Resolution No. 07-63 Attachment 1
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07--&l
A RESOLUTION APPROVING A COOPERATIVE IMPROVEMENT AGREEMENT
BE, THE OREGON DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TIGARD FOR IMPROVEMENTS TO SW UPPER BOONES FERRY ROAD.
WHEREAS, the Tigard City Council wishes to enter into an agreement with the Oregon Department
of Transportation regarding certain improvements to and maintenance of SW Upper Boones Ferry
Road.
NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby approves an agreement -with the Oregon Department of
Transportation, attached as Exhibit A, identifying their respective obligations relative
to the costs and maintenance of improvements to a certain portion of SW Upper
Boons Ferry Road.
SECTION 2: The City Council hereby authorizes the City Manager to sign the agreement on behalf
of the City.
SECTION 3: This resolution is effective irmnediately upon passage.
PASSED: This .. .�r� day o �(r- 2007•
'K
Mayor- eity of Tigard
ATTEST:
1ty Recorder- City of Tigard
RESOLUTION NO. 07-
Page 1
Exhibit A
Misc. Contracts and Agreements
No. 24,511
COOPERATIVE IMPROVEMENT AGREEMENT
Pavement Improvements
Boones Ferry Road/Carman DrivefI_3 Separation Structure
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as "ODOT"; and the City of
Tigard, acting by and through its elected officials, hereinafter referred to as "CITY," collectively
hereinafter referred to as the "PARTIES".
RECITALS
1. I-5 is a part of the state highway system under the jurisdiction and control of the Oregon
Transportation Commission. Upper Boones Ferry Road is a part of the city street system
under the jurisdiction and control of CITY.
2. By the authority granted in 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.
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, CITY agrees to perforrn grinding and asphaltic concrete surface
pavement and overlay; striping; and detection loop replacement according to ODOT
standards, on SW Upper Boones Ferry Road begiruiing from the Bridge joint proceeding
easterly on the I-5 separation structure to the ODOT/CITY right-of-way line, 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$33,000 in state funds. The estimate for
the total Project cost is subject to change. ODOT shall contribute an amount not to exceed
$33,000. CITY shall be responsible for any Project costs beyond the estimate and beyond the
ODOT contribution.
3. This Agreement shall become effective on the date all required signatures are obtained and
shall remain in effect for the purpose of ongoing maintenance and power responsibilities for
the useful life of the facilities constricted as part of the Project. The useful life is defined as
ten (10) calendar years.
Agreement No. 24,511
City of Tigard
CITY OBLIGATIONS
1. CITY or its contractor shall conduct the necessary field surveys, envirorunental studies,
identify and obtain all required permits; and perforin all preliminary engineering and design
work required to produce plans, specifications, and cost estimates for the Project.
2. CITY shall, upon ODOT's combined review and concurrence of final plans, prepare the
contract and bidding documents; advertise for construction bid proposals; award all contracts;
furnish all construction engineering, field testing of materials and technical inspection.
3. Upon completion of the Project and final inspection by ODOT, CITY shall forward an
invoice to ODOT for an amount not to exceed $33,000. CITY shall be responsible for all
costs over the total Project estimate and ODOT contribution.
4. CITY shall lay out and paint the necessary lane lines for the Project.
5. CITY shall cause to be relocated or reconstructed, all privately or publicly owned utility
conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature
where such relocation or reconstruction is made necessary by the plans of the Project in order
to conform the utilities and other facilities with the plans and the ultimate requirements of the
Project. All utility relocations shall be the responsibility of the CITY.
G. CITY is responsible for and ensures that all Project right-of-way monurnentation will be
conducted in conformance with ORS 209.150.
7. CITY shall be responsible for all maintenance costs for the Project including the portion of
the Project on ODOT right-of-way on SW Upper Boones Ferry Road beginning from the
Bridge joint proceeding easterly on the 1-5 separation structure to the ODOT/City right-of-
way line (see attached Exhibit A for details).
8. CITY shall, upon completion of the Project and at its own expense, maintain the asphaltic
concrete pavement surrounding the vehicle detector loops installed in the CITY and Project
area roads in such a manner as to provide adequate protection for said detector loops. Failure
to do so may result in ODOT requiring CITY to repair or replace the damaged loops at CITY
expense. CITY roadwork activities may also result in the same ODOT requirements. CITY
shall also adequately maintain the pavement markings installed in accordance with current
ODOT standards.
9. CITY shall, to the extent perrnitted by the Oregon Constitution and the Oregon Tort Claims
Act, indemnify, defend, save, and hold harmless the State of Oregon, Oregon Transportation
Commission and its members, Department of Transportation, its officers and employees from
any and all claims, suits, and liabilities which may occur in the performance of this Project.
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Agreement No. 24,511
City of Tigard
10. Notwithstanding the foregoing defense obligations under the paragraph above, neither CITY
nor any attorney engaged by CITY 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 ower defense and
settlement in the event that it determines that CITY is prohibited from defending the State of
Oregon, or that CITY 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 inay have
against CITY if the State of Oregon elects to assume its own defense.
11. All employers, including CITY, 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. CITY shall
ensure that each of its subcontractors complies with these requirements.
12. CITY acknowledges and agrees that ODOT, the Secretary of State's Office of the State of
Oregon, the federal goverrunent, 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. Copies of applicable records shall be made
available upon request. Payment for costs of copies is reimbursable by ODOT.
