Res 1679 - ODOT Agrmt 19464
COUNCIL BILL NO. 2390
RESOLUTION NO. 1679
A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT
NUMBER 19464 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATOR 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, for the purpose of providing acceptable traffic patterns on public
highways the city and the Oregon Department of Transportation plan and propose to
build a frontage road from Woodland Avenue to Hillyer Ford in order to close the
temporary access for Hillyer Ford on Highway 214, and
WHEREAS, the State of Oregon, Department of Transportation will complete the
project as part of the Access Management Fund program, and
WHEREAS, the State of Oregon, Department of Transportation, has provided
Cooperative Improvement Agreement Number 1 9464 to build a frontage road from
Woodland Avenue to Hillyer Ford in order to close the temporary access for Hillyer
Ford on Highway 214, NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Cooperative Improvement
Agreement Number 19464, 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 to build a frontage road from Woodland Avenue to Hillyer Ford in
order to close the temporary access for Hillyer Ford on Highway 214.
Page 1
COUNCIL BILL NO. 2390
RESOLUTION NO. 1679
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 formm.~~
City Attorney
S-2/" 2002-
Date
APPROVED:
Submitted to the Mayor
May 28, 2002
May 29, 2002
May 29, 2002
Passed by the Council
Approved by the Mayor
Filed in the Office of the Recorder
May 29, 2002
ATTEST:
fV\. .-,-~
Mary~ant, Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BILL NO. 2390
RESOLUTION NO. 1679
May 13, 2002
Misc. Contracts & Agreements
Agreement No. 19464
COOPERATIVE IMPROVEMENT AGREEMENT
Woodland - Hillyer Frontage Road Project
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, hereinafter
referred to as "ODOT"; and THE CITY OF WOODBURN, acting by and through
its City Council, hereinafter referred to as "CITY".
RECITALS
1. Woodland Avenue is a part of the City street system under the
jurisdiction and control of City.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, OOOT
may enter into cooperative agreements with the counties and cities or units of
local government 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. For the purpose of providing acceptable traffic patterns on public highways,
ODOT plans and proposes to build a frontage road from Woodland Avenue
to Hillyer Ford in order to close the current temporary access for Hillyer Ford
on Highway 214, 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. This project shall be conducted as part of the Access Management Fund
(Bonding Program). The total estimated Project cost is $550,000. The
budget is as shown in Exhibit B. Bonding program funds shall be limited to
$550,000. OOOT shall be responsible for any portion of the Project that is
not covered by ODOT Access Management Funds.
3. This agreement shall become effective on the date all required signatures
are obtained and shall be completed and final billing submitted by April 30,
2003. For the purpose of ongoing maintenance responsibilities, this
agreement will remain in effect for the useful life of the facilities constructed
as part of the project.
Agreement No. 19464
City of Woodburn - ODOT
CITY OBLIGATIONS
1. City shall, upon completion of Project, accept jurisdictional control of the
newly upgraded Woodland-Hillyer Avenue frontage road. City shall be
responsible for all maintenance of the City street at its discretion, consistent
with established City maintenance standards and schedules for streets of
similar classification and use within the City's street system.
2. City hereby grants OOOT the right to enter onto and occupy City right-of-
way as necessary for the completion of the Project.
3. City agrees to provide services called for by this agreement within the time
specified herein.
4. City acknowledges and agrees that OOOT, 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 three years after completion of Project. Copies of applicable records
shall be made available upon request. Payment for costs of copies is
reimbursable by OOOT.
5. 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.
ODOT OBLIGATIONS
1. OOOT shall design the Project to City Standards using Access
Management Funds to pay for 100% of project costs. The total estimated
cost of the project is $550,000. OOOT shall be responsible for any portion
of the Project that is not covered by OOOT Access Management funds.
2. OOOT shall consult with the City in developing the Project design to the
City and receive concurrence from City regarding design to City's
standards.
2
Agreement No. 19464
City of Woodburn - ODOT
3. OOOT shall identify and obtain or issue the required permits consistent with
policy and procedures, arrange for relocation or adjustment of any
conflicting utility facilities located on OOOT or City right-of-way within the
defined project limits, obtain all required right of way, perform all preliminary
engineering and design work required to produce plans, specifications and
cost estimates for Project, advertise for bid proposals, award all contracts
and furnish all construction engineering, material testing, technical
inspection and project manager services for administration of the
construction contract entered into under this section.
4. The Project Manager for this project is Steve Littrell, Region 2 Area 3
Project Manager.
GENERAL PROVISIONS
1. OOOT and City agree that mutual review and approval of the
construction plans, as described in OOOT Obligations No.2, will be conducted
prior to advertisement for construction bid proposals.
2. This agreement may be terminated by mutual written consent of both
parties.
OOOT may terminate this agreement effective upon delivery of written notice to
City, or at such later date as may be established by OOOT, under any of the
following conditions:
a. If City fails to provide services called for by this
agreement within the time specified herein.
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 OOOT fails to correct such
failures within 10 days or such longer period as OOOT may
authorize.
c. If OOOT fails to receive funding, appropriations,
limitations or other expenditure authority at levels as identified in
the 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 OOOT is prohibited from paying
for such work from the planned funding source.
3
Agreement No. 19464
City of Woodburn - ODOT
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination.
3. If City fails to maintain facilities in accordance with the terms of this
agreement, ODOT, 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.
4. If it is further agreed both parties shall strictly follow the rules, policies
and procedures of the "Uniform Relocation Assistance and Real Property
Acquisition Policy Act of 1970" as amended. ORS 281-060, ORS 35.346, State
of Oregon Right-of-Way Manual, and FHWA Federal Aid Policy Guide.
5. 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 ODOT to enforce any provision
of this agreement shall not constitute a waiver by ODOT of that or any other
provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written.
This Project was approved by the Oregon Transportation Commission by
amendment on September 20, 2001.
The Oregon Transportation Commission on January 16, 2002, approved
Delegation Order No.2, which authorizes the Director to approve and execute
agreements for day-to-day operations when the work is related to a project
included in the Statewide Transportation Improvement Program or a line item in
the biennial budget approved by the Commission.
On January 31, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority
to the Executive Deputy Director for Highways, to approve and execute
agreements over $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program, other system plans approved
by the Commission, or in a line item in the approved biennial budget.
4
Agreement No.'19464'
City of Woodburn - ODOT
STATE OF OREGON, by and through
Its Department of Transportation
By
Executive Deputy Director
Date
APPROVAL RECOMMENDED
By
Technical Services Mgr.lChief Engineer
Date
By
Region 2 Manager
Date
By
Area 3 Manager
Date
By
District Manager
Date
By
Right of Way Manager
Date
CITY OF WOODBURN, by and through its
elected officials
By
Title
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
City Legal Counsel
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
5
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Exhibit B
Woodland-Hillyer Frontage Road
Agreement No. 19464
ODOT Fundin Source
Access Management Fund (Bonding
Pro am
Amount
$550,000.00