HomeMy WebLinkAbout2002-24 Siskiyou Blvd Agrmnts RESOLUTION NO. 2002-.~
A RESOLUTION AUTHORIZING AGREEMENT NO. 725 -
ABANDONMENT AGREEMENT SISKIYOU BOULEVARD AT LITHIA
WAY AND E. MAIN STREET ROGUE VALLEY HIGHWAY NO. 63
(OR99) MP 19.52 TO 19.46 (TO THE CITY) CITY OF ASHLAND WITH
THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Agreement No. 725 - Abandonment Agreement Siskiyou Boulevard at
Lithia Way and E. Main Street Rogue Valley Highway No. 63 (OR99) MP 19.52 to 19.46
(to the City) between the City of Ashland and the Oregon Department of Transportation
(ODOT) provides for the jurisdictional exchange of Highway 99 between Third Street
and E. Main and Third Street and Lithia Way to Siskiyou Boulevard and generally
Fourth Street.
SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on
behalf of the city.
This resolution was read by title only in accordance with Ashland Municipal Code
/ _
§2.04.090 duly PASSED and ADOPTED this /'~' day of ~ ,
2002.
Barbara Christensen, City Recorder
/ ,,
SIGNED and APPROVED this / ;7 day of ~ ,2002.
Alan DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 1 -R Ese LUTI O N \\COMPAQ l\DATA\GOV~pub-wrks~dmin\PB Council\Street Jurisdictional
Exchange\ODOT OTIA Transfer Resolution.doc)
June 24, 2002 Abandonment & Retention
Agreement No. 725
Key No. 12382
ABANDONMENT AGREEMENT
Siskiyou Boulevard at Lithia Way and E. Main Street
Rogue Valley Highway No. 63 (OR 99)
MP 19.52 to 19.46 (to the City)
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, hereinafter called "State",
and the City of Ashland, a municipal corporation of the State of Oregon, by and through
its City Officials, hereinafter called "City".
WITNESSETH
RECITALS
1. Rogue Valley Highway No. 63 is a State Highway under the jurisdiction and control
of State. Rogue Valley Highway is also designated as State Route OR 99.
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. Pursuant to ORS 373.010, whenever a State highway passes through the corporate
limits of any city, State may locate, relocate, reroute, alter, or change any State
highway when in its opinion the interests of the motoring public will be better served.
A&R 725
City of Ashland
4. Pursuant to ORS 366.395, the State may relinquish title to any of its property not
needed by it for highway purposes to any other governmental body or political
subdivision within the State of Oregon, subject to such restrictions, if any, imposed
by deed or other legal instrument or otherwise imposed by State.
5. Under the provisions of ORS 366.300, State and City may enter into agreements for
the disposition of a section of any state highway that may be eliminated from the
State highway system by reason of relocation or realignment of the highway where
the section to be eliminated is needed for the service of a community served
thereby.
6. The State maintains a State Route system to assist the motoring public in their
travels. Designated routes may be composed of both State highways and Local
roads. Designation and elimination of State Routes are under authority of the
Oregon Transportation Commission
7. By agreement between the City and State, it is possible to eliminate from the state
highway system a portion of the Rogue Valley Highway No. 63, and to transfer
jurisdiction from State to City, Unit 1 for the service of persons living thereon or for a
community served thereby. It is the purpose and plan of the parties hereto that Unit
1 be eliminated as a portion of the Rogue Valley Highway No. 63 and the state
highway system; that the unit pass to and vest in City; and that City maintain the unit
as a part of its city road system as long as needed for the service of persons living
thereon or a community served thereby. This section of roadway shall retain the
State Route OR 99 designation.
A&R 725
City of Ashland
NOW THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by the State and City as follows:
TERMS OF AGREEMENT
1. In recognition of mutual benefits which will accrue to the residents of the State of
Oregon and the City of Ashland, and for the purpose of furthering the development
of a State highway system adapted in all particulars to the needs of the people of
the State of Oregon, State and City have determined that a jurisdictional transfer of
right-of-way between the City and State within the City Limits of Ashland should be
accomplished.
2. State plans and proposes to relinquish State jurisdiction, control, and maintenance
responsibilities to the City in Unit 1 of Rogue Valley Highway No. 63, as shown on
Exhibit A, attached hereto and by this reference made a part thereof. This unit of
highways is more fully described below.
3. This agreement will become effective on the date all required signatures are
obtained, and shall remain in effect for the purpose of on-going maintenance
responsibilities for the useful life of the facilities referred to in this agreement.
4. In recognition of the benefits to the motoring public, this section of roadway will
retain the State Route OR 99 designation.
STATE'S OBLIGATIONS
1, State shall, by resolution, formally eliminate Unit 1 as a portion of the Rogue Valley
Highway No. 63 and the state highway system as shown in Exhibit A. All right, title,
3
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A&R 725
City of Ashland
and interest of State in the Unit, including all jurisdiction, maintenance, and control
shall pass to and vest in City as described as follows:
Unit 1
All land within the right of way boundaries of the Rogue Valley Highway
No. 63, as presently located, beginning on East Main Street at M.P. 19.52;
thence Northwesterly on East Main Street to its intersection with the
Northwesterly curb line of North 3RD Street at M.P. 19.46.
