HomeMy WebLinkAboutItem 09 Oregon Department of Transportation Flexible Service Maintenance Agreement
AGENDA ITEM SUMMARY Meeting Date: May 21, 2007
Meeting Type: Regular Session
Department: Public W orks~. I ~
Staff Contact: Len Goodwin
S P R I N G FIE L D Staff Phone No: 726-3685
C I T Y C 0 U N C I L Estimated Time: Consent Calendar
ITEM TITLE: OREGON DEPARTMENT OF TRANSPORTATION FLEXIBLE
SERVICE MAINTENANCE AGREEMENT
ACTION
REQUESTED:
Approve or disapprove a motion to adopt and approve the Main Street Areas
of Joint Responsibilities Matrix and to authorize the City Manager to
execute the Flexible Service Maintenance Agreement with the Oregon
Department of Transportation ("ODOT").
ISSUE
STATEMENT:
At the City's request, ODOT provided emergency snow removal service last
winter. At the time, we discovered that no formal arrangement had been
entered into allowing for exchange of service and cost sharing. ODOT has
prepared its standard form of Flexible Service Maintenance Agreement to
formalize the existing relationship.
ATTACHMENTS: A.:
B.:
Proposed Flexible Service Maintenance Agreement
Areas of Joint Responsibilities Matrix for Main Street.
DISCUSSION/
FINANCIAL
IMP ACT:
Last winter the City requested assistance from ODOT in removing an
unanticipated heavy snowfall. ODOT provided the service, but then we both
discovered that there was no formal arrangement between the two agencies.
The proposed agreement codifies existing practice. The Agreement provides
that each party will make available any equipment or staff that the other
requires, to the extent practical, when the other party has unusual needs,
such as an emergency situation. When requests are made, the requesting
party will reimburse the party providing the support for all direct and
indirect costs.
It is important to note that the agreement would not change the long-standing
understanding between the two agencies with respect to the maintenance of
Main Street. As you recall, when the issue of storm drainage maintenance
arose two years ago, staff discovered that while the agencies had agreed on
an allocation of responsibilities and costs, that allocation had not, apparently
been formalized. To assure that there are not future misunderstandings, staff
recommends that, in conjunction with authorizing this Agreement, the
Council take formal action to adopt and approve the Areas of Joint
Responsibilities matrix.
March 19, 2007
Misc. Contracts & Agreements
No. 23,952
FLEXIBLE SERVICE MAINTENANCE AGREEMENT
City of Springfield
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 SPRINGFIELD, acting by and through its elected officials, hereinafter
referred to as "Agency", collectively referred to as the "parties."
RECITALS
1. By the authority granted in ORS 190.110, 366.572, 366.574 and 366.576, State may
enter into cooperative agreements with the counties, cities and units of local
governments for the pertormance of work on certain types of maintenance or
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
-'
2. State and Agency have determined that it is both to their mutual benefit and to the
general public's benefit if they jointly utilize State and Agency highway maintenance
resources, including equipment and operators.
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, State and Agency desire to enter into this Agreement to share
road and highway maintenance services including patching, shouldering, ditching,
sweeping, vegetation control, brushing, signing, landscaping, striping, bridge repair,
guardrail repair, winter maintenance activities, hazardous material spills, and
drainage.
2. The tasks associated with the highway maintenance responsibilities referred to
above are as defined in the current editions of the Oregon Department of
Transportation Maintenance Field Operations Manual, Maintenance Management
System (MMS) Manual, and the Routine Road Maintenance Water Quality and
Habitat Guide, Best Management Practices Manual which by these references are
incorporated herein. The Work Order Authorization shall include MMS Activity
numbers. Other maintenance services may be included as defined on the Work
Order Authorization by a MMS Activity number from the current manual edition.
Attachment A, Page 1 of 10
City of Springfield / ODOT
. Agreement No. 23,952
3. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate four (4) calendar years following the date all required
signatures are obtained.
