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Res 1224 - Agmt #12399 I-5/214 ,."., COUNCil Bill NO. 1530 RESOLUTION NO. 1224 A RESOLUTION ENTERING INTO INTERGOVERNMENTAL AGREEMENT #12.399 TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH PROFESSIONAL SERVICES TO CONDUCT FURTHER ANALYSIS OF THE HIGHWAY 214/1-5 INTERCHANGE AREA AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS. . ORS Chapter 190 and 366 authorizes cooperative agreements between the state and a city for performance of projects. and WHEREAS. . The Woodburn City Council approved resolution number 1212 on January 24. 1994 entering into a professional services contract for $10.000 with a consultant. Kittelson & Associates. Inc.. to perform the tasks listed in Exhibit A of agreement #12.399. and WHEREAS. , It is in the best interests of the city to enter into an agreement to fully recover, up to a maximum of $10.000. the costs of the professional services contract with Kittelson & Associates Inc.. NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into intergovernmental agreement #12.399 which is attached as Exhibit "A" and by this reference incorporated herein with the State of Oregon to recover costs associated with analysis of the Hwy 214/1-5 interchange area by Kittelson & Associates. Inc. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to form:rn.r+ ~~ City Attorney APPROVED: :?) 10 je, if DatfJ I (~~~~ le Kelley, Mayo Passed by the Council March 14, 1994 March 15, 1994 March 16, 1994 March 16, 1994 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: 1~Z:~r City of Woodburn. Oregon Page 1 - COUNCIL BILL NO. 1530 RESOLUTION NO. 1224 .~'~-, -..-..,--.... ...--.....< ~,~--"". .------._"...._,.~._-~- '1' INTERGOVERNMENTAL AGREEMENT #12,399 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. By the authority granted in ORS 190.110, 366.770 and 366.775, state agencies may enter into agreements with other units of local government 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. Under such authority, State and City desire to enter into this agreement to perform professional transportation engineering services in connection with the analysis of traffic operations and refinement of future travel demand forecasts associated with the Highway 214/1-5 Interchange in Woodburn, Oregon. The project will include the tasks detailed on Exhibit A, attached hereto and by this reference made a part hereof. 3. The terms of this agreement shall be in effect from the date of final execution by both parties, for a period of ten weeks. This agreement may be amended and/or extended at that time by mutual consent of both parties in the form of a written modification signed by all 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: STATE OBLIGATIONS 1. Upon receipt of certified billing by City, State shall, through the Region 2 Office, pay City for 100% of costs incurred in the performance of the work described herein. Said payment shall in no case exceed $10,000. 2. State's liaison person for this agreement is the Region 2 Planner. 1 EXHIBIT A '~ _.. ..... ---....----~..~,-" . .4'."____..__'_M_.______...~._~-.-----..--~-"'"-,..~...-.".....------"--..._.,_... -----"..-...-., I '......" CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT #12,399 3. State hereby grants City or its Consultant the authority to enter onto State right-of- way for the purpose of performing the obligations stated herein. 4. 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. CITY OBLIGATIONS 1. City or its consultant shall perform the tasks listed on Exhibit A attached, within the time frame allotted for this project. 2. City shall present properly certified bills for 100 percent of actual costs incurred on behalf of this project directly to State's liaison person for review and approval. Such bills shall be in a form acceptable to State and documented in such a manner as to be easily verified. Billing shall be presented on a final payment basis only, based on actual expenses to date. Said project cost will, in no case, exceed $10,000. 3. Cost records and accounts pertaining to the work covered by this agreement shall be kept available for inspection by State for a period of three years following date of final payment. Copies of such records shall be made available upon request. 4. City shall be responsible for all costs related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers compensation, unemployment taxes, and State and federal income tax withholdings. 5. City shall not enter into any subcontracts for any of the work scheduled under this agreement without obtaining prior written approval from ODOT. 6. City shall not be compensated for work performed under this agreement from any other agency of the State of Oregon or the federal government. 