HomeMy WebLinkAbout1992-053 Signal Agrmt - ODOTApril 24, 1992
DEPARTMENT OF
TRANSPORTATION
City of Ashland
20 E. Main Street
Ashland, OR 97520
Attention: Nan E. Franklin
City Recorder
FILE CODE:
^6R
Attached for your records is a copy of an agreement covering
the installation of a traffic signal on the Green Springs
Highway at Tolman Creek Road.
We have retained a copy of this agreement for the Trans-
portation Commission's files.
Fran Neavol 1
COMMISSION SERVICES
FKN/lls
Attachment
Transportation Building
Salem, OR 97310
731-1)146 (Rev 3-91)
March 13, 1992
Misc. Contracts & Agreements
No. 10857
LOCAL AGENCY AGREEMENT
HIGHWAY ENHANCEMENT SYSTEM PROJECT
THIS AGREEMENT is made and entered into by and between THE STATE
OF OREGON, acting by and through its Department of
Transportation, Highway Division, hereinafter referred to as
"State"; and THE CITY OF ASHLAND, a political subdivision of the
State of Oregon, acting by and through its City Officials,
hereinafter referred to as "Agency".
1. 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.
2. Under such authority, State and Agency plan and propose to
construct a traffic signal on the Green Springs Highway, at
Tolman Creek Road, in the City of Ashland, 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.
3. The construction of the project shall be conducted as a part
of the Title II Highway Enhancement System (HES) Program under
Title 23, United States Code, and the Oregon Action Plan. The
HES funds are limited to 50 percent of the construction portion
of the project, and the project must have a minimum financing of
50 percent federal funds. Agency shall be responsible for the
match for the federal funds, all preliminary engineering and
right of way costs and any portion of the construction project
which is not covered by federal funding.
4. By the authority granted in ORS 810.210, State is authorized
to determine the character or type of traffic control signals to
be used, and to place or erect them upon State highways at
places where State deems necessary for the safe and expeditious
control of traffic. No traffic control signals shall be erected
or maintained upon any State highway by any authority other than
State, except with its written approval. Traffic signal work on
the project will conform to current State standards and
specifications.
5. The Special and Standard Provisions attached hereto, marked
Attachments 1 and 2, respectively, are by this reference made a
part hereof. The Standard Provisions apply to all federal-aid
projects and may be modified only by the Special Provisions.
B1391008/KEY NO. 06396
Contract No. 10857
THE CITY OF ASHLAND
The parties hereto mutually agree to the terms and conditions
set forth in attachments 1 and 2. In the event of a conflict,
this agreement shall control over the attachments, and
Attachment 1 shall control over Attachment 2.
6. Agency shall enter into and execute this agreement during a
regularly convened session of its City Council.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written.
This project was approved under Delegated Authority on March 9,
1992 as a part of the Six-Year Highway Improvement Program.
The Oregon Transportation Commission, by a duly adopted
delegation order, authorized the State Highway Engineer to sign
this agreement for and on behalf of the Commission. Said
authority has been further delegated to the Program Section
Manager pursuant to Subdelegation Order No. HWY-6, paragraph 10.
APPRO~ RECOMmenDED
/ /_ z/_'~ '~
~/ion E~ i~n e~e r
fr~i ~' ~ineer
APPROVED AS TO
Asst. Attorney General
Date ~/1/~
APPROVED AS TO
LEGAL SUFFICIENCY
By
City Attorney
STATE OF OREGON, by and through
its Department of Transportation,
Highwa~Divi sion
Program S~ction Manager
Date ~//~
/
THE CITY OF ASHLAND, by and
through its Elected Officials
Mayor
City Recorder
Date
THE CITY OF ASHLAND
Billing Address:
B1391008
--2--
ATTACHMENT NO. 1
SPECIAL PROVISIONS
1. Agency shall, at its own expense, conduct the necessary
field surveys, environmental studies, traffic investigations,
foundation explorations, and hydraulic studies, identify and
obtain all required permits, and perform all preliminary
engineering and design work required to produce final plans,
preliminary/final specifications and cost estimates.
2. Agency shall, upon State's award of a construction
contract, furnish all construction engineering, field testing
of materials, technical inspection and project manager services
for administration of the contract. The State shall obtain
"Record Samples" at specified intervals for testing in the
State Materials Laboratory in Salem.
