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Resolution No. 08-78 CITY OF TIGARD, OREGON .l IGARI:7 CITY COUNCIL SOLUTION NO. 08 29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIG RD, OREGON APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT), WASHINGTON COUN-fy, AND THE CITY OF TUALATIN TO ESTABLISH MAINTENANCE RESPONSIBILITIES FOR: THE COMPLETED BRIDGEPORT VILLAGE IMPROVEMENTS. WHEREAS, the improvements constructed undo: the Bridgeport Village Project have been completed; and WHEREAS, there is a need to establish maintenance responsibilities for the facilities constructed as part of the project,and WHEREAS,the City of Tigard has responsibility and jurisdiction overall project improvements within the Tigard rights-of-way, which include a portion of SW 72nd Avenue and the traffic signal system at the entrance to the North Park.and Ride lot; and WHEREAS, the proposed IGA, labeled as a Construction Management/Maintenance Agreement using ODOT's format,has been reviewed by all jurisdict cns involved and is ready for signature;and NOW,THERE FORE,BE IT RESOLVED by the Tigard City Council that: SEC'T'ION 1: The Construction Management/Maintenance Agreement attached as Exhibit A to this Resolution is hereby approved. SECTION 2, The City Manager is authorized to sign all agreement documents. SECTION 3 This resolution is effective immediately upon passage. PASSED.This Lb dale of ' 2008. Mayor City of Tigard ATTEST. �P-�'�'� 02 1 c City Recorder-City of Tigard iAenglguslresolutionslt2-09-08 resolution approving an iga to establish maintenance responsibilities for bridgeport village improvements rzs.doe RESOLUTION NO. 08- Page 1 A Misc. Contracts & Agreements 13CC e00 No. 21,894 CONSTRUCTION MANAGEMENTIMAINTENANCE AGREEMENT SW 72"d Avenue, Lower Boones Ferry Road, and SW Bridgeport Road Washington County City of Tualatin City of Tigard THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, hereinafter referred to as "ODOT"; WASHINGTON COUNTY, acting by and through its Board of Corn-nissioners, hereinafter referred to as "COUNTY"; the CITY OF TUALATIN, a political subdivision of the State of Oregon, acting by and through its City Council, hereinafter referred to as "TUALATrN"; and the CITY OF TIGARD, a political subdivision of the State of Oregon, acting by and through its City Council, hereinafter referred to as"TIGARD". RECITALS I Portions of SW Lower Boones Ferry Road are a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission. Pacific Highway (Interstate 5, 1-5) is also a part of the state highway systerp under the jurisdiction and control of the Oregon Transportation Commission. SW Bridgeport Road and a portion of SW 72"a Avenue are County roads under the jurisdiction and control of the COUNTY. A portion of SW 72"d Avenue is a city street under the jurisdiction and control of TIGARD. SW 65`h Avenue/McEwan Road is a city street under the jurisdiction and control of TUALATIN. 2. By the authority granted in ORS 190,110, 366.572, and 366.576, ODOT may enter into cooperative agreements with the counties, cities, and units of local goveriunents 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. By the authority granted in ORS 810.2 10, ODOT is authorized to determine the character or type of traffic control 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 arty authority other than ODOT, except with its written approval. Traffic signal work oil this Project will conform 'to the current ODOT standards and specifications. 4. ODOT and COUNTY entered into a Property Transfer Agreement No. 20860 dated March 12, 2004, for the purpose of transferring certain ODOT surplus property and operating Tight of way in exchange for the County's agreement to assume ownership and maintenance responsibility of certain road segments, and to convey to ODOT equivalent monetaty value. M.C. &A. NO. 21894 Washington County City of Tualatin Citrj of Tigard The County's roadway improvement project in the vicinity of SW 72"d Avenue and Lower Boones Ferry Road, and related roadway improvernents required as a condition of a new development called Bridgeport Village are hereinafter collectively referred to as the "Project'. With the execution of this Agreement, all obligations of said agreement No. 20860 have been satisfied and it shall cease to have any effect. 