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ODOT - Hall/Durham Light Installation APPROVED: OSHO STAFF EDM:bkw 3/21/89 Rev. 4/3/89 Misc. Contracts & Agreements No. 9718 COOPERATIVE IMPROVEMENT AGREEMENT _ TRAFFIC SIGNAL & ILLUMINATION PROJECT THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting, hu anei thrnenh itc nonartmont of Trancnnrtatinn 4Jinhwav Division, hereinafter referred to as "State", and the City of Tigard, a municipal corporation of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "City" , and Tualatin Valley Fire & Rescue, a political subdivision of the State of Oregon, acting by and through its Officers, hereinafter referred to as "District". W I T N E S S E T H RECITALS i r-_ the purpose u r o f providing o v i 1. rUr LfIC �JVf�F1UJC UI Nf�VV7Ulily tl!I GI.LCNLtlVIC Lrtlii1L 41rCU1tlLIUfI pattern on public highways and roads the State, City, and the District plan and propose to install traffic control signal equipment and illumination and fire preemption devices on the Beaverton-Tualatin Highway at the intersection of Durham Road, hereinafter referred to as "project". The project will be financed 100 percent by City and District with no expense to State. The location of the project is approximately as shown on the sketch man attached hereto. marked Exhibit. b and by this rafaranra maaio a part hereof. 2. 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 . 3. By the authority granted in ORS 366.425 , as amended by Chapter 365, Oregon Laws, 1979, State may accept deposits of money, or an irrevocable letter of credit, from any person, firm, or corporation for the performance of work on any public highway within the State. When any money or a letter is deposited, the State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 4. By the authority granted in ORS 366.770 and 366.775, the State may anter into. rnonerative_ agreements With cities. for the performance of work on certain types of improvement projects with allocation of costs on terms and conditions mutually agreeable to the contracting parties. 7�r."'tsY` !�" eis'o !F•/ /r�f; r g..^. t, Y..�.t< i 'Y' 4, .7,e,r .�. r631'r ...""f rC.r1".".. ^,+ `✓ r. a7°R qr NnW TWVDrrnDP tho nromicoc hainn in ...,.,.,..,i _ al _ ..,.., . .•�, " "•y yclicl a I as ]LdL+rU In Llle foregoing RCCITA�S, it is agreed-by and between the parties hereto as follows : STATE OBLIUM1IUN3 1. State shall , at City expense, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflictina utility facilities lying within jurisdiction of State, perform design r work required to produce plans, specifications and cost estimates for the traffic signals and illumination, advertise for bid proposals, award all contracts and furni ah all construction c+1.... - _91��+r ...�.. •� •• � �.. .a. . . w 4%,I YL L IVIr ClIv IlIM Ing, materia l testing, technical inspection and project manager services for administration of the contract. 2. State shall , upon completion of construction. retain complete jurisdiction and control of the timing established for operation of the traffic signals, and maintain the traffic signals at State expense. 7 fa_r_ shal l pl ..a: _c str cti w+.. the J. Jia LC �Ildll , ll}Io rl �,VIII Fl ICLl of LVrl�I. uL I. IVI1 , lila lllLd Irl LIIC illumination and pay 25 percent of the said maintenance and power costs. 4. State shall compile accurate cost accounting records and furnish City with an itemized statement of actual cost at the end of each month. When the actual total engineering cost of the project has been computed, the- State will furnish the city with an itemized Statement of such final rnctc inrlurlinn anv rnntinaanry itPmc attrihutahla to tha nrniPrt_ The City may request a statement of costs to date at any time by submitting a written request to State. CITY OBLIGATIONS 1. City shall , upon execution of the agreement forward to State an advance deRosit of $5,000, such amount being equal to the estimated cost of State-provided preliminary engineering. 2. City shall , prior to bid advertising, forward to State an advance a,.posi + --int �1 +„ inn ..+ „c +6,,. 4.4_+,.a +..