HomeMy WebLinkAbout1996-083 Agrmt-Indiana/WightmanCITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
ADMiNISTRATiON: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY HALL
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO: Barbara Christensen DATE
PROJECT
JOB NO.
SUBJECT
06/19/96
Indiana Street/Wightman Street
Re-aligmnent Project
96-15
Tri-Party Agreement
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Original agreement between O.D.O.T., S.O.S.C. and City regarding the re-alignment of Indiana
Street at Siskiyou Boulevard for filing.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS: Copies have been FAXed to David Boyd at O.D.O.T. and Ron Bolstad at S.O.S.C.
COPIES TO:
Susan Wilson Broadus
Brian Almquist
Department of Public Works
Engineering Division
By: James H. Olson
Title: Acting Public Works Director
(c:\en~inccr~nottrans.fma
COOPERATIVE IMPROVEMENT AGREEMENT FOR REALIGNMENT OF
INDIANA AND WIGHTMAN STREETS INTERSECTION WITH SlSKIYOU
BOULEVARD
Agreement made on this ! ~ -/-4 day of ,...J~,,~: ,1996 by the
State of Oregon, acting by and through its Department of Transportation ("ODOT"), the
City of Ashland ("City") and the State of Oregon acting by and through the State Board
of Higher Education on behalf of Southern Oregon State College ("College").
RECITALS:
A. Rogue Valley Highway (Siskiyou Boulevard) is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation Commission, and
Indiana and Wightman Streets are a part of the City Street System, under the
jurisdiction and control of City.
B. By authority granted in ORS 366.770 and 366.775, ODOT may enter into
cooperative agreements with the counties and cities for the performance of work on
certain types of improvements projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
C. College intends to develop the Center for the Visual Arts complex that is to be
located astride Indiana Street on the south side of Rogue Valley Highway (Siskiyou
Boulevard). This development, as well as ongoing concerns about pedestrian safety
for students crossing Siskiyou Boulevard in this vicinity, will require a realignment of
Indiana Street with Wightman Street at their intersection with Siskiyou Boulevard.
ODOT, College and City agree:
1. City shall conduct, by city staff or consultant, the necessary field surveys, identify
and obtain all required permits, perform all preliminary engineering and design work
required to produce final plans, specifications and estimates, advertise for bid
proposals, award all contracts and furnish all construction engineering, material
testing, ~.echnica! inspection and project manager s-crvices for realigning Indiana Street
to meet Wightman Street and making necessary improvements to Rogue Valley
Highway (Siskiyou Boulevard) such as signal location, island removal or replacement,
and sidewalk and curb modifications.
2. ODOT shall review City plans and provide actual design of the required directional
and traffic control devices and actual design of changes necessary within the right of
way of the Rogue Valley Highway (Siskiyou Boulevard). ODOT shall also provide, to
the full extent possible, the services of the ODOT Traffic Signal Team to assist the City
Electric Department in the actual relocation and reconstruction of the existing traffic
PAGE I-INTERGOVERNMENTAL AGREEMENT (p:agree\odotso$c.k96)
signal facilities at the Wightman Street/Rogue Valley Highway (Siskiyou Boulevard)
intersection.
3. ODOT, City and College agree and understand that a mutual review of the plans,
specifications, and estimates will be conducted prior to advertisement for construction
bid proposals. City shall not advertise for construction bid proposals unless College
and ODOT have approved such plans, specifications, and estimates.
4. City shall compile accurate cost accounting records. ODOT and College may
request a statement of costs to date at any time by submitting a written request.
5. ODOT shall, upon satisfactory signal turn-on and at its own expense, perform all
required signal maintenance and retain complete jurisdiction and control of the timing
established for operation of the traffic signals.
6. ODOT shall be responsible for the conduit and trenching portion of the traffic signal
for this project, not to exceed initial deposit.
7. City hereby grants ODOT the right to enter onto and occupy City street right-of-way
for the performance of construction and necessary maintenance of the traffic signal
equipment, including vehicle detector loops.
