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ODOT - Widen Greenburg Road Across Hall ,- A. a Department of Transportation regon p Transportation Building g9 John A.Kitzhaber,M.D.,Governor Salem,OR 97310 FILE CODE: September 30, 1998 Washington County Attn: Barbara Hejtmanek Recording Secretary 155 N First Ave.#350-1'8 Hillsboro OR :97124 City of Tigard Attn: Catherine Wheatley City Recorder 13125 SW Hall Blvd Tigard OR 97223 AGR Enclosed for your records is a fully executed copy of Supplement No. 2 to an agreement covering Greenburg Road O'xing. We have retained a fully executed copy, of this supplement for the Department of Transportation's files. Fran Neavoll, Agreement Specialist Construction Contracts Unit Roadway Engineering Section. Enclosure FN:sI. Form 734-3122(5/97) Misc. Contracts &Agreements - No. 13,489 SUPPLEMENT NO. 2 Greenburg Road O'xing THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT"; WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; and the CITY OF TIGARD, also a municipal corporation of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "CITY" entered into Preliminary Engineering Agreement No. 13,489 on September 21,1995 and Supplement No. 1 on September 22, 1997. Said agreements cover design of certain roadway improvements on Greenburg Road at the Highway 217 interchange, hereinafter referred to as"PROJECT". It has now been determined by ODOT, COUNTY, and CITY that the agreements referenced above, although remaining in full force and effect, shall be amended by this supplement No., 2 in order to redistribute the existing funding to provide for higher design costs as required in paragraph No. 4. Therefore the above mentioned agreements shall be amended as follows: ODOT OBLIGATIONS, SUPPLEMENT NO.1 Supplemented Paragraph No. 2 which reads as follows: "2. ODOT shall, upon execution of this agreement, request COUNTY to forward an advance deposit for the full estimated cost ($250,000) to design this PROJECT. ODOT will request the advance of remaining funds from COUNTY and CITY prior to, the advertisement of the PROJECT. Said remaining funds are to be used to finance the construction and final, monumentation of the PROJECT (with the exception of Right-of--way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT expense). When the actual total cost of the project has been computed, ODOT shall furnish CITY and COUNTY with itemized statements of final costs. CITY and COUNTY shall pay any amount which, when added to said advance deposit, will equal 100% of the final total actual cost. Any portion of deposits made in excess of the final total costs of project shall be released to CITY and COUNTY accordingly. PROJECT costs are not to exceed a total of $2,395,000 without prior approval from both COUNTY and CITY and a fully executed supplement to this agreement." Key#08675 M. C. &A. NO. 13489 SUPPLEMENT NO. 2 WASHINGTON COUNTY CITY OF TIGARD Shall be amended to read: "2. ODOT shall, upon execution of this agreement, request COUNTY to forward an advance deposit for the full estimated cost ($285,000) to design this PROJECT. ODOT will request the advance of remaining funds from COUNTY and CITY prior to the advertisement of the PROJECT. Said remaining funds are to be used to finance the construction and final monumentation of the PROJECT (with the exception of Right-of-way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT expense). When the actual total cost of the project has been computed, ODOT shall furnish CITY and COUNTY with itemized statements of final costs. CITY and COUNTY shall pay any amount which, when added to said advance deposit, will equal 100% of the final total actual cost. Any portion of deposits made in excess of the final total costs of project shall be released to CITY and COUNTY accordingly. PROJECT costs are not to exceed a total of $2,395,000 without prior approval from both COUNTY and CITY and a fully executed supplement to this agreement." ODOT OBLIGATIONS, SUPPLEMENT No. 1 Supplemented Paragraph No. 4 which reads as follows: "4. ODOT shall, upon execution of this agreement, provide a schedule for preliminary engineering and design work. The schedule will be reviewed and approved by COUNTY and CITY prior to commencing Work on the PROJECT. The $250,000 cost for PROJECT preliminary engineering and design work is fixed. Any changes to the schedule or cost estimate identified by any party to this agreement must be reviewed and approved by the other parties to this agreement. A new schedule and cost estimate, as needed, will be provided by ODOT. A supplement to this agreement will be required for any PROJECT preliminary engineering or design cost increase above $250,000." 2 M. C. &A. NO. 13489 SUPPLEMENT NO. 2 WASHINGTON COUNTY CITY OF TIGARD Shall be amended to read: "4. ODOT shall, upon execution of this agreement, provide a schedule for preliminary engineering and design work. The schedule will be reviewed and approved by COUNTY and CITY prior to commencing work on the PROJECT. The $285,000 cost for PROJECT preliminary engineering and design work is fixed. Any changes to the schedule or cost estimate identified by any party to this agreement must be reviewed and approved by the other parties to this agreement. A new schedule and cost estimate, as needed, will be provided by ODOT. A supplement to this agreement will be required for any PROJECT preliminary engineering or design cost increase above $285,000." COUNTY OBLIGATIONS, Supplement No. 1 Supplemented Paragraph No. 2 which reads as follows: "2. The COUNTY shall, upon execution of this agreement and notification from ODOT, forward to ODOT a maximum of$250,000 for the estimated costs of preliminary engineering and design of the PROJECT. COUNTY will forward an advance of remaining COUNTY funds prior to the scheduled advertisement of the PROJECT. Said remaining funds are to be used to finance the construction and final monumentation of the PROJECT (with the exception of Right-of-way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT expense). No contracts shall be awarded until said deposits have been received by ODOT. .A supplement to this agreement will be required if the total cost for design, construction, right-of-way acquisition, and monumentation of this PROJECT is to exceed $2,395,000. COUNTY agrees to re- negotiate funding responsibilities with CITY if the contractor bids come in higher than estimated and push the project costs above $2,395,000 or if the contract overruns beyond the contract amount. COUNTY agrees to make additional deposits as needed upon request from ODOT." 3 M. C. &A..NO. 13489 SUPPLEMENT NO. 2 WASHINGTON COUNTY CITY OF TIGARD Shall be amended to read as follows: "2. The COUNTY shall, upon execution. of this agreement and notification from ODOT, forward to ODOT a maximum of$285,0.00 for the estimated costs of preliminary engineering and design of the PROJECT. If the costs for preliminary engineering and design are less than the $285,000, the funds will be applied toward the construction of the . project. COUNTY will forward an advance of remaining COUNTY funds prior to the scheduled advertisement of the PROJECT. Said remaining funds are to be used to finance the construction and final monumentation of the PROJECT (with the exception of Right-of-way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT expense). No contracts,shall be awarded until said deposits have been received: by ODOT. A supplement to this agreement will be required if the total cost for design, construction, right-of-way acquisition, and monumentation of this PROJECT is to exceed $2,395,000. COUNTY agrees to re- negotiate funding responsibilities with CITY if the contractor bids come in higher than estimated and push the project costs above $2,3.95,000 or if the contract overruns beyond the contract amount. COUNTY agrees .to make additional deposits as needed upon request from ODOT." COUNTY shall enter into and execute this supplemental agreement during a duly authorized session of its Board of Commissioners. CITY shall enter into and execute this agreement during an official meeting of its City Council. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. 4 M. C. &A. NO. 13489 SUPPLEMENT NO. 2 WASHINGTON COUNTY CITY OF TIGARD This PROJECT was approved by the Oregon Transportation Commission as a part of the 1996-1998 Transportation Improvement Program on page 47 (City's use of STP funds) and on page 49. On December 17, 1997 the Oregon Transportation Commission adopted Subdelegation Order No. 2, in which the Director grants authority to the Region Manager to approve and execute agreements for projects included in the current Statewide Transportation Improvement Program. APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By , Region Project Delivery Mgr. By egion 1 Manager By ,.,State Traffic Engineer Date WASHINGTON COUNTY, by and through its Elected Officials - APPROVED AS TO LEGA UFFICIENCY By �� Chairman By . County Counsel By0160 Recording S cretary Date APPROVED AS TO LEGAL SUFFICIENCY By CITY OF and through its Elected ity Attorney 0c By - CyPresic7rt By(IaA4��iyu W 1 City Recorder Date 2/1 /a,0 - 5 . 5 APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER 0 .....9.6-1,9 7........ q Q DATE .....................5g ....w....... AV J r I \ l DEPARTMENT OF C �S TRANSPORTATION October 7, 1997 FILE CODE: Washington County Attn: Barbara Hejtmanek, Recording Secretary 155 North First Avenue, #350-18 /.. . Hillsboro, OR 97124 !t OCT '?1 City of Tigard U 1 3 199? Attn: Catherine Wheatley; City Recorder 1f 13125 SW Hall Boulevard Tigard, OR 97223 AGR Enclosed for your records is a fully executed copy of Supplement No. 1 to an agreement for improvements on Greenburg Road at the Highway 217 interchange. We have retained a fully executed copy of'this supplement for the Department of Transportation's files. Please note that pages 7 and 8 of the standard provisions, Attachment 2, have been added since you signed. They were inadvertently omitted from the attachment. Fran Neavoll, Agreement Specialist Contracts Unit Project Support Enclosure FNArm Transportation Building Form 734-3122(1/93) Salem, OR 97310 Misc. Contracts&Agreements No. 13489 SUPPLEMENT NO. 1 THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT"; WASHINGTON COUNTY, a political subdivision of ---the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; and the CITY OF TIGARD, also a municipal corporation of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "CITY" entered into Preliminary Engineering Agreement No. 13489 on September 21,1995. Said agreement covers design of certain roadway improvements on Greenburg Road at the Highway 217 interchange, hereinafter referred to as "PROJECT'. It has now been determined by ODOT, COUNTY, and CITY that the agreement referenced above;-although remaining in full force and effect, shall be amended by this supplement No. 1 in order to.include.additional items of work and funding. RECITALS - Paragraph No. 3 of original agreement which reads as follows: "3. Under such authority and for the purpose of providing acceptable traffic patterns on public highways, COUNTY and CITY have requested ODOT to widen Greenburg Road where it crosses Beaverton - Tigard Hwy. to two through lanes in each direction plus other associated improvements necessary for the smooth flow of traffic, hereinafter referred to as "PROJECT'. The location of the PROJECT is approximately as shown on the map attached hereto, marked "Exhibit A", and by this reference made a part hereof. This agreement covers only the preliminary engineering and design portion of the PROJECT." Shall be amended to read: "3. Under such authority and for the purpose of providing acceptable traffic patterns on public highways, COUNTY and CITY have requested ODOT to widen Greenburg Road where it crosses Beaverton - Tigard Hwy. to two through lanes in each direction plus other associated improvements necessary for the smooth flow of traffic, hereinafter referred to as "PROJECT'. The location of the PROJECT is approximately as shown on the map attached hereto, marked "Exhibit A", and by this reference made a part hereof. This agreement covers all phases of work including Key 08675 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD preliminary engineering, right-of-way acquisition, construction, and maintenance." RECITALS Paragraph No. 4 which reads as follows: "4. The PROJECT preliminary engineering and design will be financed with a maximum of $215,000 in MSTIP (Major Street .Transportation Improvement Program) funds provided by COUNTY and at no cost to ODOT or CITY." Shall be amended to read: "4. The CITY and COUNTY are financing 100 percent of this PROJECT at no expense to ODOT. All phases of the PROJECT will be financed with a maximum of $1,995,000 in MSTIP (Major Street Transportation Improvement Program) funds provided by COUNTY and with a maximum of $400,000 of STP (33D funds from 2040 Reserve) and matching funds provided or authorized by CITY under Title 23, United States Code (USC), and the Oregon Action Plan. All cost overruns beyond the amount shown in contract contingencies are the _ responsibility of CITY and COUNTY and will require approval from both City and County. Current contingencies estimate is $69,000. In no case will the combined amount of $2,395,000 be exceeded without approval from both COUNTY and CITY in the form of a supplement to this agreement entered into as mutually agreed upon by all parties to this agreement. CITY, COUNTY, and ODOT shall re-negotiate funding responsibilities if the contractor bids come in higher than estimated and push the project costs above $2,395,000 or if the contract overruns beyond the contract amount. In no case shall any PROJECT costs be funded with State Highway funds. RECITAL Paragraphs No. 7 and 8 shall be added as follows: "7. ODOT and. Washington County entered into agreement No. 6304 on November 16, 1977 for the installation of traffic control signals at the north and southbound ramp terminals of Beaverton-Tigard Highway and Greenburg Road. Said agreement. shall be replaced by this agreement 2 M. C. &A. NO. 1'34:89 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD and maintenance and power responsibilities are being revised with this agreement. 8. The Standard Provisions attached hereto, marked Attachment 2, are by this reference made a part hereof. The Standard Provisions apply to all federal aid projects and may be modified only by the ODOT, COUNTY, AND CITY OBLIGATIONS of this agreement and supplements to this agreement. The parties hereto. mutually agree to the terms and conditions set forth in Attachment 2. In the event of a conflict, this agreement shall control over the attachment, and ODOT, COUNTY, and CITY OBLIGATIONS shall control over Attachment 2. For the purpose of this PROJECT only, references in Attachment 2 to "Agency" shall pertain to CITY as this PROJECT is partially financed with CITY's allocated federal funds." ODOT OBLIGATIONS Paragraph No. 1 which reads as follows: 1. ODOT shall, at PROJECT expense, conduct the necessary field surveys and traffic investigations; and perform all preliminary engineering and design work required to produce plans, specifications and estimates." Shall be amended to read: 1. ODOT shall, at PROJECT expense, conduct the necessary field surveys and traffic investigations; perform all preliminary engineering and design work required to produce plans, specifications and estimates; be responsible for the monitoring of the acquisition of necessary right-of- way (right-of-way issues are to be further addressed in a supplemental Right-of-Way Services agreement); advertise for bid proposals, award all contracts, pay all contractor costs, furnish all construction engineering, materials testing and technical inspection, conduct all right- of-way survey and monumentation, and provide PROJECT management services for administration of the contract." ODOT OBLIGATIONS Paragraph No. 2 which reads as follows: 3 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD "2. ODOT shall, upon execution of this agreement, request COUNTY to forward an advance deposit for the full estimated cost ($215,000) to design this PROJECT." Shall be amended to read: "2. ODOT shall, upon .execution of this agreement, request COUNTY to forward an advance deposit for the full estimated cost ($250,000) to design this PROJECT. ODOT will request the advance of remaining funds from COUNTY and CITY prior to the advertisement Iof the PROJECT. Said remaining funds are to be used to finance the construction and final monumentation of the PROJECT (with the exception of Right-of-way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT expense). When the actual total cost of the project has been computed, ODOT shall furnish CITY and . COUNTY with itemized statements of final costs. CITY and COUNTY shall pay any amount which, when added to said advance deposit, will equal 100% of the final total actual cost. Any portion of deposits made in excess of the final total costs of project shall be released to CITY and COUNTY accordingly. PROJECT costs are not to exceed a total of $2,395,000 without prior approval from both COUNTY and CITY and a fully executed supplement to this agreement." ODOT OBLIGATIONS Paragraph No. 3 which reads as follows "3. ODOT shall compile accurate cost accounting records and furnish COUNTY with monthly itemized statements of said preliminary engineering and design costs." Shall be amended to read: ."3. ODOT shall compile accurate cost accounting records and furnish COUNTY and CITY with monthly itemized statements of said preliminary engineering, design, right-of-way monitoring, and construction costs. COUNTY and/or CITY may request a statement of costs to date at any time by submitting a written request." ODOT OBLIGATIONS Paragraph No. 4 which reads as follows: 4 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD "4. ODOT shall, upon execution of this agreement, provide a schedule for preliminary engineering and design work. _The schedule will be reviewed and approved by COUNTY and CITY prior to commencing work on the PROJECT. The $215,000 cost for PROJECT preliminary engineering and design work is fixed. Any changes to the schedule or cost estimate identified by any party to this agreement must be reviewed and approved by the other parties to this agreement.. A new schedule and cost estimate, as needed, will be prov._ided by ODOT. A supplement to this-agreement will be required for any PROJECT cost increase above $215,000." Shall be amended to read: "4. ODOT shall, upon execution of this agreement, provide a schedule for preliminary engineering and design work. The schedule will be reviewed and approved by COUNTY and CITY prior to commencing work on the PROJECT. The $250;000 cost for PROJECT preliminary engineering and design work is fixed. Any changes to the schedule or cost estimate identified by any party to this agreement must be reviewed and approved by the other parties to this agreement. A new schedule and cost estimate, as needed, will be provided by ODOT. A supplement to this agreement will be required for any PROJECT preliminary engineering or design cost increase above $250,000." ODOT OBLIGATIONS Paragraphs No..5, 6, 7, & 8 shall be added as follows: "5. ODOT shall name COUNTY and CITY in the construction contract and performance bond as a beneficiary of said documents, expressly entitled to independently enforce their terms directly against the contractor and surety. ODOT shall specify that COUNTY, its Commissioners, employees and agents; and the CITY its elected officials, employees, and,agents shall be named as 'additionally insured' in all insurance documents. 