ODOT - Tigard Interchange Beef Bend Road -Department of Transportation
s0ROBERT W. STRAUB - R
GOVERNOR TRANSPORTATION 'BOILDING, SALEM, OREGON 97310
March"10', 19.78 MgR1� 19
.
18
Citof Tigard OF
yT/ R
City Hall
Tigard, OR 97223
Attention: Doris Hartig
Cty' Recorder1=
Gentlemen:
Attached for_y.our=r.ecords.-_is_a_fully_,executed copy___,_
,.of_an__agreement_ford improvement :of' the S,.W... Beef Bend Road- j
�,N. 'Tigard Interchange -Section of 'the Pac.if'ic_Highway West
i.n'JTigard
We have retained a fully executed copy of this
agreement for the Transportation Commission's files.
Very truly yours,
C. -W. Head
COMMISSION SERVICES
dda
Attachment
GEZ:1ml
12-13-77
Misc. Contracts & Agreements
No. 6396
PRELIMINARY ENGINEERING AGREEMENT
INTERSTATE TRANSFER PROJECT
THIS AGREEMENT, made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, Highway Division,
hereinafter called "State"; and the CITY OF TIGARD, a municipal corporation
of the State of Oregon, by and through its City Officials, hereinafter called
110 tyll.
WITNESSETH
RECITALS
1 . The Pacific Highway West, State' Primary Highway No. 1W, is a
state highway Under the jurisdiction and control of the Oregon Transportation
Commission.
2. By the authority granted in ORS 366.775, State and City may enter
into agreements for the construction, reconstruction, improvement, or repair of
any street, highway or road upon such terms and conditions as are mutually agree-
able. Under said authority, State and City propose and. plan to undertake that
certain project known as S.W . Beef Bend Road - N. Tigard Interchange (Tigard)
Section, Pacific Highway West, hereinafter called _"project". The location and
limits of said project are approximately as shown on the attached print marked
"Exhibit A", and by this reference made a part hereof. Said project shall be
financed from interstate transfer funds withdrawn from the Mt. Hood Freeway.
3. It is proposed that the ultimate project will consist of improving
signalization, revising left-turn movements, constructing transit stops, revising
intersections, and any other work identified in the preliminary engineering phase
which will facilitate the movement of traffic. This agreement covers only the
preliminary engineering which will include field surveys, environmental state-
ments, and final design elements
NOW, THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the parties hereto .as follows:
THINGS TO BE DONE BY STATE
1 . State shall submit a program. to the Federal Highway Administration
for approval of preliminary engineering for the project. Said program. shall in-
clude services of both State and City. State shall notify City in writing when
authorized to proceed.
a
2. State shall perform all preliminary engineering,
- including but not
limited to, conducting the, field .survey, preparing and processing all environmen-
tal impact statements, determining right-of=way requirements, preparing all plans
and specifications, and preparing the project for contract bids, EXCEPT as noted
in paragraph 1. under THINGS TO BE DONE BY CITY.
3. State shall , upon receipt of an itemized, statement of such costs,
reimburse City for 86 percent of their actual participating costs incurred in
behalf of the project.
4. State shall , in the first instance, pay all costs of the project,
collect federal aid funds from the Federal Highway Administration in the usual
manner, and furnish City with an itemized statement of the actual total cost
of the project as soon as the same is available.
THINGS TO BE DONE BY CITY
1 . City shall , as a function of preliminary engineering, conduct any
required public hearings in conformance to federal statutes, regulations and the
Oregon Action Plan. a;
2. City shall not undertake any work prior to receiving written author-
ization from State. All work and records of such work shall be in conformance to
federal statutes, regulations and the Oregon Action Plan.
3. City shall submit to State billings of eligible reimbursable ex-
penses incurred by City, for periods of not less than two months' duration based
on actual expenses to date.
4. City shall , prior to the commencement of any preliminary engineering,
deposit with State a sum of money equal to the difference between the estimated
total cost of preliminary engineering performed by State, and the amount anticipated
to be contributed by the Federal Government. In addition, City's deposit shall in-
clude any anticipated costs that will not be subject to federal aid participation.
When the actual total cost figures of the project are available, an adjustment will
be made in City's share of the cost.
5. City shall review and approve project plans prior to State preparing
the project for contract bids.
6. City agrees that should it cancel or terminate the project prior to ,
its completion, it will reimburse State for any costs that have been incurred by
State in behalf of the project.
