Res 1645 - ODOT Bikeway
COUNCIL BILL NO. 2336
RESOLUTION NO. 1645
A RESOLUTION ENTERING INTO WALKWA Y/BIKEWAY PROJECT AGREEMENT NO.
19084 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through its Department of Transportation
is authorized to enter into cooperative agreements with cities for the performance of work
on certain types of improvement projects with the allocation of costs on terms and
conditions agreeable to contracting parties pursuant to ORS 190.110, 366.770 and
366.775, and
WHEREAS, the State of Oregon is authorized to enter into cooperative agreements
with cities for the establishment of footpaths and bicycle trails pursuant to ORS 366.514,
and
WHEREAS, the City of Woodburn has applied for state funds to assist with the
project for installing sidewalks in the public right-of-way of State Highway 214, and
WHEREAS, the State of Oregon, Department of Transportation, has determined
that the city's project is eligible for the grant of funds, and
WHEREAS, the State of Oregon, Department of Transportation, has approved the
grant of $200,000 in state funds, NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Walkway/Bicycle Project
Agreement No. 19084, 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 grant $200,000 in state funds to assist with the project for installing
sidewalks in the public right-of-way of State Highway 214
Page 1
COUNCIL BILL NO. 2336
RESOLUTION NO. 1645
Of'
Section 2. That the Mayor and City Recorder of the City of Woodburn are
authorized to sign said agreement on behalf of the City.
Approved
as to
form'22_ryr ~____ '5 ~€~~f)O I
City Attorney
Date
APPROVED:
Richard Jenning
.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
August 13, 2001
August 14, 2001
August 14, 2001
August 14, 2001
ATTEST:
IJ ---C~
ary ~ant, Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BILL NO. 2336
RESOLUTION NO. 1645
ATTACHMENT A
Page -L- of H
6/15/2001
Misc. Contracts & Agreements
No. 19,084
WALKWAY/BIKEWAY PROJECT AGREEMENT
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 Elected Officials, hereinafter
referred to as "City."
RECITALS
1. Oregon Highway 140, also known as Oregon Route 214, is a part of the state
highway system under the jurisdiction and control of the Oregon Transportation
Commission.
2. By the authority granted in ORS 366.514, funds received from the State Highway
Trust Fund are to be expended by the State and the various counties and cities for the
establishment of footpaths and bicycle trails. For purposes of Article IX, Section 3a, of
the Oregon Constitution, the establishment and maintenance of such footpaths and
bicycle trails are for highway, road, and street purposes when constructed within the
right of way.
3. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into
cooperative agreements with counties and cities for the performance of work on
certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and City plan and propose to design and construct
Sidewalks on the Hillsboro Silverton Highway No. 140, 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.
2. City has determined that the actual total cost of the project is estimated to be
$414,200. State shall fund the project in an amount not to exceed $200,000. City will
provide a match in the amount of $214,200. City shall be responsible for any portion
Bikeway/Walkway Project Agreement
06/15/01
ATTACHMENT~
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of the project which is not covered by State funding. In the event that the total project
cost is actually less than the original estimate, the State funds shall be limited to a
proportionate share of the original estimated amount, based on a percentage
calculated using state share and local match.
3. The work is to begin upon execution of the agreement by all parties and be completed
no later than June 30, 2003. Maintenance responsibilities shall survive any termination
of this agreement.
CITY OBLIGATIONS
1. City shall perform the work described in this agreement.
2. City shall conduct the necessary field surveys, prepare plans and contract documents;
advertise for bid proposals, award all contracts, and supervise construction of the
project. Actual construction of the project may be accomplished by City forces, by
contract, or by any combination of these methods, as City shall elect.
3. City shall obtain a "Miscellaneous Permit to Perform Operations Upon a State
Highway through the State's ODOT District 3 Office prior to the commencement of
construction.
4. City shall submit a copy of the plans and specifications to State through the State's
ODOT District 3 Office and the State's Bicycle and Pedestrian Program Manager for
review and concurrence prior to advertising for a construction contract or prior to
construction, if City forces will perform the construction work. Concurrence must be
received from both State offices prior to proceeding with the project. The project
design, signing, and marking shall be in conformance with the current Oregon Bicycle
and Pedestrian Plan.
5. City shall not award a construction contract until State's ODOT District 3
representative has reviewed and approved the low bidder's proposal and costs.
6. City shall, upon completion of project, submit to Region an itemized statement of the
final actual total cost of the project.
7. City represents that this agreement is signed by personnel duly authorized to do so by
the City Council.
8. City shall not enter into any subcontracts for any of the work scheduled under this
agreement without obtaining prior written approval.
Bikeway/Walkway Project Agreement
06115/01
.TTAe~~ENT A-
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9. 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 279.312,279.314,279.316,279.320, and 279.555,
which hereby are incorporated by reference. Without limiting the generality of the
foregoing, City expressly agrees to comply with: (i) Title VI of Civil Rights Act of
1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative
rules established pursuant to the foregoing laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
10. City, or its contractor, shall obtain and keep in effect during the term of this
agreement, Comprehensive or Commercial General Liability Insurance covering
bodily injury and property damage. This insurance shall include personal injury
coverage, contractual liability coverage for the indemnity provided under this
agreement, and products/completed operations liability. Combined single limit per
occurrence shall not be less than $1,000,000, or the equivalent. Each annual
aggregate limit shall not be less than $2,000,000, when applicable.
