Resolution No. 89-13 CITY OF TIGARD, OREGON
RESOLUTION No. 89- I')
A RESOLUTION OF THE TICARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN AN AMENDMENT TO A PREVIOUS AGREEMENT WITH OREGON DEPARTMENT
OF TRANSPORTATION, WHICH PROVIDES FOR A TRAFFIC SIGNAL AT BEAVERTON-TUALATIN
HIGHWAY AND SW MCDONALD STREET.
WHEREAS, by Resolution No. 86-35, the City Council authorized an agreement
with the Oregon Department of Transportation (ODOT) providing for the
installation and maintenance Of a traffic signal and other improvements at the
intersection of Beaverton-Tualatin Highway (Hall Blvd.) and SW McDonald
Street; and
WHEREAS, ODOT has requested an amendment to the previous agreement to provide
for the use of Federal Aid Urban funds in the project; and
WHEREAS, the amendment will not change the maximum City funding participation
in the pvojeck, and
WHEREAS, the City Council finds that the proposed t,roject will provide
important safety improvomexits;
NOW, THEREFORE, BE IT RESOL-IFD by the Tigard City Council that:
Section 1: The Council hereby authorizes the Mayor and the City Recorder
to sign, on behalf of the City, an amendment to ODOT Agreement
No. 8541 in order to provide for the use of Federal Aid Urban
Funds in the proposed impro,,ements to the intersection of
Beaverton-Tualatin Highway and McDonald Street.
PASSED* This -L.�.
day of
ATTEST: Mayos - Cif_y of Tigard
Deputy Recorder - City of gard
dj;895TD
RESOLUTION Nfl. 89-/3
Page I _`_
r ' Department of Transportation
HIGHWAY DIVISION
tiEw:.c�uscrMio* TRANSPORTATION BUILDING, SALEM, OREGON 97310
in PMvh wi„io
Fite tip..
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1-9-89
Miscellaneous Contracts b Agreements
No. 8541
City of Tigard
City Hall
Tigard, Oregon 97223
Sertlemen and Ladies:
The Oregon State Highway Division (State) and the City of Tigard
(Agency) entered into Local Agency Agreement No. 8541, dated ;lune 6, 1986,
concerning the installation of traffic control signals and a left-turn
refuge at the intersection of Beaverton-Tualatin Highway at McDonald Street
(project).
It has now been determined by State and Agency that the aforementioned
agreement, although remaining in full force and effect, shall be
supplemented by this agreement in order to update the funding structure of
the project. Any further reference to the .lune 6, 1986 agreement shall
include the following provisions:
Paragraphs 1. and 2, page 1, shall be replaced with the following
two paragraphs:
1. 8y the authority granted in ORS 366.770 and 366,775, the
State may enter into cooperative agreenlents with the 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 contracting parties. The
project will be financed with Title II Hazard Elimination Funds
(HES), limited to a lump sum amount of $139,000 (Federal Funds),
and at a minimum Federal-Aid Urban Funds of $115,000 (Federal
Funds). The State and Agency will share equally in the required
match. Agency's participation will be limited to an amount not
to exceed $25,000.
FerT T:Y.tT2 St-ETi
2. Under such authority, the State and the Agency plan and
prepose to install traffic control signals and a left-turn refuge
at the intersection of Beaverton-Tualatin Highway and McDonald
Street, 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 Title II
Hazard Elimination Program and the Federal-Aid Urban Program
under Title 23, United States Code, and the Oregon Action Plan.
City shall adopt an resolution authorizing its designated City
Officials to enter into and execute this agreement, and the same 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.
This project was approved by the Acting State Highway Engineer on
September 9, 1985 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 benaif of `i:le Cwtivalssion. Said WuthJ:':t,t is a t forth i.n. the Minutes of
the Oregon TWsp--r tion Commission.+`
ARPRGV EZ E STATE OF OREGON, by and through
its Department of Transportation,
{' By Highway Division
'Regid-a-En-yInEfer
By
APPROVED AS TO State Highway Engineer
LEGAL SUFFICIENCY
Date
By
AS&I-STANT-ATTORNEY GENERAL CITY 0 TIGARD, by d?t�reugh
its _ted Gffi al'
Date /
By
APRL
N? A5 TO ✓ -ayor
LEG UFFICIENCY t / a
By , ciy ecor er}�.
arney .
Date r Dates �fi.Z1 i
-2-
Approved: OSHD Staff
EDM:me
9,119/85
Revised: 10/4/85
Misc. Contracts & Agreements
No. 8541
LOCAL AGENCY AGREEMENT
HAZARD ELIMINATION PROJECT
THIS AGREEMEN"r 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 CIlY OF
TIGARD, acting by and through its Elected Officials, hereinafter refer-
red to as "AGENCY".
