ODOT - Intersection of 99W and Hall Misc. Contracts and Agreements
No. 23757
AMENDMENT NUMBER 1
COOPERATIVE IMPROVEMENT AND
2003 OREGON TRANSPORTATION INVESTMENT ACT MODERANIZATION
PROGRAM AGREEMENT
Pacific Highway West at Hall Boulevard Intersection Improvements
The State of Oregon, acting by and through its Department of Transportation, hereinafter
referred to as "ODOT'; and Washington County, acting by and through its Board of
Commissioners,hereinafter referred to as "COUNTY ", and City of Tigard, acting by and through
its elected officials,hereinafter referred to as"CITY';and collectively all hereinafter referred to as
the "Parties"," entered into Agreement 23,757 on February 19, 2010. Said Agreement covers the
reconstruction of the intersection of 99W and Hall Boulevard and access management
improvements to improve and enhance safety and capacity in the intersection area.
It has now been determined by the Parties that the Agreement referenced above shall be amended
to increase the total cost of the Project and to revise the funding sources. The change in funding for
the Project was approved and revised by the Oregon Transportation Commission(OTC) amending
the Statewide Transportation Improvement Program (STIP) on January 1, 2010. Funding was
transferred to this Project and other planned or existing projects that would improve traffic
conditions in the various areas of a cancelled project. Except as expressly amended below, all
other terms and conditions of the Agreement are still in full force and effect.
Exhibit A shall be deleted in its entirety and replaced with the attached Revised Exhibit A.
All references to "Exhibit A" shall hereinafter be referred to as "Revised Exhibit A."
Insert new Exhibits B and C.
Insert new Recitals, Paragraphs 6, 7 and 8 to read as follows:
6. The 2003 Oregon Transportation Investment Act Program (OTIA), hereinafter referred to as
the "2003 OTIA Modernization Program", provides funding for modernization projects
chosen by the Oregon Transportation Commission.
7, In August 2005, the Oregon Transportation Commission approved the projects to be funded
under the 2003 OTIA Modernization Program as part of the 2006-2009 Statewide
Transportation Improvement Program (STIP) development process. The I-5 OR 99W
Tualatin-Sherwood Connector was included in that STIP, but that project has now been
cancelled, and a portion of that approved OTIA funding has been applied to this Project by
OTC amendment as of January 1, 2010, as described in Exhibit A, attached hereto and by
this reference made a part hereof.
8. The Oregon Transportation Commission approved this Project on the condition that an
Access Management Plan is prepared in accordance with Oregon Administrative Rule 734-
051.
Key Number 15473
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
Terms of Agreement, Paragraph 2, Page 1, which reads:
2. The Project total estimated cost is $6,268,000. The budget is shown on Exhibit "A". The
estimate for the total Project cost is subject to change. The COUNTY is contributing
$5,518,000 in funds through the COUNTY Major Streets Transportation Improvement
Program. ODOT shall contribute an amount not to exceed $750,000 in state funds for the
preliminary engineering component of the Project. In addition, ODOT services at the cost of
the Project, as further described in ODOT Obligations paragraphs 2 through 6, shall be
withheld from ODOT's contribution. The total estimated cost of said ODOT review and
technical services is $30,000. The COUNTY shall be responsible for all Project costs to
complete the Project beyond ODOT's contribution for the preliminary engineering
component of the Project.
Shall be deleted in its entirety and replaced with the following:
2. The Project total estimated cost is $7,150,000. The estimate for the total Project cost is
subject to change. The budget is shown on Exhibit "A". The COUNTY is contributing up to
$400,000 in funds through the COUNTY Major Streets Transportation Improvement
Program (MSTIP). ODOT shall contribute an amount not to exceed $6,000,000 in OTIA III
funds and $750,000 in state funds for the Project. The 2003 OTIA Modernization Program
funds are limited to $6,000,000. Due to the timing of ODOT and the OTC making OTIA
funding available to this Project ODOT agrees to retroactively reimburse COUNTY with a
one-time payment to the COUNTY within thirty (30) days of receipt of proper
documentation for OTIA III eligible project expenses occurring prior to April 1", 2010.
Future disbursements shall be as described in COUNTY Obligations, Paragraph 32 of this
amendment.
In addition, ODOT will provide services at Project expense, as further described in ODOT
Obligations paragraphs 2 through 6 and paragraph 8, the cost of these services shall be
withheld from ODOT's state funds contribution. The total estimated cost of said ODOT
review and technical services is $30,000. The COUNTY shall be responsible for all Project
costs to complete the Project beyond ODOT's contribution for the Project.
Terms of Agreement, Paragraph 3,Page 2,which reads:
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 ten (10) calendar years following the date of final execution of this
Agreement by both parties.
2
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
Shall be deleted in its entirety and replaced with the following:
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 according to the schedule outlined in COUNTY Obligations, Paragraph 31.
Insert new Terms of Agreement,Paragraphs 4 and 5,to read as follows:
4. The funds available under the 2003 OTIA Modernization Program are State Highway Funds.
To be eligible for reimbursement under the 2003 OTIA Modernization Program,
expenditures must comply with the requirements of Article IX, Section 3a of the Oregon
Constitution.
5. COUNTY and ODOT have a joint obligation to ensure timely expenditure of 2003 OTIA
Modernization Program monies and to comply with the provisions of the bonds that finance
the 2003 OTIA Modernization Program.
COUNTY Obligation,Paragraph 28, Page 6,which reads:
28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street,
MS 18, Hillsboro, Oregon 97123-5625,phone: 503-846-7877,email: daniel-
erpenbach@washington.or.us, or assigned designee upon individual's absence.
Shall be deleted in its entirety and replaced with the following:
28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street,
MS 18, Hillsboro, Oregon 97123-5625, phone: 503-846-7877, email: daniel-
erpenbach@washington.or.us, or assigned designee upon individual's absence.
Insert new COUNTY Obligations Paragraphs for OTIA Program Requirements,
Paragraphs 29 to 39,
29. COUNTY, or its consultant, shall submit to its governing body for consideration of adoption
those policies, actions, or other measures specified in the Access Management Plan as may
be needed to amend its Transportation System Plan, Comprehensive Plan, or other land use
codes.
30. The Project shall be developed in conformance with COUNTY's standards. If COUNTY has
not adopted standards of its own, the Project shall be developed in conformance with the
current edition of A Policy on Geometric Design of Highways and Streets by the American
Association of State Highway and Transportation Officials (AASHTO).