ALSO beginning on East Main Street at M.P. 19.52; thence
Northwesterly on Lithia Way to its intersection with the Northwesterly curb
line of North 3RD Street at M.P. 19.46 and lying in Section 9, Township 39
South, Range 1 East, W.M., Jackson County, Oregon.
Any right-of-way being transferred in which State has any title shall be vested in City so
long as used for public road purposes. If said right-of-way is no longer used for public
road purposes, it shall automatically revert to State.
CITY'S OBLIGATIONS
1. City agrees to accept all of State's right, title and interest in Unit 1; to accept
jurisdiction and control over the property; and to maintain the property as part of its
city street system as long as needed for the service of persons living thereon or a
community served thereby. Any right-of-way being transferred in which State has
any title shall be vested in City so long as used for public road purposes. If said
right-of-way is no longer used for public road purposes, it shall automatically revert
to State.
2. City shall pass an ordinance or resolution, as the case may be, authorizing
Mayor/Manager and Recorder to enter into the agreement on behalf of City.
.
4
A&R ('25
City of Ashland
GENERAL PROVISIONS
1. The properties above described are abandoned and transferred subject to the rights
of any utilities located within said properties and further subject to the rights of the
owners of said existing facilities, if any there be, to operate, reconstruct, and
maintain their utility facilities presently located within said properties. Nothing in this
paragraph shall be deemed, however, to relieve any utility or owner from complying
with the City's ordinances regulating the use of public rights-of-way; regulating the
operation, reconstruction and maintenance of utility facilities in public rights-of-way;
requiring the owner to obtain a franchise from the City to use such rights-of-way and
requiring payment to the City for such use. State shall use its best efforts to identify
all utilities located within the properties being transferred and shall cooperate with
City in notifying such entities as to City requirements.
2. Both parties, their 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.
3. Both parties acknowledge and agree that each other and the Oregon Secretary of
State's office and the federal government and their duly authorized representatives
shall have access to such fiscal records and other books, documents, papers, plans
and writings of both parties that are pertinent to this agreement to perform
examinations and audits and make excerpts and transcripts.
4. This agreement may be terminated by mutual written consent of both parties. State
may terminate this agreement effective upon delivery of written notice to City, or at
5
A&R 725
City of Ashland
such later date as may be established by State, 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 State fails to correct such failures within
10 days or such longer period as State may authorize.
c. If State fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
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 State 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.
5. If City fails to maintain facilities in accordance with the terms of this agreement,
State, 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.
6. Both parties 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 and State expressly agree to comply with (I) Title
VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
6
A&R 725
City of Ashland
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.
7. 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 State to enforce any provision of this agreement shall not constitute a waiver by
State of that or any other provision.
SIGNATURE PAGE TO FOllOW
7
A&R 725
City of Ashland
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
The Director on January 31, 2002, approved Subdelegation Order No.2, which
grants authority to the Deputy Director for the Oregon Transportation Investment Act to
approve and execute agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, in the Oregon
Transportation Investment Act project list, or in the approved biennial budget.
Pursuant to a Letter of Authority dated February 22, 2002, the Technical
Services Manager/Chief Engineer authorized the Right of Way Manager to approve and
execute agreements abandoning -owned right of way when the property is not required
for future State use.
CITY OF ASHLAND, by and ,
through its City Officials ../--//
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By ",. ,'''~~'7h'-:.e~.-
City Mayor/Manager
STATE OF OREGON, by and through
its Department of Transportation
By
Right-of-Way Manager
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City Recorder
Date
~ APPROVAL RECOMMENDED
By
Region 3 Manager
Date
7 -"f 7...~:J-
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date
Aqency Address:
City of Ashland
Attn Public Works Director
20 East Main Street
Ashland OR 97520
8
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June12, 2002 Misc. Contracts & Agreements
No. 19489
2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT
SISKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET
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 "Agency".
RECITALS
1. The 2001 Oregon Transportation Investment Act Program, hereinafter referred to as
the "2001 OTIA Program", provides funding for preservation and modernization
projects chosen by the Oregon Transportation Commission.
2. The Oregon Transportation Commission selected the projects to be funded
under the 2001 OTIA Program at its January 16, 2002 meeting. This
selection included Agency's project Siskiyou Blvd. at Lithia Way and East
Main Street, as described in Exhibit A.
3. By the authority granted in ORS 190.110, 366.770 and 366.775, state agencies may
enter into cooperative agreements with counties, cities, and units of local
government 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. 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 be placed or erected
upon state highway 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
it's written approval. Traffic signal work on this Project will conform to the current
ODOT 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:
Agreement No. 19489
City of Ashland
TERMS OF AGREEMENT
1. Agency shall make roadway modernization improvements on Siskiyou Blvd. at Lithia
Way and East Main Street, hereinafter referred to as "Project". A Project description,
budget. and sketch map showing the location and approximate limits of the Project
is shown on Exhibit "A", attached hereto and by this reference made a part hereof.
2. The total estimated cost of the Project is $750,000. The budget is shown on Exhibit
"An.
