ODOT - 31017 Tigard Luminaires - Cooperative Improvement Agreement (CIA) Along Hall Blvd (Fanno Creek Trail, Avon St, and Bonita Rd)Misc. Contracts and Agreements
No. 73000-00031017
Key No. N.A.
04-08-22
COOPERATIVE IMPROVEMENT AGREEMENT
SW Hall Blvd Luminaires: SW Bonita Rd & SW Avon St
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. SW Hall Blvd. is a part of the state highway system under the jurisdiction and control
of the Oregon Transportation Commission (OTC). SW Bonita Rd. & SW Avon St. are
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. 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 a city street remains with the Agency.
4. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
5. State and Agency have agreed that State is funding the installation of pedestrian
safety improvements along SW Hall Boulevard (State Highway 141) at the
intersections of SW Bonita Road and SW Avon Streets as well as a pedestrian counter
located outside of state right of way at the Fanno Creek trail crossing.
6. State and Agency have agreed that the pedestrian safety project elements installed
under this agreement will be maintained by Agency.
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 to installing luminaires at the
intersections of SW Hall Blvd. at SW Bonita Rd. and SW Avon St. Agency will also
install a pedestrian counter at the Fanno Creek trail crossing, hereinafter referred to
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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.
2. The Project will be financed at an estimated cost of $48,000.00 in State funds. The
estimate for the total Project cost is subject to change. State shall be responsible for
Project costs beyond the estimate.
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 and power
responsibilities for the useful life of the facilities constructed as part of the Project. The
useful life is defined as twenty (20) calendar years from the date the facilities
constructed as part of the Project become operational. The Project shall be completed
within ten (10) calendar years following the date of final execution of this Agreement
by both Parties.
4. Americans with Disabilities Act Compliance:
a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian-
activated signals or triggers an obligation to address curb ramps or pedestrian signals,
the Parties shall:
i. Utilize ODOT standards to assess and ensure Project compliance with
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities
Act of 1990 as amended (together, “ADA”), including ensuring that all sidewalks,
curb ramps, and pedestrian-activated signals meet current ODOT Highway Design
Manual standards.
ii. Follow ODOT’s processes for design, construction, or alteration of
sidewalks, curb ramps, and pedestrian-activated signals, including using the
ODOT Highway Design Manual, ODOT Design Exception process, ODOT
Standard Drawings, ODOT Construction Specifications, providing a temporary
pedestrian accessible route plan and current ODOT Curb Ramp Inspection form;
iii. At Project completion, send a completed ODOT Curb Ramp Inspection
Form 734-5020 to the address on the form as well as to State’s Project Manager
for each curb ramp constructed or altered as part of the Project. The completed
form is the documentation required to show that each curb ramp meets ODOT
standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Form and
instructions are available at the following address:
https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx; and
iv. Promptly notify ODOT of Project completion and allow ODOT to inspect
Project sidewalks, curb ramps, and pedestrian-activated signals located on or
along a state highway prior to acceptance of Project by Agency and prior to release
of any Agency contractor.
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b. Parties shall ensure that temporary pedestrian routes are provided through or
around any Project work zone. Any such temporary pedestrian route shall include
directional and informational signs, comply with ODOT standards, and include
accessibility features equal to or better than the features present in the existing pedestrian
facility. Agency shall also ensure that advance notice of any temporary pedestrian route
is provided in accessible format to the public, people with disabilities, disability
organizations, and ODOT at least 10 days prior to the start of construction.
c. Parties shall ensure that any portions of the Project under Agency’s maintenance
jurisdiction are maintained in compliance with the ADA throughout the useful life of the
Project. This includes, but is not limited to, Agency ensuring that:
i. Pedestrian access is maintained as required by the ADA,
ii. Any complaints received by Agency identifying sidewalk, curb ramp, or
pedestrian-activated signal safety or access issues are promptly evaluated and
addressed,
iii. Agency, or abutting property owner, pursuant to local code provisions,
performs any repair or removal of obstructions needed to maintain the facility in
compliance with the ADA requirements that were in effect at the time the facility
was constructed or altered,
iv. Any future alteration work on Project or Project features during the useful
life of the Project complies with the ADA requirements in effect at the time the
future alteration work is performed, and
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
d. Maintenance obligations in this section shall survive termination of this Agreement.
