ODOT - 27221 ARRA Funding Misc. Contracts and Agreements
No. 25,475
AMENDMENT NO. 2
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1 R-Paving
Bonita Road, Durham Road and 72"d Avenue Overlay (Tigard)
City of Tigard
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," entered into Local Agency
Agreement No. 25,475 on April 28, 2009 and Amendment Number 1 on September 24,
2009. Said Agreement covers the paving of various streets and roads as listed in Exhibit
A.
It has now been determined by State and Agency that the Agreement referenced above
shall be amended to change the amount of ARRA money that was spent and to update
standard language. Except as expressly amended below, all other terms and conditions
of the Agreement are still in full force and effect.
TERMS OF AGREEMENT, Paragraph 2, Page 2, which reads:
2. The Project shall be conducted as a part of the ARRA Program under Title 23,
United States Code. The total Project cost is estimated at $1,116,000, which is
subject to change. ARRA Program funds for this Project shall be limited to
$1,116,000. The Project will be financed with ARRA funds at 100 percent of the
maximum allowable federal participating amount. Agency will not be required to
provide a match for the ARRA funds but will be responsible for any non-participating
costs, including all costs in excess of the available federal funds. No ARRA funded
invoices will be accepted and no ARRA funded payments will be made after
September 30, 2015.
Shall be deleted in its entirety and replaced with the following:
2. The Project shall be conducted as a part of the ARRA Program under Title 23,
United States Code. The funding of this Project was combined with two (2) other
projects for cost-savings and efficiency. The funding aspects of this Project are
detailed in Miscellaneous Contracts & Agreements Number 27221.
TERMS OF AGREEMENT, Paragraphs 3, 4, and 10 shall be deleted in their
entirety.
TERMS OF AGREEMENT, Paragraphs 5 through 9, shall hereinafter be re-
numbered as Paragraphs 3 through 7.
TERMS OF AGREEMENT, Paragraphs 11 through 16, shall hereinafter be re-
numbered as Paragraphs 8 through 13.
Agency/State
Agreement No. 25475-02
TERMS OF AGREEMENT, Paragraph 4, Page 2, which reads:
4. Agency shall report to State the required reporting data by federal and state mandates
for delivery of the ARRA program. State shall inform the local agencies of the
reporting requirements once they have been received from FHWA and the
Department of Administrative Services and such requirements shall be made a part of
this Agreement.
Shall be deleted in its entirety and replaced with the following:
4. Agency shall report to State the required reporting data by federal and state mandates
for delivery of the ARRA program. State shall inform the Agency of the reporting
requirements once they have been received from FHWA and the Oregon Department
of Administrative Services and such requirements shall be made a part of this
Agreement. Agency is also subject to other requirements for use of ARRA funds,
including but not limited to the U.S. Comptroller and Inspector General, and ARRA
Sign Requirement provisions.
SPECIAL PROVISIONS, Paragraph 5, shall be deleted in its entirety.
SPECIAL PROVISIONS, Paragraphs 6 through 9, shall hereinafter be re-numbered
as Paragraphs 5 through 8.
Insert new SPECIAL PROVISIONS, Paragraphs 9 through 15, to read as follows:
9. Job Recruitment — In addition to normal recruitment processes on all ARRA funded
projects, the contractor and all subcontractors shall also list job openings through
"WorkSource Oregon" with the exception that job listings are not necessary when
the contractor or subcontractor fills a job opening with a present employee, a laid-off
former employee, or a job candidate from a previous recruitment.
10.Agency shall include the ARRA requirements in any contract it enters into, including
consultant contracts, and subcontracts at any tier. Agency may modify language to
match its own specifications, but such modifications shall be reviewed and approved
by State prior to incorporation into any contract.
11.Agency shall comply with ARRA requirements that provide the U.S. Comptroller
General and his representatives with the authority: "(1) to examine any records of
the contractor or any of its subcontractors, or any State or local agency
administering such contract, that directly pertain to, and involve transactions relating
to the contract or subcontract; and (2) to interview any officer or employee of the
contractor or any of its subcontractors, or of any State or local government agency
administering the contract, regarding such transactions."
12.Accordingly, the Comptroller General and his representatives shall have the
authority and rights as provided under Section 902 of the ARRA with respect to this
Agreement, which is funded with funds made available under the ARRA. Section
2
Agency/State
Agreement No. 25475-02
902 further states that nothing in this section shall be interpreted to limit or restrict in
any way any existing authority of the Comptroller General.
13.Agency shall comply with the ARRA requirements that provide authority for any
representatives of the Inspector General to examine any records or interview any
employee or officers working on this Agreement. Agency is advised that
representatives of the Inspector General have the authority to examine any record
and interview any employee or officer of the contractor, its subcontractors or other
firms working on this Project. Section 1515(b) of the ARRA further provides that
nothing in this section shall be interpreted to limit or restrict in any way any existing
authority of an Inspector General.
14.Whistleblower Protection — The Agency and its Contractor shall, and shall require its
subcontractors to, comply with Section 1553 of ARRA, which prohibits all non-
federal contractors of ARRA funds, including the State of Oregon, and all contractors
of the State, from discharging, demoting or otherwise discriminating against an
employee as a reprisal for the employee's disclosure of information that the
employee reasonably believes is evidence of: (a) gross mismanagement of a
contract or grant relating to ARRA funds; (b) a gross waste of ARRA funds; (c) a
substantial and specific danger to public health or safety related to the
implementation or use of ARRA funds; (d) an abuse of authority related to
implementation or use of ARRA funds; or (e) a violation of law, rule, or regulation
related to an agency contract (including the competition for or negotiation of a
contract) or grant, awarded or issued relating to ARRA funds. The Contractor and
its subcontractors shall post notice of the rights and remedies available to
employees under Section 1553 of ARRA.
15.False Claims Act — The Contractor shall promptly refer to an appropriate federal
inspector general any credible evidence that a principal, employee, agent,
subcontractor or other person has committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct
involving those funds.
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
terms and conditions.
