Res 2025 - ODOT Cooperative Agreement 28835COUNCIL BILL NO. 2916
RESOLUTION NO. 2025
A RESOLUTION APPROVING COOPERATIVE IMPROVEMENT AGREEMENT NO. 28835
WITH THE STATE OF OREGON THROUGH THE OREGON DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID
AGREEMENT
WHEREAS, the City desires to enter into an agreement with the State of
Oregon through the Oregon Department of Transportation (ODOT) for combining
the Woodburn Interchange project and the Evergreen Road Transit Facility project
into a single project; and
WHEREAS, ODOT has prepared and approved Cooperative Improvement
Agreement No. 28835 in the form attached to this Resolution as Exhibit "A "; NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City agrees to all the terms and conditions identified in
Cooperative Improvement Agreement No. 28835, which is attached to this
Resolution as Exhibit "A ".
Section 2. That the City Council authorizes the City Administrator to sign
Cooperative Improvement Agreement No. 28835 on behalf of the City in the form
attached to this Resolution as Exhibit "A."
Approved as to form:
City Attorney
Approved:
Kathryn Fig &,
Passed by the Council IL" ,,n L
Submitted to the Mayor �M.DCu
Approved by the Mayor
Filed in the Office of the Recorder ,� anuci
ATT EST:j9�
Heather Pierson, City Recorder
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Page 1 - COUNCIL BILL NO. 2916
RESOLUTION NO. 2025
Exhibit A
Misc. Contracts and Agreements
No.28835
Oregon Department of Transportation
COOPERATIVE IMPROVEMENT AGREEMENT
Interstate 5 (1 -5) at Woodburn Interchange and Transit Facility
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;" both herein referred to individually or collectively as "Party" or
"Parties."
RECITALS
Interstate 5 (Pacific Highway) and Oregon Route 214 /Oregon Route 219 (Hillsboro -
Silverton Highway) are part of the state highway system under the jurisdiction and
control of the Oregon Transportation Commission (OTC). Oregon Route 214/219 (OR
214/219) is routed through the corporate limits of the City of Woodburn. Various city
streets listed are mentioned throughout the terms of this Agreement and are under the
jurisdiction and control of City.
2. By the authority granted in Oregon Revised Statutes (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 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.
4. State, by ORS 366.220, is vested with complete jurisdiction and control over the
roadways of other jurisdictions taken for state highway purposes. By the authority
granted in ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no
regular established curb, then control extends over such portion of the right of way as
may be utilized by State for highway purposes. Responsibilities for and jurisdiction
over all other portions of city street remains with the City.
5. By the authority granted in ORS 810.210, 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
Key Nos. 12518 and 15739
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
approval. Traffic signal work on this project will conform to the current State standards
and specifications.
6. Oregon Jobs and Transportation Act of 2009 (JTA) Program, hereinafter referred to
as the "JTA of 2009 Program," provides funding for preservation and modernization
projects chosen by the OTC.
7. Projects named in Section 64 of the 2009 Legislative Assembly, Oregon House Bill
(HB) 2001, as well as projects approved by the OTC pursuant to Section 64(3), were
amended into the Statewide Transportation Improvement Program (STIP), including
the project identified herein.
8. Governor Kulongoski signed HB 2001 on July 29, 2009, Chapter 865, Oregon Laws
2009. This legislation also known as the Oregon Jobs and Transportation Act, is the
transportation funding plan for accountability, innovation and environmental
stewardship; highway, road and street funding, and multimodal funding. On October
21, 2009 the OTC approved projects relating to this legislation. A portion of the project
described herein is funded by the JTA of 2009 Program.
9. The Interstate 5 (1 -5) interchange area at OR 214 and OR 219 (Woodburn
Interchange) has experienced capacity deficiencies and extensive motor vehicle
queuing for many years and does not meet current design and operational standards.
The Woodburn Interchange has become heavily congested as urban development
has increased traffic in the area, and the capacities of local arterial streets served by
the interchange are limited by the size of the existing structure. Future growth in the
area will increase congestion problems, increase the difficulty to access adjacent
businesses, and decrease the safety of drivers, bicyclists, and pedestrians.
10.The proposed Woodburn Interchange project was evaluated by the State and Federal
Highway Administration (FHWA) in an Environmental Assessment (EA) published in
July 2005, which was circulated for public and other federal, state, and local agency
review. Public testimony and agency comments were reviewed and responded to in
the November 2006 Revised Environmental Assessment (REA). FHWA issued a
Finding of No Significant Impact for this project on December 8, 2006. Since the
publication of the 2006 REA, the project design has been modified and changes have
occurred in the affected environment and to regulations and policies relevant to the
proposed project. A Re-Evaluation of the 2005 EA and 2006 REA resulted in the Re-
Evaluation of the 2005 Woodburn Interchange Project Environmental Assessment
dated July 2012, which combined the Woodburn Interchange Project (Key No. 12518)
with the Transit Facility /Evergreen Road Project (Key No. 15739).
11.Cooperative Improvement Agreement No. 25169, entered into between State and City
was fully- executed on May 10, 2012, and adopts the alignment of Evergreen Road
and the basic site plan for, and access to, the Transit Facility.
