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HomeMy WebLinkAbout1990-044 RESO 1990-039RESOLUTION NO. - A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AGREEMENT 10087 WITH THE OREGON STATE HIGHWAY DIVISION. BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. The Oregon State Highway Division (OSHD) has placed the improvement of the intersection of North Main Street (Highway 99) and Maple Street in the Proposed 6-Year Highway Improvement Program for 1991-1996. The proposed improvement is for the construction of left turn refuges on North Main Street at Maple Street. SECTION 2. OSHD has proposed construction of the proposed project with OSHD funds and purchase of right-of-way with City of Ashland Funds. city funds will amount to an estimated $63,000. SECTION 3. Ashland Community Hospital has pledged one-third of the costs up to $30,000 towards the proposed projects to be expended in fiscal years 1991 and 1992. SECTION 4. The City of Ashland has committed approximately $42,000 from the Street Fund to be expended in fiscal years 1991 and 1992. SECTION 5. The Mayor and city Recorder are authorized to sign the attached Agreement 10087. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council for the city of Ashland on the 7th day of August, 1990. Nan E. ~ranklin, City Recorder SIGNED and APPROVED this day of August 1990. Catherine M. Golden, Mayor Approved: OHSD Staff EDM December 13 , 1.989 Misc. Contracts & Agreements No. 10087 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE 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 municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". W I T N E S S E T H RECITALS 1. Rogue Val~'~y Highway is a part of the .~tate highway system under 'the jurisdiction and controt of the Oregon Transportation Commission, and Maple Street is a part of the City Street System, under the jurisdiction and control of Ci. ty. 2. For the purpose of providing acceptable traffic patterns on public hi. qhways , State and City plan and propose to construct a protected lef t-turn lane for vehicles turning onto Maple Street, hereinafter ~;eferred to an "project" The location of the project is approximately as shown on the sketch m~p attached hereto, marked Exhzbit A, and by thi~-; re£e~'ence made a hereof. The Ci. ty will furnish ri.qht-of-wa¥ ':and State will construct the [eft- turn refuge w~th State Operations ~unds. 3. By the authority granted in ORS 366. ??0 , and 366. ??5 , State may enter into cooperative agreements w~th the counti es anti cities for the performance of work on certain 'types of improvement projects w~th the a [ location o£ costs on terms and conditions mutually agreeable to the contracting part,es. B].389008 Agreement No. 10087 THE CITY OF ASHLAND 4. By the authority granted in ORS 810.210, State is authorized to determine 'the character or type of traffic control to be used for the safe and expeditious control of traffic . NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall conduct the necessary field surveys, identify and obtain or issue the required permits, perform all preliminary engineering and design work required to produce plans, specifications and estimates, advertise for bid proposals, award all contracts and furnish ali construct£on engineering, material testing, technical inspection ;and project manager services for administration of the contract. 2. State shall lay out and paint the necessary lane lines and erect the required direction~]l and traffic control signing for the project. 3. State shall compile accura'te cost accounting recerds. may request a statement of costs to date at any time by submitting a written request. City CITY OBLIGATIO~S ] . City shall provide the necessary right-of-way and easements for any required roadway widening. 2. City hereby grants State the right to enter .into and occupy City street right-of-way for the performance of preliminary engineering field work necessary for project development. Bl389008 Agreement No. ]0087 THE CITY OF ASHLAND 3. City shall, upon request by State, 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 uti lities or facilities to the plans for the pro]act. City may request Stat~ to arrange for said relocation, acting on behalf of City. 4. City shall authorize execution of this agreement during a regularly convened session of its City Council. GENERAL PROVISIONS 1. Subject to the limitatJ ons of 'the Oregon Constitution and statutes; City and State each shall be solely responsible for any loss or injury caused to third parties arising from City's or State's own acts or omissions under this aqreement and City or State shall defend, hold harmless and indemnify the other party to this agreement w~th respect to any claim, litigation or liability arising from City's or State's own acts or omissions under this agreement. 2. The Contractor, .[ts subcontractors, if any, and all amp [oyers wo~-king under this Agreement are sub)ect employers undt~r the Oreqon Workers' Compen:;a'ti(]n Law and s;h~]. ] comply with ORS 656 . 017 , which requ~ res them I:~) p~ovtd,? ~¢~'~t(ers ' compensation coverage for a] 1 'their subject workers. BL389008 -3- Agreement No. ]008? THE 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 Oregon Transportation Commission approved this project on February 21, 1989 as a part of the Traffic Operations Program, at which time the State Highway Engineer was authorized to sign this agreement for and on behalf of the Commission. This project was approved by the Oregon Transportation Commission on July 17, 1990, as part of the Six-Year Highway Improvement Program (page 44). APP ROVA~ REC~OMM END ED//~ Region Engineer APPROVED AS TO LEGAL SUFF: I .E,NCY AsSet. Attorney General Date Y -- 27 ' $O APPROVED AS TO LEGA~_~SUFFICI~NCY f~ ~_~ By City AttXbrTney THE CITY OF ASHLAND Billing Address: City of Ashland Public Works Director 20 East Main St. Ashland, OR 97520 STATE OF OREGON, by and through its Department of Transportation, Highway Division ~ State Highway Engineer Date ~- ~1 ' ~0 THE CITY OF ASHLAND, by and through its Elected Officials Mayor Recorde'r B1389008 ST, .EXHIBIT A I I I I I I I PROPOSED --'-.:PROJECT ' I I LAN[