Res 1078 - Traf Sngl 214/Evergn
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 OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF HILLSBORO/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 highways and roads
in the vicinity of the developed property the State of Oregon, City of Woodburn, and Wal-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 Wal-Mart Stores, Inc. to install 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. /J
Approved as to for,;c5l~<r ~
City Attorney
August 26,
APPROVED:
Passed by the Council
Submitted to the Mayor
August 27, 1991
Approved by the Mayor
August 27, 1991
Filed in the Office of the Recorder
August 27, 1991
ATTEST: ~\~~~~~~rder
City of Woodburn, Oregon
Page 1 - COUNCtL BILL NO. 1335
RESOLUTION NO. 1078
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August 5, 1991
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 through 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 Evergreen, 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. State shall provide the traffic signal controller
and cabinet and Company shall pay 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.
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
B329l004
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Contract No. 10754
WAL-MART STORES, INC. / CITY OF WOODBURN
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, at Company expense, 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
project.
3. State shall, at Company expense, inspect the construction of
the project to insure all work on the project conforms to
current State standards.
4. State shall, at Company expense, 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
anytime by submitting a written request. When the actual total
State costs of the traffic 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, at Company expense, paint necessary lane lines
upon completion of Company Obligation number 5.
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Contract No. 10754
WAL-MART STORES, INC. / CITY OF WOODBURN
COMPANY OBLIGATIONS
1. Company shall, at its own expense, conduct the necessary
traffic investigations, identify and obtain the required
permits, arrange for relocation or adjustment of any conflicting
utility facilities, 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 controller, tehnical inspection, and
project manager services for administration of the contract for
the traffic signal.
5_ Company shall, at its own expense, layout the necessary lane
lines and channelization, and erect the required directional and
traffic control signing for the project.
6. 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 $2500.00, said amount being
equal to the estimated total cost for the review of plans and
specifications, and construction inspection for the project.
7. 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 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.
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Contract No. 10754
WAL-MART STORES, INC. / CITY OF WOODBURN
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.
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 accord 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. Subject to the limitations of the Oregon Constitution and
statutes, Company, City, and State each shall be solely
responsible for any loss or injury caused to third parties
arising from Company's, City's, or State's own acts or omissions
under this agreement, and Compa~y, City, or State shall defend,
hold harmless and indemnify the other parties to this agreement
with respect to any claim, litigation or liabilty arising from
Company's, 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.
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Contract No. lD754
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 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.
APPROVAL RECOMMENDED
By
Region Engineer
STATE OF OREGON, by an through
its Department of Transportation
Highway Division
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
its Elected Officia
Title
By
Mayor
ByA~~~:I;~t~
Record
Date
Date
9-.3-'11
Company billing address:
Wal-Mart Stores, Inc.
701 South Waldon Blvd.
Bentonville, AR 72716
Phone: (501) 273-4000
By
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