3
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
31. COUNTY shall provide ODOT with sufficient information to complete a Project prospectus
to ensure ODOT can track the Project using ODOT's reporting systems.
a. COUNTY shall submit documentation to ODOT's Project Liaison that shows that
COUNTY has met the Project key milestones. The Project key milestones, dates, and
required documentation are shown below:
i. Planning documents listed in COUNTY Obligations, Paragraph 29 above: December
2010
ii. Anticipated Bid Let Date Quarter/Year: March 8, 2010
iii. Documentation: Copies of the bid results including awarded bid amount and
awarded contractor name.
iv. Contract Award:April 6, 2010
v. Documentation: Notice to contractor regarding award of contract.
vi. Construction Completion:December 17, 2010
vii.Documentation: A letter from COUNTY indicating that all required construction
work is satisfactorily completed and open to traffic.December 17, 2010
viii. Project Completion: December 17, 2011
ix. Documentation: Letter from COUNTY indicating that the Project is complete
and accompanied by COUNTY's final billing to ODOT. Include final
accounting of all funds expended—vs—budgeted.
b. If the COUNTY does not meet a Project milestone date within three (3) months of the
date specified in COUNTY Obligations, Paragraph 31.a., reimbursement of COUNTY's
Project expense, may, at the discretion of ODOT, be changed to one-half of the rate
specified in ODOT's Obligation's, Paragraph 16.a., until such time as the milestone has
been completed and the Project is back on schedule.
c. Immediately upon missing a milestone date, COUNTY and ODOT shall establish a
Project review team including COUNTY's Project Liaison and ODOT's Project Liaison,
at a minimum, and may include such other members as are deemed necessary. The
Project review team shall determine (a) if failure to complete the milestone in question
will jeopardize successful completion of Project, (b) what steps must be taken by
COUNTY to ensure successful completion of Project, and (c)revise the Project schedule,
if changes are required.
4
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
d. In the event that the Project schedule outlined in COUNTY Obligations, Paragraph 31.a.
is revised pursuant to COUNTY Obligation, Paragraph 31.c., the COUNTY's Project
Liaison and ODOT's Project Liaison shall incorporate the revised schedule into this
Agreement through a formal amendment to this Agreement.
e. When the Project is back on schedule according to the milestones set out in COUNTY
Obligations, Paragraph 31.a., including a revised schedule adopted by formal
amendment, COUNTY shall receive any funds withheld by ODOT under the provisions
of ODOT's Obligations, Paragraph 16.b.
32. COUNTY shall present invoices for the eligible, actual costs incurred by COUNTY on
behalf of the Project directly to ODOT's Project Liaison for review and approval. Such
invoices shall be submitted in the form as shown on Exhibit "C", OTIA III Progress Billing
Form, attached hereto and by this reference made a part hereof. Invoices will identify the
Project and Agreement number, and shall itemize and explain all expenses for which
reimbursement is claimed. Invoices shall be presented for periods no greater than one (1)
month, based on actual expenses incurred, and must clearly specify the percentage of
completion of the Project.
33. COUNTY shall submit a billing at the time COUNTY documents that Construction
Completion, as set out in COUNTY Obligations, Paragraph 31, is complete. The billing will
indicate total Project costs incurred to date, whether there are unresolved claims, and the
anticipated timeline for resolving claims and closing the Project.
34. Utility relocation or reconstruction may or may not be an eligible Project expense according
to the following standard:
a. The expense is an eligible expense if the owner of the utility facility possesses a property
right for its location on the public right of way.
b. The expense is not an eligible expense if the owner of the utility facility does not possess
a property right for its location, but the facility exists on the public right of way solely
under the permission of the COUNTY or other road authority, whether that permission is
expressed or implied, and whether written or oral.
35. COUNTY shall place signs that identify Project as "Another Project Funded by 2003 Oregon
Transportation Investment Act" (ODOT approved design). COUNTY may affix additional
signage that identifies local funds used for the Project.
36. COUNTY agrees that it will call attention to the Project and help make it visible to the
public.
5
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
37. COUNTY agrees to provide to ODOT, progress information and photographs in a suitable
format for posting on the 2003 OTIA Modernization Program web site maintained by ODOT
and to provide appropriate links from COUNTY's web sites to the OTIA web site.
38. COUNTY agrees to comply with the conditions for Project approval adopted by the Oregon
Transportation Commission, as set out in Exhibit B, Special Conditions, which is attached
hereto and made part of this Agreement.
39. COUNTY agrees to work cooperatively with ODOT in developing an Access Management
Plan that complies with the requirements of OAR 734-051. The COUNTY agrees that the
spacing standards and deviation criteria specified in OAR 734-051 or the local
Transportation System Plan,whichever is more restrictive,will be applied to the Project.
ODOT Obligation,Paragraph 7, Page 8,which reads:
7. ODOT's total contribution for the Project shall not exceed $750,000. Upon execution of this
Agreement, and receipt of a letter of request from the COUNTY, ODOT shall pay $750,000
for the Project (minus the amount described in the paragraphs above and below for various
ODOT services), said amount being equal to the ODOT contribution to the Project.
Shall be deleted in its entirety and replaced with the following:
7. ODOT's total contribution for the Project shall not exceed $6,000,000 in OTIA Funds and
$750,000 in state funds. Upon execution of this Agreement, and receipt of a letter of request
from the COUNTY, ODOT shall pay $750,000 for the Project (minus the amount described
in the paragraphs above and below for various ODOT services), said amount being equal to
the ODOT state funds contribution to the Project.
Insert new ODOT Obligations, Paragraphs for OTIA Program Requirements, ODOT,
Obligations Paragraphs 16 to 21,
16a.ODOT shall reimburse COUNTY at actual costs incurred up to the maximum amount of
2003 OTIA Modernization Program funds committed for the Project specified in Terms of
Agreement, Paragraph 2,provided that COUNTY is meeting the Project milestones set out in
COUNTY Obligations, Paragraph 31.a. ODOT shall contribute an amount not to exceed
$6,000,000 in 2003 OTIA Modernization Program (OTIA III ) funds and not to exceed
$750,000 in other state funds for the Project. When reimbursement is requested, COUNTY
shall submit Exhibit C,the OTIA III Progress Billing Form.
b. In the event that COUNTY has not met a Project milestone, ODOT shall, at its sole
discretion, change its rate of reimbursement to COUNTY to one-half of the rate specified in
Paragraph 16.a. until such time as Project is back on schedule.
