HomeMy WebLinkAboutODOT 3 Agreements CITY OF
kSHLAND
Council Communication
Title: Approval of Three Agreements with the Oregon Department of
Transportation:
1. Agreement No. 19017- Traffic Signal Maintenance Agreement City of
Ashland
2. Agreement No. 19489- 2001 Oregon Transportation Initiative Act
Agreement - Siskiyou Boulevard ~ Lithia Way & E. Main Street
3. Agreement No. 19686- Cooperative Improvement Agreement Helman -
2"° Street & Valley View to 4th
Dept: Public Works Department
Date: July 16, 2002/i
Submitted By: Paula Brown, ~ ,~~'
Reviewed By: Paul Nolte ~
Approved By: Greg Scoles
Synopsis:
Attached are copies of the two proposed agreements with thc Oregon Department of Transportation (ODOT).
ODOT's policy is to have the City Council enter into these agreements. These agreements arc summarized
here and in more detail in the background section of this memo.
I. Agreement No. 19017- Traffic Signal Maintenance Agreement City of Ashland: This agreement covers
the electrical and maintenance responsibilities of the traffic signals within the City of Ashland.
2. Agreement No. 19489 - 2001 Oregon Transportation Initiative Act Agreement- Siskiyou Boulevard ~
Lithia Way & E. Main Street: This agreement provides the City with $500,000 for construction funds for
the E. Main / Gresham / Lithia Way / Siskiyou intersection.
3. Agreement No. 19686 - Cooperative Improvement Agreement Helman - 2"d Street & Valley View
to 4th: This agreement is to add curb extension at four intersections in the downtown section and to
change thc signal and illumination pole designs.
Recommendation:
It is recommended that Council approve the following agreements with the Oregon Department of
Transportation:
1. Agreement No. 19017 - Traffic Signal Maintenance Agreement City of Ashland
2. Agreement No. 19489 - 2001 Oregon Transportation Initiative Act Agreement- Siskiyou Boulevard ~
Lithia Way & E. Main Street [Note that as a part of accepting the Oregon Transportation Initiative Act
(OT1A) Agreement, the City will also be required to accept jurisdiction of the project area. A transfer of
jurisdiction requires Council resolution and is proposed in a separate Council action in this meeting.]
3. Agreement No. 19686 - Cooperative Improvement Agreement Helman - 2nd Street & Valley View
to 4th
CCpageApprovall of 3 of ODOT Agreements 16Jul02.doc ~l~1
Fiscal Impact:
Each of the agreements has a unique set ofrequirements and fiscal impacts that are outlined below.
1. Agreement No. 19017 - Traffic Signal Maintenance Agreement City of Ashland. The City is responsible
for the electricity costs of each signal. This new agreement also has the City responsible for the maintenance
of the signals that are now within the City's jurisdiction. It is estimated that the maintenance costs will not
exceed $1500 per operating signal per year. Once all of the new signals are installed as a part of the Siskiyou
project, the City will "own" 8 signals. The maintenance costs are anticipated to be less than $12,000
annually. The electricity costs are metered and for all current signals (16) have averaged less than $16,000
per year.
Typically, the City has agreed to provide electricity for each of the signals within the City limits (currently
14). ODOT has been responsible for the maintenance of all of the signals on their system - so all but the
signal installed by the City at Mountain and E. Main. The City currently owns four traffic signals at
Mountain and E. Main Street and the three newly acquired signals at Siskiyou and Beach, Siskiyou and
Mountain, and Siskiyou and Wightman (prior jurisdictional exchange). Upon installation of the new signals
for the Fire Station, and new signals as a part of the intersection redesign at Gresham / Third and E. Main, E
Main and Lithia Way, and Sherman and Siskiyou the City will fully own 8 signals.
2. Agreement No. 19489 - 200 I Oregon Transportation Initiative Act Agreement - Siskivou Boulevard @
Lithia Way & E. Main Street. The City applied for and received approval for a grant for the intersection
improvements from Third Street to E. Main Street on both Siskiyou and Lithia Way. This project is being
funded under the Oregon Transportation Initiative Act and ODOT will fund up to $500,000 of the actual
construction costs of this project. The current design/construction estimate is approximately $750,000.
Costs beyond the $500,000 ODOT reimbursement will come from the Street Fund. As a part ofthe
agreement, the City must assume jurisdiction of this portion of Highway 99 (as shown in item #3 below),
3. Agreement No. 19686 - Cooperative Improvement Agreement Helman - 2nd Street & Valley View
to 4th, The City requested ODOT's support in providing pedestrian improvements to the Downtown core.
