Res 1114A - Install Traf Sgnl
COUNCIL BILL NO. 1380
RESOLUTION NO. 1114-4
A RESOLUTION ENTERING INTO A COOPERATIVE IMPROVEMENT AGREEMENT WITH THE
STATE OF OREGON AND WAL-MART STORES. INC. FOR THE INSTALLATION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF HILLSBORO/SILVERTON HIGHWAY AND
EVERGREEN. AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH
AGREEMENT. AND REPEALING RESOLUTION 1078.
WHEREAS, the City previously passed resolution 1078. authorizing execution of a
cooperative improvement agreement between the State of Oregon, Wal-Mart Stores. Inc, and
the city in the form attached to said resolution, and
WHEREAS, the other parties to said agreement have proposed that the form of
agreement be changed to allow interconnection of the proposed traffic signal at the
intersection of HillsborolSilverton Highway and Evergreen with the existing traffic signal at
the intersection of HillsborolSilverton Highway and Country Club Road, and
WHEREAS, the City has no objection to this change in the form of the agreement,
NOW. THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Recorder are authorized to execute an agreement
with the State of Oregon and Wal-Mart Stores, Inc in the form which is attached to this
resolution and, by this reference, incorporated herein.
Section 2. Th~O).\.j.tLoJ1 J~ ?~~
Approved as to form: () /' (YO[rl7( 3 - S - ? Z
City Attorney Date
APPROVED: 1- Nri W f<vwLA.---
FRED W. KYSER, ~
March 9, 1992
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: /il~~~
Mary Tennatlt, City Recorder
City of Woodburn, Oregon
March 10, 1992
March 10, 1992
March 10, 1992
Page 1 -
COUNCIL BILL NO. 1380
RESOLUTION NO. 1114
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Approved OSHD Staff
February 25, 1992
Misc. Contracts & Agreement
No. 10754
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, Highway Division, hereinafter referred to as
"State"; WAL-MART STORES, INC., who is authorized to transact
business in the State of Oregon, acting by and throu~h its
company Officials, hereinafter 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 a
development on property owned by Company, State, City and
Company plan and propose to install a traffic signal at the
intersection of Hillsboro/Silverton Highway and Everqreen and to
interconnect it with the existinq traffic signal at the
intersection of Hillsboro/Silvertoh Hiqhway and Country Club
Road 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. Project will be funded by Company
and State maintenance funds. State shall provide a fully tested
traffic signal controller and cabinet for the intersection at
Hillsboro/Silverton Highway and Country Club Road and shall
provide the materials, except for the conduit, and installation
for the interconnect between Evergreen and County Club Roads.
Company shall be responsible for all other project costs.
2. State, Company, and City understand that the signal location
may not be permanent, and relocation may occur when the future
highway modernization project, Pacific Highway East - Park
Street, is constructed.
3. 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 or a letter of
credit is deposited, state shall proceed with the project.
Money so deposited shall be disbursed for the purpose for which
it was deposited.
B3291004
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Contract No. 10754
WAL-MART STORES, INC. j CITY 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
construction bids.
2. State shall, at no expense to Company or City, provide a
fully tested traffic signal controller and cabinet for the
HillsborojSilverton Highway at CoUntry Club Road intersection,
and will also provide and install the interconnect between
Evergreen and Country Club Roads, except as provided for in
Company Obligations, Number 5.
3. State shall inspect the construction of the project to
insure all work on the project conforms to current State
standards.
4. State shall perform the signal equipment field testing and
turn-on.
5. State shall, upon signal turn-on and proper operation,
perform all necessary maintenance of the traffic signals, 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 signals.
6. State shall compile accurate cost accounting records.
Company may request a statement of State costs to date at
B3291004
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Contract No. 10754
WAL-MART STORES, INC. j CITY OF WOODBURN
anytime by submitting a written request. When the actual total
State costs of the traf~ic signal portion of project have been
computed, State shall furnish Company with an itemized statement
of said final costs, including preliminary and construction
engineering, and all contingency items attributable to project.
7. State shall paint necessary lane lines upon completion of
Company Obligation number 6.
COMPANY OBLIGATIONS
1. 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.
2. Company shall prepare traffic signal plans and
specifications.
3. Company shall provide the necessary right-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.
4. Company shall advertise for bid proposals, award all
contracts and furnish all construction engineering, material
testing (other than the Country Club controller), technical
inspection, and project manager services for administration of
the contract for the traffic signal.
5. Company shall fund the entire traffic signal installation at
the intersection of the HillsborojSilverton Highway and
Evergreen, except as provided for under State Obligations,
Number 2. As part of their portion of project, Company shall
also install electrical conduit as specified by State between
Evergreen and Country Club Roads. Said conduit shall be used by
State to install interconnect wires between the two
intersections.
6. Company shall layout the necessary lane lines and
channelization, and erect the required directional and traffic
control signing for the project.
