Res 1026 - Improve Hwy 214
COUNCIL BILL NO. 1260
RESOLUTION NO. 1026
A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF OREGON,
DEPARTMENT OF TRANSPORTATION, HIGHWAY DMSION FOR ROADWAY
IMPROVEMENTS TO HIGHWAY 214 AS AN IMMEDIATE OPPORTUNITY FUND PROJECT.
WHEREAS, the City of Woodburn has determined that certain infrastructure
improvements in the vicinity of the Highway 214 - Interstate 5 freeway area will stimulate
economic development for the benefit of the community; and
WHEREAS, the City Council authorized the necessary applications to facilitate grant
and financial assistance through Council Bill 1251; and
WHEREAS, the HWI project development is contingent upon certain roadway
improvements, and meets the criteria established for use of Immediate Opportunity Funds;
and
WHEREAS, this project was approved for grant award by the Oregon Transportation
Commission on October 17,1990; NOW, THEREFORE,
THE crIY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an agreement with the Oregon
Department of Transportation, Highway Division entitled "Construction - Finance
Agreement, Immediate Opportunity Fund Project," a copy of which is attached for
reference.
Section 2. That the Mayor and other appropriate City officials be authorized to sign
and execute said agrry]~alf 'At~~urn.
Approved as to form: ( /~ 1(- g- - '70
City Attorney Date
APPROVED:
'?f,.~ /I ~"';r
Nancy A. . ksey, ayor
November 7, 1990
November 9, 1990
November 9, 1990
November 9, 1990
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Attest: /1~~
Mary Te~ant, Deputy Recorder
City of Woodburn, Oregon
Page I - ORDINANCE NO. 1260
RESOLUTION NO. 1026
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Approved: OHSD Staff
October 30, 1990
Misc. Contracts & Agreements
No. 10471
CONSTRUCTION-FINANCE AGREEMENT
IMMEDIATE OPPORTUNITY FUND PROJECT
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 elected officials,
hereinafter referred to as "Agency"
WIT N E SSE T H
RECITALS
1. The Oregon Transportation Commission, at its July 15, 1988
meeting approved establishing an Immediate Opportunity Fund.
The purpose of the Immediate Opportunity Fund is to support
specific economic development in Oregon through the construction
or improvement of roads. Funding is reserved for cases where
there is an actual transportation problem to be solved, and
where a location decision hinges on an immediate commitment of
road construction resources.
2. Agency proposes to make roadway improvements in the vicinity
of the future development of the Hardware Wholesalers, Inc.
distribution center which meets the Immediate Opportunity Fund
criteria. The improvements will consist of all work necessary
to design and construct the widening of the Hil1sboro-Silverton
Highway at Woodland Street to accommodate increased traffic
volumes, hereinafter referred to as "project". The location of
project is approximately as shown on the attached map, marked
Exhibit A, and by this reference made a part hereof.
3. The Economic Development Department recommends use of
Immediate Opportunity Funds for this project. State agrees to
provide Immediate Opportunity Funds up to an amount not to
exceed $241,000 to help finance the construction portion of this
project. The remaining project funding will be provided by
others.
Contract No. 10471
City of Woodburn
4. State road standards shall be used for that portion within
State right-of-way.
5. By the authority granted in ORS 366.770, and 366.775, State
may enter into cooperative agreements with 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.
6. The parties hereto agree and understand that they will comply
with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as ammended by 1987 Acts.
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 its own expense, assign a Liaison Person to
monitor the work performed on project. State shall review all
environmental documents, project plans, specifications, and cost
estimates prepared by Agency, or consultant within 20 working
days of submittal by Agency and prior to advertisment for
construction bids.
2. State shall prepare the contract and bidding documents,
advertise for bid proposals, and award all contracts.
3. State shall award a contract for construction of project
within two years of the date State executes this agreement,
unless an extension is granted by State. Construction must be
completed within 5 years of this agreement.
4. Immediately after award of the contract State shall furnish
City a copy of the itemized bid.
5. State shall furnish all construction engineering, material
testing, technical inspection, and project manager services for
administration of the contract.
6. State shall compile accurate cost accounting records. Agency
may request a statement of costs to date at any time by
submi tting a written request. When the actual tot~L,gost of the
project has been computed, state shall furnish Agency with an
itemized statement of said total costs.
A1290023
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Contract No. 10471
City of Woodburn
AGENCY OBLIGATIONS
1. Agency shall, for all portions of project, perform all
design work required to produce plans, specification, and cost
estimates.
2. Agency shall acquire all necessary right-of-way and/or
easements in accordance with State Right of Way Manual, Chapter
13, policies 13.120 in particular. Agency should contact Region
Right of Way Office for right of way acquistion advice.
3. Agency shall forward to State, through the assigned Liaison
Person, all environmental documents, project plans,
specifications, and cost estimates prior to advertisement for
construction bid proposals.
4. Agency shall, prior to State's advertising for bid proposals,
deposit with State the Agency's portion of the project cost;
said portion is currently estimated to be $241,000. Additional
deposits may be required if actual cost is greater than
estimated.
""'~
5. Agency shall enter into and execute this agreement during a
duly authorized session of its City Council.
GENERAL PROVISIONS
1. The cost records and accounts pertaining to the work covered
by this agreement are to be retained for inspection by
representatives of Agency and state for a period of three (3)
years following final payment. Copies shall be made available
upon request.
2. In no event shall State's portion of the project costs
exceed the maximum amount specified above in paragraph 3,
Recitals.
3. Subject to the limitations of the Oregon Constitution and
statutes; Agency and State each shall be solely responsible for
any loss or injury caused to third parties arising from Agency's
or State's own acts or omissions under this agreement and Agency
or State shall defend, hold harmless and indemnify the other
party to this agreement with respect to any claim, litigation or
liability arising from Agency's or State's own acts or omissions
under this agreement.
~;"I/O''''''
4. 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.
A1290023
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Contract No. 10471
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 October 17, 1990 at which time the State Highway
Engineer was authorized and directed to sign the necessary
agreements for and on behalf of the Commission. Said authority
is set forth in the Minutes of the Oregon Transportation
Commission.
APPROVAL RECOMMENDED
By ,
Region Engineer
STATE OF OREGON, by and through
its Department of Transportation,
Highway Division
Date
By
State Highway Engineer
APPROVED AS TO
LEGAL SUFFICIENCY
Date
Date
The City of Woodburn, by
and through its City Officials
BY~~-~'~'
By {j-c<~ E.~J, ~tJ..cr-
Cit Re order .
Date //- 9- 90
By
Asst. Attorney General
APPROVED AS TO
LEJAL~UFFICIE~
B; t J. /""J j
City Attorney
Date _( {- 3- ~1 0
A1290023
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WOODBURN
AND VICINITY
MARION COUNTY,ORECON
PoPUlATl()/'o' H.!~5
PR[P.R(~ BY THE
OREGON S TATE HIGHWAY DIVISION
IN COOPER. lION
?' U.S. DEPARTMENT OF TRANSPORT A TlON
FEDERAL HIGHWAY ADMINIS TRA TION
DECEMBER 1984
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