REQUEST FOR COUNCIL ACTION DATE ACTION REQUESTED: June 19, 2017 Order Ordinance Resolution XX Motion Information ___ No. No. No. 2017-3382
SUBJECT: A resolution to authorize City Manager Contact Person (Preparer) for this to execute Amendment No. 1 to a Cooperative Motion: Kaaren Hofmann, P.E., City Engineer Improvement Agreement (No. 28658) with the Dept.: Engineering Services Department File No.: Oregon Department of Transportation for the Oregon Route 18: Newberg-Dundee Bypass
RECOMMENDATION:
Adopt Resolution No. 2017-3382.
EXECUTIVE SUMMARY:
The Oregon Department of Transportation (ODOT) is working to complete Phase 1 of the Newberg- Dundee Bypass Project, which upon completion will divert Highway 99W traffic onto the new bypass from Springbrook Road in the City of Newberg to a point west of SE Parks Drive in the City of Dundee, as illustrated in the map below.
PHASE 1G
PHASE 1E Hwy 99W
S. Springbrook Rd.
Hwy 219 SE Parks Dr. Hwy 99W
In February 2016, the City and ODOT entered into a Cooperative Agreement to cover the obligations associated with Phase 1 of the Bypass and is attached as Exhibit 1. The proposed amendment (Exhibit 2) removed references to Phase 1 allowing this Agreement to be valid through the entire Bypass; added information about the need for the pedestrian facilities to meet ADA standards at construction and throughout its service life; and changed the construction timeframe to be 5 years allowing for the new Wilsonville Road connection.
FISCAL IMPACT:
The City of Newberg entered into a loan agreement with ODOT (OTIF-0050) on July 1, 2013 to finance our portion of the construction costs of this project. Our portion is estimated to be $2,211,200.00 or 13.82% of the local match costs. Our installment payments are currently set at $142,916 for the next nineteen years.
STRATEGIC ASSESSMENT:
CITY OF NEWBERG: RESOLUTION NO. 2017-3382 PAGE 1 1
The City Council’s Goal #5 is to “Maintain and modernized the City’s transportation and utilities infrastructure”. More specifically, Objective 5.11 is to continue to support the completion of Phase 1 and the future build out of the Newberg-Dundee Bypass.
This agreement will memorialize our negotiations with ODOT and who will be responsible for what portion of the project.
CITY OF NEWBERG: RESOLUTION NO. 2017-3382 PAGE 2 2
RESOLUTION NO. 2017-3382
A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO A COOPERATIVE IMPROVEMENT AGREEMENT (NO. 28658) WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR THE OREGON ROUTE 18: NEWBERG-DUNDEE BYPASS
RECITALS:
1. The Oregon Department of Transportation (ODOT) is in the process of constructing Phase 1 of the Newberg-Dundee Bypass.
2. The City Council’s Goals include an objective to continue to support the completion of the future build out of the Newberg-Dundee Bypass.
3. The City of Newberg entered into a loan agreement with ODOT (OTIF-0050) on July 1, 2013 to finance our portion of the construction costs of this project. Our portion is estimated to be $2,211,200.00 or 13.82% of the local match costs.
4. In February 2016, Oregon Department of Transportation (ODOT) and the City of Newberg entered into a Cooperative Improvement Agreement that deals with Phase 1 of the Newberg-Dundee Bypass.
THE CITY OF NEWBERG RESOLVES AS FOLLOWS:
1. The City Council does hereby authorize City Manager to execute Amendment No. 1 to the existing Agreement No. 28658. The amendment and agreement are attached.
EFFECTIVE DATE of this resolution is the day after the adoption date, which is: June 20, 2017. ADOPTED by the City Council of the City of Newberg, Oregon, this 19th day of June, 2017.
______Sue Ryan, City Recorder
ATTEST by the Mayor this 22nd day of June, 2017.
______Bob Andrews, Mayor
CITY OF NEWBERG: RESOLUTION NO. 2017-3382 PAGE 1 3 Exhibit 1
Agreements and Misc. 28658 Contracts No.
