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HomeMy WebLinkAbout2002-063 Agrmt & AMND #1 - ODOT - No 19686July 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 "ODOT"; 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 2® Street @ OR 99 (Lithia Way) are under the ownership, jurisdiction and control of ODOT. 4. By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT 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, ODOT 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 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 its written approval. Traffic signal work on this Project will conform to the current ODOT 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, ODOT 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 ODOT 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 ODOT 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 ODOT standards. City acknowledges and agrees to ODOT reserving the right of approval of said design and specifications. 2. City hereby grants ODOT the right to enter into and occupy City street right-of-way for the purpose of construction of this project. 2 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. ODOT OBLIGATIONS 3 Agreement No. 19686 Helman - 2nd Street & Valley View ~ 4th Ashland 1. ODOT 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. ODOT shall award the construction contract, furnish all construction engineering, field testing of materials, technical inspection and project management services for administration of the contract. ODOT 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, ODOT 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. ODOT shall perform the signal equipment testing timing and turn-on. GENERAL PROVISIONS 1. City and ODOT 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. 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: 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 10 days or such longer period as ODOT may authorize. c. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. 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 STATE OF OREGON, by and through its City Council ' Dep~,~ of Tran/~rtat;n Title: ~,x.~.~ _ Exec~t)ve I~eputy Director .r Highways By /,~,f/,r-~,~ ~&;~~ Date~' ~'- "~) -- O"Z..~ Title: By. Tech. Services Mg~./~hie--'f Eng. Title: Date ~/2_,7 Date 7"/7-~,=- AP(I~Rtf~_)L !~CO M M E N D E D APPROVED AS TO LEGAL ~~, ~ ~-~ SUFF~ENCY By I~~-~ Region ~ Ma~er State'traffic Engineer Date ~ - [-1 -- 0 ~ APPROVED AS TO LEGAL Asst. Attorney General Agency Address CITY OF ASHLAND ATTN PUBLIC WORKS DIRECTOR 20 E MAIN STREET ASHLAND OR 97520 gon !~'~:~',, Department of Transportation ~,~.:: :,,.~,;~ Transportation Building 5~L5~};?; John A K,t×habcr MD Gore, nor 355 Capitol St. NE ~a~o.~ Salem, Oregon 97301 FILE CODE: AGR September 4, 2002 City of Ashland Attention: Barbara Christensen, City Recorder 20 E. Main St. Ashland, OR 97520-1849 Enclosed for your records is a fully executed copy of Cooperative Improvement Agreement number 19686. This agreement covers Helman-2nd Street & Valley View to 4th signal replacement. We have retained a fully executed copy of this agreement for the Department of Transportation's files. ~~eements Specialist Construction Contracts Unit Roadway Engineering Section Enclosure KJ/klj Form 734-3122(4-99) February 12, 2003 Misc. Contracts and Agreements No. 19686-01 Cooperative Improvement Agreement AMENDMENT NO. 1 Helman - 2"~ Street & Valley View to 4th The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as ODOT, and the City of Ashland, hereinafter referred 1:o as City, entered into an Agreement on August 30, 2002. Said agreement covem the Helman - 2nd Street and Valley View to 4"' Project. It has now been determined by ODOT and City that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to add the installation of signs to the project and include responsibility for sign maintenance Paragraph 1 of Terms of Agreement, Page 2, which reads: 1 For the purpose of improving pedestrian safety and enhancing local histodc compatibility, ODOT 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 (Uthia Way) 2nd Street @ OR 99 (Main Street) and 2nd Street @ OR 99 (Uthia Way); City and ODOT will also add curb extensions at the intersections of Pioneer Street @ OR 99 (Uthia 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. Shall be amended to read: For the purpose of improving pedestrian safety and enhancing local historic compatibility, ODOT 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 Agreement No. 19686-01 Helman - ;? St. & Valley View to 4th 2nd Street @ OR 99 (Lithia Way); City and ODOT will also add curb extensions at the intersections of Pioneer Street @ OR 99 (l_ithia Way) and 2nd Street @ OR 99 (Lithia Way), provide alternate signal and illumination pole treatments, provide aluminum signs and metal sign posts, hereinafter referred to as "Project". The location of the Proiect is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. Paragraph 3 of City Obligations, Page 3, which reads: City shall, at City expense, maintain all signal and illumination poles and sign posts within said project limits. Shall be amended to read: City shall, at City expense, maintain all signal and illumination poles, sign posts and aluminum signs within said project limits. Paragraph 3 of ODOT Obligations, Page 4, which reads: As a project expense, ODOT 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. ODO']- shall pedorm the signal equipment testing timing and turn-on. Shall be amended to read: As a project expense, ODOT shall replace the signals, provide altemate signal pole treatments, provide alternate illumination pole treatments, and provide aluminum signs and metal sign posts listed under TERMS OF AGREEMENT, paragraph 1. ODOT shall perform the signal equipment testing timing and turn- on. IN WITNESS WHEREOF, tho parties hereto have set their hand9 and their seals a.