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Home My WebLink About1998-048 Maintenance Agrmt - ODOTDepartment of Transportation Transportation Building Salem, OR 97310 FILE CODE: May 7,1998 City of Ashland Attn: Barbara Christensen, City Recorder 20 E Main Street Ashland OR 97520 AGR Enclosed for your records is a fully executed copy of an agreement covering maintenance of the traffic signal at East Main Street and Mountain Avenue. We have retained a fully executed copy of this agreement for the Department of Transportation's files. Fran Neavoll, Agreement Specialist Construction Contracts Unit Project Support Section Enclosure FN:aa Form 734-3122 (-~/q7) February 4, 1998 Misc. Contracts & Agreements No. 16159 MAINTENANCE AGREEMENT 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. E. Main Street and Mountain Avenue are part of the city street system under the jurisdiction and control of City. By the authority granted in ORS 366.770 and 366.775, State 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 For the purpose of improving traffic circulation patterns on public highways and streets, City has erected a traffic signal at the intersection of E. Main Street and Mountain Avenue. ODOT and City desire to enter into this agreement wherein ODOT shall provide maintenance for the signal located at the aforementioned intersection of city street, hereinafter referred to as "project". The location of the signal is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereot: This agreement shall become effective upon execution of this agreement by all parties and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the project. Agreelnent No. 16159 City of Ashland CITY OBLIGATIONS 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 equipment, including detector loops and illumination affixed to or powered from the signal. 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. 3. City shall pay for 100 percent of all power required to operate the traffic signal at no expense to ODOT 4. Upon receipt of annual billing from ODOT, City shall reimburse ODOT for 100 percent of maintenance costs of the traffic signal. 5. City shall enter into and execute this agreement during a duly authorized session of its City Council. City shall, to the extent permitted by the Oregon Constitution and by the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Department of Transportation and its officers and employees, from any and all claims and other liabilities which may arise in the performance of this agreement. City, its 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. City 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 is incorporated herein 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. 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 Agreement No. 16159 Ci.ty of Ashland 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 ODOT. ODOT OBLIGATIONS 1. ODOT shall perform all necessary maintenance of the traffic signal located at the intersection listed in Terms of Agreement, paragraph 1, and as shown on Exhibit A. 2. ODOT shall annually bill City for 100 percent of all maintenance performed on the traffic signal. GENERAL PROVISIONS 1. This agreement may be terminated by mutual written consent of all parties. 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, but not limited to these 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 ODOT fails to correct such failures within ten (10) days or such longer period as ODOT may authorize. c) If City fails to reimburse ODOT for the maintenance costs of the traffic signal. d) If ODOT fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to perform the maintenance of the traffic signal. e) 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 form paying for such work from the planned funding source. 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 Agreement No. 16159 City of Ashland 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. IT 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 December 17, 1997, approved Subdelegation Order No. 2, in which the Director grants authority to Branch and Region Managers to approve and execute agreements up to $50,000 for projects included as a line item in the approved biennial budget. APPROVAL RECOMMENDED 'S1afe Traffic Enginccr Date ~5'/7 /~ STATE OF ORECK)N, by and through its D, gpa~f.g.~t of~ransportation APPROVED AS TO FORM Ci.ty Counsel Date ~-/f -z~[~ CITY OF ASHLAND, by and through its Elected Officials By ~~~~-~ at: z :HERMAN HARRISON / ~e BEACH ,/// ~ ...... // PALM LINCOLN ~, ~RFIELD ~ .... ' ~ ...... ~,, ....... : : ~ ~ ~ j w~.. ,> .,,~:,,..~,.,, .. .::,~....: