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Resolution No. 93-17 CITY OF TIGARD, OREGON RESOLUTION NO. 93- A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR BIKEWAY IMPROVEMENTS ON 121ST AVENUE. WHEREAS, State funds are available to pay a portion of the costs of constructing bikeway improvement along 121st Avenue between Scholls Ferry Road and Walnut Street. wuERFn_S. 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, T11...REFORE, BE IT P.ESOLVED 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 121st Avenue from Scholls Ferry Road to Walnut Street. PASSED: This bVl d y f1993. ayor -ity of Tigard ATTEST: -t`�"-ey� Cts City Recorder - City of Ti and g./r-121-bik RESOLUTION NO. 93-__L- Page 3- L-Page 1 i® r a APPROVED OSHD Staff DATE: February 3, 1993 Misc. Contracts & Agreements No. 11,627 EIKEWAY PROJECT AGREEMENT i 3 1 THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and CITY OF TIGARD, acting by and through its Elected Officials, hereinafter referred to as "City. " WITNESSETH i i RECITALS 1. By the authority granted in ORS 366.514, 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 costs on terms and conditions mutually agreeable to the contracting parties. 3. Under such authority, State and City plan and propose to 7 construct the Scholls Ferry Road to Walnut St. Section of the 121st Ave. Bikeway, 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. 4. City has determined that the actual cost o£ the bikeway project is estimated to be $65,000_ This cost shall be shared by State and City; with State to provide up to an amount not to exceed $50,000, or 80 percent of the total project cost, whichever is lesser. The remaining project cost is to be provided by City. i BCH93008 Ulm Contract No. 11,627 City of Tigard 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's Bicycle/Pedestrian Program Manager shall review and concur in the pians prepared by City before construction begins, and shall process all billings submitted by City. 2. Upon receipt of notification that the City is prepared to proceed with the work, State shall deposit with City the sum of $25,000, such amount being equal to 50 percent of the agreed maximum State share of project costs. Said deposit shall not be made prior to July 1, 199-. Upon completion of project, inspection by the Bikeway Program staff, 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 $25,000, 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 $50,000. CTIY OBLIGATIONS 1. City or its consultant shall conduct the necessary field surveys, 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 shall elect. 2. City shall submit a copy of the plans and specifications to State's Bicycle/Pedestrian Program Manager, for State review and concurrence prior to construction. The bikeway design, signing, and marking shall be in conformance with the 1992 Oregon Bicycle Plan_ 3. City shall by October 1, 1993, enter into a contract for development of project with a private contractor or commence actiaal 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. Should City fail to commence work on the project by February 1, 1994, City shall lose State funding match. BCH930O8 -2- IOhm jam 0 Contract No. 11,627 t, City of Tigard 6. City shall, upon completion of project, submit to State Bicycle/Pedestrian Program an itemized statement of the final actual total cost of the bikeway project. 7. City shall, upon completion of project, thereafter maintain and operate the bikeway at i ..-'its own cosand expense, and in a manner satisfactory to State. I B. City shall enter into and execute this agreement during a f duly authorized session of its City Council. I MUTUAL OBLIGATIONS 1. The Contractor, its subcontractors, if any, and all employers working cinder 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 17, 1992, as part of the Fiscal Year 1994 Bikeway Program. At that time the State Highway Engineer was authorized to execute this agreement for and cn behalf of the Commission. This format approved as to legal sufficiency on January 26, 1993 by the Assistant Attorney General- APPROVAL eneral_APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation, By Highway Division Bikeway Program Mgr. By Date State Highway Engineer Date CITT�'OF TIGyZD, by Jathroqhr its Elec d Officials Date Date - Date BCH93008 -3—