Resolution No. 91-09 mom
Oil
CITY OF TIGARD, OREGON
tom. RESOLUTION NO. 91-C)q
�i
A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZI14G THE MAYOR AND CITY
RECORDER TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTA-
TION FOR BIKEWAY IMPROVEMENTS ON 97TH AVENUE.
WHEREAS, State funds are available to pay a portion of the costs of
constructing bikeway improvement along 97th Avenue between McDonald
Street and Templeton School.
WHEREAS, State funding is subject to certain conditions defined in a
proposed agreement with the Oregon Department of Transportation; and
WHEREAS, the City Council has determined that it is beneficial to the
city to enter into the proposed agreement for bikeway funding;
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 bikeway improvement on
Re 97th Avenue between McDonald Street and Templeton School.
f-t1
PASSED: This / day of '/ "1 91
Mayor - Ci o igard
ATTEST:
City Recorder - City of Tiga
d]/GA:r-97th.GA
RESOLUTION No. 91-
Page
1_Page 1
FE
j
APPROVED OSHD Staff
January 8, 1991
Misc. Contracts & Aareements
No. 10537
CONSTRUCTION-FINANCE AGREEMENT
BIKEWAY PROJECT
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, acting by and through its
El cted Officials, hereinafter referred to as "City".
WITNESSETH
RECITALS
1. By the authority granted in ORS 366.514 not less than one
percent of funds received from the State Highway Trust Fund will
be expended by the State and the various counties and cities for
- the establishment of footpaths and bicycle trails. The
- establishment and maintenance of such footpaths and bicycle
trails are for highway, road and street purposes.
2. By the authority granted in ORS 366.770 and 366_775, State
may enter into cooperative agreements with counties and cities
for the performance of work on certain types of improvement
projects with the allocation of c costs on terms and conditions
mutually agreeable to the contracting parties.
3. Under such authority, State and City plan and propose to
construct the McDonald Street-Templeton School Saction of the
S-W. 97th Avenue Bikeway, hereinafter refered to as "project".
The location of the project is approximately as shown on the
sketch map attached hereto, markad Exhibit A, and by this
reference made a part hereof.
4_ State and City have determined that the actual total cost of
the bikeway project, estimated to be $55,000, shall be shared by
State and City; with State to provide up to an amount no% to
exceed $44,000, or 80 percent of the total project cost
whichever is lesser. The remaining project cost is to be
provided by City.
BIKCF006
Rill-
Contract No. 10537
City of Tigard
Now THEREFORE, the premises being in general as stated in the
-regoing RECITALS, it is agreed by and between the parties
hereto as follows:
STATE OBLIGATIONS
1. State's Bikeway Program Manager shall review and concur in
the plans prepared by City, and shall process all billings
submitted by City.
2. State shall assign a liaison person from its appropriate
Region Office to monitor progress of project and to assure
substantial compliance with project specifications. The
liaison person shall review and concur in the final project and
shall review and approve all billings submitted by City.
3. Upon receipt of a copy of the construction plans and
specifications and notification that the City is prepared to
proceed with the work, State shall deposit with City the sum of
$22,000, such amount being equal to 50 percent of the agreed
maximum State share of project costs. Said depos't shall not be
made prior to July 1, 1991. Upon completion of project and
receipt from City of an itemized statement of the actual total
cost of the project, State shall deposit with City a final
payment- of $22,000, or the remainder of 80 percent of the actual
total cost of the bikeway project, whichever is the lesser. In
no event shall participation by State exceed the total sum of
$44,000.
CITY OBLIGATIONS
1_ City or its consultant shall conduct the necessary field
s,irveys, and prepare plans and contract documents, advertise for
bid proposals, award all contracts and supervise construction of
the project. Actual construction of the project may be
accomplished by City forces, by contract, or by any combination
of these methods, as City sb.�1.1_ elect_
2_ City shall submit two copies of the plans and specifications
to State's Bikeway Program Manager for State review and-
concurrence
ndconcurrence prior to construction. The bikeway design shall be
based on the American Association of State Hiqhwav and
Transportation Officials Manual "Guide for Development of New
Bicycle Facilities, 1981", as supplemented grid adopted by State.
All proposed signing and marking shall be in conformance with
the Federal Highway Administration's "Manual on Uniform Traffic
Control Devices" as -supplemented and adopted by State.
F
-2-
B I KCF006
Contract No. 10537
City of Tigard
3. City shall by October 1, 1991, enter into a contract for
development of project with a private contractor, or commence
actual development if project is to be accomplished by the use
of City forces_ City shall complete project within one calendar
year from initiation of a contract or commencement of the
project.
4. City shall notify the State Bikeway Program Manager, 200
Transporta£ on Building, Salem, Oregon 97310, phone 378-3432,
prior to proceeding with development of project.
5. City shall, upon completion of project, submit to State's i
liaison person, an itemized statement of costs of the final fI
actual total cost of the bikeway project.
6. City shall, upon completion of project, thereafter maintain
and operate the bikeway at 4 t own cost and expense, and in a
manner satisfactory to State.
7. City shall enter into and execute this agreement during a
duly authorized session of its City Council.
MUTUAL OBLIGATIONS
1. Subject to the limitations of the Oregon Constitution and
statutes; City and State each shall be solely responsible for
any loss or injury caused to third parties arising from City's
or Stata's own acts or omissions under this agreement and City
or State shall defend, hold har..less and indemnify the other
party to this agreement with respect to any claim, litigation or
liability arising from City's or State's own acts or omissions
under this agreement.
2_ The Contractor, its subcontractors, if any, and all
employers working under this Agreement are subject employers
under the Oregon Workers' Compensation Law and shall comply with
ORS 656.017, which requires them to provide workers'
compensation coverage for all their subject workers.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written_
The Oregon Transportation Commission approved this project on
November 13,1990 as part of the FY 1992 Bikeway Program. At that
time the State Highway Engineer was authorized to execute this
agreement for and on behalf of the Commission.
f This format approved as to legal sufficiency on January 4, 1991
by the Assistant Attorney General.
BIKCF006 -3-
i
Contract No. 10537
City of Tigard
APPROVAL RECOMMENDED STATE OF OREGON, by and through
its Department of Transportation,
By � 1 Highway Division
BAeway Program Mgr.
Date //S 9� By State Highway Engineer
Date
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