~ of the day and year hereinafter written The Oregon Transportation Commission on February 13,2002, 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. Agreement No. 19686-01 Helman - 2nd St. & Valley View to 4th On September 6, 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 STATE OF OREGON, by and through its City Council Department of Transportation Title: ~ ~[~,~,,~ ~ .. Executive Deputy Director for Highways By/¢/-~~..,~,#_~Z~¢c.~,,~,~¢~- Date By. By. Title: Tech. Services Mgr./Chief Eng. Date Date. APPROVED AS TO LEGAL C;ty Attorney Region ,3 Manager Date Agency Address: By_ City of Ashland State Traffic Engineer Attn: Public Works Director 20 E Main Street Date Ashland, OR 97520 APPROVED AS TO LEGAL SUFFICIENCY By. Asst. Attorney General Date CiTY OF SHLAND NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN CITY RECORDER DATE: PROJECT: JOB NO.: SUBJECT: APRIL 11, 2003 HELMAN ST - 2~a) & VALLEY VIEW - 4TM ST COOPERATIVE IMPROVEMENT AGREEMENT THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Please find attached an original fully executed copy of the Cooperative Improvement Agreement No. 19686, amendment 1 with ODOT for the Helman - 2"d Street & Valley View --4th Street improvements. ENCLOSED ~ UNDER SEPARATE COVER REMARKS: COPIES TO: Department of PubJj~./~Norks By: Dawn Lamb4 JJ[[ Title: Administrat~e Assistant PUBLIC WORKS Tel: 541-488-5587 20 E. Main Street Fax: 5414884006 Ashland, Oration 97520 TTY: 800-735-2900 www.ashland.or.us G:\pub-wrks~admin~PB Streets\ODOT Agreements\ODOT Helman 2nd Valley View Improvement 19686 NOT.doc O-r gon Theodore R. Kulongoski, Govemor Department of Transportation Transportation Building 355 Capitol St. NE Salem, Oregon 97301 FILE CODE: AGR April 8, 2003 City of Ashland Attn: Public Works Director 20 E Main Street Ashland, OR 97520 Enclosed for your records is a fully executed copy of Cooperative Improvement Agreement number 19686, amendment 1. This agreement covers the Helman- 2nd Street and Valley View to 4th project. The amendment adds the installation of signs to the project, and includes responsibility for sign maintenance. We have retained a fully executed copy of this amendment for the Department of Transportation's files. Trish Barker, Agreements Specialist Construction Contracts Unit Roadway Engineering Section Enclosure TB:plg Form 734-3122 (1-03) , February 12, 2003 Misc. Contracts and Agreements No. 19686-01 Cooperative Improvement Agreement AMENDMENT NO. 1 Helman - 2nd Street & Valley View to 4~ The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as ODOT, and the City of Ashland, hereinafter referred to as City, entered into an Agreement on August 30, 2002. Said agreement covers the Helman - 2"a Street and Valley View to 4= Project. It has now been determined by ODOT and City that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to add the installation of signs to the project and include responsibility for sign maintenance Paragraph I of Terms of Agreement, Page 2, which reads: For the purpose of improving pedestrian safety and enhancing local histodc compatibility, ODOT 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 ODOT will aiso add curb extensions at the intersections of Pioneer Street @ OR 99 (Uthia Way) and 2nd Street @ OR 99 (Lithia Way), provide altemate 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. Shall be amended to read: For the purpose of improving pedestrian safety and enhancing local historic compatibility, ODOT 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 'Agreement No. 19686-01 Helman - 2nd St. & Valley View to 4th 2nd Street @ OR 99 (Lithia Way); City and ODOT will also add curb extensions at the intersections of Pioneer Street @ OR 99 (Uthia Way) and 2nd Street @ OR 99 (Uthia Way), provide altemate signal and illumination pole treatments, provide aluminum signs and 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. Paragraph 3 of City Obligations, Page 3, which reads: City shall, at City expense, maintain all signal and illumination poles and sign posts within said project limits. Shall be amended to read: City shall, at City expense, maintain all signal and illumination poles, sign posts and aluminum signs within said project limits. Paragraph 3 of ODOT Obligations, Page 4, which reads: As a project expense, ODOT shall replace the signals, provide altemate signal pole treatments, provide altemate illumination pole treatments, and provide metal sign posts listed under TERMS OF AGREEMENT, paragraph 1. ODOT shall perform the signal equipment testing timing and turn-on. Shall be amended to read: As a project expense, ODOT shall replace the signals, provide altemate signal pole treatments, provide alternate illumination pole treatments, and provide aluminum signs and metal sign posts listed under TERMS OF AGREEMENT, paragraph 1. ODOT shall perform the signal equipment testing timing and turn- on. IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of the day and year hereinafter written The Oregon Transportation Commission on February 13,2002, 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. 2 Agreement No. 19686-01 - Helman - 2r~ St. & Valley View to 4th On September 6, 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 Title: By Title: Date APPROVED AS TO LEGAL SUFF/I~CIENCY City Attorney Date 'z~ ...,~". O ~ A.qenc¥ Address: City of Ashland Attn: Public Works Director 20 E Main Street Ashland, OR 97520 STATE OF OREGON, by and through its Exec~t~l~,e ~)~puty Dimmer fei Highways Date 3 ~~ 7 Tech. Services Mgr./Chief Eng. Date Regi~)n :~ Manager Date -~state Traffic Engineei oate APPROVED AS TO LEGAL SUFFI~NCY ~st.