This Project is amended into the 2008-2011 Statewide Transportation Improvement
Program, Key No. 16491 that was approved by the Oregon Transportation Commission
on November 14, 2007 or will subsequently be approved by amendment to the STIP.
3
Agency/State
Agreement No. 25475-02
CITY OF TIGARD, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
BBy
Date 12,o
Highway Division Administrator
(2�3
Date
APPROVED AS TO LEGAL APPROVAL RECOMMENDED
SUFFICIENCY
By
By Local Government Section Manager
Agen Co IF
Date
Date l (3 4�
APPROVED AS TO LEGAL
Agency Contact: SUFFICIENCY
Mike McCarthy, Senior Project Engineer
City of Tigard — Public Works Department By
13125 SW Hall Blvd Assistant Attorney General
Tigard, OR 97223
503-718-2462 Date
mikem@tigard-or.gov
State Contact:
Michele Thom, Local Agency Liaison
ODOT - Region 1
123 NW Flanders St.
Portland, OR 97209
503-731-8279
michele.r.thom@odot.state.or.us
4
City of Tigard
a RECORDS
New Records Transmittal
Department: Public Works Division Code: 6250 Date: 1/12/12
Prepared by: Diane Jelderks Extension: 2465 Dept. Box No.
Description Dates Retention Code
IGA - Misc Contract&Agreements No. 27,221 12/13/11 166-200-0135L/v�)
Local Agency Agreement
American Recovery & Reinvestment Act of 2009
1R-Paving
City of Tigard
City of Sherwood
City of Cornelius
Agreement signed by the City.
Amendment No. 2
Misc Contract&Agreements No. 25,475
Local Agency Agreement
American Recovery & Reinvestment Act of 2009
Bonita Rd, Durham Rd, & 72nd Ave Overlay
** *TO BE COMPLETED BY RECORDS DIVISION STAFF
Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date:
I/Design and Communications/Records/New Records Transmittal—1/6/11
Misc. Contracts and Agreements
No. 27,221
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1 R-Paving
Pavement Preservation: Sherwood, Tigard & Cornelius
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," the City of Tigard, acting by and through its elected officials, hereinafter referred
to as "Tigard," the City of Sherwood, hereinafter referred to as "Sherwood," and the City
of Cornelius, hereinafter referred to as "Cornelius," herein referred to individually or
collectively as "Party" or "Parties." The cities may also be referred to collectively as
"Cities."
RECITALS
1. Bonita Road, Durham Road, and 72nd Avenue are a part of the city system under the
jurisdiction and control of Tigard. Sherwood Boulevard, and 3rd Street through 12th
Street are part of the city street system under the jurisdiction and control of
Sherwood. Holladay Street, 10th Avenue, and 4th Avenue are a part of the city street
system under the jurisdiction and control of Cornelius.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, state agencies 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. The American Recovery and Reinvestment Act of 2009, hereinafter referred to as
"ARRA," provides funding for job preservation and creation, infrastructure
investment, energy efficiency and science, assistance to the unemployed, and state
and local fiscal stabilization, for fiscal years 2009 and 2010.
4. ARRA provides each state a sub-allocation of ARRA funds for cities, counties and
metropolitan areas.
5. Sherwood, Tigard, and Cornelius have separate agreements with the State for
pavement preservation projects funded by ARRA: Miscellaneous Contracts &
Agreements (MC&A) Numbers 25474, 25475, and 25495 respectively. It was
determined to be expeditious and efficient to combine the ARRA funds remaining
after each projects' preliminary engineering phases into one lump sum to be divided
for the construction phase of all three (3) projects. This was documented in the
Statewide Transportation Improvement Program (STIP) by the consolidation of Key
Numbers 16490, 16491, and 16454 into one Key Number, 16966. The Cities agreed
to distribute the construction funds in a way that will cover the cost of all the projects
in a separate Intergovernmental Agreement between all of the Cities. Due to the
Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
difficult nature of determining which ARRA funds went to which City for construction,
instead of amending the existing agreements to reflect the ARRA funding changes,
the Parties agree it will be easier to document the consolidation of funds in one (1)
new agreement that covers the complete funding of all three (3) projects.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Under such authority, State and Cities agree to pave various streets or roads as
further described in each City's respective MC&A, hereinafter referred to as "Project."
The Project will consist of a 2-inch pavement overlay in accordance with 1R
Guidelines.
2. The Project shall be conducted as a part of the ARRA Program under Title 23,
United States Code. The total Project cost is estimated at $1,896,000, which is
subject to change. ARRA Program funds for this Project shall be limited to
$1,896,000. The Project will be financed with ARRA funds at 100 percent of the
maximum allowable federal participating amount. Cities will not be required to
provide a match for the ARRA funds but will be responsible for any non-participating
costs, including all costs in excess of the available federal funds. No ARRA funded
invoices will be accepted and no ARRA funded payments will be made after
September 30, 2015.
3. The federal funding for this Project is contingent upon approval by the FHWA and
receipt of federal funds by State. Any work performed prior to "authorization" (also
called obligation of funds) by FHWA or outside the scope of work will be considered
non-participating and paid for at Cities' expense.
4. State considers the Cities sub-recipients of the federal funds they receive as
reimbursement under this Agreement. The Catalog of Federal Domestic Assistance
(CFDA) number and title for this Project is 20.205, Highway Planning and
Construction.
5. Cities shall report to State the required reporting data by federal and state mandates
for delivery of the ARRA program. State shall inform the Cities of the reporting
requirements once they have been received from FHWA and the Oregon Department
of Administrative Services and such requirements shall be made a part of this
Agreement. The Cities are also subject to other requirements for use of ARRA funds,
including but not limited to the U.S. Comptroller and Inspector General, and ARRA
Sign Requirements provisions.
6. The term of this Agreement will begin upon execution and will terminate upon
completion of the Project and final payment or September 30, 2015, whichever is
sooner. Any work performed prior to Notice to Proceed from State's Local Agency
Liaison will not be reimbursed.