7. City shall pass an ordinance or resolution, as the case may be.,
authorizing the Mayor and Recorder to enter into this agreement, and the same
shall be made a part hereof and be attached hereto.
GENERAL PROVISIONS
1 . The parties hereto mutually agree and understand that City shall
contribute 100 percent of the difference between the actual totalocost of pre-
liminary engineering and the amount contributed by the Federal Government.
-2--
2. The parties hereto agree and understand that they will comply with
all applicable federal and state statutes and regulations, ,including but not
.limited to: Title 6, U.S.C. , Civil Rights Act; Title 18, U.S.C., Anti-Kickback
Act; and Title 23, U.S".C. , Federal Aid Highway Act.
3. Provisions of state and federal law applicable to public contracts
and agreements' of this type are hereby incorporated by reference as if fully set
forth herein.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed by their respective officials and have caused their respective seals to be
affixed hereto as of the day and year hereinafter written.
This project was approved by the Oregon Transportation Commission on
December 15, 1977, at which time the State Highway Engineer was authorized and
directed to sign said agreement for and on behalf of the Commission. Said author-
ity is set forth in Volume. 5 , Page. — Minute Book of
the Oregon Transportation Commission.
APPROVED STATE OF OREGON, by and through
its Department of Transportation,
Highway Division
Tec n ca Sery ces Engineer
State Hig way Engineer
Date 7 Z�
RECOMM DED FOR APPROVAL
CITY OF . tiGARD . by and through
its City Officials
Region Engineer
00,
By .
May
By
i. y cor er
-3-
CITY OF TIGARD, OREGON
RESOLUTION No. 78- 12
A RESOLUTION AUTHORIZING THE MAYOR AND RECORDER TO SIGN ENGINEERING AGREEMENT
FOR S.W. PACIFIC HIGHWAY PRELIMINARY ENGINEERING.
The Council hereby authorized the Mayor and City Recorder to execute on behalf
of the City of Tigard the Preliminary Engineering Agreement (Interstate
Transfer Project) which has been submitted to the City in connection with
the proposed work on S.W. Pacific Highway.
PASSED: This 13 day of February , 1978.
May or
ATTEST:
Recorder
RESOLUTION No. 78-12
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i1. RE OL( TION No. 78-10 A RESOLUTION CONCERNING VACATION OF A PORTION OF GRAHAM
ACRES, A PLAT OF RECORD LYING WITHIN THE CITY OF TIGARDd
WASH`.NGTON COUNTY:, OREt-ON.
10 Mctjon by- Councilman Cooky seconded by Councilman Wakem to set a public
hearing for March 27, 1978.
F1 .7.. PROPO,S1ED AGREEMENT FOR PRELIMINARY ENGINEERING ON S.W. PACIFIC HIGHWAY.
it.y Admi nist:rnfor ecommended that. the Mayor and City Recorder by
uthorizeal t.o 6ign this agreement .
otal host. estimate for engineering - $80,000,00. T'igard' s estimated
bare "a-. 11 he $11_ ,31:0.00,
o i.^;n by Coun iia n Cook; seconded by Councilman Wakem to authorize
=igntng of agreement. 1_oc preliminary engineering of S.W. Pacific
Highway with, Oregon Spate Department of Transportation.
Approved ty unani:2ous vote of Council present,
W RESOI._U'TION No 78-12 A RESOLUTION AUTHORIZING THE MAYOR AND RECORDER
TO SIGN ENGINEERING AGREEMENT FOR S.W. PACIFIC
HWY PRELIMINARY ENGINEERING.
Motion by Cournilwan `rocky seconded by Councilman Wakem to approve.
Ap co,, ed by 4 O °wote,, with Councilman Scheckla abstained.
is. AF FRO`E 1978. 79 I .0 -,D.C., GRANT APPLICATION,
0 Exl.tarat.i.or, and recom,me.=daLi_on .for approval presented by Planning D.i.recror
D c:k Bolen. City is unable to greet. the :Tune 30, 1978 deadline, and is
requesting approval of an 8-month extension with funding of $22,586.00.
(t) Motion by Councilman Cooke seconded by Councilman Wakem to authorize
Mayor. Bishop to sign gram: application to L.C.D.C.
Approved by unanimous vote of Council present.
14. ,[ PPLEMENTAL BUDGET PROPOSAL for the City of Tigard for the fiscal year 1.97778,
( Publi.,chearing at 8 P.M,,
( ) Public `testimony.
None
(c ) Putl.ic hearing closed.
