Loading...
HomeMy WebLinkAbout1971-002 Agrmt - Wightman Walker Siskiyou T-b RU:ljt 3/5/70 7/20/71 T O P I C S A G R E E M E N T THIS AGREEMENT, made and entered into by and between the STATE OF OREGON, by and through its State Highway Commission, hereinafter called "State," and the CITY OF ASHLAND , a municipal corporation of the State of Oregon, by and through its City officials, hereinafter called "City"; W I T N E S S E T H: RECITALS: ' 1. That Title 23, U.S.C., entitled "Highways," provides among other things that Federal funds shall be made available to the various states for the purpose of providing a continuing program within urban areas designed to reduce traffic congestion and to faciritate the flow of traffic. This urban traffic operations program to increase capacity and safety is henceforth referred to as "TOPICS." Under the program set up in the administration of said act, said Federal funds, hereinafter called TOPICS funds, have been made available to the City and include matching funds of State and City as well as Federal funds. 2. Also, under the program set up in the administration of said act, each Urban Area is required to develop a plan for traffic operations improvements within an area based on comprehensive traffic engineering studies of the arterials within that area, hereinafter called "Areawide TOPICS Plan," which may designate major arterials as additions to the Federal Aid highway system. 3. Under ORS 366.730, State shall enter into such contracts, appoint such officers, and do any other act or thing necessary to meet the requirements of the United States and its officers acting under the Federal statutes con- cerning highways or Federal Aid. Under ORS 366.775 and ORS 373.030, State and City may enter into agreements for the construction, reconstruction, improve- ment, or repair of any street, highway, or road upon such terms and conditions as are mutually agreeable; and State may, with the consent of City, change the grade of any street, highway, or road over which state highway traffic is routed. Under such authority, State proposes and plans to construct the Wightman Street-Walker Avenue (Ashland) Section project on Siskiyou Boulevarc. The location and limits of said construction are approximately as shown on the attached print(s) marked Exhibit A, and by this reference made a part hereof. Said construction shall be a Federal Aid TOPICS project under Title 23, U.S.C., and has been designated Oregon Project T-5002(2) T-b 4. Recognizing the benefits which will accrue to the residents of the City by reason of this project, and to promote the safety and welfare of the public in general, City and State are desirous of entering into this agreement in order to accomplish successfully the project described herein, and to that end State shall contribute Federal Aid and State funds, and City shall contribute City funds, as hereinafter set forth. NOW, THEREFORE, the premises being in general as stated in the fore- going RECITALS, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY STATE: 1. State hereby approves the RECITALS herein, Exhibit A, THINGS TO BE DONE BY CITY, and all other provisions of this agreement. ' 2. State shall prepare all plans, let and award all contracts, and supervise the construction of the Wightman Street-Walker Avenue (Ashland) Sectio_n_proiect on Siskivou Boulevard. Hereinafter the construction of said section will be called "project." The said project shall consist of the installation of a multiple-phase pretimed traffic control signal on Siskiyou Boulevard at Ashland Street; revision of the existing traffic control signal on Siskiyou Boulevard at Wightman Street; interconnection of the two traffic control signals; and revision of the channelization on Siskiyou Boulevard to provide turn refuges. 3. State in the first instance shall pay all costs of the project, collect Federal Aid funds from the Federal Highway Administration in the usual manner, and furnish City with an itemized statement of the actual cost of the project as soon as the same is available. It is understood that the actual total cost of the project shall include preliminary engineering costs, contract items, construction engineering costs, and all contingency items as reflected on State's cost records. 4. State shall pay for and contribute toward the project as provided in Paragraph 1 of the GENERAL PROVISIONS of this agreement. 5. State shall, at City's request, furnish City with descriptions of all real property required for right-of-way purposes in connection with the project. 6. State shall, at its sole cost, acquire any real property necessary for right-of-way purposes in connection with the project, if the project and the acquisition are on a state highway. 7. State shall, upon receipt from City of an itemized statement in triplicate of such expenses, reimburse City for the reasonable expenses incurred -2- by City in relocating or extending any CITY-OWNED UTILITY conduits, lines, poles, mains, pipes and such other FACILITIES LOCATED WITHIN OR UPON THE RIGHT-OF-WAY OF A STATE HIGHWAY, where such relocation or extension is necessary to conform said facilities to the plans for the project; EXCEPT THAT in the event such facilities are located within or upon the right-of-way of a state highway UNDER A PERMIT issued by the State Highway Commission, the . expense of relocating or extending such facilities shall be borne as provided in such permit. 