3. 2001 OTIA Program funds shall be limited to $500,000. Agency shall be responsible
for all costs in excess of the 2001 OTIA Program funded amount for this Project.
4, This agreement shall become effective on the date all required signatures are
obtained and shall be completed according to the schedule outlined in Paragraph 4,
Agency Obligations. Only work begun after the effective date of this agreement is
eligible for reimbursement with OTIA funds.
5. The funds available under the 2001 OTIA Program are State Highway Funds. To be
eligible for reimbursement under the 2001 OTIA Program, expenditures must
comply with the requirements of Article IX, Section 3a of the Oregon Constitution.
6. Agency and OOOT have.a joint obligation to ensure timely expenditure of 2001
OTIA Program monies and comply with the provisions of the bonds that finance the
2001 OTIA Program.
AGENCY OBLIGATIONS
1. Agency, or its consultant, shall conduct the necessary engineering and design work
required to produce final plans, specifications and cost estimates; obtain all right-of-
way, if any, required for Project in compliance with ORS 281.060; obtain all required
permits; arrange for all utility relocations or reconstruction, if any, required for
Project in compliance with the standards in Agency Obligations, Paragraph 13;
perform all construction engineering, including all required materials testing and
quality documentation; prepare all bid documents; advertise and award all contracts;
provide Project management services; and other necessary functions for
administration of the contract.
2. The Project shall be developed in conformance with OOOT's standards.
3. Traffic signal maintenance and power responsibilities are addressed in Signal
Maintenance Agreement No. 19017,
Key No. 12382
2
"'k" ,
Agreement No. 19489
City of Ashland
4. Agency shall provide ODOT with sufficient information to complete a project
prospectus so that ODOT can track Project using ODOT's automated management
system.
5. a. Agency shall submit documentation to ODOT's Project Liaison that shows that
Agency has met Project key milestones. The Project key milestones, dates, and
required documentation are shown below:
Environmental: July 30, 2002
Documentation: Letter from Agency documenting that the milestone has been
met.
Right of Way Acquisition: September 30, 2002
Guidelines: It is agreed that Agency will strictly follow the rules, policies and
procedures of the "Uniform Relocation Assistance and Real Property Acquisition
Policy Act of 1970" as amended, ORS 281.060, ORS 35.345, and the State of
Oregon Right of Way Manual.
Documentation: Letter from Agency's legal counsel certifying that 1) right of way
acquisition work has been completed in accordance with these guidelines and 2)
the right-of-way needed for the Project has been obtained.
Land Use Permits: July 30, 2002
Documentation: Letter from Agency indicating that all Land Use Permits
required for final design have been obtained.
Final Plans / Biddable Engineering Documents: July 30, 2002
Documentation: A copy of completed Project plans, specifications and cost
estimates.
Contract Advertisement and Award: August 25, 2002
Documentation: A copy of the Award of Contract submitted to the Bureau of
Labor and Industries.
Construction Completion: December 30,2003
Documentation: A letter from Agency indicating that construction is substantially
complete.
Project Completion: January 30, 2004
Documentation: Letter from Agency indicating that the Project is complete and
open to traffic, accompanied by Agency's final billing to ODOT.
b. If the Agency does not meet a Project milestone date within one month of the
date specified in Agency Obligations, Paragraph 4.a, reimbursement of Agency's
Key No. 12382
3
Agreement No. 19489
City of Ashland
Project expense shall be changed to one-half of the rate specified in OOOT's
Obligation's, Paragraph 1, until such time as the Project has completed the
milestone and Project is back on schedule.
c. Immediately upon missing a milestone date, Agency and OOOT shall establish a
project review team including Agency's Project Liaison and OOOT's Project
Liaison, at a minimum, and may include such other members as are deemed
necessary, The project review team shall determine (a) if failure to complete the
milestone in question will jeopardize successful completion of Project, (b) what
steps must be taken by Agency to ensure successful completion of Project, and
(c) revise the Project schedule, if changes are required.
d. In the event that the Project schedule itemized in Agency Obligations 4.a. is
revised pursuant to Agency Obligation 4.c. the Agency's Project Liaison and
OOOT's Project Liaison shall reduce the revision to writing. The Agency's
Project Liaison and OOOT's Project Liaison shall incorporate the revised
schedule into the intergovernmental agreement by entering into a formal
amendment to this agreement.
e. When the Project is back on schedule according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal
amendment, Agency shall receive any funds withheld by OOOT under the
provisions of Paragraph 1,b. of OOOT's Obligations.
6, Agency shall present invoices for the eligible, actual costs incurred by Agency on
behalf of the Project directly to OOOT's Project Liaison for review and approval.
Such invoices shall be submitted in the form as shown on Exhibit "C", OTIA
Progress Billing, attached hereto and by this reference made a part hereof. Invoices
will identify the Project and agreement number, and shall itemize and explain all
expenses for which reimbursement is claimed. Invoices shall be presented for
periods of not greater than one month, based on actual expenses incurred, and
must clearly specify the percentage of completion of the Project.
