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HomeMy WebLinkAbout2002-064 Agrmt - ODOT - No 19017July 11, 2002 Misc. Contracts & Agreements No. 19017 TRAFFIC SIGNAL MAINTENANCE AGREEMENT CITY OF ASHLAND 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 "ODOT"; and the CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter referred to as "City". WITNESSETH RECITALS 1. By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT may enter into cooperative agreements with the various counties and cities 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. 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. This agreement shall cover the electrical, maintenance and timing responsibilities of the traffic signals and flashing beacons identified in Exhibit A, attached hereto and by this reference made a part hereof. 2. The traffic signals listed and flashing beacons in Unit I of Exhibit A are part of the City's system under the jurisdiction and control of the City. 3. The traffic signals listed in Unit 2 of Exhibit A are part of ODOT's highway system under the jurisdiction and control of ODOT. 4. This agreement will cover the electrical and maintenance responsibilities of the traffic signals identified in Exhibit A. The total cost of the maintenance of traffic signals and flashing beacons listed in Unit 1 of Exhibit A shall not exceed $1500 per traffic signal, per year. The total cost of the State's share of maintenance costs Agreement No. 19017 Signal Maintenance - Ashland obligated under this agreement shall not exceed $120,000 in State Funds during the term of this Agreement. Said cost is subject to review for inflation, and any changes shall be by a fully executed amendment, signed by both parties. Maintenance does not include repairs performed on an emergency basis; emergency costs shall be the liability of the party that has jurisdiction of the respective traffic signal or flashing beacon. In addition, maintenance does not include repairs that are a result of a construction project, said construction costs shall be addressed under separate agreements. 5. This agreement shall become effective on the date all required signatures are obtained and shall terminate on February 28, 2012. 6. This agreement shall supercede portions of any and all previous agreements relating to electrical and maintenance responsibilities of the traffic signals and flashing beacons identified in Exhibit A. Upon execution of this agreement, the above-mentioned agreements shall be deemed terminated. CITY OBLIGATIONS 1. City hereby grants ODOT the right to enter onto and occupy city right-of-way for the performance of necessary maintenance for the traffic signal and flashing beacon equipment, including detector loops and illumination affixed to or powered from the traffic signals or flashing beacons. 2. City shall retain ownership of traffic signals and flashing beacons outlined in Unit 1 of Exhibit A. 3. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City street in such a manner as to provide adequate protection for said detector loops. Damage, if any, caused from City road projects shall be the responsibility of the City. 4. Electrical Payments: City shall pay for 100 percent of electrical energy consumed in the daily operation of the traffic signals and flashing beacons in Units 1 & 2 of Exhibit A. 5. Maintenance Payments: City shall, upon receipt of itemized monthly billing from ODOT, reimburse ODOT for 100 percent of maintenance and timing costs of traffic signals and flashing beacons listed in Unit I of Exhibit A. Said payments shall be within 45 days of receipt of invoice. 6. City shall enter into and execute this agreement during a duly authorized session of its City Council. 2 Agreement No. 19017 Signal Maintenance - Ashland ODOT OBLIGATIONS 1. ODOT shall perform all necessary maintenance and timing of traffic signals and flashing beacons located at the intersections listed in Units 1, & 2 of Exhibit A. 2. ODO-I- shall retain ownership of traffic signals and flashing beacons outlined in Unit 2 of Exhibit A. ODOT shall be responsible for the timing of these traffic signals. 3. ODOT shall pay all maintenance costs of traffic signals and flashing beacons outlined in Unit 2. 4. ODOT shall initially pay all maintenance costs of traffic signals and flashing beacons outlined in Unit 1 in an amount not to exceed $1500 per signal per year. Said maintenance costs do not cover emergencies or construction projects. 5. On a monthly basis, ODOT shall submit billings to City for actual costs incurred for work performed under this agreement for traffic signals and flashing beacons listed in Unit 1. Payments shall be made within forty-five (45) days of the invoice date. Payments shall be submitted to Accounts Receivable, 355 Capitol St NE, Transportation Building, Room 434, Salem, OR 97301. GENERAL PROVISIONS 1. Both parties, their consultants or subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers' Compensation coverage for all their subject workers. Both parties shall ensure that each of its contractors complies with these requirements. 