7. Company shall, upon receipt of a fully executed copy of this
agreement, forward to state an advance deposit or irrevocable
letter of credit in the amount of $10,000, said amount being
equal to the estimated total cost for the review of plans and
specifications, and construction inspection for the project.
B3291004
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Contract No. 10754
WAL-MART STORES, INC. / CITY OF WOODBURN
8. Upon completion of the project and receipt from State of an
itemized statement of the actual total cost of State's
participation, Company shall pay any amount which, when added to
Company's advance deposits, will equal 100 percent of actual
total State costs (except as identified under state Obligations
No.2) 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 the total State costs will be refunded or released to
Company. '
9. Company shall obtain and keep in effect during the term of
this 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 occurance shall not be less than
$1,000,000, or the equivalent. Each annual aggregate limit
shall not be less than $1,000,000, when applicable.
The liability coverages required for performance of the
agreement shall include the State of Oregon, Department of
Transportation and their divisions, officers and employees, as
Additional Insureds but only with resp~ct to Company's
activities to be performed under this hgreement.
Before this agreement is executed, Company shall furnish to
state a Certificate of Insurance for the limits set out above,
which is to be in force and applicable to the project.
The insurance coverage shall not be amended, altered, modified
or cancelled insofar as the coverage contemplated herein is
concerned without at least 30 days prior written notice.
CITY OBLIGATIONS
1. 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 vehicle detector loops.
B3291004
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Contract No. 10754
WAL-MART STORES, INC. / CITY OF WOODBURN
2. 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.
3. City shall, upon signal turn on and proper operation,
provide and pay for 100 percent of the power costs for the
traffic signal.
4. City shall enter into and execute this agreement during a
duly authorized session of its City Council.
GENERAL PROVISIONS
1. 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.
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Contract No. 10754
WAL-MART STORES, INC. / 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 approved by the Oregon Transportation
Commission on July 23, 1991, as part of the Six-Year Highway
Improvement Program.
The Oregon Transportation Commission, by a duly adopted
delegation order, authorized the State Highway Engine~~ 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.
By
Region Engineer
STATE OF OREGON, by and through
its Department of Transportation
Highway Division
APPROVAL RECOMMENDED
By
Traffic Engineer
APPROVED AS TO
LEGAL SUFFICIENCY
Date
By
Asst. Attorney General
WAL-MART STORES, INC.
by and through its
Company Officials
By
CITY OF WOODBURN, by and through
it. El.;llff'f~
By 111 U/
Mayor
By /1a~~~
Recorde
Title
Date
Date March 10, 1992
Company billing address:
Wal-Mart Stores, Inc.
701 South Waldon Blvd.
Bentonville, AR 72716
Phone: (SOl) 273-4000
By
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PREPA.RED BY THE
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WOODBURN
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MARION COUNTY. OREGON
OREGON STATE HIGHWAY DIVISION ,/
IN COOPERATION WITH fME ~'
U. S. DEPARTMENT OF TRANSPORTATION ' ~
FEDERAL HIGHWAY ADMINISTRATION
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Revised September 1974
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COUNCIL BILL NO. 1335
RESOLUTION NO. 1078
A RESOLUTION ENTERING INTO A COOPERATIVE IMPROVEMENT AGREEMENT WITH THE
STATE OF OREGON AND WAL-MART STORES, INC. FOR THE INSTALLATION Or: A
TRAFFIC SIGNAL AT THE INTERSECTION OF HIUSBORO/SILVERTON HIGHWAY AND
EVERGREEN AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN SUCH
AGREEMENT.
WHEREAS, Wal-Mart Stores, Inc. is planning to develop property it owns, and
WHEREAS, to provide acceptable traffic circulation patterns on public /:lighways and roads
in the vicinity of the developed property the State of Oregon, City of Woodburn, and WaI-Mart
Stores, Inc. plan and propose to install a traffic signal at the intersection of Hillsboro/Silverton
Highway and Evergreen, and
WHEREAS, the agreement has been reviewed by the City Attorney, 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 and WaI-Mart Stores, Inc. to instaD a traffic signal at the intersection of Hillsboro/Silverton
Highway and Evergreen.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement on
behalf of the City. n
Approved as to for~~ G-k2 0 - 2 z - 0; I
City Attorney Date
ApeROVED, 'Iad"J r
Fred W. Kyser, Mayor
Passed by the Council August 26, 1991
Submitted to the Mayor
August 27, 1991
Approved by the Mayor
August 27, 1991
Filed in the Office of the Recorder
August 27, 1991
,
,
ArrEST: -4k~~;P;;Rt;der
City of Woodburn, Oregon
, '
,
CERTIFIED TO BE ATRut~ND
CORR~C:iPY OF ,T~E ORI~'NAl
This L day 01 ~19 W
/11~ -rh - -I, 'f1Hr,,,:/,-
RECO R. CITY OF WOODBURrl' .
e 1 - COUNCIL BIll. NO. 1335
RESOLlJTlON NO. 1078
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