Res 1783 - Walk/Bikeway Proj.
COUNCil Bill NO. 2556
RESOLUTION NO. 1783
A RESOLUTION ENTERING INTO WAlKWA Y/BIKEWA Y PROJECT AGREEMENT NO.
22253 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
performing work on certain types of improvement projects pursuant to ORS 190.110,
366.572 and 366.576, and
WHEREAS, the City of Woodburn has applied for Walkway/Bikeway grant funding
to design and construct sidewalks on OR 214 from Milepost 38.40 to Milepost 38.54,
sidewalks on the Front Street ramp from OR 214 to Front Street and a pedestrian crossing
island at the intersection of the OR214/Front Street ramp, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of Walkway/Bikeway grant funding , to
coordinate grant applications and to administer the disbursement, by authority granted in
ORS 366.514, of funds received from the State Highway Trust Fund for establishment of
footpaths, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$480,500 in walkway/bikeway grant funding for the City of Woodburn to be used to design
and construct sidewalks on OR 214 from Milepost 38.40 to Milepost 38.54, sidewalks on
the Front Street ramp from OR 214 to Front Street and a pedestrian crossing island at the
intersection of the OR214/Front Street ramp, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Walkway/Bikeway Grant
Agreement No. 22253, which is affixed as Attachment "A" and by this reference
incorporated herein, with the State of Oregon acting by and through the Oregon
Department of Transportation. Pursuant to the agreement, the City will design and
Page 1-
COUNCIL BILL NO. 2556
RESOLUTION NO. 1783
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construct sidewalks on OR 214 from Milepost 38.40 to Milepost 38.54, sidewalks on the
Front Street ramp from OR 214 to Front Street and a pedestrian crossing island at the
intersection of the OR214/Front Street ramp.
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: ?7.n- ~
City Attorney
j-/9-200S-
Date
Filed in the Office of the Recorder
February 14, 2005
February 16, 2005
February 16, 2005
February 16. 2005
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
ATTEST:
;7~ ~-
Mary ~f, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2556
RESOLUTION NO. 1783
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Theodore R. Ku\oogoski, Governor
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ATTACj~ENT-.t-
Page 01.....-.-1.---
Department of Tran~portation
Bicycle and PedestrUin Program
Roadway Engineeririg Section
355 Capitol St NE, Rm. 222
Salem, OR, 97301
Telephone (503) 986-3555
FAX (503) 986-3749
michae!. p.ronkin@odot.state.or.us
December 29, 2004
David Torgeson
Assistant City Engineer
190 Garfield Street
Woodbum~ OR 97071
Subject: Pedestrian project grant agreement #22253
Project:
Street:
Cost:
State share:
Your share:
SidewalkslPedestrian Crossing Island
Hwy 214
$505,550
$480,500
$25,000
Enclosed are four copies of the agreement for this project. Please note the following:
. The fIrst half of the grant ($240,250) will be available July 1,2005; you must submit a
written request for the fIrst half.
. A set of plans must be submitted to the Bicycle and Pedestrian Program Office for approval
before 8.Q.y construction work begins (and local ODOT office for projects on state highways).
The standards of the Oregon Bicycle and Pedestrian Plan should be met.
. Construction should begin by July I, 2006 and should be completed by October 31, 2008;
however, we encourage you to complete the project by June 30, 2007 to stay within the
awarded biennium. Additionally, this project must be complete before you may apply for
subsequent grants.
. Final payment will be released upon completion of the project and inspection by the Bicycle
and Pedestrian Program office or an ODOT representative.
Please obtain signatures on all four copies and return them to our office at your earliest
convenience, but no later than February 18, 2005 . Failure to execute the agreement by this date
may result in loss o/state/unding/or this project.
Please call me if you have any ques!ions.
Sincerely,
~- il--
Michael Ronkin
Bicycle and Pedestrian Program Manager
HI'
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ATTACI1MENT ~iSC. Contra~ts and 'Agreements
Page 2:::~';.h of G1 No.22253 '
WALKWA Y/BIKEWAY PROJECT AGREEMENT
0R214 Sidewalks and Pedestrian Crossing Island
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 "Agency."