3. Agency shall conform with requirements of the Oregon Action
Plan, and if necessary shall appoint and direct the activities
of a Citizens Advisory Committee and Technical Advisory
Committee, conduct any required public hearings and recommend
the preferred alternative.
4. State hereby grants Agency the right to enter into and occupy
State highway right-of-way for the construction of the project,
including vehicle detector loops.
5. State shall, as a project expense, lay out and paint the
necessary lane lines and erect the required directional and
traffic control signing for the project.
6. State shall, upon satisfactory signal turn-on, perform all
necessary maintenance of the traffic signals at its own expense
and at no cost to Agency; and shall retain complete jurisdiction
and control of the timing established for operation of the
traffic signals.
7. Agency hereby grants State the right to enter into and
occupy Tolman Cr. Rd. Right-of-way for the performance of
necessary maintenance of the traffic signal equipment, including
vehicle detector loops.
8. Agency shall maintain the pavement surrounding the vehicle
detector loops installed in city street in such a manner as to
provide adequate protection for said detector loops, and shall
adequately maintain the pavement markings and signing installed
in accordance with the plans and specificaitons.
9. Agency shall provide signal power and, upon signal turn-on
and proper operation, pay for 100 percent of the power costs
associated with the operation of the project traffic signals.
Misc. Contracts & Agreements
No. 10,857
Date: February 11, 1992
A'FFACHMENT NO. 2
STANDARD PROVISIONS
IOINT OBLIGATIONS
PROIECT ADMINISTRATION
1. State is acting to fulfill its responsibility to the Federal Highway Admini-
stration (FHWA) by the administration of this project, and Agency hereby agrees
that State shall have full authority to carry out this administration. If requested by
Agency, State will further act for the Agency in other matters pertaining to the
project. State and Agency shall actively cooperate in fulfilling the requirements of
the Oregon Action Plan. State and Agency shall each assign a liaison person to
coordinate activities and assure that the interests of both parties are considered
during all phases for all projects.
Any project that uses federal funds, in project development, is subject to
PS&E review and approval by FHWA prior to advertisement for bid proposals,
regardless of the source of funding for construction.
P.E. & CONSTRUCTION ENGINEERING
2. Preliminary and construction engineering may be performed by State,
Agency, or others. If Agency, or others, perform the engineering, State will monitor
the work for conformance with FFIWA rules and regulations. In the event that
Agency elects to engage the services of a consultant to perform any of the work
covered by this agreement, Agency and Consultant shall enter into an agreement
describing the work to be performed and the method of payment. State shall concur
in the agreement prior to the beginning of any work. No reimbursement shall be
made using federal-aid funds for any costs incurred by such Consultant prior to
receiving authorization from State to proceed.
On ail construction projects where State is the signatory party to the contract,
and where Agency is doing the construction engineering and project management,
Agency agrees to accept all responsibility for and defend lawsuits involving tort
claims, contract clai-m$, or any other lawsuit arising out of the contractor's work or
Agency's supervision of the project.
REQUIRED STATEMENT FOR USDOT FINANCIAL
ASSISTANCE AGREEMENT:
3. If as a condition of assistance the recipient has submitted and the U.S.
Department of Transportation has approve a Minority Business Enterprise Affirma-
tive Action Program which the recipient agrees to carry out, this affirmative action
program is incorporated into this financial assistance agreement by reference. That
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costs to date, at anytime, by submitting a written request. When the actual total cost
of the project has been computed, State shall furnish Agency with an itemized
statement of such final costs.
PROIECT ACTIVITIES
8. State shall, if the work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans,
spedfications and cost estimates. State shall, if they prepare these documents, offer
Agency the opportunity to review and approve the documents prior to advertising
for bids. State shall prepare contract and bidding documents, advertise for bid
proposals, award all contracts and, upon award of a construction contract, perform
all necessary laboratory testing of materials, process and pay all contractor progress
estimates, check final quantities and costs, and oversee and provide intermittent in-
spection services during the construction phase of the project. The actual cost of
laboratory testing services provided by State will be charged to the project con-
struction engineering expenditure account and will be included in the total cost of
the project.
FREE BRIDGE DESIGN
9. State shall, as provided in ORS 366.155(h), prepare plans and specifications
for the structure portion only of bridges and culverts at no expense to the counties.
