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.