Res 1161 - Prelim Eng CC/Ore Wy
COUNCil Bill NO. 1446
RESOLUTION NO. 1161
A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT WITH THE STATE OF
OREGON FOR PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCING TO ALIGN
COUNTRY CLUB ROAD WITH OREGON WAY AND TO IMPROVE THE TRAFFIC SIGNAL AT
ITS INTERSECTION WITH HIGHWAY NO. 140 (ALSO KNOWN AS HIGHWAY 214) AND
AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, there is an existing three-way signal at Hillsboro/Silverton Highway No,
140 and Country Club Road and Oregon Way, and
WHEREAS, to provide acceptable traffic circulation patterns on public highways the
State of Oregon and City of Woodburn plan and propose to align Country Club Road with
Oregon Way and to make roadway improvements to allow and control traffic movements
on 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 for preliminary engineering and construction financing to the realign
Country Club Road with Oregon Way and to improve the traffic signal at the intersection
of Hillsboro/Silverton Highway No, 140 (also known as Hwy 214) with the newly aligned
road,
Section 2, That the Mayor and City Recorder are authorized to sign said agreement
0" b,h,1f ofth, CIly of Woodb"m. /~ I I 714 J
Approved as to for~~ ~ ~,
City Attorney Date
APPROVED, .~ ~~
L n Kelley, ayor /
Passed by the Council
January 11, 1993
Submitted to the Mayor
January 12, 1993
Approved by the Mayor
January 12, 1993
Filed in the Office of the Recorder
ATTEST: ~~(fJ=~~er
City of Woodburn, Oregon
January 12, 1993
Page 1 - COUNCIL BILL NO, 1446
RESOLUTION NO. 1161
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Agreement No. 10,85 ;UPPLEMENT
CITY of WOODBURN"
. -
Agency shall authorize execution of this Supplemental Agreement
during a duly authorized session of its city Council.
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 July 17, 1990, as a part of the Six-Year Highway
Improvement Program (page 33),
The Oregon Transportation Commission, by a duly adopt~~
delegation order, authorized the State Highway Engineer to sign
this agreement for and on behalf of the Commission. Said
authority has further been delegated to the Manager of the
Program Section, pursuant to Subdelegation Order HWY-6,
paragraph 10.
STATE OF OREGON, by and through
its Department of Transportation
By
Region Engineer
3-- 1\- q,
By
Program Section Manager
Date
Date
APPROVED AS TO LEGAL
SUFFICIENCY
Date
THE CITY OF
thro~ugh ,j;>ts
By, ~
M yor
By I'(a-w ~
City 'RIecorder
WOODBURN, by and
Elected Officials
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By
Asst. Attorney General
Date
March 23, 1993
APPROVED AS TO LEGAL
SUFFICIENCY ~
B~~A
Citr At1torney
'3 2g/~3
ej~
THE CITY OF WOODBURN
Public Works Department
270 Montgomery St
Woodburn, OR 97071
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Approved: ODOT staff
January 5, 1993
Misc. Contracts & Agreements
No. 11,362
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".
WIT N E SSE T H
RECITALS
1. The Hillsboro/Silverton Highway, also known as State Highway
140, is a part of the State highway system under the
jurisdiction and control of the Oregon Transportation
Commission, and Country Club Road and Oregon Way are a part of
the City street system, under the jurisdiction and control of
City.
2. For the purpose of providing acceptable traffic patterns on
public highways, State and City plan and propose to realign
Country Club Road 150 feet to the east, to line up directly with
Oregon Way to the south (see Exhibit A attached hereto, and by
this reference made a part hereof), and install a new traffic
signal, hereinafter referred to as "project". The location of
the project is approximately as shown on Exhibit A.
3. The project will be financed with funds available to City
and State, in accordance with prior negotiations. State will
pay for all costs directly associated with the new signal,
including the conduit and loop detectors to tie said signal into
the existing City traffic control system. City will provide the
construction and paving necessary to install the loop detectors,
as installation should take place concurrently with City's
paving of the newly created intersection. This schedule
eliminates the need to cut into City's newly paved streets.
B1292008
Key No. 06248
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Contract No, -',362
THE CITY OF W, .DBURN
4. 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.
Traffic signal work on the project will conform to the current
State standards and specifications.
5. 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
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 funds will be used for all costs directly associated
with installation of the traffic signal to be located at the
newly created intersection of Country Club Road/Oregon Way and
the Hillsboro/Silverton Highway, including conduit and loop
detectors, These costs will be determined and tracked by
State's duly authorized project manager. All other project
costs will the responsibility of City,
2. State shall provide a fully-tested traffic signal controller
and cabinet for the new signal.
3, State shall perform the signal work inspection, signal
equipment field testing and turn-on,
4. State shall, upon satisfactory signal turn-on, perform all
required signal maintenance at no cost to City, and shall retain
complete jurisdiction and control of the timing established for
operation of the signal.
5. St~te 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, where such utilities and
facilities are located within the State highway right-of-way,
B1292008
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Contract No. 11,362
THE CITY OF WOODBURN
where such relocation or reconstruction is necessary in order to
conform the utilities or facilities to the plans for the
project.