6
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
c. When the Project is back on schedule, According to the milestones set out in COUNTY
Obligations, Paragraph 31.a., including a revised schedule adopted by formal amendment
per COUNTY Obligations, Paragraph 31.d, ODOT shall pay COUNTY any funds withheld
by ODOT under the provisions of ODOT Obligations,Paragraph 16.b.
d. ODOT agrees to comply with the provisions of ORS 293.462 with regard to timely payment.
17. 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 current biennial budget.
ODOT's Liaison shall:
a. Receive any notices provided by COUNTY under this Agreement.
b. Review and process for payment, all eligible, actual Project costs incurred within thirty
(30)days of the date of receipt of COUNTY's invoices by ODOT.
c. Advise COUNTY, at COUNTY's request, on matters affecting the Project.
18. ODOT shall review the documentation provided by COUNTY to ensure that the Project
undertaken by COUNTY is the Project approved by the Oregon Transportation Commission
at its January 2010 meeting.
19. ODOT shall not be required to approve COUNTY's selection of contractors, right of way
purchase, or engineering design documents, except as the Project design affects the state
highway system or as required by the conditions of approval adopted by the Oregon
Transportation Commission.
20. ODOT shall maintain a web site for the 2003 OTIA Modernization Program listing Project
status and accomplishment information for COUNTY's Project.
21. ODOT shall, through its staff and consultants, prepare the Access Management Plan and
identify those policies, actions, or other measures in the Access Management Plan that need
adoption by the COUNTY's governing body as amendments to the COUNTY's
Transportation System Plan (TSP), Comprehensive Plan, or other land use codes and
ordinances. The Access Management Plan will apply spacing standards and deviation criteria
in accordance with OAR 734-051 or the local TSP, whichever is more restrictive.
General Provisions,Paragraph 2c, Page 8, which reads:
c. ODOT fails to correct such failures within ten (10) days or such longer period as ODOT
may authorize.
7
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
Shall be deleted in its entirety and replaced with the following:
c. If COUNTY or CITY fail to correct such failures within ten (10) days or such longer
period as ODOT may authorize.
Insert new General Provisions, Paragraph 2e, to read as follows:
e. If the COUNTY fails to implement policies, actions, or other measures identified in the
Access Management Plan under its authority and jurisdiction in a timely manner.
Insert new General Provisions,Paragraph 12,to read as follows:
12. If ODOT terminates this Agreement for action by COUNTY due to the reasons described in
General Provisions, Paragraph 2 "a" or "b" or "c" "f' above, COUNTY must reimburse
ODOT for all OTIA III funds expended. If COUNTY fails to reimburse ODOT, ODOT may
withhold COUNTY's proportional share of State Highway Fund distribution necessary to
reimburse ODOT for costs incurred by such COUNTY breach.
Insert new General Provisions,Paragraph 13, to read as follows:
13. ODOT and CITY agree to work cooperatively on the application of the Access Management
Plan that complies with the requirements of OAR 734-051. The ODOT and CITY agree that
the spacing standards and deviation criteria specified in OAR 734-051 or the local
Transportation System Plan,whichever is more restrictive,will be applied to the Project.
This Amendment may be executed in several counterparts (facsimile or otherwise) all of which
when together shall constitute one agreement binding on all Parties, notwithstanding that all
Parties are not signatories to the same counterpart. Each copy of this Amendment so executed
shall constitute an original.
THE PARTIES, by execution of this Agreement, hereby acknowledges that its signing
representatives have read this Agreement,understand it, and agree to be bound by its
This Project is amended into the 2008-2011 Statewide Transportation Improvement Program,
(Key#15473)that was approved by the Oregon Transportation Commission on January 1,2010.
The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No.
2, which authorizes the Director to approve and execute agreements for day-to-day operations.
Day-to-day operations include those activities required to implement the biennial budget
approved by the Legislature, including activities to execute a project in the Statewide
Transportation Improvement Program.
8
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
On September 15, 2006, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director,
Highways; Deputy Director 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.
SIGNATURE PAGE TO FOLLOW
9
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APPROVAL. RECOMMENDED
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APPROVED AS TO LEGAL.SUFFICIENCY
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10
ODOT/Washington County and City of Tigard
Agreement No.23,757-01
Washington County,by and through its Board STATE OF OREGON,by and through
of Commissioners its Department of Transportation
By BY
Chair Deputy Director,Highways
Date Date
APPROVAL RECOMMENDED
By
Recorder By
Region 1 Manager
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
BY
By Technical Services Manager/Chief Engineer
COUNTY Counsel
Date —
Date
CITY of Tigard,by and through its elected By
officials `Dis ict 2A Manager n
By Date f V
Mayor
Date By
State Traffic Engineer
By Date
Recorder
APPROVED AS TO LEGAL
Date SUFFICIENCY
APPROVED AS TO LEGAL SUFFICIENCY By
Assistant Attorney General
By
CITY Counsel Date:
Date
10
ODOT/Washington County and City of Tigard
Agreement No. 23,757-01
Washington County,by and through its Board STATE OF OREGON,by and through
of Commissioners its Department of Transportation
By BY
Chair Deputy Director,Highways
Date Date
APPROVAL RECOMMENDED
By
Recorder By
Region 1 Manager
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
By Technical Services Manager/Chief Engineer
COUNTY Counsel
Date
Date
CITY of Tigard,by and through its elected BY
officials District 2A Manager
BY4 Date
aryyor
Date /�.� ?��� BY
State Traffic Engineer
By1�4" -e Azamz Date
Record r
APPROVED AS TO LEGAL
Date `7/�� /�U SUFFICIENCY
APPROVED AS TO LEGAL SUFFICIENCY BY
Assistant Attorney General
By
CITY Co el Date:
Date
10
i
ODOT/Washington County and City of Tigard
Agreement No.23,757-01
Washington County,by and through its Board STATE OF OREGON;by and through
of CommissloneKs its Department of Tmasportation
By �d 16:_ By
Chair . Deputy Director,Highways
Date _y9e C`s Date
APPROVAL RECOMMENDED
Byo-
Recorder By
Region I Manager
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
gy ' Technical Services ManagerlChief Engineer
i CO TY Coun 1
Dare
Date, 2A/D
CITY of Tigard,by and through its elected By
officials District 2A Manager
By Date
Mayor
Date By
State Traffic Engineer
By Date
Recorder
APPROVED AS TO LEGAL
Date SUFFICIENCY
APPROVED AS TO LEGAL SUFFICIENCY BY
Assistant Attorney General
By
i CITY Counsel Date:
Date APPIttVWW HINMNCOUNTY
- BOARD OF COMMIISaGIONERS
10 h91NlJT96fwwv :1 Z LL„c!-
M.C. &A No. 23757
REVISED EXHIBIT A
PROJECT DESCRIPTION
Washington County and City of Tigard
Pacific Highway West at Hall Boulevard Intersection Improvements
Project improves the safety and capacity of the existing 99W and SW Hall Boulevard and
includes pedestrian safety amenities.