4. This Agreement may be modified by mutual consent of both parties and upon
execution of amendments to this Agreement stating said modifications. If the total
cost of this Agreement or individual Work Order Authorization exceeds $100,000,
the Department of Justice must review and approve any amendments and/or Work
Order Authorizations prior to performance of any work.
SCOPE OF WORK
1. State's District Manager, or designee, may request maintenance services from
Agency on an as-needed basis for work performed on State-owned and maintained
highways and highway right of way. Maintenance service requests shall be a written
request in the form of a Work Order Authorization, attached hereto as Exhibit A and
made a part of this Agreement. The Work Order Authorization may be signed by
State's District Manager, or designee. Each Work Order Authorization that is
issue~ pursuant to this Agreement shall become a part of this Agreement. Both
parties shall sign the Work Order Authorization before commencement of work.
Under emergency conditions, the Work Order Authorization may be faxed. Both
parties shall sign the faxed Work Order Authorization before work begins. An
original signed Work Order Authorization shall be completed and returned to the
originating party within ten (10) working days.
2. Agency may request maintenance services from State on an as-needed basis for
work performed on city-owned and maintained city streets and city right of way.
Maintenance service requests shall be a written request in the form of a Work Order
Authorization, as shown on Exhibit A. The Work Order Authorization may be signed
by the Street Supervisor, or designee. Each Work Order Authorization that is issued
pursuant to this Agreement shall become a part of this Agreement. Both parties
shall sign the Work Order Authorization before commencement of work. Under
emergency conditions, the Work Order Authorization may be faxed. Both parties
shall sign the faxed Work Order Authorization before work begins. An original signed
Work Order Authorization shall be completed and returned to the originating party
. within ten (10) working days.
3. State shall provide instructions to Agency employees concerning work to be
performed under the Work Order Authorization, and Agency shall direct and
supervise its employees who are assigned to assist State.
4. Agency shall provide instructions to State's employees concerning work to be
performed under the Work Order Authorization, and State shall direct and supervise
its employees who are assigned to assist Agency.
Attachment A, Page 2 of 10
City of Springfield / ODOT
Agreement No. 23,952
REIMBURSEMENT INSTRUCTIONS
1. State shall track all costs incurred while performing road maintenance on the city
street system, for rental of maintenance equipment, or for the use of materials
provided by Agency. This shall be done by accumulating cost for equipment and
services in an expenditure account unique to this Agreement. State's District
Manager, or designee, shall be responsible for monitoring this expenditure account.
The State's cost for labor and equipment will be based on State's rate used for its
internal financial management of personnel and equipment. State's District
Manager, or designee, shall keep Agency informed of those incurred costs by
submitting a monthly statement of account.
2. State shall quarterly total all costs due based on the monthly statement of accounts
sent to Agency and submit an invoice to Agency. Payment shall be made within
forty-five (45) days from receipt of the invoice. Billings shall be submitted to Brian
Conlon, Street Supervisor, City of Springfield, 201 S 18th, Springfield, Oregon
97477.
3. Under no condition shall State's total obligation for payments exceed $60,000
($15,000 each state fiscal year) during the term of this Agreement.
4. Agency shall track all costs incurred while performing road maintenance on the state
highway system, for rental of maintenance equipment, or for the use of materials
provided by State. Agency costs for labor and equipment will be based on the
Agency's rates used for its internal financial management of personnel and
equipment. Agency shall keep State's District Manager, or designee informed of
those incurred costs by submitting a monthly statement of account.
5. Agency shall quarterly total all costs due based on the monthly statements of
accounts sent to State and submit an invoice to State for payment within 45 days
from receipt of the invoice. Billings shall be submitted to: Department of
Transportation, 644 'A' Street, Springfield, Oregon 97477-4609.
6. Under no condition shall Agency's total obligation for payments exceed $60,000
($15,000 each state fiscal year) during the term of this Agreement.