+.i _+ .,c uclJUJ I L I Is ar! alllVll L equa l LV 1 VV per I-cu L V 1 LIIC ZZ L I711a LCU LV ua l %.4J7 L V I construction for the project, excluding fire preemption devices. No work shall commence until said advance deposit has been received by State. Upon completion of the project and receipt from State of an itemized statement of the ..actual total cost of the project, City shall pay any amount which, when a ded to City's advance deposits, will equal 100 percent of the r.itv'c chars of the arcual t.ntal nrniPrt rnst incluliinn rnntin.. gencies. Any portion of said advance deposits which is in excess of the total actual cost will be refunded or released to City. s. City shall conduct the required field surveys and provide State with a V=20' vicinity map to be used for traffic signal and illumination design. 4. City shall , in accordance with the 1984 Policy Statement for Cooperative Traffic Control Projects pay for 75 percent of the maintenance and electrical power costs for the illumination. _2.. r. rite challin arrnrrianra ,with thin 1CQA Dn1 ie- a+n+e..—+ fno r . - J —.- , , , - -- vv. - .. SMI. -� -JV IVI .LJ JLa �.GIIIC I14 IVI Cooperative Traffic Control Projects, pay 100 percent of the electrical power costs for the signals. b. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in the City streets in such a manner as to provide adequate protection far said detector loops , and shall adequately maintain the pavement markings and signing installed in accordance with the plans and specifications. r r 7. City shall provide at no cost to the State the right- nf-rrxv eioerrintinnt and tho rinht-of-witv and normanent PA-,A- ments for installation and maintenance of the traffic signal equipment, required for this project, including detector loops. S. City shall enter into and execute this agreement during a duly authorized session of its City Council . DISTRICT OBLIGATIONS 1 . District shall , prior to bid advertising, forward to State an advance deposit in an amount equal to 100 percent of the estimated total cost of fire preemption devices for the project. No work shall commence until said advance deposit has been received by State. Vjlurr i:UiizP i et i orr UT t,ric pro jeL l aria i�eCC i Nt r r uiu ;')'Late u r an itemized statement of the District's share of the total cost of the project, District shall pay any amount which, when added to District's advance deposits, will equal 100 percent of the District's share of total project costs including contingencies. Any portion of said advance deposits which is in excess of the District's share of the total actual cost will be refunded or released to District. 2. District shall be responsible for furnishing and installing all preemption equipment on emergency vehicles operated by the District. The District shall allow only vehicles which are under its direct control to be equipped with emergency vehicle preemption devices. The District shall be responsible for the maintenance of all preemption equipment installed on vehicles under its direct control . 3. District shall pay for the replacement of all preeriiption equipiient which becomes obsolete and for which replacement parts are no longer available. GENERAL PROVISIONS 1 . State, City, and District agree and understand that mutual approval of the traffic signal and illumination plans and estimates will be conducted prior to selection of a contractor, Cllhiart to the, limitatinnc of the ()rpnnn Constitution anti Statutes_ the City, State, and District each shall be solely responsible for any loss or injury caused to other parties arising from the City's , State 's, or District's own acts or omissions under this agreement and the City, State, ,r District JIIQ ! I UGI h It Ila 11111 CJs , and nude I1111Iy t.IIC o t h e r pal L1es VI this agreement with respect to any claims , litigation, or liability arising from the City's , State 's , or District's own acts or omissions under this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. --PThis fgject was approved by the State Highway Engineer on t under delegated authority from the Oregon Transportation Commission paragraph No. 20) . 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. APPR0VAL�fCOMtl V-6 SIATE OF OREGON, by and through its nonartman+ of Trmncnnr+atinn Wish-n Ca F, By i �l ���. �-- Division -egion Engineer By APPROVED AS TO State Highway Engineer LEGAL SU IENCY Date By .