Loading...
ODOT - Traffic Signal Project Department of Transportation NEIL GOLI)SCHMIDT 0OVERNOR TRANSPORTATION BUILDING, SALEM,OREGON 97310 G January 16, 1990 In Reply Refer To File No.: AGR City of Tigard PO Box 23397 Tigard, OR 97223 Attention: Catherine Wheatley Attached for your records is a fully executed copy of a supplemental agreement covering the advertising and awarding of contract responsibilities on the Pacific Highway West at SW 78th Avenue Project. We have retained a fully executed copy of this agreement for the Transportation Commission's files. Fran Neavoll COMMISSION SERVICES FKN/rgb Attachment 731-0148(8-89) AN EQUAL OPPORTUNITY EMPLOYER Approved: OSHD Staff EDM November 16, 1989 Misc. Contracts &Agreements No. .9101 City of Tigard P.O. Box 23397 Tigard, OR 97223 Subject: Supplement Agreement Pacific Hwy. West @ S.W. 78th Ave. Gentlemen and Ladies: The Oregon State Highway Division (State) and City of Tigard (City) entered into . a 'Cooperative Improvement Agreement dated April 8,1988 concerning the roadway improvements and existing traffic signal modification at Pacific Hwy. West at S.W. 78th Ave. , "Project" . State and City have now determined that the aforementioned agreement, although remaining in full force and effect, should be supplemented by this agreement in order to change the advertising and awarding of the contract responsibilities. Any further reference to said agreement shall include the following: STATE OBLIGATION: Paragraph No. 1 reads.. . 1. State shall, at City expense, conduct the necessary field surveys and traffic investigations, identify and obtain or issue the required permits, arrange for relocation' or adjustment of any conflicting utility facilities, 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 the traffic signal portion of the project. 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. Shall be changed to read. . . 1. State shall, at City expense, conduct the necessary field surveys and traffic investigations, identify and obtain .or issue the required permits, arrange for relocation or adjustment of any conflicting utility facilities, perform all preliminary engineering and design work required to produce plans, specifications and estimates, and furnish material testing, technical inspection and certain project manager services for the traffic signal portion of the project. B1189002 City of Tigard October 30, 1989 Page 2 STATE OBLIGATIONS: Paragraph No. 5 reads. . . 5. State shall compile accurate cost accounting records and furnish City with an itemized 'statement of .actual costs to date for the traffic signalportion of the project. When the actual total cost of the project has been computed, State shall furnish City with an itemized statement of said final costs, including preliminary and construction engineering, contractor payments and all contingency items attributable to the project. Shall be changed to read. . . 5. State shall compile accurate cost accounting records and furnish the City with an itemized statement of actual cost to date at the end of each month. When the actual total engineering cost of the project has been computed, the ,State will furnish the City With an itemized statement of such final costs, including any contingency items attributable to the project. CITY OBLIGATIONS: Paragraph No. 5 reads. . . 5. City shall, prior to the State advertising for bids, forward to the State an advance deposit equal to 100 percent of the estimated total cost of the traffic signal portion of the project. No bid advertising shall occur until said deposit has been received by State. In the event that cost overruns are identified during the course of the project, the State may request additional deposits. Shall be changed to read. . . 5. City shall, prior to advertising for bid proposals, forward to the State an advance deposit in an amount equal to 100 percent of the estimated total cost of the material testing technical inspection, and certain project manager services to be performed by the State for the traffic signal portion of the project. No work shall commence until said advance deposit has been received by State.- Paragraph No. 12 shall be added. . . 12. City shall advertise for bid proposals and award all contracts and be responsible for contractor payments. B1189002 City of Tigard October 30, 1989. Page 3 City shall enter into and execute this agreement during a duly authorized session of its City Council. In WITNESS WHEREOF, .the parties hereto have set their hands and affixed their seals of the day and'year hereinafter written. This preject was appreved by the State Highway Hnq1:nee*--9f1-- August 16,, 1988- oiad-e-r- delegated- ai-at-har-ty frrem the Oregon 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 is set forth in the Minutes of the Oregon Transportation Commission. APP ROVA &N1 STATE ,OF OREGON, by and through its Department of Transportation, Highway Division By J Region ngineer By State H ghway Engineer APPROVED AS TO LEGAL UFFICI CY Date By 616,,C, �AsAtAttorney General CITY QM TIG by and through Date 3.