The liability coverage required for performance of the agreement shall include the
State of Oregon, Oregon Transportation Commission and its members, Department
of Transportation and their officers and employees, as Additional Insureds but only
with respect to City's, or its contractor's, activities to be performed under this
agreement.
Before this agreement is executed, City, or its contractor, shall furnish to State's
ODOT District 3 office a Certificate of Insurance for the limits set out above, which is
to be in force and applicable to the project.
The insurance coverage shall not be amended, altered, modified, or canceled
insofar as the coverage contemplated herein is concerned without at least thirty
days prior written notice to State.
11. City, its Contractors, and their Subcontractors shall indemnify, defend, save, and
hold harmless the State of Oregon, the Oregon Transportation Commission and its
members, the Oregon Department of Transportation, their officers, agents, and
employees from and against any and all claims, suits, actions, losses, damages,
costs, expenses, and liabilities of any nature whatsoever resulting from, arising out
of, or relating to the activities of City or its officers, employees, subcontractors, or
agents under this agreement.
12. City shall be responsible for all costs not covered by State funding. State funding is
limited to $200,000.
ATTAC1ENTc A
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Bikeway/Walkway Project Agreement
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13. City shall be responsible for all costs and expenses related to its employment ~f
individuals to perform the work under this agreement, including but not limited t<(>,
retirement system contributions, workers compensation, unemployment taxes, a d
state and federal with holdings.
14. City shall, upon completion of project, maintain the project at its own cost a d
expense, and in a manner satisfactory to State.
STATE OBLIGATIONS
1. State grants authority to City to enter upon State right-of-way for the construction 0
this project as provided for in Miscellaneous Permit to be issued by State's ODOT
District 3 Office.
2. State's local District Office and Bicycle and Pedestrian Program shall review and mu t
concur in the plans prepared by City before the project is advertised for a constructi n
contract or before construction begins if City forces shall perform the work. State s
Bicycle and Pedestrian Program office shall process all billings submitted by City.
3. Upon receipt of notification that the City is prepared to proceed with the developme t
of project, State shall deposit with City the sum of $100,000, such amount being equ I
to 50 percent of the State's share of the estimated project costs. Upon completion f
project, inspection and approval by State staff, and receipt from City of an itemiz
statement of the actual total cost of the project, State shall deposit with City a fin I
payment, the sum of $100,000, such amount being equal to 50 percent of the State s
share of the estimated project costs. When added to the initial deposit, the fin I
deposit will equal the State's share of the originally estimated costs ($414,200.
Should final project costs exceed the original estimate, extra costs shall be borne ~y
City; the maximum amount of State reimbursement is $200,000. If final project cos1s
are less than original estimate, State shall deposit with City a final payment in ~n
amount which, when added to the initial deposit, would equal the State's proportiona~e
share of the originally estimated costs, based on a percentage calculated using sta~e
share and local match. .
4. In the event this agreement is terminated for any reason, City shall provide ain
itemized statement of the costs and expenses prior to date of termination. State sh~1I
reimburse City for its proportional share of these expenses. If any funds are remaini~g
from the advance deposit, they shall be refunded to State. .
Bikeway/Walkway Project Agreement
06/15/01
ATTACH.\'ENT 4
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5. 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 current biennial budget.
GENERAL PROVISIONS
1. City, its contractor, its subcontractors, if any, and all employers working under this
Agreement are subject employers under the Oregon Workers' Compensation Law and
shall comply with ORS 656.017, which requires them to provide workers'
compensation coverage for all their subject workers.
2. This agreement may be terminated by mutual consent of both 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 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 10 days or such longer period as State may authorize.
c. If State fails to receive funding, appropriations, limitations, or other expenditure
authority at levels sufficient to pay for the work provided in this agreement.
d. If federal or state laws, regulations, or guidelines are modified or interpreted in
such a way that either the work under this agreement is prohibited or if State is
prohibited from paying for such work from the planned funding sources.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
4. If City fails to maintain the facility 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.
5. 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
ATTAO~~ENT A__
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Bikeway/Walkway Project Agreement
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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 three years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
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 State 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
a party to enforce any provision of this agreement shall not constitute a waiver by a
party of that or any other provision.
ATTACHMENT -4---:
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Bikeway/Walkway Project Agreement
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this project on February 1, 2000 as
part of the Fiscal Year 2002-2003 Local Assistance Bicycle and Pedestrian Program.
The funds are included in the Statewide Programs Section of the 2000-2003 Statewide
Transportation Improvement Program (STIP).
The Oregon Transportation Commission on March 18, 1999, approved Subdelegation
Order 2, in which the Director grants authority to the Executive Deputy Director/Chief
Engineer to approve and execute agreements over $75,000 when the work is related to a
project included in the STIP.
STATE OF OREGON, by and through
its Department of Transportation
CITY OF WOODBURN, by and through its
elected officials
By
Exec. Deputy Director/Chief Engineer
By
Title
Date
By
APPROVAL RECOMMENDED
Title
By
Date
Date
Istrict 3 Manager
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APPROVED AS TO LEGAL
SUFFICIENCY
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City Legal Counsel
Date~- \~rtoo \
Date
APPi?20 ED AS TO LEGAL
SUFF. NCY, ,,/
By 1( ~ ~ ".
AssistantrAttorney General
Date: iLl U(c:J/
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