Project Cost Estimate Project Financing
Preliminary engineering COUNTY Contribution $ 400,000
&design $1,287.000 6%
Right of way purchase $2,502,500
Construction $3,360,500 OTIA $6,000,000 84%
Total $7,150,000
State Funding $ 750,000 10%
Total $7,150,000 100%
Page 1 of 2
M.C. & A No. 23757
REVISED EXHIBIT A
SW HALL BOULEVARD /
HIGHWAY 99W INTERSECTION
SW OAK ST
217
CO
PROJECT
LOCATION
C 4z q P W DARTMC
FRS
0
217
Q
6 .x
PROJECT
LOCATION NORTH
~ro
y Iw
VICINITY MAP DEPARTMENT LAND USE&
TRANSPORTATION
CAPITAL
SW HALL BOULEVARD/ HIGHWAY 99W INTERSECTION MANAGEMENTECT
PROJECT NO. 2523 BY ur
AM mo wm-&
Page 2 of 2
M.C. &A No. 23757
EXHIBIT B
SPECIAL CONDITIONS
Washington County and City of Tigard
Pacific Highway West at Hall Boulevard Intersection Improvements
The OTC approved Projects for funding under OTIA III subject to certain conditions:
Project requires some right of way acquisition.
Project will address access management in the vicinity.
M.C. &A No.23757
Washington County and City of Tigard
Pacific Highway West at Hall Boulevard Intersection Improvements
EXHIBIT C
Oregon Transportation Investment Act III (OTIA)
Progress Billing Form
Agency:
Project:
Agreement No:
Billing Period: to
Costs Amount Percent
Incurred Costs Total Claimed Complete
This Billed Total Cost Participation Amount Prior Total This This
Period Previously To Date Rate Claimed Claimed Period Phase
Planning
Engineering
Design
Right of Way
Construction
Total
Submission of this request certifies that, in accordance with the laws of the State of
Oregon and under the conditions of approval for the Project identified above, actual
costs claimed have been incurred and are eligible pursuant to the Intergovernmental
Agreement between Agency and State. Also, no other claims have been presented to,
or payment made by, the State of Oregon for those costs claimed for reimbursement.
Agency Project Liaison
Date
(for State use)
I have reviewed the above Project and related costs and, in my opinion, subject to
audit, the costs reflect the progress to date and are eligible for reimbursement in the
amount of$
State Project Liaison
Date
Carol Krager
From: YOUNGREN Jule [Jule.YOUNGREN@odot.state.or.us]
Sent: Tuesday, September 14, 2010 4:16 PM
To: daniel_erpenbach@co.washington.or.us; Carol Krager
Cc: LEE Penelope A* Penny
Subject: Execution of Agreement No. 23757-01 Project Name: Pacific Highway West at Hall Blvd.
Intersection Improvements (Washington Co.; City of Tigard)
Attachments: MCA023757_103-001.pdf
Hello,
For your information: Agreement Number 23757-01 was executed on 09/14/2010. Attached as a
PDF is a signed version of the agreement.
<<MCA023757_103-001.pdf>>
Please contact the Local Agency Liaison or Project Manager assigned to your project with any
questions you may have.
Thank you,
Jule YOungrenj ODOT Procurement orrice
455 Airport Rd.S.E.,Bldg.K I Salem,OR 97301-5348 9: 503-986-2731 503-986-5790 1 >-<:Jule.YOUNGREN@odot.state.ocus I Website:
http:l/intranet.odot.state.or.us/OPO/index.htm
1
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13cc, a I Q�'-E�7
Misc. Contracts and Agreements
No. 23757
COOPERATIVE IMPROVEMENT AGREEMENT
Pacific Highway West at Hall Boulevard Intersection Improvements
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
Washington County, acting by and through its Board of Commissioners, hereinafter referred to as
"COUNTY ", and City of Tigard, acting by and through its elected officials, hereinafter referred to
as"CITY"; and collectively all hereinafter referred to as the"Parties".
RECITALS
1. Pacific Highway West (99W) and Hall Boulevard (Beaverton-Tualatin Hwy) are part of the
state highway system under the jurisdiction and control of the Oregon Transportation
Commission. The intersection of said roadways falls within the CITY's jurisdiction.
2. By the authority granted in ORS 190.110, 366.572, 366.574 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 366, 105.760, 373.010, 373.015, 373.030, ODOT is vested
with complete jurisdiction and control over the roadways of other jurisdictions taken for state
highway purposes. The jurisdiction by the department extends from curb to curb, or, if there
is no regular established curb, then such control extends over such portion of the right of way
as may be utilized by the department for highway purposes. Responsibility for and
jurisdiction over all other portions of the street or road remains with the CITY and
COUNTY.
4. 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. Traffic signal work on this
Project will conform to the current ODOT standards and specifications.
5. By Agreement Number 4312, executed September 21, 1971, ODOT and the CITY agreed
that ODOT would perform and upgrade an interconnected traffic control signal system at four
intersections on Pacific Highway West with one of the intersections at Hall Boulevard (state
highway 141). The agreement also established maintenance, operations and power cost
responsibilities for the signals. Said agreement shall remain in full force and effect except as
modified herein.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
Key number 15473
Agreement No. 23757
Washington County and City of Tigard
TERMS OF AGREEMENT
1. Under such authority, ODOT, COUNTY and CITY agree to the reconstruction of the
intersection of 99W and Hall Boulevard and to access management improvements to improve
and enhance safety and capacity in the intersection area, hereinafter referred to as "Project".