The City had already committed to designing the pedestrian improvements and has hired Hammond
Engineering to accomplish this task (contract amount includes additional intersections at a total cost of
$21,000). This agreement will also require the City to maintain the signal and illumination poles, which is
estimated to be less than $500 per year.
Background:
Agreement No. 19017 - Traffic Signal Maintenance Agreement City of Ashland. Typically, the City has
agreed to provide electricity for each of the signals within the City limits (currently 14). ODOT has been
responsible for the maintenance of all of the signals on their system - so all but the signal installed by the
City at Mountain and E. Main. This new agreement requires the City to be responsible for the maintenance of
the signals that are now within the City's jurisdiction. The City does not have the expertise to maintain
signals and has requested this cost estimate and agreement from ODOT as they will continue to be
responsible for maintaining signals on their system. The City currently owns four traffic signals at Mountain
and E. Main Street and the three newly acquired signals at Siskiyou and Beach, Siskiyou and Mountain, and
Siskiyou and Wightman (prior jurisdictional exchange). Upon installation of the new signals for the Fire
Station, and new signals as a part of the intersection redesign at Gresham / Third and E. Main, E Main and
Lithia Way, and Sherman and Siskiyou the City will fully own 8 signals. ODOT continues to have
jurisdiction of the signals on Ashland Street and from Third Street north on Lithia Way and E/N Main Street.
CC Approval ofODOT Agreements 16Jul02.doc
Page 2 on
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Agreement No. 19489 - 200 I Oregon Transportation Initiative Act Agreement - Siskiyou Boulevard @
Lithia Way & E. Main Street. The City applied for and received 0001' approval for a grant for the
intersection improvements from Third Street to E. Main Street on both Siskiyou and Lithia Way. This
project is being funded under the Oregon Transportation Initiative Act and 0001' will fund up to $500,000
of the actual construction costs of this project. The current design/construction estimate is approximately
$750,000. This agreement has several requirements and controls that staff is comfortable meeting.
This project also requires the city to accept jurisdiction of the project area as shown on a separate Council
action in this packet. If the City does not accept ownership, then the project will not be funded by 0001'.
Agreement No. 19686 - Cooperative Improvement Agreement Helman - 2nd Street & Valley View to
4th. The City recognizes the need for better pedestrian improvements and concrete bump outs through the
downtown core. As a first step, the City has requested support from 0001' to incorporate four intersections
into ODOT's project to upgrade traffic signals at Helman at Main, Pioneer at Lithia Way, and 2nd Street at
both Pioneer and Lithia Way. The City is completing the design and will work with 0001' to gain their
approval. 0001' has also acknowledged the City's desire to maintain historic compatibility with the
downtown core and will design the signal poles and luminaries to the City's standards - as long as the City
agrees to maintain these "different" (than 0001' standard) fixtures.
CC Approval ofODOT Agreements 16Jul02.doc
Page 3 of3
r.,
July 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 1 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 1 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
OOOT OBLIGATIONS
1. OOOT 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. OOOT shall retain ownership of traffic signals and flashing beacons outlined in Unit
2 of Exhibit A. OOOT shall be responsible for the timing of these traffic signals.
3, OOOT shall pay all maintenance costs of traffic signals and flashing beacons
outlined in Unit 2.
4, OOOT 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, OOOT 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
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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. OOOT may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by OOOT, under any of the following
conditions:
a) If City fails to reimburse OOOT for the maintenance costs of the traffic signals
and flashing beacons or fails to pay for electrical energy.
b) If OOOT 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
OOOT 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 OOOT,
or at such later date as may be established by City, if OOOT 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 OOOT'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. 19017
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.
5
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Agreement No. 19017
Signal Maintenance - Ashland
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways to approve and execute agreements over
$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.
CITY OF ASHLAND, by and through its City
Council
STATE OF OREGON, by and through its
Department of Transportation
By
Title
By
Region 3 Manager
By
Title
Date
APPROVAL RECOMMENDED
Date
~~~ LEG.!L SUFFICIENCY
City Attorney
Date~ O~
By
District 8 Manager
Date
By
State Traffic Engineer
APPROVED AS TO LEGAL SUFFICIENCY
Date
By
Asst. Attorney General
By
Tech. Svcs, Manager/Chief Engineer
Date
Date
By
Executive Deputy Director
Date
Agency Address
CITY OF ASHLAND
ATTN PUBLIC WORKS DIRECTOR
20 E MAIN STREET
ASHLAND OR 97520
6
Agreement No, 19017
Signal Maintenance - Ashland
EXHIBIT A
Unit 1: Under the jurisdiction and control of
the City
City pays 100% maintenance & 100% electrical
Traffic Signals
OR 99 (Siskiyou Blvd,) @ E. Main/4th Streets (Fire Signal)
OR 99 (Siskiyou Blvd.) @ Beach St.