6. State shall comp~le accurate cost accounting records for all
costs related to installation of the traffic signal located at
the newly created intersection, City may request a statement of
State costs to date at any time by submitting a written request.
When the actual total cost of State's portion of project has
been computed, State shall furnish City with an itemized
statement of said final costs, including preliminary and
construction engineering, and all contingency items attributable
to project.
7. State shall, at City expense, paint the necessary lane lines
and channelization upon completion of City's Obligation #2.
CITY OBLIGATIONS
1, City shall conduct the necessary field surveys, perform all
design work required to produce plans, specifications and cost
estimates, prepare the contract and bidding documents, advertise
for bid proposals, award all contracts and furnish all
construction engineering, field testing of materials, technical
inspection and project manager services for administration of
the contract,
2. City shall layout the necessary lane lines and
channelization, and erect the required directional and traffic
control signing for project.
3, City shall provide for all construction necessary to realign
Country Club Road and form the new intersection at Oregon Way
and the HillsborojSilverton Highway, including acquisition of
right-of-way.
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, where such utilities or
facilities are located within the right-of-way of any presently
existing City street or upon private property, where such
relocation or reconstruction is necessary in order to conform
the utilities or facilities to the plans for the project, City
may request State to arrange for said relocation, acting on
behalf of City.
B1292008
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contract No. 362
THE CITY OF WOODBURN
5. City shall be responsible for all project costs, excluding
those costs listed under state Obligations No, 1,
6. City, by execution of this agreement, does hereby give its
consent as required by ORS 373.030(2) to any and all changes of
grade within the City limits in connection with or arising out
of the project covered by this agreement,
7. Upon completion of the project and receipt from State of an
itemized statement of State's traffic signal installation costs,
City shall pay any amount which, when added to State's payment,
will equal 100 percent of the actual total expenses incurred by
City on behalf of the project.
8. Upon project completion, City shall be responsible for all
power costs for signal located at the newly created
intersection,
9. City hereby grants state the right to enter into and occupy
City street right-of-way for the performance of necessary
maintenance of the traffic signal equipment, including vehicle
detector loops.
10. City shall maintain the pavement surrounding the vehicle
detector loops installed in 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.
11. City shall provide the necessary right-of-way and easements
for any required roadway widening and for installation and
maintenance of the traffic signal equipment, including advance
detector loops,
12. City shall authorize execution of this agreement during a
regularly c'onvened session of its City Council,
GENERAL PROVISIONS
1. State and City agree and understand that a mutual review of
the tratiic signal plans and estimates will be conducted prior to
advertisement for construction bid proposals,
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,
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Contract No. 11,362
THE CITY OF WOODBURN
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 app~oved by the Oregon Transportation Commission
on July 21, 1992, as a part of the Six-Year Transportation
Improvement Program, page 73, ,~
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 by
Subdelegation Order HWY-4, paragraph 3, dated October 15, 1992,
APPROVAL RECOMMENDED
STATE OF OREGON, by and through
its Department of Transportation
By
Region Engineer
By
State Traffic Engineer
Date
Date
Date
THE CITY OF WOODBURN, by and
thr~its Elected Officials
By_ ~~I
Mayor
By jJ~~
City corder
APPROVED AS TO
LEGAL SUFFICIENCY
By
Asst, Attorney General
APPROVED AS TO
LEGAL SUFFICIENCY
Date Janua ry 13. 1993
By
City Attorney
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HILLSBORO/SILVERTON HIGHWAY @ COUNTRY CLUB RD
HILiSBORO/SILVERTON HWY, Marion County, MP 37.10
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MEMORANDUM OF AGREEMENT
1. Parties. The parties to this agreement are the City of Woodburn (City). an
Oregon municipal corporation and Chappell Development of Oregon, Inc. (Chappell),
an Oregon corporation.
2. Financial Commitment to Particioate. In consideration of City's agreement to
undertake a study of long~range development in the 1-5/Highway 214 interchange
area, which will ultimately result in amendment to City's Comprehensive Plan and
facilitate development in the area, Chappell agrees to pay to City one-third of the
amount charged to City by Kittelson and Associates, Inc. (Kittelson) pursuant to the
Authorization for Professional Services to be entered into between Kittelson and City,
a copy of which is attached hereto as Exhibit" A" and, by this reference, incorporated
herein.
3. Pavment Schedule. Upon receipt of an invoice from Kittelson, City shall
forward a copy of the invoice to Chappell and Chappell shall pay to City one-third of
the amount noted upon said invoice within 30 days of its receipt.
4. Leoal Expenses. If a legal action is brought by either party under the terms of
this agreement, the losing party shall pay the prevailing party such reasonable
amounts for fees, costs and expenses as may be set by the court.
Dated this
day of
Y: VI' {f;'9i/\ /
r
,1993.
CITY OF WOODBURN
Accepted for
CHAPPELL DEVELOPMENT OF
OREGON, INC.
By: ,{~ ,I( dh7
Title: l11~~
By: ~'r C~
Title: yt"--"':,~
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