RIGHT-OF-WAY
10. State is responsible for acquisition of the necessary right-of-way and ease-
ments for construction and maintenance of the project. Agency may request to
perform the acquisition functions, subject to execution of a written agreement.
State shall review all right-of-way activities engaged .in by Agency to assure com-
pliance with applicable laws and regulations.
If any real property purchased with federal-aid participation is no longer
needed for right-of-way, or other public purposes, the disposition of such property
shall be subject to applicable rules and regulations which are in effect at the time of
disposition. Reimbursement to State of the required proportionate share of the fair
market value may be required.
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PROIECT CANCELLATION
14. Agency agrees that should they cause the project to be cancelled or termi-
nated for any reason prior to its completion, Agency shall reimburse State for any
costs that have been incurred by State on behalf of the project.
DELAYED STARTING DATE
15. In the event that right-of-way acquisition for, or actual construction of the
facility for which this preliminary engineering is undertaken is not started by the
close of the FIFTH FISCAL YEAR following the fiscal year in which this agreement
is executed, State may request reimbursement of the sum or sums of Federal-Aid
funds disbursed to Agency under the terms of this agreement.
* 16. Agency shall relocate or cause to be relocated, all utility conduits, lines,
poles, mains, pipes, and such other facilities where such relocation is necessary in
order to conform said utilities and facilities with the plans and ultimate require-
ments of the project. Only those utility relocations 'which are eligible for federal-aid
participation under the Federal-Aid Highway Program Manual, Volume 6, Chapter
6, Section 3, Subsection 1, shall be included in the total project costs and partici-
pation; all other utility relocations shall be at the sole expense of Agency, or others.
State will arrange for utility adjustments in areas lying within jurisdiction of State
and, if State is performing the preliminary engineering, Agency may request State to
arrange for utility adjustments lying within Agency jurisdiction, acting on behalf of
Agency.
Agency shall, five weeks prior to the opening of construction bid proposals,
furnish State with an estimate of cost for eligible reimburseable utility relocations,
based on the plans for the project. Agency shall notify State's Liaison Person prior to
proceeding with any utility relocation work in order that the work may be properly
coordinated into the project and receive the proper authorization.
CONSTRUCTION
17. Construction plans shall be in conformance with standard practices of
State for plans prepared by its own staff, and shall be developed in accordance with
the design standards published by AASHTO which pertain to the type of facility pro-
posed. The latest design standards adopted by AASHTO shall govern the design of
highway bridges and related structures. All specifications for the project shall be in
substantial compliance with the most current Oregon Standard Specifications for
Highway Construction.
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No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con-
nection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continu-
ation, renewal, amendment, or modification of any Federal con-
tract, grant, loan, or cooperative agreement.
Bo
If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or a. ttempting
to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its
instructions.
Co
The undersigned shall require that the language of this certifi-
cation be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements)
which exceed $100,000, and that all such subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, U.S.
Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Paragraphs 15, 16, and 21 are not applicable to any local agency on state
highway projects.
Revised: 3-16-90
EDM:LJW:SS:pf
GREEN SPRINGS HIGHWAY @ TOLMAN CREEK ROAD (ASHLAND)
PROPOSED
;PROJECT
ASHLAND
AND VICINITY
OREGON STATE HIGHWAY DIVISION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
December 1984
T T T='
CITY OF
ASHLAND
CITY HALL
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
March 20, 1992
Mr. Jack Ayres
Federal Aid Specialist
Oregon Department of Transportation
Highway Division, Region 3
P.O. Box 1128
Roseburg, Oregon 97470
Dear Jack:
Enclosed are three signed copies of Agreement #10857 for the
signal at Highway 66 and Tolman Creek Road. The agreement was
approved by the City Council by motion at their regular meeting
of March 17, 1992.
I wish to thank you and Mike Anhorn for your assistance in this
project. The two of you are excellent examples that the "New
Partnership" of ODOT is working well!
I look forward to receiving the signed copy in the near future.
Sincerely yours,
Steven M. Hall, P.E.
Public Works Director
SMH: rm\Eng,\TlmnSlg.Agr
cc: Mike Anhorn, P.E., District Maintenance Supervisor
Jim Olson, Assistant city Engineer
Encl: Agreement #10857 (3 copies)