Resolution No. 79-58 O.
CITY OF TIGARD, OREGON
RESOLUTION No. 79-,
A RESOLUTION AUTHORIZING EXECUTION OF THE CONSTRUCTION-FINANCE AGREEMENT FOR
IMPROVEMENTS OF PACIFIC HIGHWAY.
WHEREAS, the City of Tigard has participated in the planning and
preparation of proposed improvements to Pacific Highway West within
the City of Tigard; and
WHEREAS, the City and the Department of Transportation of the State
of Oregon have, following this planning and preparation, proposed the
construction of the North Tigard Interchange - Beef Bend Road Section of
Pacific Highway West; and
WHEREAS, the City Council has reviewed the proposed construction-
finance agreement between the Department of Transportation and the City,
and approves its terms.
NOW, THEREFORE, the City Council hereby resolved that the Mayor and
the City Recorder are authorized to sign the construction-finance agreement
on behalf of the City. A copy of the construction-finance agreement is
attached to this resolution as Exhibit "A".
PASSED THIS �_ day of _ Ilay , 1979, by the City Council of the
City of Tigard, Oregon.
May—
ATTEST:
ayy
or
ATTEST:
Recorder
xe RESOLUTION No. 79-_-QL
Approved: L. E. George
MCH:nf
4/23/79
Misc. Contracts & Agreements
No. 6396
CONSTRUCTION-FINANCE AGREEMENT
INTERSTATE TRANSFER PROJECT
THIS AGREEMENT is mode 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.within the State of Oregon, acting by and through
its City Officials, hereinafter referred to as "City".
W I T N E S S E T H
RECITALS
1. The Pacific Highway West, State Primary Highway No. 1W, is a
state highway under the jurisdiction and control of the Oregon Trans-
portation Commission, and is routed through the City of Tigard.
2.' By the authority granted in ORS 366.775, State and City may
enter into agreements for the construction, reconstruction, improvement,
or repair of any street, highway or road upon such terms and conditions
as are mutually agreeable. Under said authority, State and City pian
and propose to construct the North Tigard Interchange-Beef Bend Road
Section of the Pacific Highway West, hereinafter referred to as "project".
The location and limits of said project are approximately as shown on
the sketch attached hereto, marked Exhibit A, and by this reference made
a part hereof. Said project is to be financed with interstate transfer
funds withdrawn from the Mt. Hood Freeway.
3. It is proposed that the project will consist of all work necessary
to improve a 3.2 mile section of Pacific Highway West. The project will
provide intersection channelization and improvements, new traffic signals,
replacement of existing traffic signals at two intersections and inter-
connection and synchronization of all traffic signals within the project
limits. All engineering, right-of-way acquisition, eligible utility
relocations, and construction work are to be included in the total costs
and participation.
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:
THINGS TO BE DONE BY STATE
1. State shall submit a program to the Federal Highway Adm inistrat;on
for approval of right-of-way acquisition, utility relocations and con-
struction for the project. Said program shall include services of both
State and City. State shall notify City in writing when authorized to
proceed with each phase of the project.
2. State shall obtain the necessary right-of-way and easements, pre-
pare the contract documents, advertise for bids, award all contracts, and
furnish all construction engineering, material testing, inspection and
resident engineer services for construction of the project.
3. State shall relocate or cause to be relocated, all existing
privately-owned utility conduits, lines, poles, mains, pipes, and
other such facilities that are located on private property where such
relocation is necessary to conform said utilities or facilities to the
plans for the project.
4. State shall arrange conferences with City during construction of
the project to review the work in progress and assure conformance with
City's project request. As a minimum, a pre-construction conference shall
be arranged prior to proceeding with the contract work and at any time
alternates are to be considered. State shall submit final plans and
estimates for City review and approval prior to advertising for contract
bids.
5. State shall, upon completion of the project, perform all necessary
maintenance operations on the state highway portion of the project, and
shall, at State's sole expense, perform all maintenance required for
operation of the traffic signal equipment within the limits of the
project.
G. State shall, upon receipt of an itemized statement, reimburse
City for its actual participating costs incurred in behalf of the
project.