RECITALS
1. Hillsboro-Silverton Highway (OR214), is a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission. Front Street
ramp is a part of the city street system under the jurisdiction and control of city.
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 3(a),
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, 366.572 and 366.576, State may enter into
cooperative agreements with counties, cities and units of local governments 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 Agency agree to design and construct sidewalks on
OR 214 from Milepost 38.40 to Milepost 38.54 and on Front Street ramp from OR 214
to Front Street, and a pedestrian crossing island at the intersection of OR 214/Front
Street ramp, hereinafter referred to as "Project." The location of the Project is
approximately as shown onJthe sketch map attached hereto, marked "Exhibit A," and
by this reference made a part hereof.
2. Agency has determined that the actual total cost of the Project is estimated to be
$505,550. State shall fund the Project in an amount not to exceed $480,500.
Agency shall provide a match in the amount of $25,000 and shall be responsible for
any portion of the Project which is not covered by State funding.
f!!"
ATTACHMENT~
City of Woodburn/ODOT Page ~,- of
Agreement No. 22253
3. The term of this Agreement shall begin on the date all required signatures are
obtained. Construction shall be completed no later than October 31, 2008.
Agreement shall terminate upon completion of construction and final payment, or
five calendar years, whichever is sooner, unless extended by a fully executed
amendment. Maintenance responsibilities shall survive any termination of this
Agreement.
AGENCY OBLIGATIONS
1. Agency shall conduct the necessary field surveys, prepare plans and contract
documents; advertise for bid proposals, award all contracts, and supervise
construction of the Project.
2. Agency shall obtain a miscellaneous permit to occupy State right-of-way through the
State District 3 Office prior to the commencement of construction.
3. Agency shall submit a copy of the plans and specifications to State through the State
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 Agency 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.
4. Agency shall not award a construction contract until State's District 3 representative
has reviewed and approved the low bidder's proposal and costs.
5. Agency shall, upon completion of Project, submit to State Bicycle and Pedestrian
Program Manager an itemized statement of the final actual total cost of the Project.
6. Agency represents that this Agreement is signed by personnel duly authorized to do
so by the City Council.
7. Agency shall not enter into any subcontracts for any of the work scheduled under this
Agreement without obtaining prior written approval.
8. Agency 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, Agency expressly agrees to comply with (i) Title VI of
Civil Riqhts Act of 1964; (ii) Title V and Section 504 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 Woodburn/ODOT
Agreement No. 22253 ~~:1r~E~4-
9. Agency shall require its contractor to indemnify State and name State as a third
party beneficiary of the resulting contract and shall carry at a minimum personal
injury and property damage insurance with a single limit of $1,000,000 for all claims
arising out of a single accident or occurrence. Agency shall also inure that the
contractor also provide an additional $1,000,000 excess insurance coverage over
the basic $1,000,000 coverage. Each annual aggregate limit shall not be less than
$2,000,000 when applicable. The contr~ctor shall include Agency and State as
named insured on policies issued for this Project, or shall furnish an additional
insured endorsement naming the same as additional insured to the contractor's
existing public liability and property damage insurance. The certificate of insurance
shall include the State of Oregon, Transportation Commission and its members,
Department of Transportation, officers and employees as additional insured.
Agency shall provide a copy of the certificate to State prior to construction of the
Project. The insurance coverage shall not be amended, altered, modified or
cancelled insofar as the coverage contemplated herein is concerned without at least
30 days prior written notice.
10.Agency 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 Agency or its
officers, employees, subcontractors, or agents under this Agreement.
11. Notwithstanding the foregoing defense obligations under paragraph 10 above,
neither party nor any attorney engaged by either party shall defend any claim in the
name of the other party or any agency/department/division of such other party, nor
purport to act as legal representative of the other party or any of its
agencies/departments/divisions, without the prior written consent of the legal
counsel of such other party. Each party may, at anytime at its election assume its
own defense and settlement in the event that it determines that the other party is
prohibited from defending it, or that other party is not adequately defending it's
interests, or that an important governmental principle is at issue or that it is in the
best interests of the party to do so. Each party reserves all rights to pursue any
claims it may have against the other if it elects to assume its own defense.
