Res 1735 - Agr. I-5 Interchange
COUNCIL BILL NO. 2473
RESOLUTION NO. 1735
A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NO.
21002 WITH THE STATE OF OREGON FOR A PROTECTIVE PROPERTY PURCHASE
ASSOCIATED WITH CONSTRUCTING IMPROVEMENTS TO THE WOODBURNjl-5
INTERCHANGE AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, ORS 190.110 AND 283.110 grant the state of Oregon,
Department of Transportation (ODOT) authority to enter into cooperative
agreements with local governments and other state agencies for the
performance of any or all functions that either party has the authority to
perform; and
WHEREAS, as part of the Woodburn/ 1-5 interchange improvement project
ODOT has authority, and will be required, to acquire private property for right-of-
way and upon which improvements will be constructed; and
WHEREAS, due to project timing, a currently undeveloped property
located in the southeast quadrant adjacent to the interchange may be
developed before ODOT's can access State funds to acquire said property,
which is expected to greatly increase the cost of acquiring the property; and
WHEREAS, the City of Woodburn has designated funds to support its share
of the cost of the interchange improvement project, and is willing to dedicate a
portion of those funds to acquiring the subject property with ODOT's assistance
prior to construction taking place on the property; and
WHEREAS, it is in the best interest of the taxpayers of the State of Oregon
and the City of Woodburn to protect the corridor for the development of the
interchange and to purchase the property in its undeveloped state; and
WHEREAS, the State of Oregon, Department of Transportation, has
developed a cooperative improvement agreement that is required to outline
responsibilities for completion of a protective purchase of the property for the
interchange project. NOW, THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Cooperative
Improvement Agreement No. 21002, which is affixed as Attachment "AI! and by
this reference incorporated herein, with the State of Oregon acting by and
Page 1 - Council Bill Number 2473
Resolution Number 1735
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through its Department of Transportation to provide for a protective property
purchase associated with constructing improvements to the Woodburn/i-5
interchange
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:C)] .~kl tt \1 1..() () 3
City Attorney
Approv
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
September 24, 2003
September 24, 2003
September 24, 2003
ATTEST: 11~~
Mary ~ant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill Number 2473
Resolution Number 1735
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September 10, 2003
Misc. Contracts & Agreements
No. 21002
INTERGOVERNMENTAL AGREEMENT
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 "ODOT"; and the CITY OF WOODBURN, acting by and through its designated
officials, hereinafter referred to as "CITY".
RECITALS
1. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies 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. An application to develop the 2.95 acre Zimmel property (T5S, R2W, Section 2C,
Tax Lot 605) hereinafter referred to as "Property", with commercial businesses, a
restaurant and several small shopping buildings has been submitted to City for
approval.
3. ODOT and City agree that, in an effort to protect the corridor for development of the
Woodburn Interchange (Interchange), it is in the best interest of the taxpayers of the
City of Woodburn and the State of Oregon to purchase the Property, specifically the
Property near the Northbound on/off ramp in the southeast quadrant adjacent to the
Interchange, for the future reconstruction of the Interchange.
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 conserving ODOT and City transportation improvement funds
ODOT and City plan and propose to work in cooperation to protectively purchase the
Property
2. Under such authority, City wishes to retain the services of ODOT to acquire fee
ownership of the Property in City's name shown on Exhibit "A", attached hereto and
by this reference made a part hereof. All costs associated with the acquisition of this
property shall be that of the City. Payment for said services shall not exceed a
maximum amount of $50,000 in City funds. In addition to these costs, the City will
pay the fair market value of the Property acquired based upon an appraisal. The
purchase price will be agreed upon by both the City and State.
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City of WoodbumjODOT
Agreement No. 21002
3. The work shall begin on the date all required signatures are obtained and shall be
completed no later than June 30, 2005, on which date this Agreement automatically
terminates unless extended by a fully executed amendment.
4. It is understood by both parties that if any remainder portions of property exist due
to property acquisition for this project and these properties are under ODOT or City
ownership, ODOT and the City may agree to assemble these remainder portions of
properties for marketing or management purposes, subject to specific statutory
requirements regarding the disposal of real property, for the benefit of the taxpayers
of the City of Woodburn and the State of Oregon.
