ODOT - Hall/Durham Light Installation APPROVED: OSHO STAFF
EDM:bkw
3/21/89
Rev. 4/3/89
Misc. Contracts & Agreements
No. 9718
COOPERATIVE IMPROVEMENT AGREEMENT _
TRAFFIC SIGNAL & ILLUMINATION PROJECT
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting, hu anei thrnenh itc nonartmont of Trancnnrtatinn 4Jinhwav
Division, hereinafter referred to as "State", and the City of Tigard, a
municipal corporation of the State of Oregon, acting by and through its
Elected Officials, hereinafter referred to as "City" , and Tualatin Valley
Fire & Rescue, a political subdivision of the State of Oregon, acting by
and through its Officers, hereinafter referred to as "District".
W I T N E S S E T H
RECITALS
i r-_ the
purpose
u r o f providing o v i
1. rUr LfIC �JVf�F1UJC UI Nf�VV7Ulily tl!I GI.LCNLtlVIC Lrtlii1L 41rCU1tlLIUfI
pattern on public highways and roads the State, City, and the District plan
and propose to install traffic control signal equipment and illumination
and fire preemption devices on the Beaverton-Tualatin Highway at the
intersection of Durham Road, hereinafter referred to as "project". The
project will be financed 100 percent by City and District with no expense
to State. The location of the project is approximately as shown on the
sketch man attached hereto. marked Exhibit. b and by this rafaranra maaio a
part hereof.
2. 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 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 approval .
3. By the authority granted in ORS 366.425 , as amended by
Chapter 365, Oregon Laws, 1979, 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 the State. When any money
or a letter is deposited, the 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 366.770 and 366.775, the State may
anter into. rnonerative_ agreements With cities. for the performance of work
on certain types of improvement projects with allocation of costs on terms
and conditions mutually agreeable to the contracting parties.
7�r."'tsY` !�" eis'o !F•/ /r�f; r g..^. t, Y..�.t< i 'Y'
4, .7,e,r .�. r631'r ...""f rC.r1".".. ^,+ `✓ r. a7°R qr
NnW TWVDrrnDP tho nromicoc hainn in ...,.,.,..,i _ al _
..,.., . .•�, " "•y yclicl a I as ]LdL+rU In Llle
foregoing RCCITA�S, it is agreed-by and between the parties hereto as
follows :
STATE OBLIUM1IUN3
1. State shall , at City expense, identify and obtain or issue the
required permits, arrange for relocation or adjustment of any conflictina
utility facilities lying within jurisdiction of State, perform design r
work required to produce plans, specifications and cost estimates for the
traffic signals and illumination, advertise for bid proposals, award all
contracts and furni ah all construction c+1.... - _91��+r ...�.. •� •• � �.. .a. . . w 4%,I YL L IVIr ClIv IlIM Ing, materia l testing,
technical inspection and project manager services for administration
of the contract.
2. State shall , upon completion of construction. retain complete
jurisdiction and control of the timing established for operation of the
traffic signals, and maintain the traffic signals at State expense.
7 fa_r_ shal l pl ..a: _c str cti w+.. the
J. Jia LC �Ildll , ll}Io rl �,VIII Fl ICLl of LVrl�I. uL I. IVI1 , lila lllLd Irl LIIC
illumination and pay 25 percent of the said maintenance and power costs.
4. State shall compile accurate cost accounting records and furnish
City with an itemized statement of actual cost 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 rnctc inrlurlinn anv rnntinaanry itPmc attrihutahla to tha nrniPrt_
The City may request a statement of costs to date at any time by submitting
a written request to State.
CITY OBLIGATIONS
1. City shall , upon execution of the agreement forward to State an
advance deRosit of $5,000, such amount being equal to the estimated cost
of State-provided preliminary engineering.
2. City shall , prior to bid advertising, forward to State an advance
a,.posi + --int �1 +„ inn ..+ „c +6,,. 4.4_+,.a +..+.i _+ .,c
uclJUJ I L I Is ar! alllVll L equa l LV 1 VV per I-cu L V 1 LIIC ZZ L I711a LCU LV ua l %.4J7 L V I
construction for the project, excluding fire preemption devices. No work
shall commence until said advance deposit has been received by State.