?..1 City Administ:.ra!or recommended approval of budget as approved by the
Budget. Corn;r:it.tee.
PACE 3 COUNCIL MINUTES - .February 1.3, 1978
No. 29214
COOPERATIVE IMPROVEMENT AGREEMENT
OR 99W: SW Fischer Road to SW Durham Road
MP11.00toMP12.10
Illumination and Maintenance
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 the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred
to as "Agency," both herein referred to individually or collectively as "Party" or "Parties."
RECITALS
1 . Pacific Highway West (OR 99W), is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission (OTC). SW
Durham Road is a part of the city street system under the jurisdiction and control of
city.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities and units
of local governments 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. State, by ORS 366.220, is vested with complete jurisdiction and control over the
roadways of other jurisdictions taken for state highway purposes.
4. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb,
or, if there is no regular established curb, then control extends over such portion of
the right of way as may be utilized by State for highway purposes. Responsibility for
and jurisdiction over all other portions of city street remains with the Agency.
5. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
6. 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 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 than State, except with its
written approval. Traffic signal work on this Project will conform to the current State
standards and specifications.
7. By Agreement Number 6396, executed July 13, 1981, State and Agency agreed that
Agency would accept all responsibility for, and pay all costs of, electrical energy
consumed in operation of the traffic signals on the Pacific Highway West (OR 99W)
at SW Durham Road. State and Agency mutually agree and understand that the
Agreement No. 29214
agreement of July 13, 1981 shall remain in full force and effect, except as expressly
modified by this agreement.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and Agency agree that as part of a larger project
constructed by State, State will be replacing the existing signal pole in the NE corner
of the Durham Road intersection with a combo signal/luminaire pole, hereinafter
referred to as "Project." The Project includes replacement of the signal pole with
luminaire, reconstruction of the sidewalk surrounding the replaced signal pole. 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.
2. The total project cost for the signal pole and sidewalk is estimated at $70,000. The
Project shall be financed by State with funds available to State.
3. This Agreement shall become effective on the date all required signatures are
obtained and shall remain in effect for the purpose of ongoing maintenance
responsibilities for the useful life of the facilities constructed as part of the Project.
The useful life is defined as twenty (20) calendar years. The Project shall be
completed within ten (10) calendar years following the date of final execution of this
Agreement by both Parties.
AGENCY OBLIGATIONS
1 . Agency grants State the right to enter onto city right of way for the performance of
duties as set forth in this Agreement.
2. Agency, by execution of Agreement, gives its consent as required by ORS
373.050(1) to any and all closure of streets that intersect the state highway, if any
there be in connection with or arising out of the Project covered by the Agreement
3. Agency shall, as provided in Agreement No. 6396, be responsible for one hundred
(100%) percent of electrical power for the traffic signal and will additionally, under
this Agreement, be responsible for the power for the luminaire installed on the
Project signal pole. Agency shall ensure that the power company sends the
electrical bills directly to Agency.
4. Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
5. Agency's Project Manager for this Project is Mike McCarthy P.E., Sr. Project
Engineer, 13125 SW Hall Blvd., Tigard, OR 97223, (503) 718-2462, mikem@tigard-
Agreement No. 29214
or.gov, or assigned designee upon individual's absence. Agency shall notify the
other Party in writing of any contact information changes during the term of this
Agreement.
STATE OBLIGATIONS
1 . State certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
State's current appropriation or limitation of the current biennial budget.
2. State shall at its own expense and as provided in Agreement No. 6396, continue to
perform all necessary maintenance of Project traffic signal and continue to control
the timing established for operation of the traffic signal. State shall also, at its own
expense, be responsible for all maintenance of the associated Project luminaire.
3. State shall, upon completion of the Project, perform all necessary maintenance to
that portion of reconstructed sidewalk in the vicinity of the replaced signal pole.
4. State, or its consultant, shall conduct the necessary field surveys, environmental
studies, traffic investigations, preliminary engineering and design work required to
produce and provide final plans, specifications and cost estimates for the highway
Project, identify and obtain all required permits; perform all construction engineering,
including all required materials testing and quality documentation; prepare all bid
and contract documents; advertise for construction bid proposals; award all
contracts; pay all contractor costs, provide technical inspection, project management
services and other necessary functions for sole administration of the construction
contract entered into for this Project.
5. State shall be responsible for all costs associated with construction and installation
of the Project.