7. City agrees to comply with all federal, state, and local laws and ordinances applicable to the work under this contract, and that the provisions of ORS 279.312, 279.314,279.320, and 279.555 shall apply to and govern the performance of this contract. 2 "1'""- --.---".-.--.' ..-.. ---.., .'), CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT #12,399 8. City agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. City also shall comply with the Americans with Disabilities Act of 1990 (Pub L No.1 01-366) including Title II of that Act, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 9. City shall enter into and execute this agreement during a duly authorized session of its City Council. GENERAL PROVISIONS 1. The City, 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. The parties hereto agree that if any term or provision of this agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. 3. This agreement may be terminated by mutual consent of both parties, or by either party upon 30 days' written notice, delivered by certified mail or in person. ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT, under any of the following conditions, but not limited to these conditions: If City fails to provide services called for by this agreement within the time specified herein or any extension thereof. If City fails to perform any of the other provisions of the 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. 3 .. .. ~._._--._...........-- ...,-.... -."'..-------....... - CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT #12,399 4. 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 cost of copies is reimbursable by ODOT. 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, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been delegated to the Region Manager, pursuant to Subdelegation Order HWY -6, paragraph 6. By STATE OF OREGON, by and through its Department of Transportation B~r-~;fI&. RegiOfl Manager r Date J- ~ J '3_1/..( CITY OF WOODBURN, by and through its Elected Officials By Mayor City Recorder Date APPROVED AS TO LEGAL SUFFICIENCY By Asst. Attorney General Date 4 ___......n.. ~.~"~_L~~~~.",~"...__..,_____.._,._.,"-~+_.__~__---...~_ - CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT #12,399 EXHIBIT A SCOPE OF SERVICES TO BE PERFORMED BY CITY OR ITS CONSULTANT Provide professional transportation engineering services in connection with the analysis of traffic operations and refinement of future travel demand forecasts associated with the Highway 214/1-5 Interchange in Woodburn, Oregon. The project will include the following tasks: 1. Conduct analysis of future weave and merge traffic operations on Highway 214 between the 1-5 Northbound Ramp Termini and Evergreen Road for each of the following alternatives: . Partial Cloverleaf - addition of loop ramps to upgrade diamond interchange . Split Diamond Interchange . Upgraded Diamond Interchange (with median barrier along Highway 214) . Single PointUrban Interchange (with median barrier along Highway 214) This task will analyze the weave and merge traffic characteristics between the metered flow of eastbound traffic on Highway 214 through the 1-5 Northbound Ramp Termini signalized intersection, and the free-flow traffic (assumed as random arrival) from the Northbound 1-5 Ramp Termini free-flow right turn lane. Future traffic volumes used in this analysis will be based on updated trip generation estimates in the study area calculated in Task #3 below. 2. Conduct comparative analysis of future traffic progression along Highway 214 (using Passer-II) between Woodland Avenue and Oregon Way. Specific issues to be assessed and summarized in this work task include: . Calculation of maximum queues on Highway 214 between the 1-5 ramp termini and adjacent streets; . analysis of average vehicle delay on Highway 214 and the major side streets; . analysis on intersection clearance (especially on the 1-5 ramps and on Highway 214 between the 1-5 termini). Analysis of traffic progression will investigate future traffic volumes (see Task #3 below) for the three alternatives listed in Task #1 above. 5 -~. .~._. ....--' -_.~,,-,"-,-~--~ <-,_._---+----- --,,,-,,-,"'---'"--"'-'~---- I' ,..... CITY OF WOODBURN INTERGOVERNMENTAL AGREEMENT #12,399 EXHIBIT A SCOPE OF SERVICES, continued 3. Identify future daily trip generation rate for the S. E. quadrant area of the Highway 214/1-5 Interchange and refine future travel forecast model (QRS-II) to reflect updated trip gen~ration assumptions. Update future (2011) peak hour volume estimates based on refined model results. This task includes coordination with State staff concerning trip generation and model development assumptions. 4. Prepare for and attend one meeting with the City and State to discuss study findings. 6 ....-~. . ---....----~'--_....,....----._~"