7. Agency shall submit a billing at the time Agency documents that Construction
Completion, as set out in Agency Obligations, Paragraph 4, is complete. The billing
will indicate total Project costs incurred to date, whether there are unresolved
claims, and the anticipated timeline for resolving claims and closing the Project.
8. Agency shall be responsible for any and all costs of Project which are not covered
by OTIA funds, including costs of the Project when the maximum amount of OTIA
funds obligated under this Agreement have been expended.
9. Agency agrees to 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.
1 O.Agency shall perform the service under this agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
Key No. 12382
4
Agreement No. 19489
City of AsWand
its employment of individuals to perform the work under this agreement including,
but not limited to, retirement contributions, workers compensation, unemployment
taxes, and state and federal income tax withholdings.
11. Agency, 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, unless such employers are exempt under
ORS 656.126. Agency shall ensure that each of its contractors complies with these
requirements.
12. Agency will maintain the improvements made as a result of the Project at the same
level as other similar facilities owned by Agency.
13. Agency agrees that the Project will be on the public right-of-way and will serve
general transportation needs.
14. Utility relocation or reconstruction mayor may not be an eligible Project expense
according to the following standard:
a. The expense is an eligible expense if the owner of the utility facility
possesses a property right for its location on the public right of way.
b. The expense is not an eligible expense if the owner of the utility facility
does not possess a property right for its location, but the facility exists on
the public right of way solely under the permission of the Agency or other
road authority, whether that permission is expressed or implied, and
whether written or oral.
15. Agency certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
Agency's current appropriation or limitation of the current budget. Agency further
agrees that they will only submit invoices to ODOT for reimbursement on work that
has been performed and paid for by Agency.
16. Agency shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon,
Oregon Transportation Commission and its members, and the Oregon Department
of Transportation and its officers and employees, from all claims, suits or actions of
any nature arising out of activities of Agency, its consultant, its contractor, its
officers, subcontractors, agents, or employees under this agreement.
17. Agency's Project Liaison for this agreement is Paula Brown 20 East Main St.,
Ashland OR 97520, (541) 488-5587 . Agency's Project Liaison is granted the
authority to enter into and execute formal amendments to this agreement when
revisions to the Project schedule are deemed necessary by the project review team.
Key No. 12382
5
Agreement No. 19489
City of AsWand
18.Agency shall place signs that identify Project as "Another Project Funded by 2001
Oregon Transportation Investment Act" (OOOT approved design). Agency may
affix additional signage that identifies local funds used for the Project.
19. Agency agrees that it will call attention to the Project and help make it visible to the
public.
20.Agency agrees to provide progress information and photographs in a suitable format
for posting on the OTIA web site maintained by OOOT and to provide appropriate
links from Agency's web sites to the OTIA web site.
21.Agency agrees to comply with the conditions for Project approval adopted by the
Oregon Transportation Commission, as set out in Exhibit "8", Special Conditions,
which is attached and made part of this Agreement.
OOOT OBLIGATIONS
1.
a. OOOT shall reimburse Agency 100% of eligible, actual construction costs,
and all associated construction costs incurred up to the maximum amount of
OTIA funds committed for the Project specified in Terms of Agreement,
Paragraph 3, provided that Agency is meeting the Project milestones set out
in Agency Obligations, Paragraph 4. a. Under no conditions shall OOOT's
total obligation exceed $500,000 including all expenses.
b. In the event that Agency has not met a Project milestone, OOOT shall
change its rate of reimbursement to Agency to be one-half of the rate
specified in Paragraph 1.a. until such time as Project is back on schedule.
c. When the Project is back on schedule, according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal
amendment per Agency Obligations 4.d., OOOT shall pay Agency any funds
withheld by OOOT under the provisions of Paragraph 1.b. of OOOT's
Obligations.
d. OOOT agrees to comply with the provisions of ORS 293,462 with regard to
timely payment.
2. OOOT certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
OOOT's current appropriation or limitation of current biennial budget.
3. ODOT's Project Liaison for this agreement is Ken Norton, 3500 Stewart Parkway,
Roseburg, OR 97470. (541) 957-3510. ODOT's Liaison shall:
a. Receive any notices provided by Agency under this agreement.
b. Review and process for payment all eligible, actual Project costs incurred
within 30 days of the date of receipt of Agency's invoices by OOOT
c. Advise Agency at Agency's request on matters affecting the Project.
Key No. 12382
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Agreement No. 19489
City of Ashland
d. ODOT's Project Liaison is granted the authority to enter into and execute
formal amendments to this agreement when revisions to the Project
schedule are deemed necessary by the project review team.
4. ODOT shall review the documentation provided by Agency to ensure that the
Project undertaken by Agency is the Project approved by the Oregon Transportation
Commission at its January 16, 2002 meeting. '
5. As a Project expense, ODOT shall conduct all traffic signal equipment testing, turn-
on, timing costs, plan review, construction engineering, inspection services and
maintenance for signal.
6. ODOT shall, on a monthly basis, invoice City for all costs necessary to operate and
maintain traffic signal.