OR 99 (Siskiyou Blvd.)@MountainAve.
OR 99 (Siskiyou Blvd,) @ Wightman St.
Mountain Ave. @ E. Main S1.
OR 99 SB (Main St.) @ Gresham
Lithia Way @ E. Main St.
Shennan @ Siskiyou Blvd,
Flashing Beacons
OR 99 NB @ Fire Station
Unit 2: Under the Jurisdiction and
Control of ODOT
City pays 100% electrical, no maintenance
ODOT pays 100% maintenance, no electrical
Traffic Signals
Maple St. @ OR 99 (Main St.)
Laurel St. @ OR 99 (Main St.)
Helman St, @ OR 99 (Main St.)
Pioneer St. @ OR 99 (Main St.)
Second St. @ OR 99 (Main St.)
Pioneer St. @ OR 99 (Lithia Way)
Second St. @ OR 99 ("C" St.)
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
None
7
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June12,2002
Misc. Contracts & Agreements
No, 19489
2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT
SISKIYOU BLVD. @LlTHIA WAY & EAST MAIN STREET
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 City Council,
hereinafter referred to as "Agency".
RECITALS
1. The 2001 Oregon Transportation Investment Act Program, hereinafter referred to as
the "2001 OTIA Program", provides funding for preservation and modernization
projects chosen by the Oregon Transportation Commission.
2. The Oregon Transportation Commission selected the projects to be funded
under the 2001 OTIA Program at its January 16, 2002 meeting. This
selection included Agency's project Siskiyou Blvd. at Lithia Way and East
Main Street, as described in Exhibit A.
3. By the authority granted in ORS 190,110, 366.770 and 366.775, state agencies may
enter into cooperative agreements with counties, cities, and units of local
government for the performance of any or all functions and activities that a party to
the agreement, its officers, or agents have the authority to perform.
4, By the authority granted in ORS 810,210, ODOT is authorized to determine the
character or type of traffic control devices to be used, and to be placed or erected
upon state highway at places where ODOT deems necessary for the safe and
expeditious control of traffic, No traffic control devices shall be erected, maintained,
or operated upon any state highway by any authority other than ODOT, except with
it's written approval. Traffic signal work on this Project will conform to the current
ODOT standards and specifications.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the parties hereto as follows:
.~"-_........._~._._._..~-'
Agreement No. 19489
City of Ashland
TERMS OF AGREEMENT
1. Agency shall make roadway modernization improvements on Siskiyou Blvd. at Lithia
Way and East Main Street, hereinafter referred to as "Project". A Project description,
budget, and sketch map showing the location and approximate limits of the Project
is shown on Exhibit "A", attached hereto and by this reference made a part hereof.
2, The total estimated cost of the Project is $750,000, The budget is shown on Exhibit
"All.
3, 2001 OTIA Program funds shall be limited to $500,000. Agency shall be responsible
for all costs in excess of the 2001 OTIA Program funded amount for this Project.
4. This agreement shall become effective on the date all required signatures are
obtained and shall be completed according to the schedule outlined in Paragraph 4,
Agency Obligations. Only work begun after the effective date of this agreement is
eligible for reimbursement with OTIA funds,
5, The funds available under the 2001 OTIA Program are State Highway Funds, To be
eligible for reimbursement under the 2001 OTIA Program, expenditures must
comply with the requirements of Article IX, Section 3a of the Oregon Constitution.
6. Agency and ODOT have ,a joint obligation to ensure timely expenditure of 2001
OTIA Program monies and comply with the provisions of the bonds that finance the
2001 OTIA Program,
AGENCY OBLIGATIONS
1. Agency, or its consultant, shall conduct the necessary engineering and design work
required to produce final plans, specifications and cost estimates; obtain all right-of-
way, if any, required for Project in compliance with ORS 281.060; obtain all required
permits; arrange for all utility relocations or reconstruction, if any, required for
Project in compliance with the standards in Agency Obligations, Paragraph 13;
perform all construction engineering, including all required materials testing and
quality documentation; prepare all bid documents; advertise and award all contracts;
provide Project management services; and other necessary functions for
administration of the contract.