Upon completion of the project and receipt from State of an itemized
statement of the ..actual total cost of the project, City shall pay any
amount which, when a ded to City's advance deposits, will equal 100 percent
of the r.itv'c chars of the arcual t.ntal nrniPrt rnst incluliinn rnntin..
gencies. Any portion of said advance deposits which is in excess of
the total actual cost will be refunded or released to City.
s. City shall conduct the required field surveys and provide State
with a V=20' vicinity map to be used for traffic signal and illumination
design.
4. City shall , in accordance with the 1984 Policy Statement for
Cooperative Traffic Control Projects pay for 75 percent of the maintenance
and electrical power costs for the illumination.
_2..
r. rite challin arrnrrianra ,with thin 1CQA Dn1 ie- a+n+e..—+ fno
r . - J —.- , , , - -- vv. - .. SMI. -� -JV IVI .LJ JLa �.GIIIC I14 IVI
Cooperative Traffic Control Projects, pay 100 percent of the electrical
power costs for the signals.
b. 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 far said detector loops , and shall
adequately maintain the pavement markings and signing installed in
accordance with the plans and specifications. r r
7. City shall provide at no cost to the State the right-
nf-rrxv eioerrintinnt and tho rinht-of-witv and normanent PA-,A-
ments for installation and maintenance of the traffic signal
equipment, required for this project, including detector
loops.
S. City shall enter into and execute this agreement during a duly
authorized session of its City Council .
DISTRICT OBLIGATIONS
1 . District shall , prior to bid advertising, forward to State an
advance deposit in an amount equal to 100 percent of the estimated total
cost of fire preemption devices for the project. No work shall commence
until said advance deposit has been received by State.
Vjlurr i:UiizP i et i orr UT t,ric pro jeL l aria i�eCC i Nt r r uiu ;')'Late u r an itemized
statement of the District's share of the total cost of the project,
District shall pay any amount which, when added to District's advance
deposits, will equal 100 percent of the District's share of total project
costs including contingencies. Any portion of said advance deposits which
is in excess of the District's share of the total actual cost will be
refunded or released to District.
2. District shall be responsible for furnishing and installing all
preemption equipment on emergency vehicles operated by the District. The
District shall allow only vehicles which are under its direct control to be
equipped with emergency vehicle preemption devices. The District shall be
responsible for the maintenance of all preemption equipment installed on
vehicles under its direct control .
3. District shall pay for the replacement of all preeriiption equipiient
which becomes obsolete and for which replacement parts are no longer
available.
GENERAL PROVISIONS
1 . State, City, and District agree and understand that mutual
approval of the traffic signal and illumination plans and estimates will be
conducted prior to selection of a contractor,
Cllhiart to the, limitatinnc of the ()rpnnn Constitution anti Statutes_
the City, State, and District each shall be solely responsible for any loss
or injury caused to other parties arising from the City's , State 's, or
District's own acts or omissions under this agreement and the City, State,
,r District JIIQ ! I UGI h It Ila 11111 CJs , and nude I1111Iy t.IIC o t h e r pal L1es VI
this agreement with respect to any claims , litigation, or liability arising
from the City's , State 's , or District's own acts or omissions under this
agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written.
--PThis fgject was approved by the State Highway Engineer on
t under delegated authority from the Oregon Transportation
Commission paragraph No. 20) .
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.
APPR0VAL�fCOMtl V-6 SIATE OF OREGON, by and through its
nonartman+ of Trmncnnr+atinn Wish-n
Ca F,
By i �l ���. �-- Division
-egion Engineer
By
APPROVED AS TO State Highway Engineer
LEGAL SU IENCY
Date
By
.� Asst Attorney General
THE CIO I , by and through
Date a1- its F�i � fyR'�£Df 1 011.als
By
� Mayor
-4
Date �� d' /`"/�
THAI ATIN VAI I FY FIRE RI RFSCIJF. by
and throw h its Board f Directors
ByBy
L
j;