8. State shall arrange for the relocation, without cost to City, of all PRIVATELY OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY OF A STATE HIGHWAY, where such right-of-way is OWNED BY THE STATE, where such relocation is necessary to conform the facilities to the plans for the project. 9. State shall, without cost to the City, relocate or cause to be relocated all PRIVATELY-OWNED or CITY-OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED ON PRIVATELY-OWNED PROPERTY, where such relocation is primarily necessary to improve or benefit a state highway and to conform said facilities to the plans for the project. THINGS TO BE DONE BY CITY: 1. City hereby approves the RECITALS herein, Exhibit A, THINGS TO BE DONE BY STATE, and all other provisions of this agreement. 2. City hereby represents to State that it has developed and received approval of its Areawide TOPICS Plan of which this project is a priority thereof; or has such a plan underway and expects to receive approval of the plan within eighteen (18) months, of which this project is expected to be a priority thereof. 3. City shall, at its sole cost, do everything necessary to acquire any real property.necessary for right-of-way purposes in connection with the project and shall certify to State five weeks prior to bid opening that all rights-of-way have been acquired. If, however, the acquisition of any real property is on a state highway, the State shall acquire the right- of-way at its sole cost. 4. City shall pay for and contribute toward the project as pro- vided in Paragraph 1 of the GENERAL PROVISIONS of this agreement. 5. City's share of the actual total cost of the project shall be paid for in the following manner: a. City shall deposit with State a sum of money equal to 208 of the estimated total cost of the project or the TOPICS fund, whichever is the lesser. If, however, the TOPICS fund is the lesser, City shall, in addition to said 208 deposit / with State a sum of money equal to 1008 of the amount by which the estimated total cost of the project exceeds the TOPICS fund. -3- T-b The "estimated total cost of the project," as that term is used herein, means preliminary engineering, plus the total sum of all bid items as contained in the low acceptable bid, plus all additional anticipated items, and plus 1458 of said bid and additional anticipated items for construction engi- neering and contingencies. b. City shall deposit the sum of money provided for in Paragraph 5a above, under THINGS TO BE DONE BY CITY, prior to awarding of any contracts and within 10 days after demand by State. c. When the actual total cost figures of the project are available, State shall furnish City with an itemized state- ment of said actual total cost, and an adjustment in City's share of the cost shall be made in accordance with the terms set forth in Paragraph 1 of the GENERAL PROVISIONS of-this agreement. 6. City hereby represents to State that it fully recognizes the responsibility for assuring that TOPICS improvements are adequately operated and maintained and that failure to fulfill its responsibilities in this regard will disqualify the City from future Federal Aid participation, until such time as deficiencies in regulations or maintenance are brought to a level satisfactory to the State and Federal government. Therefore, City hereby agrees to: a. Either establish and maintain a traffic engineering unit or will make such other arrangements as will guarantee the proper maintenance and operation of the traffic operations improvements installed under this project for which the City has jurisdiction and responsibility. b. Enact and enforce or keep in effect and enforce traffic regulations necessary for the operation of the network de- veloped under the Areawide TOPICS Plan. c. Provide that all signs and traffic control devices and other protective structures erected on or in connection with the project, including those installed at the sole cost and expense of the City or others, will be in conformity with the Oregon Manual on Uniform Traffic Control Devices. d. Permit parallel.parking only within the limits of TOPICS improvements and regulate or prohibit all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic or to elimin- ate hazardous conditions. e. Not permit any encroachments upon any portion of the project which will cause more than a temporary obstruction to the free and convenient flow of traffic; and shall not impose any unreasonable limitations of speeds, nor impose any -4- regulations which shall unduly hinder the safe and efficient movement of traffic within the limits of the project. f. Obtain concurrence of State before making any changes in traffic and parking regulations, unless the City has a functioning traffic engineering unit with authority for the establishment of on-street parking regulations and for the granting of entrance permits. 