ODOT ~ IG187013 ~ Beef Bend Road Culvert Replacement (No. 32608) Misc. Contracts and Agreements
No.32608
COOPERATIVE IMPROVEMENT (UTILITY) AGREEMENT
Project Name: Beef Bend Road Culvert Replacement
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 "State;"
and the City of Tigard, acting by and through its elected officials, hereinafter referred to
as "Agency," both herein referred to individually or collectively as "Party" or "Parties."
RECITALS
1. Beef Bend Road is a part of the county road system under the jurisdiction and
control of Washington County.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, State 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. State, by ORS 366.220, is vested with complete jurisdiction and control over the
roadways of other jurisdictions taken for state highway purposes. By the authority
granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no
regular established curb, then control extends over such portion of the right of way
as may be utilized by State for highway purposes. Responsibility for and jurisdiction
over all other portions of a city street remains with the Agency.
4. By the authority granted in ORS 366.425, State 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, State shall proceed with the
Project. Money so deposited shall be disbursed for the purpose for which it was
deposited.
5. State is conducting a project to replace the Stormwater culvert under Beef Bend
Road that failed during a weather event in December 2015. While the Project is under
construction, State will use this opportunity to replace Agency's non-reimbursable
water line that runs under Beef Bend Road.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals,
it is agreed by and between the Parties hereto as follows:
12-08-14 Key# 19749
State/Agency
Agreement No. 32608
TERMS OF AGREEMENT
1. Under such authority, State and Agency agree that State or its contractor shall
install Agency's non-reimbursable water lines located within Beef Bend Road, as
required to complete State's project, hereinafter referred to as "Project." The
location of the Project is approximately as shown on the sketch map attached
hereto, marked Exhibit A, and by this reference made a part hereof.
2. The Project will be financed at an estimated cost of $56,193.00 in Agency funds.
The estimate for the total Project cost is subject to change. Agency shall be
responsible for all waterline associated work as described in Exhibit B, attached
hereto, and by this reference made a part hereof.
3. Agency and State shall coordinate Change Order(s) affecting the Utility's facilities.
The fillable Contract Change Order, form 734-1169, is available at the following web
site:
Highway - Construction Section ODOT Construction Forms
4. The term of this Agreement shall begin on the date all required signatures are
obtained and shall terminate upon completion of the Project and final payment or
ten (10) calendar years following the date all required signatures are obtained,
whichever is sooner.
AGENCY OBLIGATIONS
1 . Agency grants State the right to enter onto Agency right of way for the performance
of duties as set forth in this Agreement.
2. Agency shall upon receipt of a fully executed copy of this Agreement and upon a
subsequent letter of request from State, forward to State an advance deposit or
irrevocable letter of credit in the amount of $56,193.00 for the Project, said amount
being equal to the estimated total cost for the work performed by State at Agency's
request under State Obligations, paragraph 2. Agency agrees to make additional
deposits as needed upon request from State. Depending upon the timing of portions
of the Project to which the advance deposit contributes, it may be requested by
State prior to Preliminary Engineering, purchase of right of way, or approximately 4-
6 weeks prior to Project bid opening.
3. Upon completion of the Project and receipt from State of an itemized statement of
the actual total cost of State's participation for the Project, Agency shall pay any
amount which, when added to Agency's advance deposit, will equal 100 percent of
actual total State costs for the Project. Any portion of said advance deposit which is
in excess of the State's total costs will be refunded or released to Agency.
4. All Agency water line and appurtenances installed by State or its contractor will
require inspections by Agency. Agency personnel will work directly with State
personnel. Agency shall not contact or communicate with State's contractor without
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State's consent. Agency will provide all necessary documentation to State. State
shall present to Agency any Contract Change Order for review and written approval
by Agency.
5. Agency acknowledges and agrees that State, the Oregon Secretary of State's
Office, the federal government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Agency 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 final payment (or
completion of Project -- if applicable.) Copies of applicable records shall be made
available upon request. Payment for costs of copies is reimbursable by State.
6. Agency shall, upon the completion of the Project be responsible for the maintenance
and repairs of its water lines located within Beef Bend Road
7. Agency, if a City, by execution of Agreement, gives its consent as required by ORS
373.030(2) and ORS 105.760 to any and all changes of grade within the Agency
limits, and gives its consent as required by ORS 373.050(1) to any and all closure of
streets intersecting the highway, if any there be in connection with or arising out of
the Project covered by the Agreement.