Page 2 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
12.The 2005 EA established the aesthetics goal for this project, which is to: "create a
gateway entrance to Woodburn." The EA also states that State will "design gateway
intersections at 1 -5 as community enhancement areas with features appropriate to
community urban design goals." In response, the Woodburn City Council appointed a
13- member Aesthetic Advisory Panel to work with the State's design team to develop
design enhancements that will make the Woodburn Interchange stand out among
other Willamette Valley 1 -5 interchanges. During the fall and winter of 2011 the panel
met to discuss and design themes and evaluate various treatments for the
interchange including special lighting and landscaping. The panel provided guidance
on design themes and feedback on the look of proposed design features. The
community -led vision for the overall Gateway Design Package was selected by
consensus of the panel members at their April 4, 2012 meeting and approved by the
Woodburn City Council on June 11, 2012. The approved Gateway Design Package
will be incorporated into the plans and specifications of the project described herein.
DEFINITIONS
1. Relinquishment Deed, as defined in Oregon Department of Transportation's Right of
Way Bulletin Number RW080 -10(B) is a conveyance document used by the State to
convey a fee title (and /or easement) property interest that was acquired by the State
to a local agency for public road purposes.
2. The Filterra Stormwater Bioretention Filtration SystemTM is a combination of
landscape vegetation and a specially designed filter media that captures bacteria,
metals, nutrients, and total suspended solids (TSS) that will be removed from City's
and State's stormwater management systems.
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
Under such authority, and as recommended by the 2012 REA, State and City agree to
combine the Woodburn Interchange and Evergreen Road Transit Facility projects.
Separately the projects are further described in Miscellaneous Contracts and
Agreements (MC&A) No. 21374, No. 22933, No. 23240, No. 25169, and No. 27310.
State and City agree to design, bid and construct the 1 -5 Woodburn Interchange and
Evergreen Transit Facility projects as one, hereinafter referred to as "Project."
2. The Project includes the reconstruction of the Woodburn Interchange to a partial
cloverleaf -A (loop ramps in advance of the overcrossing structure of 1 -5), widen 1 -5 at
the OR 214 and OR 219 overcrossing structure (Bridge) and approximately one -half
(112) mile of each highway predominantly northerly of the existing centerline,
depending on the existing conditions of the segment. This design concept follows the
Recommended Interchange Alternative, analyzed in the 2006 REA. As described in
the Project's Interchange Area Management Plan ([AMP) and in MC &A No. 25169,
Page 3 of 32
Exhibit A
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 28835
the Project also includes a new public transit facility and park- and -ride lot in the
northeast quadrant of the Woodburn Interchange at the intersection of OR 214 and
Evergreen Road; and an extension of Evergreen Road north of OR 214 to Country
Club Court, to support multi -modal use. The vicinity and general plan of the Project
are approximately as shown on the sketch maps attached hereto, marked "Exhibit A -1
and Exhibit A -2," and by this reference made a part hereof. The Project is pursuant to
FHWA directive.
3. As part of the Project construction and in accordance with Recitals, Paragraph No. 12,
the approved Gateway Design Package will include, but is not limited to:
a. decorative protective screening and lighting on the Bridge;
b. unique sign bridge design at each end of the Bridge and east of the Bridge near
the intersection of OR 214 and Lawson Avenue, for a total of three (3) sign
bridges;
c. sound wall colored block surface treatment;
d. colored concrete paving on the sidewalk on parts of OR 214 near the intersection
with Evergreen Road and the Transit Facility transfer platform;
e. landscaping at both ends of the Bridge, inside the interchange loop ramps, and
around and within the storm water detention ponds; and
f. a wall at the top of the drainage swale in the southwest quadrant of the Woodburn
Interchange.
4. Upon Project completion, City shall, at its own expense, maintain and pay all electrical
energy costs for the features of the Gateway Design Package, maintain all
landscaping as described in City Obligations, Paragraph Nos. 14 and 15, and have
maintenance responsibilities for all improvements made to City streets.
5. Electrical energy costs and maintenance responsibilities for the signalized
intersections included within the limits of this Project will remain as originally agreed to
by State and City in MC &A No. 10754, No. 11362, No. 14571, and No. 17227. State
shall maintain the signs and sign bridges over the Hillsboro - Silverton Highway, one on
each side of the Bridge and east of the Bridge near the intersection of OR 214 and
Lawson Avenue, as defined in MC&A 18079.
6. The cited right of way alignment of Evergreen Road and the new Access Road is
shown in "Exhibit B -1," attached hereto and by this reference made a part hereof.
7. Right of way to be purchased by State and relinquished to City for the extension of
Evergreen Road north of OR 214 for the transit facility portion of the Project, and parts
of other City streets for the 1 -5 Woodburn Interchange portion of the Project, are as
Page 4 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
approximately shown in "Exhibit B -2,' attached hereto and by this reference made a
part hereof include:
a. Arney Road;
b. Woodland Avenue (north of OR 219);
c. Willow Avenue (north of OR 219);
d. Evergreen Road (north of OR 214);
e. Access Road (connecting to Evergreen Road, north of OR 214);
f. Country Club Road (north of OR 214);
g. Broughton Way (north of OR 214);
h. Oregon Way (south of OR 214);
i. Lawson Avenue (south of OR 214);
j. Evergreen Road (south of OR 214); and
k. Cascade Drive (south of OR 214).
