ODOT - Pacific Hwy/Canterbury Lane =263
ORIGINAL
Department of Transportation
NEIL GOLDSCHMIDT TRANSPORTATION BUILDING,SALEM,OREGON 97310
GOVERNOR
November 17, 1988 In Reply Refer To
File No.: AGR
X.City of Tigard
Attn: L. Wilson
PO Box 23397
Tigard, OR 97223
Board of County Commissioners
Washington County
Attn: P. Stratton
150 North First
Hillsboro, OR 97124
Tualatin Valley Rural Fire
Protection District
Attn: Chief Schwartz
PO Box 127
Tualatin, OR 97062
Attached for your records is a fully executed copy of an
agreement for the traffic signal project at Pacific Highway
West at Canterbury Lane in Tigard.
We have retained a fully executed copy of this agreement
for the Transportation Commission's files.
�?�-I '�W
Fran Neavoll
COMMISSION SERVICES
rgb
Att.
731-0148(1-87)
EDM:LJW:me jc
April 28, 1988
REV: 8/25/88
Misc. Contracts S Agreements
No. 8741
LOCAL AGENCY AGREEMENT
HIGHWAY ENHANCEMENT SYSTEM 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"; the CITY .OF. TIGARD, acting
by and through its Elected Officials, hereinafter referred to as °City",
WASHINGTON COUNTY, acting by and through its Elected Officials, hereinafter
referred to as "Agency", and. TUALATIN RURAL FIRE PROTECTION DISTRICT, by
and through its Board of Directors, hereinafter referred to as "District".
WITNESSETH
RECITALS
1. By the authority granted in ORS 366.770 .and 366.775, the State. may
enter into cooperative agreements with counties and cities for the perform-
ance of work. on certain types of improvement projects. with the allocation
of costs on terms and conditions mutually agreeable to the contracting par-
ties. Theroject will be financed with avail,able. Hi;ghway Enhancement
System (HES Federal funds, with the State paying the required match.
Agency will contribute a lump sum amount of 1380,000. District will pay
50 .percent of the emergency vehicle pre-emption equipment installation
costs. The project will be constructed at no cost to City.
2. Under such authority, the State, Agency, City and District plan
and propose to construct a road approach and install traffic control
signals at the intersection of Pacific Highway West and Canterbury Lane,
hereinafter, referred to as "project". 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. The project shall 'be conducted
as a. part of the. Highway Enhancement System (HES) Program under Section
152,. Title' 23, United States Code, and the Oregon -Action, Plan,.
STATE OBLIGATIONS .
1. State shall submit a program to the FHW.A with a request for
approval of federal.-aid participation in.all engineering, right-of-way
acquisition, eligible utility .relocations and construction work for the
project. NO WORK SHALL PROCEED ON ANY ACTIVITY IN WHICH FEDERAL-AID
PARTICIPATION IS DESIRED UNTIL SUCH APPROVAL HAS BEEN OBTAINED. All work
and records of such work shall be in conformance with FHWA rules and
regulations, and the Oregon Action Plan..
2. State shall , as a federal-aid participating preliminary .engi,neer-
ing function, conduct the necessary field surveys, environmental studies,
traffic investigations, foundation explorations and hydraulic studies,
identify and obtain all required permits, and perform all preliminary
engineering and design work required to produce final plans, preliminary/
final specifications and cost estimates.
3. State shall conform with requirements of the Oregon Action Plan,
and if necessary, appoint and direct the activities of a Citizen's Advisory
Committee and Technical Advisory Committee, conduct any required public
hearings and recommend the preferred alternative.
4. State shall acquire the necessary right-of-way and easements for
construction and maintenance of the project.
5. State shall , upon award of a construction contract, furnish all
construction engineering, field testing of materials, technical inspection
and project manager services for administration of the contract. The State
shall obtain "Records Samples" at specified intervals for testing in the
State Materials Laboratory in Salem.
6. State shall , upon signal turn-on and proper operation, perform all
signal maintenance at State expense. State shall retain complete jurisdic-
tion and control of the timing established for operation of the traffic
signal .
AGENCY OBLIGATIONS
1. Agency shall deposit a lump sum amount of $380,000 within 20 days
following opening of bids. No contract shall be awarded until said advance
deposit has been• received by State.
Pursuant to ORS 366.425, as amended by Chapter 365, Oregon Laws of
1979, the advance deposit may be in the form of 1) check or warrant;
2) irrevocable letter of credit issued by a local bank in the name of
State; and 3) deposit in the Local Government Investment Pool accompanied
by an irrevocable limited power of attorney.
2. Agency agrees that should they cause the project to be cancelled
or terminated for any reason prior to its completion, the Agency shall re-
imburse the State for any costs that have been incurred :by the State on
behalf of the project.
3. Agency shall relocate or cause to be relocated, all utility con-
duits, lines, poles, mains, pipes and such other facilities where such
relocation is necessary in order to conform said utilities and facilities
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with the plans and ultimate requirements of the project. Agency may
request State to arrange for utility adjustments lying within Agency
jurisdiction, acting on behalf of the Agency.
4. Agency acknolwedges the effect and scope of ORS 1'05.755 and
agrees that all acts necessary to complete construction of the project
which may alter or change the grade of existing county roads are being
accomplished at the direct request of the County.
5. Agency shall , upon project completion, maintain that portion of
the project within its respective jurisdiction at its own expense.
6. Agency shall provide legal defense against all claims brought by
the contractor, or others, resulting from the Agency's failure to comply
with the terms of this agreement.
7. Agency shall enter into and execute this agreement during a duly
authorized session of its Board of County Commissioners.
