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HomeMy WebLinkAboutODOT - Traffic Signal MaintenanceMisc Contracts and Agreements No. 32418 TRAFFIC SIGNAL MAINTENANCE AGREEMENT CITY OF CENTRAL POINT 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 "State,' and the City of Central Point, acting by and through its elected officials, hereinafter referred to as "Agency," all herein referred to individually or collectively as "Party" or "Parties". RECITALS 1. The traffic signals listed in Exhibit A, are part of the city street system under the jurisdiction and control of City- Freeman Road, Oak Street, 2n° Street, 3"' Street, 0 Street and portions of East Pine Street are a part of the city street system under the jurisdiction and control of City. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments 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. By the authority granted in ORS 610.210, State 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 State 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 State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications. 4. State and City have determined that it is both to their mutual benefit and to the general public's benefit if they jointly utilize State and City maintenance resources 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. Under such authority, State and City enter into this Agreement to identify the maintenance, timing, and electrical energy responsibilities for the traffic signal systems (Signal Systems) and emergency repairs of the Signal Systems, the Signal Systems includes illumination, video detection, preemption, signals, flasher, rapid flashers, interconnects and all controls systems and required signage for the signals, illumination, flashers, rapid flashers, video detection, interconnections and preemption along city streets as shown in the chart marked Exhibit A, attached 01-Z6-16 Deanna Casey From: STRADTNERJanell <Janell.STRADTNER@odot.state.or.us> Sent: Friday, September 07, 2018 4:17 PM To: Deanna Casey Subject: Night work for Signal Replacements - Central Point Follow Up Flag: Follow up Flag Status: Flagged Deanna ODOT will be hiring a contractor to replace signal heads on traffic lights involving 16 cities in Southern Oregon. For safety reasons and inconveniencing of the traveling public the work needs to be completed at night. Each signal should take 1-2 nights to complete. Central Point has 3 proposed signal replacements. The time frame for all 16 cities is from January to August of 2019. 1 am hoping to get preliminary approval now, with ODOT sending you more accurate dates for your city as the project nears. Please let me know if there is anything else I need to submit. Thankyou OR 99 Rogue Valley 3.60 Beall Ln Central Point N/A N/A 1-5 SB Ramps Central Point OR 99 Rogue Valley 0.00 SB off Ramp/Willow Spring Rd Central Point Janell Stradtner Transportation Planner, ODOT Region 3 3500 NW Stewart Parkway, Rsbrg 97470 541.957.3 521 .ianell.stradtner@odot.state.or.us 1 City/State Agreement No. 32418 hereto and by this reference made a part of this Agreement. The Scope of the work performed under this Agreement is limited to maintenance activities and shall not include alteration, upgrade, or construction of sidewalks or curb ramps, or installation of pedestrian -activated signals. 2. The total cost of the maintenance and timing shall not exceed $5,000 per signal, per calendar year. Said cost is subject to review for inflation, and any changes shall be by an amendment, signed by all Parties The cost of emergency repairs will depend on the repairs and State shall invoice Agency for these repairs. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the useful life of the facilities. The useful life is twenty (20) years. CITY OBLIGATIONS 1. City shall pay 100 percent of the electrical energy costs associated with Signal Systems. City shall have the power company send bills directly to City. 2. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City streets in such a manner as to provide adequate protection for said detector loops. 3. City shall be responsible for locating all utilities in connection with the Signal Systems. 4. In cases where City modifies timing to add railroad or emergency vehicle preemption, bus priority, or other changes that affect vehicle or pedestrian clearances, or operation of the Signal Systems, such modifications shall be reported to State's Electrical Manager State shall retain the right of review of the traffic signal timing for signals and shall reserve the right to perform adjustments when needed. All modifications shall follow guidelines set forth in the current Manual on Uniform Traffic Control Devices, and the current State Traffic Signal Policy and Guidelines. 5 City grants State the right to enter onto City right of way for the performance of duties as set forth in this Agreement. 