2. The Project shall be developed in conformance with ODOT's standards,
3 Traffic signal maintenance and power responsibilities are addressed in Signal
Maintenance Agreement No. 19017.
Key No. 12382
2
_..____.___.____~d".,.,__~.,..._"..__,._.____.~___".~..~"..__'"__.._~ _..,~__.~-._-...-~-.-..".~-.....--, .-......,..._....."_
Agreement No. 19489
City of Ashland
4. Agency shall provide ODOT with sufficient information to complete a project
prospectus so that ODOT can track Project using ODOT's automated management
system.
5. a. Agency shall submit documentation to ODOT's Project Liaison that shows that
Agency has met Project key milestones, The Project key milestones, dates, and
required documentation are shown below:
Environmental: July 30, 2002
Documentation: letter from Agency documenting that the milestone has been
met.
Right of Way Acquisition: September 30, 2002
Guidelines: It is agreed that Agency will strictly follow the rules, policies and
procedures of the "Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970" as amended, ORS 281.060, ORS 35,345, and the State of
Oregon Right of Way Manual.
Documentation: letter from Agency's legal counsel certifying that 1) right of way
acquisition work has been completed in accordance with these guidelines and 2)
the right-of-way needed for the Project has been obtained.
land Use Permits: July 30, 2002
Documentation: letter from Agency indicating that all land Use Permits
required for final design have been obtained.
Final Plans / Biddable Engineering Documents: July 30,2002
Documentation: A copy of completed Project plans, specifications and cost
estimates.
Contract Advertisement and Award: August 25, 2002
Documentation: A copy of the Award of Contract submitted to the Bureau of
labor and Industries.
Construction Completion: December 30,2003
Documentation: A letter from Agency indicating that construction is substantially
complete.
Project Completion: January 30, 2004
Documentation: letter from Agency indicating that the Project is complete and
open to traffic, accompanied by Agency's final billing to ODOT,
b. If the Agency does not meet a Project milestone date within one month of the
date specified in Agency Obligations, Paragraph 4.a, reimbursement of Agency's
Key No, 12382
3
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Agreement No. 19489
City of Ashland
Project expense shall be changed to one-half of the rate specified in OOOTs
Obligation's, Paragraph 1, until such time as the Project has completed the
milestone and Project is back on schedule_
c. Immediately upon missing a milestone date, Agency and OOOT shall establish a
project review team including Agency's Project Liaison and OOOTs Project
Liaison, at a minimum, and may include such other members as are deemed
necessary. The project review team shall determine (a) if failure to complete the
milestone in question will jeopardize successful completion of Project, (b) what
steps must be taken by Agency to ensure successful completion of Project, and
(c) revise the Project schedule, if changes are required.
d, In the event that the Project schedule itemized in Agency Obligations 4.a. is
revised pursuant to Agency Obligation 4.c, the Agency's Project Liaison and
OOOTs Project Liaison shall reduce the revision to writing. The Agency's
Project Liaison and OOOTs Project Liaison shall incorporate the revised
schedule into the intergovernmental agreement by entering into a formal
amendment to this agreement.
e. When the Project is back on schedule according to the milestones set out in
Agency Obligations 4.a" including a revised schedule adopted by formal
amendment, Agency shall receive any funds withheld by OOOT under the
provisions of Paragraph 1.b. of OOOTs Obligations.
6. Agency shall present invoices for the eligible, actual costs incurred by Agency on
behalf of the Project directly to OOOTs Project Liaison for review and approval.
Such invoices shall be submitted in the form as shown on Exhibit "C", OTIA
Progress Billing, attached hereto and by this reference made a part hereof. Invoices
will identify the Project and agreement number, and shall itemize and explain all
expenses for which reimbursement is claimed. Invoices shall be presented for
periods of not greater than one month, based on actual expenses incurred, and
must clearly specify the percentage of completion of the Project.
7. Agency shall submit a billing at the time Agency documents that Construction
Completion, as set out in Agency Obligations, Paragraph 4, is complete. The billing
will indicate total Project costs incurred to date, whether there are unresolved
claims, and the anticipated timeline for resolving claims and closing the Project.
8, Agency shall be responsible for any and all costs of Project which are not covered
by OTIA funds, including costs of the Project when the maximum amount of OTIA
funds obligated under this Agreement have been expended.