13. CITY or its contractor shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this Agreement, including,
without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and
279B.270 incorporated herein by reference and made a part hereof, Without limiting the
generality of the foregoing, CITY expressly agrees to comply with (i) Title VI of Civil Rights
Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other applicable
requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
14. CITY shall require its contractor to indemnify ODOT and name ODOT as a third party
beneficiary of the resulting contract, and to obtain and keep in effect during the term of the
contract Comprehensive or Commercial General Liability Insurance covering bodily injury
and property damage. This insurance shall include personal injury coverage, contractual
liability coverage for the indemnity provided under this Agreement and products/completed
operations liability. Combined single limit per occurrence shall not be less than $1,000,000
or the equivalent. Each annual aggregate limit shall not be less than $2,000,000 when
applicable and shall carry at a minimum personal injury and property damage insurance with
a single limit of $1,000,000 for all claims arising out of a single accident or occurrence.
CITY shall also insure that the contractor provides an additional $1,000,000 excess insurance
coverage over the basic $1,000,000 coverage. Each annual aggregate limit shall not be less
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Agreement No. 24,511
City of Tigard
than $2,000,000 when applicable. The contractor shall include CITYand ODOT as named
insured on policies issued for this Project, or shall furnish an additional insured endorsement
naming the same as additional insured to the contractor's existing public liability and
property damage insurance. The certificate of insurance shall include the State of Oregon,
Transportation Commission and its members, Department of Transportation, officers and
employees as additional insured. CITY shall provide a copy of the certificate to ODOT prior
to construction of the Project. The insurance coverage shall not be amended, altered,
modified or cancelled insofar as the coverage contemplated herein is concerned without at
least thirty(30) days prior written notice.
15. CITY shall authorize execution of this Agreement during a regularly convened session of its
City Council.
16. Upon completion of the project, CITY shall submit three sets of"As Constructed" drawings
to ODOT. One set shall be half size 11"x17" mylars, the remaining sets shall be half size
(11"x 17") prints. Submit all sets to ODOT District 2A office.
17. CITY's Project Manager for this Project is Vannie Nguyen, C.I.P. Engineering Manager,
13125 SW Hall Boulevard, Tigard OR 97223, 503-718-2460, or assigned designee upon
individual's absence.
ODOT OBLIGATIONS
1. ODOT shall, at Project expense, conduct plan review, grant access to right-of-way, Project
approval/concurrence, Project inspection and technical expertise as requested.
2. ODOT shall, upon execution of the Agreement, complete a final inspection of the Project,
and upon the receipt of a statement from the CITY, forward the ODOT participating funding
for the Project in the amount of, and not to exceed, $33,000. Any additional costs beyond the
total Project is the responsibility of the CITY.
3. ODOT hereby grants the CITY, or others designated by the CITY and permitted by ODOT
District permitting office, permission to access ODOT right-of-way for the purpose of
maintaining Project if said Maintenance in no way impedes the Highway's traffic flow.
Should traffic control be needed to perform Maintenance, a permit is required from the
District 2A Maintenance Office. CITY shall require the same of its designees chosen to
perforin Maintenance requirements of this Agreement.
4. ODOT's Project Manager for this Project is Sam Hunaidi, ODOT District 2A, Assistant
District Manager, 6000 SW Raab Road, Portland, OR 97221; Phone: 503-229-5002, or
assigned designee upon individual's absence.
5. ODOT shall retain all utility and access permit-issuing authority along the state highway.
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Agreement No. 24,511
City of Tigard
6. ODOT certifies, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within ODOT`s current
appropriation or limitation of the current biennial budget.
GENERAL PROVISIONS
1. This Agreement may be terminated by either party upon thirty (30) days' notice, in writing
and delivered by certified snail or in person.
2. ODOT may tenninate this Agreement effective upon delivery of written notice to CITY, or at
such later date as may be established by ODOT, under any of the following conditions:
a. If CITY fails to provide services called for by this Agreement within the time specified
herein or any extension thereof.
b. If CITY 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 ODOT fails to correct such failures within
ten (10) days or such longer period as ODOT may authorize.
c. If CITY fails to provide payment of its share of the cost of the Project.
d. If ODOT fails to receive funding, appropriations, limitations or other expenditure
authority sufficient to allow ODOT, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this Agreement.
e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way
that either the work under this Agreement is prohibited or ODOT is prohibited from
paying for such work from the planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
4. 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.
5. 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
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Agreement No. 2.4,511
City of Tigard
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.
SIGNATURE PAGE TO FOLLOW
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Agreement No. ?4,511
City of Tigard
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter
written.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No. 2,
which authorizes the Director to approve and execute agreements for day-to-day operations. Day-
to-day operations include those activities required to implement the biennial budget approved by
the Legislature, including activities to execute a project in the Statewide Transportation
Improvement Program.
On September 15, 2006, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, Paragraph 2, in which day-to-day authority is delegated to Region
Managers, which includes the authority to approve and sign agreements up to $75,000 when the
work is related to a project included in the Statewide Transportation Improvement Program,
other system plans approved by the Oregon Transportation Commission, or in a line item in the
biennial budget approved by the Director.
CITY OF TIGARD, by and through its STATE OF OREGON, by and through
elected officials its Department of Transportation
By By
City Manager Region 1 Manager
Date Date
APPROVAL RECOMMENDED
By
Technical Services Manager/Chief Engineer
Date
By
District 2A Manager
Date
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