ODOT - Maintenance-Power Agreement Approved: L. E. George
MCH:pf
8/2/83
Misc. Contracts & Agreements
No. 7512
SUPPLEMENTAL
MAINTENANCE-POWER AGREEMENT
TRAFFIC SIGNAL INSTALLATION
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
City Officials, hereinafter referred to as "City".
WITNESSETH
RECITALS
1. The Beaverton-Tigard Highway, State Secondary Highway No. 144, is
a part of the state highway system under the jurisdiction and control of
the Oregon Transportation Commission, and 72nd Avenue, Yarns and Hampton
Streets and Hunziker Road are part of the city street system under the
jurisdiction and control of the City of Tigard.
2. State and City in their judgement have deemed it necessary and
desirable, in order to maintain a safer and more expeditious flow of
traffic, to install an inter-connected traffic control signal system and
roadway lighting as a part of the 72nd Avenue Interchange Section of the
Beaverton-Tigard Highway, hereinafter referred to as "project".
3. By the authority granted in URS 366.770 and 366.775, the State may
enter into cooperative agreements with the various 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 con-
tracting parties.
4. By the authority granted in ORS 387.850, 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 con-
trol signals shall be erected or maintained upon any state highway by any
authority other than State, except with its written approval.
5. This agreement is intended to more clearly define the maintenance
and power responsibilities which are stated in general terms in the State-
City Throughway Agreement of September 23, 1981 concerning construction and
maintenance of the 72nd Avenue Interchange.
NOW, THEREFORE, the premises being in general as stated in the fore-
going RECITALS, it is agreed by and between the parties hereto as follows:
STATE OBLIGATIONS
1. State shall conduct the necessary field surveys and traffic
investigations, identify and obtain all permits, 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 administration of the contract. The traffic
signal installation may be accomplished by the use of state forces, by
contract or by any combination of these methods, as the State may elect.
2. State shall, upon completion of the project, assume all respon-
sibility for maintenance of the roadway illumination system and accept all
responsibility for, and pay all costs of, electrical energy consumed in
operation of the illumination system.
3. In order to assure the integrity of the inter-connected traffic
system, the State shall perform all necessary maintenance for operation of
the entire inter-connected system, and shall bear all costs of such mainte-
nance for the traffic signal equipment at Hunziker Road, Varns Street and
the North Bound Ramp Terminal. The actual cost of such maintenance for the
traffic signals at S.W. Hampton Street shall be billed to the City. The
State shall notify the City of any anticipated routine or emergency mainte-
nance or repair costs in excess of $5,000 per incident prior to performing
such maintenance or repair.
4. State shall retain general jurisdiction and control of the timing
established for all traffic signals within the inter-connected traffic
signal system, except that the State shall confer with, and obtain con-
currence of, the City for timing changes affecting the traffic signals on
72nd Avenue at S.W. Hampton Street.
CITY OBLIGATIONS
1. City shall, upon completion of the project, accept all responsi-
bility for, and pay all costs of, electrical energy consumed in operation
of the traffic signals on 72nd Avenue at Hunziker Road, Varns and Hampton
Streets, and the North Bound Ramp Terminal.
2. City shall reimburse the State, as billed, for the actual cost of
routine and emergency maintenance and repair of the traffic signal equip-
ment installed on 72nd Avenue at Hampton Street.
-2-
3. City shall adopt a resolution authorizing its designated City
Officials to enter into and execute this agreement on behalf of the City,
and a copy of said resolution shall be attached hereto and become a part
hereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written. The City
has acted in this matter in accord with Resolution No. 3 , Y V
adopted by its City Council on the 2;i
1983.
This project was approved by the Oregon Transportation Commission on
January 19, 1982 as a part of the Six Year Highway Improvement Program
(page 54) .
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.
APPRO OMME D STATE OF OREGON, by and through
its Department of Transportation,
By Highway Division
Region Engineer
By
Sta e Highway Engineer
Date 1/Z 7/
CITY OF TIGARD, by and through
its City Ufficials
y 7 c
Mayor
B &), e Crt
City Recorder
-3-
CITY OF TIGARD, OREGON
RESOLUTION NO. 83-2,!�
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION
(ODOT) FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS COSTS AT HIGHWAY
217 AND S.W. 72nd AVENUE INTERCHANGE.
WHEREAS, the Tigard City Council wishes to enter into an agreement
with the Oregon Department of Transportation (ODOT) regarding the obliga-
tions of the State and the obligations of the City, and
WHEREAS, the City and State have deemed it necessary to install
traffic signals at Hwy 217 and S.W. 72nd Avenue in order to maintain a
safer and more expeditious flow of traffic.
NOW, THEREFORE,
BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
Section 1: The Council hereby authorizes the Mayor and City Recorder to
sign, on behalf of the City, an agreement with the Oregon
Department of Transportation identifying their respective
obligations relative to the costs of maintenance and opera-
tion of said signals.
PASSED: This _�` day of .s L 1983.
+i
i
f
Mayor
ATTEST:
City Recorder
l
APPROVED TO FORM:
City Attorney
RES. NO. 83-_
i
CITY OF TIGARD, OREGON
RESOLUTION NO. 83-
I
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION
(ODOT) FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS COSTS AT HIGHWAY
217 AND S.W. 72nd AVENUE INTERCHANGE.
WHEREAS, the Tigard City Council wishes to enter into an agreement
with the Oregon Department of Transportation (ODOT) regarding the obliga-
tions of the State and the obligations of the City, and
WHEREAS, the City and State have deemed it necessary to install
traffic signals at Hwy 217 and S.W. 72nd Avenue in order to maintain a
safer and more expeditious flow of traffic.
NOW, THEREFORE,
BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT:
Section 1: The Council hereby authorizes the Mayor and City Recorder to
sign, on behalf of the City, an agreement with the Oregon
Department of Transportation identifying their respective
obligations relative to the costs of maintenance and opera-
tion of said signals.
PASSED: This 2,;� ` day ofct_ a s L 1983.
I
i
Mayor
ATTEST:
City Recorder
APPROVED TO FORM:
City Attorney
RES. NO. 83- f k
23. APPROVE CITY ADMINISTRATOR EVALUATION CRITERION
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
24. APPROVE MINUTES - July 25 & August 8, 1983
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
LROVE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION FOR SIGNAL
RGY AND MAINTENANCE COSTS - Hwy. 217 and 72nd Avenue
Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
26. ACCEPT STREET DEDICATION AND WAIVE RECORDING FEE - SW 78th
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
27. RESOLUTION NO. 83-76 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
PUBLIC STREET IMPROVEMENTS KNOWN AS SW KATHERINE
STREET EXTENSION, GENERALLY LOCATED WEST OF SW
121ST AVENUE, SUBJECT TO HEREIN SPECIFIED
CONDITIONS.
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
28. AUTHORIZE RELEASE OF CASH BOND - $8,850 - SW Katherine Street/Tigard
School District
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
29. CALL SPECIAL COUNCIL MEETING FOR TUESDAY, SEPTEMBER 6, 1983 AS EXECUTIVE
SESSION
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Motion was approved by 3-2 majority vote of Council with Councilors
Scheckla and Scott voting NAY.
PAGE 9 - COUNCIL MINUTES - AUGUST 22, 1983