8. Agency's Project Manager for this Project is Kim McMillan, Assistant City Engineer,
13125 SW Hall Blvd Tigard Oregon 97223; 503-718-2642; kim@tigard-or.gov, or
assigned designee upon individual's absence. Agency shall notify the other Party in
writing of any contact information changes during the term of this Agreement.
STATE OBLIGATIONS
1 . State, or its consultant, shall conduct the necessary field surveys, environmental
studies, traffic investigations, preliminary engineering and design work required to
produce and provide final plans, specifications and cost estimates for the Project;
identify and obtain all required permits; perform all construction engineering,
including all required materials testing and quality documentation; prepare all bid
and contract documents; advertise for construction bid proposals; award all
contracts; pay all contractor costs, provide technical inspection, project management
services and other necessary functions for sole administration of the construction
contract entered into for this Project.
2. State shall, upon execution of the agreement, forward to Agency a letter of request
for an advance deposit or irrevocable letter of credit in the amount of $56,193.00 for
payment of water line facilities. Requests for additional deposits shall be
accompanied by an itemized statement of expenditures and an estimated cost to
complete Project.
3. Upon completion of the Project, State shall either send to Agency a bill for the
amount which, when added to Agency's advance deposit, will equal 100 percent of
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the total state costs for Project or State will refund to Agency any portion of said
advance deposit which is in excess of the total State costs for Project.
4. State shall perform the service under this Agreement as an independent contractor
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.
5. All employers, including State, 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. Employers Liability insurance with coverage limits of not less
than $500,000 must be included. State shall ensure that each of its contractors
complies with these requirements.
6. State shall comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530
and 279B.270 incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, State 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.
7. State's Project Manager for this Project is Heather Howe, State Utility Liaison,
ODOT — Technical Services, 4040 Fairview Ind. Drive SE, MS#2 Salem OR 97302,
503-986-3658, Heather.C.Howe@odot.state.or.us, or assigned designee upon
individual's absence. State shall notify the other Party in writing of any contact
information changes during the term of this Agreement.
GENERAL PROVISIONS
1 . This Agreement may be terminated by either Party upon thirty (30) days notice, in
writing and delivered by certified mail or in person.
2. Either Party may terminate this Agreement effective upon delivery of written notice
to the other Party, or at such later date as may be established by that Party, under
any of the following conditions:
a. If the other Party fails to provide the services called for by this Agreement within
the time specified herein or any extension thereof.
b. If the other Party 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 the other Party
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Agreement No. 32608
fails to correct such failures within ten (10) days or such longer period as the
other Party may authorize.
c. If either Party fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow that Party, in the exercise of its
reasonable administrative discretion, to continue to advance this Project or the
terms of this Agreement.
d. 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 Agency 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 any third party makes any claim or brings any action, suit or proceeding alleging a
tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State
or Agency with respect to which the other Party may have liability, the notified Party
must promptly notify the other Party in writing of the Third Party Claim and deliver to
the other Party a copy of the claim, process, and all legal pleadings with respect to
the Third Party Claim. Each Party is entitled to participate in the defense of a Third
Party Claim, and to defend a Third Party Claim with counsel of its own choosing.
Receipt by a Party of the notice and copies required in this paragraph and
meaningful opportunity for the Party to participate in the investigation, defense and
settlement of the Third Party Claim with counsel of its own choosing are conditions
precedent to that Party's liability with respect to the Third Party Claim.
5. With respect to a Third Party Claim for which State is jointly liable with Agency (or
would be if joined in the Third Party Claim), State shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. State's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.
6. With respect to a Third Party Claim for which Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency shall contribute to the amount of
expenses (including attorneys' fees), judgments, fines and amounts paid in
settlement actually and reasonably incurred and paid or payable by State in such
proportion as is appropriate to reflect the relative fault of Agency on the one hand
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Agreement No. 32608
and of State on the other hand in connection with the events which resulted in such
expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State
on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct
or prevent the circumstances resulting in such expenses, judgments, fines or
settlement amounts. Agency's contribution amount in any instance is capped to the
same extent it would have been capped under Oregon law, including the Oregon
Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.
7. The Parties shall attempt in good faith to resolve any dispute arising out of this
Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or
arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.
8. 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.
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 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 State to enforce any provision of this Agreement shall not constitute a waiver by
State of that or any other provision.
