HomeMy WebLinkAbout1996-159 Co-op Agrmt - ODOT
July 25, 1996
Misc. Contracts & Agreements
No. 14638
AMENDMENT NO.1
COOPERATIVE IMPROVEMENT AGREEMENT
The State of Oregon, acting by and through its Department of Transportation, hereinafter
referred to as "ODOT", the CITY OF ASHLAND, by and through its Elected Officials,
hereinafter referred to as "CITY"; and STATE OF OREGON, acting by and through its
State Board of Higher Education on behalf of Southern Oregon College, hereinafter referred
to as "COLLEGE" entered into an agreement on June 13, 1996. Said agreement covers the
realignment oflndiana and Wightman Streets intersection with Siskiyou Boulevard.
It has now been determined by ODOT, CITY, and COLLEGE that the agreement
referenced above, shall be amended by this agreement and replaced in its entirety.
WITNESSETH
RECITALS
I. Rogue Valley Highway (Siskiyou Boulevard) is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation Commission, and
Indiana and Wightman Streets are 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, ODOT 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. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies 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. College intends to develop the Center for the Visual Arts complex that is to be located
astride Indiana Street on the south side of Rogue Valley Highway (Siskiyou Boulevard).
This development, as well as ongoing concerns about pedestrian safety for students
crossing Siskiyou Boulevard in this vicinity, will require a realignment ofIndiana Street
Agreement No. 14638
Ashland/Southern Oregon State College
with Wightman Street at their intersection with Siskiyou Boulevard. 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.
5. "Siskiyou Construction Costs" are defined to be the actual cost of construction of the
work within Rogue Valley Highway (Siskiyou Boulevard) right~of~way such as signal
relocation or construction, island removal or replacement, pavement, sidewalk and curb
costs for engineering, surveying, inspection, and construction.
6. Preliminary engineering, construction engineering, and construction costs of the project
shall be financed with $50,000 of ODOT funds for the "Siskiyou Construction Costs"
of the project and $50,000 of College funds. City shall be responsible for any and all
costs of the project which exceed ODOT and College combined deposit of$100,000.
7. 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 place or erect them upon
State of Oregon highways at places where ODOT deems necessary for the safe and
expeditious control of traffic. No traffic control signals or devices shall be erected or
maintained upon any State of Oregon highway by any authority other than ODOT,
except with its written authorization. Traffic signal work on the project will conform to
the current ODOT standards and specifications.
ODOT OBLIGATIONS
1. 0 DOT shall review City plans and provide actual design of the required directional and
traffic control devices and actual design of changes necessary within the right-of-way of
the Rogue Valley Highway (Siskiyou Boulevard). ODOT shall also provide, to the full
extent possible, the services ofODOT's Traffic Signal Team to assist the City's Electric
Department in the actual relocation and reconstruction of the existing traffic signal
facilities at the WightmanlRogue Valley Highway (Siskiyou Boulevard) intersection.
2. ODOT shall, upon satisfactory signal turn-on and at its own expense, perform all
required traffic signal maintenance and retain complete jurisdiction and control of the
timing established for operation of the traffic signal.
3. ODOT shall be responsible for the conduit and trenching portion of the traffic signal for
this project, not to exceed ODors initial deposit of$50,000.
4. ODOT shall, upon receipt of a fully executed copy of this agreement, forward to City an
advance deposit in the amount of $50,000 to pay for its share of the design and
construction of the "Siskiyou Construction Costs" of the' project. Any portion of
2
Agreement No. 14638
Ashland/Southern Oregon State College
ODOT's advance deposit of $50,000 which is in excess of the "Siskiyou Construction
Costs" will be refunded or released to ODOT.
5. ODOT grants authority to City to enter upon ODOT right-of-way for the construction of
this project.
CITY OBLIGATIONS
I. City shall conduct, by city staff or consultant, 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, advertise for bid
proposals, award all contracts and furnish all construction engineering, material testing,
technical inspection and project manager services for realigning Indiana Street to meet
Wightman Street and making necessary improvements to Rogue Valley Highway
(Siskiyou Boulevard) such as signal location, island removal or replacement, and
sidewalk and curb modifications. City shall provide to ODOT permanent mylar "as
constructed plans".
2. City shall maintain the asphaltic concrete 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
installed on City streets in accordance with the plans and specifications.
3. City shall compile accurate cost accounting records. ODOT and College may request a
statement of costs to date at any time by submitting a written request. When the actual
total costs of the project have been computed, City shall furnish ODOT and College
with an itemized statement of said final costs.
4. If College and ODOT approve City's plans, specifications, and estimates required for
the project, City shall transfer to College the City's entire interest in all real property
currently occupied by Indiana Street that will not be occupied by Indiana Street after the
realignment.
5. City hereby grants ODOT 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.
6. City shall, upon request by ODOT, relocate and 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
3
Agreement No. 14638
Ashland/Southern Oregon State College
the plans for the project. City may request ODOT to arrange for such relocation, acting
on behalf of City and at no additional cost to ODOT.