5. ODOT, COUNTY, and TUALATIN entered into Preliminary Engineering and Construction Finance Agreement No. 7931 elated May 15, 1984 for the purpose of installing and identifying maintenance and power costs associated with the traffic signals on Lower Boones Feng Road at the intersections of S Bridgeport Road/SW 72' Avenue, 1-5 north and south bound ramps, and SW Meridian which has since been renamed as SW 65`i'/McEwan Road. This Agreement No. 21,894 shall supersede said previous agreement in the area of maintenance and power of said signals. NOW, THEREFOR-E, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: TER.41 S OF A GREEMENT 1. The purpose of this Agreement is to memorialize certain obligations surrounding the construction and maintenance of the COUNTY's constructed Project. The Project includes: reconstruction of the SW Lower Boones Terry Road/SW Bridgeport Road/SW 72"d Avenue intersection and the realigiunent of both SW 72"d Avenue and SW Lower Boones Ferry Road to accommodate the new intersection. The Project also includes removal and replacement of the traffic signal at the SW Lower Booties Ferry Road/SW Bridgeport Road/SW 72"a Avenue intersection; drainage work, illumination, and landscaping. The Project limits and jurisdictional*information are approximately as shown on the area neap attached hereto, marked Exhibit A, and by this reference made a part hereof: 2. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance responsibilities for the useful life of the facilities constructed as part of the Project, ODOT OBLIGA TIONS 1. ODOT hereby grants the COLTNTY and TUALATIN the right to enter onto ODOT right of way for the purpose of Project maintenance. 2. ODOT's District 2A Office has issued a Permit No. # 2AM38454 to the COUNTY and the Developer of Bridgeport Village to"Occupy and Perform Operations on a State Highway". 2 1.C. &A. NO. 21894 Washington County Cite of Tualatin Cifiy of Tigard 3. ODOT shall own the four (4) interconnected traffic sipals (and associated illumination) on Lower Boones Ferry Road at SW McEwan Read fo5"Avenue , SW Bridgeport Road/SW 72"d Avenue, and at the northbound and southbound on and off ramps to I-5. ODOT will provide maintenance and power for all four- (4) traffic signals (and associated illumination) and shall bill TUALATIN for the power costs for the traffic signal at the intersection of SW McEwan Road /65"' Avenue and shall bill COUNTY for 50 percent of all bower and maintenance costs for the traffic signal at the intersection of SW Bridgeport Road /SW 72"1 Avenue: ODOT shall, at its own expense, be responsible for all costs for the traffic signals at the I-5 on and off ramps. ODOT shall maintain complete control of the timing for all four (4) signals and shall consider TUALATIN and COUNTYinput for said timing plans. 4. ODOT shall; at its own expense, maintain all Project improvements within ODOT right of way limits including, all pavement,, curb and sidewalk, signing, striping; sipals, and illumination, with the exeeption of landscaping, pavement sweeping, and irrigation, which shall be TUALATIN's responsibility and further addressed under TUALATIN OBLIGATIONS; and as shown on Exhibit B, attached hereto and by this reference made a part hereof; and with the exception of that portion of the realigned Lower Boones Ferry Road (frorri, and including, its intersection with SW 72nd Avenue/Bridgeport Road southerly to County's existing line of ownership), which will remain awned by ODOT but shall be the COUNTY'S responsibility to maintain as further described under COUNTY OBLIGATIONS. Ownership and permitting authority for said portion of Lower Boones Ferry Road shall remain an ODOT responsibility. The abandoned portion of the fanner location of Lower Boones Ferry Road is retained by ODOT and is currently being maintained by Tri et as Dart of its South Park and Ride lot under separate agreement No. 22284 between ODOT and'FriMet. All storm water maintenance shall be maintained as shown on Exhibit C, attached hereto and by this reference made a hart hereof. 