ODOT - Construction (2 Projects - Scholls and Cascade) -6n
November 9, 1992' DEPARTMENT OF
TRANSPORTATION
CITY OF TIGARD T MICHAEL & ASSBC q—D
PO BOX 2339.7 JKS ARCHITEC�B`.
TI�GARD OR 97223 1620 SW TAY��.bbgF� ST - #200
PORTLAND-' '�9 7205 FILE CODE:
AGR
Attenti!on!: Catherine Wheatley Attent !o' Brian Roberts
City Recorder " ``
Attachedl for your records is a copy of an agreement covering
construction of the Southern Pacifi.c Railroad Crossing at the
Beaverton.-Tigard Highway Section of Scholls Highway with
construction of sidewalks along S.W. 'Cascade Avenue Project.
We have retained a copy .of this agreement for the Transporta-
tion Commission's fi'les:.
Fran Neavolll
COMMUNITY AND GOVERNMENTAL
RELATIONS
FKN/lls
Attachment
Transportation Building
731-0146(Rev.3-91) Salem,OR 97310
August 26, 1992 Misc . . Contracts & Agreements
No. 11231
COOPERATIVE PMPROVEMENT AGREEMENT
PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE
THIS AGREEMENT is made and . ente.red into by and between the STATE
OF OREGON, acting by and through its Department of
Transportation, Highway Division, hereinafter referred to as
"State"; T. MICHAEL AND ASSOCIATES, LTD. , who is authorized to
conduct business in the State of Oregon, acting by and through ,
its General Partners, hereinafter referred to as "Company" ; and
CITY OF TIGARD, a municipal corporation of the State of Oregon,
acting by and through its City Officials, hereinafter referred
to as "City" .
W I T N E S S E T H
RECITALS
1 . State is planning to construct the SPRR- xing - Beaverton
Tigard Hwy. section .of Scholls Highway. Company has requested
that the State also include construction of sidewalks along S.W.
Cascade Avenue (a City street) adjacent to Company' s property,
hereinafter referred to as "project" . Company' s preliminary
design for the sidewalks will be incorporated into the State' s
construction plans for the SPRR Xing - Beaverton Tigard Hwy.
work. The location of project is approximately as shown on. the
sketch map attached hereto, marked Exhibit A, and by this
reference made a part hereof. Project will be financed 100
percent by Company.
2. By the authority granted in 366.770 and 366.775, State 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. By the authority granted in ORS 366.425, State may accept
deposits of money, or an irrevocable letter of credit, from any
person, firm, or corporation for the performance—of work on any
public highway within the State. When said money or a letter of
credit is deposited, State shall proceed with the project.
Money so deposited shall be disbursed for the purpose for which
it was deposited.
NOW THEREFORE, the premises being in general as stated in the
foregoing RECITALS, it is agreed by and between the parties
hereto as follows:
B1192003
NOW
Contract No 11231
T. MICHAEL & ASSOCIATES, LTD.
STATE OBLIGATIONS
1 . State shall perform all design work required to produce
final plans, specifications and estimates; advertise. - let and
award the contract.; furnish all construction engineering,
material testing, technical inspection, and project manager
services for administration of the contract.
2. State shall compile accurate cost accounting records.
Company may request a statement of costs to date at anytime by
submitting a written request. ._, When the actual total cost of
services provided by State have been computed, State shall
furnish Company with an itemized statement of said final costs,
including preliminary and construction engineering and all
contingency items attributable to project.
CITY OBLIGATIONS
1 . City hereby grants State the right to enter onto and occupy'
City right-of-way for the performance of necessary construction
of the project.
2. City shall: authorize- execution of this agreement during a
regularly convened session of its City Council.
COMPANY OBLIGATIONS
1 . ` Company shall obtain all required permits, and perform all
preliminary engineering and design work required to produce
preliminary plans for the project.
2. Company shall, upon receipt of a fully executed copy of this
agreement, forward to State' s Region office (9002 S.E.
McLoughlin Blvd. , Milwaukie, Oregon 97222) an advance deposit in
the amount of $4,000, said amount being equal to the estimated
total cost of project construction. In the event that cost
overruns are identified during the course of the project, State
may request additional deposits.
3. Upon project completion and receipt from State of an
itemized statement of the actual total project cost including
preliminary engineering and construction, Company shall pay any
amount which, when added to Company's advance deposits, will
equal 100 percent of said project cost. Any portion of.. said
advance deposits which are in excess of said project cost will
be refunded or released to Company.
2
CONTRACT NO. 11231
T. MICHAEL & ASSOCIATES, LTD.
4. Company shall, upon completion of the project., accept
responsibility for maintaining sidewalks.
GENERAL PROVISIONS
1 . State, Company, and City agree and understand that a mutual
review of the project .plans and specifications will be conducted
prior to advertisement for construction bid proposals.
2, It is mutually understood that if State fails to construct
the project within one year from the date of this executed
agreement, Company may perform the required work and the terms
of this agreement will be null and void. Furthermore, all
deposits paid in advance by the ompany to the State shall be
returned to the Company in full upon Company' s completion of the
project.
3. The contractor, its subcontractors, if any, and all
employers working under this agreement are subject employers
under the Oregon Workers' 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 partie's hereto have set their hands and
affixed their seals as of the day and year hereinafter written.
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Contract No. 11231
T Michael & Associates, Ltd.
The SPRR xing-Beaverton Tigard Highway section of Scholls
Highway was. appro.ved by the Oregon Transportation Commission on
July 21, 1992 as part of the Six Year Transportation Improvement
Program.
The Oregon Transportation Commission, by a duly adopted
delegation order, authorized the State Highway Engineer to sign
this agreement for and on behalf of the Commission. Said
authority has been further delegated to the Manager of the
Program Section pursuant to Subdelegation Order HWY6 paragraph
12 .
APPROV DE STATE OF OREGON, by and through
its Department of Transportation,
By Highwa Divi o
Region Engineer
By
ProgramfSection Manager
Date JdZ31���1'�-
APPROVED- AS TO
LEG UFFICIE CY T. MICHAEL & ASSOCIATES, LTD.
By andEtkl
ough its Ge eral
ByU Par
Asst. Attorney Gen.
Date
�2 By
L�i/2(�
�
Title. General Partner
Date September 23, 1992
T. MICHAEL & ASSOC. , LTD.
Billing Address: CITY O TIGARD
By a krits City
T. Michael & Assoc. , Ltd. Off ci s
c/o Brian Roberts
JKS Architects B
1620 S.W. Taylor St. Tr
Suite 200
Portland., Oregon 97205 By
C"Tfy Reorder
Date 10113114
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1620 S.W.Tavlor Street • Suite 200• Portlrtland,Oregon 97201 s}iANE CO CRY STORE E x h i b'$ �®_ ,Ttl1 .
503.227.5616 • FAX 503.227.3590