7. City, by execution of this agreement, consents, 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 ofthe project covered by this agreement.
8. City shall, upon completion of the project and at its own expense, provide all power
required for operation of the traffic signal.
9. City shall enter into and execute this agreement during a duly authorized session of its
City Council.
10. City shall set up an expense account for ODOT forces to charge all related expenses for
and up to the maximum amount of $50,000. City shall be responsible for any expenses
above ODOT's deposit of$50,000 and College's deposit of $50,000.
II. Within 30 days following completion of the project, City shall provide College with an
itemized statement of the actual total project costs other than "Siskiyou Construction
Costs." If such project costs are less than $50,000, City shall pay such difference to
College within 30 days. Any portion of College's advance deposit of $50,000 which is
in excess of the project costs will be refunded or released to College within 30 days of
receipt ofthe itemized statement of the actual total project costs.
12. City, or its consultant, shall obtain and keep in effect during the term of this agreement,
Comprehensive or Commercial General Liability Insurance covering bodily injury and
property damage. This insurance shall include personal injury coverage, contractual
liability coverage for the indemnity provided under this agreement, and
products/completed operations liability. Combined single limit per occurrence shall not
be less than $1,000,000, or the equivalent. Each annual aggregate limit shall not be less
than $1,000,000, when applicable.
The liability coverages required for performance of the agreement shall include the
State of Oregon, Department of Transportation and their divisions, officers and
employees, as Additional Insureds but only with respect to City's, or its consultants',
activities to be performed under this agreement.
Before this agreement is executed, City, or its consultant, shall furnish to ODaT a
Certificate of Insurance for the limits set out above, which is to be in force and
applicable to the project.
4
Agreement No. 14638
Ashland/Southern Oregon State College
The insurance coverage shall not be amended, altered, modified, or canceled insofar as
the coverage contemplated herein is concerned without at least thirty (30) days prior
written notice to ODOT.
COLLEGE OBLIGATIONS
I. If College and ODOT approve City's plans, specifications, and estimates required for
the project, College shall transfer to City the College's entire interest in all real property
to be occupied by the realigned Indiana Street.
2. College shall, upon receipt of a fully executed copy of this agreement, forward to City
an advance deposit in the amount of $50,000 to pay for its share of the design and
construction of the project, other than the "Siskiyou Construction Costs". College shall
not pay any amount of the "Siskiyou Construction Costs."
GENERAL PROVISIONS
1. ODOT, City, and College agree and understand that a mutual review of the plans,
specifications, and estimates will be conducted prior to advertisement for construction
bid proposals. City shall not advertise for construction bid proposals unless College and
ODOT have approved such plans, specifications, and estimates.
2. To the extent permitted by applicable law including Article XI, Sec. 7, of the Oregon
Constitution and the Oregon Tort Claims Act, City, ODOT, and College shall each be
solely responsible for any loss or injury caused to third parties arising from City's
ODOT's and College's own acts or omissions under this agreement and City, ODOT, or
College shall defend, hold harmless and indemnifY the other parties to this agreement
with respect to any claim, litigation, or liability arising from City's, ODOT's, or
College's own acts or omissions under this agreement.
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.
5
Agreement No. 14638
Ashland/Southern Oregon State College
IT WIlNESS 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 March 7, 1996 adopted Delegation Order 2,
which grants authority to branch and region managers to approve and execute agreements
for work in the current Statewide Transportation Improvement Program or approved
workplan budget.
APPROVAL RECOMMENDED
By
9/4(~
APPROVED AS TO LEGAL
SUFFIC~CY / /
By vi 1: ~~
Asst. Attorney General
Date 1/ ~/?t
STATE OF OREGON, by and through
the Board of Higher Education on behalf
of Southern Oregon State College
By ~~^t-"A--\
,
Dean of AdministrationlFinance
Date '1po l1 ~
Region Manager
Date
8/d-B }rrb
I
THE CITY OF ASHLAND, by and through
its Elected Officials
~~~ 5/;'I/7v
Mayor Date
By /J~/L-' tiA-t( (~~ yji/t?
City Recorder Date
REVIEWED AS TO CONTENT
By rLo;c;/r ~/r,~;li;WO~~Da11</q"
REVIEWED AS TO FORM
By ftVr6
City Attorney
3'/6/7(0
Date
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DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
C I TV
HAL L
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
liOTIt;E_ OF.. TR;tNSM{.1T.AL
TO: Barbara Christensen
City Recorder
DATE
PROJECT
JOB NO.
SUBJECT
09/23/96
Indiana/Wightman Realignment
96-15
Amendment No.1 to
Intergovernmental Agreement
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Original Amendment No.1, Cooperative Improvement Agreement (No. 14638).
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: This is an amendment to the original intergovernmental agreement approved on June
13, 1996 and transmitted to you for filing on June 19, 1996.
COPIES TO: Susan Wilson Broadus
Pete Lovrovich
Greg Scoles
Department of Public wor,~
Engineering Division
By: James H. Olson
Title: Assistant City Engineer
(c: \eogineer\nottcans. fnn