6. State shall 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 relocation or reconstruction is made necessary by the plans
of the Project in order to conform the utilities and other facilities with the plans and
the ultimate requirements for the portions of the Project which are on Agency's right
of way.
7. State's Project Manager for this Project is Lindsay Higa, Project Leader, ODOT —
Region 1, 123 NW Flanders Street, Portland, OR 97209, (503) 731-4996,
lindsay.higa@odot.state.or.us, or assigned designee upon individual's absence.
State shall notify the other Party in writing of any contact information changes during
the term of this Agreement.
GENERAL PROVISIONS
1 . This Agreement may be terminated by either party upon thirty (30) days' notice, in
writing and delivered by certified mail or in person.
Agreement No. 29214
2. State may terminate this Agreement effective upon delivery of written notice to
Agency, or at such later date as may be established by State, under any of the
following conditions:
a. If Agency fails to provide services called for by this Agreement within the
time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited from paying for such work from the
planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination.
4. If any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or
Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
5. With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
Agreement No. 29214
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
6. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
8. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each
copy of this Agreement so executed shall constitute an original.
9. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
Party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
Agency/State
Agreement No.29214
This Project Is in the 2012-2015 Statewide Transportation Improvement Program, Key
#17701 that was adopted by the Oregon Transportation Commission on March 21,2012
(or subsequently approved by amendment to the STIP).
CITY OF TIGARD, by and through its elected STATE OF OREGON,by and through
officials its Department of Transportation
By By
Mayor Region 1 qanager
Date W " o (I Date
13y Zltd APPROVAL RECOMMENDED
Recorder-
By
ecorder
8
Date ; Region 1 Traffic
APPR VED AS TO E"1L SUFFICIENCY Date
B By
cy nsel ` District 2B Manager
Date .1J 11`I 1 1' r Date
Agency Contact:
Mike McCarthy P.E., Sr. Traffic Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
(503)718-2462
mikem@tigard-or.gov
State Contact:
Lindsay Higa, Project Leader
ODOT-Region 1
123 NW Flanders Street
Portland, OR 97209
503-731-4996
lindsay.hlga@odot state.or,us
6
Agency/State
Agreement No. 29214
This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key
#17701 that was adopted by the Oregon Transportation Commission on March 21, 2012
(or subsequently approved by amendment to the STIP).
CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through
officials its Department of Transportation
Y By
Mayor Region 1 Manager
Date Date `�' 16 l�
By APPROVAL RECO M DED
Recorder -
By -
Date Reglan 1 Traffic
APPROVED AS TO LEGAL SUFFICIENCY Date V-11)LI
By By4kE2)—
Agency
A Counsel District 2B an ger
Date Date 3
Aaency Contact:
Mike McCarthy P.E., Sr. Traffic Engineer
City of Tigard
13125 SW Hall Blvd,
Tigard, OR 97223
(503) 718-2462
mikem@tigard-or.gov
State Contact:
Lindsay Higa, Project Leader
ODOT – Region 1
123 NW Flanders Street
Portland, OR 97209
503-731-4996
lindsay.higa@odot.state.or,us
6
Hgency/otate
Agreement No. 29214
EXHIBIT A— Project Location Map
STIP PROJECT LOCATION
ODOT REGION 1
C9 PARK
ST
9 1
w 1
< a OMARA ST
c EDGEWOOD 1
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1
MCDONALD STUJ L
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MURDOCK ST
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ST 4 BATTLER ST
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LEGEND
- PROJECT LOCATION OR99W: SW FISCHER ROAD
STAFF H13HiNkf CL+MFC.ATION KEY NO. 17701
OYTO42TA-M
STATEWIDE
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— ---- COUNTY BOUNDARY m0 etbrma�+an wwps to aseasin Ole lrsabi:y CO119863t54-SEPTEIY®EQ�t t
ACT BOUIOAR Y d Nlotmaeal- GIS No 23-62
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7
Department of Transportation
VICTOR.ATIYEH TRANSPORTATION BUILDING, SALEM, OREGON 97310
July 29, 1981 �U
G
IN REPLY REFER TO
City of Tigard FILE NO.:
P.O. Box- 23397,
Tigard, OR 97223 AGR 4
Attention: Doris Hartig
City Recorder
Gentlemen:
Attached for your records is.-a fully executed copy
of a supplemental agreement defining maintenance and power
responsibilities for traffic signals on the North Tigard
Interchange-Beef Bend Road Section .of the Pacific Highway
West through your City.
We have retained a fully executed copy of this
agreement for the Transportation Commission's files.