12. Agency shall be responsible for all costs not covered by State funding. State funding
is limited to $480,500.
13. Agency shall be responsible for all costs and expenses related to its employment of
individuals to perform the work under this Agreement, including but not limited to,
retirement system contributions, workers compensation, unemployment taxes, and
state and federal withholdings.
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City of Woodburn/ODOT A
Agreement No. 22253 ~~:~~E~r=~
14.AII employers, including Agency, 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. Agency shall ensure that each of its subcontractors complies
with these requirements.
15. Agency shall, upon completion of Project, maintain the Project at its own cost and
expense, and in a manner satisfac~ory to State.
STATE OBLIGATIONS
1. State grants authority to Agency to enter upon State right-of-way for the construction
of this Project as provided for in miscellaneous permit to be issued by State District
3 Office.
2. State's local District Office and Bicycle and Pedestrian Program shall review and must
concur in the plans prepared by Agency before the Project is advertised for a
construction contract or before construction begins if Agency forces shall perform the
work. State's Bicycle and Pedestrian Program office shall process all billings submitted
by Agency.
3. Upon receipt of notification that the Agency is prepared to proceed with the
development of Project, State shall deposit with Agency the sum of $240,250, such
amount being equal to 50 percent of the State's share of the estimated Project costs.
Upon completion of Project, inspection and approval by State staff, and receipt from
Agency of an itemized statement of the actual total cost of the Project, State shall
deposit with Agency a final payment, the sum of $240,250, such amount being equal
to 50 percent of the State's share of the estimated Project costs. When added to the
initial deposit, the final deposit will equal the State's share of the originally estimated
costs ($505,550). Should final Project costs exceed the original estimate, extra costs
shall be borne by Agency; the maximum amount of State reimbursement is $480,500.
If final Project costs are less than original estimate, State shall deposit with Agency a
final payment in an amount which, when added to the initial deposit, would equal the
State's proportionate share of the originally estimated costs, based on a percentage
calculated using State share and local match.
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.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of both parties.
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City of Woodburn/OOOT APagTTAeC_~.:.~.ENofT_ A
Agreement No. 22253 ~. '1
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perforr!l 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 Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. 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 State is prohibited from paying for such work. from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination. If any funds are remaining from the
advance deposit, they shall be refunded to State.
4. 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
books, documents, papers, and records of Agency 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.
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 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.
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City of Woodbum/ODOT
Agreement No. 22253
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IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
The Oregon Transportation Commission approved this Project on November 17, 2003
as part of the Fiscal Year 2004-2007 Local Assistance Bicycle and Pedestrian Program.
The funds are included in the Statewide Programs Section of the 2004-2007 Statewide
Transportation Improvement Proqram (STIP).
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order
No.3, Paragraph 12, which authorizes the Director and Deputy Director, Highways to
approve and execute all agreements pertaining to OTC approved local grant program
agreements for bicycle and pedestrian projects.
Signature Page to Follow
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City of Woodburn/ODOT
Agreement No. 22253 ATTACt'MENT A
On October 8, 2004, the Director and Deputy Dir:c'81,-.~fg~~aysot approved
Subdelegation Order No.4, Paragraph 10, in which the Director and Deputy Director,
Highways delegates authority to the Technical Services Manager/Chief Engineer to
approve and execute all agreements pertaining to OTC approved local grant program
agreements for bicycle and pedestrian projects.
City of Wood burr], by and through its
~ City Administrator
By
Title
Date
By
Title
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
City Counsel
Date
Agency Contact:
City of Woodburn
Attn: David Torgeson, Assistant City
Engineer
190 Garfield Street
Woodburn, OR 97071
STATE OF OREGON, by and through
its Department of Transportation
By
Technical Services Manager/Chief
Engineer
Date
APPROVAL RECOMMENDED
By
Bicycle/Pedestrian Program Manager
Date
By
Region Manager
Date
By
District 3 Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date:
7
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City of Woodburn/ODOT
Agreement No. 22253
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