AGENCY OBLIGATIONS
1. Agency shall be responsible for 100 percent of maintenance and power costs
associated with the luminaires installed as a part of this Project. Agency shall require
the power company to send invoices directly to Agency.
2. Agency shall be responsible for 100 percent of maintenance and power costs
associated with the illumination system installed for the pedestrian counter. Agency
require the power company to send invoices directly to Agency.
3. Agency, or its consultant’s, electrical inspectors shall possess a current State Certified
Traffic Signal Inspector certificate, in order to inspect electrical installations on state
highways. The State District Office shall verify compliance with this requirement prior
to construction.
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4. 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.
5. Agency shall provide to State permanent “as constructed” plans for any work
anticipated to occur on state highways. If Agency redrafts the plans, done in Computer
Aided Design and Drafting (CADD) or Microstation, to get the "as constructed" set,
and they follow the most current version of the “Contract Plans Development Guide,
Volume 1 Chapter 16”
http://www.oregon.gov/State/HWY/ENGSERVICES/docs/dev_guide/vol_1/V1-
16.pdf, Agency shall provide to State a Portable Document Format (PDF) file and a
paper copy of the plan set.
6. Agency shall keep accurate cost accounting records. Agency shall prepare and submit
invoices for construction directly to State’s Project Manager for review and approval.
Such invoices will be in a form identifying the Project, the Agreement number, the
invoice number or the account number or both, and will itemize all expenses for which
reimbursement is claimed..
7. All employers, including Agency, that employ subject workers, as defined in ORS
656.027, shall comply with ORS 656.017 and shall provide Workers’ Compensation
insurance coverage for those workers, unless they meet the requirement for an
exemption under ORS 656.126(2). The coverage shall include Employer’s Liability
insurance with coverage limits of not less than $500,000 each accident. Agency shall
ensure that each of its contractors complies with these requirements.
8. Agency shall perform any services under this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses related to
its employment of individuals to perform the work under this Agreement including, but
not limited to, retirement contributions, workers’ compensation, unemployment taxes,
and state and federal income tax withholdings.
9. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office,
the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of Agency which are directly pertinent
to the specific Agreement for the purpose of making audit, examination, excerpts, and
transcripts for a period of six (6) years after final payment (or completion of Project --
if applicable). Copies of applicable records shall be made available upon request.
Payment for costs of copies is reimbursable by State.
10. Agency shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including, without
limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and
279B.270 incorporated herein by reference and made a part hereof. Without limiting
the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of
Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973;
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(iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations
and administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
11. If Agency chooses to assign its contracting responsibilities to a consultant or
contractor, Agency shall inform the consultant or contractor of the requirements of
ORS 276.071, to ensure that the public contracting laws within ORS Chapters 279A,
279B and 279C are followed.
12. Agency or its contractor shall follow the Oregon Locate Laws (ORS 757 and OAR
952).
13. If applicable, Agency shall obtain all necessary permits, licenses, and approvals
including land use permits, building permits, and engineering design review approval
from State for installation of the pedestrian counter. In addition, Agency shall ensure
that a utility permit issued by State District office is in place prior to installation of any
utility service line installed within state highway right of way as part of the Project.
Agency agrees to comply with all provisions of said permit(s), and reviews and shall
require its contractors, performing such work to comply with such permit and review
provisions.