8. State shall, upon completion of the Project, transfer by relinquishment deed to City,
State -owned property as shown on "Exhibits B -1 and B -2." The relinquishment will be
initiated by State upon completion and acceptance of the Project by State and City.
City shall maintain that property and the improvements constructed thereupon for as
long as the property is used for highway purposes. If said property is no longer used
for highway purposes, it shall automatically revert to State.
9. Evergreen Road is being built by State as part of the Project and upon completion will
serve as the official "Detour Route" during construction of the new Woodburn
Interchange. It is the only such route that is part of the Project's Traffic Control Plan.
All other routes designated for use by cars and trucks to avoid the Project
construction area shall be part of an "Alternate Routes Plan" developed by the City
and Marion County and will be designated as "Alternate Routes" to distinguish them
from the State's "Detour Route ". The City will coordinate efforts with Marion County to
inform the public of "Alternate Routes" on their respective websites. State will support
their efforts by supplying public communication materials and links on State's
websites to the City and Marion County websites regarding "Alternate Routes ".
10.The Project will be financed at an estimated cost of approximately $80,000,000 in
federal, State, JTA, and City funds. The estimate for the total Project cost is subject to
change. City's total financial contribution toward the Project is limited to $8,000,000,
Page 5 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
as further described in Terms of Agreement, Paragraph No. 11. State shall be
responsible for the match to the federal funds, any non - participating costs, and all
Project costs beyond City's contribution.
11.State and City entered into MC &A No. 23240 on June 6, 2006 which describes the
Woodburn Interchange Funding Plan. As identified therein, City's total financial
obligation towards the reconstruction of the Woodburn Interchange is $8,000,000.
Further, State and City agree that $2,500,000 provided by the City to State in 2004
(MC&A No. 21374) to acquire the Zimmel property is included as part of the City's
total financial contribution. City's balance of financial contribution towards the Project
at this time equals $5,500,000 and may be met through credits as agreed between
the Parties in Terms of Agreement, Paragraph No. 12. City's total contribution, equal
to the balance owed of $5,500,000 is due no later than two (2) years from the date
State issues a "Notice to Proceed" for construction of the Project.
12.City shall be permitted to credit against its balance of financial contribution to the
Project certain items of work specifically so described:
a. Fifty (50) percent of all non - reimbursable utility relocation costs (as outlined in
MC&A 25169); and
b. One Hundred (100) percent of costs of tree removal and other construction and
engineering services authorized by this Agreement and the State's Project
Manager.
13.City shall keep accurate records of all expenditures so credited to City's financial
contribution in a form approved by the State's Project Manager and sufficient to
comply with a State audit, and keep such records for the time period specified herein.
At the time the City's contribution for the Project is due to the State, the City shall
submit with its contribution an itemized accounting by work item for which a credit has
been claimed. If at the time the balance payment to the State is due and the City is
still performing work for which credit is being claimed, an amount sufficient to cover
the estimated final costs of the claimed credit shall be negotiated with the State's
Project Manager for this Agreement.
14.This Agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance and
operation responsibilities for the useful life of the facilities constructed as part of the
Project. Only work begun after the effective date of this Agreement is eligible for
reimbursement with funds available under the JTA of 2009 Program. The useful
design life of the Project's roadway improvements is defined as twenty (20) calendar
years. The useful life of the Bridge structure is defined as seventy -five (75) calendar
years. The Project shall be completed within ten (10) calendar years following the
date of final execution of this Agreement by both Parties.
Page 6 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
15.The funds available under the JTA of 2009 Program are State Highway Funds. To be
eligible for reimbursement under the JTA of 2009 Program, expenditures must comply
with the requirements of Article IX, Section 3a of the Oregon Constitution.
16. City and State have a joint obligation to ensure timely expenditure of the JTA of 2009
Program funds and to comply with the provisions of the bonds that finance the JTA of
2009 Program.
CITY OBLIGATIONS
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 itemized accounting by
work item for which a credit toward City's financial obligation has been claimed. If at
the time the balance payment to the State is due, and the City is still performing work
for which a credit is being claimed, an amount sufficient to cover the estimated final
costs of the claimed credit shall be negotiated with the State's Project Manager for
this Agreement. Statements of work to be credited shall be submitted monthly and in
a format approved by the State's Project Manager.
City shall perform engineering and construction services at State's direction, including
but not be limited to, tree removal services and temporary fencing, as described
below. Construction services may, at the State Project Manager's direction, include
construction inspection. Such inspection must be performed by personnel qualified to
perform inspection on federally- funded projects. All services shall only be performed
upon receipt of a notice to proceed from the State's Project Manager. The accounting
and crediting of costs for services in addition to tree removal shall follow the
provisions as shown in Terms of Agreement, Paragraph No. 10. The total amount for
services to be rendered, without additional funding authorization of the State's Project
Manager is $200,000. Services exceeding $200,000 may be authorized upon
submittal by City of a description of the services and an itemized cost estimate signed
by the City Public Works Director and approval by the State's Project Manager.
