Resolution No. 93-36 E
CITY OF TIG=RD, OREGON
RESOLUTION NO. 93- 'A
A. RESOLUTION AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN AN
AGREEMENT WITH THE STATE OF OREGON FOR INSTALLATION OF TRAFFIC SIGNAL
-® TMpi2(1`EMENTS AT THE TNTERSECTION OF 72ND AVENUE AND 99W.
WHEREAS, the City proposes to install a traffic signal and associated
improvements at the intersection of 72nd Avenue and 99W in accordance
with its adopted capital improvement budget for streets; and,
WHEREAS, 99W is a State highway under the jurisdiction of the Oregon
Department of Transportation; and, -
WHEREAS, an agreement has been prepared providing for the sharing of the
construction and maintenance responsibilities by the State and the City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Mayor and City Recorder are hereby authorized and
directed to sign, on behalf of the City, a cooperative
\_ improvement agreement between the State of Oregon and the
City of Tigard identifying their respective obligations
relative to the construction and maintenance of traffic
signal and intersection improvements on 72nd Avenue and
99W.
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PASSED: Thisday of , 1993.
Mayor - City o£ igard
ATT^
Recorder - City of igard
RESOLUTION NO. 93-:�
Page 1 —
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July 29, 1993 Misc. Contracts & Agreements
No. 11674
COOPERATIVE IMPROVEMENT AGREEMENT
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 tc as
"State"; CITY OF TIGARD, a municipal corporation of the State of
Oregon, acting by and through its City Officials, hereinafter
referred to as "City"; and FRED MEYER INC., who is authorized to
conduct business in the State of Oregon, acting by and through
its Board of officials, hereinafter referred to as "Company".
W I T N E S S E T H
RECITALS
1 . Pacific Highway West, State Route 99W, is a part of the
State highway system under the jurisdiction and control of the
Oregon Transportation Commission and S.W. 72nd Avenue is a part
of the City street system, under jurisdiction and control of the
!! City of Tigard.
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2. For the purpose of providing acceptable traffic circulation
patterns on public highways and streets, City plans and proposes
to extend S.W. 72nd Avenue north to intersect with 99W; to
x remove an existing signalized Fred Meyer entrance (east of the
proposped S.W. 72nd Avenue intersection); to provide a new Fred
Meyer entrance opposite S.W. 72nd including new signal
equipment; to widen 99W at the proposed intersection; and to
modify the State's frontage road (Villa Ridge Avenue) to be
strictly access for local businesses, all hereinafter referred
to as "Project". The location of the project is as
approximately shown on the sketch map attached hereto, marked
Exhibit A, and by this reference made a part hereof. The
project will be financed 100 percent with City funds at no cost
to State or Company_ _
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 types of
improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
4. By the authority granted in ORS 810.210, State is authorized
to determine the character or type of traffic control devices to
be used, and to place or erect them upon State Highways at
places where State deems it necessary for the safe and
expeditious control of traffic. No traffic control devices
131193002
M. C. & A. No. 11674
CITY OF TIGARD
FRED MEYER, INC.
shall be erected or maintained upon any State Highway by any
authority other than State, except with its written approval.
Traffic signal work on oroiect shat_I-n—rfrn_tc, thF_current
State standards and specifications.
5. State and Company entered into Agreement No. 3333 on April
25, 1967 concerning the installation of the existing traffic
signal (to be removed with this project). Any further reference
to said agreement concerning maintenance and power
responsibilities shall be superceded by this agreement upon
completion of Project.
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
t 1. State hereby grants City the right to enter onto and occupy
State right-of-way for the performance of necessary roadway
construction and installation of the traffic signal equipment.
2. The State's Traffic Engineer shall review and approve all
traffic plans and specifications prior to advertisement for
construction bids.
3. The State's Region Manager shall, at project cost, assign a
Project Manager to review and approve the project plans and
specifications; layout and paint the necessary lane lines for
the Project prior to signal turn-on; and provide material
testing and technical inspection to insure State standards are
met.
4. The State's assigned Project Manager shall, at project cost,
monitor roadwork performed by the City, or its contractors,
within the boundaries of Pacific Highway West, and assign a
Certified Signal Inspector to monitor the traffic signal work.
S. The State's District Manager shall, at project cost, issue
the required permits and review and approve the Project plans
and specifications.
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6. The State's Traffic Signal Services Manager shall, at
project cost, perform the signal equipment environmental- i
testing, field testing, and turn-on in accordance with the
current State procedures.
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M. C. & A. No. 11674
CITY OF TIGARD
FRED MEYER, INC.
7. State shall compile accurate cost accounting records. City
may request a statement of costs to date at anytime by
submitting a written request. When the actual total cost of
services provided by State have been computed, State shall
furnish City with an itemized statement of said final costs.