1. By the authority granted in ORS 366.770 and 366.775, the
State .mav enter into cooperative agreements with the counties and
Mies for the performance '` ^mak on certain types of improvement
projects with the allocation
of
costs on terms and conditions-
agreeable
agreeable to the contracting parties. The project will be financed
with Title Il Hazard Elimination Funds, limited to a lump sum amount
of $130,000. The State and Agency will share equally in the required
match. Agency's participation will be iirtiit=d to an amount not to
exceed $25,000.
2. Under such authority, the State and the Agency plan and propose
to install traffic control signals and a left-turn refuge at the inter-
section of Beaverton-Tualatin Highway and McDonald Street, hereinafter
referred to as "project". The location of the project is approximately
as shcwn 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 Title lY Hazard Elimination Program under Title 23,
United States Code, and the Oregon Action Plan.
3. The Special and Standard Provisions attached hereto, marked
Attachments 1 at-d 2, respectively, are by this reference made a part
hereof. The Standard Provisions apply to all federal-aid projects
and may be modified only by the Special Provisions. The parties hereto
mutually agree to the terms and conditions set forth in !attachments
1 and 2.
4. Agency shall adopt an ordinance or resolution authorizing
its designated City Officials to enter into and execute this agreement,
and the same 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.
This project was approved by the Acting State Highway Engineer
on September 9, 1985 under delegated authority from the Oregon Transpor-
tation 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.
All except SPECIAL PROVISIONS, approved as to legal sufficiency
on September 2, 1983 by Jack L. Sollis, Chief Counsel.
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its cJ
Highway
Department of Transportation,,
Hig
hway Divisian
Region Engineer
By�'
7eLState ighway Engineer
Date '�5'
APPROVED AS TO
LEGAL SUFFICIENCY
t`
9
CITY OF TIGARD. by and through
By y Attorn its Elected Officials
BY ��r �
ayo r Q
By L)�..J�
ity ,Recorder
-2-
ATTACHMENT N0. 1
SPECIAL PROVISIONS
1. State shall, as a federal aid participating preliminary engineer-
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, prelimin-
ary/final specifications, and cost estimates.
2. 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 con-
tract. The State shall• obtain "Record Samples" at specified intervals
for testing in the State Materials laboratory in Salem.
3. Agency shall, according to the Policy Statement for Cooperative
Traffic Cor:trol Projects, dated August 22, 1484, pay for 100 percent
of all electrical costs of energy consumed in the operation of the traffic
signal. -
4. State shall, upon completion of construction, maintain all
areas of project located within the Beaverton-Tualatin Highway right-of-
way, perform and pay for necessary maintenance of the traffic signals,
and shall retain complete jurisdiction and control of the timing estab-
lished for operation of the traffic signals.
5. Agency agrees that should the Agency cancel or terminate the
project for any reason prior to its completion, the Agency shall reimburse
the State for any cast.-z that have been incurred by the State on behalf
of the project.
6 State shall be responsible for acqui.ition of the necessary
right-of-way and easements for construction and maintenance of the proj-
ect.
7. Delete paragraphs 9, 13, 15, 18, and 20, in Attachment No.
2 (Standard Provisions) in their entirety.
Misc. Contracts & Agreements
No. 8541
Date 9/19/85
Revised 3/27/86
ATTACHMENT NO. 2
STANDARD PRW ISIONS
JOINT OBLIGATIONS-
PROJECT P041KISTRATI0N
1. State is acting to fulfill its responsibility to the Federal Highway
Administration (FHWA) by the administration of this project, and the Agency
hereby agrees that the State shall have full authority to carry out this
administration. If requested by the Agency, the State will further act for the
Agency in other matters pertaining to the project. The State and =he A,_ercy
shall actively cooperate in fulfilling the requirements of the Oregon Action
Plan. For all projects the State and the Agency shall each assign a liaison
person to coordinate activities and assure that the interests of both parties
are considered during all phases of the project.
P.E_ r. CISMTRWTION_EtiGINEERING
2. Preliminary and construction engineering may be performed by the State,
the Agency or others. If the Agency, or others, perform the engineering, the
State will s--nitor the wort: for conformance with FHWA rules and regulations. In
the event that the Agency elects to engage the services of a consultant to
perform any of the work covered by this agreement, no reimbursement shall be
made using Federal-Aid funds for any costs incurred by such consultant prior ito
receiving written authorization from the State to proceed. Any such consultant
shall be selected using procedures acceptable to the State and the FHWA, and an
agreement prepared describing the work to be performed and the method of
payment.