-q 1) its a ed City Offici /- B ay BY City Recorder Date The Oregon Transportation Commission, by a duly adopted delegation order, authorized its Chairman or Vice Chairman to act on its behalf in approving this agreement. Approval for this agreement was given on August 15, 1988, by Chairman Michael P. Hollern. The delegation order also authorizes the State Highway Engineer to sign this agreement for and on behalf ;of the . Commission. Such authority is set forth in the Minutes of the Oregon Transportation Commission. B1189002 CITY OF TIGARD, OREGON RESOLUTION NO. 89- A RESOLUTION AUTHORISING THE MAYOR AND CITY RECORDER TO SIGN. .A. 8tJPPLSNNN'1'AL AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR ROADWAY Imm8 AT THE INTERSECTION OF PACIFIC HIGHWAY AND SW 78TH AVENUE. MMREAS, by Resolution No. 88-45 the-City Council authorized' the Mayor and the City Recorder to sign an agreement with the Oregon Department of Transportation for roadway improvements at the intersection of Pacific Highway and SW 78th Avenues and �. WHEREAS, by Resolution No. 88-82 the City Council ratified certain amendments to said agreements and WHEREAS, coordination of project construction activities will .be improved if roadway and traffic: signal improvements are bid as one construction project= and WHEREAS, a supplemental agreement has been prepared providing for advertising for bid proposals and awarding of all contracts by the City' NOW,' THEREFORE, BE IT RESOLVED BY THE TIGARD CITY.COUNCIL that: The City Council hereby authorizes the Mayor and the City' Recorder to sign, on behalf of. the City, the, supplemental agreement dated November 16, 1989. PASSED: This ��t day o ff f , �1x���� 1889.1✓it1X�''� s i 1 j Mayor - City of Tigard City Recorder - ,City of Tigard Certified to be®�CW at d j/r-odot.RW "�• 10111ii�� ;14X Ck�y.,, Reol eft-CRY pf T*W RESOLUTION NO. 89-CO— ® ; /a/00/8 Page No. 1 . Approved: L.E. George EDM:pf 3/5/87 Revised: 4/8/88 Misc. Contracts & Agreements No. 9101 COOPERATIVE IMPROVEMENT AGREEMENT TRAFFIC SIGNAL 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 TIGARD, a municipal corporation of the State of Oregon, acting by and through its designated City Officials, hereinafter referred to as "City". W I T N E S S E T H RECITALS 1. Pacific Highway West ( 1W) is a part of the State Highway System under jurisdiction and control of the Oregon Transportation Commission, and S.W. 78th Avenue (Dartmouth) is a part of the City Street System, under jurisdiction and control of the City of Tigard. 2. For the purpose of providing acceptable traffic circulation patterns on public highways, State and City plan and propose to construct roadway improvements and modify the existing traffic signals, install the necessary signing and place striping at the intersection of Pacific Highway West at S.W. 78th Avenue (Dartmouth) , hereinafter referred to as "project". The project will be financed 100 percent by the City, with no expense to State. 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. 3. By the authority granted in ORS 366.770, State may enter into cooperative agreements with the 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. Traffic signal work on the project shall conform to the current State standards and specifications. 4. By the authority granted in ORS 810.210(2) , 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 approv- al . 5. The category of access control on Pacific Highway West where the project is located is "uncontrolled access" as defined and regulated by OAR 734-50-070(3). 6. The City has established and is subject to a comprehensive plan and related zoning ordinances that restrict the type, timing, and amount of development within the Tigard Triangle to assure that develop- ment impact will not exceed transportation capacity. The comprehensive plan limits development to that which can be served by the existing system supplemented by the Dartmouth LID project. The existing access system for the Tigard Triangle supplemented by the street improvement covered under the Dartmouth LID project can adequately serve the existing development and a degree of expansion. 7. State is currently conducting an Alternative Location and Design Study aimed at identifying highway improvements in the area of the I-5 Interchange at Highway 217/Kruse Way. 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 City expense, conduct the necessary field surveys and traffic investigations, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflicting utility facilities, perform all preliminary engineering and design work required to produce plans, specifications, and estimates, advertise for bid propos- als, award all contracts and furnish all construction engineering, materi- al testing, technical inspection and project manager services for the traffic signal portion of the project. 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. 2. State shall issue the necessary permits for work by others within State Highway right-of-way, and shall approved all roadway plans and specifications prepared by the City prior to any work proceeding within State Highway jurisdiction. 