ODOT - Street Signal (Hall Blvd/Wall St) Misc..Contracts &Agreements
No. 22,287
COOPERATIVE IMPROVEMENT AGREEMENT
Hall Blvd @ Wall Street Signal
Beaverton-Tualatin Highway
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. Hall.Boulevard, also known as the Beaverton-Tualatin Highway, is a part .of the. state
highway system under the jurisdiction and control of the Oregon Transportation Commission.
Wall Street 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.
3. By the authority granted°in ORS 810.210, ODOT is authorized to determine the character or.
type of traffic control devicesi 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. Traffic signal work on this
Project will conform to the current ODOT standards and specifications.
4. By the authority granted in ORS 366.4252 ODOT may accept deposits of money or an
irrevocable letter of credit from any county,city,road district,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, ODOT 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:
TERMS OF AGREEMENT
1. Under such authority, City agrees to construct and install a full vehicle and pedestrian
actuated traffic control signal at the intersection of Hall Boulevard, Beaverton-Tualatin
Highway and Wall Street, hereinafter referred to as "Project". The location of the Project is
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Agreement No: 22,287
City of Tigard
approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this
reference made a part hereof.
2. The Project shall be financed with City funds in an amount estimated at $200,000. The
estimate for the total Project cost is subject to change. City shall be responsible for any
nonparticipating costs, and 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.
CITY OBLIGATIONS
1. City shall, prior to advertising for contract bids; forward to ODOT copies of all plansand
specifications for the Project for review and concurrence. The intersection and signal design.
plans must be 7 approved by ODOT Office of the State Traffic.Engineer. District 2A shall'
coordinate all such review.
2. 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 2790.
3. 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.
4. City shall upon receipt of a fully executed copy of this Agreement and upon a subsequent
letter of request from ODOT, forward to ODOT an advance deposit or irrevocable letter of
credit in the amount of$15,000.00 for the Project, said amount being equal to the estimated
total cost for the work performed by ODOT. City agrees to make additional deposits as
needed upon request from ODOT. Depending upon the timing of portions of the Project to
which the advance deposit contributes, it may be requested by ODOT prior to Preliminary
Engineering, purchase of right-of-way, or approximately 4-6 weeks prior to Project bid
opening.
5. Upon completion of the Project and receipt from ODOT of an itemized statement of the
actual total cost of ODOT's participation for the Project, City shallpay any amount which,
when added to City's advance deposit, will equal 100 percent of actual total ODOT costs for
the Project. Any portion of said advance deposit which is in excess of the ODOT's total
costs will be refunded or released to City.
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Agreement No. 22,287
City of Tigard
6. City shall lay out and paint the necessary lane lines and erect the required directional and
traffic control signing for the Project.
7. 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, or utility owners other
than the City.
8. City is responsible for and insures that all Project right-of-way monumentation will be
conducted in conformance with ORS 209.150.
9. City shall be responsible for all power costs for the Project including illumination. The City
shall pay all power costs directly to the power company. The power company shall send
power bills directly to City. City shall perform all.maintenance on the Project illumination.
:ODOT shall perform all other maintenance for.`the Project and bill City for 100% of the cost.
of said maintenance.
10. City shall reimburse ODOT for maintenancel costs associated with Project.
11. City shall, upon completion of the Project and at its own expense; maintain the pavement
surrounding the vehicle detector loops installed in the City roads in such a manner as .to
provide adequate protection for said detector loops. Failure to adequately protect said
detector loops from City roadwork or other activities may result in ODOT requiring City to
repair or replace the damaged loops at City expense. City shall also adequately maintain the
pavement markings and signing installed in accordance with current ODOT standards.
12. 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.
13. 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
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.
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Agreement No. 22,287
City of Tigard
14. 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, which hereby
are incorporated by reference. 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.
15. City or its consultant shall acquire all necessary rights-of-way according to State Right of
Way Manual, Chapter 13, Policy 13.120. Certification of right of way acquisition work must
be made by the City(or on behalf of its consultant)doing the work. If City acquires the right
of way, they shall provide a letter from City's legal counsel certifying that 1)the right of way
needed for the Project has been obtained and 2).right of way acquisition has been completed
in accordance with the right of way requirements contained in this Agreement. The
certification form.shall be routed through the ODOT-.Region 1 Right of Way Office for co-
signature and possible audit. If City elects to have ODOT perform.R/W functions, a separate
agreement shall be executed between City and ODOT R/W, referencing this Agreement
number.