Since ly,
Robert G rmsen
Comics SERVICES
fkn
Att.
731-0146
Department of Transportation .
HIGHWAY DIVISION
"'°T°p"T"'E" TRANSPORTATION BUILDING, SALEM, OREGON 9731.0
ewoogn
Approved: L. E. George
MCH,:pf
6/18/81 In Reply Refer to
File No.:.
Misc. Contracts &, Agreements
No. 6396
City of Tigard
P.O. Box 23397
Tigard, Oregon 97233
Gentlemen:
The Oregon State Highway Division (State) and the City of Tigard
(City) entered into a Construction-Finance Agreement, dated May 25,
1979, concerning traffic signal system improvements for the North
Tigard Interchange-Beef Bend Road Section of the Pacific Highway West
(Project).
State and City have now determined that the aforementioned agree-
ment, although remaining in full force and effect, should be supple-
mented by this agreement in the manner hereinafter set forth in order
to more clearly define City responsibilities related to electrical
energy required for operation of the traffic signal.s. Any further
reference to the agreement of May 25, 1979 shall include the following
stipulations.
City shall , upon completion of the project, accept all responsibility
for, and pay all costs of, electrical energy consumed in operation of the
traffic signals on the Pacific Highway West at the following locations
only:
S.W. 69th Avenue /
S.W. Pfaffle Street
S.W. Greenburg Road
S.W. Johnson Street
S.W. Walnut Street
S.W. Garrett Street
/ S.W. Park Street
S.W. McDonald Street
S.W. Bull Mountain Road -.,,.
S.W. Durham Road
State and City mutually agree and understand that the agreement of
May 25, 1979 shall remain in full force and effect and apply with like
force and effect, except as expressly modified by this agreement.
rm 7343122
City .of tigard
June 10, V81
Page 2
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written. City
has acted in this matter pursuant to A M o 4io
adopted by its City Council ,on the ij day of 1X81 .
This project was approved by the Oregon Transportation Commission
on April . 17, 1979, at whi.ch. time the State Highway Engineer was autho-
rized and directed to sign the necessary agreements for and on behalf
.of the Commission. Said auth y is set forth in the Minutes of the
Oregon s rtation Commi
AP OVA STATE OF OREGON, by and through
its Department of Transportation,
Highway 'visio
gion n er
ate Highway Engineer
Date
CITY OF TIGARD, by and through
its City Officials
By
Mayor
By
Ci y ecorde
- CITYOF TIF
WASHINGTON,COUNTY,OREGON
July 14, 1981
Jon Rose
State of .Oregon.
Department of Transportation
5821 N.E. Glisan
Portland, Oregon 97213
Re: . Power consumption for the signals on Highway 99W between
the N. Tigard Interchange and Beef Bend Road
Dear Mr. Rose:
Pursuant to action taken by Tigard City Council at their regular
meeting of July 13, 1981, the Mayor and City .Recorder were
authorized to sign the four enclosed documents.
Upon completion of signatures by the State of Oregon, Department of
Transportation Highway Division, please mail a completed copy for
our files.
If you have any questions in this matter please feel free to call
me at 639-4171.
Sincerely,
Doris Hartig
City Recorder
DH:lm
Enc.
cc: Mary Strickland
12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171
RECEIVED
JU
19$�)
X: Ioartne�tfTrans ® tatiD ®r
METROPOLITAN BRANCH CITY OF TIOpRO
VICTOR ATIVEM 5821 N.E. GLISAN, PORTLAND, OREGON 97213 -
eoveRROR
July 2, 1981
In Reply Rater to
File No.
FRANK CURRIE, Director of Public Works 34-1`968
City of Tigard 34-1039
P.O. Box 23397
Tigard, OR 97223
Subject: PROPOSED AGREEMENT
Project Name: N. Tigard-Beef Bend Rd. (Pacific Hwy. West)
Funding: Interstate Transfer
City: Tigard
Attached are three bound copies and one unbound information copy
of a proposed agreement covering power consumptinn for the signals
on Highway 99W between the N. Tigard Interchange and R'ppf Rpnd
Road.
Would you please review this with your staff and with other affected
City personnel and if it is satisfactory, arrange for an ordinance
or resolution authorizing execution by the proper City officials.
The bound, signed copies should be returned to me at this office
along with a copy of the authorizing document. You may retain the
information copy. Following final action by the Highway Division,
you will be -sent a fully executed copy for your records.