COOPERATIVE18: IMPROVEMENT AGREEMENT 1 Newberg-DundeeBypass Phase Oregon Route Newberg - Cityof OF STATE THIS AGREEMENT is and the of between referred OREGON, and by hereinafter CITY Departmentand enteredinto to "State;” actingand by throughOF made to “Party” referredthe NEWBERG, acting byTransportation,and designated officials, ashereinafter its through its to "Agency,” herein referred or collectively “Parties." as both as individually RECITALS or Act referred to Oregon 2009 1. “JTAand Transportation of (JTA) Program, hereinafter Program”, provides projects Jobs Commissionfor preservation On 2009 the the funding (OTC). modernization21, Oregon Transportationthe and October as chosenapproved funding first phase Dundee Bypass projectthe by for of Newberg OTC Improvement Program (STIP) include amended the Statewide Transportation the andthe project. 99W and to OregonRoute (OR 99W), Oregon Route 18 Route 219), (OR 18) Oregon of part the state system of 219 2. (OR are of highway andstreet OTC. Road, Roadunder partthe jurisdiction controlsystem the controlWilsonville are Springbrook This cityNewberg-Dundee the jurisdiction and Agency. phase ofthe will affect underBypass be routedof Springbrook theand will attemporarily upon those theof intersection Wilsonville Road. ThisAgreement Road corporate willofaddress only portions system366.576, limitsof street within the the City Newberg. Oregon the in Revised 190.110. By authority granted Statutes (ORS) 366.572 and 3. State enter into counties, cities governments cooperative agreementsof of and units of local may the performance withcertain for costs work on types agreeableimprovement projects theallocation 366.220, terms to with of andconditions mutually the contractingparties. on is ORS vested and control over State, by 373,020, complete jurisdiction 4. of takenwith the the roadways otherjurisdictions for state highway purposes. By authority state routed streets granted ORS the jurisdictionif of highways upon by curb regular curb, citythen extends from to curb, or, thereis no established control suchportion of theright of as be State forhighway extendsover way may utilized by andjurisdiction over all of a city street purposes.Responsibilityfor other portions remains with theAgency. 810.210, 5. By the authority granted in ORS State is authorized to determine the characteror type trafficof controldevices to be used, andto place or erect them the upon statehighways at places where State deems necessary for safe and expeditious control oftraffic. Notraffic control devices shallbe erected, maintained, KeyNo. 17099
4 City of AgreementNewberg/ODOT No. 28658 highway to withStateits written Project than except byany otherconformState, operated and Traffic work authority or upon anyspecifications.statesignal 366.425, the this will current approval. on standardsthe granted Statehas marked authority 810.080 to establish facilities. By crosswalks in ORSits authority 6. pedestrian on highway 7. the of the of an granted in ORS State accept of Byirrevocableauthority county,may road deposits or letterfor credit from any city,public district, the performance person,moneyfirm, or corporationWhen of on highway State. work deposited,any withinproceedthewithit said or State the Project. money letter credit is the shall was deposited.Money depositeda shall be disbursed for purpose which so for of Phase construct two (1) in the Newberg-Dundee Bypass (Bypass) 1 of (2) 8. each four lane lanes,and one 1 of (4) Bypass Newberg City ofof direction the miles to betweenPhasewill City also include Dundee; four neededin1length. of requiredphase (4)in constructionwill localtheBypass.approximatelyTheimprovementsBypass, Phase at twothis circulationin 99W willaccommodateofhave the 219 Newberg , pointsBypass ends, ORan and OR south access designated will (55)Dundee. The is 99W and operate at connection The expressway(Dundee) 18 fifty-five andmiles behour. connectionthe BypassOR is temporaryin The per at is of Oregon removed when extended Dayton. ofmay Transportation 99Wshall pass resolutionOR todesignateCity the Springbrook Road betweenCommission (at theto a portionand (at 219 a intersection) intersection)OR Springbrook Road state OR 18The theofOR as state highway. use portion of as be this Springbrooka Roadhighway for use a shall temporaryof and shall be state jurisdiction restored to Agency when highwayeasterly portion constructed. addressas a the Bypass is This Agreement will the Project elements the constructed within Agency’s corporate limits as represented A. in Exhibit the 377.700to 377.992 9. By authority underof ORS Outdoor advertising signs from the portion Springbrook Road that is is visiblethe Information under state jurisdiction, subject OregonMotorist (OMIA). regulates the to and The OMIA number, size advertisingAct visible from placement outdoor signs the state highway through of administered Statewith from Agency.a permitsystem cooperation involvementnot The by Road andand signs onSpringbrook arebusiness signs will require a permit. premise businesssign added after the of Springbrook Any on jurisdictionalto transfer State be by State and to Roadwillneed to approved Agency assure conformity andAgencycodes. THEREFORE, it NOW being in general stated the foregoing thepremises as in Recitals, is agreedby and betweentheParties heretoas follows: TERMS AGREEMENTOF
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5 of
Newberg/ODOT City 1 28658 of Agreement No.Agreement and power 99W Thisexisting signals supersedeat 219 Road the will ORin maintenanceSpringbrook and OR and Roadlocated Agreement responsibilities Springbrook and 28784. No. State such identified the of Under shall and AgencyAgencyboundaries as design constructphase 2. the followingauthority, State agree part the and of first NewbergimprovementsDundee within the Bypassproject: left 99W turn Springbrook Construct (2) southbound OR lanes at . Road; two on a. (1) Springbrook to three turn northbound99W b. Widen Road lanes:lane lane; southbound a (3)left that one and lane; and one between limitedand OR (1) center include, 219; but OR not to: complete improvements areAmericans curb, median, striping,all signage, shoulders, sidewalks,and with (ADA) landscaping, trees, drainage Disability Act street storm conveyance/detention/waterramps, quality facilities; Install traffic of Springbrook Road a signal and Fernwood at the intersection c. Road/Second Street; to traffic Necessary capacity existing signals atthe intersectionsimprovements/upgradesSpringbrookat the Road d. and OR 99W and Springbrook of: Road OR Road; HayesStreet; Springbrook 219; and turn on e. Construct (2) left lanes Springbrook Road at 219; two southbound OR of Road Portion OR 219 Springbrook Bypass between 219 shall and the signalized comply newAgency’s intersection on (TSP);OR with f. Transportation SystemPlan ConstructWilsonville Road 219 intersection in with to OR g. Systemthe (TSP); compliance Agency’sTransportation Plan Disconnect from SpringbrookRoad; WilsonvilleRoad h. a Courtof the south i. Construct cul-de-sacnext toWilsonville Road for terminus of street will be named McKern Springbrook section of The Road. New projectwill pay for the costof change address for the impacted parties; a Street Channelizeturning movements from Second to OR 219 for right j. turnsonly; right turnlane Road atOR k. Construct a on Wynooski 219; Install soundwalls with graffitiresistant coating atMountain View, Nut I. Tree RanchandAvalon Manufactured HomeParks; 3
6 Newberg/ODOT28658 Agreement City of No. Street Meridian Street Remove construct betweensouth of Meridian and the terminusStreet a cul-de-sac and RiverStreet; m. for of College Waterfront/1 Street Street; Relocate the intersection named “Weatherly new frontage n. Constructa local atpreliminarily to the Way” street betweenroad north side of 486+00 o. improvements508+00).Agency(approximatelylocated on limitedstationsto Bypassto standards, theEngineersnot Improvements to include but street treespavement,(one signage,conveyance/detention/waterone curbs, stormlighting,drainage on areside, side), and street 1 facilities; sidewalk quality Willamette and but are not Reconstruct street Street between limitedStreet Wynooski improvements removal/replacement, on at end p. Improvements include driveway to landscaping,Road. overlay the sidewalks, (2) the if closures, driveways; curb inch of project; and two 13th As andfora of warrants metmitigation project, appropriate are fiveimpacts the and signal at the intersection of OR219within a traffic and (5) years, construct q. Street; ConstructEverest “L” from an for to access emergency onlyOR Way the at Station purposes4th 18 WeatherlyPost Bypass Engineer 491.00, Left, Mile 58.044. r. relocations Collectively these improvements and hereinafter be referred as anyof theutility is shall to “Project.” The location Project approximately on sketch map attached marked “Exhibit by as shownmade thea A,” reference hereof.1th hereto, this part and The JTA Program phase of Newberg-Dundee Bypass fundsto the first the an are limited $192,000,000.for hasentered agreement with 3. ProjectCities of Agency into of Dundee, Yamhill County and ConfederatedIn Grand McMinnville,for of the event Tribes Ronde local match share $20,000,000. the Project the constructed estimated the Partiesthe cannot be the budget, shall reducedwithin and/orreevaluate examinean alternatives funding obligations, then If amendmentfor a Agreementscope be entered into reflect to this will State to such changes. such agreement cannot be at its sole reached, modified discretion shall determine whether the Project scope must be to the Project budget to meet or commit additional fundsto the Project. The the Program StateHighway be 4. fundsavailable under JTA are Funds. To eligiblefor reimbursement the JTA Program, expenditures must comply with ofunder Section 3a therequirements ArticleIX, ofthe OregonConstitution. 5. Afterallrequired signatures are Agreement iseffective on April obtained, this of 21, 2014 and shall remain in effectfor thepurpose ongoingmaintenance of road the facilitiesand powerresponsibilities for trafficsignals installedor improved as part theof Project.The Agreement willremain ineffect until the Bypass is 4
7 of
Newberg/ODOT CityAgreement 28658 No. in paragraph Recitals, OR 99W, outlined Project is The easterly of toasbe completed (2) calendar constructedfollowing the to final Agreementwithin two its8.years date estimatedexecution Parties.of construction of all both The reconsider (5) of Parties agree and/orthis by date final evaluate, five followingportionsthe terms, to both amendyears an obligations,execution provisions everyby be by of signedAgreementboth calendarand orchanges shall andthis by amendment, Parties any JTA Agency State have Parties. to expenditure Program joint ensure of funds obligationthe timelythe 6. and to of bonds that financethe Program.and acomply provisions the JTA with cooperate and Agency to to respective State the OMIA. their responsibilities agree out 7. carry AGENCYunder OBLIGATIONS OTC of of Springbrook Agency agrees upon and the portion 1. locatedthatbetween OR approval 99Wresolution, be under Road 219 a from curb 373.010State OR curb to jurisdictionState andpart of state highway willbetweenORS the maintainingsystem consistent with curbs, be responsible for and road surface the and permitting roadway maintainingthe traffic signals. will to the access the of 2. that of Newberg-Dundee Agency upon completion the easternphasenearthe shall Bypassagreesto Bypass 99W Rex Agency 99W constructthe from 219 OR accept of of ORSpringbrookOR ORHill,219 and jurisdictionall portion to Road between existing signals.the and of 3. Agency to for detouring agrees allow State use Agency 5. of traffic for theunder StateObligations,streetsparagraph Project discussed purposes,as Agency contribution resurfacing for agrees State’s for and maintenance 4. minor/normal surface deterioration Agency$98,950.streets usedIf for Project pavement is of is detour construction estimatedat and vehicleexceedpurposes and it determined resurfacingis going to theestimate, State Agency shall meet to the an estimateand each cover costs. mutuallyagreeupon the responsibilityof Partyto Agency right understandsState shall purchase of way from Agency for Project 5. of be inaccordance to purposes. Right way purchased byState shall the Uniform Relocation and Real Property Polices Act of 1970, Assistance Acquisition as amended,ORS Chapter 35 and State RightofWay Manual. Upon completion of the State transfer right of for Project, andAgencywill accept, any new way acquired will street The theproject constructionon theAgency’s system. method of conveyance of Manager. will coordinatedbe by theState’s Region Right Way 6. Agency shall issue necessary permits or provide permissions to State for construction ofProject facilitieswithin Agency’s air space andexisting rightof way throughAgencyestablished permittingprocedures.
5
8 of CityAgreementNewberg/ODOT 28658 be No. 7. all shall reconstructed, utility cause Agency-ownedis Agency whereor relocationconformreconstruction made to relocatedthe Project in conduits, the the lines, poles,plans of pipes, order andProjectother necessarywith the plansmains, the ultimate suchrequirements the portionsutilities by and except toAgency-ownedor of facilities on AgencyRoad right for the upon ofsubject thoseterms of Cooperative whichSpringbrook to the utilities that way Improvementlocated(Utility) Agreementare 30647.are No. forces and at 8. functions, with its own its own perform all graffiti of Agency removal the sound shall,including of or beautificationexpense, maintenance constructed anythe right wallswalls as part ProjectAgreement,withinAgency’sparagraph of including those Terms way, under of at 2 constructed be 9. Agency with its own own responsible for all and (I). maintenance, forces all constructed part the and irrigationof landscapingexpense, of Projectshall,within its Agency’s right way.for as 10. power, be percent Agency of Project, for 100 maintenance andupon completion with the responsible to structure under Street shall, (Bridgepower costs22009).associated shall illumination send No. Agency the invoices to request power directly Agency. company of Agency Project, full control of the shall, upon completion accept ownership and 11. surfaceandunderground improvements of This 373.030(2) connectedquality/detentionwith operation Agency streets. includes storm sewer and the wateroperations 373.050(11ponds. Agency shall District perform a state highway through obtain permitto to commencement State’s Officeprioroccupy of onwork. 3 or any a execution of required 12.Agency, Agreement, gives its grade ORS by ORS105.760 and consentof as theby and all changes 11th Agency gives consent torequiredany withinand of and its ORS to all closure limits,streets as bythere be in any out of intersecting the highway, if connection arising the Project covered theAgreement.any with or by at 13.Agency agrees to signs demarking requirements where maintain Agency clearance locations Project streets, including College Street, River Street, and MeridiancrossesStreet.overSuch signageshall and be installed by State maintained by Agency. Agency 14.UponProject completion,Agency agreesto maintain the following streets affected by Weatherly Way, College Street, River this Project: Street, Street, Streetand McKernCourt.
15. Agencyshall work with State in goodfaith to identify appropriate remedies if the traffic that isboundfor Wilsonville Roadeastbound orto the Bypass fromWilsonville failure ofan or11*" 12th Road westbound causes a intersection a quantifiable safety problem hereto and made parthereof. as statedin ExhibitB, attached by thisreference a
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9 of City 28658 AgreementNewberg/ODOT 16. No. the right enter and its onto Agency’s State, project of Agencyprojectgrants orBypasscontractor, field work, Bypass right within performance of the maintenance as forthto this Agreement.occupy way setfor the right and its contractorlimits be restored equal Agencycondition constructionby to Allbetter ofway State or shall by of in Stateutilized the Project. upon completion employ or All employers, that workers work under including Agency, subject ORS who this State Oregon shall with 656.017 AgreementWorkers’in the Compensation and areprovide 17. complyunless such the ORS656.126.ofEmployers coverage employers exempt requiredunder with of less $500,000 Agency coveragethat each of not than must included.Liability insurance limits be its contractors complies with shall ensure these requirements. subcontractor(s) not of and that local shall require contractor(s) are units Agency its if indemnify, and 18. government to save as definedState ORS 190.003,Oregon any, defend, hold harmless Oregon, Commission andagents Departmentthe in Transportation and its members,and against of of and Transportation its liabilities,employeesdamages, losses, expenses,from officers, defined claims, actions,from including attorneys’and now inhereafter or ORS any all fees, arising tort, or in 30.260, whole part, negligent caused, alleged ofbe caused,a inas the or willful to Agency's ofIt acts or or of contractor oror isby intentionagents, omissions in contractor ("Claims"). the officers, employees any the of thePartiessubcontractors the exceptbe Claims arisingspecific from Stateshall, instances,of for solely or that willful all State, indemnified the negligent acts or omissions by the contractor and from and against andall Claims. subcontractoror such any that 19.Any indemnification provide the Agency's and subcontractor shall also Agency'sneither contractor attorney engaged of contractor and shall defendnor by Oregon subcontractorof anyclaim in of State orStateagency of State ofOregon, the name the the any Oregonthe any purport as legal representativeof or its nor to act consent Oregon of General.anyThe agencies, without priorwritten of the Attorney State at its election assume its defense Oregon may,the at own and of event thatanyittime contractor is from in the Agency's settlementdefending determines that is prohibited theState of Oregon, or that Agency's contractor not adequately Oregon's interests, an important defending the State of in or thatof governmental is it best the State Oregon do principle issue that is the interests ofit to so. The Stateat of orOregon claims all rights pursue may have against reserves to its defense. Agency'scontractor if the State of Oregonelects toassume own Agency perform services under this Agreement an independent 20. shall any as contractor and shall beexclusively responsible forall costs and expenses related to itsemployment of perform the work underthis Agreement but individualsto include, notlimited to, retirement contributions, workers’ compensation, unemployment taxes, and stateand federalincometax withholdings.
21. Agency acknowledges and agreesthat State, the Oregon Secretary of State’s Office, the federal government,andtheir duly authorizedrepresentatives shall have access to thespecific Agreement for the purpose of making audit, examination, 7
10 City 28658 Newberg/ODOTNo. Agreementof of years after completion ofand period six (6) upon the for of request. for applicable records shall be made available Project. excerpts, [email protected]. Copies copies Payment is a costsAgency reimbursable Agreement of certifies and individual(s) signing of has enter by thatexecutethe 22. been representsinto of onthis Agency, and this Agreement behalf authorized to or governing Agency. officers, members representatives, toitslegally bind body, commission, directionor approvaland board, under23.the Manager Project is Project Kaaren Hofmann, City 414 Newberg,for Oregon Engineer, Agency’s Street, 97132;designee(503) First this assigned 537-1223, Agency in of upon individual’sE. the absence.changes during termnotify other writing any contact information theshall of orParty OBLIGATIONS this Agreement. STATE for OTC to a designate portion of Springbrook State prepare 219 theOR 99W theto the state Roadshall resolution from curb curb part of located between and as 1. OR State systemconsistent with ORSthe 373.010.betweenwill resume responsibilities highway of the curbs, permitting for maintenance andSpringbrookoperations Road roadwaythe traffic to and ORSaccess portionof signals consistent with 373.020 this theresolution is on the adopted. date field State, shall conduct the surveys, 2. its consultant, design environmental traffic investigations, preliminary necessaryengineering studies, and work requiredandto produceor final specifications estimates; and provide plans, and cost identify all required perform all engineering, all obtain materials permits; construction all includingand required testing quality documentation; prepare bid contract andfor award documents; advertise construction bid proposals; contracts; pay all project managementall and contractor costs, provide technical inspection, services other necessaryfunctions of the entered for sole administration construction contract intofor this Project. 3. its all rights of Project State, consultant, shall necessary way for the or acquire and Property accordingto the UniformRelocation Assistance Real Acquisition Policies Act of1970, ORSChapter 35, Right amended, and the State of Way Manual. The ashave Intergovernmental AgreementNo. Parties of enteredinto a separate of 29496 Right Servicesidentifyingthe roles and for Way of ofresponsibilities the Parties for right activities. Uponcompletion Project, any way of the Stateprojectwill transfer and Agency will accept new right way acquired anystreet The of for the construction the Agency’s system. method conveyance be on the Region Right of will coordinatedby State’s Way Manager. State all with 4. shall be responsiblefor costsassociated construction and installation of theProject. Stateshall reimburse Agencyfor approved costsassociated with the relocation publicof utilitiesupon Agency rightof way within the Projectarea except
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11 Newberg/ODOT 28658
Agreement No. 30647 of Road City are subject terms 5. that the of Cooperative SpringbrookAgreement$98,950. pavement State’s Improvementlocated No. those upon maintenance minor/normal (Utility) and to resurfacingAgency used meet and utilitiesexceeddeterioration surfacecontributionODOT of at determinedProject detour If for the agreeconstructionan estimate,estimatedStatestreetseachAgency resurfacing is of going vehicleestimatepurposesand and for 6. the thefor Partyshallcover mutually upon is be is to of it to and accessresponsibility shall, be to costs. be3dateProject, (Driveways)approval resolution,atRoad. responsibleAsStatepart roadsupon to Springbrook 2, the permittingthe of Projectexisting approachState’s controlrequests the roadwayby for is controllingcompleted. Any new permitted established access Regionby this addressed State permitting the Office.through 7. will 99W pavementto District Permit maintain219 forprocess surfaces, will OR the ORroadway Road back betweenshall between thecurbing,easternsignalphase back loops, and Springbrook of detectorNewberg- signs,Dundee upon of curb of the of the to100 curb stripingBypass Road. andconstruction the temporary the Bypass to completed eliminates Springbrook routing by upon8. be until State is and percent of pay company for Statethe powerrequire the the powershall responsibleState. power company send costs the signals. State traffic to shall to invoices9. directlyfor accurate be shalltoprovide Agency as-built plans of street, drainage, waterworks, construction maintainedthe storm and wastewaterimprovements Agency, Project. to by upon completion10.State of the and completion of a survey setproperty upon the Project. 11.shallStatefile corners executed, certifies, at Agreement funds are the time is that sufficientAgreement available andauthorized expenditure finance of State's this thecurrentcostsbiennial current to of thisbudget. within 12. State appropriationfor limitation and necessary shall, or OR219, operation, performRoad,all uponOR99Wsignal on proper OR219 those and maintenanceturn of signals Springbrook Everest Street inspectionat and andtrafficatthe on of and including intersection well established operation of signals as as interconnection,control thetimingat Agency.for thetraffic no cost 13.to cause be State relocated reconstructed, owned shall or all privately publicly to mains, and or conduits, lines, poles, pipes, allother such facilities of every kind utility and nature where madenecessary the plans such relocationorreconstruction is by the the and and of Projectin ordertoconform other facilities with the plans utilities the are on State theultimate requirementsfor theportions of Project which right of way.
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12 28658 Newberg/ODOT CityAgreementof of if No. in performance State the street stated Exhibit to monitor As trafficthat is boundagrees Road eastbound or local 14. network Wilsonville the of the traffic bound Bypassand, for of to from B, Road shall workbe failure the quantifiable safetyWilsonvilleThe State Agency intersectiondetermine problem westbound causeswith foran appropriate remedy. remedy shall forwardeda throughto design appropriate be the all anda as a project final approvalsconstruction. immediately and advanced 15. Manager is Amador, State’s Project this Oregon Kelly 885 Airport Road Building Salem, Project 97301-4788; P, of (503) SE, for assigned designee upon 986-2900, [email protected],in individual’s notify information Party contact changesabsence.during State shall the writing any of this Agreement.other theGENERALterm PROVISIONS or 1. of consent both This be terminated mutual written Agreementmay of effective Parties. 2. by at Statemay Agreement Stateupon delivery written terminate this Agency, notice, date may or under any of the or suchconditions:later be established by following If as a. fails servicescalled this Agreement AgencyIf provide thereof.forby within specified extension the time to herein or any fails of performany theother provisionsof this b. Agencyor failsto Agreement,of so to the work as to endanger performance pursue and after of Agreement in accordance withits receipt this fails failuresterms, (30) days written State withinthirty or longer notice asto correct suchauthorize. such period If may failsto ofits ofthe cost of the c. AgencyIf provide payment share Project. fails receive or State funding,appropriations, limitations of d. expenditure to in the exerciseotherits toauthority sufficient allow State, reasonable administrative to continue to make payments for of discretion, performance this Agreement. If federal state are e. or laws, regulations or guidelines modified or in such way Agreement interpreted a thateither the work under this is prohibited State is from paying such work from the or prohibited for planned fundingsource. 3. Agency terminate this Agreementeffective upon delivery of writtennotice, or at may date under of suchlater asmay beestablishedby Agency or State, any the following conditions: If a. Statefails toprovide services called forby this Agreement within the time specified hereinor any extensionthereof. 10
13 28658 AgreementNewberg/ODOTNo. City of If of to perform of this State provision fails to of in fails the otherperformance this AgreementAgreement, oraccordance b. the work toany such failures its as endanger written correct pursue and after of noticeas terms,(30) receipt fails authorize.so with period Agency to thirty daysof such longer not may obligations Any within or Agreement shall prejudice rights terminationIf this any the Parties prior 4. accrued to totermination.brings ("Third suit or makes definedclaimin proceeding alleging third party hereafter 30.260anyaction, or tortany now or any Claim")theagainst State 5. as respect which theORS have Party to or Party the ThirdPartyliability,Claimnotified Agency with notify otherwriting may the of orto must other in and all legal with respect thepromptlyParty Party Partypleadingsin and deliverof a ofEachthe Party is defense theThird Party claim,process, to participate the to other a Claim. Third with own Third copyand defend entitledParty Claim counsel of choosing. Party Claim, the notice required its paragraph and a to of and copies in in a Receiptmeaningfulby Party a and Party the investigation,this defense settlementopportunity for to participate Partythe Claim of choosing precedent thatThird counsel itsown are conditions ofthe Party's withrespect ThirdisParty Claim. liability with to the (or With respectto to Claim liable Agency 6. Third Party which State jointly with amount of joineda PartyforClaim), State would if (including Third shall contributeand amountsto the be in the fees), judgments, in expenses attorneys' fines paid settlementactually and paid payable Agency in appropriatereasonablyto incurred onbythe one such reflect and faultor of State proportion is relative resultedhandsuchand ofAgencyas the in hand eventswhich the other in connection withamounts,the as other expenses,on fines settlement thewell hand relevant judgments, The fault of State ason any and of Agency equitabletheconsiderations. or berelative other hand shall determined reference oneamong things, on by to, and other the knowledge, information opportunity to correct Parties' relative intent, access to fines orprevent circumstances resulting in such expenses, or settlementtheamounts. State’s instancejudgments,is it contribution amount inOregon capped to the same extent would have beencapped underif any law,including the Oregon Tort 30.260to the Claims Act, ORS State sole liability in proceeding. 30.300. had State 7.With PartyClaim is liable with (or respecttoif Thirdin for which Agency jointly wouldbe the PartyClaim), Agency contribute to the of ajoined(includingThird shallfines amount expenses attorneys' judgments, and amounts fees), paid in settlementactually and reasonably incurred and paid or payable by State in such of Agency the hand proportion is appropriate to reflectthe relative fault on one and as with events resulted insuch ofStateon theother hand inconnection the which other expenses, judgments, finesor settlement amounts, as well as any relevant equitable considerations. The relative fault ofAgency on the onehand of State by reference and ontheother hand shall bedetermined to, among other things, the information Parties' relative intent,knowledge,access to andopportunity tocorrect the circumstances resulting in such expenses, judgments, or prevent fines or settlement amounts.Agency's contributionamount inany instance iscapped to the
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30,300.
Newberg/ODOT 30.260 28658 ORS Oregon AgreementNo. Oregon law, of have City been
TheClaims would extent Act, capped under includingproceeding. Tort good agree arisingthe attempt any disputeinthe Parties it had of same Agreement.Agreementnon-bindingbe if resolve otherwise) sole 9. it (for the Parties liabilityagreement mayto resolve of addition, may the selectedbinding oh together utilize jointlyshort(facsimile shall that faith to dispute litigation.out arbitrator 10. Agreementexecuted toseveral counterpartsa 29496 Parties, In when in Parties of agreement shallare mediator Agreement andso signatories thisEach notwithstanding arbitration) in to original. or all all between not Agreementthe No. counterpart. This taken to and same Thereor agreements,attached an Agreement. on written, change arethe copy one matter not of subjectoral specified which Thisentire executed No all Agreement constitutewaiver, consent,the hereof of representations, and or consent, no regarding made, shallbe Party modificationwaiver, byAgreementterms of this the either been of constitute necessaryapprovalsexhibits,constituteunless signed Parties and change, bind of writingorSuch understandings, shall The Partieshave Inany instance and modificationherein this or by State in provision specific all not given. ashall obtained.enforce both THE waiverfailureeffective specificany provision. be onlyto the the or purpose Stateof acknowledge shall I this if Agreement, for Agreement,or other thisagree have of hereby and constitute executionread that by by 2015-2018 PARTIES,, conditions,#17099 STIP). to signing Oregon that boundProgram, 18, representativesterms this It, their 2014 the improvement Key andThis Project is by Page Decemberits in Statewide Transportation (or this understand Commission subsequentlywas approved Transportation the Signature to the on byamendment approved that Follows
! 12
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im-JM.LZ'' Clly by Nowberg/ODOTOI! Agreementof by and through B CITY ST iGON, Contaot; designated through Its 20060 Its Date By. /1 Clly ManagerNO, 0Y ASTO — NEtAJBERG,officials and Division Highway s.. Data Bv By Administrator Data Engineer Attornoya Date LEGAL B E, By, W AUTHORITY APPROVED ServIcoaManageiyClilef City AtrsnoV Teohnloal 01; CIlyofNewborg Date Contact;StafeTMffl 2Mm SUFFICIENCY jliteer poparlmamATranaportatlonClly Kaaren,[email protected] 2-3-\<*> Hofmann, Engineer P.O. Newberg, (Ste Xldrbmt Box Oregon 070 State yqmirtW’t Street Bv agor YYldi"!ÿ ICaaren First 2, Date Date AS M4< 97132 TOLEGAL (S03) or, 414 637-1223 P stale, Kelly,L,Amador@odol, APPROVED ODOTRegion ProjectSE,Dator ; .. KellyAmador, Qil8j±(e. AirportSenior B 3 LeaderBuilding Attorney 465 RoadOregon Region j 906-2900Area SUFFICIENCYDate - Salem, (603) 97301- 4700 (OH KKskutJJN Assistant DV\ ns tOllll»vv\5 General RÿhtofViayManagwÿ
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City A Newberg/ODOT FOR Agreement 28658 THIS PAGERESERVED No. EXHIBIT
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17 Newberg/ODOT Cityof Agreement 28658 No. the Transportation Exhibit Department
B Salem, of Office Director
St H§ of OR Capitol OregonGovernor Browa St.
JanuaryKate Newberg First 2016PlanningSubject:Oregon, Chair 97.101 Newberg Gary Bliss 414 Commission .155 NK East OR 97132 Road
Bliss,Impacts “no Wilsonville of 10, 4"', Dear 20 5 ChairmanAt after completion through” mitigationthat might be required the was of Planning (TSP) hearing, In significantthe aboutthe thethe level currentlySystem CommissionCity’s followingthere was undercommits, ODOTdiscussion of Plan amendment,theassistance, Transportation consideration alongby submission intersectionDecember “ODOT Commission.continue,the monitormade: of the with identified,Bypass further performanceanticipatedof this the toODOT commits project impact of amendment as abovetothepursuit local networkmitigation for to street arc impact”.route. the the appropriate deficiencies 1 There that theactual statementprojectsIf that from commitment. was speculationtire about the ODOT marginal impacts would result a TSP much the small. thedesign currently where andcontinuesthe believemodification however,predict those proposed will relativelyis meant the willexpandbeon betweenby cannot,commitment. in impacts to that Wc the might what to occur. the is Bypass I is for intersection, quantifiable from problem, If traffic causingWilsonvillea ofRoadan or sufety WilsonvilleThe the Cityfailureto thoughthecastboundappropriateor ODOT Road that bound determine remedyfor specificfailure. wouldwestboundwork with the that be appropriate savingadvanced immediately remedy wouldfor design Right savingsand be to $6.5 project and all Overallexpect approvalsPhase1 will asa finalimprovements.forwarded construction. projecttorange $3.0 fund now the frombetweenused these be and million. wc u Sincerely,
L. Matthwv Director • drarretf
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\ Exhibit 2 Misc. Contracts and Agreements No. 28658
AMENDMENT NUMBER 01 COOPERATIVE IMPROVEMENT AGREEMENT Oregon Route 18: Newberg-Dundee Bypass City of Newberg
This is Amendment No. 01 to the Agreement between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as “State,” and CITY OF NEWBERG, acting by and through its elected officials, hereinafter referred to as “Agency,” entered into on February 22, 2016.
It has now been determined by State and Agency that the Agreement referenced above shall be amended to incorporate the remaining phases of the Newberg-Dundee Bypass project and update language. a. Effective Date. This Amendment shall become effective on the date it is fully executed and approved as required by applicable law. b. Amendment to Agreement.
a. All references to “Oregon Route 18: Newberg-Dundee Bypass – Phase 1” shall hereinafter be referred to as “Oregon Route 18: Newberg-Dundee Bypass.”
b. Recitals, Paragraph 8, Page 2, which reads:
8. Phase 1 of the Newberg-Dundee Bypass (Bypass) will construct two (2) lanes, one (1) in each direction of the four (4) lane Bypass between City of Newberg and City of Dundee; approximately four (4) miles in length. Phase 1 will also include required local circulation improvements needed to accommodate construction of this phase of the Bypass. The Bypass, in Phase 1, will have access points at the two ends, OR 219 in Newberg and OR 99W south of Dundee. The Bypass is designated an expressway and will operate at fifty-five (55) miles per hour. The connection at OR 99W (Dundee) is a temporary connection and may be removed when the Bypass is extended to OR 18 in City of Dayton. The Oregon Transportation Commission shall pass a resolution to designate the portion of Springbrook Road between OR 99W (at the Springbrook Road intersection) and OR 18 (at the OR 219 intersection) as a state highway for use as a state highway. The use of this portion of Springbrook Road as a state highway shall be temporary and jurisdiction shall be restored to Agency when the easterly portion of the Bypass is constructed. This Agreement will address the Project elements constructed within Agency’s corporate limits as represented in Exhibit A.