9 Agency agrees to 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 hereby are incorporated by reference,
10. Agency shall perform the service under this agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
Key No. 12382
4
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Agreement No. 19489
City of Ashland
its employment of individuals to perform the work under this agreement including,
but not limited to, retirement contributions, workers compensation, unemployment
taxes, and state and federal income tax with holdings.
11 ,Agency, its subcontractors, if any, and all employers working under this agreement
are subject employers under the Oregon Workers Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage for all their subject workers, unless such employers are exempt under
ORS 656.126. Agency shall ensure that each of its contractors complies with these
requirements.
12. Agency will maintain the improvements made as a result of the Project at the same
level as other similar facilities owned by Agency.
13. Agency agrees that the Project will be on the public right-of-way and will serve
general transportation needs,
14. Utility relocation or reconstruction mayor may not be an eligible Project expense
according to the following standard:
a. The expense is an eligible expense if the owner of the utility facility
possesses a property right for its location on the public right of way.
b. The expense is not an eligible expense if the owner of the utility facility
does not possess a property right for its location, but the facility exists on
the public right of way solely under the permission of the Agency or other
road authority, whether that permission is expressed or implied, and
whether written or oral.
15.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 budget. Agency further
agrees that they will only submit invoices to ODOT for reimbursement on work that
has been performed and paid for by Agency.
16.Agency shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, and the Oregon Department
of Transportation and its officers and employees, from all claims, suits or actions of
any nature arising out of activities of Agency, its consultant, its contractor, its
officers, subcontractors, agents, or employees under this agreement.
17 Agency's Project Liaison for this agreement is Paula Brown 20 East Main St.,
Ashland OR 97520, (541) 488-5587 . Agency's Project Liaison is granted the
authority to enter into and execute formal amendments to this agreement when
revisions to the Project schedule are deemed necessary by the project review team.
Key No, 12382
5
Agreement No. 19489
City of Ashland
18. Agency shall place signs that identify Project as "Another Project Funded by 2001
Oregon Transportation Investment Act" (OOOT approved design). Agency may
affix additional signage that identifies local funds used for the Project.
19. Agency agrees that it will call attention to the Project and help make it visible to the
public,
20.Agency agrees to provide progress information and photographs in a suitable format
for posting on the OTIA web site maintained by OOOT and to provide appropriate
links from Agency's web sites to the OTIA web site.
21. Agency agrees to comply with the conditions for Project approval adopted by the
Oregon Transportation Commission, as set out in Exhibit "B", Special Conditions,
which is attached and made part of this Agreement.
OOOT OBLIGATIONS
1.
a. OOOT shall reimburse Agency 100% of eligible, actual construction costs,
and all associated construction costs incurred up to the maximum amount of
OTIA funds committed for the Project specified in Terms of Agreement,
Paragraph 3, provided that Agency is meeting the Project milestones set out
in Agency Obligations, Paragraph 4. a. Under no conditions shall OOOT's
total obligation exceed $500,000 including all expenses.
b, In the event that Agency has not met a Project milestone, OOOT shall
change its rate of reimbursement to Agency to be one-half of the rate
specified in Paragraph 1.a. until such time as Project is back on schedule.
c, When the Project is back on schedule, according to the milestones set out in
Agency Obligations 4.a" including a revised schedule adopted by formal
amendment per Agency Obligations 4.d., OOOT shall pay Agency any funds
withheld by OOOT under the provisions of Paragraph 1.b. of OOOT's
Obligations.
d, OOOT agrees to comply with the provisions of ORS 293.462 with regard to
timely payment.
2, OOOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
OOOT's current appropriation or limitation of current biennial budget.
3 OOOT's Project Liaison for this agreement is Ken Norton, 3500 Stewart Parkway,
Roseburg, OR 97470, (541) 957-3510, OOOT's Liaison shall:
a. Receive any notices provided by Agency under this agreement.
b. Review and process for payment all eligible, actual Project costs incurred
within 30 days of the date of receipt of Agency's invoices by OOOT.
c. Advise Agency at Agency's request on matters affecting the Project.
Key No. 12382
6
-. --~-~- ,~._._,.- ""',.
Agreement No. 19489
City of Ashland
d. OOOT's Project Liaison is granted the authority to enter into and execute
formal amendments to this agreement when revisions to the Project
schedule are deemed necessary by the project review team.
4, OOOT shall review the documentation provided by Agency to ensure that the
Project undertaken by Agency is the Project approved by the Oregon Transportation
Commission at its January 16, 2002 meeting. .