Date
-4-
L CO *
A="i
PROJECT
Fit
^"s It
+
Sc 1-
vKT :V�
14
�1 �.� _ y , k /! •f -rte,.��i =
oI
A. ..i r tI—_171 .
TUALAT!N , M
►�0 9.00 n /'._ h ...rc n Tr i AV\ A r-..!-1
.A.a s
'r = DURHAM
KING CITY
,.ce.• s n
WASHINGTON COUNTY, OREGON
PREPARED BY THE
OREGON STATE HIGHWAY DIVISION
IN COOPERATION WIT;
.hI �I,\_//ff � J +-S• DEPARTMENT OF TRANSPOATATioq
Yl(Aj®41Y� / FEDERAL HIGHWAY ADMINISTRATION
SCALE
0 2000 4000 6000 FEET
February 1985
0 600 1200 1800 METERS AL + ••
EX V41 81`T
CITY OF TIGARD j OREGON
RESOLUTION NO. 89--3
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING VHE MAYOR TO SIGN AN
AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL
IMPROVEMENTS AT THE INTERSECTION OF BEAVERTON-TUALATIN HIGHWAY AND DURHAM ROADS
WHEREAS, Beaverton-Tualatin Highway (Hall Boulevard) is a State highway; and
WHEREAS- the City has reapiewte that t--affic sicinals he installed at the
intersection of Beaverton-Tualatin Highway and Durham Road;
WHEREAS, an agreement has been prepared providing for the State to design and
install the desired signal improvements and providing for the allocation of
project costs; and
WHEREAS, the City has the required funds available from the Major Streets
Traffic Safety Improvement Bond approved by the voters in November of 1988.
NOW, THEREFOkE, BE Lx RESOLVED by the Tigard City Council that:
Section 1: The council hereby authorizes the Mayor to sign, on behalf of the
City, an agreement with the Oregon Department of Transportation
identifying their respective obligations relative to traffic
signal improvements at the intersection of Beaverton-Tualatin
Highway and Durham Road.
PASSED. This day of ".Z989'-1-7
, e_'e � -
Mayor - City of Tigard
A'11'IFrST:
Deputy Recorder - City of Tigard/
dj/ODOT-SS.RW
^rte :yd i0 be a T w
rug Co;y of
Or!i;:hlrJ din
t
RESOLUTION No. 89-35
PAGE 1 C+i3P UtV Recrrrior _ n;- _& -- -
-- WILY Wo 119arQ 1�
Cato: `�
Ft
Department of Transportation
NEIL GOLOSCRMIDT
GOVERNOR TRANSPORTATION BUILDING,SALEM, OREGON 97310
In Reply Refer To
September 12, 1989 File No.:
/City
AGR
of Ti and Tualatin Valle Fire & Rescue
9 Y
PO Box 23397 20665 SW Blanton Street
Tigard, OR 97223 Aloha, OR 97007
Attention: Loreen Wilson
City Recorder
Attached for your records is a fully executed copy of an
agreement for the installation of traffic control equipment,
illumination, and fire preemption devices at the intersection
of the Beaverton-Tualatin Highway and Durham Road.
We have retained a fully executed copy of this agreement for
the Transportation Commission's files.
Fran Neavoll
COMMISSION SERVICES
FKN/rgb
Attachment
731-0146(1-87)
APPROVED: OSHD STAFF
EDM:bkw.
3/21/89
Rev. 4/3/89
Misc. Contracts & Agreements
No., 9718
COOPERATIVE IMPROVEMENT AGREEMENT
TRAFFIC SIGNAL & ILLUMINATION 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
Elected Officials , hereinafter: referred to as "City", .and Tualatin Valley
Fire & Rescue, a political subdivision of.the State of Oregon, acting by
and through its Officers, hereinafter :referred to as "District
W I T N E S S E T H
RECITALS
1. For the purpose of providing an acceptable traffic circulation -
pattern on public highways and roads the State, City, and the District .plan
and propose to install traffic control signal equipment and illumination .
and fire preemption devices on the Beaverton-Tualatin Highway at the
intersection of Durham Road, hereinafter referred to as ''project". The
project will be financed 100 percentby City and District with._no .expense
to State. 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.
2. 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 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 approval .
3. By the authority granted in ORS 366,425 , as. amended by.
Chapter 365, Oregon Laws, 1979, State may accept deposits. of money, or an
irrevocable. letter of credit, from any person, firm, or Icorporation for the
performance of work on any public highway within the State. When any. money
or a letter is deposited, the State shall proceed with the project. Money
so deposited shalt be disbursed for the purpose for which it was deposited.