3. City agrees, at its own expense and upon receiving a Notice to Proceed from State on
specific properties, to remove all trees and shrubs within the Project right of way, as
identified in "Exhibit C," attached hereto and by this reference made a part hereof.
Removal of trees and shrubs shall be in accordance with the Migratory Bird Treaty Act
(16 U.S.C. 703 -712) and ODOT Highway Division Directive ENV 01 -01 unless
specified trees and shrubs are monitored by the United States Department of
Agriculture, Animal and Plant Health Inspection Service (APHIS). City's costs for said
work shall be credited toward the City's financial contribution toward the Project. City
shall keep accurate cost accounting records of work performed and send to State's
Project Manager a monthly statement of costs. The cost of tree and shrub removal
shall not exceed a total amount of $100,000. Prior to incurring any costs for tree and
shrub removal over $100,000, City shall obtain authorization from State.
Page 7 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
4. City agrees to waive all required City fees associated with the planning, design,
permitting, and construction of this Project (e.g. hook -up fees, meter fees, permit
fees).
5. City shall be responsible, at its own expense, for removal, storage and reinstallation of
the "Welcome to Woodburn" sign currently located at the northwest comer of the
intersection of OR 219 and Evergreen Road.
6. City grants permission to allow State to connect the OR 214 storm water sewer line to
City's 48" storm sewer trunk line at the manhole at station HSC 562 +67.6, 49.5 feet
right in Settlemier Avenue.
7. City agrees to allow State's contractor the use of Stacy Allison Road for access to the
construction staging area in the southeast quadrant of the Project. Upon completion of
the Project, State shall repair damage to Stacy Allison Road caused by Project
construction at its own expense.
8. City will coordinate efforts with Marion County to inform the public of alternate routes
on their respective websites during construction of the Project.
9. In accordance with City Resolution No. 2017, attached hereto as "Exhibit D ", and by
this reference made a part hereof, City agrees to allow State to conduct night work,
waiving the requirements of the City of Woodburn's Ordinance No. 2312 (Noise) for
the duration of Project construction.
10. City shall, upon completion and acceptance of Project by State and City, accept all
jurisdiction, maintenance, and control of Evergreen Road, the new Access Road, and
other City streets modified by the Project as shown in Exhibit B -2, and maintain them
as a part of its city street system as long as needed for the service of persons living
thereon or a community served thereby. If said right of way is no longer used for
public street purposes, it shall automatically revert to State. Acceptance by City of
said right of way shall be as defined in Terms of Agreement Paragraph No. 8.
11. City agrees to comply with and enforce all access restrictions adopted by the Project
on:
a. OR 219 and OR 214;
b. Evergreen Road, Country Club Road and Oregon Way (north and south of OR
214);
c. the new Access Road;
d. Woodland Avenue and Arrney Road (north of OR 219); and
e. Lawson Avenue and Cascade Drive (south of OR 214).
Page 8 of 32
Exhibit A
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 28835
12. City shall maintain all new roadway and storm water systems constructed by State as
a part of the Project on local streets intersecting OR 214/219, and the storm water
laterals within the Transit Facility and park- and -ride lot.
13.City shall maintain the electric power infrastructure and vehicle chargers for the
electric vehicle charging stations in the park- and -ride lot for the Transit Facility, as
shown by the sketch map, attached hereto marked as "Exhibit E," and by this
reference made a part hereof. City shall maintain and pay the power costs for the
Transit Facility, including park- and -ride lot lighting and electric vehicles charging
stations. City shall have the power company send bills directly to City.
14.City shall maintain the following elements of the Gateway Design Package in
perpetuity and in accordance with Highway Division Directive No. DES 20 -01
attached hereto as "Exhibit I" and by this reference made a part hereof, following the
first year after Project completion:
a. Gateway Design Package landscaping in the areas shown as City responsibility in
"Exhibit F," attached hereto and by this reference made a part hereof, including,
but not limited to, landscaping at both ends of the Bridge, inside the interchange
loop ramps, and around and within the storm water detention ponds.
15. City shall maintain the following elements of the Gateway Design Package in
perpetuity, immediately following Project completion:
a. Electrical energy costs of lighting fixtures and lighting sources for decorative arch
lighting on the OR 214/219 Bridge over 1 -5. City shall have the power company
send bills directly to City.
b. Maintenance and operation of the decorative arch lighting
c. Colored paving on the sidewalks of the Project and on the Transit Facility transfer
platform, as shown in "Exhibit G ".
d. Sound wall colored block surface treatment, except on sound wall on 1 -5, as
shown on Exhibit H, attached hereto and by this reference made a part hereof.
e. Retaining walls in loop ramps.
f. Graffiti removal from the wall at the top of the drainage swale in the southwest
quadrant of the Woodburn Interchange.