14. If Agency enters into a contract for performance of work under this Agreement, Agency
agrees to comply with the following:
a. Contracts:
i. All contracts must be in writing, executed by Agency, and must incorporate and
pass through all of the applicable requirements of this Agreement to the other
party or parties to the contract. Use of a contract does not relieve Agency of its
responsibilities under this Agreement.
ii. Agency shall require all of its contractors performing work under this Agreement
to name State as a third-party beneficiary of the resulting contract with the
contractor.
iii. Agency shall require its construction contractor to submit a performance bond
and payment bond to Agency for an amount equal to or greater than the
estimated cost of the construction contract price. Agency shall require its
construction contractor to name the State as an additional or dual oblige on
construction contractor’s performance bond and payment bond.
iv. Agency shall provide State with a copy of any signed contract upon request by
State. This paragraph shall survive expiration or termination of this Agreement.
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v. Agency must report to State any material breach of a term or condition of a
contract within ten (10) days of Agency discovering the breach.
b. Contract Indemnification:
i. To the fullest extent permitted by law, and except to the extent otherwise void
under ORS 30.140, Agency shall require each of its contractors that are not
units of local government as defined in ORS 190.003, if any, to indemnify,
defend, save and hold harmless the State of Oregon, the Oregon
Transportation Commission, and the Oregon Department of Transportation and
their respective officers, members, employees and agents from and against all
claims, suits, actions, losses, damages, liabilities, costs and expenses of any
nature whatsoever (hereinafter, referred to individually and collectively as
“Claims”) to the extent such Claims result from, arise out of, or relate to the
activities or omissions of Agency’s contractor, subcontractor(s), or their
respective officers, employees, or agents under the resulting contract or
otherwise related to the Project.
ii. Any such indemnification shall also provide that Agency’s contractor shall
ensure that neither Agency's contractor(s) or its subcontractor(s) nor any
attorney engaged by any Agency contractor or subcontractor shall defend any
claim in the name of the State of Oregon or any Agency of the State of Oregon,
nor purport to act as legal representative of the State of Oregon or any of its
agencies, without the prior written consent of the Oregon Attorney General. The
State of Oregon may, at any time at its election assume its own defense and
settlement in the event that it determines that any Agency contractor or
subcontractor is prohibited from defending the State of Oregon, or that any
Agency contractor or subcontractor is not adequately defending the State of
Oregon's interests, or that an important governmental principle is at issue or
that it is in the best interests of the State of Oregon to do so. The State of
Oregon reserves all rights to pursue claims it may have against Agency's
contractor(s) and subcontractor(s) if the State of Oregon elects to assume its
own defense.
c. Contract Insurance:
i. Agency shall require the other party or parties to each of its contracts, that are
not units of local government as defined in ORS 190.003, to meet the minimum
insurance requirements provided in Exhibit B, attached hereto and by this
reference made a part hereof.
ii. Agency shall perform a risk assessment for the work to be performed under its
contract(s) and determine insurance types and amounts as appropriate based
on the risk of the work outlined within each contract, and shall require its
contractor(s) to carry such insurance, except that the required insurance types
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and amounts may not be less than those identified in Exhibit B. Agency may
specify insurance requirements for its contractor(s) above the minimum
insurance requirements specified in Exhibit B.
iii. Agency shall obtain proof of the required insurance coverages, as applicable,
from any contractor it hired to provide services related to this Agreement.
iv. Agency shall require each of its contractor(s) to require and verify that all
subcontractors carry insurance coverage that the contractor(s) deems
appropriate based on the risk of the subcontracted work.
d. Agency shall include provisions in each of its contracts requiring its contractors to
comply with the indemnification and insurance requirements in subparagraphs b
and c of this AGENCY OBLIGATIONS, Paragraph 23.
15. CONTRIBUTION AND DISPUTE RESOLUTION BETWEEN ODOT AND AGENCY:
This Paragraph 24 applies only between State and Agency and shall survive the
termination of this Agreement.
a. 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.
b. 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 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
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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.
c. 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.
d. State and Agency shall attempt in good faith to resolve any dispute arising out
of this Agreement. In addition, State and Agency may agree to utilize a jointly
selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute
short of litigation.
16. Agency, or its contractor, shall protect the Project area in accordance with the Manual
on Uniform Traffic Control Devices and the Oregon Temporary Traffic Control
Handbook in place at the time the work is conducted.
17. Agency shall notify the State District office at least 2 business days prior to performing
work within state highway right of way to coordinate the work under this Agreement
with other work occurring on the state highway.
18. 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.
19. Agency’s Project Manager for this Project is Joe Wisniewski, City Engineer, 13125
SW Hall Boulevard, Tigard, OR 97223, joew@tigard-or.gov, 971-271-4772 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.
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STATE OBLIGATIONS
1. In consideration for the services performed, State agrees to pay Agency within forty-
five (45) days of receipt by State of the Project invoice. .
2. 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.
3. 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.
4. State grants authority to Agency to enter upon State right of way for the management
of this Project as provided in this Agreement and coordinate with State District office.
5. 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 SW Hall Blvd.
6. State’s Project Manager for this Project is Luis Umaña, ODOT Region 1
Transportation Project Manager, 123 NW Flanders Street, Portland, Oregon 97209,
Luis.Umana@ODOT.oregon.gov , 971-375-8279, 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.
7. State’s District Office contact for this Project is Cory Hamilton.
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.
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:
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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. Agency fails to maintain facilities in accordance with the terms of this
Agreement, State, at its option, may maintain the facility and bill Agency, seek
an injunction to enforce the duties and obligations of this Agreement or take
any other action allowed by law.
5. 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.
6. 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 all 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.
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7. Electronic Signatures. The Parties agree that signatures showing on PDF documents,
including but not limited to PDF copies of the Agreement and amendments, submitted
or exchanged via email are “Electronic Signatures” under ORS Chapter 84 and bind
the signing Party and are intended to be and can be relied upon by the Parties. State
reserves the right at any time to require the submission of the hard copy originals of
any documents.
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.
SIGNATURE PAGE TO FOLLOW
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CITY OF TIGARD, by and through its
authorized representative
By _______________________________
Date _____________________________
By _______________________________
Date _____________________________
LEGAL REVIEW APPROVAL (If required in
Agency’s process)
By _________________________________
Agency Counsel
Date _____________________________
Agency Contact:
Joe Wisniewski
City Engineer
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Joew@tigard-or.gov,
971-271-4772
State Contact:
Luis Umana
Transportation Project Manager
ODOT Region 1
123 NW Flanders Street
Portland, Oregon 97209
Luis.Umana@odot.oregon.gov
971-375-8279
STATE OF OREGON, by and through
its Department of Transportation
By ____________________________
Region 1 Manager
Date __________________________
APPROVAL RECOMMENDED
By ____________________________
State Maintenance Operations
Manager
Date ___________________________
By ____________________________
District 2B Manager
Date___________________________
APPROVED AS TO LEGAL
SUFFICIENCY
By_____N.A.___________________
Assistant Attorney General
Date__________________________
5/20/25
Cory HAMILTON (May 22, 2025 09:34 PDT)
05/22/2025
Theodore MILLER (May 24, 2025 09:38 PDT)
Rian WINDSHEIMER (Jun 2, 2025 10:49 PDT)
06/02/2025
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EXHIBIT A – Project Location Map
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EXHIBIT B
Agency Contract Insurance Requirements
1. GENERAL
a. Agency shall require, in its contracts with entities that are not units of local
government as defined in ORS 190.003 (if any), that its contractors: i) obtain
insurance specified under TYPES AND AMOUNTS and meeting the requirements
under ADDITIONAL INSURED, “TAIL” COVERAGE, NOTICE OF
CANCELLATION OR CHANGE, and CERTIFICATES OF INSURANCE before
performance under the contract commences, and ii) maintain the insurance in full
force throughout the duration of the contract. The insurance must be provided by
insurance companies or entities that are authorized to transact the business of
insurance and issue coverage in the State of Oregon and that are acceptable to
Agency. Agency shall not authorize work to begin under the contract until the
insurance is in full force. Thereafter, Agency shall monitor continued compliance
with the insurance requirements on an annual or more frequent basis. Agency shall
incorporate appropriate provisions in the contract permitting it to enforce
compliance with the insurance requirements and shall take all reasonable steps to
enforce such compliance. In no event shall Agency permit work under a contract
when Agency is aware that the contractor is not in compliance with the insurance
requirements. All references to “contractor” in this Exhibit B refer to Agency’s
contractor as identified in this Paragraph 1.a.
b. The insurance specified below is a minimum requirement that Agency shall require
its contractor to meet, and shall include such requirement in Agency’s contract with
its contractor. Agency may determine insurance types and amounts in excess of
the minimum requirement as deemed appropriate based on the risks of the work
outlined within the contract.
c. Agency shall require each of its contractors to require that all of its subcontractors
carry insurance coverage that the contractor deems appropriate based on the risks
of the subcontracted work. Contractor shall obtain proof of the required insurance
coverages, as applicable, from any subcontractor providing services related to the
contract.
2. TYPES AND AMOUNTS
a. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY
All employers, including Agency’s contractor, that employ subject workers, as
defined in ORS 656.027, shall comply with ORS 656.017 and shall provide
Workers' Compensation insurance coverage for those workers, unless they meet
the requirement for an exemption under ORS 656.126(2). The coverage shall
include Employer’s Liability insurance with limits not less than $500,000 each
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accident. Contractor shall require compliance with these requirements in
each of its subcontractor contracts.
b. PROFESSIONAL LIABILITY
Architecture and Engineering (A&E) and Related Services:
Professional Liability insurance is required for A&E design services and A&E-related
services, except that Professional Liability coverage may be waived by Agency for
low-risk related services, such as public involvement or outreach.
General:
Professional Liability insurance must cover damages caused by negligent acts,
errors, or omissions of contractor and contractor’s subcontractors, agents, officers,
or employees related to the professional services to be provided under the
contract.
Coverage shall be written with a per claim, incident, or occurrence limit, or the
equivalent, of not less than $1,000,000 $2,000,000 $5,000,000.
Annual aggregate limits shall not be less than $2,000,000 $4,000,000
$10,000,000.
If this insurance is provided on a “claims made” basis, contractor shall maintain
continuous claims made liability coverage or shall acquire tail coverage to continue
the same coverage for a duration of at least 2 years after completion of the contract
or for the foregoing extended period beyond contract expiration or termination.
Evidence of any required extended period coverage will be a condition of final
payment under the contract.
c. COMMERCIAL GENERAL LIABILITY
Commercial General Liability insurance shall be issued on an occurrence basis
covering bodily injury and property damage and shall include personal and
advertising injury liability, products and completed operations, and contractual
liability coverage. When work to be performed includes operations or activity within
fifty (50) feet of any railroad property, bridge, trestle, track, roadbed, tunnel,
underpass, or crossing, the contractor shall provide the Contractual Liability –
Railroads CG 24 17 endorsement, or equivalent, on the Commercial General
Liability policy. Amounts below are a minimum requirement as determined by
State:
If Agency’s contractor will construct the Project, add the following prime
construction contractor section (otherwise delete and delete “Other
contractor(s)” title, but keep coverage limits):
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Prime construction contractor:
Coverage shall be written on an occurrence basis in an amount of not less
than $1,000,000 $2,000,000 $5,000,000 per occurrence.
Annual aggregate limit shall not be less than $2,000,000
$5,000,000 $10,000,000.
Other contractor(s):
Coverage shall be written on an occurrence basis in an amount of not less
than $1,000,000 $2,000,000 $5,000,000 per occurrence.
