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Resolution No. 91-37 i CITY OF TIGARD, OREGON RESOLUTION NO. 91-,) i t A RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDEP_ TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR ROADWAY IMPROVEMENTS RELATED TO THE REALIGNMENT OF GAARDE STREET AT HIGHWAY 99W. WHEREAS, the Comprehensive Plan Transportation Map calls for the realignment of Gaarde Street to intersect Highway 99W at the existing intersection with McDonald Street; and, WHEREAS, funding for the realignment project is provided by the City thrcugh its Major Streets Traffic Safety Improvement Bond and by the Oregon Department of Transportation (ODOT); and, WHEREAS, a Cooperative Improvement Agreement/Preliminary Engineering and Construction Finance has been prepared to provide for project coordination and the sharing of project responsibilities between the City and ODOT. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: The City Council hereby authorizes the Mayor and the City Recorder to sign, on behalf of the City, the Ccoperative Improvement Agreement/Preliminary Engineering and Constrt.ction Finance with the Oregon Department of Transportation, providing for the design and construction of the realignment of Gaarde Street at Highway 99W. PASSED: This �/ day of / [, �, 1991. _/Mayor ----City of Tigard ATTEST: j City Recorder - City of TlgardY rw/gaarde-r RESOLUTION NO. 91- E3 i Page 1 2 s _ mss,®b-� ;; May 20, 1991 Misc. Contracts & Agreements No. 10688 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE 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". W I T N E S S E T H RECITALS 1. Pacific Highway West (99W) is a part of the State highway system under the jurisdiction and control of the: Oregon Transportation Commission, and S.W. Gaarde Street is a part of the City Street System, under the jurisdiction and control of the City of Tigard. 2. For the purpose of providing acceptable traffic patterns on public highways, State and City plan and propose to realign Gaarde St. to intersect 99W opposite S.W. McDonald St., replace existing traffic signal, and improve said intersection to accomodate these changes, hereinafter referred to as "project". The location of the p_�ject is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. State to contribute an amount not to exceed $180,000.00 for the construction and inspection of the signal portion of project and any needed roadwork on 99W. State will also provide preliminary engineering for the signal portion of the project at no cost to the City. City will finance all remaining costs of the project. 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 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. Traffic signal work on the project will conform to the current State standards and specifications. B1191003 / Key 05309 Contract No. 10688 THE 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 I. State shall issue the required permits for the Gaarde Road approach, conduct necessary field survey on 99W for the signal portion of the project, provide all design work re- quired to produce plans, specifications and cost estimates for project traffic signals, provide material testing, technical in- spection and certain project manager services for administration of the traffic signal portion of the project. 2. State shall, upon request by City, and at City expense, relocate or reconstruct, or cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains. pipe --, and all other such facilities of every kind and nature, where such utilities and facilities are located within the right-of-way of any presently existing Stat.- Highway where such relocation or reconstruct-ion is necessary i n order to conform the utilities or facilities to the plans for the project. State may request City to arrange for said relocation, acting on behalf of State. 3. State shall, at City's expense, assign a liaison person to monitor the roadwork performed by City, or i is contractors, within the right-of-way boundries of 99W. All materials and installation work for the traffic signal shall be subject to inspection and approval by the State. 4. State shall, upon award of the contract, forward to City a lump sum of $180,000.00 for the traffic signal portion of the project and any needed roadwork on 99W. 5. State shall, from existing State right-of-way, provide the necessary right-of-way and easements for any required road- way widening. 6. State shall, upon completion of project, perform all requir- ed signal maintenance at State expense and retain complete jurisdiction and control of the timing established for operation of the traffic signals. 7. State shall, upon completion of project, perform all requir- ed maintenance on roadway portion of 99W. B1191003 -Z- r Contract No. 10688 THE CITY OF TIGARD 8. State hereby grants the City the right to enter into and occupy State Highway right-o£-way for installation of traffic signal equipment, necessary road work, and necessary utility work. CITY OBLIGATIONS 1. City shall conduct the necessary field surveys, perform all preliminary engineering and design work required to produce plans, specifications, and cost estimates for the roadway portion of the project,obtain the necessary right-of-way, easements, and all required permits, prepare the contract and bidding documents, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, road work inspection and project manager services for administration of the contract. 2. City shall,upon request by State, compile accurate cost accounting records and furnish State with an itemized statement of actual costs to date for the construction of the traffic signal portion of the project and any needed roadwork on 99W. When the actual total cost of the project has been computed, City shall furnish State with an itemized statement of said final costs, including constuction engineering, contractor payments and all contingency items attributable to the project. If, upon completion, the total costs for the traffic signal portion of the project are less than $180,000.00, City shall refund to State the difference. 3. City shall conduct the necessary traffic investigations for the design of the S.W. Gaarde St. realignment. 4. City shall relocate or reconstruct, or, cause to be relocated or reconstructed, all privately or publicly-owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature, where such utilities or facilities are located within the right-of-way of any presently existing City street or upon private property, where such relo- cation or reconstruction is necessary in order to conform the utilities or facilities to the plans for the project. 5. City shall notify State when contract has been awarded and request State to deposit $180,000.00 with City for State's share of construction costs for traffic signal portion of the project and any needed roadwork on 99W. i B1191003 -3- Contract No. 10688 THE CITY OF TIGARD 6. City hereby grants the State the right to enter into and occupy City street right-of-way for maintenance of the traffic signal equipment, including vehicle detector loops. 7. City shall maintain the asphaltic concrete pavement surroundirg 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. 8. City shall be responsible for roadway maintenance of McDonald Street and new section of S.W. Gaarde Street. City shall also maintain the original section of Gaarde Street which will have limited access on 99W. 9. City shall, upon completion of the project, provide for and pay all costs of electrical energy consumed in operation of the traffic signal equipment_ 10. City shall authorize execution of this agreement during a regularly convened session of its-City Council. GENERAL PROVISIONS 1. State and City agree and understand that a mutual review of the traffic signal and 99W modification plans and estimates will be conducted prior to advertisement for construction bid proposals. 2. Subject to the limitations of the Oregon Constitution and statutes; City and State each shall be solely responsible for any loss or injury caused to third parties arising from City's or State's own acts or omissions under this agreement, and City or State shall defend, hold harmless and indemnify the other party to this agreement with respect to any claim, litigation or liability arising from City's or State's own acts or omissions under this agreement. 3. 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. B1191003 -4- MW _ �- -- �rH. t _ .�-7— sae m4:'.. —waMAE migaigll_ MEN�A_— ��.. - - nor- Contract No. 10688 City of Tigard This project was approved by the Oregon Transportation Commission on July 17, 1990 as part of the Six Year Highway Imp Program, page 19. rovement The Oregon Transportation Commission, by a duly adapted 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. APPROv,A,t,% jyl DED STATE OF OREGON, and through anthrough By ��, „ its Department of Transportation, Region Engineer Highway Division � APPROVED AS TO By LEGAL SUFFICIENCY State Highway Engineer By Date 1 Asst. Attorney General Date THE CITY OF TIGARD, by and through its Elected Officials APPROVED AS TO By LEGSUEFICIE Mayor By, By amity At: orney Recorder Date �C, ' /`C' ( Date t i B1191003 -5- - „��m��E- NEI, C 1C �Ml Ml . '• - - K mil I� a3 �� ... '�IL�L -, LL-J, a IL AI MIC —J,_��•.r��„r•J„L.—�a ,oma is ED Fl cwcl �•'�� i lam_' �Fx�•D Via' 41 :�..,....... _ _ �- � — l