ODOT - Pavement Improvements (72nd/217) Misc. Contracts &Agreements
No. 22,381
COOPERATIVE IMPROVEMENT AGREEMENT
Pavement Improvements
OR 217 @ 72"a Avenue
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 "ODOT"; and the City
of Tigard, acting by and through its elected officials, hereinafter referred to as "City."
RECITALS
1. OR 217, is a part of the state highway system under the jurisdiction and control of the Oregon
Transportation Commission. 72nd Avenue is a part of the city street system under the
jurisdiction and control of City.
2. By the authority granted in ORS 190.110, 366.572 and 366.576, ODOT 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.
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, and to better serve the public, City plans and proposes to perform a
grind inlay on 72nd Avenue on both City and ODOT right of way, hereinafter referred to as
"Project". The location of the Project is approximately as shown on the sketch map attached
hereto, marked Exhibit A, and by this reference made a part hereof.
2. The total cost of the Project is estimated by City to be $400,000. City shall finance and
construct the Project. ODOT shall reimburse the City for the actual cost of the portion of the
Project on ODOT right of way, as described in the aforementioned exhibit, and this amount is
not to exceed $73,0.00 in maintenance funds. City shall be responsible for any 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 Project shall be
completed within 2 calendar years following the date of final execution of this Agreement by
both parties.
Agreement No. 22,381
City of Tigard
CITY OBLIGATIONS
1. City shall, prior to advertising for contract bids, forward to ODOT District 2A copies of all
plans and specifications for the Project for review and concurrence.
2. Upon completion of the Project and final inspection by ODOT, City shall forward an invoice
to ODOT for the actual cost of ODOT's portion of the Project, which shall not exceed
$73,000. City shall be responsible for all costs over$73,000.
3. City shall lay out and paint the necessary lane lines for the Project.
4. City 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 of the
Project. All utility relocations shall be at the sole expense of the City.
5. City is responsible for and insures that all Project right-of-way monumentation will be
conducted in conformance with ORS 209.150.
6. City shall be responsible for all maintenance costs for the roadway including the portion of
the Project on ODOT right of way. City shall continue all existing maintenance
responsibilities within the Project area as agreed to by prior Agreement with ODOT,
Agreement No. 7512,Amendment 1,executed September 27, 1983.
7. City shall, upon completion of the Project and at its own expense,maintain the pavement
surrounding the vehicle detector loops installed in the City and Project area roads in such a
manner as to provide adequate protection for said detector loops. Failure to do so may result
in ODOT requiring City to repair or replace the damaged loops at City expense. City
roadwork activities may also result in the same ODOT requirements. City shall also
adequately maintain the pavement markings installed in accordance with current ODOT
standards.
8. All employers, including City, that employ subject workers who work under this Agreement
in the State of Oregon shall comply with ORS 656.017 and provide the required Workers'
.Compensation coverage unless such employers are exempt under ORS 656.126. City shall
ensure that each of its subcontractors complies with these requirements.
9. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of
Oregon, the federal government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of City which are directly pertinent to the
specific Agreement for the purpose of making audit, examination, excerpts, and transcripts
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Agreement No. 22,381
City of Tigard
for a period of three years after completion of Project. Copies of applicable records shall be
made available upon request. Payment for costs of copies is reimbursable by ODOT.
10. City 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,
City 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; (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. City shall construct the Project in accordance with the requirements of ORS 276.071
including the public contracting laws within ORS Chapters 279A,279B and 279C
12. If City chooses to assign its contracting.responsibilities to a consultant or contractor, City
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
13. City.shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims
Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation
Commission and its members, Department of Transportation, its officers and employees from
any and all claims, suits, and liabilities which may occur in the performance of this project.
14. Notwithstanding the foregoing defense obligations under paragraph 13 above, neither City
nor any attorney engaged by City 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 anytime at.its election assume its own defense and
settlement in the event that it determines that Agency is prohibited from defending the State
of Oregon, or that Agency 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 any claims it may have
against City if the State of Oregon elects to assume its own defense.
15. City shall require contractor to indemnify ODOT and name ODOT as a third party
beneficiary of the resulting contract, obtain and keep in effect during the term of the contract
Comprehensive or Commercial General Liability Insurance covering bodily injury and
property damage. This insurance shall include personal injury coverage, contractual liability
coverage for the indemnity provided under this Agreement and products/completed
operations liability. Combined single limit per occurrence shall not be less than $1,000,000
or the equivalent. Each annual aggregate limit shall not be less than $2,000,000 when
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Agreement No. 22,381
City of Tigard
applicable and shall carry at a minimum personal injury and property damage insurance with
a single limit of$1,000,000 for all claims arising out of a single accident or occurrence. City
shall also insure that the contractor also provide an.additional $1,000,000 excess insurance
coverage over the basic $1,000,000 coverage. Each annual aggregate limit shall not be less
than $2,000,000 when applicable. The contractor shall include City and ODOT as named
insured on policies issued for this Project, or shall furnish an additional insured endorsement
naming the same as additional insured to the contractor's existing public liability and
property damage insurance. The certificate of insurance shall include the State of Oregon,
Transportation Commission and its members, Department of Transportation, officers and
employees as additional insured. City shall provide a copy of the certificate to ODOT prior
to construction of the Project. The insurance coverage shall not be amended, altered,
modified or cancelled insofar as the coverage contemplated herein is concerned without at
least 30 days prior written notice.
