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Home My WebLink About1995-099 Coop Agrmt - ODOT07/25/95 11:52 ~'503 440 3465 REG 3 HWY CITY HALL-AD,IN. 002 July 18, 1995 Misc. Contracts & Agreements No. 10087 AMENDMENT NO. 1 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE The State of Oregon, acting by and through its Department of Transportation (State), and the City of Ashland, acting by and through its City Officials (City), entered into Local Agency Agreement No. 10087 on August 31, 1990. Said agreement covered the preliminary and construction finance of a left-turn lane for vehicles turning onto Maple Street in the City of Ashland. It has now been determined by State and City to add a traffic signal to this project. This agreement deletes the language contained in the agreement entered into on August 31, 1990, and is hereby replaced with the following language. RECITALS 1. Rogue Valley Highway is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission, and Maple Street is a part of the City Street System under the jurisdiction and control of City. 2. By authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the 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. 3. For the purpose of providing acceptable traffic patterns on public highways, State and City plan and propose to construct a left-turn refuge and traffic signal at the intersection of Rogue Valley Highway and Maple Street, 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. 4. City shall provide to State a lump sum in the amount of $100,000 for State acquired right-of-way necessary to construct the project. City shall finance 50 percent of the construction costs of the traffic signal portion of the project with local funds. 5. State, with funds available to State, shall be responsible for the preliminary engineering, the conduit and trenching portion of the traffic signal, any additional right-of-way, and any remaining costs of the project. B1395002/04544 -1- 07/25/95 11:53 8503 440 3465 REG 3 HWY ~ CITY HALL-AD, IN. ~003 Agreement No. 10087 CITY OF ASHLAND 6. By the authority granted in ORS 810.210, State 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 State 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 the State, except with its written approval. Traffic signal work on the project shall conform to the current state standards and specifications. 7. By the authority granted in ORS 366.425, State may accept deposits of money, or an irrevocable letter of credit, from any county, city, or road district of state, or any person, firm, or corporation for the performance of work on any public highway within State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall conduct the necessary field surveys, identify and obtain all required permits, perform all preliminary engineering and design work required to produce final plans, specifications and estimates, acquire all right-bf-way, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and project manager services for administration of the contract. 2. State shall lay out and paint the necessary lane lines and erect the required directional and traffic control signing for the project. 3. State shall compile accurate cost accounting records. City may request a statement of costs to date at any time by submitting a written request. When the actual total State costs of the traffic signal portion of the project have been computed, State shall furnish city with an itemized statement of said final costs, including preliminary and construction engineering, and all contingency items attributable to project. B1395002/04544 -2- 07/25/95 11:54 ~503 440 3465 REG 3 HWY ~ CITY HALL-ADMIN. ~004 Agreement No. 10087 CITY OF ASHLAND 4. State shall, upon satisfactory signal turn-on and at its own expense, perform all required signal maintenance and retain complete jurisdiction and control of the timing established for operation of the traffic signal. 5. State shall be responsible for the conduit and trenching portion of the traffic signal for this project. CITY OBLIGATIONS 1. City hereby grants State the right to enter onto and occupy City street right-of-way for the performance of construction and necessary maintenance of the traffic signal equipment, including vehicle detector loops. 2. City shall, upon request by State, relocate or reconstruct, or cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature, where such utilities or facilities are located within the right-of-way of any presently existing City street where such relocation or reconstruction is necessary in order to conform the utilities or facilities to the plans for the project. City may request State to arrange for said relocation, acting on behalf of City. 3. City shall maintain the pavement surrounding the vehicle detector loops installed in City Street in such a manner as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing on city street installed in accordance with the plans and specifications. g. City, by execution of this agreement, does hereby give its consent as required by ORS 373.030(2) to any and all changes of Grade within the city limits, if any there be, in connection with or arising out of tile project covered by this agreement. 5. City shall, upon completion of the project and at its own expense, provide all power required for operation of tile traffic signal. 6. City shall enter into and execute this agreement during duly authorized session of the City Council. B1395002/04544 -3- 07/25/95 11:55 8503 440 3465 REG 3 HWY ~ CITY HALL-ADMIN. ~005 Agreement No. 10087 CITY OF ASHLAND 7. City shall, upon receipt of a fully executed copy of this agreement, forward to State an advance deposit in the amount of 65 percent of 50 percent of the estimated construction costs of the traffic signal, less estimated costs of the conduit and trenching. In the event State costs exceed the estimated construction cost of the signal, State may request additional deposits. 8. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the construction of the traffic signal for this project, City shall pay any amount which, when added to City's advance deposits, will equal 50 percent of State's actual cost of construction of the traffic signal. Any portion of City's advance deposits which is in excess of 50 percent of the actual cost of construction of the traffic signal by State will be refunded or released to City. 9. City shall provide to State $100,000 for right-of-way acquisition upon execution of this agreement. GENERAL PROVISIONS 1. Subject to the limitations of the Oregon constitution and statutes; City and State each shall be solely responsible for any loss or injury caused to third parties arising from City's or State's own acts or omissions under this agreement and City or State shall defend, hold harmless and indemnify the other party to this agreement with respect to any claim, litigation or liability arising from City's or State's own acts or omissions under this agreement. 2. State and City agree and understand that a mutual review of the traffic signal plans, specifications, and estimates will be conducted prior to advertisement for construction bid proposals. 3. The Contractor, 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. B1395002/04544 -4- 07/25/95 11:56 9503 440 3465 REG 3 HWY ~ CITY HALL-ADMIN. ~006 Agreement No. 10087 CITY OF ASHLAND IN WITNESS WHEREOF, the parties hereto have set their hands and affixed thier seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on July 17, 1990, as part of the Six-Year Transportation Improvement Program, page 44. On April 12, 1995, the Oregon Transportation Commission adopted Delegation Order 2, which became effective May 1, 1995. The Order grants authority to the Region Manager to approve and execute agreements for work in the current Statewide Transportation Improvement Program. APPROVAL RECOMMENDED By State Traffic Engineer Date STATE OF OREGON, by an through its Department of Transportation By. Region Manager Date APPROVAD AS TO LEGAL SUFFICIENCY By. Asst. Attorney General Date CITY OF ASHLAND Billing Addre s s: City of Ashland 20 East Main Ashland, OR 97520 olte, City Attor'ney Date: CITY OF ASHLAND, by and through its Elected Officials Actin~ecorder, Russell Chadick Date B1395002/04544 -5- 07/25/95 11:56 9503 440 3465 REG 3 HWY CITY HALL-AD,lIN. ROp~g VALLEY HIGRWA¥' JACKSON COUNTY' K~NO04514 OO7 T '{EXHIBIT PROPOSED ~PROJECT :;: