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HomeMy WebLinkAboutCouncil Resolution 1015RESOLUTION NO. ib ( S A RESOLUTION AUTHORI7,ING JURISDICTIONAL TI2ANSEER AGREEMENT FOR ROGUE VALLEY HIGHWAY NO. 63 (OR 99) MILE POST 1.64 TO 2.18 IN THE CITY OF CENTRAL POINT WHEREAS, the City Council of the City of Central Point previously passed Resohrtion No. 997. A Resolution Declaring the City Council's Intention to Assume the Jurisdiction of highway 99 within the City limits of Central Point; and WHEREAS. the City Council deems that the public necessit}~, coilvenieuce and genera] welfare require such jurisdictional control; and WHEREAS, the City statThas worked with the State to enter into a Jurisdictional Transfer Agreement attached here to as "Exhibit A". NOW, THERF.I:ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, that the Mayor and City Administrator are here by authorized to sign Jurisdictional 'T'ransfer Agreement No. 746 "Exhibit A"with the State of Oregon for the transfer of portions of Highway 99 within the City limits to the City of Central Point. Passed by the Council and singed by me in authentication of its passage this ~T~"day of , 2004. Mayor IIanl< ~~~illiams ATTEST: City Recorder ~~ ~1ti Approved by me this ~ dap of _~~ .2004. Mayor Hank Williams Jurisdictional Transfer Agreement No. 746 JURISDICTIONAL TRANSFER AGREEMENT Rogue Valley Highway No. 63 (OR 99) MP 1.64 to 2.18 City of Central Point 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 CENTRAL POINT, acting by and through its elected officials, hereinafter referred to as "City". RECITALS 1. Rogue Valley Highway is under the jurisdiction and control of the Oregon Transportation Commission. Rogue Valley Highway, State Highway No. 63 is also designated State Route OR 99. 2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter into cooperative agreements with the counties, cities and units of local governments for the performance of work on any highways, streets or roads with the allocation of costs on terms and conditions mutually agreeable to the contracting Parties. 3. By the authority granted in ORS 366.395, State may relinquish title to any of its property not needed by it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State. 4. Pursuant to ORS 373.010 whenever the routing of any state highway passes through the corporate limits of any city, State may locate, relocate, reroute, alter or change any routing when, in its opinion, the interests of the motoring public will be better served. 5. The State maintains a state route system to assist the motoring public in their travels. Designated routes may be composed of both state highway and local roads. Designation and elimination of state routes are under the authority of the Oregon Transportation Commission. 6. For the purpose of furthering the development of a state highway system adopted in all particulars to the needs of the people of the State of Oregon, State and City have determined that a jurisdictional exchange of highway of the State should be accomplished. 7. For the purpose of providing acceptable traffic patterns on public highways, State and City agree to eliminate from the state highway system a portion of the Rogue Valley Highway, hereinafter designated as Unit 1. Agreement No. 746 City of Central Point 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. Subject to the provisions of this Agreement, State and City agree, conditioned upon approval by the Oregon Transportation Commission, to a transfer of highway as further described below in Unit 1, hereinafter referred to as Project. Unit 1 will be eliminated as a portion of the State Highway and the state highway system and will pass to and vest in City. City shall maintain Unit 1 as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby. If said right-of-way is no longer used for transportation purposes, it shall automatically revert to State. This section of roadway will retain the State Route OR 99 designation. 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 term of this agreement begins on the date all required signatures are obtained and terminates upon acceptance and recording of the transfer document or within two calendar years of completion of Project and final payment, whichever is earlier. The State shall pursue approval by the OTC or designee, and the actual transfer of property shall be accomplished by recording of the Jurisdictional Transfer Document. STATE OBLIGATIONS State agrees to reimburse City, in an amount not to exceed $1,031,949 in accordance with the following payment schedule: • $900,000 State Funds (Key No. 12686) Adoption of a Resolution by the Oregon Transportation Commission approving the transferor October 1, 2004, whichever is later. • $131,949 State Funds (Key No. 12686) October 1, 2007 1. Upon adoption of a Resolution by the Oregon Transportation Commission or designee, providing for elimination of Unit 1, as hereafter defined, as a portion of the state highway system, and acceptance and recording of a Jurisdictional Transfer Document, State shall formally eliminate Unit 1 as a portion of the State Highway and from the state highway system as shown in Exhibit A. All right, title, and interest of State, including all jurisdiction, maintenance, and control shall pass to and vest in City. If said right-of-way is no longer used for transportation purposes, it shall automatically revert to State. Unit 1 is described as follows: 2 Agreement No. 746 City of Central Point Unit 1: All land within the right-of-way boundaries of the Rogue Valley Highway, State Highway No. 63 as presently located from Engineering Station 526+44 (MP 1.64) running southeasterly to Engineering Station 630+01 (MP 3.60), excluding Bridge No. 01935A and lying in Section(s) 3, 10 and 11, Township 36S, Range 2W, Willamette Meridian, Jackson County, Oregon. 2. State shall retain ownership of Bridge No. 01935A, located at approximately Engineering Station 555+14 until such a time that the structure is replaced or altered to adequately allow the passage of a 50 year storm and designed fora 50 year life. State shall also retain responsibility for scour protection, flooding and major structural repairs of said bridge. 3. State shall also retain ownership and control of the traffic control devices located at the intersection of Rogue Valley Highway with Scenic Avenue and Beall Lane, as these signals are outside of the boundaries of Unit 1. 