Loading...
ODOT - Maintenance-Power Agreement Approved: L. E. George MCH:pf 8/2/83 Misc. Contracts & Agreements No. 7512 SUPPLEMENTAL MAINTENANCE-POWER AGREEMENT TRAFFIC SIGNAL INSTALLATION 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". WITNESSETH RECITALS 1. The Beaverton-Tigard Highway, State Secondary Highway No. 144, is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission, and 72nd Avenue, Yarns and Hampton Streets and Hunziker Road are part of the city street system under the jurisdiction and control of the City of Tigard. 2. State and City in their judgement have deemed it necessary and desirable, in order to maintain a safer and more expeditious flow of traffic, to install an inter-connected traffic control signal system and roadway lighting as a part of the 72nd Avenue Interchange Section of the Beaverton-Tigard Highway, hereinafter referred to as "project". 3. By the authority granted in URS 366.770 and 366.775, the State may enter into cooperative agreements with the various 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 con- tracting parties. 4. By the authority granted in ORS 387.850, 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 con- trol signals shall be erected or maintained upon any state highway by any authority other than State, except with its written approval. 5. This agreement is intended to more clearly define the maintenance and power responsibilities which are stated in general terms in the State- City Throughway Agreement of September 23, 1981 concerning construction and maintenance of the 72nd Avenue Interchange. NOW, THEREFORE, the premises being in general as stated in the fore- going RECITALS, it is agreed by and between the parties hereto as follows: STATE OBLIGATIONS 1. State shall conduct the necessary field surveys and traffic investigations, identify and obtain all permits, perform all preliminary engineering and design work required to produce plans, specifications and estimates, 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. The traffic signal installation may be accomplished by the use of state forces, by contract or by any combination of these methods, as the State may elect. 2. State shall, upon completion of the project, assume all respon- sibility for maintenance of the roadway illumination system and accept all responsibility for, and pay all costs of, electrical energy consumed in operation of the illumination system. 3. In order to assure the integrity of the inter-connected traffic system, the State shall perform all necessary maintenance for operation of the entire inter-connected system, and shall bear all costs of such mainte- nance for the traffic signal equipment at Hunziker Road, Varns Street and the North Bound Ramp Terminal. The actual cost of such maintenance for the traffic signals at S.W. Hampton Street shall be billed to the City. The State shall notify the City of any anticipated routine or emergency mainte- nance or repair costs in excess of $5,000 per incident prior to performing such maintenance or repair. 4. State shall retain general jurisdiction and control of the timing established for all traffic signals within the inter-connected traffic signal system, except that the State shall confer with, and obtain con- currence of, the City for timing changes affecting the traffic signals on 72nd Avenue at S.W. Hampton Street. CITY OBLIGATIONS 1. City shall, upon completion of the project, accept all responsi- bility for, and pay all costs of, electrical energy consumed in operation of the traffic signals on 72nd Avenue at Hunziker Road, Varns and Hampton Streets, and the North Bound Ramp Terminal. 2. City shall reimburse the State, as billed, for the actual cost of routine and emergency maintenance and repair of the traffic signal equip- ment installed on 72nd Avenue at Hampton Street. -2- 3. City shall adopt a resolution authorizing its designated City Officials to enter into and execute this agreement on behalf of the City, and a copy of said resolution shall be attached hereto and become a part hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. The City has acted in this matter in accord with Resolution No. 3 , Y V adopted by its City Council on the 2;i 1983. This project was approved by the Oregon Transportation Commission on January 19, 1982 as a part of the Six Year Highway Improvement Program (page 54) . 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. APPRO OMME D STATE OF OREGON, by and through its Department of Transportation, By Highway Division Region Engineer By Sta e Highway Engineer Date 1/Z 7/ CITY OF TIGARD, by and through its City Ufficials y 7 c Mayor B &), e Crt City Recorder -3- CITY OF TIGARD, OREGON RESOLUTION NO. 83-2,!� A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS COSTS AT HIGHWAY 217 AND S.W. 72nd AVENUE INTERCHANGE. WHEREAS, the Tigard City Council wishes to enter into an agreement with the Oregon Department of Transportation (ODOT) regarding the obliga- tions of the State and the obligations of the City, and WHEREAS, the City and State have deemed it necessary to install traffic signals at Hwy 217 and S.W. 72nd Avenue in order to maintain a safer and more expeditious flow of traffic. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: Section 1: The Council hereby authorizes the Mayor and City Recorder to sign, on behalf of the City, an agreement with the Oregon Department of Transportation identifying their respective obligations relative to the costs of maintenance and opera- tion of said signals. PASSED: This _�` day of .s L 1983. +i i f Mayor ATTEST: City Recorder l APPROVED TO FORM: City Attorney RES. NO. 83-_ i CITY OF TIGARD, OREGON RESOLUTION NO. 83- I A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS COSTS AT HIGHWAY 217 AND S.W. 72nd AVENUE INTERCHANGE. WHEREAS, the Tigard City Council wishes to enter into an agreement with the Oregon Department of Transportation (ODOT) regarding the obliga- tions of the State and the obligations of the City, and WHEREAS, the City and State have deemed it necessary to install traffic signals at Hwy 217 and S.W. 72nd Avenue in order to maintain a safer and more expeditious flow of traffic. NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: Section 1: The Council hereby authorizes the Mayor and City Recorder to sign, on behalf of the City, an agreement with the Oregon Department of Transportation identifying their respective obligations relative to the costs of maintenance and opera- tion of said signals. PASSED: This 2,;� ` day ofct_ a s L 1983. I i Mayor ATTEST: City Recorder APPROVED TO FORM: City Attorney RES. NO. 83- f k 23. APPROVE CITY ADMINISTRATOR EVALUATION CRITERION (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. 24. APPROVE MINUTES - July 25 & August 8, 1983 (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. LROVE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION FOR SIGNAL RGY AND MAINTENANCE COSTS - Hwy. 217 and 72nd Avenue Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. 26. ACCEPT STREET DEDICATION AND WAIVE RECORDING FEE - SW 78th (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. 27. RESOLUTION NO. 83-76 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC STREET IMPROVEMENTS KNOWN AS SW KATHERINE STREET EXTENSION, GENERALLY LOCATED WEST OF SW 121ST AVENUE, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. 28. AUTHORIZE RELEASE OF CASH BOND - $8,850 - SW Katherine Street/Tigard School District (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. 29. CALL SPECIAL COUNCIL MEETING FOR TUESDAY, SEPTEMBER 6, 1983 AS EXECUTIVE SESSION (a) Motion by Councilor Brian, seconded by Councilor Cook to approve. Motion was approved by 3-2 majority vote of Council with Councilors Scheckla and Scott voting NAY. PAGE 9 - COUNCIL MINUTES - AUGUST 22, 1983