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ODOT - Traffic Signal (99W/McDonald) Department of Transportation ROBERT W. STRAUB TRANSPORTATION BUILDING, SALEM, OREGON 97310, GOVEeNOe August 5, 1977 City of Tigard City Hall Tigard, OR 97223 Attn: Doris Hartig City Recorder RECEIVED AUG 10 1yi city of TIGARD Gentlemen: Attached for your records is a fully executed copy of an agreement concerning the installation of traffic signals on the Pacific Highway West at McDonald Road. We have retained a fully executed copy of this agree- ment for the Transportation Commission's files. Very truly yours, C. W. Head COMMISSION SERVICES fkn Att. Approved: L. E. George MEH:1 jt- 5/9/77' t5/9/77' Misc. Contracts & Agreeements No. 6129 CONSTRUCTION-FINANCE AGREEMENT TRAFFIC SIGNAL INSTALLATION THIS AGREEMENT, made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; and the CITY OF TIGARD, a municipal corporation, by and through its City Officials, hereinafter referred to as "City". WITNESSETH RECITALS 1 . The Pacific Highway West, State Primary Highway No. 1W, is a state highway under the jurisdiction and control of the Oregon Transportation Commission. 2. By the authority granted in ORS 366.770 and 366.775, State and City may enter into agreements for construction and maintenance of any state highway with . the allocation of costs on terms mutually agreeable to the contracting parties. 3. By the authority granted in ORS 487.850, 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 then State, except with its written approval . 4. State and City, in their judgment, have deemed it necessary and desir- able, in order to maintain a safer and more expeditious flow of traffic, to in- stall traffic control signals at the intersection of the Pacific Highway West and McDonald Road, lying within the corporate limits of the City of Tigard. Herein- after, all acts necessary to accomplish this installation shall be referred to as "project". NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY STATE 1 . State shall , at their sole expense, perform all preliminary. engineering, prepare the plans and contract documents, award all contracts., supervise the installation and, upon completion of the project, perform all necessary mainte- nance operations thereon. 2. The project .may be accomplished by the use of state forces or by contract, as State shall elect. THINGS TO BE DONE BY CITY 1. City. shall be responsible for, and pay all costs of, electrical energy consumed in operation of the traffic control signal . 2. City shall make no changes in thetiming program established for the traffic signals without prior written approval of State. 3. City shall pass a resolution authorizing its City Officials to enter into this agreement and the same shall be made a part hereof and attached hereto. SPECIAL PROVISIONS 1 . State and City mutually agree and understand that, if requested by City, a mutual review of the signal design plans shall be conducted to the satisfaction of both parties prior to advertisement for bids on the project. 2. Provisions of State and Federal law applicable to public contracts and agreements of this type are hereby incorporated. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. City has acted in this matter pursuant to Resolution No. - adopted by the City Council on the 27th day of June , 1977. 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 was given for this agreement on 19u4 by CHAIRMAN JACKSON which approval is on filffin the Coomm ssi on records. fi egatron order also authorizes the State Highway Engineer to execute the agreement on behalf of the Commission. APPROVED STATE OF OREGON, by and through its Department of Transportation, Highway Division eputy State Hig way Engineer State H'ghway Engineer y LJ o CITY OF TIGARD, by and through its —„—`- — 4 City Officials ERBy mayor By CiJt ecorder -2- a STATE OF OREGON ) CITY OF TIGARD ) I, DORIS HARTIG, hereby certify that. I am the duly appointed, qualified, and acting Recorder for the City :of Tigard, Oregon. I further certify that the Tigard City Council at its regular meeting June 27, 1977, by unanimous vote authorized Mayor Wilbur A. Bishop and Doris Hartig, City Recorder to execute the attached agreement on behalfof the City of Tigard. IN WITNESS WHEREOF I have hereunto set my hand and seal of. the City of Tigard this 30th day of June, 1977. City Recorder i, 1' June 90p 1977 :Jon Rose, Federal Aid. Engideer Department'•of Transportation Metropolitan Section 5821.N.E. Glisan Portland, Oregon 97213 Ree , Proposed Agreement Traffic Signal In pacific Highway 6 -Mctionald Street Dear .Mr.`.Rosea ser,.v Enclosed are three executed'.eopies of the above, ,as approved by the Tigard City Council at its regular-meeting June a7, 1977, Council approved the agreement and authorized execution by voice motion and I have attached certification of this action. Please return 'a fully.'exeeuted. copy'to this office, and' if'we' may be. of furthor assistance .to you regarding this mattero .please feel :.. free to contactme or the City Administrator. Sincerely, Doris Hartig - . City Recorder DH/fa Rues ; air, � Department of Transportation hl 6` METROPOLITAN SECTION u ROBERT $TRAUB "41r �,11JQp O GOVERNOR 5821 N.E.: GLISAN, PORTLAND, OREGON 97213 QF June 8, 1977, Telephone 238-8250 BRUCE CLARK City Administrator City of Tigard 12420 Southwest Main Tigard, OR 97223 Subject: Proposed Agreement Traffic Signal Installation Pacific Highway West @ McDonald Road Tigard It has been determined that traffic signals are warranted at the intersection of Pacific Highway West with McDonald Road, and the Highway Division is developing a project to install these signals. It is policy, where signals control .traffic on a state highway and a local street, for the ,Highway Division to pay all costs of installation and maintenance with the local jurisdiction ,paying costs-.of power consumption The attached agreement is written to reflect .that policy and is. sent to you for your consideration. Would you .review this, and if; it is acceptable to the City, secure the necessary signatures and return the three bound, signed copies to me at this office with a copy of the authorizing ordinance. The fourth copy may be retained for your information and following final action by the Highway Division, a fully executed copy will be sent to you for your records. If there are any questions on this, feel free to call our Traffic Engineer, Ron Failmezger, at 653-3100, or if I may help, my telephone is 238-8250. 4al Aid Engineer JR/ldo Attachments cc: Region 1 w/attachment