Resolution No. 09-67 CITY OF TIG RD, OREGON
TI'GARD CITY COUNCIL
RESOLUTION NO. 09-
A RESOLUTION CSP THE CITY C;CUNCIL APPROVING AN AGREEMENT WITH THE
OREGON DEPARTMENT OF TRANSPORTATION (ODOT) AND WASHINGTON
COUNTY FOR THE HALL BOULEVARD/HIGHWAY 99W INTERSECTION
IMPROVEMENT PROJECT;
WHEREAS, the Hall Boulevard/Highway 99W Intersection Improvement Project is funded
through asl-dnn ton County's Major Streets Transportation Improvement Program (MSTIP)
supplemented by an Oregon Department of Transportation (ODOT) contribution to the project;
and
WHEREAS, Washington County is managing the project design and construction with reviewv from
both ODOT and the City;and
WHEREAS, Washington County well be performing improvements to both Hall Boulevard and
Highway 99W that will, after completion,be transferred to ODOT; and
WHEREAS, the City will have maintenance responsibilities for certain elements of the
improvements after completion and
WHEREAS, an agreement between the City, ODOT and Washington County is necessary to
delineate obligations for each party during the design and construction phases, and after completion
and acceptance of the improvements.
NOW, THERE FORE,BE IT RESOLVED by the Tigard City Council that:
SECTION l: The agreement attached as Exhibit A to this Resolution is hereby approved, and the.
Mayor is authorized to sign the agreement documents.
SECTICJN 2. This resolution is effective immediately upon passage.
PASSED: This Zday of -; , 2009.
w
IVMayor rty o Tigard
ATTEST:
City Recorder- City of Tigard
RESOLUTION NO. 09-w&9
Page I
EXHIBIT A
Misc. Contracts and Agreements
NQ.2375'7
COOPERATIVE IMPROVEMENT AGREEMENT
Pacific Highway West at Hall Boulevard Intersection Improvements
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
Washington County, acting by and through its Board of Corm-nissioners, hereinafter referred to as
"COUNTY ", and City of Tigard, acting by and through its elected officials, hereinafter referred to
as "CITY'; and collectively all hereinafter referred to as the"Parties".
RECITALS
1, Pacific Highway West (99W) and Hall Boulevard (Beaverton-Tualatin Hwy) are part of the
state highway system under the jurisdiction and control of the Oregon Transportation
Cominission. The intersection of said roadways falls within the CITY's jurisdiction.
2. By the authority granted in ORS 190.110, 366.572, 366.574 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: By By the authority granted in ORS 366, 105.760, 373.010, 373.015, 373.030, ODOT is
with complete jurisdiction and control over the roadways of other jurisdictions taken for state
highway purposes. The jurisdiction by the department extends from curb to curb, or, if there
is no regular established curb, then such control extends over such portion of the right of way
as may be utilized by the department for highway purposes. Responsibility for and
jurisdiction over all other portions of the street or road remains with the CITY and
COUNTY.
4. By the authority granted in ORS 810.210, ODOT is authorized to determine the character or
type of traffic control devices to be used, and to place or erect them upon state highways at
places where ODOT deems necessary for the safe and expeditious control of traffic. No
traffic control devices shall be erected, maintained or operated upon any state highway by any
authority other than ODOT, except with its written approval. Traffic signal work on this
Project will conform to the current ODOT standards and specifications.
5, By Agreement Number 4312, executed September 21, 1971, ODOT and the CITY agreed
that ODOT would perform and upgrade an interconnected traffic control signal system at four
intersections on Pacific Highway West with one of the intersections at Hall Boulevard (state
highway 141). The agreement also established maintenance, operations and power cost
responsibilities for the signals. Said agreement shall remain in full force and effect except as
modified herein.
NOW THERE FORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
Key number 15473
Agreement No. 23757
Washington County and City of Tigard
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, ODOT, COUNTY and CITY agree to the reconstruction of the
intersection of 99W and Hall Boulevard and to access management improvements to improve
and enhance safety and capacity in the intersection area, hereinafter referred to as "Project".
The Project shall be constructed by COUNTY or its contractors, The Project consists of light
turn lanes on SW Hall Boulevard, traffic signal improvements, additional lanes on Highway
99W, improved roadway drainage, illumination, pedestrian improvillents, sidewalks,
landscaping and bike lanes. The location of the Project is approximately as shown on the
sketch map attached hereto, marked Exhibit A, and by this reference made a pall hereof. The
Project limits on Hall Boulevard are from MP4.90 to MP 5.12 and from MP 8.69 to MP 8.93
oil 99W.