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Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
7. This Agreement may be terminated by mutual written consent of all Parties.
8. State may terminate this Agreement effective upon delivery of written notice to the
Cities, or at such later date as may be established by State, under any of the following
conditions:
a. If any of the Cities fail to provide services called for by this Agreement
within the time specified herein or any extension thereof.
b. If any of the Cities fail to perform any of the other provisions of this
Agreement, or so fail to pursue the work as to endanger performance of
this Agreement in accordance with its terms, and after receipt of written
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If any of the Cities fail to provide payment of its share of the cost of the
Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, 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 State is prohibited from paying for such work from the
planned funding source.
9. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
10.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions
apply to all federal-aid projects and may be modified only by the Special Provisions.
The Parties hereto mutually agree to the terms and conditions set forth in
Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the
attachments, and Attachment 1 shall control over Attachment 2.
11.Cities, as recipients of federal funds, pursuant to this Agreement with State, shall
assume sole liability for any of the Cities' breach of any federal statutes, rules,
program requirements and grant provisions applicable to the federal funds, and shall,
upon any of the Cities' breach of any such conditions that requires State to return
funds to the Federal Highway Administration, hold harmless and indemnify State for
an amount equal to the funds received under this Agreement; or if legal limitations
apply to the indemnification ability of Cities, the indemnification amount shall be the
maximum amount of funds available for expenditure, including any available
3
Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
contingency funds or other available non-appropriated funds, up to the amount
received under this Agreement.
12.Each City certifies and represents that the individual(s) signing this Agreement have
been authorized to enter into and execute this Agreement on behalf of their respective
City, under the direction or approval of its governing body, commission, board,
officers, members or representatives, and to legally bind the City.
13.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.
14.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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
This Project is in the 2010-2013 Statewide Transportation Improvement Program (Key #
16966) that was approved by the Oregon Transportation Commission on December 16,
2010 (or subsequently approved by amendment to the STIP).
4
Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through
officials its Department of Transportation
By By
'/ Highway Division Administrator
Date �6 X3/20(l
Date
APP OVED AS T.9 LEGAL SUFFICIE CY
APPROVAL RECOMMENDED
By
City f Tig unsel By
Local Government Section Manager
Date
Date
CITY OF SHERWOOD, by and through its
elected officials APPROVED AS TO LEGAL SUFFICIENCY
By By
Assistant Attorney General
Date
Date
By
State Contact:
Date Michele Thom
123 NW Flanders St.
APPROVED AS TO LEGAL SUFFICIENCY Portland, OR 97209
michele.r.thom@odot.state.or.us
By 503-731-8279
City of Sherwood Counsel Sherwood Contact:
Date Tom Pessemier
22560 SW Pine St.
CITY OF CORNELIUS, by and through its Sherwood, OR 97140
elected officials pessemiert@ci.sherwood.or.us
503-925-2302
By Tigard Contact:
City Manager Craig Prosser
Date 13125 SW Hall Blvd
Tigard, OR 97223
APPROVED AS TO LEGAL SUFFICIENCY craig@tigard-or.gov
503-718-2476
By Cornelius Contact:
City of Cornelius Counsel Richard Meyer
Date 1355 N Barlow
Cornelius, OR 97113
rmeyer@ci.cornelius.or.us
503-992-5343
5
Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
ATTACHMENT NO. 1 to Agreement No. 27,221
SPECIAL PROVISIONS
1. Final billings shall be submitted to State for processing within two (2) years from the
end of each funding phase as follows: 1) award date of a construction contract for
preliminary engineering (PE) and 2) third notification for construction. Partial billing
(progress payment) shall be submitted to State within one (1) year from the date that
costs are incurred. Final billings submitted after two (2) years shall not be eligible for
reimbursement. No ARRA funded invoices will be accepted and no ARRA funded
payments will be made after September 30, 2015. State shall not be responsible to
provide additional funding to Agencies that do not have final billings processed
before this date.
2. Indemnification language in the Standards Provisions, Paragraphs 46 and 47, shall
be replaced with the following language:
a. 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 Cities with respect to which the other Party may have liability,
the notified Party must promptly notify the other Parties in writing of the Third
Party Claim and deliver to the other Parties 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.
b. With respect to a Third Party Claim for which State is jointly liable with Cities (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 Cities in such
proportion as is appropriate to reflect the relative fault of State on the one hand
and of Cities 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 Cities 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
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Sherwood/Tigard/Cornelius/State
Agreement No. 27,221
law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had
sole liability in the proceeding.
c. With respect to a Third Party Claim for which Cities are jointly liable with State (or
would be if joined in the Third Party Claim), Cities 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 Cities on the one hand
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 Cities 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. Cities' 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.
d. 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.
3. Workers' Compensation language in the Standards Provisions, Paragraph 49, shall
be replaced with the following language:
a. All employers, including Cities, 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. Cities shall ensure that each of their
contractors complies with these requirements.
7
ATTACHMENT NO. 2
FEDERAL STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration
(FHWA) by the administration of this Project, and Cities (i.e. county, city, unit of local
government, or other state agency) hereby agrees that State shall have full authority to carry
out this administration. If requested by Agency or if deemed necessary by State in order to
meet its obligations to FHWA, State will further act for Agency in other matters pertaining to
the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's
Advisory Committee and/or Technical Advisory Committee, conduct a hearing and
recommend the preferred alternative. State and Agency shall each assign a liaison person
to coordinate activities and assure that the interests of both parties are considered during all
phases of the Project.
2. Any project that uses federal funds in project development is subject to plans, specifications
and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA
prior to advertisement for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
3. State, Agency, or others may perform preliminary and construction engineering. If Agency or
others perform the engineering, State will monitor the work for conformance with FHWA
rules and regulations. In the event that Agency elects to engage the services of a personal
services consultant to perform any work covered by this Agreement, Agency and Consultant
shall enter into a State reviewed and approved personal services contract process and
resulting contract document. State must concur in the contract prior to beginning any work.