7. State shall, in the first instance, pay all costs of the project,
submit all claims for federal aid participation to the Federal Highway Admini-
stration in the normal manner, compile accurate cost accounting records and,
upon completion of the project, furnish City with an itemized statement of
the actual total cost of the project.
THINGS TO BE DONE BY CITY
1. City shall, upon award of a contract, assign a liaison engineer
to assure that construction of the project is in conformance with City
requirements and standards. The liaison engineer shall act as the
coordinator between State and the various interested City Departments
during construction of the project.
2. City shall, prior to the commencement of any phase of work
covered by this agreement, deposit with State a sum of money equal to
100 percent of the difference between the estimated total cost of said
phase of work and the amount anticipated to be contributed by the Federal
Highway Administration. When the actual total cost of the project has
been computed, an adjustment in C:ty's matching share of the cost will
be made.
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3. City shall not undertake any phase of the project prior tr, re-
ceiving written authorization from State. All work and records of such
work shall be in conformance to Federal statutes, regulations and the
Oregon Action Plan.
4. 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 utility and other
facilities with the plans and ultimate requirements of the project. Only
those utility relocations which are eligible for federal participation
under Federal Aid Highway Program Manual, Volume 1, Chapter 4, Section 4,
shall be included in the total project costs and participation; all
other utility relocations shall be at the sole cost of City or others.
5. City shall, five weeks prior to the bid opening, furnish State
with an estimate, based on the plans for the project, of the cost of
eligible reimbursable utility relocation work so the work can be properly
coordinated into the project and receive proper authorization.
6. City shall submit to State billings of eligible reimbursable
expenses incurred by City, for periods of not less than two months'
duration based on actual expenses to date.
7. Upon completion of the project, City shall not permit any en-
-croachment upon the project right-of-way which will cause more than a
temporary obstruction to the free and convenient flow of traffic over
the project; and City shall not impose any regulations of traffic which
shall unduly hinder the flow of traffic upon the project by granting pre-
ference to traffic entering from other intersecting roads or streets.
8. City shall, upon completion of said project, control all parking
on this project. Any alterations in regard to traffic control measures
shall have concurrence of State,
9. City shall, upon completion of the project, accept all respon-
sibility for, and pay all costs of, electrical energy consumed in
operation of the traffic signal equipment. City shall make no changes
in the timing program established for the signal system without prior
written concurrence of State.
10. City agrees that should it cancel or terminate the project prior
to its completion, it will reimburse State for any costs that have been
incurred by State in behalf of the project.
11. City shall adopt a resolution authorizing its City Officials to
enter into this agreement and the same shall become a part hereof and
attached hereto.
GENERAL PROVISIONS
1. The parties hereto mutually agree and understand that City shall
contribute 100 percent of the difference between the actual total cost
is
of the project and the amount contributed by -the Federal Government.
y
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2. The parties hereto agree and understand that they will comply
with all applicable Federal and State statutes and regulations, including
but not limited to: Title 6, U.S.C., Civil Rights Act; Title 18, U.S.C.,
Anti-Kickback Act; Title 23, U.S.C., Federal Aid Highway Act; Titles 2
and 3 of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970; and the Oregon Action Plan.
3. Provisions of state and federal law applicable to public contracts
and agreements of this type are hereby incorporated by reference.as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written. City has acted in
this matter pursuant to Resolution No. �2�_-5-X adopted by its City
Council on the 14"11— day of M�,T---'I 979,
This project was approved by the Oregon Transportation Commission on
April 17, 1979, at which time the State Highway Engineer was authorized and
directed to sign the necessary agreements for and on behalf of the Commission.
Said authority is set forth in the Minutes of the Oregon Transportation
Commission.
APPROVED STATE OF OREGON, by and thro
its Department of Transporta
_ Highway Division
Asst. State Highway Engineer
State Highway Engineer
Date
'i CITY OF TIGARD, by and throu4
City Official
By ��
APPROVAL RECONU4ENDED ayo
By
Region Engineer y Recor er
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