7. ODOT shall not be required to approve Agency's selection of contractors, right-of-
way purchase, or engineering design documents, except as the Project design
affects the state highway system or as required by the conditions of approval
adopted by the Oregon Transportation Commission,
8. ODOT shall maintain a web site for the 2001 OTIA Program listing Project status
and accomplishment information for Agency's Project.
GENERAL PROVISIONS
1. This agreement may be terminated by mutual consent of both parties.
2. ODOT may terminate this agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by ODOT, under any of the
following conditions:
a, If Agency fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
b. If Agency 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.
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.
If ODOT terminates this agreement for the reasons described in General Provisions,
Paragraph 2., "a" or "b" above, Agency must reimburse ODOT for all Oregon
Transportation Investment Act funds expended. If Agency fails to reimburse ODOT,
Key No. 12382
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Agreement No. 19489
City of Ashland
ODOT may withhold Agency's proportional share of State Highway Fund distribution
necessary to reimburse ODOT for costs incurred by such Agency breach.
Any termination of this agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
3. Agency acknowledges and agrees that ODOT, the Secretary of State's Office of the
State of Oregon, and their duly authorized representatives shall have access to the
books, documents, papers, and records of Agency which are directly pertinent to the
specific agreement for the purpose of making audit, examination, excerpts, and
transcripts during the course of the Project and for a period of three years after final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by ODOT.
4. 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 either party to enforce any provision of this agreement shall not constitute a
waiver by that party 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 Oregon Transportation Commission approved this Project on January 16, 2002.
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.
The Director on January 31, 2002, approved Subdelegation Order No.2, which grants
authority to the Deputy Director for the Oregon Transportation Investment Act to
approve and execute agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, in the Oregon
Transportation Investment Act project list, or in the approved biennial budget.
Key No. 12382
8
.~'-' ------.,-,..--.-
Agreement No. 19489
City of Ashland
APPROVAL RECOMMENDED
By
Region 3Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
APPROVED AS TO LEGAL
SUFFICIE CY
By
Agency Attorney
Date ~ 0 ..,..........--
Key No. 12382
STATE OF OREGON, by and through
Its Department of Transportation
By
Deputy Director for Oregon Transportation
Investment Act
Date
CITY OF ASHLAND, by and through
its City Council
~7 ~?~
~~a.-~.~_
Age~'s ~uthOrjZed Repre~entative
By /~ ~-d'.c.,)
Agency's Authorized Representative
By
Date 1..../7....0;2-
RETURN AGREEMENT TO AGENCY:
Contact:
City of Ashland
20 East Main Street
Ashland OR 97520
9
Agreement No_ 19489
City of Ashland
EXHIBIT A
CITY OF ASHLAND
SISKIYOU BLVD. @ L1THIA WAY & EAST MAIN STREET
Project will consist of street and sidewalk geometry improvements, and the installation
of a multi-phase signal for this non-typical intersection. Improvements will enhance
safety and improve the level of service for vehicles and pedestrians. Project will result
in a geometry and standard that will allow the city to assume ownership of this segment
of the state highway upon completion of the project.
Project Cost Estimate
Project Financing
Preliminary engineering
& design
Right-at-way purchase
Construction
Total
$
$ 5000
$745,000
$750,000
Agency Contribution $250,000 33%
*See Note Below
OTIA
$500,000 67%
Total
$750,000 100%
Exhibit A, Project Map is attached.
*This Project will be financed by first using Oregon Transportation Investment Act
(OTIA) Funding, this includes right-of-way. The City of Ashland will provide the
additional funds for right-of way and to complete the Project in addition to that provided
by OTIA. Initial estimates are that the City's contribution has a value of $250.000.
EXHIBIT B
CITY OF ASHLAND
SISKIYOU BLVD @ L1THIA WAY & EAST MAIN STREET
SPECIAL CONDITIONS
The Oregon Transportation Commission approved Projects for funding under
aTlA subject to certain conditions:
The City of Ashland shall agree to accept jurisdiction of Rogue Valley Highway No. 63
(Lithia Way) from Engineer's Station 19.46 to Engineer's Station 19.52 AND Rogue
Valley Highway No. 63 (East Main) from Engineer's Station 19.46 to Engineer's Station
19,52. Reference Abandonment & Retention Agreement No. 725.
Key No. 12382
10
Agreement No. 19489
City of Ashland
EXHIBIT C
Oregon Transportation Investment Act (OTIA)
Progress Billing
(form)
Agency: CITY OF ASHLAND
Project: SISKIYOU BLVD @ L1THIA WAY & EAST MAIN STREET
Agreement No: 19489
Billing Period: to
Costs Amount Percent
Incurred Costs Total Claimed Complete
This Billed Total Cost Participation Amount Prior Total This This
Period Previously To Date Rate Claimed Claimed Period Phase
Planning
Engineering
Design
Right of Way
Construction
Total
Submission of this request certifies that, in accordance with the laws of the State of Oregon and
under the conditions of approval for the project identified above, actual costs claimed have
been incurred and are eligible pursuant to the Intergovernmental Agreement between Agency
and the Oregon Department of Transportation. Also, no other claims have been presented to,
or payment made by, the State of Oregon for those costs claimed for reimbursement.