S. State shall, upon completion of the project, perform all
required signal maintenance associated with the project signal
and the interconnect system at its own expense. State shall
retain complete jurisdiction and control of the timing
established for operation of the traffic signal.
9. The State's Region Manager or designee (Oregon Registered
Professional Traffic Engineer) shall review and approve signal
timing plans prior to signal turn-on.
10. State shall maintain the pavement surrounding the vehicle
detector loops installed on State highway in such a manner as to
provide adequated protection for said detectorloops, and shall
adequately maintain the pavement markings and signing installed
on State right-of-way as part of the project.
CITY OBLIGATIONS
1. City, or its consultant, shall conduct the necessary field
surveys, environmental studies, traffic investigations; arrange
for relocation or reconstruction of any conflicting utility
facilities; identify and obtain all required permits; and
perform all preliminary engineering and design work required to
produce plans, specifications, and cost estimates.
2. City shall, upon State's review and approval of final plans,
prepare the contract and bidding documents; advertise for
construction bid proposals; award all contracts; pay all
contractor costs; furnish all construction engineering, field
testing of materials and technical inspection (except as
provided for in STATE OBLIGATIONS paragraph No. 2), and project
manager services.
3. City shall, upon receipt or a fully executed copy of this
agreement, forward to State's District 2A office (P.O. Box
25412, Portland, OR 97225) an advance deposit in the amount of
$10,000.00. Said amount being equal to the estimated total cost-
of
osto£ State provided review of plans and specifications; technical
inspection, and signal testing and turn-on for the Project.
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M. C. & A. No. 11674
CITY OF TIGARD
FRED MEYER, INC.
4. Upon completion of the project and receipt from State of an
itemized statement of the actual total cost of the State's
services, City shall pay any amount which, when added to City's
advance deposit, will equal 100 percent of the State's actual
total costs of the project. Any portion of said advance
deposits which is in excess of the total actua
refunded or released to City. l cost will be
5. City shall, upon completion of the project, provide power
for the project signal at its own expense, and will h-111 Company
for 50 percent of all related power costs.
6. City shall adequately maintain the pavement surrounding
the vehicle detector loops as well as all
signing installed on City right-of-way i„ pavement markings and
plans and specifications accordance with the
7. This agreement is conditioned upon
obtaining a permit to City applying for and
Highway "Occupy or Perform Operations upon a State
City agrees
permit. to comply with all provisions of said
8- City shall authorize execution of this agreement during a
regularly convened session of its City Council.
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COMPANY OBLIGATIONS
1. Company hereby grants City and State the right to enter onto
and Company property for construction purposes and for installation
r
detector
enanceloops. of traffic signal equipment including vehicle
defector loops.
2. Company shall obtain the necessary Access Permit from
State's District 2A office (P.O. Box 25412, Portland, OR.
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97225) . Company shall comply with all provisions of aid permit.
3. Company shall adequately maintain the pavement surrounding
the vehicle detector loops as well as all pavement markings and
signing installed on Company property in accordance with the
plans and specifications.
4. Company shall annually reimburse City for its share (50
percent) of all power costs associated with the project signal.
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M. C. & A. No. 11674
CITY OF TIGARD
FRED MEYER, INC.
GENERAL PROVISIONS
1. State, City, and Company agree and understand that a mutual
review of the project plans and specifications will be conducted
prior to advertisement for construction bid proposals, and that
State's prior written approval is necessary before such
advertisement.
2. The contractor, its subcontractor, 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and affixed their seals as of the day and year hereinafter
written.
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M,..
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J M. C. & A. No. 11674
CITY OF TIGARD
FRED MEYER, INC.
The Oregon Transportation
delegation order, Commission, by a duly adopted
this , authorized the State Highway Engineer to sign
agreement for and on behalf of the Commis-nion. Said
authority has further been delegated to the Traffic Engineer
rGluant to Subdelegation Order HWY-4, paragraph 3.
APPRO ECO %EDSTATE OF OREGON, b
y and through
By
its Department of Transportation,
Region Manager H'gnway Division
By
State Traffic Engineer
Date
APPROVED AS TO CITY OF
LEGAL SUFFICIENCY D, by and
/ thro is eeted O£ficils
l_ By
Asst. Attorney General B -
Mr -----
APPROVED AS TO FORM By ( 6`1l
Byy Recorder
t City Attorney Date �/ lyl�j
I
FRED MEYER, INC., By and
i
through its Board of Officials
By
Title
CITY OF TIGARD Date
BILLING ADDRESS:
I City of Tigard
P.O. Box 23397
r Tigard, OR 97223
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