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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 ... i ~""-""'-'---'~-~"._"'-"'-'-"~~"""''''''''''~'-'''''~'''..........,..,.~~-_., _.,.,--- ., 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 ~. ... T-' 00__- " 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. B3291004 -2- ,... . ..... "T~' - .-. ..~._--- .~"'---,.....- ----,._~------_.__._- 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. B3291004 .-3- ..,.- .- --.'..+'"'."-'-'...-.-"'--"'"T'"'--' -~_.'.".. 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. B3291004 -4- ..... ...-........-... ~.._..-"" 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 B329l004 -5- "'r .'-'.._--.-._'--T"-'~_."- 'H_.W... " . . I . 71 &"/ , / /i ! I' I'~' ) , ,++'.+c II ,/ X^^';1 / / ~ '\ ".~ "1.8' \ \ ./ 'i ~ I j \. ~ _/~-~~~ ,~,~_~' L~!:_.i'J :rlf'~"d \; 1\ l.,;-,i .\(~~j (~O(C~------: i , ;"t-~"~_~ lJ;, .'1 Qc' ~I il , ,. Cl:JG II '. ~"'. / I "" HWY, NO. 140 ~ o ~INCOLN ''''''' Ui1!7n; b!.JU/ K~ . . , ,"AYES f . . I .", .s; J~ .:,; .~ ~I g. . J . . ~I " ,,' ~",!,,! AU 5221 J L ( ~ '"'--- ~ ~ gj ~---*~~}~~n.)~~ ~ ~ <1\' I v \" \.-'/ ~ ...J ~I' I o. I'~.I / ~ U U I . !Sfl I..,A,\. " I /;1 ii' ','" j' I co..~ COlMl i J '!I /. I L iSANTIA'" OR. I I If/I $/( ,'......- , J /'511 ~~ I ,!//c ---_____J /:.'./ ~~' $/, jj' /. ";i::o I" " ~ I-- L....J ;; "I --------J Sw T H 00 ../ '~~I / fl. / de:_ d~ ;--~., !~ O""'s , ~1 J'tij/..... Ufo , i}1/j'! .~ ~ f I . sf ::-/P'RR ST. / / . . o! " I =:J . . . o " I , , / I , 'f' ~-:; ,; ~\ J== P"'~ -------- -.----/ PARR o. / Z .QO....O EXHIBIT A " ...... _.~ ..._--..,.-.---_.~'--'_._-'~.._.._..,~- ~--,_._.-