CITY OBLIGATIONS
1. City shall, upon receipt of written request from ODOT, forward to ODOT a lump sum
payment for the purchase of Property on City's behalf as stated in ODOT Obligation
No.1. City shall make available to ODOT such funds as are needed to purchase
the Property, These funds shall be sufficient to cover the actual costs of acquiring
Property, including any administrative costs.
2. City shall, at its own expense, retain ownership and be responsible for maintenance
of Property.
3. City agrees that once the Interchange project design is approved City will donate
that part of the property needed for the completion of the Interchange project. ODOT
will calculate the value of City's property donation on a prorated basis that divides
the purchase price of the property by the amount of the property donated. ODOT
shall credit the value of the Property donated by the City as part of the City's
matching contribution towards the project at such time as funding obligations for the
Interchange are determined and agreed to by ODOT and City.
4. 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
the limitation of City's current budget.
5. City agrees to 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 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.
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City of WoodbumjODOT
Agreement No. 21002
6. All 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. City shall ensure that each of its subcontractors complies with
these requirements.
OOOT OBLIGATIONS
1. ODOT shall, upon execution of this Agreement, enter into a Right of Way Services
Agreement with City enabling OOOT to purchase the Property on behalf of City,
using City funds. The Right of Way Services Agreement will specify that OOOT's
purchase of the Property on behalf of the City could involve the use of all legal
means available to OOOT and the City to acquire property for a public purpose.
2. OOOT shall, upon execution of this Agreement, forward to City a letter of request for
an advance deposit in the amount of $50,000. Said deposit shall cover the costs
associated with acquiring Property. In the unlikely event OOOT abandons the
acquisition of the Property, OOOT's costs will be deducted from the amount
advanced by City to OOOT, and the remainder returned to City. In such event, any
monies expended by City for OOOT services shall be considered a portion of the
City's total contribution toward reconstruction of the Woodburn Interchange.
3. OOOT 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
Federal Highway Administration Federal Aid Policy Guide
4. OOOT shall calculate the value of the City's property donation on a prorated basis
that divides the purchase price of the property by the amount of the property
donated based upon the approved Interchange design. OOOT agrees that this
donation shall be included as part of City's contribution towards the reconstruction of
the Woodburn Interchange.
5. OOOT's Project manager for this Agreement is Terry Cole, Region 2 Planner, 455
Airport Road, Salem, Oregon 97301, (503) 986-2674.
GENERAL PROVISIONS
1. This Agreement may be terminated by either party upon 30 days' notice, in writing
and delivered by certified mail or in person.
OOOT may terminate this Agreement effective upon delivery of written notice to City 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 or any extension thereof.
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City of W oodburn/ ODOT
Agreement No. 21002
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 ODOT fails to correct such failures
within 10 days or such longer period as ODOT may authorize.
c. If ODOT fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided 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 ODOT is
prohibited from paying for such work from the planned funding source.
Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
2. City acknowledges and agrees that ODOT, 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 final payment.
Copies of applicable records shall be made available upon request. Payment for
costs of copies is reimbursable by ODOT.
3. 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.
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 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.
Signature Page to Follow
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City of Woodburn/ODOT
Agreement No. 21002
On September 6, 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, Executive Deputy Director for Central
Services, Deputy Director for OTIA, and the Chief of Staff 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 such as the Traffic Safety Performance Plan, or in a line item in the
approved biennial budget.
CITY OF WOODBURN, by its City
Administrator
STATE OF OREGON, by and through
its Department of Transportation
By
City Administrator
By
Deputy Director, Highway
Date
Date
APPROVED AS TO FORM
APPROVAL RECOMMENDED
By
City Legal Counsel
By
Technical Services Manager/Chief
Engineer
Date
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Right of Way Manager
By
Assistant Attorney General
Date
Date:
By
Region 2 Manager
Date
By
District Manager
Agency Contact:
City of Woodburn
Date
Woodburn OR
5
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City of W oodburn/ ODOT
Agreement No. 21002
EXHIBIT A
Approximate Property
Location
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