Shall be deleted in its entirety and replaced with the following:
Key No. 17099 and 19803 20 City of Newberg/ODOT Agreement No. 28658, Amendment No. 1
8. The Newberg-Dundee Bypass (Bypass) will construct two (2) lanes, one (1) in each direction, of the four (4) lane Bypass between the City of Newberg and the City of Dundee; approximately four (4) miles in length. The Bypass will also include required local circulation improvements needed to accommodate construction of the Bypass. The Bypass will have access points at the two ends, OR 219 in Newberg and OR 99W south of Dundee. The Bypass is designated an expressway and will operate at fifty-five (55) miles per hour. The connection at OR 99W (Dundee) is a temporary connection and will be removed when the Bypass is extended to OR 18 in the City of Dayton. The Oregon Transportation Commission shall pass a resolution to designate the portion of Springbrook Road between OR 99W (at the Springbrook Road intersection) and OR 18 (at the OR 219 intersection) as a state highway for use as a state highway. The use of this portion of Springbrook Road as a state highway shall be temporary and jurisdiction shall be restored to Agency when the easterly portion of the Bypass is constructed. This Agreement will address the Project elements constructed within Agency’s corporate limits as represented in Exhbit A.
c. TERMS OF AGREEMENT, Paragraph 5, Page 4, which reads:
5. After all required signatures are obtained, this Agreement is effective on April 21, 2014 and shall remain in effect for the purpose of ongoing maintenance of road facilities and power responsibilities for the traffic signals installed or improved as part of the Project. The Agreement will remain in effect until the Bypass is constructed easterly to OR 99W, as outlined in Recitals, paragraph 8. The Project construction is estimated to be completed within two (2) calendar years following the date of final execution of this Agreement by both Parties. The Parties agree to evaluate, reconsider and/or amend all or portions of its terms, obligations, and provisions every five (5) calendar years following the date of final execution of this Agreement by both Parties and any changes shall be by an amendment, signed by both Parties.
Shall be deleted in its entirety and replaced with the following:
5. After all required signatures are obtained, this Agreement is effective on April 21, 2014 and shall remain in effect for the purpose of ongoing maintenance of road facilities and power responsibilities for the traffic signals installed or improved as part of the Project. The Agreement will remain in effect until the Bypass is constructed easterly to OR 99W, as outlined in Recitals, paragraph 8. The Project construction is estimated to be completed within five (5) calendar years following the date of final execution of this Agreement by both Parties. The Parties agree to evaluate, reconsider and/or amend all or portions of its terms, obligations, and provisions every five (5) calendar years following the date of final execution of this Agreement by both Parties and any changes shall be by an amendment, signed by both Parties.
d. Insert new Agency Obligations, Paragraph 8, to read as follows:
2 21 City of Newberg/ODOT Agreement No. 28658, Amendment No. 1
4. Agency shall, at its own expense, maintain and periodically inspect any sidewalks, and curb ramps on the portions of the Project under Agency’s maintenance jurisidiction upon Project completion and throughout the useful life of the Project to ensure compliance with the ADA. This provision shall survive termination of this Agreement.
e. Agency Obligations, Paragraphs 8 through 23, shall be hereinafter re- numbered as Paragraphs 9 through 24.
f. Insert new State Obligations, Paragraph 3, to read as follows:
3. The Parties agree to:
a. Utilize ODOT standards to assess and ensure Project compliance with the Americans with Disabilities Act of 1990 (ADA), including ensuring that all sidewalks, and curb ramps meet current ODOT Highway Design Manual standards. b. Follow ODOT’s processes for design, modification, upgrade, or construction of sidewalks, and curb ramps, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, and current ODOT Curb Ramp Inspection form; c. At Project completion, complete an ODOT Curb Ramp Inspection Form 734-5020 for each curb ramp constructed, modified, upgraded, or improved as part of the Project. The completed form is the documentation required to show that each curb ramp is constructed to ODOT’s standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Form and instructions are available at the following address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Pages/HwyConstF orms1.aspx
g. State Obligations, Paragraphs 3 through 15, shall be hereinafter re- numbered as Paragraphs 4 through 16.
5. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart.
6. Original Agreement. Except as expressly amended above, all other terms and conditions of the original Agreement are still in full force and effect. Agency certifies that the representations, warranties and certifications in the original Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment.
3 22 City of Newberg/ODOT Agreement No. 28658, Amendment No. 1
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.
This Project is in the 2015-2018 Statewide Transportation Improvement Program, (Key #17099 and 19803) that was adopted by the Oregon Transportation Commission on December 18, 2014 (or subsequently approved by amendment to the STIP).
Signature Page Follows
4 23 City of Newberg/ODOT Agreement No. 28658, Amendment No. 1
CITY OF NEWBERG, by and through its STATE OF OREGON, by and through designated officials its Department of Transportation
By ______By ______Mayor Highway Division Administrator
Date ______Date ______
By ______City Manager APPROVAL RECOMMENDED
Date ______By ______Technical Services Manager/Chief APPROVED AS TO LEGAL Engineer SUFFICIENCY Date ______By ______City Attorney By ______State Traffic/Roadway Manager Date ______Date______Agency Contact: Kaaren Hofmann, City Engineer By ______City of Newberg State Right of Way Manager PO Box 970 414 E. First Street Date______Newberg, Oregon 97132 (503) 537-1223
[email protected] By ______State Contact: Region 2 Manager Kelly Amador, Senior Project Leader ODOT Region 2, Area 3 Date ______455 Airport Road SE, Building P Salem, Oregon 97301 APPROVED AS TO LEGAL (503) 986-2900 SUFFICIENCY [email protected] By______Assistant Attorney General
Date:______
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