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Resolution No. 79-108 CITY OF TIGARD, OREGON RESOLUTION No. 79-)oY A RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT FOR NOISE MITIGATION AT ST. ANTHONY SCHOOL. WHEREAS, the Oregon State Highway Division and the City of Tigard entered into agreements, dated May 6, 1978 and May 25, 1979, concerning design and construction of the north Tigard Interchange - Beef Bend Road Section of the Pacific Highway West (project); and WHEREAS, the project will create a noise impact on the St. Anthony School; and WHEREAS, the State and City plan and propose to perform certain noise mitigation work as a part of the project; and WHEREAS, the St. Anthony School is going to reimburse the City 100% of the local share costs; and WHEREAS, the City Council has reviewed the proposed noise mitigation agreement between the State and the City, and approves its terms; NOW, THERE10RE, the City Council hereby resolves that the Mayor and City Recorder are authorized to sign the noise mitigation agreement on behalf of the City. A copy of the agreement is attached to this resolution Q as Exhibit "A". PASSED: This ,`�(o day of /V6,u2vrb Pty , 1979. i 2 Mayor t '- ATTEST: Recorder RESOLUTION No. 79-./0 — "EXHIBIT A" Department of Transportation HIGHWAY DIVISION VtCT6R A�TIVEH TRANSPORTATION BUILDING, SALEM, OREGON 97310 MCH:pf 9/26/79 In Renly Refer to File No..- Misc. o.:Misc. Contracts & Agreements No. 6396 Tigard City Council City Hall Tigard, Oregon 97223 Gentlemen: The Oregon State Highway Division (State) and the City of Tigard (City) entered into agreements, dated May 6, 1978 and May 25, 1979, concerning design and construction of the North Tigard Interchange - Beef Bend Road Section of the Pacific High- way West (project). The project will create a noise impact on the St. Anthony School. State and City, therefore, plan and propose to p•:rform certain Noise Mitigation Work as a part of the project using federal aid participating funds withdrawn from the Mt. Hood Free- way. It is proposed that the work be accomplished in the following manner. State shall submit a program to the Federal Highway Admini- stration with a request for approval of all engineering and con- tract work. State shall conduct the necessary studies, perform all pre- liminary engineering and design work required to prepare plans, specifications and estimates, advertise for bids, award all con- tracts and furnish all construction engineering, material testing, technical inspection and resident engineer services for admini- stration of the contract. State shall submit plans and estimates for City review and approval prior to advertisement for contract bids. City shall, following consultation with St. Anthony School Officials, review and approve all plans and estimates received from State. City shall, following consultation with St. Anthony School Officials and within 20 days following the opening of bids, for- ward to State its advance deposit in an amount equal to 100 per- cent of the difference between the total estimated cost of the F.—734.3112 Tigard City Council September 26, 1979 Page 2 y work and the amountanticipated to be contributed by the Federal Highway Administration. When the actual total cost of the work has been computed, an adjustment will be made in the City matching share of said cost. City reserves the right to request State to reject all bids if the apparent low bid is 10 percent or more above the engineer's bidding estimate. 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. 7 q-Io k adopted by its City Council on the aj,'Tl- day of AloyeA.,bs,- 1979. This project was approved by the Oregon Transportation .Com- - - misslun 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.. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation, Highway Division Metropolitan Administrator State IIighway Engineer Date CITY OF TIGARD, by and through its Cit Of 'tial Mayor By City Recorder O I I