2. Both parties 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 279.312, 279.314, 279.316, 279.320 and 279.555, which is incorporated herein by reference. Without limiting the generality of the foregoing, City and ODOT expressly agree to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (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. 3. Each party shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the other party, that other party's governing body, their officers and employees, from any and all 3 Agreement No. 19017 Signal Maintenance - Ashland claims and other liabilities which may arise in the performance of this agreement, except claims and liabilities based on negligence or other tortious conduct by the other party or its officers or employees acting within the scope of their employment or duties as contemplated under the Oregon Tort Claims Act. 4. This agreement may be terminated by mutual consent of both parties, upon 30 days' notice, in writing and delivered by certified mail or in person. 5. ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT, under any of the following conditions: a) If City fails to reimburse ODOT for the maintenance costs of the traffic signals and flashing beacons or fails to pay for electrical energy. b) If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to perform the provisions of this agreement. c) 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 if ODOT is prohibited from paying for such work from the planned funding source. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 6. City may terminate this agreement effective upon delivery of written notice to ODOT, or at such later date as may be established by City, if ODOT fails to perform the work provided for under this agreement, within 30 days' written notice from City of such failure to perform, if such failure is not remedied within that time. 7. Both parties acknowledge and agree that each party, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of both parties which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by the requesting party. The City's access to ODOT's records is subject to the Oregon public records laws. 8. This agreement and the attached exhibit 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. 4 Agreement No. 190 ! 7 Signal Maintenance - Ashland No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both 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 ODOT to enforce any provision of this agreement shall not constitute a waiver by ODOT of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. Agreement No. 19017 Signal Maintenance - Ashland The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director grants authority to the Region Managers for their respective Region, to approve and execute agreements up to $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, other system plans approved by the Commission such as the Traffic Safety Performance Plan, or in a line item in the approved biennial budget. CITY OF ASHLAND, by and through its City STATE OF OREGON, by and through its Council~ -~- Depa r~~)r~t~,~rtatio n Title,~~ /3 / Region 3 Manager By /'~;J'_~,~a~. ~'),dO-~ Date Date APPlaUDED ByF ~'8 Manager By D~ SUFFICIENCY Date ~/~ ~~ B ~ State Traffic Engin~r Asst. A,omey General ~ch. Svcs .' ganager/C h ~ ef Eng i neet Date ~/~Z ~ L Date_ ~Executive Deputy Direct~ CITY OF ASH~ND A~N PUBLIC WORKS DIRECTOR 20 E MAIN STREET ASH~ND OR 97520 Agreement No. 19017 Signal Maintenance ~ Ashland EXHIBIT A Unit 1: Under the jurisdiction and control of Unit 2: Under the Jurisdiction and the City Control of ODOT City pays 100% maintenance & 100% electrical City pays 100% electrical, no maintenance ODOT pays 100% maintenance, no electrical Traffic Signals Traffic Signals OR 99 (Siskiyou Blvd.) ~ E. Main/4~ Streets (Fire Signal) Maple St. ~ OR 99 (Main St.) OR 99 (Siskiyou Blvd.) ~ Beach St. Laurel St. ~ OR 99 (Main St.) OR 99 (Siskiyou Blvd.) ~ Mountain Ave. Helman St. ~ OR 99 (Main St.) OR 99 (Siskiyou Blvd.) ~ Wightman St. Pioneer St. ~ OR 99 (Main St.) Mountain Ave. ~ E. Main St. Second St. ~ OR 99 (Main St.) OR 99 SB (Main St.) ~ Gresham Pioneer St. ~ OR 99 (Lithia Way) Lithia Way ~ E. Main St. Second St. ~ OR 99 ("C" St.) Sherman ~ Siskiyou Blvd. OR 99 (Siskiyou Blvd.) @ OR 66 (Ashland St.) OR 99 (Siskiyou Blvd.) ~ Walker Ave. OR 66 (Ashland St.) @ Walker Ave. OR 66 (Ashland St.) ~ Tolman Creek Rd. Flashing Beacons Flashing Beacons OR 99 NB ~ Fire Station None -O gon ,~,?t~,-~..~ ~:',~',~ Department of Transportation [~,~,: ~X~; :>~',~ Transportation Building , ~'~;~ ~ 355 Capilol St. NE k '~*' '/~ John A Kltzhaber M D Goxemor Salem, Oregon 97301 FILE CODE: AGR September 23, 2002 City of Ashland Attn: Barbara Christensen, City Recorder 20 E. Main St. Ashland, OR 97520-1849 Enclosed for your records is a fully executed copy of Traffic Signal Maintenance Agreement 19017. This agreement covers electrical, maintenance and timing responsibilities of traffic signals and flashing beacons. We have retained a fully executed copy of this agreement for the Department of Transportation's files. Irish Barker, Agreements Specialist Construction Contracts Unit Roadway Engineering Section Enclosure TB:plg Form 734-3122 (4-99)