5. ODOT shall, at its own expense; be responsible for the maintenance of methylmethacrylate "MMA" striping for the entire Project for five (5) years fi-om the initial installation, including pay<ernent legends, up to the first overlay project. Major pavement overlays will be separately negotiated in the fixture. CO U.7 TTY OB`LIGA TloAf; I. COUNTY shall, as agreed to in Agreement No.,20860 and at its own expense, continue to have complete maintenance and operation responsibilities for the newly constructed section of Lower Boones Ferry Road from, and including, its intersection with SW Bridgeport Road /SW 72nd Avenue southerly along the west side of 1-5 to the limits of work done under permit identified in ODOT Obligations No. 2, as drown on Exhibit A, including but not limited to all roadway, curb and sidewalk, retaining or sound walls; illumination, storm water facilities, and landscaped medians. ODOT shall continue to retain roadway ownership and permitting rights for this section of roadway for access control purposes. 3 AC. &A. NO. 21894 Washington County City of Tualatin City of Tigard 2. COUNTY shall continue to have jurisdiction and be responsible for maintenance and control of SW 72nd Avenue fi•orn the southerly curbline of its intersection with the traffic signal at the North Park and Ride lot southward to the northerlycurbline at the intersection of SW Bridgeport Road/Lower Boones perry Road; as shown. in Exhibit A. 3. The COUNTY has obtained a permit to "Occupy or Perforin Operations upon a State Highway" fiorn ODOT's District 2A Office. The COUNTY, its contractors, subcontractors, or consultants performing Project work shall comply with all Provisions of said perrnit. 4. COUNTY shall, upon receipt of ODOT's billings, rein-lburse ODOT quarterly for 0 percent of all rawer and maintenance costs incurred for the traffic signal and associated illumination at the intersection of SW Lower Boones Ferry Road /SW 72°'d Avenue/SW Bridgeport Road. Road maintenance (including pavement, curbs, sidewalk, signal loops) for said intersection shall be performed by the COUNTY at its own expense; see Exhibit A for exact location. 5. COUNTY shall, upon completion of the Project and at its°own expense, maintain the pavement surrounding the vehicle detector loops installed in the COUNTY roads of the SW Lower Boones Perry Road/SW 72"d Avenue/SW Bridgeport Road intersection in such a manner as to provide adequate protection for said detector loops. If for: any reason, said detector loops become damaged due to any fault of the COUNTY's, ODOT may require the COUNTY to repair or replace said loops at COUNTY expense. 6. COUNTY shall authorize execution of this Agreement during a regularly convened session of its Board of Con-u-nissioners. TUALATIN OBLIGaATIONS 1. TUALATIN shall, at its own expense, ensure maintenance of landscaping; pavement sweeping., and irrigation on areas of ODOT, COUNTY and TUALATIN road jurisdiction as shown on Exhibit B. Water and power for irrigation during and after- establishment period will be at TUALATIN's own expense. 2. TUALATIN shall, at is own expense, ensure maintenance of storm sewer areas as shown on .Exhibit C. 3. TUALATIN shall, upon receipt of ODOT's billings, reimburse ODOT quarterly for 100 percent of all power: costs incurred for the traffic signal and associated illumination at the intersection of SW Lower Boones Ferry Road, and SW McEwan Road/65"'Avenue. 4 .C. A. N . 21894 Washington County City of Tualatin Cita of T Bard 4. TUALATIN shall, upon completion of the Project and at its own expense, maintain the pavement surrounding the vehicle detector loops installed in the city streets of the SW Lower Boones Ferry Road and SW McEwan Road 165th Avenue intersection in such a manner as to provide adequate protection for said detector loops. If for any reason; said detector loops become damaged due to any fault of TUALATIN's, ODOT may require TUALATIN to repair or replace said loops at TUALATIN expense. 5. TUALATIN shall maintain all Project improvements within,TUALATIN right of way limits and jurisdiction including, any/all pavement, signing; striping; illumination, storm and sewer Facilities, landcaping;and irrigation. G. TUALATIN agrees to maintain access control and management as-is within the influence area of 1-5, as shown in Exhibit D and as per the ODOT OAR 734-51 Access Management Spacing Standards, unless proposed changes are agreed to by ODOT under the provisions of {BAR 734-51. ODOT approval of changes will not be unreasonably withheld. 7. TUALATIN shall adopt a resolution authorizing its designated city officials to enter into and execute this Agreement. TIGARD OBLIGATIONS 1. TIGARD agrees to continue to be fully responsible for all jurisdiction, control, and maintenance of that portion of SW 72nd Avenue, within the Project limits and as shown on Exhibit A, including the traffic signal at the entrance to the North Park and Ride lot. 2. TIGARD shall maintain all Project improvements with in TIGARD right of way limits and jurisdiction including, any/all pavement, signing; traffic signal (as mentioned above) illumination, striping, storm and sewer facilities,landcaping, and irrigation. 