Res 1187 - Traffic Signal BiM/K
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COUNCIL BILL NO. 1480
RESOLUTION NO. 1187
A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE
OF OREGON, BI-MART CORPORATION AND/OR GFI WOODBURN INVESTMENTS
LTD. FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING TO
INSTALL A TRAFFIC SIGNALAT THE BI-MART/KMART SHARED ACCESS TO STATE
HIGHWAY 214 AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN
SUCH AGREEMENT.
WHEREAS, Ordinance No. 2106 was passed by the Woodburn City Council on
May 24, 1993 setting up a special assessment district to install a traffic signal at the Bi-
Mart/Kmart shared access with Highway 214, and
WHEREAS, to proYide acceptable traffic circulation pattern on public highways
the City of Woodburn, the State of Oregon, Bi-Mart Corporation, and GFI Woodburn
Investments plan to install and maintain a Vaffic signal at the Bi-Mart/Kmart shared access
with Highway 214 to allow and control traffic movements at this intersection, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a cooperative improvement
agreement which is attached as exhibit "A" and by this reference incorporated herein, with
the State of Oregon, Bi-Mart Corporation, and GFI Woodburn Investments for preliminary
engineering and construction financing to install a traffic signal at the Bi-Mart/Kmart
shared access with Highway 214.
Section 2. That the Mayor and City Recorder are authorized to sign such
agreement on behalf of the City of Woodburn. /' I I
APPROVED AS TO FOR~ ~ ~ 2 Lj "13
City Attorney Date
APPROVED: ~ ~~
Le Kelley, Mayor
Passed by Council:
June 28, 1993
Submitted to Mayor:
June 29, 1993
Approved by Mayor:
June 29, 1993
Filed in the Office of the Recorder
ATTEST: {!{a:J;;;--';:A'~/>-~
Mary enn nt, City R~~;:der
City of Woodburn, Oregon
June 29, 1993
Page 1 - COUNCIL BILL NO. 1480
RESOLUTION NO. 1187
Approved ODOT Staff:
June 11, 1993
Misc. Contracts << Agreements
No. 11,417
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"; BI-MART
CORPORATION and/or GFI WOODBURN INVESTMENTS LTD., which are
authorized to transact business in the State of Oregon, acting
by and through their Company Officials, hereinafter collectively
referred to as "Company"; and the CITY OF WOODBURN, acting by
and through its Elected Officials, hereinafter referred to as
"City".
WIT N E SSE T H
RECITALS
1. For the purpose of providing acceptable traffic circulation
patterns on public highways and roads in the vicinity of
developments on property owned by Company; State, City and
Company plan and propose to install a traffic signal at the
intersection of Hillsboro/Silverton Highway No. 140 and the
Company-owned accesses atMP 39.07 on Highway 140, in the City
of Woodburn, hereinafter referred to as "project". The location
of project is approximately as shown on the sketch map attached
hereto, marked Exhibit A, and by this reference made a part
hereof. Company shall pay for all project costs.
2. By the authority granted in ORS 366.425, State may accept
deposits of money or an irrevocable letter of credit from any
person, firm, or corporation for the performance of work on any
public highway within State. When. said money is deposited,
State shall proceed with the project. Money so deposited shall
be disbursed for the purpose for which it was deposited.
3. By the authority granted in ORS 366.770 and 366.775, State
may enter into cooperative agreements with the counties and
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. This
project will be financed with Company funds.
B3292003
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Contract No. 11,7
BI-MART CORP. &. \"_1 WOODBURN INV. LTD. / CI1~ OF WOODBURN
4. By the authority granted in ORS 810.210, State is authorized
to determine the character or type of traffic control signals 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 signals shall be erected
or maintained upon any State highway by any authority other than
the State, except with its written approval. Traffic signal
work on this project shall conform to the current State
standards and specifications.
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 review and approve all roadway and traffic
signal plans and specifications prior to advertisement for bid
proposals.
2. State shall inspect the construction of the project to
insure all work on the project conforms to current State
standards.
3. State shall perform the signal equipment field testing and
turn-on.
4. State shall, upon signal turn-on and proper operation,
perform all normal and necessary maintenance of the traffic
signal and state highway at the project location, and pay all
maintenance costs at no expense to City or Company; and shall
retain complete jurisdiction and control of the timing
established. for operation of the traffic signal.
5. State shall compile accurate cost accounting records.
Company may request a statement of State costs to date at any
time by submitting a written request. When the actual total
cost of the project has been computed, State shall furnish
Company with an itemized statement of said final costs,
including any engineering and contingency items attributable to
project.
~ "
6. State shall paint necessary lane lines prior to signal
turn-on.
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Contract No. 11,4l7
BI-MART CORP. & GFI WOODBURN INV. LTD. j CITY OF WOODBURN
COMPANY OBLIGATIONS
1. Company shall be responsible for all costs to install
traffic signal at the intersection of the HillsborojSilverton
Highway No. 140 and Company's accesses at milepoint 39.07,
unless City assumes the responsibility of funding by creating an
assessment district. '..'