EXPENDITURE AUTHORIZATION
1. 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. State shall
not be indebted or liable for any obligation created by this Agreement in excess of
the debt limitation of Article XI, Section 7, of the Oregon Constitution. State shall
Attachment A, Page 3 of 10
City of Springfield / ODOT
Agreement No. 23,952
not assume any debts of Agency in violation of Article XI, Section 8, of the Oregon
Constitution.
2. Agency certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
Agency's current appropriation or limitation of the current biennial budget. Agency
shall not be indebted or liable for any obligation created by this Agreement in excess
of the debt limitation of Article XI, Section 10, of the Oregon Constitution.
3. Neither State nor Agency shall be liable for any expenditures under this Agreement .
without proper appropriation pursuant to ORS Chapter 291 and ORS Chapter 294
respectively.
EQUIPMENT AND SERVICES
1. Each party shall make available to the other party vehicles, equipment, machinery,
employees, related items and services in the manner and on the terms and
conditions provided herein.
2. Services and equipment shall be provided upon reasonable request at mutually
convenient times and locations. Each party retains the right to refuse to honor a
request if the services or equipment are needed for other purposes, if providing the
equipment would be unduly inconvenient or if for any other reason the party
determines in good faith that it is not in its best interest to provide a particular item
or service at the requested time. It is up to the discretion of the party providing the
equipment ("owner") whether an operator is provided with the equipment.
3. The party receiving the equipment ("user") shall take proper precaution in its
operation, storage, and maintenance. Equipment shall be used only for its intended
purpose. User shall permit the equipment to be used only by properly trained and
supervised operators and shall be responsible for equipment repairs necessitated by
misuse or negligent operation. User shall perform and document required written
maintenance checks _ prior to and after use and shall provide routine daily
maintenance of equipment during the period in which the equipment is in user's
possession. User shall not, however, be responsible for scheduled maintenance or
repairs other than repairs necessitated by misuse or negligent operation.
4. If a piece of equipment requires repair while in use, a State mechanic and a Agency
mechanic shall assess the problem and, in consultation with each other, determine
which party is responsible for repair. In the event an Agreement cannot be reached,
State's District Manager or designee and Agency shall determine the responsible
party.
5. The entity providing the equipment ("provider") shall endeavor to provide equipment
in good working order and to inform user of any information reasonably necessary
for the proper operation of the equipment. The equipment, however, is provided "as
Attachment A, Page 4 of 10
City of Springfield I ODOT
Agreement No. 23,952
is", with no representations or warranties as to its fitness for a particular purpose.
User shall be solely responsible for selecting the proper equipment for its needs and
inspecting equipment prior to use. It is acknowledged by the parties that the
provider is not in the business of selling, leasing, renting, or otherwise providing
equipment to others and that the parties are acting only for their mutual convenience
and efficiency.
6. The parties shall provide equipment storage space to each other, at no charge,
upon rental request when mutually convenient. It is recognized that such storage is
for the benefit of the party requesting it. The party storing the equipment shall be
responsible only for providing a reasonably safe and secure area.
7. _ The user is responsible for any damage to rented equipment considered to be
beyond normal wear and tear.
8. Service and usage times, established for the purpose of record keeping and rental
charges, will begin at the time the equipment and operator leave the owner's shop
or maintenance yard, and end when the equipment and operator return to the
owner's shop or maintenance yard.
9. Both parties shall use their individual internal rental rates for labor and equipment.
These rates may be adjusted only once per State fiscal year.
10. Both parties shall maintain accurate and up-to-date records of all rentals of
equipment and operators. Said records will be kept available for inspection by
representatives of each party for a period of six (6) years following termination of the
Agreement.
11. Both parties shall furnish fuel, maintenance, and insurance for their equipment;
however, fuel for vehicles and equipment shall be provided by the user during the
period in which the equipment or vehicle is in the user's possession.
