Resolution No. 91-08 99
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CITY OF TIGARD, OREGON
RESOLUTION NO. 91-C)8
A RESOLUTION OF THE CITY OF TIGARD AUTHORIZING THE MAYOR AND THE CITY
RECORDER TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT OF
TRANSPORTATION, WASHINGTON COUNTY AND THE CITY OF BEAVERTON PROVIDING
FOR THE IMPROVEMENT OF SCHOLLS HIGHWAY BETWEEN HURRAY BOULEVARD AND
FANNO CREEK
WHEREAS, an agreement has been prepared providing for improvement of the
Scholls Highway (SW Scholls Ferry Road) between Murrav Boulevard and
Fanno Creek and defining the project responsibilities of the State,
Washington Countv, Beaverton and Tigard; and,
WHEREAS, the Tigard Citv Council finds the proposed project to be
beneficial to the City in order to improve safety and reduce congestion
on the Scholls Highway; and,
WHEREAS, the proposed road improvement is located partially within the
city limits of Tigard.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Council hereby authorizes the Mavor and City Recorder to
sign, on behalf of the Citv of Tigard, an agreement with the Oregon
Department of Transportation, Washington County, and the City of
Beaverton identifying their respective obligations relative to the
proposed improvement of Scholls Highway between Mnrrav Boulevard and
Fanno Creek.
PASSED- This
"' day of✓ � � g3-,
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Mayor - C y of Tigard
ATTEST:
City Recorder - itv of�Iigard
rw/ord-sch
Revised: November 21, 1990
M.iec: Contracts & Agreements
No. 10321
COOPERATIVE IMPROVEMENT AGREE14ENT
PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE
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"; WASHINGTON COUNTY, a political subdivision of the State
Of Oregon, acting by and through its elected officials,
hereinafter referred to as "County"; CITY OF BEAVERTON, a
municipal corporation of the State of Oregon, acting by and
through its City officials, hereinafter referred to as
"Beaverton"; and CITY OF TIGARD, a municipal corporation of the
State of Oregon, acting by and through its City officials,
hereinafter referred to as "Tigard".
W I T N E S S E T H
RECITALS
1. Scholls Highway is a part of the state highway system under
the jurisdiction and control of the Oregon Transportation
Commission. County agrees to assume jurisdiction and control of
the Scholls Highway from Hillsboro-Silverton Hwy. to
Beaverton-Hillsdale Hwy. as provided for in the memorandum of
understanding executed between State and County on November 20,
1990 and described in agreement No. 9228 and subsequent
supplements thereto.
2. For the purpose of providing acceptable traffic patterns on
public highways, State plans and proposes to widen the Murray
Road to Fanno Creek section of Scholls High%(ay to four lanes
with a continuous left-turn lane, intercoennect traffic signals,
construct right turn lanes at most signalized intersections,
provide signals and illumination at major intersections, and
provide linear conduit for future installation of illumination
along the length of the project; 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 will be
financed with $2,393,997 in Federal Aid Urban Funds and $815,140
in Federal Aid Interstate Transfer Funds with State providing
the necessary matches. County will contribute a lump sum of
$41,432 MSTIP (Major Streets Transportation Improvement Program)
funds and a lump sum in private contributions of $233,314. Any
additional funds will be provided by State.
53190003 I
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Contract No. 10321
WASHINGTON COUNTY, CITY OF BEAVERTON, AND CITY OF TSGARD
1
3. By the authority granted in ORS 366.770, and 366.775, State
may enter into cooperative agreements with the counties and
cities for the performance of work on certain type- of
improvement projects with the allocation o£ costs on
ntrms and
conditions mutually agreeable to the contracting parties.
Traffic signal work on the project will conform to the current
State standards and specifications.
4. By the authority granted in ORS 810.210, State is authorized
to determine tha 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 control signals shall be erected
or maintained upon any State highway by any authority other than
State, except with its written approval.
NOW, THEREFORE, the premises being. in general as stated in the
foregoing 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 or issue the require
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.
2. State shall name Washington County in the construction
contract and performance bond as a beneficiary of said
documents, expressly entitled to independently enforce their
terms directly against the contractor and surety.
3. State shall retain complete jurisdiction and control of the
timing established for operation of the traffic signals. Any
requests for changes in the traffic signal timing will be
subject to review and approval by State.
4. State shall lay out and paint the necessary, lane lines and
erect the required directional and traffic control signing for
the project.
B3190003
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Contract No. 10321
WASHINGTON COUNTY, CITY OF BEP.JERTON, AND CITY OF TICARD
...,.,..TY ^gLIGATIONS
1. County shall provide the necessary existing right-of-way and
easements within County jurisdiction for any required roadway
widening for installation of the traffic signal equipment,
including advance detector loops.