Agency Project Liaison
Date
(for OOOT use)
I have reviewed the above project and related costs and, in my opinion, subject to audit,
the costs reflect the progress to date and are eligible for reimbursement in the amount
of $
ODOT Project Liaison
Date
Key No. 12382
11
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NT NO 19489
BIT A AGREEME.
EXHI
July 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, OOOT 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 OOOT 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 OOOT 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 OOOT
standards. City acknowledges and agrees to OOOT reserving the right of approval
of said design and specifications.
2. City hereby grants OOOT 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.
OOOT OBLIGATIONS
3
Agreement No. 19686
Helman - 2nd Street & Valley View - 4th
Ashland
1. OOOT 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. OOOT shall award the construction contract, furnish all construction engineering,
field testing of materials, technical inspection and project management services
for administration of the contract. OOOT 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, OOOT 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. OOOT shall
perform the signal equipment testing timing and turn-on.
GENERAL PROVISIONS
1. City and OOOT 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. OOOT may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by OOOT, 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 OOOT fails to correct such failures within 10 days or
such longer period as OOOT may authorize.
c. If OOOT fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided
in the agreement.
4
...'......, -,..-.-.......-
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 OOOT 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,
OOOT, 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 OOOT to enforce any provision of this agreement shall not constitute a waiver by
OOOT 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
City Council ~ .~~.
By ~~?~
::e~~
Title: t1/1lf
By
Title:
Date 7.// 7-o~
APPROVED AS TO LEGAL
SU:~ENCY
By k:s-
City Attorney
Date
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Aqencv Address
CITY OF ASHLAND
ATTN PUBLIC WORKS DIRECTOR
20 E MAIN STREET
ASHLAND OR 97520
STATE OF OREGON, by and through its
De artment of Transp rtation
Date 'X - xJ.- ()'L-
BY~IVJ ,f\)~
Tech. Services Mgr.lChiel Eng.
Date t /2-7 ~v~
ECOMMENDED
Date_e/~!(j "-
Date '>>'/2 g/'O~
{ .
APPROVED AS TO LEGAL
SUFFICI~CY , /
By tYL 1( 'ij ~
Asst. Attorney General
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July 11,2002 Misc. Contracts & Agreements
No. 19017
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
CITY OF ASHLAND
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 Elected Officials,
hereinafter referred to as "City".
WITNESSETH
RECITALS
1. By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT may enter
into cooperative agreements with the various 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.
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. This agreement shall cover the electrical, maintenance and timing responsibilities of
the traffic signals and flashing beacons identified in Exhibit A, attached hereto and
by this reference made a part hereof.
2. The traffic signals listed and flashing beacons in Unit 1 of Exhibit A are part of the
City's system under the jurisdiction and control of the City.
3. The traffic signals listed in Unit 2 of Exhibit A are part of ODOT's highway system
under the jurisdiction and control of ODOT.
4. This agreement will cover the electrical and maintenance responsibilities of the
traffic signals identified in Exhibit A. The total cost of the maintenance of traffic
signals and flashing beacons listed in Unit I of Exhibit A shall not exceed $1500 per
traffic signal, per year. The total cost of the State's share of maintenance costs
Agreement No. 19017
Signal Maintenance - Ashland
obligated under this agreement shall not exceed $120,000 in State Funds during the
term of this Agreement. Said cost is subject to review for inflation, and any changes
shall be by a fully executed amendment, signed by both parties. Maintenance does
not include repairs performed on an emergency basis; emergency costs shall be the
liability of the party that has jurisdiction of the respective traffic signal or flashing
beacon. In addition, maintenance does not include repairs that are a result of a
construction project, said construction costs shall be addressed under separate
agreements.
5. This agreement shall become effective on the date all required signatures are
obtained and shall terminate on February 28, 2012.
6. This agreement shall supercede portions of any and all previous agreements
relating to electrical and maintenance responsibilities of the traffic signals and
flashing beacons identified in Exhibit A. Upon execution of this agreement, the
above-mentioned agreements shall be deemed terminated.
CITY OBLIGATIONS
1. City hereby grants ODOT the right to enter onto and occupy city right-of-way for the
performance of necessary maintenance for the traffic signal and flashing beacon
equipment, including detector loops and illumination affixed to or powered from the
traffic signals or flashing beacons.
2. City shall retain ownership of traffic signals and flashing beacons outlined in Unit 1
of Exhibit A.
3. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector
loops installed in the City street in such a manner as to provide adequate protection
for said detector loops. Damage, if any, caused from City road projects shall be the
responsibility of the City.
4. Electrical Payments: City shall pay for 100 percent of electrical energy consumed in
the daily operation of the traffic signals and flashing beacons in Units 1 & 2 of
Exhibit A.
5. Maintenance Payments: City shall, upon receipt of itemized monthly billing from
ODOT, reimburse ODOT for 100 percent of maintenance and timing costs of traffic
signals and flashing beacons listed in Unit 1 of Exhibit A. Said payments shall be
within 45 days of receipt of invoice.
6. City shall enter into and execute this agreement during a duly authorized session of
its City Council.