4. By the authority granted in ORS 366.770 and .366.775, the State may
enter into cooperative agreements with cities for the performance of work
on certain types of improvement projects with allocation of costs on terms
and conditions mutually agreeable to the contracting parties.
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, identify and obtain or issue the
required permits, arrange for relocation or adjustment of any conflicting
utility facilities lying within jurisdiction of State, perform` design
work required to produce plans, specifications and cost estimates_ for the
traffic signals and illumination, advertise for bid proposals, award all
contracts, and furnish all construction engineering, material testing,
technical inspection and project manager services for administration
of the contract.
2. State shall , upon completion of construction, retain complete
jurisdiction and control. of the timing established for operation of the
traffic signals, and maintain the traffic signals at State expense.
3. State shall , upon completion of construction, maintain the
illumination and pay 25 percent of the said maintenance and power costs.
4. State shall compile accurate cost accounting records and furnish
City with an itemized statement of actual cost 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.
The City may request a statement of costs to date at any time by submitting..
a written request to State.
CITY OBLIGATIONS
1. City. shall , upon execution of the agreement forward to State an
advance deposit of $5,000, such amount being equal to the estimated cost
of State-provided preliminary engineering.
2. City shall , prior to bid advertising, forward to State an advance
deposit in an amount equal to 100 percent of the estimated total cost of
construction for the project, excluding fire preemption devices. No work
shall commence until said advance deposit has been received by State.
Upon completion of the project and receipt from State of an itemized
statement of the actual total cost of the project, City shall pay any
amount which, 'when—died to City's advance deposits, will equal 100 percent
of the City's share of the actual .total project cost including. contin-
gencies. Any portion of' said .advance deposits which is in excess of
the. total actual cost will be refunded or released. to City.
3. City shall conduct the required field surveys and provide State' :
with a l"=20' vicinity map to be used for- traffc signal and illumination
design.
4. City shall , in accordance with .the 1984 Policy Statement for
Cooperative Traffic Control Projects .pay for. 75 percent of the maintenance
and electrical power costs for the illumination.
-2-
5. City shall , in accordance with the 1984 Policy Statement for
Cooperative Traffic Control Projects, pay 100 percent of'the electrical
power costs .for the signals.
6. City shall maintain the asphaltic concrete pavemen 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
accordance with the plans and specifications.
7. City shall provide at no cost to the State the right-
of-way descriptions and the right=of-way and permanent. ease-
ments for installation and 'maintenance of the traffic signal
equipment, required for this project, including detector
loops.
8. City shall enter into and execute this agreement during a duly
authorized session of its City Council.
DISTRICT OBLIGATIONS
1 . District shall , prior to bid advertising, forward to State an
advance deposit in an amount equal to 100 percent of the estimated total
cost of fire preemption devices for the project. No ,work shall commence
until said advance deposit has been received by State.
upon completion of the project and receipt from State of an itemized
statement of the District's share of the total cost of the project,
District shall pay any amount which, when added to District's advance
deposits, will equal 100 percentof the District's share of total project
costs including contingencies. Any portion of said advance .deposits which
is in excess of the District's share of the total actual cost will be
refunded or released to District.
2. District shall be responsible for furnishing and installing.all
preemption equipment on emergency vehicles operated by the District. The
District shall allow only vehicles which are under its direct control to be
equipped with emergency vehicle preemption devices. The District shall be
responsible for the maintenance of all preemption equipment installed on
vehicles under its direct control .
3. District shall pay for the replacement of all preemption equipment
which becomes obsolete and for which replacement parts are no longer
available.
GENERAL PROVISIONS
1. State, City, an'd District. agree .and understand that mutual
approval of the traffic signal and illumination plans and estimates will .be
conducted prior to selection of a contractor.
Subject to the limitations of the Oregon Constitution and statutes,
the City, State, and District each shall be solely responsible for any loss
or injury caused to other parties arising from the City's, State's, or
District's own acts or omissions under this agreement and the. City, State,
-3-
or District. shall d'efend, :hold harmless, and indemnify the other parties of
this agreement with respect to. any claims, litigation, or liability arising
from the City's, State's, or District's own acts or omissions under this
agreement.