16.City agrees that if City Council does not approve the maintenance responsibilities
listed under City Obligations, Paragraph Nos. 14 and 15 of this Agreement, the
specific Gateway Design Package elements described therein, for which maintenance
is not approved, shall not be constructed as part of the Project.
Page 9 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
17.AII 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.
18. City shall perform the service under this Agreement as an independent contractor and
shall be exclusively responsible for all costs and expenses related to its employment
of individuals to perform the work under this Agreement including, but not limited to,
retirement contributions, workers' compensation, unemployment taxes, and state and
federal income tax withholdings.
19. City acknowledges and agrees that State, the Oregon Secretary of State's Office, 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 this
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.
20.City shall require its contractor(s) and subcontractor(s) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold
harmless the State of Oregon, Oregon Transportation Commission and its members,
Department of Transportation and its officers, employees and agents from and
against any and all claims, actions, liabilities, damages, losses, or expenses, including
attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260,
caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or
omissions of City's contractor or any of the officers, agents, employees or
subcontractors of the contractor ( "Claims "). It is the specific intention of the Parties
that the State shall, in all instances, except for Claims arising solely from the negligent
or willful acts or omissions of the State, be indemnified by the contractor and
subcontractor from and against any and all Claims.
21 _Any such indemnification shall also provide that neither the City's contractor and
subcontractor nor any attorney engaged by City's contractor and subcontractor shall
defend any claim in the name of the State of Oregon or any agency of the State of
Oregon, nor purport to act as legal representative of the State of Oregon or any of its
agencies, without the prior written consent of the Oregon Attorney General. The State
of Oregon may, at anytime at its election assume its own defense and settlement in
the event that it determines that City's contractor is prohibited from defending the
State of Oregon, or that City's contractor is not adequately defending the State of
Oregon's interests, or that an important governmental principle is at issue or that it is
in the best interests of the State of Oregon to do so. The State of Oregon reserves all
Page 10 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
rights to pursue claims it may have against City's contractor if the State of Oregon
elects to assume its own defense.
22. City 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 279C.505, 279C.515, 279C.520, 279C.530, and
2796.270 incorporated herein by reference and made a part hereof. Without limiting
the generality of the foregoing, City 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.
23. If City enters into a construction contract for performance of work on the Project,
then City will require its contractor to provide the following:
a. Contractor shall indemnify, defend and hold harmless State from and against all
claims, suits, actions, losses, damages, liabilities, costs and expenses of any
nature whatsoever resulting from, arising out of, or relating to the activities of
Contractor or its officers, employees, subcontractors, or agents under the resulting
contract.
b. Contractor and City shall name State as a third party beneficiary of the resulting
contract.
c. Commercial General Liability. Contractor shall obtain, at Contractor's expense,
and keep in effect during the term of the resulting contract, Commercial General
Liability Insurance covering bodily injury and property damage in a form and with
coverages that are satisfactory to State. This insurance will include personal and
advertising injury liability, products and completed operations. Coverage may be
written in combination with Automobile Liability Insurance (with separate limits).
Coverage will be written on an occurrence basis. If written in conjunction with
Automobile Liability the combined single limit per occurrence will not be less than
$1,000,000 for each job site or location. Each annual aggregate limit will not be
less than $2,000,000.
d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in
effect during the term of the resulting contract, Commercial Business Automobile
Liability Insurance covering all owned, non - owned, or hired vehicles. This
coverage may be written in combination with the Commercial General Liability
Insurance (with separate limits). Combined single limit per occurrence will not be
less than $1,000,000.
e. Additional Insured. The liability insurance coverage, except Professional Liability,
Errors and Omissions, or Workers' Compensation, if included, required for
Page 11 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
performance of the resulting contract will include State and its divisions, officers
and employees as Additional Insured but only with respect to Contractor's
activities to be performed under the resulting contract. Coverage will be primary
and non - contributory with any other insurance and self- insurance.
Notice of Cancellation or Change. There shall be no cancellation, material change,
potential exhaustion of aggregate limits or non - renewal of insurance coverage(s)
without thirty (30) days written notice from Contractor's or its insurer(s) to State.
Any failure to comply with the reporting provisions of this clause will constitute a
material breach of the resulting contract and will be grounds for immediate
termination of the resulting contract and this Agreement.
24. City grants State the right to enter onto City right of way for the performance of duties
as set forth in this Agreement.
25. City shall obtain a miscellaneous permit to occupy State right of way, as required for
tree and brush removal, through the State District 3 Office prior to the commencement
of work.
26.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 budget. City further agrees that
they will only submit financial accounting statements to State on work that has been
performed and paid for by City.
27. City certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of City, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind City.
28. City's Project Manager for this Project is Dan Brown, Public Works Director, City of
Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071; phone: (503) 982-
5240; email: dan.brownno ci.woodburn.or.us 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
State shall, upon execution of this Agreement, forward to City a letter of request for an
accounting by work item for which a credit toward City's financial obligation has been
claimed. If at the time the balance payment to the State is due, and the City is still
performing work for which a credit is being claimed, an amount sufficient to cover the
estimated final costs of the claimed credit shall be negotiated with the State's Project
Manager for this Agreement. Statements of work to be credited shall be submitted
monthly and in a format approved by the State's Project Manager.