5. As a Project expense, OOOT shall conduct all traffic signal equipment testing, tum-
on, timing costs, plan review, construction engineering, inspection services and
maintenance for signal.
6, OOOT shall, on a monthly basis, invoice City for all costs necessary to operate and
maintain traffic signal.
7. OOOT shall not be required to approve Agency's selection of contractors, right-of-
way purchase, or engineering design documents, except as the Project design
affects the state highway system or as required by the conditions of approval
adopted by the Oregon Transportation Commission.
8. OOOT shall maintain a web site for the 2001 OTIA Program listing Project status
and accomplishment information for Agency's Project.
GENERAL PROVISIONS
1. This agreement may be terminated by mutual consent of both parties,
2. OOOT may terminate this agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by OOOT, under any of the
following conditions:
a. If Agency fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this agreement or so fails
to pursue the work as to endanger performance of this agreement in accordance
with its terms, and after receipt of written notice from ODOT fails to correct such
failures within 10 days or such longer period as OOOT may authorize.
c, If OOOT fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
d. 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 OOOT is
prohibited from paying for such work from the planned funding source.
If OOOT terminates this agreement for the reasons described in General Provisions,
Paragraph 2" "a" or "b" above, Agency must reimburse OOOT for all Oregon
Transportation Investment Act funds expended. If Agency fails to reimburse OOOT,
Key No, 12382
7
Agreement No. 19489
City of Ashland
ODOT may withhold Agency's proportional share of State Highway Fund distribution
necessary to reimburse ODOT for costs incurred by such Agency breach.
Any termination of this agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
3, Agency acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, and their duly authorized representatives shall have access to the
books, documents, papers, and records of Agency which are directly pertinent to the
specific agreement for the purpose of making audit, examination, excerpts, and
transcripts during the course of the Project and 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 ODOT.
4 This agreement and attached exhibits 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. 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 either party to enforce any provision of this agreement shall not constitute a
waiver by that party 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 approved this Project on January 16, 2002.
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.
The Director on January 31, 2002, approved Subdelegation Order No, 2, which grants
authority to the Deputy Director for the Oregon Transportation Investment Act to
approve and execute agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, in the Oregon
Transportation Investment Act project list, or in the approved biennial budget.
Key No. 12382
8
Agreement No. 19489
City of Ashland
APPROVAL RECOMMENDED
By
Region 3Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
APPROVED AS TO LEGAL
SUFFICIE CY
By
f1
Agency Attorney
Date--M.O~
Key No. 12382
STATE OF OREGON, by and through
Its Department of Transportation
By
Deputy Director for Oregon Transportation
Investment Act
Date
CITY OF ASHLAND, by and through
its City Council
By
Agency's Authorized Representative
By
Agency's Authorized Representative
Date
RETURN AGREEMENT TO AGENCY:
Contact:
City of Ashland
20 East Main Street
Ashland OR 97520
9
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Agreement No. 19489
City of Ashland
EXHIBIT A
CITY OF ASHLAND
SISKIYOU BLVD. @ L1THIA WAY & EAST MAIN STREET
Project will consist of street and sidewalk geometry improvements, and the installation
of a multi-phase signal for this non-typical intersection. Improvements will enhance
safety and improve the level of service for vehicles and pedestrians, Project will result
in a geometry and standard that will allow the city to assume ownership of this segment
of the state highway upon completion of the project.
Project Cost Estimate
Project Financing
Preliminary engineering
& design
Right-of-way purchase
Construction
Total
$
$ 5000
$745,000
$750,000
Agency Contribution $250,000 33%
'See Note Below
OTIA
$500,000 67%
Total
$750,000 100%
Exhibit A, Project Map is attached.
*This Project will be financed by first using Oregon Transportation Investment Act
(OTIA) Funding, this includes right-of-way. The City of Ashland will provide the
additional funds for right-of way and to complete the Project in addition to that provided
by OTIA. Initial estimates are that the City's contribution has a value of $250.000.
