HomeMy WebLinkAbout2008-136 Agrmt - ODOT
-Oregon
John A. Kitzhaber, M.D., Governor
Department of Transportation
Region 3
3500 NW Stewart Parkway
Roseburg, OR 97470
(541) 957-3500
FAJ<(541) 957-3547
FILE CODE:
August 1, 2002
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CITY OF ASHLAND
CITY OF ASHLAND
PAULA BROWN, PUBLIC WORKS DIRECTOR
20 E MAIN STREET
ASHLAND 0f4 97520
RE: Signal Maintenance Agreement No. 19017
Dear Paula,
Once again~ and with my hurrbte "apologies and rTlIch errbarrassment, enclosed
are the original blue-backs for Agreement No. 19017. The OOOT delegation
paragraphs were incorrect. Therefore, I have enclosed a corrected sheet for the
Gilts signature;-oo.other changesl1ave'been-made to-the agreement. Please
,give my apologies to the Mayor, City Recorder. City Attomey. and of course. I
apologize for any entlarrassment this has caused you. Also." want to thank you
, for your assistance in" executing1his-document
.
ne Caron
Project Coordinator
541-957-3508
Enclosures (4)
Form 734-1829 (2-98)
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July 11, 2002
Misc. .Contracts & Agreements
No. 19017
TRAFFIC SIGNAL tJlAINTENANCE 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 C.ITY 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 parthereo[ .
2. The traffic signals listed ~nd 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 ODOrs 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 1 of Exhibit A shall not exceed $1500 per
traffic signal, per year. The total cost of the State's share of maintenance costs
FILE COpy
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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 OBLIGA liONS
1. City hereby grants OOOT 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
OOOT, reimburse OOOT 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 shail enter into and execute this agreement during a duly authorized session of
its City Council.
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Agreement No. 19017
Signal Maintenance - Ashland
ODOT 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. qDOT 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, OOOT 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 5t NE,
Transportation Building, Room 434, Salem, OR 97301. .
GENERAL PROVISIONS
1. Both parties, their consultants or sub~ntractors, 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. Bottl 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 a.nd 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 ading 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.
5.0DOT may terminate this agreement effedive upon delivery of written notice to City,
or at such later date as may be established by ODOT, under any of the following
conditions:
a) If City fails to reimburse ODOT for the maintenance costs of the traffic signals
and flashing beacons or fails to pay for electrical energy.
b) If ODOT 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
ODOT is prohibited from paying for such work from the planned funding
source.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
6. 'City may terminate this agreement effective upon delivery of written notice to ODOT,
or at such later date as may be established by City, if. ODOT 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.
Paymen~ for costs of copies is reimbursable by the requesting party. The City's
access to ODOT'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 subjed matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this agreement.
4
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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 t~at or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year her~inafter 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
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Agreement No. 19017
Signal Maintenance - Ashland
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The Oregon Transportation Commission on January 16. 2002. approved Delegation
Order No.2. which authorizes the Di rector 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.
On January 31. 2002. the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2. in which the Director grants authority to the
Region Managers for their respective Region, to approve and execute agr~ements up
to $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. or in a line item in the approved biennial
budget. ~
CITY OF ASHLAND. by and through its City
Council ~
By ~~
TrUe ur' ~
tmdU'"
Date
~PRO,opj> ~ SUFACIENCY
City Altom7
Date 0. ,fo ')--
I' f
APPROVED AS TO LEGAL SUFFICIENCY
By
Asst. Attorney General
Date
.AOMCV Address:
CITY OF ASHLAND
ATTN PUBUC WORKS DIRECTOR
. 20 E MAIN STREET
ASHLAND OR 97520
S,T ATE OF OREGON, by and through its
Depa~entofTransportation
By
Region 3 Manager
Date
APPROVAL RECOMMENDED
By
District 8 Manager
Date
By
State Traffic Engineer
Date
6
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Agreement No. 19017
Signal Maintenance. Ashiand
On January 31, 2002, the Director of the Ore"gon Dep"artment 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.
STATE OF OREGON. by and through its
Department of Transportation
By
Region 3 Manager
. By
Title
Date
Date
1-17,p.:1-
APPROVAL RECOMMENDED
~~GALSUFFICIENCY
City Att1
Date I n{lJ~
By
District 8 Manager:-
Date
By
" State Traffic Engineer
. APPROVED AS TO LEGAL SUFFICIENCY
By
Assl Attorney General
Date
By
Tech. Svcs. Manager/Chief Engineer
Date
Date
By
Executive Deputy Director
Date
Agency Address: .
CITY OF ASHLAND
A TIN PUBLIC WORKS DIRECTOR
20 EMAIN STREET
ASHLAND OR 97520
6
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. .
Agreement No. 19017
Signal Maintenance - Ashland
EXHIBIT A
Unit 1: Under the jurisdiction and control of
the City
City pays 100% maintenance & 100..4 electrical
Traffic Signals
OR 99 (Siskiyou Blvd.) @ E. Main/4da 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.
Shennan @ Siskiyou Blvd.
Flashing ,Beacons
OR 99 NB @ Fire Station
Unit 2: Under the Jurisdiction and
Control of ODOT
City pays 1000;. electrical, no maintenance
ODOT pays 100..4 maintenance, no electrical
Traffic Signals
Maple St. @ OR 99 (Main St.)
.Laurel St. @OR99 (Main St.)
Helman St. @ OR 99 (M~in 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.
Flashine: Beacons
None
7
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CITY RECORDER
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
OAlSE
7/21/2008
PQ,NlaMBER
08426
I I
VENDOR: 001104
OREGON DEPT OF TRANSPORTATION
355 CAPITOL STREET NE RM#434
SALEM, OR 97301
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ELECTRIC
Contact: Michael FauQht
Confinning? No
AQreement with ODOT for Traffic SiQnal
Maintenance - (11) Traffic SiQnals and
(2) FlashinQ Beacons in Ashland
16,500.00
Start date: 07/11/2002
Completion date: 02128/2012
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
1 . 0
0.00
0.00
16,500.00
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E 690. 1 1 1 8. 00 60240( 1 6.500 00
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Al.Ithoriz ianature
VENDOR COpy
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CITY OF
ASHLAND
REQUISITION
No. PW - FY 2009
Department Electric Department
Vendor OOOT
355 CAPITOL STREET NE RM 434
SALEM OR 97301-3872
Account No. 690.11.18.00.602400
Date July 14,2008
Requested Delivery Date
Deliver To
Via
ASAP
Karl Johnson ~
~
(* Note: PIeue allow IppI'OxinweIy two(2) weeks for cIeIivery on items not
gcncnUy c:ariecI in stored, IIld IppI'OximateIy two (2) monlhs on prinlinajobs.)
Item No. Quantity Unit Dcsc:ription Use ofPw'cbasin2 Office On
Unit Price Total Price PO No.
OOOT and the City of Ashland entered into
Agreement 190 17 for traffic signal maintenance
on eleven traffic signals and two flashing beacons
in Ashland.
see attached agreement for futher detail.
TOTAL $ 16,500.00
for Karl:
BID IRFP I EXEMPT: Exempt
Contract Start Date: July 11, 2002
Contract Completion Date: Febtuary 28,2012
Insurance on file: YES NO
Project No: N/A
Job No.
Unit No.
I hcnby certify that the Ibove items Ire ->' for the operation
of this depIr1ment IIld Ire budpled
fu~..b IS) D-h
DepIrtment Had or A . ~
Issued By
Date
Received By
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G:\pub-wrks\admin\PB Streets\ODOT AgreemerU\Signal Maktenance Agreem_ Req 2005
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