Remarks:
This supplements the earlier agreement for thel,Tigard TSM project.
If you have any questions, please call .
S�—
ROSE
Federal Aid Specialtst
JR/po
Attachments (4 copies, Agreement)
cc: Region 1
: . Ni,riVEu
JUN 2 2 4979
Department of Transportation IN REPLY REFER TO
CITY OF TIGARD
FILE:NO:
wcrovev" M TRANSPORTATION BUILDING, SALEM, OREGON 97310
June 20', . 1979 . L�
City of Tigard
City Hall
Tigard, OR 97141.
Attention: Doris Hartig
City Recorder
Gentlemen:
Attached for your records. is a ,fully executed copy of
an agreement to construct the North Tigard Interchange-
Beef Bend Road Section of the Pacific Highway.West in Tigard.
We have retained a fully executed copy of this
agreement for the Transportation Commission's files. -
Sincerely,
C. W. Head
COMMISSION SERVICES
dda
Attachment
FORM 731-0027
Approved: L. E. George
MCH:nf
4/23/79
Misc. Contracts & Agreements
No. 6396
CONSTRUCTION-FINANCE AGREEMENT
INTERSTATE TRANSFER 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,
a municipal corporation within the State of Oregon, acting by and through
its City Officials, hereinafter referred to as "City".
WITNESSETH
RECITALS
1 . The Pacific Highway West, State Primary Highway No. 1W, is a
state highway under the jurisdiction and control of the Oregon Trans-
portation Commission, and is routed through the City of Tigard.
2. By the authority granted in ORS 366.775, State and City may
enter into agreements for the construction, reconstruction, improvement,
or repair of any street, highway or road upon such terms and conditions
as are mutually agreeable. Under said authority, State and City plan
and propose to construct the North Tigard Interchange-Beef Bend Road
Section of the Pacific Highway West, hereinafter referred to as "project".
The location and limits of said project are approximately as shown on
the sketch attached hereto, marked Exhibit A, and by this reference made
a part hereof. Said project is to be financed with interstate transfer
funds withdrawn from the Mt. Hood Freeway.
3. It is proposed that the project will consist of all work necessary
to improve a 3.2 mile section of Pacific Highway West. The project will
provide intersection channelization and improvements, new traffic signals,
replacement of existing traffic signals at two intersections and inter-
connection and synchronization of all traffic signals within the project
limits. All engineering, right-of-way acquisition, eligible utility
relocations, and construction work are to be included in the total costs
and participation.
NOW, THEREFORE, the premises being in general as stated in the fore-
going RECITALS, it is agreed by and between the parties hereto as follows:
THINGS TO BE DONE BY STATE
1 . State shall submit a program to the Federal Highway Administration
for approval of right-of-way acquisition, utility relocations and con-
struction for the project. Said program shall include services of both
State and City. State shall notify City in writing when authorized to
proceed with each phase of the project.
2. State shall obtain the necessary right-of-way and easements, pre-
pare the contract documents, advertise for bids, award all contracts, and
furnish all construction engineering, material testing, inspection and
resident engineer services for construction of the project.
3. State shall relocate or cause to be relocated, all existing
privately-owned utility conduits, lines, poles, mains, pipes, and
other such facilities that are located on private property where such
relocation is necessary to conform said utilities or facilities to the
plans for the project.
4. State shall arrange conferences with City during construction of
the project to review the work in progress and assure conformance with
City's project request. As a minimum, a pre-construction conference shall
be arranged prior to proceeding with the contract work and at any time
alternates are to be considered. State shall submit final plans and
estimates for City review and approval prior to advertising for contract
bids.
5. State shall , upon completion of the project, perform all necessary
maintenance operations on the state highway portion of the project, and
shall , at State's sole expense, perform all maintenance required for
operation of the traffic signal equipment within the limits of the
project.
G. State shall , upon receipt of an itemized statement, reimburse
City for its actual participating costs incurred in behalf of the
project.
7. State shall , in the first instance, pay all costs of the project,
submit all claims for federal aid participation to the Federal Highway Admini-
stration in the normal manner, compile accurate cost accounting records and,
upon completion of the project, furnish City with an itemized statement of
the actual total cost of the project.
THINGS TO BE DONE BY CITY
1 . City shall , upon award of a contract, assign a liaison engineer
to assure that construction of the project is in conformance with City
requirements and standards. The liaison engineer shall act as the
coordinator between State and the various interested City Departments
during construction of the project.