REQ 1KD STATEWNT Olt imnnT FINANCIAL ASSISTAM E AGREEWENT:
3. If as a condition of assistance the recipient has submitted and the
.a_S. Deparment of Transportation has approved a minority business enterprise
affirmative action program which the recipient agrees to carry out, this program
is incorporated into this financial assistance agreement by reference. This
program shall be treated as a legal obligation and failure to carry out its
terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved
program, the U.S. Department of Transportation shall impose such sanctions as
noted in Title 49, Code of Federal Regulations, Part 23, Subpart E, which
sanctions may include termination of the agreement or other measures that may
affect the ability of the recipient to obtain future U.S. Department of
Transportation financial assistance.
The recipient further agrees to comply with all applicable Civil Rights
Lass, Rules and Regulations, including Section 504 of the Rehabilitation Act of
1973 and the Vietnam Era. Veterans' Readjustment Act.
F
4. The parties hereto agree and understand that they will comply
with all applicable statutes and regulations, including but not limited to:
Title 6, USC, Civil Rights Act; Title 49 CFR, Part 23; Title 18, USC, Anti-
Kickback Act; Title 23, USC, Federal-Aid Highway Act; Titles 2 and 3 of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970; provisions of 23 CFR 1.11 and FHPM 1-4-5 (23 CFR 140.7); and the
Oregon Action Plan.
STATE OBLIGATIONS:
PROGRAM REQt1ES T
5. State shall submit a program to the FHWA with a request for
approval of federal-aid participation in all engineering, right-of-waY
acquisition, eligible utility relocations and construction work for the
prosect. NO WORK SHALL PROCEED UNTIL SUCH APPROVAL HAS BEEN
OBTAINED.— The
program shah enc u e services to provided y t e tate, t o Agency or
others. The State shall notify the Agency in writing when authorization to
proceed has been received from the FHWA. Major responsibility for the
various phases of the project will be as outlined in the Special
Provisions. All work and records of such work shall be in conformance with
FHWA rules and regulations, and the Oregon Action Plan.
AUTHORI`ry FOR SURVE"c'
6. State shall prepare an Authsrity for Survey which will itemize the
estimate of cost for preliminary engineering services to be provided by the
State, the Agency or others, and shall furnish the Agency with a copy of
such cost estimate.
FINANCE
7. State shall, in the first instance, pay all reimburseable costs of
the project, submit all claims for federal-aid participation to the FHWA in
the normal manner, compile accurate cost accounting records and furnish the
Agency with an itemized statement of actual costs to date at the end of
each State Fiscal Year. When the actual total cost of the project has been
computed, the State shall furnish the Agency -with an itemized statement of
such final costs.
PROJECT ACTIVITIES
8. State shall, if the work is performed by the Agency or others,
review and process or approve all environmental statements, preliminary
plans, specifications and cost estimates, prepare the contract and bidding
documents, advertise for bid proposals, award all contracts and, upon award
of a construction contract, perform all necessary laboratory testing of
materials, process and pay all contractor progress estimates, check final
quantities and costs, and oversee and provide intermittent inspection
services during the construction phase of the project. The actual cost of
laboratory testing services provided by the State will be charged to the
project construction engineering cost account number (prefix) and will be
included in the total cost of the project.
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FREE BRIDGE DESIGN
9. State shall, as provided in OPS 366.155(k), prepare plans and
specifications for bridges and culverts (structure portion only) at no expense
to the counties.
MENCY OBLIGATIONS:
FIKANCE
10. The project applicant will, prior to the commencement of the
preliminary engineering and ri,ht-of-wav acquisition phases, deposit with State
its estimated share of each phase.
The applicant's share of construction will be deposited in two parts. The
initial deposit will represent 65 percent of the applicant's share, based en the
engineer's estimate, and will be requested three weeks prior to opening bid on
the project. 1-Ipon award of the contract. the balance of the applicant's share
will be requested.
Collection of advance deposits amounting to less than $2,500 for any phase
of project (P.E., R/W) will be postponed until collectively the amount exceeds
$2,500 or until the collection of the advance deposit for construction is
required.
Pursuant to ORS 366.425, as ar.:`nded 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 deposited in 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_
11. Agency shall present properly certified bills for 100 percent of actual
costs incurred by the Agency on behalf of the project directly to the State
Liaison Person for review and approval. Such bills shall be in a form
acceptable to the State and documented in such a manner as to be easily
verified. Billings shall be presented for periods of not less than one mo
ntrt
duration, based on actual expenses to date. All billings received from the
Agency must be approved by the State Liaison Person prior to presentation to the
Highway Division Accounting Office for payment. The Agency's actual costs
eligibile for federal-aid participation shall be those allowable under the
provisions of 23 CFR 1.11 and FHPM 1-4-5 (23 CFR 140.7).
