ODOT ~ AG236001 Misc. Contracts and Agreements
No. 73000-00010257
COOPERATIVE IMPROVEMENT (UTILITY) AGREEMENT
Project Name OR99W: 1-5 — McDonald St.
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"
or "ODOT;" and the City of Tigard, acting by and through its elected officials, hereinafter
referred to as"Agency"or"City," both herein referred to individually or collectively as"Party"
or "Parties."
RECITALS
1. Pacific Hwy West (OR99W), is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission (OTC).
2. By the authority granted in Oregon Revised Statutes (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. ODOT, 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 ODOT for highway purposes. Responsibility for and jurisdiction
over all other portions of a city street remains with the City.
4. By the authority granted in ORS 366.425, 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.
5. ODOT is conducting a project to repave roadway, fill in sidewalk and bike lane gaps,
upgrade curb ramps to current standards, improve access management, and address
drainage as needed. Includes full signal upgrade at Johnson/Main. This project will
repair rutting and surface damage from vehicles and allow safer travel for motor
vehicle operators, bicycle riders and pedestrians. While the Project is under
construction, ODOT will use this opportunity to perform 29 minor adjustment of
manholes, 1 major adjustment of a manhole and 30 adjustments of boxes/valves that
are located throughout the Project.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
06-10-22
ODOT/City of Tigard
Agreement No. 73000-00010257
TERMS OF AGREEMENT
1. Under such authority, ODOT and City agree that ODOT or its contractor shall install
City's non reimbursable minor and major adjustments of manholes and box/valve
replacements located within the Project, as required to complete ODOT'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 $59,100.00 in City funds. The
estimate for the total Project cost is subject to change. City shall be responsible for all
waterline associated work as described in Exhibit B, attached hereto, and by this
reference made a part hereof.
3. City and ODOT 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.
CITY OBLIGATIONS
1. City grants ODOT the right to enter onto City right of way for the performance of duties
as set forth in this Agreement.
2. 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 $59,100.00 for the Project, said amount
being equal to the estimated total cost for the work performed by ODOT at City's
request under ODOT Obligations, paragraph 2. 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.
3. 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 shall pay 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.
4. All City minor and major adjustments of manholes and box/valve replacements and
appurtenances installed by ODOT or its contractor will require inspections by City. City
personnel will work directly with ODOT personnel. City shall not contact or
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ODOT/City of Tigard
Agreement No. 73000-00010257
communicate with ODOT's contractor without ODOT's consent. City will provide all
necessary documentation to ODOT. ODOT shall present to City any Contract Change
Order for review and written approval by City.
5. City acknowledges and agrees that ODOT, 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 City 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 ODOT.
6. 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 City 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.
7. City's Project Manager for this Project is Joe Wisniewski 13125 SW Hall Blvd, Tigard
OR 97223; (971) 271-4772, joew(a�tigard-or.gov, or assigned designee upon
individual's absence. City shall notify the other Party in writing of any contact
information changes during the term of this Agreement.
ODOT OBLIGATIONS
1. ODOT, 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. 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 $59,100.00 for
payment of minor and major manhole adjustment and box and valve replacement
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, 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 Project or ODOT will refund to City any portion of said advance deposit which
is in excess of the total ODOT costs for Project.
4. ODOT shall perform the service under this Agreement as an independent contractor
and shall be exclusively responsible for all costs and expenses related to its
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ODOT/City of Tigard
Agreement No. 73000-00010257
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 ODOT, 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. ODOT shall ensure that each of its contractors complies
with these requirements.
6. ODOT 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, ODOT 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, as amended, 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. ODOT's Project Manager for this Project is Nicole Frankl, State Utility Liaison, ODOT
—Technical Services, 4040 Fairview Ind. Drive SE, MS#2 Salem OR 97302, 503-986-
3658, utilityandrailprogra odot.oregon.gov, or assigned designee upon individual's
absence. ODOT 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
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
4
ODOT/City of Tigard
Agreement No. 73000-00010257
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 City 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 ODOT
or City 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 ODOT is jointly liable with City (or would
be if joined in the Third Party Claim), ODOT 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 City in such proportion as is
appropriate to reflect the relative fault of ODOT on the one hand and of City 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 ODOT on the one hand and of City 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.
