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Resolution No. 95-30 CITY OF TIGARD, OREGON RESOLUTION NO. 95-_30_ A RESOLUTION AUTHORIZING TELE MtiYOR AND CITY RECORDER TO SIGN A COOPERATIVE IMPROVEMENT AGREEMENT FOR DESIGN OF IMPROVEMENTS TO GREENBURG ROAD AT HIGHWAY 217. WHEREAS, County fundincj is available for improvements to Greenburg Road at the crossing of Highway 217; and, WHEREAS, County proposes that design of thtc improvements be performed by the Oregon Department of Transportation (ODOT) ; and, WHEREAS, a Cooperative Improvement Agreement is required in order for ODOT to proceed with the design work; and, WHEREAS, the City Council finds that the proposed project will be a benefit to the motoring public. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Mayor and City Recorder are hereby authorized to sign, on behalf of the Citv of Tigard, the CRoperative Improvement Agreement att ched hereto as Ex h' it "A". PASSED: This 7�h t_ day of 1995. Mayor",57ntj of TIgard ATTEST: tAo City Recorder - City of TVjard rw/green.rds RESOLUTIGA NO. 95-3c) Page 1 Misc.Contacts and Agreements g3MZ]33T "A" No. 13489 COOPERATIVE IMPROVEMENT AGREEMENT PRELLN41NARY ENGINEERING THIS AGREEMENT is made and enteied into by and between THE STATE OF OREGON, acting by and through its Department of Transportation,hereinafter referred to as"ODOT";WASHINGTON COUrNr-1,a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; and the CITY OF TIGARD, also a municipal corporation of the Sute of Oregon,acting by and through its Elected Officials,thereinafter referred to as"CITE'". WITNESSETH RECITAL S- 9. The Beaverton-Tigard Highway(Oregon 217).is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission. SW Greenburg Road north of SSW Oak Street is a COUNTY road under jurisdiction and control of V ftshiR --n PCcuf 4. �A Cal C u a crew, e'_�- I.... ..y. �&, Svv Ghauy Lane, and SW Greenburg Road south of Beaverton Tigard Hwy.are City of Tigard facilitses. 2. By the authority granted in ORS 355.770, and 366.775, ODOT may enter into cooperative agreements with the counties and cities for the performance of Mork 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 and for the purpose of providing acceptable traffic patterns on public highways, COUNTY and CITY have requested ODOT to w uer� Or enbu,gg Road where it crosses Beaverton - Tigard Hwy. to two through lanes in each direction plus other associated irnpravemernfs necessary for the smooth flaw of traffic, hereinafter referred to as `PROJECT". The location of the PROJECT is approximately as shown on the map attached hereto, marked "Exhibit A7. and by this rederence made a part hereof. This agreement covers only the preliminary engineering and design portion of the project. 4. The PROJECT preliminary engineering and design will be financed with a maximum of $215,000 in MSTIP (Major Street Transportation Improvement Program) funds provided by COUNTY and at no cast to ODOT or CITY. 5. By the authority granted in ORS 355.425,ODOT may accept deposits of money,or an irrevocable letter of credit, from any county, city, person,firm oe corporation for L °s3.C. A:.1`e10. 13466) WASHINGTON COUNTY CITY OF TIGARD the performance of words on any public highway within ODOT. When said money or a letter of credit is deposited, ODOT shalE proesed with the PROJECT. Money so deposited shall be disbursed icor the purpose for which it was deposited. S. By the authority granted in ORS 010.210, ODOT is authorized to determine the character or type of trarM.c central devices to be used, and to place or erect them upon State highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected,maintained, or operated upon any State highway by any authority other Yuan ODOT,excel°with its written approval. NOW, Th.—REFORE, the premises being in general as stated in the foregoing RECITALS,it is agreed by and between the partes hePeto as fol!ows: ODOT OBLIGATIONS 1. ODOT shall,at PROJECT expense,conduct thhe necessary field st,rve--and±aft investigations;and perform all preliminary engineering and design work required to produce plans,specificatiuns and estimates. 2. ODOT shall, upon execution of this agreement, request COUNTY to forward an _ advance deposit far the Anil estimated cost($215,000)to design this PROJECT. 3. ODOT shall compile accurate cost accounting records and furnish COUNTY with monthly itemized statements of said preliminary engineering and design casts. 4. ODOT shall, upon execution of this agreement, provide a schedule for prelimirarf engineering and design work. The schedule wiii be reviewed and approve„ by County am C TY prior to commencing work on the PROJECT. The $2153000 oast for PROJECT preliminary Engineering and design work is fixed. Any changes to the sche:.t .a or cost estimator identified by any party to this agreement must be reviewed and approved by the other parties to this agreement. A new schedule and cost es'mate, as needed, wili be provide. by Out�i. A supplement to this agreement vAll be required for any PROJECT cast incr-ase above$215,000. 2 M1 .C.&A.NO. 13489 WASHINGTON COeis'r i F CITY OF TIGARD COUNMY OBLIGA NS I. The COUNTY hereby grants ODOT the exclusive right to enter onto and occupy COU vi't right-of=way for the performance of the preliminary engineuring and surveying,associated with the PROJECT. 2. The COUNTY shall, upon execution of this agreement and notification frim ODOT, forward to ODOT a maximum of$215,000 for the estimated costs of prelirminary engineering and design of the PROJECT. Additional advance deposit requests will not be made without a supplement to this agreement. - 3. Gourriry shall identify and obtain all project required permits at its own expense. 4. The COUNTY shall authorize execution of this agreement during a regularly or specially convened session of its Board of Commissioners. CITY OBLIGATIONS 1. CITY hereby grants ODOT the exdusive right to enter onto and occupy its city right- of-may ightoff-may for the performance of the preliminary engineering and surveying associated with the PROJECT. 2. CITY shall authorize execution of this agreement during a regularly or specially convened public session of its City Council. GENERAL PROVISIONS 1. ODOT standards shall be used when designing and constructing any portion of the PROJECT within ODOT riaert-of-way. 2. The contractor, its subcontractors, if any, and all empiovers working under this Agreement are subject employers under- the Oregon Worker's Compensation Law and shall comply with ORS 636.017, which requires them to provide, workers' compensation coverage for all their subject workers. IM WITNESS WHEREOF,the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. 3 M.C.3,A.NO.13483 CITY OF TIGARD The Oregon Transportation Commission by Delegation Order Na 35C paragraph 66, authortzed the State Highway Engineer to approve and sign this agreement for and on G:.a::of le Ccrnmission. Said iauthority is set forth in the Minutes of the Oregon Transpoft-tion Commission. STATE OF OREGON, by and through its Department of Transportation APPROVAL RECOMMENDED: BY- By: P--.Inn Manager State i-'sigi.way Engineer BY: Date: State Traffic Engineer WASHINGTI ON COUNTY, by and APPROVED AS TO through its Board- of County LEGAL SUFFICIENCY Commissioners- Bar By: Asst.Attorney General Chairman Date: Date: AP'P'ROVED AS TO CITY OF ARD, by and r � h its LEGAL SUFFICIENCY Elected f Is % f /dX ry esy i w County Counsel or By BY City Counsel ac::rd�r Date �����8� 4