2. City shall , prior to the commencement of any phase of work
covered by this agreement, deposit with State a sum of money equal to
100 percent of the difference between the estimated total cost of said
phase of work and the amount anticipated to be contributed by the Federal
Highway Administration. When the actual total cost of the project has
been computed, an adjustment in City's matching share of the cost will
be made.
-2-
3. City shall not undertake any phase of the project prior to re-
ceiving written authorization from State. All work and records of such
work shall be in conformance to Federal statutes, regulations and the
Oregon Action Plan.
4. City shall relocate, or cause to be relocated, all utility con-
duits, lines, poles, mains, pipes and such other facilities where such
relocation is necessary in order to conform said utility and other
facilities with the plans and ultimate requirements of the project. Only
those utility relocations which are eligible for federal participation
under Federal Aid Highway Program Manual , Volume 1 , Chapter 4, Section 4,
shall be included in the total project costs and participation; all
other utility relocations shall be at the sole cost of City or others.
5. City shall , five weeks prior to the bid opening, furnish State
with an estimate, based on the plans for the project, of the cost of
eligible reimbursable utility relocation work so the work can be properly
coordinated into the project and receive proper authorization.
6. City shall submit to State billings of eligible reimbursable
expenses incurred by City, for periods of not less than two months'
duration based on actual expenses to date.
7. Upon completion of the project, City shall not permit any en-
croachment upon the project right-of-way which will cause more than a
temporary obstruction to the free and convenient flow of traffic over
the project; and City shall not impose any regulations of traffic which
shall unduly hinder the flow of traffic upon the project by granting pre-
ference to traffic entering from other intersecting roads or streets.
8. City shall , upon completion of said project, control all parking
on this project. Any alterations in regard to traffic control measures
shall have concurrence of State.
9. City shall , upon completion of the project, accept all respon-
sibility for, and pay all costs of, electrical energy consumed in
operation of the traffic signal equipment. City shall make no changes
in the timing program established for the signal system without prior
written concurrence of State.
10. City agrees that should it cancel or terminate the project prior
to its completion, it will reimburse State for any costs that have been
incurred by State in behalf of the project.
11 . City shall adopt a resolution authorizing its City Officials to
enter into this agreement and the same shall become a part hereof and
attached hereto.
GENERAL PROVISIONS
1 . The parties hereto mutually agree and understand that City shall
contribute 100 percent of the difference between the actual total cost
of the project and the amount contributed by the Federal Government.
-3-
2. The parties hereto agree and understand that they will comply
with all applicable Federal and State statutes and regulations, including
but not limited to: Title 6, U.S.C. , Civil Rights Act; Title 18, U.S.C. ,
Anti-Kickback Act; Title 23, U.S.C. , Federal Aid Highway Act; Titles 2
and 3 of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970; and the Oregon Action Plan.
3. Provisions of state and federal law applicable to public contracts
and agreements of this type are hereby incorporated by reference as if
fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written. City has acted in
this matter pursuant to Resolution No. 7 g -5—JIP adopted by its City
Council on the day of _A{Q,, , 1979.
This project was approved by the Oregon Transportation Commission on
April 17, 1979, at which time the State Highway Engineer was authorized and
directed to sign the necessary agreements for and on behalf of the Commission.
Said authority is set forth in the Minutes of the Oregon Transportation
Commission.
APPROVED STATE OF OREGON, by and through
its De artment of Transportation,
ZI_ Highw y Division
Asst. State Highway Engineer �.
Statf Highway Engineer
Date
CITY OF TIGARD, by and through it
City Of ici is
By
Jagion
V R C FENDED a orBy
ngineer City Recorder
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CITY OF TIGARD, OREGON
RESOLUTION No. 79- .4�
•
A RESOLUTION AUTHORIZING EXECUTION OF THE CO_:STRUCTION -FINANCE AGREEMENT FOR
IMPROVEiiENTS OF PACIFIC HIGHWAY.
WHEREAS, the City of Tigard has participated in the planning and
preparation of proposed improvements to Pacific Highway West within
the City of Tigard; and
WHEREAS, the City and the Department of Transportation of the State
of Oregon have, following this planning and preparation, proposed the
construction of the North Tigard Interchange - Beef Bend Road Section .of .
Pacific Highway West; and
WHEREAS, the City Council has reviewed the proposed .construction-
finance agreement between the Department of Transportation and the City,
and approves its terms.