7. City agrees to comply with applicable Federal Aid Highway Acts and Regulations of the Bureau of Public Roads in the initiation and accomplishment of TOPICS improvements. 8. City agrees that should it cancel a project, it will pay to State any cost that has been incurred by State in behalf of the project. 9. City shall relocate or cause to be relocated without cost to the State all PRIVATELY-OWNED OR CITY-OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED within the limits of the City UPON CITY STREETS OR OTHER PUBLIC WAYS, OTHER THAN STATE HIGHWAYS, where such relocation is necessary to conform said facilities to the plans for the project. 10. City shall, at its own initial cost and upon request by State, relocate or extend those City-owned utility facilities described in paragraph 7 under THINGS TO BE DONE BY STATE, subject to reimbursement as therein provided. 11. City shall, without cost to State, relocate or cause to be relocated all CITY-OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED WITHIN OR UPON THE RIGHT-OF-WAY OF A STATE HIGHWAY UNDER A PERMIT issued by the State Highway Commission upon condition that the permittee will bear the cost of any relocation. 12. City shall, without cost to State, relocate or c-;Ise to be relocated all PRIVATELY-OWNED OR CITY-OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED ON PRIVATE PROPERTY, where such relocation is primarily necessary to improve or benefit a city street on a Federal Aid system and to conform said facilities to the plans for the project. 13. City shall, without cost to State, relocate or cause to be relocated all PRIVATELY-OWNED UTILITY conduits, lines, poles, mains, pipes, and other such FACILITIES LOCATED WITHIN OR UPON STATE HIGHWAYS WHICH HAVE BEEN ROUTED OVER CITY STREETS, where such relocation is necessary to conform said facilities to the plans for the project. 14. City shall certify to State five weeks prior to bid opening that the occupancy and/or adjustment of existing utilities within the right-of-way of the project have been authorized by permit, franchise, or other approved procedures. 15. City shall obtain State's concurrence: and/or approval of any new utility installations within the rights-of-way of the project. -5- T-b 16. City', prior to commencement of any construction, shall record data.that indicates traffic operation conditions existing prior to consfruct!r6n, such as accidents, accident rates, capacity, travel speed, travel time, delays, etc.; and within one year after completion of the project shall report to State any changes in these indicators resulting from the improvement. 17. City shall adopt an ordinance or resolution, as the case may be, authorizing its City Officials to enter into this agreement, and the same shall be made a part hereof and attached hereto. GENERAL PROVISIONS: 1. It is expressly understood that the parties hereto shall pay for and contribute to the actual total cost of the project as follows: State and City shall each pay 508 of the difference between the actual total cost of the project, providing said cost does not exceed the TOPICS fund, and the amount contributed towards the cost of the project by the Federal Government. If, however, the TOPICS fund is less than the actual total cost of the project, City shall, in addition to said 508, pay 1008 of the amount by which the actual total cost of the project exceeds the TOPICS fund. It is further understood and agreed that unless State and City have a specific written agreement to the contrary, City shall pay 1008 of the cost of any items of the project in which the Federal Government does not participate with its Federal Aid funds. 2. State and City recognize the provisions of ORS 373.030 and agree that all acts necessary to complete the construction of the project, which may alter or change the grade of City streets or roads, are being accomplished by State at the direct request and consent of City. 3. It is expressly understood by the parties hereto that the City shall be responsible, without cost to State, for maintenance, operation, and the enforcement of traffic regulations regarding all TOPICS improvements, including the maintenance of and the power consumed by traffic signal and illumination installations; except when the TOPICS improvements are on a state highway, in which case the State, without cost to City, shall maintain only the roadway portion of the project. 4. Whenever it is necessary to relocate any privately-owned or City-owned utility conduits, lines, poles, mains, pipes and other such facilities located on private property, and such relocation is necessary to substantially improve or benefit both a State Highway and a City Street on a Federal Aid system and to conform said facilities to the.plans for the project, the reasonable expense of such relocation shall, unless otherwise specifically provided herein, be shared on the following basis: The right-of-way lines of the city streets connecting with the state highway shall be projected to their intersections with the right-of-way line of the state highway. Each of the angles formed by these intersecting right-of-way lines shall be bisected. The area within that half of the bi- sected angle lying