State's personal services contracting process and resulting contract document will follow
Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the
current State Administrative Rules and State Personal Services Contracting Procedures as
approved by the FHWA. Such personal services contract(s) shall contain a description of the
work to be performed, a project schedule, and the method of payment. Subcontracts shall
contain all required provisions of Agency as outlined in the Agreement. No reimbursement
shall be made using federal-aid funds for any costs incurred by Agency or its consultant
prior to receiving authorization from State to proceed. Any amendments to such contract(s)
also require State's approval.
4. On all construction projects where State is the signatory party to the contract, and where
Agency is doing the construction engineering and project management, Agency, subject to
any limitations imposed by state law and the Oregon Constitution, agrees to accept all
responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims,
contract claims, or any other lawsuit arising out of the contractor's work or Agency's
supervision of the project.
STDPRO-2010.doc 8
Rev. 02-05-2010
Tigard/Sherwood/Cornelius/State
Agreement No. 27,221
REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF
TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT
5. If as a condition of assistance, Agency has submitted and the United States Department of
Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative
Action Program which Agency agrees to carry out, this affirmative action program is
incorporated into the financial assistance agreement by reference. That program shall be
treated as a legal obligation and failure to carry out its terms shall be treated as a violation of
the financial assistance agreement. Upon notification from USDOT to Agency of its failure to
carry out the approved program, USDOT shall impose such sanctions as noted in Title 49,
CFR, Part 26, which sanctions may include termination of the agreement or other measures
that may affect the ability of Agency to obtain future USDOT financial assistance.
6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree
to ensure that DBE as defined in Title 49, CFR, Part 26, have the opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with federal
funds. In this regard, Agency shall take all necessary and reasonable steps in accordance
with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and
perform contracts. Neither State nor Agency and its contractors shall discriminate on the
basis of race, color, national origin or sex in the award and performance of
federally-assisted contracts. Agency shall carry out applicable requirements of Title 49,
CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry
out these requirements is a material breach of this Agreement, which may result in the
termination of this contract or such other remedy as State deems appropriate.
7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into
under this Agreement.
8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including
Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964.
9. The parties hereto agree and understand that they will comply with all applicable federal,
state, and local laws, regulations, executive orders and ordinances applicable to the work
including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520,
279C.530 and 279B.270, incorporated herein by reference and made a part hereof: Title 23
CFR Parts 1.11, 140, 710, and 771; Title 49 CFR Parts 18. 24 and 26: 2 CFR 225, and
OMB CIRCULAR NO. A-133, Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1,
USC 51-58, Anti-Kickback Act: Title 42 USC: Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy
Guide (FAPG).
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
10. State shall submit a Project funding request to FHWA with a request for approval of federal-
aid participation in all engineering, right-of-way acquisition, eligible utility relocations and/or
construction work for the Project. No work shall proceed on any activity in which
federal-aid participation is desired until such approval has been obtained. The
STDPRO-2010.doc 9
Rev. 02-05-2010
Tigard/Sherwood/Cornelius/State
Agreement No. 27,221
program shall include services to be provided by State, Agency, or others. State shall notify
Agency in writing when authorization to proceed has been received from FHWA. Major
responsibility for the various phases of the Project will be as outlined in the Special
Provisions. All work and records of such work shall be in conformance with FHWA rules and
regulations.
FINANCE
11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims
for federal-aid participation to FHWA in the normal manner and compile accurate cost
accounting records. Agency may request a statement of costs to date at any time by
submitting a written request. When the actual total cost of the Project has been computed,
State shall furnish Agency with an itemized statement of final costs. Agency shall pay an
amount which, when added to said advance deposit and federal reimbursement payment,
will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of
the final total costs of Project, minus federal reimbursement, shall be released to Agency.
The actual cost of services provided by State will be charged to the Project expenditure
account(s) and will be included in the total cost of the Project.
12. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance
(CFDA) number in the Agreement. State will also determine and clearly state in the
Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133.
PROJECT ACTIVITIES
13. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or approve all environmental statements, preliminary and final plans, specifications
and cost estimates. State shall, if they prepare these documents, offer Agency the
opportunity to review and approve the documents prior to advertising for bids.
14. The party responsible for performing preliminary engineering for the Project shall, as part of
its preliminary engineering costs, obtain all Project related permits necessary for the
construction of said Project. Said permits shall include, but are not limited to, access, utility,
environmental, construction, and approach permits. All pre-construction permits will be
obtained prior to advertisement for construction.
15. State shall prepare contract and bidding documents, advertise for bid proposals, and award
all contracts.
16. Upon State's award of a construction contract, State shall perform independent assurance
testing in accordance with State and FHWA Standards, process and pay all contractor
progress estimates, check final quantities and costs, and oversee and provide intermittent
inspection services during the construction phase of the Project.
17. State shall, as a Project expense, assign a liaison person to provide Project monitoring as
needed throughout all phases of Project activities (preliminary engineering, right-of-way
acquisition, and construction). The liaison shall process reimbursement for federal
participation costs.
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RIGHT OF WAY
18. State is responsible for proper acquisition of the necessary right of way and easements for
construction and maintenance of the Project. Agency may perform acquisition of the
necessary right of way and easements for construction and maintenance of the Project,
provided Agency (or Agency's consultant) are qualified to do such work as required by the
State's Right of Way Manual and have obtained prior approval from State's Region Right of
Way office to do such work.
19. Regardless of who acquires or performs any of the right of way activities, a right of way
services agreement shall be created by State's Region Right of Way office setting forth the
responsibilities and activities to be accomplished by each party. State shall always be
responsible for requesting project funding, coordinating certification of the right of way, and
providing oversight and monitoring. Funding authorization requests for federal right of way
funds must be sent through the State's Region Right of Way offices on all projects. All
projects must have right of way certification coordinated through State's Region Right of
Way offices (even for projects where no federal funds were used for right of way, but federal
funds were used elsewhere on the Project). Agency should contact the State's Region Right
of Way office for additional information or clarification.