Annual aggregate limit shall not be less than $2,000,000
$5,000,000 $10,000,000.
d. AUTOMOBILE LIABILITY
Automobile Liability insurance covering contractor’s business-related automobile use
covering all owned, non-owned, or hired vehicles for bodily injury and property
damage. Amount below is a minimum requirement as determined by State:
Coverage shall be written with a combined single limit of not less than $1,000,000.
e. EXCESS/UMBRELLA LIABILITY
A combination of primary and Excess/Umbrella Liability Insurance may be used to
meet the required limits of insurance. If any Excess/Umbrella Liability policies are
in place, they must be provided on a true “following form” or broader coverage
basis, with coverage at least as broad as provided on the underlying insurance.
f. ADDITIONAL INSURED
The liability insurance coverages, except Professional Liability or Workers’
Compensation/Employer’s Liability, if included, must endorse the “State of
Oregon, the Oregon Transportation Commission and the Oregon Department
of Transportation, and their respective officers, members, agents, and
employees” as an endorsed Additional Insured but only with respect to the
contractor’s activities to be performed under the contract. Coverage shall be
primary and noncontributory with any other insurance and self-insurance.
Additional Insured Endorsements on the Commercial General Liability shall be
written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising
out of ongoing operations and ISO Form CG 20 37 07 04, or equivalent, with
respect to liability arising out of completed operations.
Additional Insured Endorsements shall be submitted with the Certificate(s) of
Insurance and must be acceptable to Agency.
Agency/State
Agreement No.73000-00031017
STLAWS.DOC
ver.2-18-2003
18
g. “TAIL” COVERAGE
If any of the required insurance policies is on a “claims made” basis, such as
Professional Liability insurance or Pollution Liability insurance, the contractor shall
maintain either “tail” coverage or continuous “claims made” liability coverage,
provided the effective date of the continuous “claims made” coverage is on or
before the effective date of the contract, for a minimum of twenty-four (24) months
following the later of: (i) the contractor’s completion and Agency’s acceptance of
all Services required under the contract or, (ii) the expiration of all warranty periods
provided under the contract. Notwithstanding the foregoing twenty-four (24) month
requirement, if the contractor elects to maintain “tail” coverage and if the maximum
time period “tail” coverage reasonably available in the marketplace is less than the
twenty-four (24) month period described above, then the contractor may request
and State may grant approval of the maximum “tail“ coverage period reasonably
available in the marketplace. If State approval is granted, the contractor shall
maintain “tail” coverage for the maximum time period that “tail” coverage is
reasonably available in the marketplace.
3. NOTICE OF CANCELLATION OR CHANGE
The contractor or its insurer must provide thirty (30) days’ written notice to Agency
before cancellation of, material change to, potential exhaustion of aggregate limits
of, or non-renewal of the required insurance coverage(s). Agency shall
immediately notify State of any change in insurance coverage.
4. CERTIFICATE(S) OF INSURANCE.
Agency shall obtain from the contractor a certificate(s) of insurance for all required
insurance before the contractor performs under the contract. The certificate(s) or an
attached endorsement must endorse: i) “State of Oregon, the Oregon
Transportation Commission and the Oregon Department of Transportation, and
their respective officers, members, agents, and employees” as an endorsed
Additional Insured in regards to the Commercial General Liability and Automobile
Liability policies and ii) that all liability insurance coverages shall be primary and
noncontributory with any other insurance and self-insurance, with exception of
Professional Liability and Workers’ Compensation/Employer’s Liability.
31017 Tigard Luminaires cia FINAL
Final Audit Report 2025-06-02
Created:2025-05-21 (Pacific Daylight Time)
By:Dessia SCOTT-MYERS (Dessia.SCOTT-MYERS@odot.oregon.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAU8NB_VVnkI8Qy43Pr1vvPVDWVceJuYGG
"31017 Tigard Luminaires cia FINAL" History
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Agreement completed.
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