2. Company shall conduct the necessary traffic investigations,
identify and obtain the required permits, arrange for relocation
or adjustment of any conflicting utility facilities, and perform
all preliminary engineering and design work for the traffic
signal portion of project.
3. Company shall prepare traffic signal plans and
specifications.
4. Company shall advertise for bid proposals, award all
contracts and furnish all construction engineering, materials
testing, technical inspection and project manager services for
administration of the contract for the project. All design and
construction work will be performed by the Company, to State
Highway Standards.
5. Company shall provide a fully tested traffic signal
controller and cabinet for the project intersection, including
conduit and detector loops.
6. As part of their portion of project, Company shall supply
and install electrical conduit on Highway No. 140 within project
limits, as specified by State, between Company's accesses and
Pacific Highway East No. IE. 'Said conduit shall be used in the
future by state to install interconnect wires between the two
intersections.
7. Company shall provide the necessary rights-of-way and
easements for any required roadway work and shall furnish all
related right-of-way maps and descriptions for said
right-of-way.
8. Company shall comply with all requirements and conditions of
Approach Road Permits, Numbers 31704 and 03A35021, issued by
State.
9. Company hereby grants State the right to enter into and
occupy Company right-of-way for the inspection of the project
and the necessary maintenance of the traffic signal equipment,
including interconnect and vehicle detector loops.
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Contract No. 11, 7
BI-MART CORP. EX ".1 WOODBURN INV. LTD. / CI'L OF WOODBURN
10. Company shall maintain the pavement surrounding the vehicle
detector loops installed in Company accesses in such a manner as
to provide adequate protection for said detector loops, and
shall adequately maintain the pavement markings and signing
installed on Company property in accordance with the plans and
specifications for the project.
11. If City does not create an assessment district (see City
Obligations No.2), then upon completion of the project and
receipt from state of an itemized statement of the actual total
cost of the project, Company shall pay any amount which, when
added to any advance deposits, will equal 100 percent of actual
total State costs for the project, including preliminary and
construction engineering, and all contingency items attributable
to the project. Any portion of said advance deposits which is
in excess of total State costs will be refunded or released to
Company.
CITY OBLIGATIONS
l. City hereby grants State and Company the right to enter into
and occupy City street right-of-way for the installation of, and
the performance of necessary maintenance for the traffic signal
equipment, including interconnect and vehicle detector loops.
2. City may create an assessment district in accordance with
City Ordinance to pay for the cost of this project, and assess
the fair share cost to benefitted properties and thus assume
responsibility for traffic signal installation funding.
3. City shall maintain the asphaltic concrete pavement
surrounding the vehicle detector loops installed in the City
streets in such a manner as to provide adequate protection for
said detector loops, and shall adequately maintain the pavement
markings and signing installed in accordance with the plans and
specifications.
4. City shall, upon signal turn on and proper operation,
provide and pay for 100 percent of the power costs for the
traffic signal.
5. City s~all enter into and execute this agreement during a
duly authorized session of its City Council.
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Contract No. 11,417
BI-MART CORP. & GFI WOODBURN INV. LTD. / CITY OF WOODBURN
GENERAL PROVISIONS
1. Company or City shall, upon receipt of a fully executed copy
of this agreement, forward to State an advance deposit or an
irrevocable letter of credit in the amount of $1,000, said
amount being equal to the estimated total cost for the review of
plans and specifications, and construction inspectioh'for the
project.
2. State, City, and Company agree and understand that a mutual
review of the traffic signal and roadway improvement plans and
specifications will be conducted prior to advertisement for
construction bid proposals, and that State's prior written
approval is necessary before such advertisement.
2. The Contractor, its subcontractors, if any,' and all
employers working under this agreement are subject employers
under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers'
compensation coverage for' all their subject workers.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written.
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Contract No. 11 7
BI-MART CORP. &: :1 WOODBURN INV. LTD. / Cl . OF WOODBURN
The Oregon Transportation Commission, by a duly adopted
delegation order, authorized the State Highway Engineer to sign
this agreement for and on behalf of the Commission. Said
authority has been further delegated to the Traffic Engineer
pursuant to Subdelegation Order HWY-4, paragraph 3.
:~L'Wr~
' ~Engineer
ate b-/4--"J?
STATE OF OREGON, by and through
its Department of Transportation
By
Traffic Engineer
Date
APPROVED AS TO
LEGAL SUFFICIENCY
Bi-MART CORPORATION, by and
through its Company Officials
By
Asst. Attorney General
By
Ti tle.
Date
Date
By
WOODBURN, by and
its lected Officials GFI WOODBURN INVESTMENTS, LTD.,
by and through its
Company Officials
M yor
By If/aA-';!. --7~~k-
Record~
By
Title
Date June 29. 1993
Date
BILLING ADDRESSES
Bi-Mart Corp.
220 S. Senaca Road
Eugene, OR,:-S17402
GFI Woodburn Investments, Ltd.
74 East 500 South, Suite 200
Bountiful, Utah, 84010
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