16. City will strictly follow the rules; policies and procedures of the "Uniform Relocation
Assistance and Real Property Acquisition Policy Act of.1970" as amended; ORS Chapter 35,
State of Oregon Right of Way Manual, and.Federal Highway Administration Federal Aid
Policy Guide.
17. 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.
18.Notwithstanding the foregoing defense obligations under paragraph 17 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 City is prohibited from defending the State of
Oregon, or that City 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.
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Agreement No. 22,287
City of Tigard
19. City shall require its contractor to indemnify ODOT and name ODOT as a third party
beneficiary of the resulting contract 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 $1,000,0.00 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.
20. City shall authorize execution of this Agreement during.,a regularly convened session of its
City Council.
21. 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.
22. City may change the foregoing Project Manager and address-by giving prior written notice to
ODOT at its notice address.
23.Upon completion of the Project, City shall submit three sets of"As Constructed"drawings to
Sam Hunaidi at ODOT's District 2A office. One set shall be half size 11"x17" mylars, the
remaining sets shall be half size(11"x 17")prints.
ODOT OBLIGATIONS
1. ODOT shall, at Project expense, conduct plan review, signal inspections, illumination testing
inspections, Project approval/concurrence, Project inspection, signal turn-on and technical.
expertise as requested.
2. ODOT shall, upon execution of the agreement, forward to City-a letter of request for an
advance deposit or irrevocable letter of credit in the amount of$15,000.00 for payment of the
work performed by ODOT. Requests for additional deposits shall be accompanied by an
itemized statement of expenditures and an estimated cost to complete Project.
3. ODOT hereby grants the City permission to access ODOT right of way. for Project
construction and on-going maintenance responsibilities.
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Agreement No. 22,287
City of Tigard
4. ODOT and City shall conduct 'a mutual review of this Agreement, and Project plans and
specifications prior to avertisement for constructionbid proposals.
5. ODOT shall retain all utility and access permit-issuing authority along the state highway.
6. Upon completion of the Project, ODOT shall either send to City a bill for the amount which,
when added to City's advance deposit, will equal 100 percent of the total ODOT costs for
work performed or ODOT will refund to City any portion of said advance deposit which is in
excess of the total ODOT costs for Project.
7. Upon completion of the Project ODOT shall assume ownership of Project traffic signal
equipment. ODOT is not responsible for Project power or maintenance costs. ODOT shall
perform signal turn-on and the maintenance and bill City for 100%of the cost of said turn-on
and maintenance.
8.. ODOT's Project Manager for this Project is Sam Hunaidi, ODOT:District 2A Assistant
District Manager, 5440 SW Westgate Driver, Ste. 350,Portland, OR.97221, Phone: 503-229=
5002-.
9. ODOT may change the foregoing Project Manager and address by giving prior written"notice
to City 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
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Agreement No. 22,287
City of Tigard
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.
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 Transportations Improvement Program
or a line item in the biennial budget approved by the Commission.
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• Agreement No. 22,287
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,Highways 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 aline 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
By By -
City M ager Deputy a tor,Highways
Date
Date
t APPROVAL RECOMMENDED
Title < ,A
By
Date v Technical Services Manager/Chief
Engineer
APPROVED AS TO LEGAL SUFFICIENCY
_ V Date
By .
City Counsel By
State Traffic Engineer
Date
Date 7 /s
APPRO D AS TO LE AL SUFFICIENCY
e By
By "'� d -� Region 1 Man ger
Assistant Attorney General
Date
Date: ;
By
District 2A Manager
Date
8
Aur 29 2005 9:42
FIPR-29-2005 08 41 REGION 1 PROJECT SERVICES 503 731 8215 P.02
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M.C:&A.No.22,287
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Theodore R.Kulongoski,Guy error Procurement Office
—9 455 Airport Rd. SE, Bldg. K
' Salem, OR 97301-5348
503-986-6911
July 19, 2005 ,_
City of Tigard D F C P-
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13125 SW Hall Blvd.
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Tigard, OR 97223 Y Vr 11bARD
Enclosed for your records is a fully executed copy of Cooperative Improvement Agreement
Number 22287 (Hall Blvd @ Wall St. Signal).
We have retained a fully executed copy of this agreement for the Department of
Transportation's files. If you have questions, please contact me at (503) 986-6911.
Sincerely,
Trish Barker, Procurement and Contract Specialist
ODOT Procurement Office
Enclosure
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