Loading...
HomeMy WebLinkAbout1991-015 Improv. Agrmt - ODOTMarch 15, 1991 DEPARTMENT OF TRANSPORTATION City of Ashland 20 East Main Ashland, OR 97520 Attention: Nan E. Franklin City Recorder FILE CODE: Attached for your records is a fully executed copy of an agreement covering the installation of traffic control signals at the intersection of Rogue Valley Highway and Wightman Street. We have retained a fully executed copy of this agreement for the Transportation Commission's files. FKN/lls Attachment Fran Neavoll COMMISSION SERVICES Transportation Building Salem, OR 97310 Approved: OHSD March 22, 1991 Staff Misc. Contracts & Agreements No. 10579 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; and THE CITY OF ASHLAND, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". W I TN E S S E TH RECITALS 1. Rogue Valley Highway, State Highway No. 63, is a part of the State highway system under the jurisdiction and control of the Oregon Transportation Commission, and Wightman Street is a part of the City street system, under the jurisdiction and control of City. 2. By the 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 install traffic control signals at the intersection of the Rogue Valley Highway and Wightman Street, hereinafter referred to as "project". The locatio~ 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. Construction of project will be financed with 100 percent State funds and at no cost to City. 5. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control signals 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 signals shall be erected or B1H91001 Contract No. 10579 THE CITY OF ASHLAND maintained upon any State highway by any authority other than State, except with its written approval. Traffic signal work on project will conform to the current State 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: STATE OBLIGATIONS 1. State shall conduct the necessary field surveys and traffic investigations; identify and obtain or issue the required permits; perform all preliminary engineering and design work required to produce plans, specifications and estimates; 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. The traffic signal installation may be accomplished by the use of State forces, by contract or by any combination of these methods, as State shall elect. 2. State shall lay out and paint the necessary lane lines and and erect the required directional and traffic control signing for the project. 3. State shall, upon completion of construction, perform all required signal maintenance and retain complete jurisdiction and control of the timing established for operation of the traffic signals. State shall pay all costs associated with maintenance of the traffic signals. 4. State shall maintain that portion of the roadway lying within State jurisdiction. CITY OBLIGATIONS 1. City shall provide the necessary right-of-way and easements for any required roadway widening and for installation and maintenance of the traffic signal equipment, including advance detector loops. 2. City hereby grants State the right to enter into and occupy City street right-of-way for the performance of necessary maintenance of the traffic signal equipment, including vehicle detector loops. B1H91001 -2- Contract No. 10579 THE CITY OF ASHLAND 3. City shall mainta%n the asphaltic concrete pavement surrounding the vehic%e detector loops installed in City street in such a manlier as to provide adequate protection for said detector loops, and shall adequately maintain the pavement markings and signing %nstalled on City streets in accordance with the plans and specificaitons. 4. 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. 5. City shall, upon completion of construction, pay all cost of electrical energy consumed in operation of the traffic signal. 6. City shall author%ze execution of this agreement during a regularly convened session of its City Council. MUTUAL OBLIGATIONS 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 o~issions 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 fron~ City's or State's own acts or omissions under this agreement. 2. 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 ail their subject workers. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on July ]7, 1990 as a part of the Six-Year Highway Improvement Program (page 42). B1H91001 -3- Contract No. 10579 THE CITY OF ASHLAND The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign the necessary agreements for and on behalf of the Commission. Said authority has further been delegated to the Traffic Engineer pursuant to Subdelegation Order HWY-~, paragraph 3. APPROVAL~ RECOMMEND R~gion Engineer APPROVED AS TO LEGAL/STJFFICIE~Y / Asst. Attorney General Date APPROVED AS TO LEGAL SUFFICIENCY By City Attorney THE CITY OF ASHLAND Billing Address: STATE OF OREGON, by and through its Department of Transportation, Highway Division By "' : .... ,i Traffic En~in'eer Date THE CITY OF ASHLAND, by and through its Elected Officials By Mayor Recorder B1H91001 ~4- .3ED :PROJECT :-_-.. i EXHIBIT_A ASHLAND SISKIYOU BLVD @ WIGHTMAN (Ashland)