3. TIGARD shall adopt a resolution authorizing its designated city officials to enter into and execute this Agreement. GENERAL OBLIGATIONS 1. This Agreement is expressly subject to the debt limitation of the Oregon Constitution, and is contingent upon hinds being appropriated therefore. Any provisions herein which would conflict with law are deemed:inoperative to that extent. 2. ODOT, COUNTY, TUALATIN, and TIGARD shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the other party(s) and its members, its officers and its employees f•oln all claims, suits, and 5 M.C. A. NO. 21894 Washington County Cite/ of Tualatin City of Tigard liabilities, which may occur in the performance of this Agreement by the respective indemnifying party. 3. Notwithstanding the foregoing defense obligations wider paragraph 3 above, no partyto this Agreement nor any attorney engaged by any party to this Agreement shall defend any claim in the name of the other party(s) or any agency/department/division of such other party(s); nor purport to act as legal representative of the other party(s) or any of its agencies/depai-tments/divisions, without the prior written consent of the legal counsel of such other party( ). Each Darty may, at anytime at its election assume its ower defense and settlement in the event that it determines that the other party(s) is prohibited from defending it, or that other party(s) is not adequately defending its interests, or that an important governinental principle is at issue or that it is in the best interests of the party(s) to do so. Each Marty reserves all rights to pursue any claims it may have against the other if it elects to assume its own defense. 4. ODOT, COUNTY, TUALATIN, and TIGARD agree that all employers that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS, 656.126; Each party to this Agreement shall ensure that each of its subcontractors complies with these requirements. 5. ODOT, COUNTY, TUA:LATIN, and TIGARD shall comply with all federal; state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 2798.220, 27913.225, 27913.230, 27913.235 and 27913.270 incorporated herein by reference and made a Dart hereof; Without limiting the generality of the foregoing, each party expressly agrees to comply with (i) Title VI of Civil Fights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 19901 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state'civil rights and rehabilitation statutes, rules and regulations. 6. The parties acknowledge and agree that each party, the Oregon Secretary of State's office and the federal goverrurrent and their duly authorized representatives shall have access to such fiscal records and other boobs, documents,,papers, plans and writings of each party that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. All liar-ties shall retain and keep all'files and records for a rninirnum of six (6) years following termination of the Agreement. 7. ODOT, COUNTY, TUALATIN, or TIGARD may terminate this Agreement effective upon delivery of written notice to the other- parties to this Agreement or at such later date as may be established by any party to this Agreement,under any of the following conditions: 6 M.C. A. NO. 27894 Washington County City of Tualatin City of Tigard a. If any party fails to provide services called for by this Agreement within the time specifier)'herein or any extension thereof. b. If any party fails to perforin any of the other provisions of this Agreement or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from ODOT or another party fails to correct such failures within thirty (30) calendar days or such longer period as ODOT or the other parties may authorize. c. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited. 8. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termimtion. Termination of this Agreement as to one party shall not terminate this Agreement as to the other parties. 9. The parties to this Agreement are of equal authority; Each party acts independently in the performance of its obligations and functions under this Agreement; and no party is to be considered the agent of the other. 