CITY OBLIGATIONS
1. City shall , according to the 1984 Policy Statement for Cooperative
Traffic Control projects, pay for 100 percent of the electrical- power con-
sumed in the operation of the signal .
2. City shall , upon project completion, maintain that portion of the
project within its respective jurisdiction at its own expense.'
3. City shall relocate or cause to be relocated, all utility con-
duits, lines, poles, mains, pipes and such other facilities where such
relocation is necessary in :order to conform said utilities and facilities
with the plans and ultimate requirements of the project. City may request
State to arrange for utility adjustments lying within City jurisdiction,
acting on behalf of the City.
4. City agrees that should they cause the project to be cancelled or
terminated for any reason prior to its completion, the City shall reimburse
the State for any costs that have been incurred by the State on behalf of
the project.
5. City hereby accepts responsibility for all claims for damages from
grade changes.. Approval of plans by the. State shall not subject the State
to liability under ORS 105.760 for change of grade.
6. City shall provide legal defense. against all claims brought by the
contractor, or others, resulting from the City's failure to comply with the
terms of this agreement.
7. City shall adopt an ordinance or resolution authorizing its desig-
nated City Officials to enter into and execute this agreement and the same
shall be attached herto and become a part hereof.
-3-
DISTRICT OBLIGATIONS
1. Dis.trict. shall deposit an amount equal to 50 percent of the emer
gency vehicle pre-emption equipment installation costs within 20 days
following opening of bids. No contract shall be' awarded until said ad-
vanced deposit has. been received.
Pursuant to ORS 366.425, as amended by Chapter 3659 Oregon Laws of
1979, the advance deposit may be in the form of 1) check or warrant; .2)
irrevocable letter of credit issued by a Local bank in the name of State;
and 3) deposit in the Local Government Investment Pool accompanied by an
irrevocable limited power of attorney.
2. District shall be responsible for furnishing and installing all
pre-emption equipment on 'emergency vehciles operated by District. The
District shall allow only vehicles which are under its direct control to be
equipped with emergency' vehicle pre-emption devices. The District shall be
responsible for the maintenance of all pre-emption equipment installed on
vehicles under its direct control.
District shall pay for the replacement of all pre-emption equipment
which becomes obsolete and for which replacement parts are no longer avail-
able.
3. District shall enter into and execute this. agreement during,a duly
authorized session of its Board. of Directors.
GENERAL PROVISIONS
1. If any real property purchased with federal-aid participation is
no longer needed for .right-of-way, or other public purposes, the disposition
of such property shall be subject to applicable rules and regulations which.
are in effect at the time of disposition.
2. It is mutually agreed between City and State. that upon
completion of the project State will transfer to City jurisdiction
maintenance and control of the new roadway connection between S.W.
Canterbury Lane and S.W. 112th Avenue immediately north of Pacific
Highway West.
4
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
IST, under delegated authority from the Oregon Transportation Commission,.
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.
APPROV� RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation,
By ��c - . Highway Division
eTegi onEngi neer
By _
State Highway Lngineer
Date
APPROVED AS TO LEGAL
SUFFICIENCY APPROVED AS TO LEGAL
SUFFICIENCY
ByBy
Ass i-s ant Attorney General City Counsel
Date
CITY OF TIGARD, by and through
its Elected Officials
APPROVED AS TO LEGAL
SUFFICNCY By 2
By.
ou ty Counsel By M or
City Recorder -
WASHINGTON COUNTY, by and Date ��i hg
through its Elected Officials
TUALATIN RURAL FIRE PROTECTION
B DISTRICT, by and through its
Chailr Board of Directors
Date �_�d � By
APPROVED WASHINGTON COUNTY Title C ,,,,;��,„
BOARD OF COMMISSIOONERS Date 7—
MINUTE
MINUTE ORDER b ..............
DATE.... ........l..... d.... ..........„
BY ..,...• „
CLERK OFTHE AOA
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----� OREGON .-` EXHIp1
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CITY OF TIGARD, OREGON
RESOLUTION NO. 88—q41
A RESOLUTION OF THE TIGARD CITY, COUNCIL AUTHORIZING THE: MAYOR AND CITY
RECORDER TO SIGN AN AGREEMENT BETWEEN THE STATE OF OREGON, THE CITY OF TIGARD., .
WASHINGTON COUNTY AND THE TUALATIN .RURAL FIRE PROTECTION DISTRICT PROVIDING
FOR INTERSECTION IMPROVEMENTS ON PACIFIC .HIGHWAY'' AT CANTERBURY LANE.
WHEREAS, the Oregon Department of :Transportation and Washington County propose
to construct certain intersecton improvements on Pacific Highway at Canterbury
Lane; and
WHEREAS, the proposed intersection improvements would cause certain, revisions
to the City street, system; and
WHEREAS, the proposed improvements are being made in order to improve traffic
safety in the area; and
WHEREAS, the Tigard City Council wishes to support and encourage the State and
County in proceeding with the proposed project; and
WHEREAS, an." agreement, has been prepared providing for the improvements to be
made and the sharing of construction and maintenance responsibilities .
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
The Mayor and City Recorder sign, on behalf of the .City, an agreement between
the State of Oregon, the City of Tigard, Washington .County and the Tualatin
Rural Fire Protection District identifying their respective obligations
relative to the construction and maintenance of the. proposed intersection,
improvements on Pacific Highway at Canterbury Lane. .,
PASSED: This C" day of k'"&L, 1488.
ATTEST: Mayor — City of Tigard
Deputy Recorder — City of Tigaf-ld �
APPRO -D AS TO FORM:
t ty Recorder
Dat
br/6812D
RESOLUTION NO. 88--
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