2. County shall, upon request by State, relocate or
reconstruct, or cause to be relocated or reconstructed, all
privately or publicly-owned utility conduits, lines, poles,
mains, pipes, and all other such facilities of every kind and
nature, where such utilities or facilities are located within
the right-of-way of any presently existing County road where
such relocation or reconstruction is necessary in order to
conform the utilities or. facilities to the plans for the
project. County may request State to arrange for said
relocation, acting on bEhalf of County.
3. County shall, upon receipt of a fully executed copy of this
agreement, deposit with State a lump sum of $274,746, said
amount being equal to 100 percent of County's share of the
estimated cost for construction.
4. County shall authorize execution of this agreement during a
regularly convened session of its Board of County Commissioners.
BEAVERTON OBLIGATIONS
1. Beaverton shall provide the necessary existing right-of-way
and easements within Beaverton jurisdiction for any required
roadway widening for installation of the traffic signal
equipment,. including advance detector loops.
2. Beave7.ton shall, upon request by State, relocate or
reconstruct, or cause to be relocated or reconstructed, all
privately or publicly-owned utility conduits, lines, poles,
mains, pipes, and all other such facilities of every kind and
facilities are located within
nature, where such utilities or
the right-of-way of any presently existing Beaverton street where
such relocation or reconstruction is necessary in order to
conform the utilities or facilities to the plans for the
project. Beaverton may request State to arrange for said
relocation, acting on behalf of Beaverton.
B3190003
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Contract No. 10321
WASHINGTON COUNTY, CITY OF BEAVERTON, AND CITY OF TIGARD
TIGARD OBLIGATIONS
1 . Tigard shall provide the necessary existing right-of-way and
easements within Tigard Jurisdiction for any required roadway
w1clening for installation of the traffic signal equipment,
including advance detector loops.
2. Tigard shall, upon recruest by State, relocate or
reconstruct, or cause to be relocated or reconstructed, all
privately or publicly-owned utility conduits, lines, poles,
mains, pipes, and all other such facilities of every kind and
nature, where such utilities or £ac.;lities are located within
the right-of-way of any presently existing Tigard street where
such relocation or reconstruction is necessary in order to
conform the utilities cr facilities to the plans for the
project. Tigard may request State to arrange for said
relocation, acting on behalf of Tigard.
GENERAL PROVISIONS
1. State, County, Beaverton, and Tigard agree and understand
that a mutual review of the plans and estimates will be
conducted prior to advertisement for construction bid proposals.
2 County, Beaverton, and Tigard shall, under a separate
agreement, negotiate maintenance and power responsibilities for
all signals and illumination except for the signals at the
intersection of H111sboro-Silverton Hwy., Beaverton-Tigard
interchange between the railroad crossing and the northeast side
o£ the Hall Blvd. intersection, and the
Beaverton-Hillsdale/Oleson Rd. intersection which will remain
under State jurisdiction.
3. Subject to the limitations of the Oregon Constitution and
statutes, State, County, Beaverton, and Tigard each shall be
solely responsible for any loss or injury caused to third
parties arising from State's, County's, Beaverton's, or Tigard's
own acts or om_ss i ons under this agreement and State, County,
Beaverton, or Tigard shall defend, hold harmless and indemnify
the other party to this agreement with respect to any claim,
litigation or liability arising from State's, County's,
Beaverton's, or Tigard's own acts or omissions under this
agreement.
4. The Contractor, its subcontractors, if any, and all
employers working under this Agreement/Contraot are subject
em loyers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers'
compensation coverage for all their ev.bject workers.
b3190003
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Contract No. 10321 1
WASHINGTON COUNTY, CITY OF BEAVERTON, AND CITY OF T'IGARD
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year herein ter written.
This project was approved by the, Oregon Transportation
Commission on July 17, 1990 as a part of the Six Year Highway
Improvement Program, page 19.
The Oregon Transportation Commission, by a duly adopted
delegation order, authorized the State Highway Engineer to sign
this agreement £or and on behalf o£ the Commission. Said
authority is set forth in the Minutes of the Oregon
TransportatZOM-M-3
Co bion.
Y1DDizO�7 /hit. F'T71'1TT.'!1'- CT3TE !lL` AD Jnnw jj ��� tra�ily'R
By y/ � its Department of Transportation,
Region Engineer Highway Division
Date By
State Highway Engineer
APPROVED AS TO Date
LEGAL SUFFICIENCY
WASHINGTON COUNTY, by
By and through its Elected Officials
Asst. Attorney General
Date airman
By
APPROVED AS TO Commissioner
LEGAL UFF CIENCY
By
Br—1 J �' Commissioner
County Counsel
Date
/: Date
CI; OF IGARD, by a CITY OF BEAVERTON, by and through
th ounits 6ff'cials its Appointed Officials
1J By
or ` Mayor
ByBy
�' LGyI L��l Oli
ity Recorder U City Recorder
Date Date
a: u COUNTY
t B3190003 ECA*-;D OFOr M;SSIONERS
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