ODOT'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 ODOT had sole liability in the proceeding.
6. With respect to a Third Party Claim for which City is jointly liable with ODOT (or would
be if joined in the Third Party Claim), City 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 ODOT in such proportion as is
appropriate to reflect the relative fault of City on the one hand and of ODOT 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 City on the one hand and of ODOT 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
5
ODOT/City of Tigard
Agreement No. 73000-00010257
circumstances resulting in such expenses, judgments, fines or settlement amounts.
City'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
ODOT to enforce any provision of this Agreement shall not constitute a waiver by
ODOT of that or any other provision.
10.Electronic Signatures. The Parties agree that signatures showing on PDF documents,
including but not limited to PDF copies of the Agreement and amendments, submitted
or exchanged via email are "Electronic Signatures" under ORS Chapter 84 and bind
the signing Party and are intended to be and can be relied upon by the Parties. ODOT
reserves the right at any time to require the submission of the hard copy originals of
any documents.
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 2021-2024 Statewide Transportation Improvement Program (STIP),
(Key # 20435) that was approved by the Oregon Transportation Commission on July 15,
2020 (or subsequently approved by amendment to the STIP).
6
ODOT/City of Tigard
Agreement No . 73000-00010257
CITY OF TIGARD , by and through its elected STATE OF OREGON , by and through
officials / its DepartmentofTransportation
By L By
Region 1 Manager
Title city Engineer JI—Zd2
Date 2
Date
LEGAL REVIEW APPROVAL (If required in APPROVAL RECOMMENDED
City's process) By
By / -
City Legal Counsel Date
Date 8/ 8/2022 APPROVED AS TO LEGAL
SUFFICIENCY
City Contact :
Joe Wisniewski By N/A
13125 SW Hall Blvd . Assistant Attorney General ( If Over
Tigard , OR 97223 $ 150 , 000)
(971 ) 271 -4772
loewtigard-or.qov Date
(a
ODOT Contact :
Nicole Frank[
State Utility and Rail Liaison
ODOT — Technical Services
4040 Fairview Ind . Drive SE MS#2
Salem OR 97302
503-986-3658
UtiIityandRai IProgra (a odot.oregon .gov
7
ODOT/City of Tigard
Agreement No. 73000-00010257
EXHIBIT A — Project Location Map
STATE OF OREGON _ 55V-088
INDIXOFSHCETS
SHFFi N0. 1)FXRIP7bN DEPARTMENT OF TRANSPORTATION _
Aoi 77ft.Sheaf 1'LA NS II)R PROVC)SI I.) I'NI II LC I
A02&A03 InOex Or Sheets C-1.
4036 A04 510. .No and RIWM&ps GRADING, DRAINAGE,STRUCTURES,PAVING,CURB RAMPS,PAVEMENT
MARKINGS,SIGNING,SIGNALS&ROADSIDE DEVELOPMENT
OR99W: 1-5 - MCDONALD ST SECTION
T
PACIFIC HIGHWAY WEST
ATTENTION:
WASHINGTON &MULTNOMAH COUNTIES °'e9wT`h.lo,,'•9e'"olFltiuwN ff,I.c:nAdp1ed
OCTOBER 2022 Thos.RulTMou91t OAR'952n OAR99-001-0001
You May Obtain Copies Of The Roles 9v Callln9
,be C.nt.,IN. ;.ITh.T.l.ph.n•Number.o,
The*,.so.OIII IIy Ratification Centef I$
(SOI)
BEGINNING OF PROJECT w �
STA "B" 191+45.46(MP 7.46)^ TEA< o---w—— 217 o sF. �% WnR`EGAL•NL,
BLI�Q > �$ *- CIN f To IAaRE 1X15 of
,r� � rg o
108 SAFF
END OF PROJECT '° "a RRQ PIANS PREPARED FOR
STA"L" 140+59.02.(MP 10,26) `�N6 OREGON DEPARTMENT OF TRANSPORTATION
Sr NPLNUT v
O
9►'�Q�� � TlotifPelcTsonTIfARDs NighellisInc.
T7ece .............I--.,.......................
R GAARDE MCDONALD O"Il OREGON? 11. ORC.NR COMMISSION
O 3T. KR R•brt Van 4«ill. tOWR
-_BULL MO ST AMMO swp_ WE
{Ny.
