Resolution No. 95-30 CITY OF TIGARD, OREGON
RESOLUTION NO. 95-_30_
A RESOLUTION AUTHORIZING TELE MtiYOR AND CITY RECORDER TO SIGN A
COOPERATIVE IMPROVEMENT AGREEMENT FOR DESIGN OF IMPROVEMENTS TO
GREENBURG ROAD AT HIGHWAY 217.
WHEREAS, County fundincj is available for improvements to Greenburg Road
at the crossing of Highway 217; and,
WHEREAS, County proposes that design of thtc improvements be performed by
the Oregon Department of Transportation (ODOT) ; and,
WHEREAS, a Cooperative Improvement Agreement is required in order for
ODOT to proceed with the design work; and,
WHEREAS, the City Council finds that the proposed project will be a
benefit to the motoring public.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Mayor and City Recorder are hereby authorized to
sign, on behalf of the Citv of Tigard, the CRoperative
Improvement Agreement att ched hereto as Ex h' it "A".
PASSED: This 7�h t_ day of 1995.
Mayor",57ntj of TIgard
ATTEST:
tAo
City Recorder - City of TVjard
rw/green.rds
RESOLUTIGA NO. 95-3c)
Page 1
Misc.Contacts and Agreements
g3MZ]33T "A" No. 13489
COOPERATIVE IMPROVEMENT AGREEMENT
PRELLN41NARY ENGINEERING
THIS AGREEMENT is made and enteied into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation,hereinafter referred
to as"ODOT";WASHINGTON COUrNr-1,a political subdivision of the State of Oregon,
acting by and through its Board of County Commissioners, hereinafter referred to as
"COUNTY"; and the CITY OF TIGARD, also a municipal corporation of the Sute of
Oregon,acting by and through its Elected Officials,thereinafter referred to as"CITE'".
WITNESSETH
RECITAL S-
9. The Beaverton-Tigard Highway(Oregon 217).is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation Commission. SW
Greenburg Road north of SSW Oak Street is a COUNTY road under jurisdiction and
control of V ftshiR --n PCcuf 4. �A Cal C u a crew, e'_�-
I.... ..y. �&, Svv Ghauy Lane, and SW
Greenburg Road south of Beaverton Tigard Hwy.are City of Tigard facilitses.
2. By the authority granted in ORS 355.770, and 366.775, ODOT may enter into
cooperative agreements with the counties and cities for the performance of Mork 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 and for the purpose of providing acceptable traffic patterns on
public highways, COUNTY and CITY have requested ODOT to w uer� Or enbu,gg
Road where it crosses Beaverton - Tigard Hwy. to two through lanes in each
direction plus other associated irnpravemernfs necessary for the smooth flaw of
traffic, hereinafter referred to as `PROJECT". The location of the PROJECT is
approximately as shown on the map attached hereto, marked "Exhibit A7. and by
this rederence made a part hereof. This agreement covers only the preliminary
engineering and design portion of the project.
4. The PROJECT preliminary engineering and design will be financed with a maximum
of $215,000 in MSTIP (Major Street Transportation Improvement Program) funds
provided by COUNTY and at no cast to ODOT or CITY.
5. By the authority granted in ORS 355.425,ODOT may accept deposits of money,or
an irrevocable letter of credit, from any county, city, person,firm oe corporation for
L °s3.C. A:.1`e10. 13466)
WASHINGTON COUNTY
CITY OF TIGARD
the performance of words on any public highway within ODOT. When said money or
a letter of credit is deposited, ODOT shalE proesed with the PROJECT. Money so
deposited shall be disbursed icor the purpose for which it was deposited.
S. By the authority granted in ORS 010.210, ODOT is authorized to determine the
character or type of trarM.c central devices to be used, and to place or erect them
upon State highways at places where ODOT deems necessary for the safe and
expeditious control of traffic. No traffic control devices shall be erected,maintained,
or operated upon any State highway by any authority other Yuan ODOT,excel°with
its written approval.
NOW, Th.—REFORE, the premises being in general as stated in the foregoing
RECITALS,it is agreed by and between the partes hePeto as fol!ows:
ODOT OBLIGATIONS
1. ODOT shall,at PROJECT expense,conduct thhe necessary field st,rve--and±aft
investigations;and perform all preliminary engineering and design work required to
produce plans,specificatiuns and estimates.
2. ODOT shall, upon execution of this agreement, request COUNTY to forward an _
advance deposit far the Anil estimated cost($215,000)to design this PROJECT.
3. ODOT shall compile accurate cost accounting records and furnish COUNTY with
monthly itemized statements of said preliminary engineering and design casts.
4. ODOT shall, upon execution of this agreement, provide a schedule for prelimirarf
engineering and design work. The schedule wiii be reviewed and approve„ by
County am C TY prior to commencing work on the PROJECT. The $2153000 oast
for PROJECT preliminary Engineering and design work is fixed. Any changes to the
sche:.t .a or cost estimator identified by any party to this agreement must be
reviewed and approved by the other parties to this agreement. A new schedule and
cost es'mate, as needed, wili be provide. by Out�i. A supplement to this
agreement vAll be required for any PROJECT cast incr-ase above$215,000.
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M1 .C.&A.NO. 13489
WASHINGTON COeis'r i F
CITY OF TIGARD
COUNMY OBLIGA NS
I. The COUNTY hereby grants ODOT the exclusive right to enter onto and occupy
COU vi't right-of=way for the performance of the preliminary engineuring and
surveying,associated with the PROJECT.
2. The COUNTY shall, upon execution of this agreement and notification frim ODOT,
forward to ODOT a maximum of$215,000 for the estimated costs of prelirminary
engineering and design of the PROJECT. Additional advance deposit requests will
not be made without a supplement to this agreement. -
3. Gourriry shall identify and obtain all project required permits at its own expense.
4. The COUNTY shall authorize execution of this agreement during a regularly or
specially convened session of its Board of Commissioners.
CITY OBLIGATIONS
1. CITY hereby grants ODOT the exdusive right to enter onto and occupy its city right-
of-may
ightoff-may for the performance of the preliminary engineering and surveying associated
with the PROJECT.
2. CITY shall authorize execution of this agreement during a regularly or specially
convened public session of its City Council.
GENERAL PROVISIONS
1. ODOT standards shall be used when designing and constructing any portion of the
PROJECT within ODOT riaert-of-way.
2. The contractor, its subcontractors, if any, and all empiovers working under this
Agreement are subject employers under- the Oregon Worker's Compensation Law
and shall comply with ORS 636.017, which requires them to provide, workers'
compensation coverage for all their subject workers.
IM WITNESS WHEREOF,the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
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M.C.3,A.NO.13483
CITY OF TIGARD
The Oregon Transportation Commission by Delegation Order Na 35C paragraph 66,
authortzed the State Highway Engineer to approve and sign this agreement for and on
G:.a::of le Ccrnmission. Said iauthority is set forth in the Minutes of the Oregon
Transpoft-tion Commission.
STATE OF OREGON, by and through
its Department of Transportation
APPROVAL RECOMMENDED:
BY- By:
P--.Inn Manager State i-'sigi.way Engineer
BY: Date:
State Traffic Engineer
WASHINGTI ON COUNTY, by and
APPROVED AS TO through its Board- of County
LEGAL SUFFICIENCY Commissioners-
Bar By:
Asst.Attorney General Chairman
Date: Date:
AP'P'ROVED AS TO CITY OF ARD, by and r � h its
LEGAL SUFFICIENCY Elected f Is %
f /dX
ry esy i w
County Counsel or
By BY
City Counsel ac::rd�r
Date �����8�
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