GENERAL PROVISIONS
1. Both parties hereby grant the other party authority to enter onto each other's right of
way for the purpose of performing the maintenance services as stated on the Work
Order Authorization.
2. Both parties will only assign personnel to work on each other's right of way that have
similar experience on State and Agency right of way.
3. Both parties acknowledge and agree that each party, the Oregon Secretary of
State's office and the federal government and their duly authorized representatives
shall have access to such fiscal records and other books, documents, papers, plans
and writings of each party that are pertinent to this Agreement to perform
Attachment A, Page 5 of 10
City of Springfield / ODOT
Agreement No. 23,952
examinations and audits and make excerpts and transcripts. Both parties shall
retain and keep all files and records for a minimum of six (6) years following
termination of the Agreement.
4. Agency 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 2798.220, 2798.225, 2798.230, 2798.235
and 2798.270 incorporated herein by reference and made a part hereof; Without
limiting the generality of the foregoing, Agency 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
5. Agency represents that this Agreement is signed by personnel who have been
authorized to do so by Agency.
6. State personnel assigned to assist Agency shall not be considered employees of
Agency. Agency personnel assigned to assist State shall not be considered
employees of State. Agency and State shall each be responsible for the following
items in regard to their own employees:
a. Payment of all wages and benefits that its employees are entitled to receive
through their employment including, but not limited to, vacation, holiday and sick
leave; other leaves with pay; medical, dental, life, and accident insurance; other
insurance coverage; overtime; Social Security; Workers' Compensation;
unemployment compensation, and retirement benefits.
b. Withholding Social Security, federal and state taxes, and other regular
deductions from wages paid to employees.
c. Administration of applicable civil service statutes and rules, classification and
compensation plans, collective bargaining agreements, and other laws and
agreements governing personnel relations with employees.
7. The parties to this Agreement are of equal authority. Each party acts independently
in the performance of its obligations and functions under this Agreement, and
neither party is to be considered the agent of the other.
8. To the extent permitted by Article XI, Section 7 and Section 10 of the Oregon
Constitution and by the Oregon Tort Claims Act, each party shall indemnify, within
the limits of the Tort Claims Act, the other party against liability for damage to life or
property arising from the indemnifYing party's own activities under this Agreement,
Attachment A, Page 6 of 10
City of Springfield / OOOT
Agreement No. 23,952
provided that a party will not be required to indemnify the other party for any such
liability arising out of the wrongful acts of employees or agents of that other party.
9. Notwithstanding the foregoing defense obligations under paragraph 8 above, neither
party nor any attorney engaged by either party shall defend any claim in the name of
the other party or any agency/department/division of such other party, nor purport to
act as legal representative 'of the other party or any of its agencies, departments, or
divisions, without the prior written consent of the legal counsel of such other party.
Each party may, at anytime at its election assume its own defense and settlement in
the event that it determines that the other party is prohibited from defending it, or
that other party is not adequately defending its interests, or that an important
governmental principle is at issue or that it is in the best interests of the party to do
so. Each party reserves all rights to, pursue any claims it may have against the other
if it elects to assume its own defense.
10.Allemployers, including both parties, 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. Both parties shall ensure that each of their subcontractors
complies with these requirements.
11. This Agreement may be terminated by mutual written consent of both parties, or by
either party, upon thirty (30) days' written notice. Any termination of this Agreement
shall not prejudice any rights or obligations accrued to the parties prior to
termination.
12. Neither party shall" enter into any subcontracts for any of the work scheduled under
this Agreement without obtaining prior written approval from the other party.
13. 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,
notwithstanding that all parties are not signatories to ~he same. counterpart. Each
copy of this Agreement so executed shall constitute an original. 0. . ',; ..
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IN WITNESS WHEREOF, the parties hereto have set their hands ~Si Qf the day and year
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hereinafter written.' ',... .
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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.