10.Americans with Disabilities Act Compliance:
a. When the Project scope includes work on sidewalks, crosswalks, curb ramps, or
pedestrian-activated signals or triggers an obligation to address curb ramps or
pedestrian signals, the Parties shall:
i. Utilize ODOT standards to assess and ensure Project compliance with
Section 504 of the Rehabilitation Act of 1973 and the Americans with
Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008
(together, "ADA"), including ensuring that all sidewalks, curb ramps, and
pedestrian-activated signals meet current ODOT Highway Design Manual
standards;
J. Follow ODOT's processes for design, modification, upgrade, or construction
of sidewalks, curb ramps, and pedestrian-activated signals, including using
the ODOT Highway Design Manual, ODOT Design Exception process, ODOT
Standard Drawings, ODOT Construction Specifications, providing a
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Agreement No. 32608
temporary pedestrian accessible route plan and current ODOT Curb Ramp
Inspection form;
iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form
734-5020 to the address on the form as well as to State's Project Manager
for each curb ramp constructed, modified, upgraded, or improved as part of
the Project. The completed form is the documentation required to show that
each curb ramp meets ODOT standards and is ADA compliant. ODOT's
fillable Curb Ramp Inspection Form and instructions are available at the
following address:
http://www.orecion.gov/ODOT/HWY/CONSTRUCTION/Pages/HwvConstForm
s1.aspx; and
b. State shall ensure that temporary pedestrian routes are provided through or
around any Project work zone. Any such temporary pedestrian route shall
include directional and informational signs, comply with ODOT standards, and
include accessibility features equal to or better than the features present in the
existing pedestrian facility.
c. State shall also ensure that advance notice of any temporary pedestrian route is
provided in acessible format to the public, people with disabilities, and disability
organizations at least 10 days prior to the start of construction.
d. Agency shall ensure that any portions of the Project under Agency's
maintenance jurisdiction are maintained in compliance with the ADA throughout
the useful life of the Project. This includes, but is not limited to, Agency ensuring
that:
i. Pedestrian access is maintained as required by the ADA,
ii. Any complaints received by Agency identifying sidewalk, curb ramp, or
pedestrian-activated signal safety or access issues are promptly evaluated
and addressed,
iii. Any repairs or removal of obstructions needed to maintain Project features in
compliance with the ADA requirements that were in effect at the time of
Project construction are completed by Agency or abutting property owner
pursuant to applicable local code provisions,
iv. Any future alteration work on Project or Project features during the useful life
of the Project complies with the ADA requirements in effect at the time the
future alteration work is performed, and
v. Applicable permitting and regulatory actions are consistent with ADA
requirements.
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Agreement No. 32608
e. Maintenance obligations in this section shall survive termination of this
Agreement.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2018-2021 Statewide Transportation Improvement Program, (Key
#19749) that was adopted by the Oregon Transportation Commission on July 20, 2017
(or subsequently approved by amendment to the STIP).
City of Tigard, by and through its elected STATE OF OREGON, by and through
officials its Department of Transportation
By `� R By .;�i---�--� -
Rian Windsheimer, Region 1 Manager
Title�— �-�1�✓tag�.,r-
Date
�J Date
APPROVED AS TO LEGAL SUFFICIENCY APPRO q E D
(If Required) B
B Michail Ki in r, erim St Traffic-
Legal Counsel
By Rodway Engineer
Date Date: Fr
Agency Contact: By
6144,
Kim McMillan Heath r Howe, State tility& Railroad
13125 SW Hall Blvd Liaison
Tigard, Oregon 97223 Datei
ZJ
503-718-2642 C/ _I
kim@tigard-or.gov
APPROVED FOR LEGAL SUFFICIENY
(IF REQUIRED)
Not required Per OAR 137-045-0050(18)
State Contact:
Heather Howe, State Utility Liaison
ODOT—Technical Services
4040 Fairview Ind. Drive SE MS#2
Salem OR 97302
503-986.3658
Heather.C.Howec5-odot.state.or.us
8
State/Agency
Agreement No.