The Project shall be constructed by COUNTY or its contractors. The Project consists of right
turn lanes on SW Hall Boulevard, traffic signal improvements, additional lanes on Highway
99W, improved roadway drainage, illumination, pedestrian improvments, sidewalks,
landscaping and bike lanes. 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. The
Project limits on Hall Boulevard are from MP4.90 to MP 5.12 and from MP 8.69 to MP 8.93
on 99W.
2. The Project total estimated cost is $6,268,000. The estimate for the total Project cost is
subject to change. The COUNTY is contributing $5,518,000 in funds through the COUNTY
Major Streets Transportation Improvement Program. ODOT shall contribute an amount not
to exceed $750,000 in state funds for the preliminary engineering component of the Project.
In addition, ODOT services at the cost of the Project, as further described in ODOT
Obligations paragraphs 2 through 6, shall be withheld from ODOT's contribution. The total
estimated cost of said ODOT review and technical services is $30,000. The COUNTY shall
be responsible for all Project costs to complete the Project beyond ODOT's contribution for
the preliminary engineering component of the Project.
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 ten (10) calendar years following the date of final execution of this
Agreement by both parties.
COUNTY OBLIGATIONS
1. COUNTY shall obtain a permit to "Occupy or Perform Operations upon a State Highway" from
assigned ODOT District 2A Project Manager as well as land use permits, building permits, and
engineering design review approval from ODOT. COUNTY agrees to comply with all
provisions of said permit(s), and shall require its developers, contractors, subcontractors, or
consultants performing such work to comply with such permit and review provisions. .
2. COUNTY shall conduct the necessary field surveys, environmental studies, acquire all
necessary right of way; identify and obtain required permits; arrange for relocation or
reconstruction of any conflicting utility facilities, and perform all preliminary engineering and
design work required to produce plans, specifications, and cost estimates.
2
Agreement No. 23757
Washington County and City of Tigard
3. COUNTY shall provide the Project preliminary and final plans and specifications to ODOT's
District 2A office for review and written concurrence prior to advertisement for construction
bid proposals and award of the contract. The intersection and signal design plans must be
approved by the ODOT Office of the State Traffic Engineer. ODOT District 2A shall
coordinate all such review.
4. If COUNTY chooses to use a contractor to construct the Project, COUNTY shall, upon
ODOT's written review and concurrence of final plans, prepare the contract and bidding
documents, advertise for construction bid proposals, award all contracts, pay all contractor
costs, furnish all construction engineering, field testing of materials, technical inspection
(except as described in ODOT OBLIGATIONS) and project manager services for
administration of the contract.
5. COUNTY shall cause the Project to be designed and constructed in accordance with ODOT
standards and upon completion of the Project shall release ownership of traffic signal
equipment to ODOT.
6. COUNTY, or its consultant's, electrical inspectors shall possess a current State Certified
Traffic Signal Inspector certificate, in order to inspect electrical installations on state
highways. The ODOT District 2A Permitting Office shall verify compliance with this
requirement prior to construction.
7. COUNTY shall be, as designated by ODOT, the current permitting authority at locations
where right of way is obtained by the COUNTY for the Project, utility installations,
relocations and reconstructions, and shall eventually become ODOT right of way but shall
remain under the ownership or control of COUNTY until Project completion or property
transfer by the COUNTY to ODOT. COUNTY shall, through its permit process, assign the
rights associated with its utility permit to ODOT and indicate in the permit that ODOT shall
be the governing body that will manage and control the permitting authority over such areas
of right of way transition. ODOT shall also be a signing authority on such COUNTY permits.
Additionally in such situations, ODOT shall also issue a separate permit to the utility at the
same time as the COUNTY permit.
8. COUNTY shall, upon execution of the Agreement, forward to ODOT a letter of request for the
amount of$750,000 for ODOT's contribution to the preliminary engineering for the Project.
The estimated total costs for ODOT services at the close of the Project shall be deducted from
that total payment prior to payment. The total estimated cost for said ODOT services is
$30,000 in Right of Way and District 2A services. Should the Project be reduced in scope,
any portion of ODOT's contributions which is in excess of the COUNTY'S actual total cost
for the Project will be refunded or released to ODOT.
9. COUNTY is responsible for all costs for ODOT services required for successful completion
of the Project on or impacting the state highway. Should the Project require additional ODOT
services due to unforseen circumstances or a change in scope of the Project occurs, said
3
Agreement No. 23757
Washington County and City of Tigard
additional services shall be performed by ODOT at Project expense. ODOT shall make every
effort to notify COUNTY of any additional costs beyond the original estimated amount at the
time of discovery of said additional services.
10. Subject to the provisions in the preceding two paragraphs, upon completion of any additional
services by ODOT, and the receipt from ODOT of an itemized statement of the actual total
cost of ODOT's participation for the Project, COUNTY shall pay any amount which will
equal 100 percent of actual costs for ODOT Project services. Any portion of said ODOT
withheld amount of $30,000 that is in excess of ODOT's total costs for services will be
advanced to COUNTY if needed, and upon COUNTY's written request.
11. COUNTY agrees that all right of way services will be in compliance with Public Law 91-
646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended; ORS Chapter 35, and the Oregon Department of Transportation (ODOT) Right
of Way Manual. As acquisition of right of way impacting the ODOT facility is required,
COUNTY and ODOT are concurrently entering into a separate Right of Way Services
Agreement Number 25787 along with this Agreement. COUNTY agrees to contact and
coordinate with ODOT's Region I Right of Way Manager on all right of way activities.
12. COUNTY shall, at its own expense, be responsible for a two (2) year establishment period
for landscape plantings for the Project.
13. COUNTY certifies, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within COUNTY's current
appropriation or limitation of current biennial budget.
14. COUNTY 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.
15. If COUNTY chooses to assign its contracting responsibilities to a consultant or contractor,
COUNTY 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.
16. Pursuant to the statutory requirements of ORS 279C.380 COUNTY shall require their
contractor to submit a performance bond to COUNTY for an amount equal to or greater than
the estimated cost of the Project.
17. The Special Provisions for the construction contract work for this Project shall include the
following stipulations:
a. Contractor shall name ODOT, COUNTY and CITY as a third party beneficiaries of the
resulting contract.