20. State shall review all right of way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right of way activities shall be in accord
with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as
amended, ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual
and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
21. If any real property purchased with federal-aid participation is no longer needed for the
originally authorized purpose, the disposition of such property shall be subject to applicable
rules and regulations, which are in effect at the time of disposition. Reimbursement to State
and FHWA of the required proportionate shares of the fair market value may be required.
22. Agency insures that all Project right of way monumentation will be conducted in
conformance with ORS 209.155.
23. State and Agency grants each other authority to enter onto the other's right of way for the
performance of the Project.
AGENCY OBLIGATIONS
FINANCE
24. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire
match amount, unless otherwise agreed to and specified in the intergovernmental
agreement.
25. Agency's estimated share and advance deposit.
a) Agency shall, prior to commencement of the preliminary engineering and/or
right of way acquisition phases, deposit with State its estimated share of each
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phase. Exception may be made in the case of projects where Agency has
written approval from State to use in-kind contributions rather than cash to
satisfy all or part of the matching funds requirement.
b) Agency's construction phase deposit shall be 110 percent of Agency's share
of the engineer's estimate and shall be received prior to award of the
construction contract. Any additional balance of the deposit, based on the
actual bid must be received within forty-five (45) days of receipt of written
notification by State of the final amount due, unless the contract is canceled.
Any unnecessary balance of a cash deposit, based on the actual bid, will be
refunded within forty-five (45) days of receipt by State of the Project
sponsor's written request.
c) Pursuant to ORS 366.425, the advance deposit may be in the form of
1) money deposited in the State Treasury (an option where a deposit is made
in the Local Government Investment Pool, and an Irrevocable Limited Power
of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter
of Credit issued by a local bank in the name of State, or 3) cash.
d) Agency may satisfy all or part of any matching funds requirements by use of
in-kind contributions rather than cash when prior written approval has been
given by State.
26. If the estimated cost exceeds the total matched federal funds available, Agency shall
deposit its share of the required matching funds, plus 100 percent of all costs in excess of
the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in
which FHWA will not participate. If Agency has not repaid any non-participating cost, future
allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency
may be withheld to pay the non-participating costs. If State approves processes,
procedures, or contract administration outside the Local Agency Guidelines that result in
items being declared non-participating, those items will not result in the withholding of
Agency's future allocations of federal funds or the future allocations of State Highway Trust
Funds.
27. Costs incurred by State and Agency for services performed in connection with any phase of
the Project shall be charged to the Project, unless otherwise mutually agreed upon.
28. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall
bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the
cancellation, State shall bear 100 percent of all costs incurred. If it is determined that the
cancellation was caused by third parties or circumstances beyond the control of State or
Agency, Agency shall bear all development costs, whether incurred by State or Agency,
either directly or through contract services, and State shall bear any State administrative
costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes,
and all other data to Agency.
29. Agency shall follow requirements of the Single Audit Act. The requirements stated in the
Single Audit Act must be followed by those local governments and non-profit organizations
receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as
amended by PL 104-156, described in "OMB CIRCULAR NO. A-133", requires local
governments and non-profit organizations to obtain an audit that includes internal controls
STDPRO-2010.doc 12
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and compliance with federal laws and regulations of all federally-funded programs in which
the local agency participates. The cost of this audit can be partially prorated to the federal
program.
30.Agency shall make additional deposits, as needed, upon request from State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the Project.
31. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf
of the Project directly to State's Liaison Person for review and approval. Such invoices shall
identify the Project and Agreement number, and shall itemize and explain all expenses for
which reimbursement is claimed. Billings shall be presented for periods of not less than one-
month duration, based on actual expenses to date. All billings received from Agency must
be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for
federal-aid or State participation shall be those allowable under the provisions of Title 23
CFR Parts 1.11, 140 and 710, Final billings shall be submitted to State for processing within
three (3) months from the end of each funding phase as follows: 1) award date of a
construction contract for preliminary engineering (PE) 2) last payment for right of way
acquisition and 3) third notification for construction. Partial billing (progress payment) shall
be submitted to State within three (3) months from date that costs are incurred. Final billings
submitted after the three months shall not be eligible for reimbursement.
32. The cost records and accounts pertaining to work covered by this Agreement are to be kept
available for inspection by representatives of State and FHWA for a period of six (6) years
following the date of final voucher to FHWA. Copies of such records and accounts shall be
made available upon request. For real property and equipment, the retention period starts
from the date of disposition (Title 49 CFR 18.42).
33. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid
funds distributed to Agency if any of the following events occur:
a) Right of way acquisition or actual construction of the facility for which
preliminary engineering is undertaken is not started by the close of the tenth
fiscal year following the fiscal year in which the federal-aid funds were
authorized;
b) Right of way acquisition is undertaken utilizing federal-aid funds and actual
construction is not started by the close of the twentieth fiscal year following
the fiscal year in which the federal-aid funds were authorized for right of way
acquisition.
c) Construction proceeds after the Project is determined to be ineligible for
federal-aid funding (e.g., no environmental approval, lacking permits, or other
reasons).
34. Agency shall maintain all Project documentation in keeping with State and FHWA standards
and specifications. This shall include, but is not limited to, daily work records, quantity
documentation, material invoices and quality documentation, certificates of origin, process
control records, test results, and inspection records to ensure that projects are completed in
conformance with approved plans and specifications.
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RAILROADS
35. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through State's appropriate Region
contact or State's Railroad Liaison. Only those costs allowable under Title 23 CFR Part 646,
subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs;
all other costs associated with railroad work will be at the sole expense of Agency, or others.
Agency may request State, in writing, to provide railroad coordination and negotiations.
However, State is under no obligation to agree to perform said duties.
UTILITIES
36. Agency shall follow State established Statutes, Policies and Procedures when impacts occur
to privately or publicly-owned utilities. Only those utility relocations, which are eligible for
federal-aid participation under, the FAPG, Title 23 CFR 645A, Subpart A and B, shall be
included in the total Project costs; all other utility relocations shall be at the sole expense of
Agency, or others. State will arrange for utility relocations/adjustments in areas lying within
jurisdiction of State, if State is performing the preliminary engineering. Agency may request
State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction,
acting on behalf of Agency. This request must be submitted no later than twenty-one (21)
weeks prior to bid let date. However, State is under no obligation to agree to perform said
duties.