EXHIBIT A—Project Location Map
t?V-?r
STATE OF OREGON _
NMXO` DEPARTMENT OF TRANSPORTATION
GRADING,DRAINAGE,STRUCTURES,AND PAVING
BEEF BEND ROAD CULVERT REPLACEMENT PROJECT
END OF PROJECT BEEF BEND ROAD j
C067(107)
A"B"16 25.00 WASHINGTON COUNTY
ST
+
JUNE 2018 •rrt"rla"
IN I
RV � an[con naraxom,roxaswrocoa
A t w
BEGINNING OF PROJECT
C067(107) _
STA"B"10+75.00 --
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Qpx ER UALA�
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9
State/Agency
Agreement No. 32608
EXHIBIT B—Cost Estimate
PROJECT: Beef Bend Road Culvert Replaoment Project DATE: 3/22/18
HIGHWAY: Beef Bend Road MP:
COUNTY: Washington Advance Design Estimate
KEY NO,: K19749 Jim Phillips,PE
UNIT TOTAL Waterline
CODE ITEM UNITS DUAN COST COSTI$) City of Tigard Cost
TEMPORARY FEATURES AND APPUTENANCES SUBTOTAL $276,678.70
210-0100000A IMOBILLZATION LS 1 10% $147,768.70 $4,291.92
0225-0100000A TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 1 $35,000.00 $35,000 $1,016.57
0225-0102000) TEMPORARY SIGNS SOFT 510 $20.00 $10,200 $296.26
0225.0104000E TEMPORARY BARRICADES,TYPE II EACH 5 $50.00 $250 $7.26
225-0105000E TEMPORARY BARRICADES,TYPE 111 EACH 6 $150.00 $900 $26.14
!225-0145000E TEMPORARY PLASTIC DRUMS EACH 36 $50.00 $1,800 $52.28
0225-0164000E PORTABLE CHANGEABLE MESSAGE SIGNS EACH 6 $6,000.00 $36,000 $1,045.61
0245-0100000A TEMPORARY WATER MANAGEMENT FACILITY AT STATION"B"13-26 LT. LS 1 $20,000.001 $20,000 $580,90
0280-0100000A EROSION CONTROL LS 1 $15,000.00 $15,000 $435.67
0280-0106030E CHECK DAM,TYPE 3 EACH 10 $100.00 $1,000 $29.04
0280-0113000F SEDIMENT FENCE FOOT 610 $6.00 $3,660 $106.30
0280-0114040E INLET PROTECTION,TYPE 4 EACH 11 $100.00 $1,100 $31.95
0280-0115080E SEDIMENT BARRIER,TYPE 8 EACH 150 $10.001 $1,500 $43.57
0290-0100000A POLLUTION CONTROL PLAN LS 1 $2,500.001 $2,500 $72.61
WATER SUPPLY SYSTEMS SUBTOTAL $39,176.00
140-0300000E I G MAIN EACH 2 $300.00 $600 $600
114 050000OF 6 10H DUCTILE IRON PIPE WITH RESTRAINED JOINTS AND CLASS BACKFILL FOOT 2 5.00 $2,125 $2,125
1140-0500000E 16 INCH DUCTILE IRON PIPE WITH RESTRAINED JOINTS AND CLASS B BACKFILL FOOT 90 $225.00 $20,250 $20,250
1140-0610000E DUCTILE IRON PIPE TEES,16 x 6 INCH EACH 1 $4,100.00 $4,100 $4,100
1140-0650000E DUCTILE IRON PIPE BEND,61NCH EACH 1 $500.00 $500 $500
1140-0660000E DUCTILE IRON PIPE COUPLING,16 INCH EACH 4 $1,000.00 $4,000 $4,000
11513-0100000E 61NCH GATE VALVE EACH 1 $1,600.00 $1,600 $1,600
1160-0102000E MOVING EXISTING HYDRANTS EACH 1 $4,000.00 $4,000 $4,000
1170.0111000E IRELOCATE 1 INCH WATER METER ASSEMBLY EACH1 $2,000.00 $2,000 $2,000
SUBTOTAL,Constmation Items $1,626,465.70
CONTINGENCIES,for all work listedl 1 3.5% $56,890.95 $1,652.39
CONSTRUCTION ENGINEERING1 1 15%1 $252,352.00 $7,329.52
TOTAL CONSTRUCTION COSTS,Lass Right of Way $1,934,698.66
RIGHT OF WAY COSTS
TOTAL CONSTRUCTION COSTS $1,934,698.66
rt out o izanon an s 9,
Calculated Mobilisation $147,768.7 4,292
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State/Agency
Agreement No. 32608
Of Total 9%
Costs SHAREC
8,
CO CT ON 3 W ITO A 1,9 ,698.6 56,19
11