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Res 1384 - Agmt 14571 Tr Sign "", COUNCIL BILL NO. 1752 RESOLUTION NO. 1384 A RESOLUTION ENTERING INTO COOPERATIVE IMPROVEMENT AGREEMENT NUMBER 14,571 WITH THE STATE OF OREGON FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING FOR A INSTALLATION OF A TRAFFIC SIGNAL AT THE NORTHBOUND RAMP OF THE STATE HIGHWAY NUMBER 1, ALSO KNOWN AS INTERSTATE 5, TO STATE HIGHWAY 140, ALSO KNOWN AS HIGHWAY 214, AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT. WHEREAS, The State of Oregon, by authority granted in ORS 366.770 and 366.775 may enter into cooperative agreements with cities for the performance of projects, and WHEREAS, The State of Oregon and City of Woodburn have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic, to improve the intersection of State Highway No.1 (1-5) and State Highway 140 (OR 214) by installing a new traffic signal; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter in cooperative improvement agreement 14,571, which is attached as Exhibit "A" and by this reference incorporated herein, with the State of Oregon for preliminary engineering and construction financing to install a traffic signal at the northbound ramp of State Highway No.1 (1-5) to State Highway No. 140. (OR 214). Section 2. That the mayor and City Recorder are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to for~ ,rrvr ~ q.-- ( 1.--, 1 G, City Attorney Date Passed by the Council APPROVED: ~CYYlA'.. /I~.L" Nancy A~rksey, Mayoy September 23, 1996 Submitted to the Mayor September 24, 1996 Approved by the Mayor September 24, 1996 September 24, 1996 Filed in the Office of the Recorder ATTEST: /J1~~~ , Mary q1e~nant~ Re~~er City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1752 RESOLUTION NO. 1384 r EXHIBIT n A n ..-..." September 5, 1996 Misc. Contracts & Agreements No. 14,571 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE 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, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City". RECITALS 1. The Pacific Highway, State Highway No.1, including its on and off ramps, and the Hillsboro-Silverton Highway, State Highway No. 140, also known as OR 214, are part of the State Highway system under the jurisdiction and control of the Oregon Transportation Commission, The intersection of these two highways is located within the city limits of City. 2. By the authority granted in ORS 366.770 and 366. n5, State may enter into cooperative ' agreements with cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State and City, in their judgment, have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic, to improve the intersection of the Pacific Highway northbound ramp and the Hillsboro-Silverton Highway by installing a new traffic signal, hereinafter referred to as project, The location of the project is approximately as shown on the map attached hereto, marked Exhibit A, and by this reference made a part hereof. 4. The project will be financed with 100 percent City funds with the exception of STATE OBLIGATIONS 1 through 7, which shall be paid for by State at no cost to City. 5. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used and to place or erect them upon State highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained , or operated upon any State highways by any authority other than the State, except with its written approval. 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. State shall, at its own expense, review and approve all roadway and traffic signal construction plans, specifications, and contract documents prior to advertisement for construction bids for project, 2, State shall, at its own expense, review and approve signal timing prior to signal turn-on. " - Agreement No. 14,571 ODOT/City of Woodburn September 5, 1996 Page 2 3. State shall retain complete jurisdiction and control of the timing established for operation of the traffic signal. 4. State shall, at its own expense. perform the, signal equipment environmental testing. field testing, and turn-on in accordance with current State procedures. 5, State shall, at its own expense. inspect project to ensure State standards are met. 6. State hereby grants City and its contractor the right to enter onto and occupy State highway right-of-way for the performance of this project. 7. State shall perform all maintenance on the traffic signal and shall pay 100 percent of the costs for said maintenance. CITY OBLIGATIONS 1. City shall. at its own expense, conduct the necessary traffic investigations; identify and obtain or issue the required permits; arrange for relocation or adjustment of any conflicting utility facilities; perform all preliminary engineering and design work required to produce plans. specifications, and cost estimates for the project; advertise for bid proposals; award all contracts; pay all contractor costs; fumish all construction engineering, material testing. technical inspection. and project manager services, except as noted in STATE OBLIGATIONS. for administration of the contract; and produce "As Constructed" plans at the completion of the project for State files. 2. City shall obtain State review and approval of all roadway and traffic signal construction plans, specifications. and contract documents prior to advertisement for construction bids for project. 3. City shall obtain State review and approval of signal timing prior to signal tum-on. 4, City shall relocate or reconstruct, or cause to be relocated or reconstructed. all privately or publicly owned utility conduits, lines. poles. mains, pipes, and all other such facilities of every kind and nature, including sign bridges, where such utilities or facilities are located within the right-of-way of any presently existing state highway or private property, where such relocation or reconstruction is necessary in order to conform the utilities or facilities to the plans for the project. 5, City shall compile and maintain accurate cost accounting records for the project and fumish State with an itemized statement of said final costs, including preliminary engineering. construction engineering, contractor payment, and all contingency items attributable to the project, 6, City shall pay 100 percent of the power costs for signal. r - Agreement No. 14,571 ODOTlCity of Woodburn September 17, 1996 Page 3 7. City hereby grants State the right to enter onto and occupy City street right-or-way for the performance of this project 8. City agrees that State standards will be used when designing and constructing any portion of the project. 9. City, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, accepts liability for any accidents or damage occurring as a result of the City's negligent acts when City personnel are working on State property. 10. City shall require contractor to obtain and keep in effect during the term of the contract Comprehensive or Commercial General Liability Insurance covering bodily injury and property damage. This insurance shall Include personal Injury coverage, contractual liability coverage for the Indemnity provided under this agreement and products/completed operations liability. Combined single limit per occurrence shall not be Jess than $1,000,000 or the equivalent. Each annual aggregate limit shall not be Jess than $1,000,000, when applicable. The certificate of insurance shall include the State of Oregon, Transportation Commission and its members, Department Of Transportation, officers and employees as additional insured. City shall provide a copy of the certificate to State prior to construction of the project. GENERAL PROVISIONS 1. City, Its subcontractors, if any, and all employers working under this agreement are subject employers under Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires th~m to provide workers' compensation coverage for alllheir subject workers. . 2. This agreement may be terminated by mutual consent of both parties, or by either party upon 30 days' notice, in writing and delivered by certified mail or in person. State 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: 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 correc.t such failures withIn ten days or such longer period as State may authorize. 'I' - Agreement No. 14,571 ODOT/City of Woodburn September 5, 1996 Page 4 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. On May 7, 1996, the Oregon Transportation Commission adopted DeJegation Order 2, which grants authority to region managers to approve and execute agreements for work. in the approved workplan budget. CITY OF WOODBURN, by and through its Elected Officials APPROVAL RECOMMENDED By By State Traffic Engineer Title Date By By District Manager Title Date By Title STATE OF OREGON, by and through its Department of Transportation Date By . Region Manager City Contact and Address: Date Randy Rohman City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General Date l' ~" IlL ......-....... M.I". Z1U' . /.. ~esl dbum ..J HWY. I I PROPOSED PROJECT I I I <0 Ol an < (/) < u. -- I 5AHT1AM CII. --~ .--- Ii! / !.~ PARA P..... 110. 110. ~ WOODBURN MARION COUNTY . ~.,--~ . ~--~ ... _ FEET J 100 METERS .J I I . / J ... KEY TO STREET PREFIX .......----.... f I L_~ - .~I ~.