Res 1883 - ODOT Agr. 24,253COUNCIL BILL NO. 2710
RESOLUTION NO. 1883
A RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGREEMENT NUMBER 24,253
WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO
SIGN SUCH AGREEMENT.
WHEREAS, by authority granted in ORS 190.1 10, the State of Oregon acting
through its Department of Transportation is authorized to enter into agreements
with cities for the performance of any or all functions and activities that a party
to the agreement or its officers have the authority to perform; and
WHEREAS, OR 214 is a state highway under the jurisdiction and control of
Oregon Transportation Commission; and
WHEREAS, a project has been developed to prepare an Environmental
Assessment for OR 214 from Broughton Way to Park Avenue in accordance with
the guidelines of the National Environmental Protection Act; and
WHEREAS, under such authority the State of Oregon acting through its
Department of Transportation and the City of Woodburn agree to share in the
costs for preparation of Environmental Assessment for OR 214 from Broughton
Way to Park Avenue; and
WHEREAS, the State of Oregon, Department of Transportation, has
provided Intergovernmental Agreement No. 24,253 outlining terms and
conditions for preparation of an Environmental Assessment for OR 214 from
Broughton Way to Park Avenue in accordance with the guidelines of the
National Environmental Protection Act; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Intergovernmental
Agreement No. 24,253, which is affixed as Attachment "A" and by this reference
incorporated herein, with the State of Oregon acting by and through its
Department of Transportation to prepare an Environmental Assessment for OR
214 from Broughton Way to Park Avenue in accordance with the guidelines of
the National Environmental Protection Act.
Page 1 - COUNCIL BILL NO. 2710
RESOLUTION NO. 1883
Section 2. That the City Administrator of the City of Woodburn is
authorized to sign said agreement on behalf of the City.
Approved as to form: 2 c Z
City Attorney Dat
Appro ed: /7x
athryn Ogley, (May4r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: 9 L -C �
Mary nant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2710
RESOLUTION NO. 1883
March 24, 2008
March 26, 2008
March 26, 2008
March 26, 2008
Misc. Contracts & Agreements
No. 24533
INTERGOVERNMENTAL AGREEMENT
Oregon Route 214 (OR -214): Broughton Way to Park Avenue
Environmental Assessment to Modernize OR -214 through Woodburn
City of Woodburn
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 WOODBURN, acting by and through its designated officials, hereinafter
referred to as "City," collectively hereinafter referred to as the "Parties."
RECITALS
1. By the authority granted in ORS 190.110, state agencies may enter into agreements
with units of local government for the performance of any or all functions and
activities that a party to the agreement, its officers, or agents have the authority to
perform.
2. By the authority granted in ORS 366.425, State may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or
corporation for the performance of work on any public highway within the State.
When said money or a letter of credit is deposited, State shall proceed with the
Project. Money so deposited shall be disbursed for the purpose for which it was
deposited.
3. OR -214 through City is a congested urban roadway that has been identified (City of
Woodburn Transportation System Plan, October 2005) in need of improvements for
efficient and safe traffic movements.
4. As part of the Interstate -5 (1-5) at OR -214 Interchange (Woodburn) Development
Project (see State's 2006-2009 Statewide Transportation Improvement Program,
key number 12518), the following documents have been published: 1)
Environmental Assessment (July 2005); 2) Interchange Area Management Plan
(June 2006); 3) Revised Environmental Assessment (REA) (November 2006); and
4) Finding of No Significant Impact (FONSI) (December 2006). The REA projects
design revision of roadway from the 1-5 Interchange to Astor Way. This Agreement
addresses a project on OR -214 in Woodburn (see State's 2006-2009 Statewide
Transportation Improvement Program, key number 12820) that will slightly overlap
the area studied in the REA, beginning at Broughton Way (mile point 37.46) and
extending to Park Avenue (mile point 38.82).
NOW THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the Parties hereto as follows:
Key No. 12820
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
TERMS OF AGREEMENT
1. Under such authority, State and City agree that the work identified herein shall be
performed and 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. The Project shall include:
a. Preparation of an Environmental Assessment for the OR -214: Broughton Way
to Park Avenue project in accordance with guidelines of the National
Environmental Policy Act (NEPA); and
b. Year 2035 projections of population, employment, land use, and the local
transportation network (hereinafter referred to as Projections) to be used to
update the State Transportation Model for the Woodburn Area; and,
c. Preparation and adoption of the Access Management Plan into the current
City's Comprehensive Plan and Transportation System Plan, and if needed,
into the City's Development Ordinance.
2. A Work Order Contract from State's Agreement to Agree Contract No. 25159, titled:
Discipline Specific Architectural & Engineering and Related Services — David Evans
and Associates, Inc., shall be entered into by State separate from this Agreement.
The Work Order Contract shall describe in detail the Statement of Work and
Delivery Schedule for Project.