NOW, THEREFORE, the City Council hereby resolved that the Mayor and
the City Recorder are authorized to sign the construction-finance agreement
on behalf of the City. A copy of the construction-finance agreement is
attached to this resolution as Exhibit "A".
PASSED THIS /S day of May , 1979, by the City Council of the
City of Tigard, Oregon.
Mayor
ATTEST:
j•
Recorder
_4
RESOLUTION No. 79-_�a
PIS .
(d) Motion ',by Councilwoman Sti.mler, seconded by Councilman Brian, to instruct
staff �o begin overlay project.
Approved by unanimous vote of Council.
(e) Motion by Councilman Brian, seconded by Councilman Scheckla, to authorize
staff to expend left over monies budgeted to have Cascade Construction
Company overlay SW 116th Avenue from SW Katherine Street to SW Tigard Drive
for an estimated cost of $5,586.
Approved by unanimous vote of Council.
5. APPROVE POLICY REGARDING PRESSURE SEWER PUMP SYSTEMS
(a) City Administrator noted wordagechanges in text as follows:
Policy 1.1 - change U.S.A. to read Unified Sewerage Agency's
Policy 1.2 - third sentence add "City and U.S.A." and delete the word
"Agency".
City Administrator recommended approval of policies with amendments as noted.
(b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
6. APPROVE AND AUTHORIZE SIGNING - Right-Of-Way Certification N. Tigard Interchange-
Beef Bend Road.
(a) City Administrator stated there would be no additional right-of-way required
according to the State Highway Department and that the City would be
authorized to make any adjustments to existing utilities within the right-
of-way. The State will go to bid on the project August, 1979. Council
questioned if sufficient right-of-way was available at Hall, Greenburg and
Park Street.
(b) Motion by Councilman Brian, seconded by Councilman Scheckla, to authorize
signing of Right-Of-Way Certification.
(c) City Administrator stated he would follow up with State as to whether
additional right-of-way should be obtained for Hall Boulevard, Greenburg
Road, and Park Street to facilitate turning radius concerns.
7. ADJOURNMENT: 7:53 P.M.
City Recorder
ATTEST:
Mayor
Page 2 - COUNCIL MINUTES - May 7, 1979
-D ,C
{ I
T I G.A R D C I T Y C: 0 U N C I OL
— - - - - - -- - - - - - - 7 I
SPECIAL MEETING MINUTES, .May 7, 1979, 7:30 P.M.
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, (arrived at
7:40' P'.M.) John E. Cook, Kenneth W. Scheckla; Councilwoman-Nancie
Stimler; Chief of Police, Robert 'B. Adams ; Legal Counsel, Joe
D. Bailey; City Administrator, Raeldon R. Barker;; City Recorder/
Finance. Director, Doris. Hartig; Planning Director, Aldace.Howard;
Associate-. Planner, L.. Selby; Administrative Secretary,
Loreen__Wilson. .
2. ACCEPT:.AND AUTHORIZE.EXECUTION OF SUBDIVISION COMPLIANCE AGREEMENT AND SEWER
EASEMENT - J. B. Bishop
(a) City Administrator recommended acceptance of agreement and easement.
(b) Motion by. Councilman Cook, seconded by Councilman Scheckla to accept and
authorize execution by Mayor and- City Recorder.
Approved by unanimous vote of Council.
3. RESOLUTION No. 79-55 A RESOLUTION REGARDING ESTABLISHING AN INTERN PROGRAM WITH-
IN THE POLICE DEPARTMENT.
(a) Chief of Police recommended approval..
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approved.
Approved by unanimous vote of Council.
4. AWARD CONTRACT - STREET OVERLAY PROGRAM
(a) City Administrator stated that Cascade Construction Company was low bid-
der at $39,461.10: and recommended Council award contract to them. At
the same time, it .was recommended..that' an amendment to the contract be
approved in the amount of $25,137:.00 to add S.W. 72nd Avenue (from Bonita
Road southerly to the City limits) to.the reconditioning program.
(b) Motion.by Councilman Scheckla, seconded by Councilman Cook to award the
contract to Cascade Construction Company in.the amount of $39,461.10 for
the street overlay program.
Approved. by unanimous vote of Council.
(c) ,Motion by Councilman Cook, seconded by Councilwoman Stimler, to amend con-
tract with Cascade Construction. Company to add the paving of S.W. 72nd
Avenue from Bonita Road to the southerly .City limits and to not overlay
newly paved southerly 300 feet of S.W. Gaarde Street.
Approved by unanimous vote of Council.