6. ODOT shall provide COUNTY and CITY with a,minimum of three weeks to review and comment on the design and estimates, at completion of preliminary engineering and prior to completion of final design. 5 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD 7. ODOT shall, upon PROJECT completion and at its own expense, remain responsible for maintaining the structural- integrity of the Greenburg Road structure crossing over- Beaverton_. Tigard Hwy. ODOT shall perform signal and ramp meter maintenance and operation of the north and southbound ramp terminals, all illumination installed within the interchange access control limits and any traffic signal interties related to the PROJECT. ODOT shall retain complete control of the timing established for operation of the PROJECT traffic signals. Any requests for. changes in the traffic signal timing will be subject to review and approval by ODOT. 8. ODOT shall bill COUNTY annually for 50 percent of power and maintenance costs associated with the traffic signals and related illumination at the north and southbound ramp terminals." COUNTY OBLIGATIONS Paragraph No. 1 which reads as follows: 1. The COUNTY hereby grants ODOT the exclusive right to enter onto and occupy COUNTY right-of-way for the performance of the preliminary engineering and surveying, associated with the PROJECT. " Shall be amended to read: "1. COUNTY hereby grants ODOT the exclusive right to enter onto and occupy its COUNTY right-of-way for the performance of the preliminary engineering, surveying, inspection, construction, monumentation and installation of the improvements as outlined herein associated with the PROJECT." COUNTY OBLIGATIONS Paragraph No. 2 which reads as follows: "2. The COUNTY shall, upon execution of this agreement and notification from ODOT, forward to ODOT a maximum of$215,000 for the estimated costs of preliminary engineering and design of the PROJECT. Additional advance deposit requests will not be made without a supplement to this agreement." Shall be amended to read as follows: 6 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD "2. The COUNTY shall, upon execution of this agreement and notification from ODOT, forward to ODOT a maximum of$250,000 for the estimated costs of preliminary engineering and design of the PROJECT. COUNTY will forward an advance of remaining COUNTY funds prior to the scheduled advertisement of the PROJECT. Said remaining funds are to be used to finance the construction and final monumentation of the PROJECT (with the exception of Right-of-way acquisition estimated at $50,000 which will be conducted by COUNTY at PROJECT' expense). No contracts shall be awarded until said deposits have been received by ODOT. A supplement to this agreement will be required if the total cost for design, construction, right-of-way acquisition, and monumentation of this PROJECT is to exceed $2,395,000. COUNTY agrees to renegotiate funding responsibilities with CITY if the contractor'bids come in higher than estimated and push the project costs above $2,395,000 or if the contract overruns beyond the contract amount. COUNTY agrees to make additional deposits as needed upon request from ODOT." COUNTY OBLIGATIONS Paragraphs No.5, 6, 7, 8 & 9 shall be added as follows: "5. The COUNTY shall, within three weeks, review and approve, the PROJECT plans and specifications. 6. The COUNTY shall, upon completion of the PROJECT, continue to maintain all roadway and right-of-way within its jurisdiction at its own expense including the roadway surface of the structure crossing over Beaverton - Tigard Highway. County shall also be responsible for all landscaping and irrigation and all traffic signals and illumination beyond the limits of the Greenburg Road interchange. 7. The COUNTY shall, upon completion of the PROJECT, reimburse ODOT annually for 50 percent of all electrical power and maintenance costs of the traffic signals and associated illumination located at the north and southbound ramp terminals of the interchange. . Maintenance and power responsibilities for all other PROJECT traffic signals and illumination is to be determined by COUNTY and CITY. 7 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD 8. COUNTY acknowledges the effect and. scope of ORS 105.755 and agrees that all acts necessary to complete construction of the PROJECT which may alter or change the grade of-existing COUNTY roads are being accomplished at the,direct request of the COUNTY." 9. The COUNTY shall, at PROJECT expense, obtain all Right-of-way necessary for the PROJECT (estimated at $50,000): Said acquisition will be monitored by ODOT and will be addressed further in a supplemental Right-of-way Services agreement. COUNTY agrees that right-of-way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policy Act of 1970, as amended, State's Right of Way Manual and the Code of Federal Regulations, Title 23, Part 74D and Title 49, Part 24. All projects must have . right-of-way certification coordinated through Region Right of Way offices (even for projects where no federal funds were used for right-of-way, but federal funds were used elsewhere on the project). COUNTY should contact ODOT's Region Right of Way office for additional information or clarification. COUNTY shall enter into and execute this supplemental agreement during a duly authorized session of its Board of Commissioners. i CITY OBLIGATIONS Paragraph No. 1 which reads as follows: 1. CITY hereby grants ODOT the exclusive right to enter onto and occupy its CITY right-of-way for the performance of the preliminary engineering, surveying, inspection, construction and installation of the improvements as outlined herein associated with the PROJECT." Shall be change to read: 1. CITY hereby grants ODOT the.exclusive right to enter onto and occupy its CITY right-of-way for the performance of the preliminary engineering, surveying, inspection, construction, monumentation and installation of the improvements as outlined herein associated with the PROJECT." 8 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD CITY OBLIGATIONS Paragraphs No. 3, 4, 5, & 6 shall be added as follows: "3. CITY shall within three weeks review and-approve the PROJECT plans and specifications, and promptly issue necessary CITY required permits (at no expense to PROJECT or ODOT). 