3. The total Project cost is estimated at $750,000, which is subject to change. The
Project will be financed with federal National Highway System (NHS) funds at the
maximum allowable federal participating amount of $493,515. State shall provide
the federal fund match of $56,485 (for a total of $550,000). Federal and State funds
will be utilized for Project costs prior to City's contribution of $200,000. Any change
in total Project cost or contributions to the Project shall be accomplished through an
amendment to this Agreement, and State shall be responsible for costs in excess of
the available federal funds and City's contribution.
4. The terms of this Agreement shall begin on the date all required signatures are
obtained and shall terminate on January 31, 2011, or upon completion of Project
and final payment, whichever is sooner.
CITY OBLIGATIONS
1. City shall, upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward to State an advance deposit or
irrevocable letter of credit in the amount of $200,000 for the Project, said amount
being equal to the estimated amount to be contributed by City.
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
2. City certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
City's current appropriation or limitation of the current biennial budget.
3. City shall, at its own expense, provide Projections to State's Transportation Planning
Modeling Unit (TPAU) for the purpose of updating the Woodburn Area Traffic
Demand Model. Specific Projection criteria, including delivery dates and format,
shall be further defined in the Delivery Schedule of the future Work Order Contract
identified in Terms of Agreement, Paragraph 2.
4. In the event City is unable to perform the work necessary to obtain Projections, City
agrees to allow State to perform the work using the funds from City's $200,000
contribution for the Project.
5. City agrees, upon notification by the State, to participate in the process to adopt the
Access Management Plan into the current City's Comprehensive Plan and
Transportation System Plan. City shall amend its Development Ordinance as
necessary to conform to the amended Comprehensive Plan and Transportation
System Plan.
6. City shall assist State in the formation of a Project management team that will work
cooperatively in developing and managing the Work Order Contract.
7. City's Project manager, as identified in City Obligations, Paragraph 8, shall serve on
Project's management team. City's Project manager shall have authority to act on
behalf of City to provide input and give approval on deliverables and amendments to
the Work Order Contract and to Project management matters and issues.
8. City's Project manager for this Project is Randall Rohman, P.E., Public Works
Program Manager, 270 Montgomery Street, Woodburn, Oregon 97071, phone (503)
982-5245, or assigned designee upon individual's absence.
STATE OBLIGATIONS
1. State, or its consultant, shall prepare an Environmental Assessment of
modernization alternatives for the OR -214: Broughton Way to Park Avenue project.
2. State, or its consultant, shall prepare an Access Management Plan for the Project
Area.
3. Upon receipt of the Projections, State's TPAU shall update the State's Woodburn
Area Traffic Demand Model to year 2035. State agrees to perform the work
required to obtain Projection data in the event City is unable.
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
4. State shall request that City initiate the appropriate public process to amend its
Comprehensive Plan and Transportation System Plan by adding access
management measurements applicable to the Project. City shall amend its
development ordinance as necessary to implement the access management
measurements as adopted into its Comprehensive Plan and Transportation System
Plan.
5. State shall coordinate with City to form a Project management team that will work
cooperatively in developing and managing the Work Order Contract.
6. State shall, upon execution of this Agreement, forward to City a letter of request for
an advance deposit or irrevocable letter of credit in the amount of $200,000 for
payment to State for the Project, as specified in City Obligations, Paragraph 1. In
the event that the total Project cost does not reach $750,000, the portion of said
advance deposit which is in excess of the Project cost will be refunded or released
to City.
7. State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
8. State's Project manager for this Agreement is Alan J. Fox, Project Leader, 885
Airport Road, SE, Building P, Salem, Oregon 97301-4790, phone (503) 986-2681,
or assigned designee upon individual's absence.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of both Parties.
2. 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 fails 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 Project.
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
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 State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. 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 final
payment. Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by State.
5. 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.
6. 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.
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year
hereinafter written.
This Project is in the 2006-2009 Statewide Transportation Improvement Program, (Key
12820) that was approved by the Oregon Transportation Commission on August 17,
2005 (or subsequently approved by amendment to the STIP).
5 of 8
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order
No. 2, which authorizes the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the
biennial budget approved by the Legislature, including activities to execute a project in
the Statewide Transportation Improvement Program.
Signature page to follow
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 24533
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways, to approve and sign agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
CITY OF WOODBURN, by and through its STATE OF OREGON, by and through
designated officials its Department of Transportation
City Administrator
Date
APPROVED AS TO FORM
:2
City Legal Counsel
Date
City Contact:
Randall Rohman, P.E.
Public Works Program Manager
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone: (503) 982-5245
Randy.Rohman@ci.woodburn.or.us
State Contact:
Alan J. Fox, Project Leader
Oregon Department of Transportation
Highway Division, Region 2
885 Airport Road SE, Building P
Salem, OR 97301-4790
Phone: (503) 986-2681
Alan.j.fox@odot.state.or.us
By
Deputy Director, Highways
Date
APPROVAL RECOMMENDED
By
Technical Services Manager/Chief
Engineer
Date
By
Region 2 Manager
Date
By
Region 2 Project Delivery Manager
Date
By
Area 3 Manager
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date
7 of 8
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 24533
EXHIBIT A
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