Agreement No. 19017
Signal Maintenance - Ashland
OOOT OBLIGATIONS
1. ODOT shall perform all necessary maintenance and timing of traffic signals and
flashing beacons located at the intersections listed in Units 1, & 2 of Exhibit A.
2. ODOT shall retain ownership of traffic signals and flashing beacons outlined in Unit
2 of Exhibit A. ODOT shall be responsible for the timing of these traffic signals.
3. ODOT shall pay all maintenance costs of traffic signals and flashing beacons
outlined in Unit 2.
4. ODOT shall initially pay all maintenance costs of traffic signals and flashing beacons
outlined in Unit 1 in an amount not to exceed $1500 per signal per year. Said
maintenance costs do not cover emergencies or construction projects.
5. On a monthly basis, ODOT shall submit billings to City for actual costs incurred for
work performed under this agreement for traffic signals and flashing beacons listed
in Unit 1. Payments shall be made within forty-five (45) days of the invoice date.
Payments shall be submitted to Accounts Receivable, 355 Capitol St NE,
Transportation Building, Room 434, Salem, OR 97301.
GENERAL PROVISIONS
1. Both parties, their consultants or subcontractors, if any, and all employers working
under this agreement are subject employers under the Oregon Worker's
Compensation Law and shall comply with ORS 656.017, which requires them to
provide Workers' Compensation coverage for all their subject workers. Both parties
shall ensure that each of its contractors complies with these requirements.
2. Both parties 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 is incorporated herein by reference. Without limiting
the generality of the foregoing, City and ODOT expressly agree 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.
3. Each party shall, to the extent permitted by the Oregon Constitution and by the
Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the other party,
that other party's governing body, their officers and employees, from any and all
3
Agreement No. 19017
Signal Maintenance - Ashland
claims and other liabilities which may arise in the performance of this agreement,
except claims and liabilities based on negligence or other tortious conduct by the
other party or its officers or employees acting within the scope of their employment
or duties as contemplated under the Oregon Tort Claims Act.
4. This agreement may be terminated by mutual consent of both parties, upon 30 days'
notice, in writing and delivered by certified mail or in person.
5. OOOT may terminate this agreement effective upon delivery of written notice to City,
or at such later date as may be established by OOOT, under any of the following
conditions:
a) If City fails to reimburse OOOT for the maintenance costs of the traffic signals
and flashing beacons or fails to pay for electrical energy.
b) If OOOT fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to perform the provisions of this
agreement.
c) 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
OOOT 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.
6. City may terminate this agreement effective upon delivery of written notice to OOOT,
or at such later date as may be established by City, if OOOT fails to perform the
work provided for under this agreement, within 30 days' written notice from City of
such failure to perform, if such failure is not remedied within that time.
7. Both parties acknowledge and agree that each party, 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
both parties 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
final payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by the requesting party. The City's
access to OOOT's records is subject to the Oregon public records laws.
8. This agreement and the attached exhibit 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.
4
Agreement No. 19017
Signal Maintenance - Ashland
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 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.
5
Agreement No. 19017
Signal Maintenance - 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, other system plans approved by the Commission such as the
Traffic Safety Performance Plan.
CITY OF ASHLAND, by and through its City STA TE OF OREGON, by and through its
Council /-7 Department of Transportation
By ~,.p~c-~ ~ By
Title~oy ~_ , Region 3 Manager
By _~Date
Title c.r-
Date 7"'/7-tJ,:L- APPROVAL RECOMMENDED
By
District 8 Manager
~:~ LE~L SUFFICIENCY
City Attorney
Date 41 (J""""""-
Date
By
State Traffic Engineer
APPROVED AS TO LEGAL SUFFICIENCY
Date
By
Asst. Attorney General
By
Tech. Svcs. Manager/Chief Engineer
Date
Date
By
Executive Deputy Director
Date
Agency Address:
CITY OF ASHLAND
ATTN PUBLIC WORKS DIRECTOR
20 E MAIN STREET
ASHLAND OR 97520
6
Agreement No. 19017
Signal Maintenance - Ashland
EXHIBIT A
Unit 1: Under the jurisdiction and control of
the City
City pays 100% maintenance & 100% electrical
Traffic Signals
OR 99 (Siskiyou Blvd.) @ E. Main/4th Streets (Fire Signal)
OR 99 (Siskiyou Blvd.) @ Beach St.
OR 99 (Siskiyou Blvd.) @ Mountain Ave.
OR 99 (Siskiyou Blvd.) @ Wightman St.
Mountain Ave. @ E. Main St.
OR 99 SB (Main St.) @ Gresham
Lithia Way @ E. Main St.
Sherman @ Siskiyou Blvd.
Flashing Beacons
OR 99 NB @ Fire Station
Unit 2: Under the Jurisdiction and
Control of ODOT
City pays 100% electrical, no maintenance
ODOT pays 100% maintenance, no electrical
Traffic Signals
Maple St. @ OR 99 (Main St.)
Laurel St. @ OR 99 (Main St.)
Helman St. @ OR 99 (Main St.)
Pioneer St. @ OR 99 (Main St.)
Second St. @ OR 99 (Main St.)
Pioneer St. @ OR 99 (Lithia Way)
Second St. @ OR 99 ("C" St.)