4. CITY shall, upon notification by ODOT, forward an advance deposit for its share of the project construction and monumentation costs. For the advance deposit, CITY shall provide_$41,080 in local match and will authorize ODOT the use of$358,920 in CITY'S STP funds. A supplement to this agreement will be required if the total cost for design, construction, right-of-way acquisition, and monumentation of this PROJECT is to exceed $2,395,000. ODOT will not award any contracts prior to receipt of said deposits. 5. CITY shall,; upon completion of the PROJECT, continue to maintain all roadway and right-of-way within its jurisdiction- at its own expense including all landscaping, irrigation, drainage and all pavement surrounding vehicle detector loops. 6. CITY by execution of this agreement, does hereby give its consent as required by ORS 373.030(2) to any and all changes of grade within the CITY limits, if any there be, in connection with or arising out of the PROJECT covered by this agreement. City, hereby accepts responsibility for all claims for damages from said grade changes." CITY shall enter into and execute this agreement during an official meeting of its City Council. GENERAL PROVISIONS Paragraph No. 1 which reads as follows: 1. ODOT standards shall be used when designing any portion of the PROJECT within ODOT right-of-way." Shall be amended to read: 9 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 .WASHINGTON COUNTY CITY OF TIGARD 1. All federal requirements must be met for each phase of the PROJECT as federal funds will be used on certain elements and phases of the PROJECT. GENERAL PROVISIONS Paragraphs No. 3 ,4, 5, 6, 7, 8 & 9 shall be added as follows: "3. ODOT, COUNTY and CITY agree and understand that a mutual review of the PROJECT plans and specifications will be conducted prior to ODOT's advertisement for construction-bid proposals. 4. CITY and COUNTY guarantee the availability of CITY and COUNTY funding in an amount required to fully fund the project. CITY and COUNTY further guarantee that adequate funds are available prior to advertisement for bids to accommodate 110 percent of the engineer's estimate. 5. ODOT's new access control limits will run along Greenburg Road from Washington Square Road to Cascade Blvd. If right-of-way is purchased for the PROJECT within these limits, it will also include access control. In the areas not requiring right-of-way purchase, CITY and COUNTY agree to not issue any new access permits to Greenburg Road and will look for opportunities to close existing accesses when redevelopment occurs. 6. This supplemental agreement shall become effective upon execution of this agreement by all parties. 7. This agreement may be terminated by mutual consent of all parties upon 30 days notice, in writing and delivered by certified mail or in person. ODOT may terminate this agreement effective upon delivery of written notice to COUNTY and CITY, or at such later date as may be established by ODOT, under any of the following conditions, but not limited to these conditions. 10 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD a. If COUNTY or CITY fails to provide services called for ,by this agreement within the time specified herein or any extension thereof. b. If COUNTY or 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 ODOT fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 8. All parties 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 279.312,279.314, 279.316, 279.320, and 279.555, which hereby are incorporated by reference. Without limiting the generality of the foregoing, the parties expressly agree to comply with (I)-Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Acts of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rule established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. 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 tshall 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 11 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD 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." 12 M. C. &A. NO. 13489 SUPPLEMENT NO. 1 WASHINGTON COUNTY CITY OF TIGARD IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals --as of the day and year hereinafter written. This PROJECT was approved by the Oregon Transportation Commission as a part of the 1996-1998 Transportation Improvement Program on page 47 (City's use of STP funds) and on page 49. On March 7, 1996 the Oregon Transportation Commission adopted Delegation Order 2, which grants authority to the Region Manager to approve and execute agreements for work in the current Statewide Transportation Improvement Program. APPROVAL RECOMMENDED STATE OF OREGON, by and through its;2 De klmzzao,,� By Regi Project Delivery Mgr. Region anager By Stat Tffic Engineer Date -- ?.-`f .07 REV7:K OR ODOT, WASHINGTON COUNTY, by and through its By I/" Elected Officials Assistant Attorney General 9��j? By Chairman Byz8a,44am APPROVED A§TO LEGAL SUFFICIENCY Recording Ccretary By LL % Date q-12- -ell County Counsel CITY O TIGARD, by and ugh its Elected Officia APPROVED AS TO LEGAL SUFFICIENCY By k, I City Mayor I City Attorney By City Recorder 13 Date — APPROVED WASHINGTON BOARD OF COMMISSIONER$ MINUTE ORDER 0 ....9./..��...�..�7f...se.aawe. DATE ........................ ..�iY....lwlue�neuwe . .; FS Nrrctw SM mw cr �:.. x N. LiRi ER_ SW SM 01RCN 3 .s CEDARCRESfi ST '< sN c!Ni g Ap s 1Q / a 6 SW � e CEDARCREST` ST is• :' 0 _ '�`- .--_' A urNtor w ac € A � � 1 1`I `.. I ST < g r o < WASHINGTON SOUARE q 600ay 8200 7900 rl I. 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SW TEG SW N CEN r u 1 1 Q' '< 87 SW d�'< ' � MCDONALD ST If {{ -..roriuiu 'C�a�Iyt --I----r 1 i�l ^1� �a ' ST ri pu sii Eek sW ST > SW ELROSE CT S COLONY-CREEK-CTS i n'1 SW W FANIIO EE1 sYAv1M ssr,t uKmur i` - - I J-� < 3181 SW fl it �.' (— '- '$sW NCF' IAN MOUNTAINYIEW LN fit, M r i SW , I T I- A s u Efv YEW ER 3t G Yt EW, SW GREEn5i1nA6 ix< g tv m 1 x Cwrt ! 1�f p d TTN CT KR{E LT r I J E ..��`� >'1 f cr .' 