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ODOT - Construction (Hall/Bonita) _A DEPARTMENT OF August 10,, 1992 TRANSPORTATION CITY V TI:MM P 0 BOX 23397 TIGARU OR 97223 FILE CODE: AGR Attention: Catheriine .Wheatley City Recorder Attached for your records .is a copy of an, agreement covering constructton at the intersection of Hall Blvd. and S,..W'. Bonita Road and' S..W+. McDonald ProJec We have retained -a copy of this agreement for the Trans portatIon Commission's files. Fran Neavoll COMMISSION SERVICES FKN/lls Attachment AUG 1 1992 - ------------- ------ . . Transportation Building 731-0146(12-90) Salem,OR 97310 June 10, 1992 Misc. Contracts &.Agreements No. 11, 174 COOPERATIVE IMPROVEMENT AGREEMENT 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 CITY OF TIGARD, a municipal corporation of the State of Oregon, actingby and through its City Officials, hereinafter referred to as "City" . W I T N E S S E T H RECITALS 1 . The Beaverton-Tualatin Hwy. (Hall Blvd. ) is a part of the State highway system under the jurisdiction and control .of the Oregon Transportation Commission and. S.W. Bonita Road is a part of the City street system, under jurisdiction and control of the City. 2. For the purpose of providing acceptable traffic circulation patterns on public highways and streets, City plans and proposes to construct intersection improvements and install a traffic control signal along with emergency vehicle pre-emption equipment at the intersection of Hall Blvd. and S.W. Bonita Road with an interconnect to the signal at Hall Boulevard and S.W. McDonald; hereinafter referred to as "Project" . 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 100 percent with City funds at no cost to the State. 3. 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. 4. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon State Highways at places where State deems it necessary for the safe and expeditious control of traffic. No traffic control devices B1192006 M. C. & A. No. 11, 174 CITY OF TIGARD shall be erected or maintained upon any State Highway by any authority other than State, except with its written approval. Traffic signal work on 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 issue the required permits, review and approve the project plans and specifications, and provide material testing and technical inspection to insure State standards are met. State shall assign a liaison person to monitor the traffic signal work and roadwork performed by the City, or its contractors, within the boundaries of: Hall Blvd. 2. State hereby grants City the right to enter onto and occupy State right-of-way for the performance of necessary roadway construction and installation of the traffic signal equipment. 3. State shall compile accurate cost accounting records. City may request a statement of costs to date at anytime by submitting a written request. When the . Actual total cost of services provided by State have been computed, State shall . furnish City with an itemized statement of said final costs. 4. State shall, upon completion of the project, perform all required signal maintenance associated with the project signal and the interconnect system at its own expense. State shall retain complete jurisdiction and control of the timing established for operation of the traffic signal. S. State shall, at its own expense, also maintain that portion of the emergency vehicle pre-emption equipment which is electrically interconnected to the traffic signal controller. 6. State shall maintain the pavement surrounding the vehicle detector loops installed on State highway in such a manner as to provide adequated protection for said detector loops, and shall adequately- maintain the pavement markings and .signing installed on State right-of-way as part of the project., B1192006 2 M. C. & A. No. 11, 174 CITY OF TIGARD CITY OBLIGATIONS 1 . City, or its consultant, shall conduct the necessary field surveys,, environmental studies, traffic investigations; arrange for relocation or reconstruction of any conflicting_.utlity facilities; identify andobtain all required permits,; and perform all preliminary engineering and design work required to produce preliminary plans, specifications, and cost estimates. 2. City shall,. upon State' s review and approval of final plans, prepare the contract and bidding documents; advertise .for construction bid proposals; award all •contracts; pay� all contractor costs; furnish all .construction, engineering, field testing of materials and technical inspection (except as provided for' in STATE OBLIGATIONS paragraph No. l) , and project manager services. 3. City shall, upon receipt of a fully .executed copy of this agreement, forward to State' s Region Office (9002 SE McLoughlin Blvd. , Milwaukie, OR 97222) an advance deposit in the amount of $8300.00. Said amount being equal to the estimated total cost of State provided review, technical, inepection and monitoring services for the project. 4. Upon completion of -the projectand receipt from State' s Region Office of an itemized' statement .of- the actual total cost of the State' s services, City shall pay any amount which, when added to City' s advance deposit, will equal 100 percent of the State' s actual total costs of the project. Any portion of said advance deposits which is' -in - excess of the total actual cost will be refunded or released to City. 5. City shall, upon completion .of the project, provide power for the project signal at its own expense. 6. City shall. adequately' maintain the pavement surrounding the vehicle detector loops as well as all pavement markings and signing installed on City right-of-way in accordance with the plans and specifications. 7. This agreement is conditioned upon City applying for and obtaining a permit to "Occupy or Perform Operations upon a State Highway" . City agrees to comply with all provisions of said- permit. 8. City shall authorize execution of this agreement during a regularly convened session of its City Council. B1192006 3 - M. C. & A. No. 11, 174 CITY OF TIGARD GENERAL PROVISIONS 1 . State and City agree and understand that a mutual reviewof the project 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. The contractor, its. subcontractor, 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. . 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 Traffic .Engineer pursuant to Subdelegation Order HWY-4, paragraph 3 . APPROEC E ED STATE OF OREGON, by and through its Department of Transportation, By High y Division Region Engineer By " �- Date Sta a TraYV& Engineer. APPROVED AS TO CITVgit RD and LEG S/JUFFIIICCIIEfNCY thracted Officials Asst. Attorney General APPROVED AS TO FORM By ty Recorder By City Attorney Date CITY OF TIGARD ADDRESS: City of Tigard P.O. Box 2339.7 Tigard, Oregon 97223 B1192006 - 4 - 46 Q ill 1 ( OD�YIrFI�'Iwprr �/ ,M w •� t wuru .AL� cwue. ` _. V. s 4 E I '1 I C C Y .aI��•w.t. `•a, t •, W ApDat,M•� �•[.t� .ta,r�.�� `' VO� • e $ _ �p� �OWM 1 �/��\\�\��q,�•. K. �•.. � C/OY AL _ ( � �Iila 1 �i PARK 0.0 1 i oo•., LAKE - »tE mao war J i oAa{w • 0 {•VELAR - � � •t �' �: �_. tLA»e+•. 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THE STATE OF OREGON FOR INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF HALL BOULEVARD AND BONITA ROAD. WHEREAS, the City proposes to install traffic signals and associated improvements at the intersection of Hall Boulevard and Bonita Road in accordance with its.adopted capital improvement budget for streets; and, WHEREAS, Hall Boulevard is a State highway under the jurisdiction of. the Oregon Department of Transportation; and, WHEREAS, .-an agreement has been prepared providing for the improvements and the sharing of construction and maintenance responsibilities by the State and the City. NOW, THEREFORE, BE IT RESOLVED by -the Tigard .City Council that: Section 1: The Mayor and City Recorder. are hereby authorized and directed to sign, on behalf of the City, a cooperative improvement agreement between the State of Oregon and the City of Tigard identifying theirrespective obligations relative to the construction and maintenance of traffic signal and intersection improvements on Hall Boulevard at Bonita Road. PASSED: This 44ti-1 da o 1992 . or - City of Tigard ATTEST: Certified to be a True Copy of City Recorder - City of TigardU Original Qn file -'-�- rw/hall-b-r By: ,� } ity R rder- City of Ward D�te. 2 I ' RESOLUTION NO. 92- Page 1