37. The State utility relocation policy, procedures and forms are available through the
appropriate State's Region Utility Specialist or State Utility Liaison. Agency shall provide
copies of all signed utility notifications, agreements and Utility Certification to the State Utility
Liaison.
STANDARDS
38. Agency agrees that design standards for all projects on the National Highway System (NHS)
and the Oregon State Highway System shall be in compliance to standards specified in the
current "State Highway Design Manual" and related references. Construction plans shall be
in conformance with standard practices of State for plans prepared by its own staff. All
specifications for the Project shall be in substantial compliance with the most current
"Oregon Standard Specifications for Highway Construction".
39. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian
Plan", unless otherwise requested by Agency and approved by State.
40. Agency agrees and will verify that the installation of traffic control devices shall meet the
warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon
Supplements".
41. All plans and specifications shall be developed in general conformance with the current
"Contract Plans Development Guide" and the current "Oregon Standard Specifications for
Highway Construction" and/or guidelines provided.
STDPRO-2010.doc 14
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Agreement No. 27,221
42. The standard unit of measurement for all aspects of the Project shall be English Units. Ali
Project documents and products shall be in English. This includes, but is not limited to, right
of way, environmental documents, plans and specifications, and utilities.
GRADE CHANGE LIABILITY
43. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all
acts necessary to complete construction of the Project which may alter or change the grade
of existing county roads are being accomplished at the direct request of the County.
44.Agency, if a City, hereby accepts responsibility for all claims for damages from grade
changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for
change of grade.
45. Agency, if a City, by execution of Agreement, gives its consent as required by ORS
373.030(2) 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.
CONTRACTOR CLAIMS
46. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide
legal defense for State against all claims brought by the contractor, or others resulting from
Agency's failure to comply with the terms of this Agreement.
47. Notwithstanding the foregoing defense obligations under Paragraph 46, neither Agency nor
any attorney engaged by Agency shall defend any claim in the name of the State of Oregon
or any agency of the State of Oregon, nor purport to act as legal representative of the State
of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney
General. The State of Oregon may, at anytime at its election assume its own defense and
settlement in the event that it determines that Agency is prohibited from defending the State
of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or
that an important governmental principle is at issue or that it is in the best interests of the
State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it
may have against Agency if the State of Oregon elects to assume its own defense.
MAINTENANCE RESPONSIBILITIES
48. Agency shall, upon completion of construction, thereafter maintain and operate the Project
at its own cost and expense, and in a manner satisfactory to State and FHWA.
WORKERS' COMPENSATION COVERAGE
49. All employers, including Agency 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.
Agency shall ensure that each of its contractors complies with these requirements.
LOBBYING RESTRICTIONS
50. Agency certifies by signing the Agreement that:
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Agreement No. 27,221
a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subgrants, and contracts and subcontracts under grants, subgrants, loans,
and cooperative agreements) which exceed $100,000, and that all such
subrecipients shall certify and disclose accordingly.
d) This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Title 31, USC Section 1352.
e) Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Paragraphs 36, 37, and 48 are not applicable to any local agency on state highway projects.
STDPRO-2010.doc 16
Rev. 02-05-2010
City of Tigard
RECORDS
New Records Transmittal
aq -
Department: Publhc Works Division Code: 6250 Date: 1/12/12
Prepared by: Diane Jelderks Extension: 2465 Dept. Box No.
Description Dates Retention Code
IGA - Misc Contract&Agreements No. 27,221 12/13/11 166-200-0135L/o,)
Local Agency Agreement
American Recovery & Reinvestment Act of 2009
1R-Paving
City of Tigard
City of Sherwood
City of Cornelius
Agreement signed by the City.
Amendment No. 2
Misc Contract &Agreements No. 25,475
Local Agency Agreement
American Recovery & Reinvestment Act of 2009
Bonita Rd, Durham Rd, & 72nd Ave Overlay
** *TO BE COMPLETED BY RECORDS DIVISION STAFF
Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date:
I/Design and Communications/Records/New Records Transmittal—1/6/11
` I
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF CORNELIUS,
SHERWOOD,AND TIGARD RELATING TO THE ARRA PAVEMENT
PRESERVATION PROJECTS
THIS AGREEMENT is permitted by ORS 190 010, et seq and is made and entered into by and
between the Cities of Cornelius, Sherwood, and Tigard,hereinafter referred to as the"Cities"
This Agreement refers to the group of public improvement pavement preservation projects in
