Res 1738 - Coop Improv #20911
COUNCIL BILL NO. 2476
RESOLUTION NO. 1738
A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT
AGREEMENT NUMBER 20911 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 (ODOT) is authorized to enter into agreements with 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 by
authority granted in ORS 190.110, 366.770 and 366.775, and
WHEREAS, OR 214 (Hillsboro Silverton Highway) is a state highway
under the jurisdiction and control of ODOT, and
WHEREAS, Evergreen Avenue is a part of the city street system under
the control of the city ,and
WHEREAS, for the purpose of providing acceptable traffic pattern on OR
214, ODOT will acquire an existing private access road adjacent to Evergreen
Avenue to function as a public access street facility, and
WHEREAS, the State of Oregon, Department of Transportation, has
provided Cooperative Improvement Agreement No. 20911 outlining terms and
conditions for the acquisition and use of the public access street facility, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Cooperative
Improvement Agreement No. 20911, 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 acquire an existing private access
road adjacent to Evergreen Avenue to function as a public access street facility.
Section 2. That the City Administrator of the City of Woodburn is
authorized to sign said agreement on behalf of the City.
Page 1 - COUNCIL BILL NO. 2476
RESOLUTION NO. 1738
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Approved as to fOrm:r'f7. ~ ~
City Attorney
10- 7- ZooS
Date
APP
Passed by the Council October 13, 2003
Submitted to the Mayor October 15, 2003
Approved by Mayor October 15, 2003
Filed in the Office of the Recorder October 15, 2003
ATTEST:
Page 2 - COUNCIL BILL NO. 2476
RESOLUTION NO. 1738
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September 12, 2003
Misc. Contracts & Agreements
No. 20911
COOPERATIVE IMPROVEMENT AGREEMENT
OR214: 1-5 - Evergreen Avenue (Woodburn) 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 tIODOT"; and THE CITY OF WOODBURN, acting by and through
its City Council, hereinafter referred to as "CITY".
RECITALS
1. OR214 (Hillsboro-Silverton Highway) is a state highway under the
jurisdiction and control of ODOT. Evergreen 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, ODOT 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 acquire an existing private access road for the
purpose and function of a public access street facility, under the ownership
and jurisdiction of ODOT, running westerly from Evergreen Avenue for
approximately 370 feet, paralleling the north side of OR214, 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. The estimated cost for this Project is $400,000. All Project costs, with the
exception of maintenance, will be paid by ODOT, in an amount not to
exceed $400,000 in Federal funds with ODOT providing the match in state
funds.
3. This agreement shall become effective on the date all required signatures
are obtained. For the purpose of ongoing maintenance responsibilities, this
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City of Woodburn - ODOT
Agreement No. 20911
Agreement will remain in effect for the useful life of the facilities acquired as
part of the Project. The Project shall be completed within two calendar years
following the date of final execution of this Agreement by both parties.
CITY OBLlGA liONS
1. City shall accept maintenance responsibilities of the access road. City shall
be responsible for all maintenance of the access road at its discretion,
consistent with established City maintenance standards and schedules for
streets of similar classification and use within the City's street system. City
acknowledges that fee ownership of the land for the proposed public
access street right-of-way shall remain with ODOT and under ODOT
jurisdiction.
2. City agrees to maintain the existing access road in an "as-is" condition,
whereby no improvements or alterations to street alignment, facility widths,
pavement and sidewalk surfaces, and drainage shall be made by ODOT.
3. 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 completion of Project. Copies of applicable records
shall be made available upon request. Payment for costs of copies is
reimbursable by ODOT.
4. 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 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.
0001 OBLlGA liONS
1. ODOT shall purchase land within the operating functioning limits of the
existing private access road using Federal funds with ODOT providing the
match. Said purchase shall not exceed $400,000.
2. ODOT will not make any improvements or alterations to the proposed
access street. No present or future improvements, alterations or
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City of Woodburn - ODOT
Agreement No. 20911
maintenance to street alignment, facility widths, pavement and sidewalk
surfaces, and drainage shall be made by OOOT.
3. OOOT hereby grants City the right to enter onto and occupy OOOT right-of-
way as necessary for the maintenance of the road acquired pursuant to the
Project.
GENERAL PROVISIONS
1. 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 ca\1ed 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 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. If City fails to maintain facilities in accordance with the terms of this
Agreement, OOOT, 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.
3. 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.
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City of Woodburn - ODOT
Agreement No. 20911
4. 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 as part of
the 2002-2005 STIP on February 13, 2002, Key number 12519, Page 89.
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. 20911
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, to approve
and execute agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, or in a line item
in the approved biennial budget.
STATE OF OREGON, by and through
Its Department of Transportation
By
Deputy Director, Highway Division
Date
APPROVAL RECOMMENDED
CITY OF WOODBURN, by and through its
elected officials
B~L~~
Tme City Administrator
By
Title
By Date /0 -I '),- - o~
Technical Services Mgrl Chief Engineer
Date
By
Region 2 Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
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APPROVED AS TO LEGAL
SUFFICIENCY
Byrvl,71-~
City Legal Counsel
Date / 0 - 7 - '2 0 0 J
Randy Rohman
Public Works Program Manager
City of Woodburn
190 Garfield Street
Woodburn OR 97071
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