�N I.R.— COMMI331at.
a w )AIN RD B ITA RD. p-_s- COMMn510NtR
RAtt(pno w.k,kWv, IUC.Ot a r.ANaro.rxllpY
x Of SAT TLER ST. a _ GP�� These plans mit developed using ODOT design stand Ws.
END OF CONTRACT
ERaptlons to these standards.rany.have been submhled
n 1 0 Q. SUMMERFIELD A and approved by the ODOT Chief Engine.,o,thel,de1,9.:.d
\
STA"LS 325+50.00.(MP 13.72) N"C{' � \y° DR' DURHAM RD. �y '°'h°''"BEEF BENDKINGO� -
N j; p APP,ovinq Aulho,lty;
519nat—&date
F,gCNER DURHAM/r Fd dd P Mlfand -ODOT Re9bn1
St0 �' O Tech,W cent.'It...go,
HAZELBROOK RD.. O' Pd.,name and thl.
G P V
UAL ATIN RD. .0 > ?
N _ K ! j` Co acne by ODOT CHO En9lnee,
Her�an DR./ :: `141 °
/ TUALATIN -\ �dYeERG o�OEPART,VP OR99W:1.5•MCDONALD STSECTION
99W =CZ 1 4 'fes PAgFlc HIG-IWAYV,TST
w O Wa5FRN0TON A V..:VCn1NF CO.N71.6
=w Q
.v "Fpl ysinrtipSv Fa<)lcT N.vat9
*�'SSppltTf`SNO OREGON
ENVISION 5091:090) A01
R20435_A01.d9n::A01 7,6:2022 12:01:52PM 1a 1-lckewdl 'd•c'� tuc' -r te Ro:atlon:0' Scale:i'-100'
8
ODOT/City of Tigard
Agreement No. 73000-00010257
EXHIBIT B — Cost Estimate
Item Description Item Code Unit Quantity Estimated Cost
Unit Price
MINOR ADJUSTMENT 0490-0120000E EACH 29 $1,200.00 $34,800.00
OF MANHOLES
MAJOR ADJUSTMENT 0490-0121000E EACH 1 $6,000.00 $6,000.00
OF MANHOLES
ADJUSTING 0490-0100000E EACH 30 $610.00 $18,300.00
BOXES/VALVES
Total $59,100.00
9
Debbie Manning
From: HUNGATE Cameo R*Cammi <Cameo.R.HUNGATE@odot.oregon.gov>
Sent: Friday, August 12, 2022 7:45 AM
To: Joe Wisniewski
Cc: Utility and Rail Program; FRANKL Nicole; HOWE Heather C
Subject: Notice of Execution: 73000-00010257 OR99W: 1-5 to McDonald St CIA Utility
Attachments: 73000-00010257 Fully Executed.pdf
Good Morning,
For your information, Agreement Number 73000-00010257 for OR99W: 1-5 to McDonald St CIA Utility Agreement
between ODOT and the City of Tigard was fully executed on 08/11/2022. Attached as a PDF is a fully signed version of
the Agreement.
Attention: This email DOES NOT signify a Notice to Proceed.You will receive a Notice to Proceed from the State's Local
Agency Liaison or the Project Manager assigned to your project. Please contact the Local Agency Liaison or Project
Manager assigned to your project with any questions you may have.
Thank you and have a great day!
Cammi Hungate
Goff
S'M'°"rs`"wir_!'rr Procurement&Contract Specialist I ODOT Procurement Office, MS#51
355 Capitol St. NE, Salem, OR 97301
PF-
Phone: 503.986.69191 cameo.r.hungate@odot.oregon.gov
rPMUFUMEN7 4FPIGt
*
MOVING
r �
As of 4/1/22,the ODOT Procurement Office will be located at:355 Capitol St.NE,MS 51,Salem,OR 97301
OPO Purpose: "We provide collaborative, professional procurement services to meet ODOT's business needs."
OPO Vision: "OPO is recognized for contributing to the success of every business partner by fostering positive
interactions, making the procurement process easy, and offering procurement expertise."
QR€GQH
OWIN WilioonbemplacedwKHOFeWnDuys.Adlyendm
wgistef for OregmOuys to con tirmie doiN busims,with us. NOW
1