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 State Highway Engineer on
under delegated authority from the Oregon Transportation
Commission paragraph No. 20) .
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.
APPROVAL STATE OF OREGON, by and through its
Department of Transportation, Highway
By Division
egion Engineer
By
APPROVED AS TO State H , way Engineer
LEGAL SUFFICIENCY
Date
By
As-01 Attorney General
THE ClF RD, by and through
Date g 21-8�J its ec e 0 fi al.s
By
Date
TUALATIN VALLEY FIRE & RESCUE, by
and thr ^ugh/it Boar
By d of Directors
V
/^Y'04���
By —
Date 12
-4-
_..•i_ +`� r•-� .%,,..�1 °� � ,tet• �I ,�° � ••,> 1
�_�• wren >-L L.aa' Lf� f 3)
�L
cl
4
�-�-' PROJECT
`r }
rn n
' ,i � .••••n -.i -- ._ ' wa.
.41
• •• r. o I � 1 ,� tt
coo.> �1'tr T r...:.v.m. •Z r Iry `f DAY• 00
oil
'�'r �--) I`�1 t1.. i�r•.A4• .�----- IIS•.J �a"' 'e 3 1 13 P L,.��# .� •
1
eu�r— ( ie• ,o.w I /�� N �I �� i // �yi'. , e.t � - ±f �•.' � •w • j�I
yft =L�..�°n-S 1 •w�j' aa.� tii b a+
sLr 3 :%! 1.a• a: I
PURHAM . �% .� • f17
as .... *....... I I �l �..� I'`y ` � +i/>> I . '>I'••'�I r,,y �"",•-•; ��,�'r?4a.9! __
• te.r>rw I I .� � ct.i is r�1 .�w�C 1
•�• I eve � ���— i •���;� � ��� I p7 • .•dl� 1 •/--
I +!� r �>>, •�r°.. _ _ � 3 a.. I�J O-seal •\�°.n
w
RIV®RI
GROVE ,� 1
9.�TUALATI N T1GAR®
DURHAM
p ' p/.
Won- ,�
KING CITY
rr WASHINGTON COUNTY, OREGON
Lqa ,
(71
•o•o�:_:1 . ILS ae ,.••1�Lbokl ^ - QZ -
L � i G U
L•C L-1 ..., �_ PREPARED BY THE
OREGON STATE HIGHWAY DIVISION
ilI ` �`v / �•s-�— IN COOPERATION WITH
v � U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
SCALE
0 2000 4000 6000 FEET
February 1985
0 600 1200 1800 ,METER 5
CITY OF TIGARD, OREGONN,
RESOLUTION NO. 89-3
A RESOLUTION. OF THE TIGARD CITY ..COUNCIL AUTHORIZING THE MAYOR TO SIGN AN
AGREEMENT WITH THE OREGON DEPARTMENT . OF TRANSPORTATION FOR. TRAFFIC SIGNAL
IMPROVEMENTS AT THE INTERSECTION OF BEAVERTON-TUALATIN HIGHWAY AND DURHAM ROAD.
WHEREAS, Beaverton-Tualatin Highway (Hall Boulevard,) is a State highway; and
WHEREAS, the City has requested that traffic signals be installed at the
intersection of Beaverton-Tualatin Highway and Durham Road;
WHEREAS, an agreement has been prepared providing for the State to design and
install the desired signal improvements and providing for -the allocation of
project costs; and
WHEREAS, the City has the required funds available from the Major Streets
Traffic Safety Improvement Bond approved by the voters in November of 1988.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Council hereby authorizes the Mayor to sign, on behalf of the
City, an agreement with the Oregon Department of Transportation
identifying their respective obligations relative to traffic
signal improvements at the intersection of Beaverton-Tualatin
Highway and Durham IRoad.
PASSED: This day of 989
Mayor - City of Tigard
ATTEST:
Deputy Recorder - City of Tigard/
dj/ODOT-SS.RW �)�
od to be a Trug Copy of
Orig!nd on iiio
RESOLUTION NO. 89--b
PAGE 1DO�t�ty Record r City o? 'Tigard
Data: `