16. City shall authorize execution of this Agreement during a regularly convened session of its
City Council.
17. City's Project Manager for this project is Vannie Nguyen, Capitol Improvement Program
Manager, 13125 SW Hall Blvd,Tigard, OR. 97223,Tel: 503-718-2460.
18. City may change the foregoing Project Manager and address by giving prior written notice
thereof to ODOT at its notice address.
19.Upon completion of the project, City shall submit three sets of"As Constructed" drawings to
ODOT's. One set shall be half size 11"x17" mylars, the remaining sets shall be half size
(1 l"x 17")prints. Submit all sets to ODOT District 2A office, attention. Steve Schalk.
ODOT OBLIGATIONS
1. ODOT shall, at Project expense, conduct plan review, Project approval/concurrence, Project
inspection,provide technical expertise and grant access to right of way, as requested.
2. ODOT shall, upon execution of the Agreement, completion of ODOT final inspection of the
Project, and upon the receipt of an invoice from the City, forward the actual cost for the
ODOT portion for the Project, which shall not exceed $73,000. Any additional costs beyond
$73,000 is the responsibility of City.
3. ODOT hereby grants the City permission to access ODOT right of way for Project
construction and on-going maintenance responsibilities.
4. ODOT shall retain all utility and access permit-issuing authority along the state highway.
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Agreement No. 22,381
City of Tigard
5. ODOT certifies, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within ODOT's current
appropriation or limitation of the current biennial budget.
6. Upon completion of the Project, ODOT shall continue all exisiting maintenance
responsibilies within the Project area as agreed to by prior Agreement with the City,
Agreement No. 7512,Amendment 1, executed September 27, 1983.
7. ODOT's Project Manager for this Project is Steve Schalk, ODOT District 2A, 5440 SW
Westgate Driver, Ste: 350, Portland, OR 97221,Phone: 503-229-5002.
8. ODOT may change the foregoing Project Manager and address by giving prior written notice
thereof to ODOT at its notice address.
GENERAL PROVISIONS
1. , This Agreement may be terminated by mutual written consent of both parties.
2. ODOT may terminate this Agreement effective upon delivery of written notice to City, or at
such later date as may be established by ODOT, under any of the following conditions:'
a. If City fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If City 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 ODOT fails to correct
such failures within 10 days or such longer period as ODOT may authorize.
c. If City fails to provide payment of its share of the cost of the Project.
d. If ODOT fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow ODOT, 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 ODOT 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.
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Agreement No. 22,381
City of Tigard
4. If City fails to maintain facilities in accordance with the terms of this Agreement, ODOT, at
its option, may maintain the facility and bill City, seek an injunction to enforce the duties and
obligations of this Agreement or take any other action allowed by law.
5. 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 ODOT to enforce any provision of this Agreement
shall not constitute a waiver by ODOT of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter
written.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2,
which authorizes the Director to approve and execute agreements for day-to-day operations when
the work is related to a project included in the Statewide Transportation Improvement Program
or a line item in the biennial budget approved by the Commission.
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Agreement No. 22,381
City of Tigard
On November 10, 2004, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, in which the Director delegates to the Deputy Director the authority
to approve:and sign agreements over $75,000 when the work is related to a project included in
the Statewide Transportation Improvement Program or in other system plans approved by the
Oregon Transportation Commission, or in a line item in the biennial budget approved by the
Director.
CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through
officials its Department of Transportation
B r C-�4 B
Y Y
City M a er De Wirector, Highways
Date �,�
Date
By �`'� rye- (k)
APPROVAL RECOMMENDED
Title C-A')r-d-Q1L
By &oFUN 1
Date J� - 0�5 C) Technical Services Manager/Chief
Engineer
APPROVED AS TO LEG SUFFICIENCYV
Date 6o r
By
City Counsel By
l _ Region 1 Mana r
Date Date �--
B I
Y
District 2A Manager
Date
APPROVED AS TO LEGAL
SUFE I/Ef NCY
Y
Assistant
Attorney General
Date:
61;e/W4-11
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FY 2004-05 PAVEMENT MAJOR MAINTENANCE PROGRAM
PAVEMENT OVERLAY
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CITY OF TIGARD, OREGON
RESOLUTION NO. 05-31
A RESOLUTION APPROVING A COOPERATIVE RvJPROVEMENT AGREEMENT BETWEEN TBE
OREGON DEPARTMENT OF TRANSPORTATION AND THE CITY OF TIGARD. FOR
1MPROVEMENTS TO SW 72M AVENUE.
WHEREAS, the Tigard City Council wishes to enter into an agreement with the Oregon Department of
Transportation regarding certain improvements and maintenance of SW 727d Avenue.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Council hereby authorizes the City Manager to sign, on behalf of the City, an
agreement with the Oregon Department of Transportation identifying their respective
obligations relative to the costs of currently proposed improvements and continuing
maintenance of a certain portion of SW 727d Avenue.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This—Ze day of 2005.
Mayor- ity of Tigard
ATTEST:
City Recorder-City of Tigar
RESOLUTION NO. 05-
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