each of the Cities,hereinafter referred to as "Projects,"(the list of which is attached hereto as
Exhibit A)funded by the American Recovery and Reinvestment Act of 2009(ARRA)
RECITALS
A The Cities have Public Improvement Projects similar in type and scope funded under the
American Recovery and Reinvestment Act(ARRA)
B ARRA funding for the Projects will be managed by the Oregon Department of
Transportation(ODOT)with Cities directing the engineering and providing coordination
of the construction activities
C Specific agreements between each City and ODOT are
a Tigard Misc Contract and Agreement No 25475
b Cornelius Misc Contract and Agreement No 25495
c Sherwood Misc Contract and Agreement No 25474
D The Cities are electing to combine their individual Projects into a single Project in order
to avoid duplication and to use the limited ARRA resources most effectively
E The Cities agree to share the cost of the Projects in a fair and proportional manner
F The ARRA funding allocated to each city for the Projects is
a Cornelius-$350,000— 18 46%
b Sherwood- $430,000—22 68%
c Tigard- $1,116,000—58 86%
NOW,THEREFORE,the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows
Section 1 - Costs
A The Cities will pay their internal staff costs from their individual allotments of ARRA
funds
B The Cities will pay engineering, ODOT support and other non-construction costs on a
proportional basis based on the allocation shown in Section F of the Recitals
C Each City is responsible for Project costs that exceed their individual allotment of ARRA
funds
D If a City Protect is completed for less than the ARRA funding allotment,that City may
elect to allow one of the other Cities to utilize excess funds for their Project Use of
ARRA funds in this manner must be first approved in writing by ODOT
Section 2—Decision Making
A The City of Tigard will be the designated representative of the Cities in dealing with
ODOT
B Significant decisions that impact the Projects must be unanimously decided by the Cities
100038393,2 1
Section 3—Scope of Projects
Each City, with ODOT's concurrence and after engineer's cost estimates are available,will
determine the final Project boundaries within the City
Section 4-Term
A The Agreement shall become effective upon signing by all parties The agreement will
terminate when final payments on construction and consultant contracts are completed
and costs for ODOT support are satisfied
B The agreement may be terminated with the concurrence of all the parties to this
agreement
C The agreement may be terminated by any party to this agreement if funding at the levels
identified in Section F of the Recitals does not materialize
Section 5—Indemnification
Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort
Claims Act,ORS 30 260 through 30 300,the Cities shall indemnify, defend and hold
harmless each other from and against all liability, loss, and costs ansmg out of or resulting
from the acts of the individual City, their officers, employees and agents,including
intentional or willful misconduct, in the performance of this agreement If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification The term
"costs"as used in this indemnification section shall include attorney fees at arbitration,
mediation,trial or on appeal
Section 6—Insurance
The Cities agree to each maintain insurance or self insurance consistent with provisions of the
t Oregon Tort Claims Act, ORS 30 270 and customary for public agencies of the same size and
type
Section 7—Adherence to Law
Each party shall comply with all federal, state and local laws and ordinances applicable to
this agreement
Section 8—Access to Records
Each party shall have access to the books, documents and various records of the other party
which are related to this agreement for the purpose of examination, copying, and audit,unless
otherwise limited by law
Section 9—Entire Agreement//Third Party Beneficiary.
This Agreement constitutes the entire and integrated agreement between the Parties and may
be modified or amended only by the written agreement of the Parties
Page 2
The Cities are the only parties to this Agreement and as such are the only parties entitled to
enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide
any benefit, direct, indirect or otherwise to any third party(ies).
ACCEPTANCE AND EXECUTION OF THE AGREEMENT:
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed on the
day and year hereafter written.
CITY OF CORNELIUS,OREGON
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Date
CITY OF SHERWOOD,OREGON
i atters*on, C itManager CRY Mir
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Date
CITY OF TIGARD, OREGON
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1
Craig�Iosser,City Manager
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Date
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Jyy�Attorney, City of Tigard
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Date
Page 3
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 09=
A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE
CITIES OF CORNELIUS AND SHERWOOD TO COMBINE THE THREE INDIVIDUAL
PROJECTS FUNDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) INTO A SINGLE PROJECT FOR A MORE STREAMLINED PROCUREMENT
PROCESS AND GREATER ECONOMIES OF SCALE
WHEREAS, the City has been allocated the amount of $1,116,000 in ARRA funds for paving
portions of Bonita Road, Durham Road and 72nd Avenue in the City;and
WHEREAS, the cities of Cornelius and Sherwood have likewise been allocated ARRA funding for
pavement preservation in the amounts of$350,000 and$430,000 respectively;and