� Asst Attorney General THE CIO I , by and through Date a1- its F�i � fyR'�£Df 1 011.als By � Mayor -4 Date �� d' /`"/� THAI ATIN VAI I FY FIRE RI RFSCIJF. by and throw h its Board f Directors ByBy L j; Date -4- L CO * A="i PROJECT Fit ^"s It + Sc 1- vKT :V� 14 �1 �.� _ y , k /! •f -rte,.��i = oI A. ..i r tI—_171 . TUALAT!N , M ►�0 9.00 n /'._ h ...rc n Tr i AV\ A r-..!-1 .A.a s 'r = DURHAM KING CITY ,.ce.• s n WASHINGTON COUNTY, OREGON PREPARED BY THE OREGON STATE HIGHWAY DIVISION IN COOPERATION WIT; .hI �I,\_//ff � J +-S• DEPARTMENT OF TRANSPOATATioq Yl(Aj®41Y� / FEDERAL HIGHWAY ADMINISTRATION SCALE 0 2000 4000 6000 FEET February 1985 0 600 1200 1800 METERS AL + •• EX V41 81`T CITY OF TIGARD j OREGON RESOLUTION NO. 89--3 A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING VHE MAYOR TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF BEAVERTON-TUALATIN HIGHWAY AND DURHAM ROADS WHEREAS, Beaverton-Tualatin Highway (Hall Boulevard) is a State highway; and WHEREAS- the City has reapiewte that t--affic sicinals he installed at the intersection of Beaverton-Tualatin Highway and Durham Road; WHEREAS, an agreement has been prepared providing for the State to design and install the desired signal improvements and providing for the allocation of project costs; and WHEREAS, the City has the required funds available from the Major Streets Traffic Safety Improvement Bond approved by the voters in November of 1988. NOW, THEREFOkE, BE Lx RESOLVED by the Tigard City Council that: Section 1: The council hereby authorizes the Mayor to sign, on behalf of the City, an agreement with the Oregon Department of Transportation identifying their respective obligations relative to traffic signal improvements at the intersection of Beaverton-Tualatin Highway and Durham Road. PASSED. This day of ".Z989'-1-7 , e_'e � - Mayor - City of Tigard A'11'IFrST: Deputy Recorder - City of Tigard/ dj/ODOT-SS.RW ^rte :yd i0 be a T w rug Co;y of Or!i;:hlrJ din t RESOLUTION No. 89-35 PAGE 1 C+i3P UtV Recrrrior _ n;- _& -- - -- WILY Wo 119arQ 1� Cato: `� Ft Department of Transportation NEIL GOLOSCRMIDT GOVERNOR TRANSPORTATION BUILDING,SALEM, OREGON 97310 In Reply Refer To September 12, 1989 File No.: /City AGR of Ti and Tualatin Valle Fire & Rescue 9 Y PO Box 23397 20665 SW Blanton Street Tigard, OR 97223 Aloha, OR 97007 Attention: Loreen Wilson City Recorder Attached for your records is a fully executed copy of an agreement for the installation of traffic control equipment, illumination, and fire preemption devices at the intersection of the Beaverton-Tualatin Highway and Durham Road. We have retained a fully executed copy of this agreement for the Transportation Commission's files. Fran Neavoll COMMISSION SERVICES FKN/rgb Attachment 731-0146(1-87) APPROVED: OSHD STAFF EDM:bkw. 3/21/89 Rev. 4/3/89 Misc. Contracts & Agreements No., 9718 COOPERATIVE IMPROVEMENT AGREEMENT TRAFFIC SIGNAL & ILLUMINATION PROJECT 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 Elected Officials , hereinafter: referred to as "City", .and Tualatin Valley Fire & Rescue, a political subdivision of.the State of Oregon, acting by and through its Officers, hereinafter :referred to as "District W I T N E S S E T H RECITALS 1. For the purpose of providing an acceptable traffic circulation - pattern on public highways and roads the State, City, and the District .plan and propose to install traffic control signal equipment and illumination . and fire preemption devices on the Beaverton-Tualatin Highway at the intersection of Durham Road, hereinafter referred to as ''project". The project will be financed 100 percentby City and District with._no .expense to State. 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. 2. 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 . 3. By the authority granted in ORS 366,425 , as. amended by. Chapter 365, Oregon Laws, 1979, State may accept deposits. of money, or an irrevocable. letter of credit, from any person, firm, or Icorporation for the performance of work on any public highway within the State. When any. money or a letter is deposited, the State shall proceed with the project. Money so deposited shalt be disbursed for the purpose for which it was deposited. 