12. The cost records and accounts pertaining to the work covered by this
agreement are to be kept available for inspection by representatives of the
State and the FHWA for a period of three (3) years following the da-e of final
payment. Copies of such records and accounts shall be made available upon
request.
pgo3ECI CANC£LLATIOK
13. Agency agrees that should the project be cancelled or terminated for
any reason prior to its completion_, the Agency shall reimburse the State for any
costs that have been incurred by the State on behalf of the project.
.. W"TED STARTING CATE
14. In the event that right-of-way acquisition, or actual construction of
the facility for which this preliminary engineering is under-
-3-
■
taken is not started by the lose fisthe
executedFlthe State mayYEAR request
fiscal year in which this agreement
reimbursement
terms he suofor sums off ederal-Aid funas disbursed to the
Agen
RIGHT OFIM Ht1Y
15. Agency shall be�resfponsibstructiongandimmaintenarcee ofCtheaproject.
right-of-way and ease�mentS
The State shall review all right-of-way activities engaged in by the Agency
to assure compliance with applicable laws and regulations. The Agency may
request the State to perform the acquisition functions, subject to exe-
cution of a Right-of-Way Services Agreement. If any real property pur-
chased with federal-aid participation is no longer needed for right-of-way,
or other public purposes, the disWh chi are inseffeuch et atrthestime ofll bdist to
applicable ruses and regu.'-'o-•-
position. Reimbursemmment to the State of the required proportionate share
of the fair market value may be required.
UTILITIES
15. 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 lities and thosecilfa
with the plans and ultimate requirements of the project. Only
utility relocations which are eligible for federal-aid participation under
the 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 expense of the Agency,
withintjuris-
The State will arrange for utility adjustments in areas lying
diction of the State and, if the State is performing the preliminary engi-
neering, the Agency may urisdiLtion, actingst the State tronnbehalf offor ltheyAgenadust-
cy.
meats lying within Agencyy j
Agency shall, five weeks prior to the opening of construction bid
proposals, furnish the State with an estimate of cost for eligible rein
burseable utility relocations, based on the plans for the p j
e . The
Agency shall notify the State liaison Person prior to proceeding with any
utility relocation work in order that the work may be properly
ted
into the project and receive :.he proper authorization.
CONSTRllCTltt}U
17. Construction plans shall be in conformance with standard practices
of the State for plans prepared by its own staff, and shall be developed in
accordance with the design standards published by AASHTO which pertain to
the type of facility proposed. The latest design standards adopted by
AASHTO shall govern the design of highway bridges and related structures.
All specifications for the project shall be in substantial compliance with
the "Oregon Standard Specifications for Highway Construction".
i
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CRAi)E CWWGE LIABILITY
18. Agency, if a County. acknowledges the effect and scope of ORS
205.755 and agrees that all acts necessary to complete cor:struction of the
project which may alter or change the grade of existing county roads are
oeina accomplished at the direct request of the County-
Agency, if a City, hereby accepts responsibility for all claims for
ud�T�a -g�s from grade changes. Approval of plans by the State shall not
h of rade-
subject the State to liability under OHS 105.700 for c••ange g-
4VRIMA4 4R VL/lt6
19, 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-
p{�I1g7EHiAK� RE�+�3�ILITIES
20. Agency shall, upon completion of construction, thereafter
maintain and operate the project at its own cost and expense, and in a
manner satisfactory to the State and the FHWA.
_g_
CITY OF TIGARD, OREGON
RESOLUTION NO. 86--3
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY
RE(-XURDER TO SIGN AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT)
WHICH PROVIDES :OR A TRAFFIC SIGNAL AT BEAVERTON/TUATATIN HWY. AND SW MCDONALD
STREET.
WHEREAS, the Tigard City Council wishes to enter into an sgreemeent with Lhe
Oregon Department of Transportation (ODOT) regarding the obligation of the
State and the City of Tigard, and
WHEREAS, the City and Sta`e have deemed it necessary to install a traffic
signal at Beaverton/Tualatin Hwy., and SW McDonald Street in order to maintain
a safer and more expeditious flow of traffic,
W)W, 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 and
relative to the costs of maintenance and operation of said signal.
PASSED: This ry� day of '`j 1486.
9 _
City of Tigard
ATTEST:
eputy City Recorder - City of Tigard
aR:bs225
RESOLUTION NO. 86- 31
PacQe I.
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