Page 12 of 32
Exhibit A
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 28835
2. Upon completion of the Project, State shall send to City a bill, if needed, for the
amount which, when added to City's advance accounting of financial credit, will equal
100 percent of the total City's financial contribution to the Project, less credited
amounts under this Agreement.
3. State shall be responsible for all costs associated with construction and installation of
the Project, except as defined in Terms of Agreement Paragraphs No. 11 and 12.
4. State shall conduct the necessary field surveys, environmental studies, traffic
investigations, preliminary engineering and design work required to produce and
provide final plans, specifications and cost estimates for the highway Project; identify
and obtain all required permits; acquire all right of way; perform all construction
engineering, including all required materials testing and quality documentation;
prepare all bid and contract documents; advertise for construction bid proposals;
award all contracts; pay all contractor costs, provide technical inspection, Project
management services and other necessary functions for sole administration of the
construction contract entered into for this Project.
5. State shall place signs that identify the Project as "Oregon Jobs and Transportation
Act". City may affix additional signage that identifies local funds used for the Project.
6. State shall provide progress information and photographs in a suitable format for
posting on the State's JTA of 2009 Program web site.
7. Upon completion of the construction of the Evergreen Road extension, and during
construction of the Project, State shall notify and keep the public informed of the
Evergreen Road detour route. State will support the efforts of City and Marion County
by supplying public communication materials and links on State's websites to the City
and Marion County websites regarding alternative routes around construction of the
Project.
8. State shall temporarily relocate and permanently re- install as part of the Project, the
blue local business signs approved and placed by the Oregon Travel Experience.
9. State shall, as part of the Project, install electric power infrastructure to enable the
City to install Electrical Vehicle (EV) charging stations in the park- and -ride lot of the
Transit Facility as identified in "Exhibit E ".
10. State will construct and maintain the required Project stormwater system constructed
within State right of way.
11.State will train City staff on operation and maintenance of the decorative Bridge
lighting.
12.State shall be responsible to inspect and maintain the load- carrying structural
elements of the Bridge. These elements will include the Bridge slab /deck, the
Page 13 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
abutments and their foundations, the Bridge rail, end panels, and the concrete
cantilever retaining walls retaining the 1 -5 embankment fill slopes, excluding all
architectural features described in City Obligations as part of the Gateway Design
Package.
13.State shall be responsible to inspect and maintain the load- carrying structural
elements and signs of the sign bridges located at each end of the Bridge and near the
intersection of OR214 and Lawson Avenue.
14.State shall be responsible for illumination, signing, inspection, turn -on and signal
timing. State shall, upon signal turn on and proper operation, perform all necessary
maintenance of said traffic signals, control the timing established for operation of the
traffic signals and pay for 100% of maintenance costs for the traffic signals, luminaires
installed by the Project at signalized intersections and signal control devices.
15.Upon completion of the Project and acceptance by State and City, State shall
relinquish to City all right of way, as approximately shown in "Exhibits B -1 and B -2 ",
for as long as such right of way shall be publicly owned and used for transportation
purposes. If said right of way is no longer used for public street purposes, it shall
automatically revert to State. State shall provide the appropriate recorded documents
to City. Such documents will contain the reversionary clause and the access control
provisions described in MC&A No. 26159.
16. State shall have the following maintenance responsibilities
a. For the first year after Project completion, Gateway Design Package including, but
not limited to, landscaping at both ends of the Bridge, inside the interchange loop
ramps, and around and within the storm water detention ponds.
b. In perpetuity, following completion of the Project, landscaping in the areas shown
as State responsibility in "Exhibit F."
c. Replenishing soil mix in the bioswales indicated in "Exhibit F.
d. Maintaining the Filterra Stormwater Bioretention Filtration SystemTA° on OR 219
and OR 214 within the Project limits, as shown in "Exhibit F ".
e. Structural damage to sign bridges and decorative screen on the Bridge and the
wall at the top of the drainage swale in the southwest quadrant of the Woodburn
Interchange.
f. Structural damage to all sound walls constructed as part of this Project.
17.State shall 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 relocation or reconstruction is made necessary by the plans of
Page 14 of 32
Exhibit A
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 28835
the Project in order to conform the utilities and other facilities with the plans and the
ultimate requirements for the portions of the Project which are on State right of way.
18. State grants authority to City to enter upon State right of way for the tree and shrub
removal and other services as part of this Project as shall be provided for in
miscellaneous permit to be issued by State District 3 Office.
19. State certifies, at the time this Agreement is executed, that sufficient funds will be
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
20. State's Project Manager for this Project is James T. Potter, ODOT, Area 3 Manager,
885 Airport Road SE, Building P, Salem, Oregon 97301 -4790; phone: (503) 986-
2764; email: iames.t.potter(o odot.state.or.us or assigned designee upon individual's
absence. State shall notify the other Party in writing of any contact information
changes during the terms of this Agreement.