9'n T o r ,uRoaR r�P� IN a a ST j° 91 INE sr A �."SW d $r ! BON ITA IBJ ' IMO NT I N EVANGLE P sW P K S r `Q p L.,.f A sN RD cr 000 a CEN SS d d°( ir<7CT'. u 4 a ,,nnnP c7 g _ .Ip HC d T ATTACHMENT NO. 2 STANDARD PROVISIONS , JOINT OBLIGATIONS PROTECT ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, and Agency hereby agrees that State. shall have full authority to carry out this administration. If requested by Agency, State will further act for the Agency in other matters pertaining to the project. State and Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases for all projects. Any project that uses federal funds, in project development, is subject to PS&E review and approval by FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. !.F &CONSTRUCTION ENGINEERING 2. Preliminary and construction engineering may be performed by State, Agency,'or others. If Agency, or others, perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that " Agency elects to engage the services of a consultant to perform any of the work covered by this agreement, Agency and Consultant shall enter into an agreement describing-the work to be performed and the method of payment. State shall concur in the agreement prior to the beginning of any work. No reimbursement shall be . made using federal-aid funds for any costs incurred by such Consultant prior to receiving authorization from State to proceed. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency agrees to accept all responsibility for and defend lawsuits involving tort claims, contract claims,.or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. Revised: 04/20/93 LJW026c.th#3 REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT: 3. If as a condition of assistance the Agency has submitted and the U..S. Department of Transportation has approved a Minority Business Enterprise Affirmative Action Program which the Agency. agrees to carry out, this affirmative action program.is incorporated into this financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated' as a violation of .this financial assistance .agreement. Upon notification to the Agency of its failure to carry out the approved program, the U.S. Department of Transportation shall impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the Agency to obtain future U.S. Department of Transportation financial assistance. The Agency further agrees to comply with all applicable Civil Rights Laws, Rules and Regulations, including Section 504. of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Act. 4. The parties hereto agree and understand that they will comply with all applicable statutes and regulations, including but not limited to Title 49 CFR, Parts 23 and 90, Audits of State and Local Governments;Title 41, USC, Anti-Kickback Act; Title 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1987; provisions of Federal-Aid Policy Guide (FAPG), Title 23 Code of Federal Regulations .(23 CFR) 1.11, 710, and 140; and the Oregon Action Plan. STATE OBLIGATIONS PROGRAM REQUEST 5. State shall submit a program to the FHWA with a request for approval of federal-aid participation in all engineering, right-of-way acquisition, eligible utility relocations and construction work for the project. NO WORK SHALL PROCEED ON ANY ACTIVITY IN WHICH FEDERAL-AID PARTICIPATION IS DESIRED UNTIL•SUCH APPROVAL HAS BEEN OBTAINED. The program shall include services to be provided by State, Agency or others. State shall notify Agency in writing when authorization to proceed has been received from the FHWA. Major responsibility for the various phases of the project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations, and the Oregon Action Plan. Revised: 04/20/93 2 LJW026c.th#3 AUTHORITY FOR SURVEY 6. State shall prepare an .Authority for Survey which will itemize the estimate of cost for preliminary engineering,services to be provided by State, Agency or others, and shall furnish Agency with a copy of such cost estimate. . FINANCE 7. State shall, in the first instance, pay all reimbursable costs of. the project, submit all claims for federal-aid participation to the FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to.date, at anytime, by submitting a written request. When the actual total cost of the project has been computed, State.shall furnish Agency with an itemized statement of such final costs. PROTECT ACTIVITIES 8. State shall, if the work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. State shall prepare contract and bidding documents, advertise for bid proposals, award all contracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the project.., The actual cost of laboratory testing services provided by State will be charged to the project construction engineering expenditure account and will be included in the total cost of the project. FREE BRIDGE DMIGN 9. State shall, as provided in ORS 366.155(h), prepare plans and specifications for the structure portion only of bridges and culverts at no expense to the counties. RIGHT-OF-WAY 10. State is responsible 'for acquisition of the necessary right-of-way and easements for construction and maintenance of the.project. Agency may request to perform the acquisition functions, subject to execution of a written agreement. State Revised: 04/20/93 LJW026c.th#3 3 shall review all right-of-way activities engaged in by Agency to assure compliance with applicable laws and regulations. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations which. are in effect at the time of disposition. Reimbursement to State of the required proportionate share of the fair market value may be required. AGENCY OBLIGATIONS FINANCE 11. Agency shall, prior to the commencement of the preliminary engineering and right-of-way acquisition phases, deposit with State its estimated share of each phase. Agency's share of construction will be deposited in two parts. The initial deposit will represent 65 percent of the Agency's share, based on the engineer's estimate, and will be requested three weeks prior to opening bids on the project. Upon award of the contract, the balance of.the applicant's share will be requested. Collection of advance deposits amounting to less than $2,500 for the P.E. and . .R/W phase of the project will be postponed until collectively the amount exceeds ' $2,500 or until the collection of the advance deposit for construction is required. Pursuant to ORS 366.425, the advance deposit may be in the form of 1)'money deposited in the State Treasury (an option of which may be a deposit in the Local Government Investment Pool accompanied by an.Irrevocable Limited Power of Attorney ), or 2) an Irrevocable Letter of Credit-issued by a local bank in the name of State. 