODIFICATION AND TERMINATION.
LC Contract Form A-2, Intergovernmental Agreement, rev. 07/01/2021
Attachment 1, Page 2 of 5
10.1 Modification. No modification or amendment to this Agreement will bind either party unless in writing
and signed by both parties.
10.2 Termination. The parties may jointly agree to terminate this Agreement at any time by written
agreement.
10.3 Non -Appropriation. Each of the parties certifies that it has sufficient funds currently authorized for
expenditure to finance the costs of this Agreement for the period within the current budget; however,
the parties understand and agree that, if a party does not appropriate funds for the next succeeding fiscal
year to continue payments otherwise required by the Agreement, this Agreement will terminate at the
end of the last fiscal year for which payments have been appropriated. The non -appropriating party will
notify the other party of such non -appropriation not later than 30 days before the beginning of the year
within which funds are not appropriated. Upon termination pursuant to this clause, neither party will
have a further obligation for payments beyond the termination date.
11. MISCELLANEOUS PROVISIONS
11.1 Disputes. The parties are required to exert every effort to cooperatively resolve any disagreements that
may arise under this Agreement. This may be done at any management level, including at a level higher
than the persons directly responsible for administration of the Agreement. In the event that the parties
alone are unable to resolve any conflict under this Agreement, they are encouraged to resolve their
differences through mediation or other cooperative dispute resolution process.
11.2 Waiver. Failure of either party to enforce any provision of the Agreement does not constitute a waiver
or relinquishment by the party of the right to such performance in the future nor of the right to enforce
that or any other provision of this Agreement.
11.3 Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any
law, the validity of the remaining terms and provisions are not affected; and the rights and obligations
of the parties are to be construed and enforced as if the Agreement did not contain the particular
provision held to be invalid.
11.4 Governing Law, Forum, and Venue. All matters in dispute between the parties to this Agreement arising
from or relating to the Agreement, including without limitation alleged tort or violation, are governed
by, construed, and enforced in accordance with the laws of the State of Oregon without regard to
principles of conflict of laws. This section does not constitute a waiver by County of any form of defense
or immunity, whether governmental immunity or otherwise, from any claim or from the jurisdiction of
any court. All disputes and litigation arising out of this Agreement will be decided by the state or federal
courts of Oregon. Venue for all disputes and litigation will be in Lane County, Oregon.
11.5 Time is of the Essence. The parties agree that time is of the essence with respect to all provisions of this
Agreement.
11.6 No Third -Party Beneficiaries. County and Agency are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives or may be construed to give or
provide any benefit or right to third persons, either directly or indirectly, that is greater than the rights
and benefits enjoyed by the general public, unless that party is identified by name in this Agreement.
11.7 Headings. The headings and captions in this Agreement are for reference and identification purposes
only and may not be used to construe the meaning or to interpret the Agreement.
11.8 Force Majeure. Neither party will be held responsible for delay or default due to force majeure acts,
events, or occurrences, including but not limited to fires, riots, wars, and epidemics, unless such delay or
default could have been avoided by the exercise of reasonable care, prudence, foresight, and diligence
by that party.
11.9 Multiple Counterparts. This Agreement and any subsequent amendments may be executed in several
counterparts, facsimile or otherwise, all of which when taken together will constitute one agreement
binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Agreement and any amendments so executed will constitute an original.
11.10 Merger and Construction. This Agreement contains the entire agreement of County and Agency with
respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and
understandings. This Agreement is the result of bilateral negotiations between the parties, and the
provisions of this Agreement are to be interpreted and their legal effects determined as a whole, with
no part to be construed against the drafter of such part.
LC Contract Form A-2, Intergovernmental Agreement, rev. 07/01/2021
Attachment 1, Page 3 of 5
11.11 Compliance with Law, ADA. County and Agency agree to comply with all federal, state and local laws
applicable to the parties or the subject matter of this Agreement. During the performance of this
Agreement, the parties will comply with all applicable provisions of the Americans with Disabilities Act
of 1990, 42 USC Section 12101 et seq., and Section 504 of the Rehabilitation Act of 1973.