4. By the authority granted in ORS 366.770 and .366.775, the State may enter into cooperative agreements with cities for the performance of work on certain types of improvement projects with allocation of costs on terms and conditions mutually agreeable to the contracting parties. 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 shall , at City expense, identify and obtain or issue the required permits, arrange for relocation or adjustment of any conflicting utility facilities lying within jurisdiction of State, perform` design work required to produce plans, specifications and cost estimates_ for the traffic signals and illumination, 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. 2. State shall , upon completion of construction, retain complete jurisdiction and control. of the timing established for operation of the traffic signals, and maintain the traffic signals at State expense. 3. State shall , upon completion of construction, maintain the illumination and pay 25 percent of the said maintenance and power costs. 4. State shall compile accurate cost accounting records and furnish City with an itemized statement of actual cost at the end .of each month. When the actual total engineering cost of the project has been computed, the State will furnish the City with an itemized statement of such final costs, including, any contingency items_ attributable to the project. The City may request a statement of costs to date at any time by submitting.. a written request to State. CITY OBLIGATIONS 1. City. shall , upon execution of the agreement forward to State an advance deposit of $5,000, such amount being equal to the estimated cost of State-provided preliminary engineering. 2. City shall , prior to bid advertising, forward to State an advance deposit in an amount equal to 100 percent of the estimated total cost of construction for the project, excluding fire preemption devices. No work shall commence until said advance deposit has been received by State. Upon completion of the project and receipt from State of an itemized statement of the actual total cost of the project, City shall pay any amount which, 'when—died to City's advance deposits, will equal 100 percent of the City's share of the actual .total project cost including. contin- gencies. Any portion of' said .advance deposits which is in excess of the. total actual cost will be refunded or released. to City. 3. City shall conduct the required field surveys and provide State' : with a l"=20' vicinity map to be used for- traffc signal and illumination design. 4. City shall , in accordance with .the 1984 Policy Statement for Cooperative Traffic Control Projects .pay for. 75 percent of the maintenance and electrical power costs for the illumination. -2- 5. City shall , in accordance with the 1984 Policy Statement for Cooperative Traffic Control Projects, pay 100 percent of'the electrical power costs .for the signals. 6. City shall maintain the asphaltic concrete pavemen surrounding 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. 7. City shall provide at no cost to the State the right- of-way descriptions and the right=of-way and permanent. ease- ments for installation and 'maintenance of the traffic signal equipment, required for this project, including detector loops. 8. City shall enter into and execute this agreement during a duly authorized session of its City Council. DISTRICT OBLIGATIONS 1 . District shall , prior to bid advertising, forward to State an advance deposit in an amount equal to 100 percent of the estimated total cost of fire preemption devices for the project. No ,work shall commence until said advance deposit has been received by State. upon completion of the project and receipt from State of an itemized statement of the District's share of the total cost of the project, District shall pay any amount which, when added to District's advance deposits, will equal 100 percentof the District's share of total project costs including contingencies. Any portion of said advance .deposits which is in excess of the District's share of the total actual cost will be refunded or released to District. 