4. State hereby relinquishes all maintenance and repair responsibilities and liability over Unit 1, and City hereby accepts all maintenance responsibility for Unit 1, upon execution of this Agreement. 5. State agrees to furnish City any maps, records, permits, and any other related data available that may be required to administer the transferred portion of Rogue Valley Highway. 6. State's Project Manager for this project is John Vial, District 8 Manager, 200 Antelope Road, White City OR, 97503-1603, (541) 774-6355. CITY OBLIGATIONS 1. City agrees to accept all of State's right, title and interest in Unit 1; to accept jurisdiction and control over the property, and to maintain the property as a portion of its city street system as long as needed for the service of persons living thereon or a community served thereby, including all traffic signals, signs and illumination and all things and appurtenances within the transferred right-of-way. Any right-of- way being transferred in which State has any title shall be vested in City so long as it is used for transportation purposes. If said right-of-way is no longer used for transportation purposes, it shall automatically revert to State. 2. City shall also accept routine maintenance responsibilities for Bridge No. 01935A which include deck and surface maintenance, removing drift, cleaning drainage systems, vegetation removal, rail repair, damage caused by traffic accidents, graffiti removal, and all other routine maintenance. City is not responsible for scour protection, flooding or major structural repairs. 3 Agreement No. 746 City of Central Point 3. At such a time that State replaces or alters Bridge No. 01935A to adequately allow the passage of a 50-year storm and designed fora 50-year life, City agrees to enter into a jurisdictional transfer agreement with State to accept ownership of the structure. 4. City is aware that title of Unit 1 will not be vested in City until the subsequent Jurisdictional Transfer Document is executed by State and recorded with the county in which City is located. However, City agrees to accept all liability and maintenance responsibilities, as described in Paragraph 1 and 2 of City Obligations, immediately upon execution of this Agreement. 5. City shall return permit files, utility permit files, right-of-way maps and as-built files to State if any or a portion of Unit 1 reverts to State, or in the event that the Oregon Transportation Commission or designee does not approve the transfer. 6. City, and any of its contractors working on Unit 1 shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation, its officers and employees from any and all claims, suits, and liabilities which may occur in the performance of this project. 7. Notwithstanding the foregoing defense obligations under Paragraph 6 above, neither City nor any attorney engaged by City shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that City is prohibited from defending the State of Oregon, or that City is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against City if the State of Oregon elects to assume its own defense. GENERAL PROVISIONS 1. The properties above described are relinquished and transferred subject, however, to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. 2. This Agreement may be terminated by mutual written consent of both Parties. State may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of the following conditions: 4 Agreement No. 746 City of Central Point a. If City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. 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 State, fails to correct such failures within 10 days or such longer period as State may authorize. c. If the Oregon Transportation Commission fails to adopt a resolution approving of the Jurisdictional Transfer of Unit 1 to City. 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 if State 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. 3. If City fails to maintain facilities in accordance with the terms of this Agreement, State, 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. 4. All employers, including State and City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. State and City shall ensure that each of its subcontractors complies with these requirements. 5. State and 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, State and 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. 5 Agreement No. 746 City of Central Point 6. State and City acknowledge and agree that 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 State and City which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 7. Each party hereby grants the other party authority to enter onto each other's right-of- way for the purpose of performing any required work or maintenance services under this Agreement. 8. 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 State to enforce any provision of this Agreement shall not constitute a waiver by State 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 on November 17, 2003, Key number 12686, page 105. 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 6 Agreement No. 746 City of Central Point 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. CITY OF CENTRAL POINT, by and through its Elected Officials STATE OF OREGON, by and through its Department of Transportation Title Date Title Date Deputy Director, Highway Division Date APPROVAL RECOMMENDED By Region 3 Manager Date Title Date Right-of-Way Manager Date APPROVED AS TO CONTENT City Attorney Technical Services Manager/Chief Engineer Date APPROVED AS TO LEGAL SUFFICIENCY Asst. Attorney General Date 7 JURISDICTIONAL TRANSFER N0. 746 EXHIBIT A sl a - -~ - 1 p ~-L Z..' 9R I og ..e. I ~ ~. __t 4~ ~ - -CENTRAL POIN~ ~~~~ ~ _ -14 r i e a e M.P. 1.64= ~ p , r `. 41 f ~ ~~ ~ ~j\\ h ~ > Eng. Sta. 526+44 ~~ - ~ ~,I~~ ~ y I ~. 4 p •• ~I ~J' I ~ ~ ~ s e y M.P. 2.18 0 e +' sa«' +a \ °a 4 ti p ~` r "e ~ \~ ~~ e ems. ~~ w v. 99 ~ 9 .. / µ 9 o.f~ 8~ n~ p ~prrc d» pi'e`. `~ ~ ..,,r°~~ ~ ,1 q~~ -~.u. e ~ "~ a ~ 41r~ 4:vy. M.P. 3.60= ~'~ ~ ~, ~ ~ ~i ~"PO~• ~6'~ ~~ ~~~`~ _.e "„~ og Eng. Sto. 630+01 B ~` =-`m~ ~• ~ i :f= `mow r „v ~ ~ n 9®~V~"li ~~ _._ p ~" i i ~ 9 + _ a sl J _ ~ '~ y .,e I ~ I ~~ OREGON DEPARTMENT OF TRANSPORTATION ROGUE VALLEY HIGHWAY NOo 063 MoPo 1e64 TO M,Pa 3,6 UNIT 1 ROGUE VALLEY HIGHWAY (STATE HWY. N0. 063) JACKSON COUNTY SECS. 3, 10 & 11 T. 36 S., R. 2 W., W.M. CITY OF CENTRAL POINT, OREGON