4
Agreement No. 23 757
Washington County and City of Tigard
b. Contractor shall indemnify, defend and hold harmless ODOT, COUNTY and CITY and
their officers, employees and agents from and against all claims, suits, actions, losses,
damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising
out of, or relating to the activities of Contractor or its officers, employees, sub-
contractors, or agents under this Contract.
c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and
keep in effect during the term of this Contract, Commercial General Liability Insurance
covering bodily injury and property damage in a form and with coverages that are
satisfactory to ODOT, COUNTY and CITY. This insurance shall include personal and
advertising injury liability, products and completed operations. Coverage may be written
in combination with Automobile Liability Insurance (with separate limits). Coverage
shall be written on an occurrence basis. If written in conjunction with Automobile
Liability the combined single limit per occurrence shall not be less than $ 1,000,000 for
each job site or location. Each annual aggregate limit shall not be less than $ 2,000,000.
d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in
effect during the term of this Contract, Commercial Business Automobile Liability
Insurance covering all owned, non-owned, or hired vehicles. This coverage may be
written in combination with the Commercial General Liability Insurance (with separate
limits). Combined single limit per occurrence shall not be less than $1,000,000.
e. Additional Insured. The liability insurance coverage, except Professional Liability,
Errors and Omissions, or Workers' Compensation, if included, required for performance
of the Contract shall include ODOT, COUNTY and CITY and its divisions, officers and
employees as Additional Insured but only with respect to the Contractor's activities to be
performed under this Contract. Coverage shall be primary and non-contributory with any
other insurance and self-insurance.
18. Notice of Cancellation or Change. There shall be no cancellation, material change,
potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without
thirty (30) days written notice from the Contractor or its insurer(s) to ODOT, COUNTY and
CITY. Any failure to comply with the reporting provisions of this clause shall constitute a
material breach of Contract and shall be grounds for immediate termination of this Contract.
19. All employers, including COUNTY, 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.
COUNTY shall ensure that each of its subcontractors complies with these requirements.
20. COUNTY 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 27913.270 incorporated
herein by reference and made a part hereof; Without limiting the generality of the foregoing,
COUNTY expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title
5
Agreement No. 23757
Washington County and City of Tigard
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.
21. COUNTY shall ensure that landscape water systems shall be on separate systems from any
ODOT systems.
22. COUNTY shall lay out and paint the necessary lane lines, and erect the required directional
and traffic control signing for the Project.
23. COUNTY is responsible for and ensures that all survey monuments recorded with a county
and within or adjacent to the highway right-of-way shall be preserved in accordance with
ORS 209.140 and 209.150. Any such monumentation that is damaged or removed during the
course of the Project must be replaced in compliance with ORS Chapter 209 stipulations, the
ODOT Right of Way Ivlonumentation Policy, and at COUNTY'S own expense.
24. COUNTY is also responsible, at its own expense, for replacement of any additional ODOT
survey marks or other monumentation not recorded with a county that are damaged or
removed during the course of the Project. In the event of such replacement, COUNTY shall
contact ODOT's Geometronics Unit for replacement procedures.
25. If additional right of way is acquired for state highway right of way purposes as a result of the
Project, then a right of way monumentation survey is required as defined in ORS 209.150 and
209.155. COUNTY agrees to provide such a survey, at its own expense, following ORS
Chapter 209 stipulations, ODOT Right of Way Monumentation Policy, and ODOT's
Geometronics Unit review and approval, and to file the legal survey with the appropriate
COUNTY Surveyor's office as required.
26. Upon completion of the Project, COUNTY shall submit a digital file and three sets of"As
Constructed" drawings to Sam Hunaidi at ODOT 123 NW Flanders, Portland Oregon 97209,
or assigned designee upon individuals absence. One set shall be half size 11"x17"mylars, the
remaining sets shall be half size(11"x 17")prints.
27. COUNTY shall, upon completion of the Project, transfer the right of way purchased for
Project to ODOT by a separate right of way agreement..
28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street,
MS 18, Hillsboro, Oregon 97123-5625,phone: 503-846-7877, email: daniel-
erpenbach@washington.or.us, or assigned designee upon individual's absence.
6
o
Agreement No. 23757
Washington County and City of Tigard
CITY OBLIGATIONS
1. CITY shall be responsible for 100 percent of electrical energy costs associated with the signal
equipment installed as part of this Project, pursuant to and consistent with the terms of
Agreement 4312. CITY shall ensure that the power companies send power bills directly to
CITY.
2. Upon completion of the Project, CITY shall continue to be responsible for 50 percent of the
maintenance and operation costs for Project signal. ODOT is incurring and performing said
maintenance and operation costs at their own expense and annually billing CITY for the
actual annual portion. The total estimated costs under this Agreement shall not exceed $3,000
per calendar year. Said cost is subject to review every five (5) years for inflation, and any
changes shall be by an amendment to this Agreement, signed by both parties, This cost does
not include repairs performed on an emergency basis or as a result of a construction project
and are not included in the estimated costs for this Agreement. Any additional costs above
the estimate due to emergency costs shall also be shared as stipulated in ODOT Obligations,
paragraph 11.
3. CITY shall, at no cost to ODOT, be responsible for 100 percent of electrical energy and
maintenance costs associated with all illumination that is part of the Project. CITY shall seek
to have all illumination separately metered and shall ensure that the power company shall
send power bills directly to CITY. Such illumination shall be served by a separate system
from the signal system. Any such additional illumination on the state highway must be
approved by ODOT Office of the State Traffic Engineer. ODOT District 2A shall coordinate
all such review.
4. CITY shall, at no cost to ODOT, be responsible for 100 percent of maintenance, water, and
power costs associated with the landscape (after completion of a two (2) year plant
establishment period described in COUNTY Obligations Paragraph number 12) and
irrigation installed as part of Project improvements covered by this Project. Improvements
include sidewalks, drainage maintenance, including water treatment vaults within Project
limits, and street sweeping.
5. CITY shall ensure that the water and power companies send water and power bills directly
to CITY.
6. CITY may require the adjacent property owners to fund or perform maintenance of
improvements, as permitted by CITY ordinance. CITY shall remain responsible for
compliance with the terms of this Agreement, and shall be responsible for the performance of
maintenance, even when maintenance is performed by CITY contractors or property owners.
7. CITY services charged to the Project or any cost sharing for maintenance or electrical
arrangements between the CITY and COUNTY that do not include ODOT shall be confirmed
in separate agreement by the two agencies and are not a part of this Agreement.
7
Agreement No. 23757
Washington County and City of Tigard
8. CITY's Project Manager for this Project is the City Engineer, City of Tigard, 13125 SW Hall
Boulevard, Tigard, OR 97223, phone: (503) 718-2470, or assigned designee upon
individual's absence.