10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 11. This Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof`: There are no understandings, agreements, or representations; oral or written, not specified herein regarding this Agreement. No waiver, consent; modification or change of terms of this Agreement shall bind any party unless in writing and signed by all parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose giver. The failure of any party to enforce any provision of this Agreement shall not constitute a waiver by the other parties of that or any other provision. 7 M.C. &A. NO. 21894 Washington County City of Tualatin City of Tigard IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the clay and year hereinafter written. The Oregon Transportation Commission on :lune 18, 2003, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On September 15, 2006, the Director of the Oregon Department of.Transportation approved Subdelegation OrderNo. 2, Paragraph 1„ in which authority is delegated to the Deputy Director, Highways, to approve and sign agreements over 475,000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Perfonnance Plan, or in a lime item in the biennial budget approved by the Director. Signature page to follow a 8 M.C. &A. ,NO, 21894 Washington County City of Tualatin Citrj of Tigard RE £1MMENDE PPROV STATE OF ORE,GC►N, By and through its Icy_ Department of Transportation istrict 2A Manager' By Date Deputy Director, Highways Date By Technical Services Manager/Chief Engineer- WASHINGTON COUNTY by and through its Board of Date Conrrnis ners By `� By C ' Reg 1 1 Manager ,_ Chair Date f + ' Date ` CITY OF TUALATIN, By and through it�Sity Cou cil CITY OF TIGA ' , ! By and through its City Council By ayor ``-'``..�. By City Manager By Recorder Date Date APPROVE D A TO LEGAL SUFFICIENCY: By By Asst. Attorney Gen. Tigard Attorney Date Date TaB' County Attorney 1 TualatinAttorney Date �10v, Z, to Date—19 APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE'OR.DER# 09'37-3 9 DATE BY tB cLr-- OF T �ciAi� � N F I n k � t Cu;"r at u w / C " t } »r 9 I �t k ypa 1 YKORU' u f "Y „t , t. a= 2 , z a a="t. r� F f _ w r t, , �a , M ' f !Tk �. a =„' ,, �.♦� � ', '„� a + � x a a z+ e s VV Ay �l �t 1 u i u t +I I t l f {b r e w x� `� /� This map Is derived from various digital database sources. t UALATI(iY�( Yo- O D QT While an attempt has been made to provide an accurate mall, RF ` the City of Tuala3in assumes no responsibility or liability 1 ,200 w E for any errors or emissions in the information. This map EMTIGARD is provided*as is'. -Engineering and Building Department Printed 7129/2005 S „ z y 4 ' Y r m a z r x T f � 2• r. yw rid r„ e i �lV e 71 r ll F rr.x + + µ www Al i .;::�.. ra ,_ :� .• - t �„ � to �*c++ .x'.: + + q a 1� f li 1 e le � F 2 a "a x s t + d ; �„� �, rte; �x;.• `»` � t e p µ9, d I l di L� 1 it 1 r, i in F2 it r a This map is derived from various digital database sources. Tt7ALf'\TI TIGARD While an attempt has bean made to provide an accurate map, RF 1:3,200 W E the City of Tualatin assumes no responsibility or Wily for any errors or emissions in the information. This map WASHINGTON COUNTY ODOT Owned/Washington County Maintained is provided"as -Engineering and Building Department Printed 7/2912005 S 5y v � n ry y + !a f ua f r Ar 4 {{ UAILGIS AW �XI a <A,1 yr VIi f r. t wP rs �wr i „ r M , 9 a m ,wyr r i o i a rai r3 x 9 r ywa „ I. t" 4 t.a r i r This map is derived digital database sources.Cu en1AccessPoints While atattempt has been made to provide an accurate map, RF g © E the City of Tualatin assumes no responsibility or liability for any errors or emissions in the Information. This map Extent of Interchange Access Influence Area provided i azsnoOs -Engineering and Building Department II , TUALGIS " Ir"MAO r P a� r = 3� t a 1 �I rtt r r r �i x r, i r k ��'•'` :�. �„ is � :K ,.: ��� � �' '' a a. f Cr, V * � � r r^ z °r Y A� r b L 0 4 i n I a° r. e x� i 4 v � I x V s ,r` M Y r� @ w ry r � f e x ar 3 a. x x, irl z _ = t r ..p -� Tualatin Catch Bern 0 Water Quality Facility This map a .1t.mivaasbeed from madeti providean ccurates. r While an attempt has been made to provide an accurate map, 7 Q C}CJT Manhole h bye (}f'� the City of Tualatin assumes no responsibility or Rabitii y ° ' RF 1'3,200 W E for an mars or omissions in the information.This ma is provided"as W. -Enginaering and Building Department °sss s� Tigard 92 Outlet Printed7MI2005 S i