WHEREAS, the pavement preservation project for each City will have to be implemented through
the Oregon Department of Transportation (ODOT) procurement process;and
WHEREAS,in the interest of more efficient use of limited resources, ODOT strongly encourages
jurisdictions to combine like projects into one project to streamline the procurement process for
design and construction;and
WHEREAS,the three cities have elected to combine their individual projects into a single project
and need to enter into an agreement to formalize that intention.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The agreement attached as Exhibit A to this Resolution is hereby approved, and the
City Manager is authorized to sign the agreement documents.
SECTION 2: This resolution is effective immediately upon passage.
PASSED:This�day of ) 2009.
Mayor- City of Tigard
Ll
ATTE
City Recorder- City of Tigard
is\eng\gus\resolu6ons\2009\6-09-09 resolution approving an iga between tigard,comelius and sherwood for the arra pavement preservation projects res.doc
RESOLUTION NO. 0937
Page 1
i
Owne
Owner
Tax ID Number Site Address Site City Site ZIP Owner Owner 2 Owner 3 Owner Address Owner City r
ZIP
State
2S102DB00201 9295 SW HILL ST Tigard,OR 97223 JURDY, HUE THI 11730 SW GREENBURG RD TIGARD OR 97223
2S102DB00206 9283 SW HILL ST Tigard,OR 97223 GROW, MONTY, RALPH &YVONNE GROW,RALPH S& GROW,YVONNE 901 GREEN VALLEY DR NEWBERG OR 97132
2S102DB01100 13215 SW HILL CT Tigard,OR 97223 ALBIN,GAYLE LOUISE 13215 SW HILL CT TIGARD OR 97223
2S102DB01200 13235 SW HILL CT Tigard,OR 97223 HERBERHOLZ,ALBERT&Mara 13235 SW Hill Ct TIGARD OR 97223
2S102DB01300 13240 SW HILL CT Tigard,OR 97223 PHELAN, BRON RYAN &LISA J 13240 SW HILL CT ; TIGARD OR 97223
2S102DB01400 13230 SW HILL CT Tigard,OR 97223 GOTT,JANE M 13230 SW HILL CT PORTLAND OR 97201
2S102DB01600 9340 SW HILL ST Tigard,OR 97223 TROMP VAN HOLST,JOHANNA AEM 9340 SW HILL ST TIGARD OR 97223
2S102DB01700 9300 SW HILL ST Tigard,OR 97223 JOHNSON,PAUL E MILDRED 9300 SW HILL ST TIGARD OR 97223
2S102DB01801 13235 SW BURNHAM CT Tigard,OR 97223 DYGART,VIRGINIA L 13235 SW BURNHAM CT TIGARD OR 97223
2S102DB01900 13245 SW BURNHAM CT Tigard,OR 97223 LEWIS, EVAN W&KAREN E 13245 SW BURNHAM CT TIGARD OR 97223
2S102DB02000 13255 SW BURNHAM CT Tigard,OR 97223 GARDNER,GLORIA A 13255 SW BURNHAM CT TIGARD OR 97223
2S102DB02100 13250 SW BURNHAM CT Tigard,OR 97223 OLANDER, MICHAEL P 13250 SW BURNHAM CT TIGARD OR 97223
2S102DB02201 13240 SW BURNHAM CT Tigard,OR 97223 GAUMONT,DAMON&STEPHANIE 13240 SW Burnham Ct TIGARD OR 97223
2S102DB02300 13230 SW BURNHAM CT Tigard,OR 97223 HARDIN, RICK L 13230 SW BURNHAM CT TIGARD OR 97223
2S102DB06100 9051 SW HILL ST Tigard,OR 97223 BURBANK,C ROGER JR&MARY F 9051 SW HILL ST TIGARD OR 97223
2S102DB06200 9079 SW HILL ST Tigard,OR 97223 LOPEZ, LISA 9079 SW HILL ST TIGARD OR 97223
2S102DB06300 9095 SW HILL ST Tigard,OR 97223 STEWART-SMITH,DAVID&CAROL 9095 SW HILL ST TIGARD OR 97223
2S102DB06400 9107 SW HILL ST Tigard,OR 97223 COOLEY,ERIC &RUTH A 9107 SW HILL ST TIGARD OR 97223
2S102DB06500 9125 SW HILL ST Tigard,OR 97223 ETTESTAD, KEITH A/WILLENE A 9125 SW HILL ST TIGARD OR 97223
2S102DB06600 9131 SW HILL ST Tigard,OR 97223 DIRKSEN,CRAIG&JACQUELINE 9131 SW HILL ST TIGARD OR 97223
2S102DB06700 9143 SW HILL ST Tigard,OR 97223 HORNBACK,PATRICIA&DONALD 9143 SW HILL ST TIGARD OR 97223
2S102DB06800 9155 SW HILL ST Tigard,OR 97223 PANNING, FRED BENJAMIN &JOANNE RAE 9155 SW HILL ST TIGARD OR 97223
2S102DB06900 9169 SW HILL ST Tigard,OR 97223 NELSON, DOUGLAS S/JEANNE M 9169 SW HILL ST TIGARD OR 97223
2S102DB07000 9173 SW HILL ST Tigard,OR 97223 NELSON,CYNTHIA L 9173 SW HILL ST TIGARD OR 97223
2S102DB07100 9181 SW HILL ST Tigard,OR 97223 BSOUL, MAHMOUD S&BETTE 9181 SW HILL ST TIGARD OR 97223
2S102DB07200 9199 SW HILL ST Tigard,OR 97223 WALKIEWICZ, MICHAEL R 9199 SW HILL ST TIGARD OR 97223
2S102DB07300 9215 SW HILL ST Tigard,OR 97223 COLEMAN, ROXANE L 9215 SW HILL ST TIGARD OR 97223
2S102DB07400 9223 SW HILL ST Tigard,OR 97223 WARNER,ROD A 9223 SW HILL ST PORTLAND OR 97223
2S102DB07500 9241 SW HILL ST Tigard,OR 97223 SPICKELMIER,JEANIE A 9241 SW HILL ST PORTLAND OR 97223
2S102DB07600 9259 SW HILL ST Tigard,OR 97223 BUTERA,EUGENE 9259 SW HILL ST j TIGARD OR 97223
2S102DB07700 9267 SW HILL ST Tigard,OR 97223 CROFT,STEVEN L&OOLAH C 9267 SW HILL ST TIGARD OR 97223
25102DB07800 9246 SW HILL ST Tigard,OR 97223 TRINH,TUAN ANH 9246 SW HILL ST TIGARD OR 97223
2S102DB07900 9238 SW HILL ST Tigard,OR 97223 RODGERS, ROBERT 1/JOANNE L& RODGERS,JAN K 1368 MISTWOOD DR KEIZER OR 97303
2S102DB08000 9194 SW HILL ST Tigard,OR 97223 VANGINHOVEN, NANCY K 9194 SW HILL ST TIGARD OR 97224
2S102DB08100 9176 SW HILL ST Tigard,OR 97223 CAMPBELL,THOMAS F/CARRIE M 9176 SW HILL ST TIGARD OR 97223
2S102DB08200 9148 SW HILL ST Tigard,OR 97223 FISHBACK, RONALD& HONEYMAN JANE 9148 SW HILL ST TIGARD OR 97223
2S102DB08300 9136 SW HILL ST Tigard,OR 97223 JAMAL, MOHAMED AL 9136 SW HILL ST TIGARD OR 97223
2S102DB08400 9114 SW HILL ST Tigard,OR 97223 GOODMAN, KRISTEN ANN 9114 SW HILL ST TIGARD OR 97223
2S102DB08500 9092 SW HILL ST Tigard,OR 97223 MIZE, LOA M &JON M 9092 SW HILL ST TIGARD OR 97223
2S102DB08600 9088 SW HILL ST Tigard,OR 97223 MILLER,MIKE& HARY,ALLIE M TIGARD OR 97223
2S102DB08700 9076 SW HILL ST Tigard,OR 97223 STEVENS,MARK A 9076 SW HILL ST } TIGARD OR 97223
2S102DB08800 9062 SW HILL ST Tigard,OR 97223 JARABAK,ANDREW REED&JAI LENAL 9062 SW HILL ST TIGARD OR 97223
2S102DB08900 9058 SW HILL ST Tigard,OR 97223 FEACK, EDLON & DIERKING, DIANE 9058 SW HILL ST TIGARD OR 97223
2S102DB09000 9044 SW HILL ST Tigard,OR 97223 MACHAFFIE,SCOTT&MILLS, NANCY 9044 SW HILL ST TIGARD OR 97223