ODOT OBLIGATIONS
1. ODOT hereby grants COUNTY and CITY and their contractor(s), the right to enter onto and
occupy ODOT right of way upon issuance of ODOT required permits, for the performance of
necessary preliminary engineering, inspection, construction, and maintenance of the Project.
2. ODOT's District Maintenance Manager shall, at Project expense, assign a Project Manager for
technical inspection to ensure ODOT standards are met, to monitor the traffic signal and
roadway work performed by the COUNTY, or its contractors, within the boundaries of the
ODOT right of way, and for any necessary Right of Way services. ODOT's Project Manager
will provide general oversight of such roadwork, but the COUNTY or its contractors shall
perform all roadwork and contractor coordination.
3. ODOT's District Maintenance Manager/or designee shall, at Project expense, issue the required
permits, and review and concur with the Project plans and specifications. ODOT shall review
and must concur in the plans before the Project is advertised for a construction contract
before construction begins.
7c8��t� ���111Ti rN`
4. ODOT, for purposes of performance of COUNTY Obligation paragraph A: hereby grants
COUNTY the ability to act on its behalf for relocation of the utilities, including issuance of
conflict letters, on right of way purchased for the Project that shall become ODOT's on
completion of the Project and property transfer by the COUNTY.
5. ODOT shall, at Project expense, perform the signal equipment environmental testing, field
testing, and turn-on in accordance with the current ODOT procedures.
6. ODOT Right of Way administrative services for the anticipated right of way needed by
COUNTY for Project is anticipated to cost $15,000 of the $30,000 total for ODOT services
toward the Project.
7. ODOT's total contribution for the Project shall not exceed $750,000. Upon execution of this
Agreement, and receipt of a letter of request from the COUNTY, ODOT shall pay $750,000
for the Project (minus the amount described in the paragraphs above and below for various
ODOT services), said amount being equal to the ODOT contribution to the Project.
8. ODOT shall withhold its estimated service costs for technical review, inspection and right of
way services from the total ODOT contribution to the Project. The total estimated cost for
said services is $30,000. If for any reason the services should exceed the estimate, ODOT
shall submit an letter of request for the remaining costs of ODOT services. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
8
Agreement No. 2.3757
Washington County and City of Tigard
$, C1TY's Project Manager for this'Project is the City Engineer,City aT'igard,13125 Ski Hall
Boulevard, Tigard; OR 97223, phone: (503) 718-21470, or assigned designee upon
individual's absence.
000T OBLIGATIONS
1. ODOT hereby grants COUNTY and CITY and their contractor(s).,the right to enter tato and
occupy ODOT right of way upon issuance of ODOT required permits, for the performance of
necessary preliminary engineering,inspection,construction,and maintenance of the Project.
2. ODOT's District Maintenance Manager dial!,of Project expense, aasipi a Project Manager for
techtiital inspection to ensure ODOT standards are met, to manitar.the U-0fic signal andrwrj
roadway work pei•tormed by tate COUNTY, or its contractors witlarit tate boundaries of the
ODOT rigbt of way, aad.fbr any necessary Right of Way services:. OlbOT's:Project Managet� ,
will provide general oversight of such roadwork, but the COUNTY'' or its contractors shall
h 2
TF;
perform all roadwork and contractor coordination.
3, ODOT's District Maintcuance Managgri.or designee.stlall at Project expense,issue the required
pe�ttirs, and review nota concur with the Project plans and specifications. ODOT shall revtetx`
and must conour in the plans before the Project is advertised for a construction contract of
before cortstmetron begins.
4, 00O3', for putpogtss.0perfttrnipm6.0 of ty(3UNTY Obligation.,paragraph.0; reh
COUNTY the ability 110 act on its behalf f#if.r t0.q li of.the ufiliti > 3fieluding tssuaaco o
r.ohilict.letters, on right of.ray purchased'fbr €tie Project that,enroll 110oine ODOT's on
completion of the Project and property tramflerby tiie,tI7A''t'Y`:.
5. ODOT shall; at' Project expense, perform the sign l;equtptnu of enyiritni Yerital testing, field
testing,,and hunt-on in accordance with the ctatretrf SOT pwcesdutts.
6. ODOT Right of Way administrative servrces far`tttie'anticipatetl right of
way needed by
COUNTY for Project is anticipated to cost $1 S,PW ofthe 1211,1x10 total tq5 ODOT services
toward the Project.
7. ODOT's total contribution for the Project hall not exceed 8750;000. Upon execution of this
Agreement,end receipt of a letter of request from the:CQ 'NTY, MOT-shall pay 750,000
for the Project (minus the amount described in the ptu`av,,raplts above and tielcwv &r various,
ODOT-services), said amount being equal to the ODOT contribution to the Project,
i ,
8. 000T shall withhold its estimated service costs for technical review, inspectiuu anc ii�ht of
�. way services from the total ODOT contribution to the Project. The total estimated cost for
said services is $30,000: If for any reason the scnrces should exceed the esttrnatc, OP.OT
E'
shall submit an letter of request 'foi- the remaining costs of ODOT services Rcqucsts for
t additional deposits shall be accompanied by an Itemized statement of expenditures and a,
Agreement No. 23757
Washington County and City of Tigard
estimated cost to complete ODOT services. Any portion of said $30,000 that is in excess of
ODOT's total costs for services will be costs will be refunded or released to COUNTY.
9. ODOT shall compile accurate cost accounting records. COUNTY may request a statement of
costs to date at any time by submitting a written request.
10. 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 current biennial budget.
11. Upon completion of the Project and satisfactory signal turn on, ODOT shall retain ownership
and complete jurisdiction and control of the roadway improvements from face of curb to face
of curb, and be responsible for the operation and maintenance of the traffic signal equipment
installed for the Project on the intersection with the Highway. ODOT shall perform signal
tum-on. ODOT shall be responsible for all maintenance of Project improvements following
completion, except for items expressly allocated to CITY or COUNTY in this Agreement.
12. ODOT shall annually submit an invoice to CITY for its portion (50 percent) of all
maintenance and operation costs for the signals that are part of the Project. ODOT is
incurring and performing said maintenance costs at their own expense and annually billing
CITY for the actual annual portion. Said invoice shall identify actual costs. In the event that
ODOT incurs maintenance costs related to an emergency event, 50 percent of said costs shall
be identified and added to the CITY's portion of said costs to the annual billing.