EXHIBIT B
CITY OF ASHLAND
SISKIYOU BLVD @ L1THIA WAY & EAST MAIN STREET
SPECIAL CONDITIONS
The Oregon Transportation Commission approved Projects for funding under
OTIA subject to certain conditions:
The City of Ashland shall agree to accept jurisdiction of Rogue Valley Highway No. 63
(Lithia Way) from Engineer's Station 19.46 to Engineer's Station 19.52 AND Rogue
Valley Highway No. 63 (East Main) from Engineer's Station 19.46 to Engineer's Station
19.52. Reference Abandonment & Retention Agreement No. 725.
Key No. 12382
10
Agreement No. 19489
City of Ashland
EXHIBIT C
Oregon Transportation Investment Act (OTIA)
Progress Billing
(form)
Agency: CITY OF ASHLAND
Project: SISKIYOU BLVD @ L1THIA WAY & EAST MAIN STREET
Agreement No: 19489
Billing Period: to
Costs Amount Percent
Incurred Costs Total Claimed Complete
This Billed Total Cost Participation Amount Prior Total This This
Period Previous Iv To Date Rate Claimed Claimed Period Phase
Planning
Engineering
Design
Right of Way
Construction
Total
Submission of this request certifies that, in accordance with the laws of the State of Oregon and
under the conditions of approval for the project identified above, actual costs claimed have
been incurred and are eligible pursuant to the Intergovernmental Agreement between Agency
and the Oregon Department of Transportation. Also, no other claims have been presented to,
or payment made by, the State of Oregon for those costs claimed for reimbursement.
Agency Project Liaison
Date
(for ODOT use)
I have reviewed the above project and related costs and, in my opinion, subject to audit,
the costs reflect the progress to date and are eligible for reimbursement in the amount
of $
ODOT Project Liaison
Date
Key No. 12382
11
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July 11, 2002
Misc. Contracts & Agreements
No. 19686
COOPERATIVE IMPROVEMENT AGREEMENT
HELMAN - 2ND STREET &
VALLEY VIEW TO 4TH
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 "OOOT"; and the City of Ashland, acting by and through its City Council,
hereinafter referred to as "City".
RECITALS
1, Rogue Valley Highway No. 63 (Lithia Way and East Main Street - OR 99) is a part of
the state highway system under the jurisdiction and control of the Oregon
Transportation Commission,
2. Valley View Road, Pioneer Street, Helman Street, 4th Street and 2nd Street are a
part of the City Street system under the jurisdiction and control of City.
3, The traffic signals located at the intersections of Helman Street @ OR 99 (Main
Street), Pioneer Street @ OR 99 (East Main Street), Pioneer Street @ OR 99 (Lithia
Way), 2nd Street @ OR 99 (East Main Street), and 2nd Street @ OR 99 (Lithia Way)
are under the ownership, jurisdiction and control of OOOT.
4. By the authority granted in ORS 190.110, 366.770 and 366.775, OOOT may enter
into cooperative agreements with the counties and cities or units of local
government 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
5. By the authority granted in ORS 810.210, OOOT is authorized to determine the
character or type of traffic control devices to be used, and to place or erect them
upon state highways at places where OOOT deems necessary for the safe and
expeditious control of traffic. No traffic control devices shall be erected, maintained,
or operated upon any state highway by any authority other than OOOT, except with
its written approval. Traffic signal work on this Project will conform to the current
OOOT standards and specifications.
Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
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. For the purpose of improving pedestrian safety and enhancing local historic
compatibility, OOOT and City plan and propose to replace signals at the
intersections of:
Helman @ OR 99 (Main Street)
Pioneer Street @ OR 99 (East Main Street)
Pioneer Street @ OR 99 (Lithia Way)
2nd Street @ OR 99 (Main Street) and
2nd Street @ OR 99 (Lithia Way);
City and OOOT will also add curb extensions at the intersections of Pioneer Street
@ OR 99 (Lithia Way) and 2nd Street @ OR 99 (Lithia Way), provide alternate
signal and illumination pole treatments, and provide metal sign posts, hereinafter
referred to as "Project". The location of the Project is approximately as shown on
the sketch map attached hereto, marked Exhibit A, and by this reference made a
part hereof.
2, The total estimated cost of the project is $885,000 in State funds.
3. Project limits start and include the intersection of Valley View Road & OR 99 (North
Main) thence southeasterly along OR 99 to the intersection of 4th Street & OR 99.
4. The term of this agreement shall begin on the date all required signatures are
obtained and shall terminate on upon project completion. The project shall be
completed within 5 calendar years following the date of final execution of this
agreement by both parties.
5. Traffic signal maintenance and power responsibilities are addressed In Signal
Maintenance Agreement No. 19017.
CITY OBLIGATIONS
1. City shall, at City's expense, provide to OOOT design and specifications for curb
extensions located at the intersections of Pioneer Street @ OR 99 (Lithia Way) and
2nd Street @ OR 99 (Lithia Way). Said design and specifications shall meet OOOT
standards. City acknowledges and agrees to OOOT reserving the right of approval
of said design and specifications.