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. Because of legislative or other legal action, including but not limited to initiative
petitions, there is failure to approve, reduction, elimination, or other interference
with appropriations of state expenditure limitation to the extent that legal authority
is insufficient to enable State, in its reasonable discretion, to continue making
payments under this Agreement.
d. State, the Oregon Department of Justice, or a court of competent jurisdiction
determines that state law, rules, regulation or guidelines are modified, changed,
repealed or interpreted in such a way that the activities described in this
Agreement are no longer allowable or no longer eligible for funding proposed by
this Agreement.
e. If City fails to provide payment of its share of the cost of the Project
Page 15 of 32
Exhibit A
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 28835
f. 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.
g. 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. 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 or
City with respect to which the other Party may have liability, the notified Party must
promptly notify the other Party in writing of the Third Party Claim and deliver to the
other Party 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.
5. With respect to a Third Party Claim for which 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 attorneys' fees), judgments, fines and amounts paid in settlement actually
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,
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.
6. With respect to a Third Party 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 attorneys' 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.
Page 16 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
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.
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.
8. If City fails to maintain facilities in accordance with the terms of this Agreement, State,
at its option, may maintain the facility and bill City, seek an injunction to enforce the
duties and obligations of this Agreement, or take any other action allowed by law.
9. 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.
10.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.
This Project is in the 2012 -2015 Statewide Transportation Improvement Program, Key
No.'s. 12518 and 15739 that were adopted by the Oregon Transportation Commission on
March 21, 2012 (or subsequently approved by amendment to the STIP).
Page 17 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
CITY OF WOODBURN, by and through its
designated officials
By
City Administrator
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
City Legal Counsel
Date
By
Assistant Attorney General
City Contact
Dan Brown, Director
City of Woodburn Public Works Department
270 Montgomery Street
Woodburn, OR 97071
Phone: (503) 982-5240
Email: dan brown(Dci.woodbum.or.us
State Contact
J. Tim Potter, Manager
ODOT, Area 3
885 Airport Road SE, Bldg. P
Salem, OR 97301 -4790
Phone: (503) 986-2764
Email: iames.t ootter(a)odot.state.or.us
STATE OF OREGON, by and through
its Department of Transportation
By
Highway Division Administrator
Date
APPROVAL RECOMMENDED
By
Technical Services Manager /Chief
Engineer
Date
By
State Right of Way Manager
Date
By
State Traffic Engineer
Date
By
Region 2 Manager
Date
By
Region 2 Right of Way Manager
Date
By
Area 3 Manager
Date
Page 18 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
EXHIBIT A -1
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Page 19 of 32
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Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
EXHIBIT B -1
Page 21 of 32
Evergreen Road and Access Road Right of Way
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Exhibit A
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 28835
EXHIBIT C
TREE REMOVAL AREAS
CLE
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et
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r. .� .r a. �. •,�,J t r '� �� s
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Page 23 of 32
Exhibit A
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 28835
EXHIBIT D
Noise Ordinance Waiver
COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
A RESOLUTION WAIVING APPLICATION OF ORDINANCE 2312 (THE NOISE
ORDINANCE) FOR CONSTRUCTION ACTIVITY ASSOCIATED WITH THE WOODBURN
INTERCHANGE AND TRANSIT FACILITY IMPROVEMENT PROJECT AND PROVIDING
FOR CERTAIN CONDITIONS.
WHEREAS, Ordinance 2312 ( "the Noise Ordinance ") was enacted to
protect, preserve, and promote the health, safety, and welfare of the residents
of the City of Woodburn through the reduction, control, and prevention of loud
raucous noise, or any noise which unreasonably disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity: and
WHEREAS, the Oregon Department of Transportation (ODOT) intends to
construct major improvements to the Woodburn Interchange during the period
of the summer 2013 to the end of 2015 for a sum estimated at $79 million for
enhancement of the statewide transportation system: and
WHEREAS, ODOT has submitted a letter to the City requesting that the
application of the Noise Ordinance be waived during the Woodburn
Interchange Improvement and Transit Facility Project and agreeing to certain
specified conditions; and
WHEREAS, the Woodburn Interchange Improvement and Transit Facility
Project is a major transportation infrastructure capital improvement project
involving construction activities that generate high levels of noise that will be
highly disruptive to the normal environment of residences and businesses in the
vicinity of the construction site; and
WHEREAS, compliance with the Noise Ordinance would prohibit nighttime
construction activities of the Woodburn Interchange improvement and Transit
Facility Project and adversely impact the project delivery schedule and increase
costs: and
WHEREAS, prohibition of nighttime work would contribute to higher levels
of daily traffic congestion that would pose a public safety risk with traffic
backing out onto a major interstate freeway and restricting vehicular movement
within the City and ability to provide timely emergency response; and
WHEREAS, the Woodburn City Council has the authority in these
circumstances to waive application of the Noise Ordinance and has
Page 1 - COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
Page 24 of 32
Exhibit A
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 28835
EXHIBIT D (cont'd)
determined that such action is necessary to facilitate the needed construction
activities; NOW. THEREFORE.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That conditioned upon ODOTS inclusion of project specific
noise reduction measures into the contract documents for the Woodburn
Interchange Improvement and Transit Facility Project, the City Council waives
the application of Ordinance 2312 (the Noise Ordinance) for the Woodburn
Interchange Improvement and Transit Facility Project.