SIGNATURES FOLLOW ON NEXT PAGE
LC Contract Form A-2, Intergovernmental Agreement, rev. 07/01/2021
Attachment 1, Page 4 of 5
EACH PARTY, BY EXECUTION OF THIS AGREEMENT, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
AGENCY:
CITY OF SPRINGFIELD
By:
Name/Title: Nancy Newton, City Manager
Date:
Address:
225 Fifth Street
Springfield OR 97477
REVIEWED & APPROVED
AS TO FORM
KrGatuza-Kracr��
DATE:
SPRINGFIELD CITY ATTORNEY'S OFFICE
COUNTY:
LANE COUNTY
By:
Name/Title: Steve Mokrohisky, County Administrator
Date:
Lane County, Public Service Building
125 E. 8th Avenue
Eugene, Oregon 97401
LC Contract Form A-2, Intergovernmental Agreement, rev. 07/01/2021
Attachment 1, Page 5 of 5
EXHIBIT A
ROAD NAME
FROM
TO
LENGTH
(MILES)
SLURRY SEAL
TYPE II
(SY)
PAVEMENT BAR
(SF)
PAVEMENT LEGENDS
(EA)
(See Note 1 & 2)
8TH ST
Q ST
T ST
0.229
3354
0
0
9TH ST
FUCHSIA ST
R ST
0.049
71S
0
0
9TH ST
T ST
NORTHRIDGE AVE
0.094
1373
0
0
10TH ST
Q ST
T ST
0.217
3186
0
0
15TH ST
Q ST
15TH ST
0.416
6103
0
0
17TH ST
S ST
RAMBLING DR
0.162
2374
0
0
ASPEN ST
ASPEN ST
KELLOGG RD
0.078
1144
0
0
CANAL ST
POLTAVA ST
WALNUT PL
0.104
1527
0
0
CARRIAGE PL
17TH ST
CARRIAGE PL
0.096
1411
0
0
DIAMOND ST
POLTAVA ST
DIAMOND ST
0.025
363
0
0
DIAMOND ST
DIAMOND ST
POLTAVA ST
0.035
519
0
0
DIAMOND ST
RAINBOW DR
DIAMOND ST
0.128
1879
0
0
DIAMOND ST
DIAMOND ST
DIAMOND ST
0.066
969
0
0
DOTIE DR
ANDERSON LN
DOTIE DR
0.104
1519
0
0
FUCHSIA ST
9TH ST
10TH ST
0.072
1058
0
0
KELLOGG RD
ASPEN ST
OAK MEADOWS PL
0.155
2277
0
0
KELLY BLVD
W D ST
W CENTENNIAL BLVD
0.544
7986
0
0
KIEV ST
KIEV ST
POLTAVA ST
0.036
523
0
0
MARILYN CT
RAINBOW DR
MARILYN CT
0.071
1040
0
0
OAK MEADOWS PL
KELLOGG RD
OAK MEADOWS PL
0.145
2121
0
0
0KSANNA ST
ASPEN ST
POLTAVA ST
0.115
1681
0
0
POLTAVA ST
WALNUT RD
KELLOGG RD
0.273
4001
0
0
R ST
8TH ST
10TH ST
0.159
2326
0
0
RAINTREE WAY
RAINBOW DR
RAINTREE WAY
0.072
1063
0
0
RAMBLING DR
15TH ST
RAMBLING DR
0.031
448
0
0
RIVERSTONE LANE
9TH ST
RIVERSTONE LANE
0.164
2410
0
0
S ST
8TH ST
10TH ST
0.163
2391
0
0
T ST
T ST
7TH ST
1.023
14997
0
0
W E ST
MILL ST
KELLY BLVD
0.124
1818
0
0
W F ST
MILL ST
KELLY BLVD
0.110
1610
0
0
W G ST
MILL ST
KELLY BLVD
0.111
1621
0
0
W H ST
MILL ST
KELLY BLVD
0.126
1853
0
0
W I ST
MILL ST
KELLY BLVD
0.146
2136
0
0
W J ST
MILL ST
KELLY BLVD
0.157
2306
0
0
W KST
MILL ST
KELLY BLVD
0.167
2452
0
0
WALNUT RD
ASPEN ST
POLTAVA ST
0.120
1763
0
0
WATER ST
W D ST
W CENTENNIAL BLVD
0.524
7682
0
0
WIMBLEDON PL
WINDSOR CT
WIMBLEDON PL
0.144
2110
0
0
WINDSOR CT
ASPEN ST
WINDSOR CT
0.061
895
0
0
SPRINGFIELD ROADS TOTAL
6.614
97,003
0
0
Attachment 2, Page 1 of 6
EXHIBIT A
Attachment 2, Page 2 of 6
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2022 LANE COUNTY SLURRY SEAL
CITY OF SPRINGFIELD ESTIMATE
Bid Item
Item
Forecasted
Unit Cost
1
Mobilization (8%)
$33,860.37
2
Temporary Work Zone Traffic Control, Complete (2%)
$8,465.09
3
Traffic Control Supervisor
$300.00
4
Slurry Seal, Type II
$1.53
EXHIBIT B
366399404
Springfield
Measured
Cost
0.351
$11,873.17
0.351
$2,968.29
0.351
$2,103.91
97,003.00
$148,414.59
Total
Contingency 10%
Contract
Administration 16%
Adj. T
$165,359.95
$16,536.00
$26,457.59
$208,353.54
Attachment 2, Page 6 of 6
H:\Eng\fld\INSPECTION\2022 Projects\21.22-xx 2022 Slurry Seal\21.22-xx 2022 Slurry - 12 Plans & Specs\Estimate\2022 Slurry Master Cost Estimate Worksheet-01.26.2022.xlsx