6. City shall pay one -hundred (100) percent of the maintenance costs associated with the Signal Systems listed in Exhibit A 7. City shall pay one -hundred (100) percent of the emergency repair costs associated with the Signal Systems listed in Exhibit A. 8 City shall pay one -hundred (100) percent of the annual inspection costs associated with the Signal Systems listed in Exhibit A. 9 City shall coordinate with State to request the extraction of the signal programming City/State Agreement No 32418 or preemption data from the Signal System. 10.City shall, upon receipt of invoice from State for maintenance, emergency repairs or annual inspection costs associated with the Signal Systems, reimburse State for one -hundred (100) percent of said costs. City shall remit payment within forty-five (45)days, 11.AI1 employers, including City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656 017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656 126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements 12.City acknowledges and agrees that State, 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 six (6) years after completion of Project Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 13. City's Project Manager for this Project is the Public Works Director, Matt Samitore, 140 S Third Street, Central Point, OR 97502, 541-664-7602 x 205, matt.samitore@centralpomtoregon.gov, or assigned designee upon individual's absence. City shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State shall perform all necessary maintenance, emergency repairs and annual inspections and timing of Signal Systems listed on Exhibit A. 2. State shall prioritize requests and calls for maintenance and/or repair based on resource availability and the States Operational Notice MG -144.02 — Traffic Signal Maintenance Priority; attached hereto, marked Exhibit B, and by this reference made a part hereof. 3. State shall coordinate the annual inspection of each Signal System and coordinate with City the extraction of the signal programming or preemption data from the Signal Systems as requested by City. 4. State shall submit billings to City for actual maintenance, annual inspections and emergency repair costs incurred for work performed under this Agreement for the Signal Systems listed on Exhibit A. 5 State shall retain the right to review the traffic signal timing and to make timing City/State Agreement No 32418 adjustments when needed. 6. State's Project Manager for this Project is the Region 3 Electrical Manager, Lucas Schauffler, 345 NE Agneas Ave Grants Pass, OR 97526, 541-471-3807, lucas d schaufFler@odot.state.or.us, assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement GENERAL PROVISIONS 1. Americans with Disabilities Act Compliance: a The Parties agree that all work performed by either Party under this Agreement ('Work') shall comply with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended (together, "ADA). b Scope of Work. i. The scope of the Work performed under this Agreement is limited to maintenance activities and shall not include alteration, upgrade, or construction of sidewalks or curb ramps, or installation of pedestrian activated signals. If Work to be performed by either Party may include an alteration under the ADA as set forth in ODOT Maintenance Operational Notices MG 144-03 or MG100-107 ("Alteration"), and thereby triggers additional modifications to the facility in order to comply with the ADA ("ADA Modifications"), and if the ADA Modifications cannot reasonably be included in the Work, then the Work falls outside the scope of this Agreement. The Parties may enter into a separate agreement for performance of such Work and ADA Modifications Whether specific Work may include an Alteration shall be determined by the Party responsible for performing the Work. c. For Work performed by ODOT under this Agreement, the Parties shall i. Utilize ODOT standards, including but not limited to ODOT Maintenance Operational Notices MG 100-107 ("MG 100-107"), MG144-03 ('MG144-03"), and MG Activities -2 ("MG Activities -2"), to ensure that the Work complies with the ADA. it. Follow ODOT's processes for modification or upgrade of pedestrian -activated signals and performance of any ADA Modification, Including but not limited to MG 144-03 and MG 100-107; and iii. Ensure that temporary pedestrian routes are provided through or around any work zone related to the Work, as provided in MG Activities -2 and, as applicable, Technical Services Directive TSB17-01(0) ("TS817-01(1))"). Any such temporary pedestrian route shall include directional and informational CitylState Agreement No 32418 signs, include accessibility features equal to or better than the features present in the existing pedestrian facility, and comply with Chapters 1 and 5 of the Oregon Temporary Traffic Control Handbook 2011 ('OTTCH"), MG Activities -2, and (if applicable) TSB17-01(D). As detailed in MG Activities -2 and TSB17-01(D), ODOT shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction, to the greatest extent possible. The Parties acknowledge that providing advance notice may not be possible for certain Services, including but not limited to circumstances when Services are provided on an urgent or emergency basis, or where the nature and location of the Services are unknown until the beginning of the workers' shift d For Work