12. Agency shall present properly certified bills for 100 percent of actual costs incurred by Agency on behalf of the project directly to State's Liaison Person for review and approval. Such bills shall be in a form acceptable to State and documented in such a manner as to be easily verified. Billings shall be presented for periods of not less than one month duration, based on actual expenses to date. All billings received from Agency must be approved by State's.Liaison Person prior to presentation to Highway Division Accounting for payment. Agency's actual costs eligible for federal-aid participation shall be those allowable under the provisions of FAPG, 23 CFR 111, 710, and 140. Final billings shall be submitted to State for Revised: 04/20/93 QW026c.1h N3 .4 processing within six.months from date that costs were incurred. Partial billing (progress payment) shall be submitted to State within three months from date that costs incurred. 13. The costs records and accounts pertaining to the work covered by this agreement are to be kept available for inspection by representatives of State and the FHWA for a period of,three (3) years following the date of final payment. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (49 CRF 18.42). This agreement is subject to the provisions of the Single Audit Act of 1984 (49 CFR, Part 90) as stated in Circular A-128 of the United States Office of Management and Budget. PROJECT CANCELLATION 14: Agency agrees that should they cause the project to be canceled or terminated for any reason prior to its completion, Agency shall reimburse..State for any costs that have been'incurred by State on behalf of the project. DELAYED STARTING DATE * 15. In the event that right-of-way acquisition for, or actual construction of the facility for which this preliminary engineering is undertaken is not started by the close of the TENTH FISCAL YEAR following the fiscal year in which this agreement is executed, State may request reimbursement of the sum or sums of Federal-Aid funds disbursed to Agency-under the terms-of this agreement. tJ'1'ILNIH5 * 16. Agency shall relocate or cause to be relocated, all utility conduits, lines, poles, mains, pipes, .and such other facilities where such relocation is necessary in order to conform said utilities and facilities with the plans and ultimate requirements of the project. Only those utility relocations which are eligible for federal-aid participation.under the FAPG, 23 GFR 645A, shall be included in the total project costs and participation; all other utility relocations shall be at the sole expense of Agency, or others.. State will arrangefor utility adjustments in areas lying within jurisdiction of State and, if State is performing the preliminary engineering. Agency may request State to arrange for utility adjustments lying within Agency jurisdiction, acting on behalf of Agency. Revised. 04/20/93 LIW026cth#3 5 1 Agency shall, five weeks prior to the opening of construction bid proposals, furnish State with an estimate of cost for eligible reimbursable utility relocations, based on the plans for the project. Agency shall notify State's.Liaison Person.prior to proceeding with any utility relocation work in order that the work may be properly coordinated into the project and receive the proper authorization. CONSTRUCTION 17. Design Standards for all projects shall meet the requirements of the Intermodal Surface Transportation Efficiency Act of 1991. In addition, all projects on the Oregon State Highway System'shall be in compliance to Standards specified in the current ODOT Highway Design Manual and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the project shall be in substantial compliance with the most current Oregon Standard:S=cifications for Highway Construction. GRADE CHANGE LIABILITY 18. Agency, if;a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the project which may alter or change the grade of existing county roads are being accomplished at -the direct request of the County. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. CONTRACTOR CLAIMS 19. Agency shall provide legal defense against all claims brought by the contractor, or others, resulting from Agency's failure to comply with the terms of this agreement. MAINTENANCE RESPONSIBILITIES * 20. Agency shall, upon completion of construction, thereafter maintain and operate the project at its own cost and expense, and in a manner satisfactory to State and the SHWA. Revised: 04/20/93 LJW026c.th#3 6 1 WORKERS' COMPENSATION COVERAGE 21. The contractor, its subcontractors, if any, and all employers working under this (Agreement/Contract) are subject employers under the Oregon Workers' Compensation Law and shall coymplwith ORS 656.017, which requires thern to provide Workers' Compensation coverage for, all their subject workers. LOBBYING RESTRICTIONS 22. Agency certifies by signing this agreement that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection.with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federalcontract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid:to any person for influencing or attempting to influence an officer or employee of any Federal agency, a.Member of Congress, an officer or employee of Congress,. or an employee of. a Member of Congress in connection with this Federal, contract, grant,: loan, or cooperative agreement,I the undersigned shall complete and, submit Standard Form-LLL, ";Disclosure Form to Report, Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans; and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification_is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification 'is a prerequisite for .making or entering into this. transaction imposed by Section 1352, U.S. Code., Revised: 04/20/93 L]W026c.th N3 7 Anyerson who fails to file the r uired certification shall be p � subject to.a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Paragraphs 15, 16, and 20 are not applicable to any local agency on state highway projects. Revised: 04/20/93 LJW026c.th#3 8 Uregon October 3,1995 �u •, ��u-s('�.s DEPARTMENT OF Washington County TRANSPORTATION Dept. of Land Use and Transportation Attn: Gregg Miller 155 North First Avenue, Suite 350 Hillsboro, OR 97124 FILE CODE: City of Tigard AGR Attn: Catherine Wheatley 13125 SW Hall Blvd. Tigard,OR 97223 Attached for your records is a fully executed copy of an agreement covering preliminary engineering to widen Greenburg Road where it crosses the Beaverton- Tigard Highway to two through lanes in each direction plus other improvements. We have retained a fully executed copy of this agreement for the Department of Transportation's files. Fran Neavoll, Agreement Specialist Contracts Unit Program Services Attachment Washington Co. (2 Original Agreements) City of Tigard (1 Original Agreement) FN084.lw Rev. 4/28/95 Transportation Building 734-3122(1-93) Salem,OR 97310 Misc. Contracts and Agreements No. 13489 SCC q S—�1K10 COOPERATIVE IMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING 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; WASHINGTON COUNTY, a political subdivision of the State of Oregon, acting by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; and the CITY OF TIGARD, also a municipal corporation of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "CITY". WITNESSETH RECITALS 1. The Beaverton -Tigard Highway (Oregon 217), is a part of the state highway system Under the jurisdiction and control of the Oregon Transportation Commission. SW Greenburg Road north of SW Oak Street is a COUNTY road under jurisdiction and control of Washington County. SW Oak Street, SW Shady Lane, and SW Greenburg Road south of Beaverton -Tigard Hwy. are City of Tigard facilities. 