8. City shall, upon request by ODOT, relocate or reconstruct, or cause to be relocated
or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains,
pipes, and all other such facilities of every kind and nature, where such utilities or
facilities are located within the right-of-way of any presently existing City street where
such relocation or reconstruction is necessary in order to conform the utilities or
facilities to the plans for the project; City may request ODOT to arrange for such
relocation, acting on behalf of City.
9. If College and ODOT approve City's plans, specifications, and estimates as required
in paragraph 3, College shall transfer to City College's entire interest in all real
property to be occupied by the realigned Indiana Street, and City shall transfer to
College City's ei~t.;~'e i;-~tere~t i~ a;l rea~ pi'op~ri.y c'~rren~.iy occupied by ;f~diana Street
that will not be occupied by Indiana Street after the realignment.
10. City, by execution of this agreement, consents, as required by ORS 373.030(2) to
any and all changes of grade within the city limits, if any there be, in connection with
or arising out of the project covered by this agreement.
11. City shall, upon completion of the project and at its own expense, provide all
power required for operation of the traffic signal.
PAGE 2-INTERGOVERNMENTAL AGREEMENT Ip:agree\odotsosc.k96}
12. City shall enter into and execute this agreement during a duly authorized session
of the City Council.
13. ODOT shall, upon receipt of a fully executed copy of this agreement, forward to
City an advance deposit in the amount of $50,000 to pay for its share of the design
and construction of the project.
14. City shall set up an expense account for ODOT forces to charge all related
expenses for and up to the maximum amount of $50,000. ODOT shall not be
responsible for any expenses above the initial deposit of $50,000.
15. College shall, upon receipt of a fully executed copy of this agreement, forward to
City an advance deposit in the amount of $50,000 to pay for its share of the design
and construction of the project.
16. Upon oomplotion of tho projoot and roooipt from City of an itomizod ~atomcnt
~ aotual total co~t of thc eon3truction pc-'rformcd b'~, City u~dcr tl~i~
ODOT 3hQII pay any amount whioh, whon 3ddod to ODOT'o QdYQnO0 dopooitc, will
OqUQI tho Siskiyou Construction Costs, whic-~o defined to be the actual cost of
construction of the work within Rogue Valley Highway (Siskiyou Boulevard) right-of-
way such as signal relocation or construction, island removal or replacement,
pavement, sidewalk and curb costs for engineering, surveying, inspection and
construction. Any portion of ODOT's advance deposit which is in excess of the
Siskiyou Construction Costs will be refunded or released to ODOT.
17. College shall pay a maximum of $50,000 of project costs other than the Siskiyou
Construction Costs as defined in paragraph 16. College shall not pay any amount of
the Siskiyou Construction Costs. Within 30 days following completion of the project,
City shall provide College with an itemized statement of the actual total project costs
other than Siskiyou Construction Costs. If such project costs are less than $50,000,
City shall pay such difference to College within 30 days.
18. To the extent permitted by applicable law including Article XI, Sec. 7, of the
Oregon ConstituLion and ti~e Oregon Tort Claims Act, City, ODOT and Coilege shal~
each be solely responsible for any loss or injury caused to third parties arising from
City's, ODOT's or College's own acts or omissions under this agreement and City,
ODOT or College shall defend, hold harmless and indemnify the other parties to this
agreement with respect to any claim, litigation or liability arising from City's, ODOT's or
College's own acts or omissions under this agreement.
19. The Contractor, its subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers' Compensation Law and
PAGE 3-INTERGOVERNMENTAL AGREEMENT [p:agree\odotsosc.k96)
shall comply with ORS 656.017, which requires them to provide workers'
compensation coverage for all their subject workers.
STATE OF OREGON, by and through its Department of
anager
APPI~E~ A,~,TO~,EGAL SUFFICIENCY
By ~v/,~ I// '~~
Asst. A~orney General
STATE OF OREGON, by and through the State Board of Higher
Education~on behalf of Southern Oregon State College
Asst. A~orney General
CI~ OF ASH~ND
Mayo~.,~
City Recorder
Reviewed as t.o ~t~nt
;~irector of Public Works
Reviewed as to f(3rm
City Attorney
PAGE 4-INTERGOVERN MENTAL AGREEMENT (p:agree\odotsosc.k96)