performed by Agency under this Agreement on Agency roads or facilities that are located on or along the State Highway System or a State- owned facility ('state highway'), Agency shall i. Utilize ODOT standards, including but not limited to MG 100-107, MG144- 03, and MG Activities -2, and Chapters 1 and 5 of the OTTCH, to assess compliance with the ADA; ii Follow ODOT's processes for modification or upgrade of pedestrian - activated signals and performance of any ADA Modification, including but not limited to MG 144-03 and MG 100-107; iii Promptly notify ODOT of completion of Work and allow ODOT to inspect pedestrian -activated signals located on or along a state highway prior to acceptance of Work by Agency and prior to release of any Agency contractor, and iv Ensure that temporary pedestrian routes are provided through or around any work zone related to the Work, as provided in MG Activities -2 and, as applicable, TSB17-01(D). Any such temporary pedestrian route shall include directional and informational signs, include accessibility features equal to or better than the features present in the existing pedestrian facility, and comply with Chapters 1 and 5 of the OTTCH, MG Activihes-2, and (as applicable) TSB17-01(D). As detailed in MG Activities -2 and TSB17-01(D), Agency shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction, to the greatest extent possible. The Parties acknowledge that providing advance notice may not be possible for certain Services, including but not limited to circumstances when Services are provided on an urgent or emergency basis, or where the nature and location of the Services are unknown until the beginning of the workers' shift cky/stare Agreement No 32418 e. For Work performed by Agency under this Agreement on Agency roads or facilities that are not on or along a state highway L Agency may follow its own ADA -compliant processes or may use ODOT's processes for modification or upgrade of pedestrian -activated signals and performance of any ADA Modifications. ODOT resources are available at: hill) //www.oreaon oov/ODOT/Enalneenna/Panes/Accessibility asoz ODOT has made its forms, processes, and resources available for Agency's use and convenience; ii. Agency assumes sole responsibility for ensuring that the Work complies with the ADA, including when Agency uses ODOT forms and processes. Agency acknowledges and agrees that ODOT is under no obligation to review or approve plans or inspect the completed Work to confirm ADA compliance, and iii. Agency shall ensure that temporary pedestrian routes are provided through or around any work zone related to the Work Any such temporary pedestrian route shall include directional and informational signs and include accessibility features equal to or better than the features present in the existing pedestrian route. Agency shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations prior to the start of construction, to the greatest extent possible The Parties acknowledge that providing advance notice may not be possible for certain Services, including but not limited to circumstances when Services are provided on an urgent or emergency basis, or where the nature and location of the Services are unknown until the beginning of the workers' shift f Agency shall ensure that any feature or part of a feature that is addressed as part of the Work ('Feature'), including ADA Modifications, that falls under Agency's maintenance jurisdiction, is maintained in compliance with the ADA throughout the useful life of the Feature This includes, but is not limited to, Agency ensuring that: i Pedestrian access is maintained as required by the ADA, it. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrianactwated signal safety or access issues are promptly evaluated and addressed, di. Any repairs or removal of obstructions needed to maintain Feature in compliance with the ADA requirements that were in effect at the time of Project construction are completed by Agency or abutting property owner pursuant to applicable local code provisions, City/State Agreement No. 32418 Iv. Any future alterations during the useful life of the Feature complies with the ADA requirements in effect at the time the future alteration work is performed, and v. Applicable permitting and regulatory actions are consistent with ADA requirements. g. Maintenance obligations in Subsection f above shall survive termination of this Agreement h. ODOT Maintenance Operational Notices MG 100-107 MG144-03, MG Activities -2, TSB17-01(D), and the OUCH are all incorporated herein by reference. Copies of MG 100-107 MG144-03, MG Activities -2, and TSB17-01(D) are available for inspection at www.oregon gov/ODOT/Engineering/Docs_ADA or at the COOT District 8 Office located at 100 Antelope Road, White City, OR 97503 during regular business hours The OUCH is available at htto 1/www oreaon oov/ODOT/Enaineermo/Paces/OTTCH asox . All references to MG 100-107 MG144-03, MG Activities -2, and TSB17-01(D) in this Section refer to the version of the policy in place at the time the Services are performed. 2. This Agreement may be terminated by mutual written consent of all Parties. 