13. Traffic signal timing shall remain the responsibility of ODOT. All modifications shall follow
guidelines set forth in the current Manual on Uniform Traffic Control Devices and Oregon
Supplements, and the current ODOT Traffic Signal Policy and Guidelines.
14. ODOT shall retain all utility and access permit-issuing authority along the state highway.
15. ODOT's Project Manager for this Project is Sam Hunaidi, 123 NW Flanders Street, Portland,
OR 97209; phone: 503-731-8472, email: sam.h.hunadi@odot.state.or.us, or assigned
designee upon individual's absence.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of the Parties.
2. Parties may terminate this Agreement effective upon delivery of written notice to other
Parties, or at such later date as may be established by ODOT, under any of the following
conditions:
a. If any of the other Parties fail to provide services called for by this Agreement
within the time specified herein or any extension thereof.
9
Agreement No. 23757
Washington County and City of Tigard
b. If any of the other Parties fail 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 ten(10)days or such longer period as ODOT may authorize.
c. ODOT fails to correct such failures within ten (10) days or such longer period as ODOT
may authorize.
d. If Parties fail 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.
4. The Parties shall notify the other Parties Project Managers, in writing, of any changes to their
Project Manager's contact information during the term of this Agreement.
5. If COUNTY or CITY fails to maintain facilities in accordance with the terms of this
Agreement, ODOT, at its option, may maintain the facility and bill COUNTY or CITY, seek
an injunction to enforce the duties and obligations of this Agreement or take any other action
allowed by law.
6. Each of the Parties hereto shall be deemed an independent contractor for purposes of this
Agreement and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this Agreement including, but not
limited to, retirement contributions, workers compensation, unemployment taxes, and state
and federal income tax withholdings. No representative, agent, employee or contractor of one
Party shall be deemed to be an employee, agent or contractor of the other Party for any
purpose, except to the extent specifically provided herein.
7. COUNTY and CITY acknowledge and agree that ODOT, the Secretary of ODOT'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 COUNTY which are directly
pertinent to the specific Agreement for the purpose of making audit, examination, excerpts,
and transcripts for a period of six (6) years after completion of Project. Copies of applicable
records shall be made available upon request. Payment for costs of copies is reimbursable by
the requesting party.
10
Agreement No. 23757
Washington County and City of Tigard
8. Parties shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims
Act, indemnify, defend, save, and hold harmless each other, their officers and employees
from any and all claims, suits, and liabilities which may occur in their respective performance
of this Project.
9. Notwithstanding the foregoing defense obligations under the paragraph above, no Party nor
any attorney engaged by any party shall defend any claim in the name of the other Parties or
any agency/department/division of such other Party, nor purport to act as legal representative
of the other Parties or any of its agencies/departments/divisions, without the prior written
consent of the legal counsel of such other parties. Each Party may, at anytime at its election
assume its own defense and settlement in the event that it determines that the other Parties are
prohibited from defending it, or that other Party is not adequately defending it's interests, or
that an important governmental principle is at issue or that it is in the best interests of the
party to do so. Each Party reserves all rights to pursue any claims it may have against the
other if it elects to assume its own defense.
10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which
when taken together shall constitute one Agreement binding on all parties, notwithstanding
that all parties are not signatories to the same counterpart. Each copy of this Agreement so
executed shall constitute an original.
11. 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.
The Parties, by execution of this Agreement, hereby individually acknowledge that they have
read this Agreement, understand it, and agree to be bound by its terms and conditions.
This Project is in the 2008-20011 Statewide Transportation Improvement Program, (Key
#15473) that was approved by the Oregon Transportation Commission on November 14, 2007.
The Oregon Transportation Commission on December 29, 2008, approved Delegation Order No.
2, which authorizes the Director to approve and execute agreements for day-to-day operations.
Day-to-day operations include those activities required to implement the biennial budget
approved by the Legislature, including activities to execute a project in the Statewide
Transportation Improvement Program.
it
Agreement No. 23757
Washington County and City of Tigard
On September 15, 2006, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director,
Highways, 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 such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial budget approved by the Director.
SIGNATURE PAGE TO FOLLOW
12
� t
Agreement No. 23757
Washington County and City of Tigard
Washington County, y and through its Board of STATE OF OREGON, by and through
Comm Toners its Department of Transportation
BY �' C BY
Ch ' Dkbuky Director, Highways
Date Date
APPROVAL RECOMMENDED
By ba,ta /� � �
Recorder a By
0-*): - Regi 1 Manager
Date. Date 1 pit Z4
APPROVED AS TO LEGAL SUFFICIENCY
By
By r Technical Services Manager/Chief Engineer
CO TY Counsel
"" �� Date 2
Date /41 21�
CITY of Tigard, by and through 4-elected BY
officials District 2A Manager
By Date lJ
04-1
Mayor
Date >�; 1 �(� BY
/
State'Traffiqtngineer
By Date X /�
Recorder
APPROVfg,D AS TO LEGAL
Date /U�7�(7 SIIFFIQI 2Y
APPROVED AS TO LEGAL SUFFICIENCY Assistant Attorney General
BC� �, r Date:
CITY Co s//el /�
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Location Map
M.C.& A. No. 23757
Pacific Highway West at Hall Boulevard Intersection Improvements
SW HALL BOULEVARD /
HIGHWAY 99W INTERSECTION
SW OAK ST
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SW HALL BOULEVARD / HIGHWAY 99W INTERSECTION MANAGEMENT <
PROJECT NO. 2523 , &V
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Y� O1'1 Oregon Department of Transportation
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'i��' Support Services
Theodore R.Kulnngoski,Govemor Procurement Office
455 Airport Rd. SE, Bldg. K
Salem, OR 97301-5348
February 22, 2010
City of Tigard
Attn: City Engineer
13125 SW Hall Boulevard
Tigard, OR 97223
To Whom it May Concern,
We have enclosed one original for your files of the fully executed Agreement# 23757 for our
upcoming project which covers Pacific Highway West at Hall Boulevard Intersection
Improvements. This Agreement has been signed by all parties.
We have retained one signed original of the fully executed Agreement# 23757 on file at the
Oregon Department of Transportation.
If you have any questions regarding this Agreement, please contact me at my e-mail address
jule.youngren@odot.state.or.us or at (503) 986-2731.
Sincerely, +11"V
Jule Youngren
Agreements Technical Assistant
ODOT Procurement Office
Enclosure