2. By the authority granted in ORS 366.770, and 366.775, ODOT may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. Under such authority and for the purpose of providing acceptable traffic patterns on public highways, COUNTY and CITY have requested ODOT to widen Greenburg Road where it crosses Beaverton - Tigard Hwy. to two through lanes in each direction plus other associated improvements necessary for the smooth flow of traffic, hereinafter referred to as "PROJECT'. The location of the PROJECT is . approximately as shown on the map attached hereto, marked "Exhibit A", and by this reference made a part hereof. This agreement covers only the preliminary engineering and design portion of the project. 4. The PROJECT preliminary engineering and design will be financed with a maximum of $215,000 in MSTIP (Major Street Transportation Improvement Program) funds provided by COUNTY and at no cost to ODOT or CITY: 5. By the authority granted in ORS 366.425, ODOT may accept deposits of money, or an irrevocable letter of credit, from any county, city, person, firm or corporation for M.•C. &A. NO. 13489 WASHINGTON COUNTY CITY OF TIGARD the performance of work on any public highway within ODOT. When said money or a letter of credit is deposited, ODOT shall proceed with the PROJECT. Money so deposited shall be disbursed for the purpose for which it was deposited. 6. By the authority granted in ORS 810.210, ODOT 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 ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any State highway by any authority other than ODOT, except with its written approval. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: ODOT OBLIGATIONS 1. ODOT shall, at PROJECT expense, conduct the necessary field surveys and traffic investigations; and perform all preliminary engineering and design work required to produce plans, specifications and estimates. 2. ODOT shall, upon execution of this agreement, request COUNTY to forward an advance deposit for the full.estimated cost ($215,000) to design this PROJECT. 3. ODOT shall compile accurate cost accounting records and furnish COUNTY with monthly itemized statements of said preliminary engineering and design costs. 4. ODOT shall, upon execution of this agreement, provide a schedule for preliminary engineering and design work. The schedule will be reviewed and approved by County and CITY prior to commencing work on the PROJECT. The $215,000 cost for PROJECT preliminary engineering and design work is fixed. Any changes to the schedule or cost estimate identified by any party to this agreement must be reviewed and approved by the other parties to this agreement. A-new schedule and cost estimate, as needed, will be provided by ODOT. A supplement to this agreement will be requiredfor any PROJECT cost increase above $215,000. 2 • M. C. &A. NO. 13489 WASHINGTON COUNTY CITY OF TIGARD COUNTY OBLIGATIONS 1 The COUNTY hereby grants ODOT the exclusive right to enter onto and occupy COUNTY right-of-way for the performance of the preliminary engineering and surveying, associated with the PROJECT. 2. The COUNTY shall, upon execution of this agreement and notification from ODOT, forward to ODOT a maximum of $215,000 for the estimated costs of preliminary engineering and design of the PROJECT. Additional advance deposit requests will not be made without a supplement to this agreement. 3. County shall identify and obtain all project required permits at its own expense. 4. The COUNTY shall authorize execution of this agreement during a regularly or specially convened session of its Board of Commissioners. CITY OBLIGATIONS 1. CITY hereby grants ODOT the exclusive right to enter onto and occupy its city right- of-way for the performance of the preliminary engineering and surveying associated with the PROJECT. 2. CITY shall authorize execution of this agreement during a regularly or specially convened public session of its City Council. GENERAL PROVISIONS 1. ODOT standards shall be used when designing any portion of the PROJECT within ODOT right-of-way. 2. The contractor, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS .656.017, which requires them to provide workers' compensation coverage for all their subject workers. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. 3 M.JC. &A. NO. 13489 WASHINGTON COUNTY CITY OF TIGARD On April 12, 1'995 the Oregon Transportation Commission adopted.Delegation Order 2, which became effective May 1„ 1995. The order grants authority to the Region Manager to approve and execute agreements for work,involving day-to-day operations. STATE OF OREGON, by and through its Department of Transportation APPROVAL RECOMMENDED: By: 0. �: By: Re ion Engi eering Manager Region Manager By: Date: State Traffic Engineer WASHINGTON COUNTY, by and APPROV AS TO through its Board of County LEGAL FF CIENC Commissioners .yam Asst. Attorney General Chairman Date: �Il Z V�� Date: APPROVED AS TO CITY OF TIGARD, by and ugh its LEGAL SUFFICIENCY Elected fficials B By Cou Counsel Mayor By By Gtr City Counsel Recorder -r;54,.d Rps it Date �la.3l4i APPROVED WASHINGTON COUNTY BOARD OF COMppMISSIONERS MINUTE ORDER N .......r( ,„, DATE.. ...............UL ....... 9T x arakfi.. 4 !1 vu — -- — — FS nfrta vx «N M #a d SW Ta[ SW e�ST BtaGi IRH CEA WIOF R I SW 5'w CEDARCREST <S TC Z' v 3 > dg#tr 7900 WASHINGTON SQUARE �� 8600�y 8200 TNUT kwr < sW a ii ..7 sw �n � SHOP;M I r SW CH U I- HAWIESS LN Sw $ Idr am ry o F FN WF y a 8000 AMBINS ..'►. 4lAC: .,:a •I 1 mrtun SN dr •A• �' PIMLI �t ASN NILKE,vs .� nJz �` N S I o sw 45 80ROER5 ��` SW ELMW00[ CL 1 - d coTEk x s W i" w �yy �A a 9100 y 8800 ST y SW u~i ctn u"a° c eEa�s� �' CRESCENT y rn Q $7 a HEMLOL + ,� 9• ISM S d t� lE0. p wi RO d snm R ' 0 ,Ea PARK cof 9 F 0 900 ,� ! 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