Res 1099 - Agmt Widen Hwy 99E
COUNCIL BILL NO. 1360
RESOLUTION NO. 1099
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE
OF OREGON FOR THE WIDENING OF HIGHWAY 99E.
WHEREAS, Pacific Highway East (Route 99E) is part of the Oregon state
highway system; and
WHEREAS, ORS Chapter 366 authorizes cooperative agreement between the
state and a city for performance of improvement projects; and
WHEREAS, it is in the interest of the city to widen, overlay, and improve
Pacific Highway East (Highway 99E) from the north city limits to Lincoln Street, as
detailed in the attached agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Recorder are authorized to sign an agreement
with the State of Oregon, a copy of which is attached hereto, and by this reference,
incorporated herein, /\ /? L\
Approved as to form~'~ k..JK-: /" ') \ - I - j L
City Attorney Date
APPROVED: ~vJ~/"
FRED W, KYSER, OR
Passed by the Council
January 13, 1992
January 15, 1992
Submitted to the Mayor
Approved by the Mayor
January 15, 1992
Filed in the Office of the Recorder
January 15, 1992
ATTEST: ;11~~~
Mary Tenna , City Recorder
City of Woodburn, Oregon
Page 1 -
COUNCIL BILL NO, 1360
RESOLUTION NO, 1099
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December 17, 1991
Misc. Contracts & Agreements
No. 10854
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"; 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. Pacific Highway East (OR Route 99E) is a part of the State
highway system under the jurisdiction and control of the Oregon
Transportation Commission.
2. 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.
3. For the purpose of providing acceptable traffic patterns on
public highways, State and City plan and propose to widen and
overlay Pacific Highway East from woodburn's north city limits
to Lincoln Street, hereinafter referred to as "project". The
project will include shoulders for bike paths, curbs, sidewalks,
a storm sewer system, and signal reconstruction at the
intersections of Hardcastle Avenue, Lincoln Street and
Hillsboro-Silverton Highway at Pacific Highway East. 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.
The project will be financed with city funds and funds available
to the state. City shall be responsible for the cost of all new
sidewalks which will be constructed as a part of the project.
Said sidewalks are currently estimated to cost $63,000. State
shall be responsible for all other project costs, including
replacement sidewalks.
B1291005
KEY 00687
Contract No. 10854
THE CITY OF WOODBURN
4.. State and City entered into agreement No. 5067, dated August
21, 1974, and agreement No. 7659. dated June 22, 1983
pertaining, at least in part, to traffic signal maintenance and
installation at the intersections of Lincoln Street and
Hardcastle Avenue at Pacific Highway East. State and City
hereby agree that the construction, power and maintenance
provisions in said previous agreements shall be superseded by
this agreement.
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. Traffic signal work on
the project will conform to the current state standards and
specifications. The traffic signal installation may be
accomplished by the use of State forces, by contract or by any
combination of these methods, as State shall elect.
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, as a project expense, conduct the necessary
field surveys and traffic investigations; identify and obtain or
issue the required permits; perform all preliminary engineering
and design work required to produce plans, specifications and
estimates; advertise for bid proposals; award all contracts and
furnish all construction engineering, material testing,
technical inspection and project manager services for
administration of the contract.
2. State shall relocate, or cause to be relocated, all existing
utility conduits, lines, poles, mains, pipes and other such
facilities that are located on private property or within State
jurisdiction where such relocation is necessary to conform such
utilities or facilities to the plans for the project.
B1291005
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Contract No. 10854
THE CITY OF WOODBURN
3.. State shall, as a project expense, layout and paint the
necessary lane lines and erect the required directional and
traffic control signing for the project.
4. state shall, upon satisfactory signal turn-on, perform and
fund all required signal maintenance, and retain complete
jurisdiction and control of the timing established for operation
of the traffic signals.
5. state shall, at its own expense, provide all power for the
traffic signal at the intersection of Pacific Highway East at
HillsborojSilverton Highway and WoodburnjEstacada Highway.
6. state shall compile accurate cost accounting records. City
may request a statement of City costs to date at any time by
submitting a written request. When the actual total cost of the
City portion of the project has been computed, State shall
furnish City with an itemized statement of said final costs.
CITY OBLIGATIONS
1. City, by execution of this agreement, does hereby consent,
under the terms of ORS 373.030(2), to any changes of grade in
connection with or arising out of the construction of the
project on a city street over which a state highway is routed.
2. City hereby grants State the right to enter into and occupy
City street right-of-way for the performance of construction
and necessary maintenance of the project, including traffic
signal equipment and vehicle detector loops.
3. city shall, upon notification by state or pursuant to OAR
Chapter 734, Divison 55, Section 045, 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 and State Highway 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.
B1291005
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Contract No, 10854
THE CITY OF WOODBURN
4, City shall, upon receipt of a fully a]executed copy of this agreement, forward to State an
advance deposit in the amount of $63,000.00, said amount being equal to 100 percent of the
estimated total cost of the new sidewalks that will be built as a part of the project. Upon bid
opening City shall be requested to make additional deposits if the lowest acceptable bid is greater
than the original estimate,
5. Upon completion of the project and receipt from State of an itemized statement of the actual
total cost of the City's portion of the project, City shall pay any amount which, when added to
City's advance deposits, will equal 100 percent of the actual total cost of the new sidewalks.
Any portion of said advance deposits which is in excess of the total actual cost will be refunded
or released to City.
6. The newly constructed sidewalks shall be maintained according to City rules, regulations and
ordinances.
7, City shall maintain the pavement surrounding the vehicle detector loops installed in City
street 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.
8. City shall, at their own expense, provide all electrical power for the traffic signal at the
intersections of Pacific Highway East at Hardcastle Avenue and Lincoln Street.
9, City shall authorize execution of this agreement during a regularly convened session of its
City Council.
GENERAL PROVISIONS
1. State and city agree and understand that a mutual review of the project plans and
specifications will be conducted prior to advertisement for construction bid proposals.
2, Subject to the limitations of the Oregon Constitution and statutes; City and State each shall
be solely responsible for any loss or injury caused to third parties arising from City's or
Bl291005
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Contract No. 10854
THE CITY OF WOODBURN
state's own acts or omissions under this agreement, and City or
State shall defend, hold harmless and indemnify the other
party to this agreement with respect to any claim, litigation or
liability arising from City's or State's own acts or omissions
under this agreement.
3. 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.
B129l005
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Contract No. 10854
THE CITY OF WOODBURN
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 adopted
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.
By
STATE OF OREGON, by and through
its Department of Transportation,
Highway Division
APPROVAL RECOMMENDED
Region Engineer
By
Program Section Manager
APPROVED AS TO
LEGAL SUFFICIENCY
Date
By
Asst. Attorney General
Date
THE CITY OF WOODBURN, by
and through its Elected Officials
By
APPROVED AS TO
LEGAL SUFFICIENCY
Mayor
By
By
Recorder
City Attorney
THE CITY OF WOODBURN
Billing Address:
Date
City of Woodburn
Public Works Department
270 Montgomery Street
Woodburn, OR 973
B1291005
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