Signature Page to Follow
Attachment A, Page 7 of 10
City of Springfield I ODOT
Agreement No. 23,952
On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer
approved Subdelegation Order No.5, in which the Director, Deputy Director, Highways
and Chief Engineer delegate authority to the Region Managers to approve and sign
intergovernmental agreements over $75,000 up to a maximum of $500,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program (STIP) or in other system plans approved by the Oregon Transportation
Commission, or in a line item in the legislatively adopted biennial budget.
CITY OF SPRINGFIELD, by and through STATE OF OREGON, by and through its
its Elected Officials Department of Transportation
By
By
Region 2 Manager
Title
Date
Date
Approval Recommended
By
By
Region 2 Maintenance and Ops Manager
Title
Date
Date
. Approved As To Form
By \O~~. ~ ~~
Agency Counsel
Date .~ l .~\ f b\
IR1lEVij~fE[Q) ~ A!PrPlR()"r;:,~,
t%~ j~.
~~.~l:J ~I tu'::;L
([Jl~IfJCE OF CITY ATTORNEY
Approved As To Form And As An
Agreement To Agree
By
Assistant Attorney General
Date
Attachment A, Page 8 of 10
WORK ORDER AUTHORIZATION
o State Requesting Agency to Perform Work
o Agency Requesting ~tate to Peiform Work
Agreement No. 23,952 Work Order No.
Under the terms of Agreement No. 23,952 between the Oregon Department of Transportation
(State) and City of Springfield (Agency), which is hereby incorporated by reference, the following
Project work is authorized: .
Project Name: 0 Flexible Maintenance Services
State Work Order Coorpinator: Glenwood Transportation Maintenance Manager
Agency Work Order Coordinator: Street Supervisor, or designee
Total Authorized Amt. this Work Order $
Expenditure Acct. No.:
Work Order Start Date:
Work Order End Date:
Effective Date: No Work shall occur until signed by all parties. State Totals
Expenditure Account No. No.
A. Amount authorized for this Work Order $
B. Amount authorized on prior Work Orders $
C. Total Amount authorized for all Work Orders (A+B=C) $
D. Agreement Not-to-Exceed amount $
E. Amount remainina on Aareement (D-C=E) $
SCOPE OF WORK (tasks, hours per task, estimated cost per task, and staff assigned to do the
work and their hourly rate). Work necessary to complete Project as described in original
Agreement scope of work: (Indicate which services are to be used by checking appropriate
box(es)).
Maintenance Services and Equipment Rental:
o Patching (100-102,107-108) 0 Shouldering (111-112,119) 0 Ditching (120)
o Sweeping (116-117) 0 Vegetation Control (131) 0 Striping (140-141,147)
o Winter Maintenance (170-171,179-181,192) 0 Brushing (132-133) 0 Signing (142-143)
o Landscaping (136) 0 Drainage (121) 0 Guardrail Repair (151)
o Bridge Repair (163, 169) DHazardous Material Spills (149)
o Equipment Rental (specify equipment)
General Description of Project:
Attachment A, Page 9 of 10
This Work Order Authorization may be executed in several counterparts (facsimile or otherwise) all of
which when taken together shall constitute one agreement binding on all parties, notwithstanding that all
parties are not signatories to the same counterpart. Each copy of this Work Order Authorization so
executed shall constitute an original. .
ACCEPTANCE OF TERMS AND ACTION APPROVED BY STATE: I acknowledge and
certify that the work in this Work order authorization is within the scope of work of the original
Agreement.
State's District Manager, or designee
Date
. ACCEPTANCE OF TERMS BY LOCAL AGENCY
Street Supervisor, or designee
Date
APPROVED AS TO LEGAL SUFFICIENCY: If work exceeds $100,000, signature required
Asst. Attorney General
Date
cc: District 5 Manager or Glenwood Transportation Maint. Mgr.
Region2 Agreement Coordinator
OPO, Agreement Unit
General Files
EXHIBIT A
Attachment A, Page 10 of 10
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