2. District shall be responsible for furnishing and installing.all preemption equipment on emergency vehicles operated by the District. The District shall allow only vehicles which are under its direct control to be equipped with emergency vehicle preemption devices. The District shall be responsible for the maintenance of all preemption equipment installed on vehicles under its direct control . 3. District shall pay for the replacement of all preemption equipment which becomes obsolete and for which replacement parts are no longer available. GENERAL PROVISIONS 1. State, City, an'd District. agree .and understand that mutual approval of the traffic signal and illumination plans and estimates will .be conducted prior to selection of a contractor. Subject to the limitations of the Oregon Constitution and statutes, the City, State, and District each shall be solely responsible for any loss or injury caused to other parties arising from the City's, State's, or District's own acts or omissions under this agreement and the. City, State, -3- or District. shall d'efend, :hold harmless, and indemnify the other parties of this agreement with respect to. any claims, litigation, or liability arising from the City's, State's, or District's own acts or omissions under this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals-as, of the day and, year hereinafter written. This project was approved by the State Highway Engineer on under delegated authority from the Oregon Transportation Commission paragraph No. 20) . 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. APPROVAL STATE OF OREGON, by and through its Department of Transportation, Highway By Division egion Engineer By APPROVED AS TO State H , way Engineer LEGAL SUFFICIENCY Date By As-01 Attorney General THE ClF RD, by and through Date g 21-8�J its ec e 0 fi al.s By Date TUALATIN VALLEY FIRE & RESCUE, by and thr ^ugh/it Boar By d of Directors V /^Y'04��� By — Date 12 -4- _..•i_ +`� r•-� .%,,..�1 °� � ,tet• �I ,�° � ••,> 1 �_�• wren >-L L.aa' Lf� f 3) �L cl 4 �-�-' PROJECT `r } rn n ' ,i � .••••n -.i -- ._ ' wa. .41 • •• r. o I � 1 ,� tt coo.> �1'tr T r...:.v.m. •Z r Iry `f DAY• 00 oil '�'r �--) I`�1 t1.. i�r•.A4• .�----- IIS•.J �a"' 'e 3 1 13 P L,.��# .� • 1 eu�r— ( ie• ,o.w I /�� N �I �� i // �yi'. , e.t � - ±f �•.' � •w • j�I yft =L�..�°n-S 1 •w�j' aa.� tii b a+ sLr 3 :%! 1.a• a: I PURHAM . �% .� • f17 as .... *....... I I �l �..� I'`y ` � +i/>> I . '>I'••'�I r,,y �"",•-•; ��,�'r?4a.9! __ • te.r>rw I I .� � ct.i is r�1 .�w�C 1 •�• I eve � ���— i •���;� � ��� I p7 • .•dl� 1 •/-- I +!� r �>>, •�r°.. _ _ � 3 a.. I�J O-seal •\�°.n w RIV®RI GROVE ,� 1 9.�TUALATI N T1GAR® DURHAM p ' p/. Won- ,� KING CITY rr WASHINGTON COUNTY, OREGON Lqa , (71 •o•o�:_:1 . ILS ae ,.••1�Lbokl ^ - QZ - L � i G U L•C L-1 ..., �_ PREPARED BY THE OREGON STATE HIGHWAY DIVISION ilI ` �`v / �•s-�— IN COOPERATION WITH v � U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION SCALE 0 2000 4000 6000 FEET February 1985 0 600 1200 1800 ,METER 5 CITY OF TIGARD, OREGONN, RESOLUTION NO. 89-3 A RESOLUTION. OF THE TIGARD CITY ..COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT . OF TRANSPORTATION FOR. TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF BEAVERTON-TUALATIN HIGHWAY AND DURHAM ROAD. WHEREAS, Beaverton-Tualatin Highway (Hall Boulevard,) is a State highway; and WHEREAS, the City has requested that traffic signals be installed at the intersection of Beaverton-Tualatin Highway and Durham Road; WHEREAS, an agreement has been prepared providing for the State to design and install the desired signal improvements and providing for -the allocation of project costs; and WHEREAS, the City has the required funds available from the Major Streets Traffic Safety Improvement Bond approved by the voters in November of 1988. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Council hereby authorizes the Mayor to sign, on behalf of the City, an agreement with the Oregon Department of Transportation identifying their respective obligations relative to traffic signal improvements at the intersection of Beaverton-Tualatin Highway and Durham IRoad. PASSED: This day of 989 Mayor - City of Tigard ATTEST: Deputy Recorder - City of Tigard/ dj/ODOT-SS.RW �)� od to be a Trug Copy of Orig!nd on iiio RESOLUTION NO. 89--b PAGE 1DO�t�ty Record r City o? 'Tigard Data: `