ODOT - Bikeway Project Agreement APPROVED OSHD. Staff
DATE: February 3., 1993
..Misc. Contracts & Agreements
No. 11,627
BIKEWAY PROJECT AGREEMENT
THIS AGREEMENT is made and entered into by and between THE STATE
OF OREGON, acting by and through its Department of
Transportation, hereinafter referred to as "State"; and
CITY OF TIGARD, acting by and through its Elected Officials,
hereinafter referred to as "City. "
WITNESSETH
RECITALS
1 . By he authority granted in ORS 366. 514, funds received from
the State Highway Trust Fund will be expended by the State and
the various counties and cities for the establishment of
footpaths and bicycle trails. The establishment and. maintenance
of such footpaths and bicycle trails are for highway, road, and
street purposes.
2. By the authority granted in ORS'.366 . 770 and 366: 775, State
may enter into cooperative agreements with 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.
3 . Under such authority, State and City plan and propose to
construct the Scholls Ferry Road to Walnut St. Section of the
121st Ave. Bikeway, 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.
4. City has determined that the actual cost of' the bikeway .
project is estimated to be $65, 000 . This cost shall be. shared by
State and City; • with .State to provide up to an amount not to
exceed $50, 0.00," or 80 percent of the total project cost,
whichever is lesser. The remaining project cost is. to be .
provided by City.
BCH93008
Contract No. 11,627
City of Tigard
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' s Bicycle/Pedestrian Program Manager shall review and
concur in the plans prepared by City before construction begins,
and shall process all billings submitted by City.
2. Upon receipt of notification that the City is prepared to
proceed with the work, State shall deposit with City the sum of
$25,000, such amount being equal to 50 percent of the agreed
maximum State share of project costs. Said deposit shall not be
made prior to July 1, 199 . Upon completion of project,
inspection by the Bikeway Program staff, and receipt from City
of an itemized statement of the actual total cost of the
project, State shall deposit with City a final payment of
$25,000, or the remainder of 80 percent of the actual total cost
of the bikeway project, whichever is the lesser. In no event
shall participation by State exceed the total sum of $50,000 .
CTIY OBLIGATIONS
1 . City or its consultant shall conduct the necessary field
surveys, prepare plans and contract documents; advertise for bid
proposals, award all contracts, and supervise construction of
the project. Actual construction of the project may be
accomplished by City forces, by contract, or by any combination
of these methods, as City shall elect.
2. City shall submit a copy of the plans and specifications
to State ' s Bicycle/Pedestrian Program Manager for State review
and concurrence prior to construction. The bikeway design,
signing, and marking shall be in conformance with the 1992
Oregon Bicycle Plan.
3 . City shall by October 1, 1993, enter into a contract for
development of project with a private contractor or commence
actual development if project is to be accomplished by the use
of City forces. City shall complete project within one
calendar year from initiation of a contract or commencement of
the project.
4. Should City fail to commence work on the project by February
1 , 1994, City shall lose State funding match.
BCH93008 -2-
Contract No. 11,627
City of Tigard
6. City shall, upon completion of project, submit to State
Bicycle/Pedestrian Program an itemized statement of the final
actual total cost of the bikeway project.
7. City shall, upon completion of project, thereafter
maintain and operate the bikeway at its own cost and expense,
and in a manner satisfactory to State.
8. City shall enter into and execute this agreement during a
duly authorized session of its City Council .
MUTUAL OBLIGATIONS
1 . 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.
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 approved this project on
November 17, 1992, as part of the Fiscal Year 1994 Bikeway .
Program. At that time the State Highway Engineer was authorized
to execute this agreement for and on behalf of the Commission.
This format approved as to legal sufficiency on January 26, 1993
by the Assistant Attorney General .
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation,
By f AI'a L Highway Division
Bikeway Program Mgr.
By
Date y State Highway Engineer
Date S - l Z - �3
C TIGARD, b .
ro �h itsec d Officials ' I /
Date `7l a� K3 - ---
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BCH93008 - 3-
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