adjacent to the city street shall be the responsibility of the City. The area within that half of the bisected angle lying adjacent to the state highway shall be the responsibility of the State. The cost of relocating any facilities occupying the areas of responsibility of both City and State shall be shared proportionately by City and State on the basis of their location before construction. Where such relocation involves privately-owned facilities the work shall, in the first instance, be done or caused to be done by the State. -6- T-b Where such relocation involves City-owned facilities, the work shall, in the first instance, be done by the City. In either such case, the party doing or causing the work to be done in the first instance shall, upon completion of such work, submit to the other party an itemized statement in triplicate of the reasonable expense of such work. The said other pa ty shall thereupon reimburse the party accomplishing the work in the first instance on the basis hereinabove set forth. 5. Whenever it is necessary to acquire right-of-way for a project to substantially improve or benefit both a state highway and a city street on a Federal Aid system, the sharing of the cost of acquisition of right- of-way shall be determined by bisecting the angle of the intersection of the present right-of-way boundaries, by the method as explained in Paragraph 4 above, and that proportion of right-of-way acquisition adjacent to each party's facility shall be its obligation. IN WITNESS'WHEREOF, the parties hereto have caused this agreement to signed by their respective officials and have caused their respective seals to be affixed hereto as of the day and year hereinafter written. The City Council on the /7 R day of 1971 , adopted Resolution No. 71-,?2 or Ordinance No. as the case may be, which authorized its City Officials to enter into this agreement. The project, the basis for the within agreement, was approved by the Oregon State Highway Commission on May 4 , 19 71 , at which time the Secretary for the Commission was authorized and directed to sign the within agreement for and on behalf of the Commission. Said authority is set forth in Volume Ap , Page 36118&9, Minute Book of the Oregon State Highway Commission. APPROVED: Assistant State Highway Engineer Floyd Query Secretary Date Q 0 - 26 -71 CITY OF ASHLAND , Oregon, by and through its City Officials j By tZ60 Mayor By Recorder 7/20/71 -7- R PROPOSED TOPICS ``t A oa PROJECT 99 C.wY b~ w ` e O a~I~ •1 I A. 'T Y. u _ I M _a_ ~ •L•- i t`t~~o ,•E~ EEN PflINGJ ,MW V. N .2110_ 17 o cuwEw °f I oq rrI •VI ° a_ ~o f .mm~a c I r ~•4 ~ J _ ..vl. w eH Hr: Rrx E . I~^ Ji CEw - L e n - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - HONEST. - rt.cn UbF[..V i Iun,eS 1 _ I I~~. ~ it I $ I 22 Z3 rJ~ I SIGNED ROUTES LEGEND ASHLAND rvrvwuE JACKSON COUNTY. OREGON + P.Wollro I Nblle 01d, w. oo i 6cb°ai L•-C1ry H.I: D1.EGOR STATE HIGHWAY DEPARrwaNr T CDHD Hw mm E XHIBi S owE DD • R. P. DrOn1 `-A.mop y .r...oa n•..•c ww a"m S.1«1 °G_M. nn.rl. vewlaw. I IAGo drdlvmrd but na °pen. ffi07L-I. SIdod ar SrH IInIW D.awnbr• 19.5 U.TS l RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND RECORDER TO EXECUTE A.CONTRACT WITH THE OREGON STATE HIGHWAY DIVISION FOR TOPICS PROJECT T-S002(2). WHEREAS the City Council, on April 6, 1971, authorized the application to the Oregon State Highway Department for a TOPICS project for access control on Siskiyou Boulevard, from Wightman to Walker Avenues; and WHEREAS the Oregon State Highway Division has proposed an agreement to prepare plans, let and award contracts, and supervise the construction of the above improve- ments; and WHEREAS it is desirable to have the services of the State to do the necessary work in implementing this plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF ASHLAND: 1. ! The Common Council hereby approves the form of said contract proposed by the State Highway Division. 2. The Mayor and City Recorder are hereby._authoi'ized and directed to execute said agreement as attached hereto and marked "Exhibit A". 3. ' The staff is hereby directed to deposit the necessary sums provided in the agreement with the State Highway Division; and the Director of Public Works is directed to wort with the State officials in developing plans for the project within the budgeted TOPICS funds. The foregoing ordinance was first read, and passed to. a second reading at a regular meeting of the Common Council held on the 3rd day of August, 1971, and duly adopted on the day of „'.:,v? 1971, the vote being as follows: ✓Ayes: Nays: APPROVED Charles H. McKeetn C- Mayor ATTEST: W. E. Bartlclt City Recorder 'r 9 F Q~ OREGON STATE HIGHWAY DIVISION 59 HIGHWAY BUILDING • SALEM, OREGON • 97310 August 27, 1971 City of Ashland City Hall Ashland, Oregon 97520 Attention: W. E. Bartelt City Recorder Gentlemen: Attached for your records is a fully executed copy of a TOPICS agreement pertaining to the Wightman Street-Walker Avenue (Ashland) Section Project on the Siskiyou Boulevard. ~r We have retained a fully executed copy of this agreement for the Commission's files. Very t y yZsz Floyd ery, Secret y OREGON STATE HIGHWAY COMMISSION fkn Att.