3 State may terminate this Agreement effective upon delivery of written notice to City, or at 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 fads 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 ten (10) days or such longer period as State may authorize c If City fails to provide payment of its share of the cost of the Agreement. d If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. 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 Stale is prohibited from paying for such work from the planned funding source. 4. City may terminate this Agreement effective upon delivery of written notice to State, or City/State Agreement No. 32418 at such later date as may be established by City, under any of the following conditions. a If State fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow City, in the exercise of its reasonable administrative discretion, to continue to make payments for performance 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 Agency is prohibited from paying for such work from the planned funding source. 5. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 6. All Parties shall comply with all federal, state, and local laws, regulations, execubve orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 2798.220, 279B.225, 279B.230, 2798.235 and 2798.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Both Parties expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973, (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (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. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State, City with respect to which the other Parties may have liability, the notified Parry must promptly notify the other Parties in writing of the Third Party Claim and deliver to the other Parties a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim B. With respect to a Third Party Claim for which the State is jointly liable with City (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attomeys' fees), judgments, fines and amounts paid in settlement aMelly and reasonably incurred and paid or payable by City in such proportion as is appropriate to reflect the relative fault of State on the one hand and of City on the other hand in connection with the events which resulted in such expenses, judgments, City/State Agreement No 32418 fines or settlement amounts, as well as any other relevant equitable considerations The relative fault of State on the one hand and of City on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 9. With respect to a Third Parry Claim for which City is jointly liable with State (or would be if joined in the Third Party Claim), City shall contribute to the amount of expenses (including attomeys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations The relative fault of City on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30 260 to 30.300, if it had sole liability in the proceeding 10.The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation 11. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart Each copy of this Agreement so executed shall constitute an original 12.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 THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. Clly/State Agreement No. 32418 BTY, by an Ihrcu s leF�d officials r WrtUaswS Data By �r+y e. C>vrla Ga�yen Data G//4 // CIN Contaet MaSSamitore Pubtic Works Director 140 S Third Street Centra( Point, OR 97802 541 -6164-7602 x 205 maN.samitom@writralpointomgon.gov state Conrad Lucca Schausler Region 3 Electrical Winegar 345 NE Agrreu Ave. Grants Pus, OR 97528 541-4713807 Luras O.Schou9lor®adot.state.or us 10 STATE OF OREGON, by and through Its Den f Transportation �Ig y ivlslon Administrator Dare �la. IIS APPROVAL RECOMMENDED By State Traffic-Ro�ad"yy Engineer Date 4o / IAB /7 Refirw63 Manager Date L•01 - 13y Lucas SchaUliler Region 3 Electrical Manager Date 8-22-18 APPROVED AS TO LEGAL SUFFICIENCY By Jennifer O'Bnen via E -mal Assistant Attorney General Dale June 12, 2018 City/State Agreement No 32418 EXHIBITA The traffic signals listed In the Isle below are pert of the city street system under the Jurisdiction and control of the City State shall perform rrialnbnanoe and tuning an all Signals and Signal Illumination at the Inbnsectlons listed below CiMowned Traffic Slanals and Sianal ISuminadon LOCATION MAINTENANCE COSTS POWER COSTS 1. Freeman Road a Oak Street I City -100% Cly -100% 2 East Pine Street 0 2n° Street Cly -100% CRY -100% 3. East Pine Street ® 4e Street I City -100% City -100% 4 East Pine Street ® le Street City -100% City -100% I VIII 5. East Pine Sheet C Hlghwsy 99 I city -100% city -100% S. Haskell Street (M West Pine Street clry-t00% city -t00% 11 City/State Agreement No.3241 B EXHIBIT B malmanerc• reyueea NACKOROUND- Ix •. n of eepecled Tralc IS,- Mann-...nw PoonW onammr , cco, aapeoted rop✓.... lr. wqp o. Mal eatl Local tyro (I,.. menta and to arlFrr e>mectelum Id, •.n _tr., rea.,✓sae l� raft Signal Maeeenalneozge Trane �...... prrorlty asuea a leo co me II • I' IPple .III. 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