OR 99 (Siskiyou Blvd.) @ OR 66 (Ashland St.)
OR 99 (Siskiyou Blvd.) @ Walker Ave.
OR 66 (Ashland St.) @ Walker Ave.
OR 66 (Ashland St.) @ Tolman Creek Rd.
Flashing Beacons
None
7
~~~ .
Abandonment & Retention
Resolution No. 725
ABANDONMENT RESOLUTION
Siskiyou Boulevard (MP 19.52 to 19.46) at Lithia Way and E. Main Street Section
Rogue Valley Highway (State Hwy. 63, OR Route 99)
City of Ashland
Jackson County
Pursuant to ORS 373.010, the Oregon Transportation Commission is authorized and
directed, whenever a state highway passes through the corporate limits of any city, to
select or designate the streets of the city over which the state highway shall be routed,
or change any state highway when in its opinion the interests of the motoring public will
be better served.
Pursuant to ORS 366.395, the State may relinquish title to any of its property not
needed by it for highway purposes to any other governmental body or political
subdivision within the State of Oregon, subject to such restrictions, if any, imposed by
deed or other legal instrument or otherwise imposed by State.
Due to the selection of the Siskiyou Boulevard at Lithia Way and E. Main Street project
to be funded under the 2001 Oregon Transportation Investment Act Program, MP 19.52
to MP 19.46 section of the Rogue Valley Highway No. 63 (OR Route 99), is no longer
needed for state highway right-of-way purposes and may be eliminated as a portion of
State Highway 63, Rogue Valley Highway. Rogue Valley Highway No. 63 is a state
highway under the jurisdiction and control of State. Rogue Valley Highway is also
designated State Route OR 99. The segment to be eliminated from the highway is
designated as Unit 1, as more fully described below, and as shown on the map
attached hereto, marked Exhibit A and by this reference made a part hereof. Unit I is
needed for the service of persons living thereon or for a community served thereby.
The City of Ashland and the Oregon Transportation Commission entered into an
agreement on August 28, 2002, relating to the elimination and disposition of Unit 1.
Said agreement provides that the Oregon Transportation Commission shall, by
resolution, formally eliminate Unit I as a portion of State Highway 63 and the state
highway system; that all right, title, and interest of the State of Oregon in Unit 1 shall
thereon pass to and vest in the City; and that the Unit shall be maintained by the City as
a portion of its city street system as long as needed for the service of persons living
thereon or for a community served thereby. This section of roadway shall retain the
State Route OR 99 designation.
9/10/02 - FINAL
Abandonment & Retention
Resolution No. 725
THEREFORE, IT IS HEREBY RESOLVED BY THIS COMMISSION AS FOLLOWS:
1. By reason of the selection of the Siskiyou Boulevard at Lithia Way and E. Main
Street project to be funded under the 2001 Oregon Transportation Investment
Act Program, the MP 19.52 to MP 19.46 section of the Rogue Valley Highway
No. 63, in Jackson County, Oregon, is no longer needed by the State of Oregon
as a portion of the state highway system. Said portion hereinafter referred to as
Unit I is duly eliminated as a portion of State Highway 63 and the state highway
system, and all right, title, and interest of the State of Oregon in Unit I hereby
passes to and vests in the City of Ashland as a portion of its city street system as
long as needed for the service of persons living thereon or a community served
thereby. Any right-of-way being transferred in which state has any title shall be
vested in City so long as used for public road purposes. If said right-of-way is no
longer used for public road purposes, it shall automatically revert to State. Unit 1
is described as follows:
Unit 1
All land within the right-of-way boundaries of the Rogue Valley Highway,
Highway No. 63 as presently located, beginning at the intersection with
East Main Street at approximately M.P. 19.52; thence northwesterly on
Lithia Way and East Main Street, respectively, to the north side of the
intersection with North 3rd, MP 19.46, lying in Sections 9, Township 39
South, Range 1 East, W.M., Jackson County, Oregon.
2. The property above described is transferred subject to the rights of any utilities
located within said property and further subject to the rights of the owners of said
existing facilities if any there be, to operate, reconstruct, and maintain their utility
facilities presently located within said property.
9/10/02 - FINAL
Abandonment & Retention
Resolution No. 725
3. This resolution entered in full in the Minutes and Records of the Transportation
Commission as Abandonment and Retention Resolution No. 725 this :t~. day of
June, 2002, and a duplicate copy be mailed to the City of Ashland.
Karen Elliott, Commission Secretary
Date: (~-~. '"/, c~ ~
STATE OF OREGON, County of Marion
Dated ~C~-~7,~) ~7 ., 200~O-. Personally appeared Karen Elliott, who
being sworn, stated that she is the Commission Secretary for the State of Oregon,
Department of Transportation, and that this document accurately reflects action taken
by the Oregon Transportation Commission. Before me:
otary Publicfof Oregon .. ~/_. / .-.....-..~
My Commission expires // /O/
DALE R. 8HAFER I
MY COMMISSION EXPIRE.S. NOV...!.,
Accepted on behalf of the ~Ashland
9/10/02 - FINAL
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