2, City hereby grants OOOT the right to enter into and occupy City street right-of-way
for the purpose of construction of this project.
2
,.~._..~_.,.,__.._...,_......,_.__ "'___.. ....m.._
Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
3. City shall, at City expense, maintain all signal and illumination poles and sign posts
within said project limits.
4. City acknowledges the effect and scope of ORS 105.760 and agrees that all acts
necessary to complete construction of the project which may alter or change the
grade of existing city roads are being accomplished at the direct request of the City.
5, City, by execution of this agreement, gives its consent as required by ORS
373.030(2) and ORS 105.760 to any and all changes of grade within the City limits,
and gives its consent as required by ORS 373.050(1) to any and all closure of
streets intersecting the highway, if any there be, in connection with or arising out of
the project covered by the agreement.
6. City, its consultants or subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers Compensation Law
and shall comply with ORS 656.017, which requires them to provide workers'
compensation coverage for all their subject workers, unless such employers are
exempt under ORS 656.126. City shall ensure that each of its contractors complies
with these requirements.
7, City acknowledges and agrees that ODOT, 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 City 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 completion of
Project. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by ODOT.
8, City 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 hereby are incorporated by reference. Without limiting the generality of the
foregoing, City expressly agrees 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.
OOOT OBLIGATIONS
3
.....,.....'''---'".-.-....-.-+.'.' . -~.........-.. ._.._-"~.
Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
1, OOOT shall conduct the necessary field surveys, soils/geotech investigations,
identify any necessary permits, identify and relocate or cause to be relocated any
conflicting utility facilities, and perform all preliminary engineering and design
work required to produce preliminary/final plans, preliminary/final specifications
and cost estimates.
2. OOOT shall award the construction contract, furnish all construction engineering,
field testing of materials, technical inspection and project management services
for administration of the contract. OOOT shall obtain "Quality Assurance
Samples" at specified intervals for testing as established by the State's Quality
Assurance Program. The construction contractor shall be responsible for field
testing and quality control of materials.
3. As a project expense, OOOT shall replace the signals, provide alternate signal
pole treatments, provide alternate illumination pole treatments, and provide metal
sign posts listed under TERMS OF AGREEMENT, paragraph 1. OOOT shall
perform the signal equipment testing timing and turn-on.
GENERAL PROVISIONS
1, City and OOOT agree that a mutual review of the construction plans will be
conducted and concurrence in those plans received at least 6 weeks prior to
advertisement for construction bid proposals.
2. This agreement may be terminated by mutual written consent of both parties.
3, OOOT may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by OOOT, under any of the following
conditions:
a. If City fails to provide services called for by this agreement within the
time specified herein or any extension thereof.
b, If City fails to perform any of the other provisions of this agreement,
or so fails to pursue the work as to endanger performance of this
agreement in accordance with its terms, and after receipt of written
notice from OOOT fails to correct such failures within 10 days or
such longer period as OOOT may authorize,
c. If OOOT fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided
in the agreement.
4
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Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
d. 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.
4. If City fails to maintain facilities in accordance with the terms of this agreement,
ODOT, at its option, may maintain the facility and bill City, seek an injunction to
enforce the duties and obligations of this agreement or take any other action
allowed by law.
5, This agreement and attached exhibits 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. 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 Helman - 2nd Street Project was approved by the Oregon Transportation
Commission (OTC) on February 13, 2002, key number 08989. The Valley View Road -
4th Street project was approved by the OTC on October 13,1999, key number 10821.
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.
SIGNATURE PAGE TO FOLLOW
5
Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways to approve and execute agreements over
$75,000 when the work is related to a project included in the Statewide Transportation
Improvement Program.
CITY OF ASHLAND, by and through its
City Council
STATE OF OREGON, by and through its
Department of Transportation
By
Title:
By
Executive Deputy Director for Highways
By
Title:
Date
By
Title:
By
Tech. Services Mgr.lChief Eng.
Date
Date
APPROVAL RECOMMENDED
APPROVED AS TO LEGAL
:~FF~ _
City Attorney
Date "7 (( () ( 0""""""-
By
Region 3 Manager
By
State Traffic Engineer
Date
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Asst. Attorney General
Date
Aqency Address
CITY OF ASHLAND
ATTN PUBLIC WORKS DIRECTOR
20 E MAIN STREET
ASHLAND OR 97520
6
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