3. State shall , at City expense, lay out and paint the necessary lane lines and erect the required directional and traffic control signing on the project. i i 4. State shall , upon completion of construction, perform all requir- ed signal maintenance at State expense and retain complete jurisdiction and control of the timing established for operation of the traffic sig- nals. 5. State shall compile accurate cost accounting records and furnish City with an itemized statement of actual costs to date for the traffic signal portion of the project. When the actual total cost of the project has been computed, State shall furnish City with an itemized statement of said final costs, including preliminary and construction engineering, contractor payments and all contingency items attributable to the project. -2- CITY OBLIGATIONS 1. The City shall complete a Transportation Plan for the Tigard Triangle which will identify major roadway and lane requirements to adequately serve buildout development of the Triangle. This Transporta- tion Plan shall be based upon the current Land Use Plan. The City shall initiate hearings and complete their study on such comprehensive plan amendments within 1,2 months after final publication of the State' s Environmental Assessment for the I-5 Interchange at Hl hwV 217/Kruse Way project. * See below for further City Obligations . M 1 ace limit development to that which can be served by the existing s supplemented by Dartmouth. The criteria for measuring developmenn�t: impact will be traffic volumes on several streets measured along a nth screen- line and a southeast screenline. The north screener will be just south of 99W and includes 69th Avenue, 72nd A, tle, Dartmouth Street, and 78th Avenue. The southeast screenline w.i_l be the Haines Road struc- ture over I-5, the southbound I-5 mp from Haines Road and 72nd Avenue just north of the 217 in o ange. The City will be required to monitor the volumes atOese sites annually. When the sum of the outbound PM peak hour vola es along either screenline reaches 90 percent of the calculated a�vailable capacity of the existing system plus Dart- mouth, addition:l development will not be allowed until the additional capacity identified in the City's study has been constructed. The 90 perc of calculated capacity will be 2,000 vehicles along the north s,t-r4an344wand 2,-400 veh-icle_s--a-lorvq-the southeast screenline. 2. City shall conduct the necessary field surveys, perform all preliminary engineering and design work required to produce plans, speci- fications, and cost estimates for the roadway portion of the project, obtain the necessary right-of-way, easements, and all required permits, prepare the contract and bidding documents, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and project manager services for administra- tion of the contract. 3. City shall forward roadway plans and specifications for work within State Highway right-of-way for review and approval by the State prior to advertisement for construction bid proposals. 4. City shall , upon execution of this agreement, forward to State an advance deposit in the amount of $10,000, said amount being equal to 100 percent of the estimated total cost of the preliminary engineering and design work for the traffic signal portion of the project. 5. City shall , prior to the State advertising for bids, forward to the State an advance deposit equal to 100 percent of the estimated total cost of the traffic signal portion of the project. No bid advertis- ing shall occur until said deposit has been received by State. In the event that cost overruns are identified during the course of the project, the State may request additional deposits. * The City shall provide for such additional access and/or capacity when the Plan criteria requires it and in accordance with its comprehensive plan and zoning codes. -3- 6. City hereby grants the State the right to enter into and occupy City street right-of-way for the installation and maintenance of the traffic signal equipment, including vehicle detector loops. 7. 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 accor- dance with the plans and specifications. 8. City shall , upon request by State, 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 facili- ties of every kind and nature, where such utilities or facilities are located within the right-of-way of any presently existing city street 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. 9. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the traffic signal 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 project, including preliminary and construction engineering, contrac- tor payments, and all contingency items attributable to the project. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to City. 10. City shall , upon completion of the project, pay all costs of electrical energy consumed in operation of the traffic signal equipment. 11. City shall adopt a resolution authorizing its designated City Officials to enter into and execute this agreement and the same shall be attached hereto and become a part hereof. 'i -4- 1 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission, by a duly adopted delegation order, authorized its Chairman or Vice Chairman, to act in its behalf in approving this agreement. Approval for this agreement was given on August 15, 1988 by Chairman Hichael P. Hollern . The delega- tion order also authorizes the State Highway Engineer to sign this agree- ment for and on behalf of the Commission. Such authority is set forth in the Minutes of the Oregon Transportation Commission. APPROVAL RECOMMENDED STATE OF OREGON, by and through ^1 its Department of Transportation, J Highway Division By Region Engineer By State Highway Engineer APPROVED AS TO Date 0/�5AF LEGAL SUFFICIENCY By /��,w` CITY OF TIGARD, by and through Ass't. Attorney General its designated City Officials Date h,_ By A APPROVED AS TO Mayor LEGAL SUFFICIENCY By By City torney City R order oT-Qr►, Date (���,��� Date 6Ur11_ 1Cl �s i -5- ,�i���-. L, ,. ��ri ;-� _fir. ��.: L• - i Ikil '1a� '*tE[C - IOW,-. -urt WO ri NT OR A. loll, ILEI ON E C I i-1,;;A,I MEND urrie�k• !J I/IrD•' ;�. ■ I�[�al a■ cry e; �s++ Mal Ilk oil j .� :�� '� • . �h � ''+ -' ��fl u `ice•"• - rt d. �- 00 _ RZ�tt ` LV 11 j�Y.n�■ {i.fir r ��: I ��.