Loading...
ODOT - Construction (2 Projects - Scholls and Cascade) -6n November 9, 1992' DEPARTMENT OF TRANSPORTATION CITY OF TIGARD T MICHAEL & ASSBC q—D PO BOX 2339.7 JKS ARCHITEC�B`. TI�GARD OR 97223 1620 SW TAY��.bbgF� ST - #200 PORTLAND-' '�9 7205 FILE CODE: AGR Attenti!on!: Catherine Wheatley Attent !o' Brian Roberts City Recorder " `` Attachedl for your records is a copy of an agreement covering construction of the Southern Pacifi.c Railroad Crossing at the Beaverton.-Tigard Highway Section of Scholls Highway with construction of sidewalks along S.W. 'Cascade Avenue Project. We have retained a copy .of this agreement for the Transporta- tion Commission's fi'les:. Fran Neavolll COMMUNITY AND GOVERNMENTAL RELATIONS FKN/lls Attachment Transportation Building 731-0146(Rev.3-91) Salem,OR 97310 August 26, 1992 Misc . . Contracts & Agreements No. 11231 COOPERATIVE PMPROVEMENT AGREEMENT PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE THIS AGREEMENT is made and . ente.red into by and between the STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State"; T. MICHAEL AND ASSOCIATES, LTD. , who is authorized to conduct business in the State of Oregon, acting by and through , its General Partners, hereinafter referred to as "Company" ; and CITY OF TIGARD, a municipal corporation of the State of Oregon, acting by and through its City Officials, hereinafter referred to as "City" . W I T N E S S E T H RECITALS 1 . State is planning to construct the SPRR- xing - Beaverton Tigard Hwy. section .of Scholls Highway. Company has requested that the State also include construction of sidewalks along S.W. Cascade Avenue (a City street) adjacent to Company' s property, hereinafter referred to as "project" . Company' s preliminary design for the sidewalks will be incorporated into the State' s construction plans for the SPRR Xing - Beaverton Tigard Hwy. work. The location of project is approximately as shown on. the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. Project will be financed 100 percent by Company. 2. By the authority granted in 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain. types of improvement. projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 366.425, State may accept deposits of money, or an irrevocable letter of credit, from any person, firm, or corporation for the performance—of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: B1192003 NOW Contract No 11231 T. MICHAEL & ASSOCIATES, LTD. STATE OBLIGATIONS 1 . State shall perform all design work required to produce final plans, specifications and estimates; advertise. - let and award the contract.; furnish all construction engineering, material testing, technical inspection, and project manager services for administration of the contract. 2. State shall compile accurate cost accounting records. Company may request a statement of costs to date at anytime by submitting a written request. ._, When the actual total cost of services provided by State have been computed, State shall furnish Company with an itemized statement of said final costs, including preliminary and construction engineering and all contingency items attributable to project. CITY OBLIGATIONS 1 . City hereby grants State the right to enter onto and occupy' City right-of-way for the performance of necessary construction of the project. 2. City shall: authorize- execution of this agreement during a regularly convened session of its City Council. COMPANY OBLIGATIONS 1 . ` Company shall obtain all required permits, and perform all preliminary engineering and design work required to produce preliminary plans for the project. 2. Company shall, upon receipt of a fully executed copy of this agreement, forward to State' s Region office (9002 S.E. McLoughlin Blvd. , Milwaukie, Oregon 97222) an advance deposit in the amount of $4,000, said amount being equal to the estimated total cost of project construction. In the event that cost overruns are identified during the course of the project, State may request additional deposits. 3. Upon project completion and receipt from State of an itemized statement of the actual total project cost including preliminary engineering and construction, Company shall pay any amount which, when added to Company's advance deposits, will equal 100 percent of said project cost. Any portion of.. said advance deposits which are in excess of said project cost will be refunded or released to Company. 2 CONTRACT NO. 11231 T. MICHAEL & ASSOCIATES, LTD. 4. Company shall, upon completion of the project., accept responsibility for maintaining sidewalks. GENERAL PROVISIONS 1 . State, Company, and City agree and understand that a mutual review of the project .plans and specifications will be conducted prior to advertisement for construction bid proposals. 2, It is mutually understood that if State fails to construct the project within one year from the date of this executed agreement, Company may perform the required work and the terms of this agreement will be null and void. Furthermore, all deposits paid in advance by the ompany to the State shall be returned to the Company in full upon Company' s completion of the project. 3. The contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers compensation coverage for all their subject workers. IN WITNESS WHEREOF, the partie's hereto have set their hands and affixed their seals as of the day and year hereinafter written. -3- Contract No. 11231 T Michael & Associates, Ltd. The SPRR xing-Beaverton Tigard Highway section of Scholls Highway was. appro.ved by the Oregon Transportation Commission on July 21, 1992 as part of the Six Year Transportation Improvement Program. The Oregon Transportation Commission, by a duly adopted delegation order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has been further delegated to the Manager of the Program Section pursuant to Subdelegation Order HWY6 paragraph 12 . APPROV DE STATE OF OREGON, by and through its Department of Transportation, By Highwa Divi o Region Engineer By ProgramfSection Manager Date JdZ31���1'�- APPROVED- AS TO LEG UFFICIE CY T. MICHAEL & ASSOCIATES, LTD. By andEtkl ough its Ge eral ByU Par Asst. Attorney Gen. Date �2 By L�i/2(� � Title. General Partner Date September 23, 1992 T. MICHAEL & ASSOC. , LTD. Billing Address: CITY O TIGARD By a krits City T. Michael & Assoc. , Ltd. Off ci s c/o Brian Roberts JKS Architects B 1620 S.W. Taylor St. Tr Suite 200 Portland., Oregon 97205 By C"Tfy Reorder Date 10113114 -4- I I I I Now 'Row. I N I A. I � CL i I I I I T.M09AL&ASSOC I SWINE CO XWELRY STORE ` I I -SW.CASCADE AVE NORTH AREA OF WORK W E T &AssOC )KS Architects 1620 S.W.Tavlor Street • Suite 200• Portlrtland,Oregon 97201 s}iANE CO CRY STORE E x h i b'$ �®_ ,Ttl1 . 503.227.5616 • FAX 503.227.3590