Section 2. That the Woodburn Interchange Improvement Project specific
noise reduction measures shall include the following:
a. Pile driving operations that involve actual hammer driving not be
performed between the hours of 9:00 pm and 7:00 am;
b. Pile driving operations other than those involving actual hammer
driving are considered construction activity permitted by the
waiver of Ordinance 2312;
c. Contractor shall provide 14 days advance notice to the City of
scheduled nighttime construction activity. A single notification
may cover a multi-month period. Notification shall include a
description of the type of construction activity planned and the
nature of noise residences and businesses should plan to expect
during those nighttime operations;
d. Use of an "observer' or "spotter" during nighttime work in lieu of
back -up alarms will be utilized in the following areas of work on
OR 219/214:
. Willow Avenue to Woodland Avenue on OR 219
. Country Club Road /Oregon Way to Brought Way on OR
214
e. ODOT will endeavor to construct sound walls as early in the
construction schedule as possible to assist with construction noise
mitigation;
F. Post the scheduled nighffmc work and type of noise residents
should anticipate on the ODOT Project website weekly or as
modified. Also, publish the work schedule in the local
newspaper weekly. G1
Approved as to Form
City Attorney at
Page 2- COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
Page 25 of 32
Exhibit A
City of Woodburn /State of Oregon - Dept. of Transportation
Agreement No. 28835
EXHIBIT D (cont'd)
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: 1
Heather Pierson. Assistant City Recorder
City of Woodburn, Oregon
Page 3- COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
at - 10
Cl- g6 ZL'
Page 26 of 32
Exhibit A
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 28835
Exhibit E
Electric Vehicle Charging Stations
Page 27 of 32
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Page 27 of 32
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
EXHIBIT F
Exhibit A
Page 28 of 32
Landscape Maintenance Areas
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
EXHIBIT F (cont'd.)
WOODB =N
CITY OF WOODBURN
i '
beQljrOfWaodbol3L(C�obn ed L=ed
plu1ed (Poled) b inelndeenhmced
waylrondscanmg to aseste a hyagave gateway° a
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DepalnuML The Ysmtm
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level of sesvioe aad
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ifsuvace'c s w wi& the aws Founds
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ry mumd fmdme b sastam the levdafssviea
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gtomdslmd2md ema�mmeepsocidedforpnbliefadtitiet Thede£� sofibe
diffaad levels of sevice am as Mwrs.
_A a
SasAroj�Ilemt a/ailstelasace app&eJm JRgh- la.TU� eFele,'re laadsccgvt:lsmei�rd+.ifTl
brgV*vffic arban amass, such ap Ow siaares, a dk go wwwat grwwA or
colBrgeraa* rrsity coaapwec
Page 29 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
EXHIBIT G
Page 30 of 32
SIDEWALK COLORED AREAS
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
Exhibit H — Sound Walls
Note: For purposes of
maintenance by the City,
only noise wall numbers
1, 3 and 4 have colored
to
Page 31 of 32
s. Proiec! 1
Noise Wall 4
N isg� a Wan d
Tr"ad"er f
Noise Wall Location -----
° N
Figure 64
NwrenOrwAyrwd bvrb hrrea on 6'nrrn with
black &M. aM row are MkohVI9 wft acrd
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Woodburn Interchange Project
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Yaruard.�
Page 31 of 32
Exhibit A
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 28835
Exhibit I
Highway Division
DIRECTIVE
�,� s�msxssass
DES 20-01 New
vrtcmz owxE eu.E Vwsa�x
November 5, 2001 1 of 1
asemtxcE
n, -an:cr xeeeoveosscutcae
ornamental Landscaping !v robn ROUabcgec
PURPOSE:
To establish process to review and approve installation and maintenance of ornamental landscaping along state
highways.
GUIDELINES
When a local agency requests ornamental landscaping be included in a highway construction or maintenance
project, the ongoing additional cost of maintenance of the landscaped area must be home by the local agency.
Extensive ornamental landscaping will not be installed on state highways rnless the local agency agrees to
assume responsibility for the ongoing maintenance of the landscaped area. ODOT may provide finis to the local
agency in the amount estimated to maintain the area at the ordinary landscaped level, but the responsibility to
perform the maintenance will fall to the local agency-
DEFINITIONS
Ornamental Landscaping: landscaping beyond minimal, ordinary landscape necessary for the protection of the
highway and control of roadside erosion (hydroseeding of bare slopes). Wetland mitigation is not considered
ornamental landscaping for the purpose of this directive.
Extensive Ornamental Landscaping: ornamental landscaping beyond the landscape maintenance labor and
equipment resources of the department.
Local Agency: Requests ornamental landscaping on a highway project.
Project Team Leader: In consultation with the appropriate District Manager, determines if requested
landscaping is beyond ordinary landscaping. If so, negotiates the level of
ornamental landscaping and method of hiding with local agency.
Coordinates the writing of docuunents necessay to support the agreement with
the local agency.
Notifies Landscape Design to include the agreed upon landscape elements in
the project design.
Page 32 of 32