2. The Project total estimated cost is $6,268,000. The estimate for the total Project cost is
subject to change. The COUNTY is contributing $5,518,000 in funds through the COUNTY
Major Streets Transportation Improvement Program. ODOT shall contribute an amount not
to exceed $750,000 in state funds for the preliminary engineering component of the Project.
In addition, ODOT services at the cost of the Project, as farther described in ODOT
Obligations paragraphs 2 through 6, shall be withheld from ODOT's contribution. The total
estimated cost of said ODOT review and technical services is $30,000. The COUNTY shall
be responsible for all Project costs to complete the Project beyond ODOT's contribution for
the preliminary engineering component of the Project.
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 useftil life of the facilities constructed as part of the Project. The Project shall be
completed within ten (10) calendar years following the date of final execution of this
Agreement by both parties.
COUNTY OBLIGATICJ►I`
I. COUNTY shall obtain a permit to "Occupy or Pelforill Operations upon a State Highway" from
assigned ODOT District 2A Project Manager as well as land use pen-nits, building permits, and
engineering design review approval from ODOT. COUNTY agrees to comply with all
provisions of said permit(s), and shall require its developers, contractors, subcontractors, or
consultants performing such work to comply with such permit and review provisions. .
2. COUNTY shall conduct the necessary field surveys, environmental studies, acquire all
necessary right of way; identify and obtain required permits; arrange for relocation or
reconstruction of any conflicting utility facilities, and perform all preliminary engineering and
design work required to produce plans, specifications, and cost estimates.
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Agreement No. 23757
Washington County and City of Tigard
3. COUNTY shall provide the Project preliminary and final plans and specifications to ODOT's
District 2A office for review and written concurrence prior to advertisement for construction
bid proposals and award of the contract. The intersection and signal design plans must be
approved by the ODOT Office of the State Traffic Engineer. ODOT District 2A shall
coordinate all such review.
4. If COUNTY chooses to use a contractor to construct the Project, COUNTY shall, upon
ODOT's written review and concurrence of final plans, prepare the contract and bidding
documents, advertise for construction bid proposals, award all contracts, pay all contractor
costs, ftimish all construction engineering, field testing of materials, tech Tical inspection
(except as described in ODOT OBLIGATIONS) and project manager services for
administration of the contract.
5. COUNTY shall cause the Project to be designed and constructed in accordance with ODOT
standards and upon completion of the Project shall release ownership of traffic signal
equipment to ODOT.
6. COUNTY, or its consultant's, electrical inspectors shall possess a current State Certified
Traffic Signal Inspector certificate, in order to inspect electrical installations on state
highways. The ODOT District 2A Permitting Office shall verify compliance with this
requirement prior to construction.
T COUNTY shall be, as designated by ODOT, the current permitting authority at locations
where right of way is obtained by the COUNTY for the Project, utility installations,
relocations and reconstructions, and shall eventually become ODOT right of way but shall
remain under the ownership or control of COUNTY until Project cornpletion or property
transfer by the COUNTY to ODOT. COUNTY shall, through its permit process, assign the
rights associated with its utility permit to ODOT and indicate in the permit that ODOT shall
be the governing body that will manage and control the permitting authority over such areas
of right of way transition. ODOT shall also be a signing authority on such COUNTY permits.
Additionally in such situations, ODOT shall also issue a separate permit to the utility at the
same tirne as the COUNTY permit.
8. COUNTY shall, upon execution of the Agreement, forward to ODOT a letter of request for the
amount of $750,000 for ODOT's contribution to the preliminary engineering for the Project.
The estimated total costs for ODOT services at the close of the Project shall be deducted froth
that total payment prior to paynient. The total estimated cost for said ODOT services is
$30,000 in Right of Way and District 2A set-vices. Should the Project be reduced in scope,
any portion of ODOT's contributions which is in excess of the COUNTY'S actual total cost
for the Project will be refunded or released to ODOT.
9. COUNTY is responsible for all costs for ODOT services required for successful completion
of the Project on or impacting the state highway. Should the Project require additional ODOT
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Agreement No. 23757
Washington County and City of Tigard
services due to unforseen circumstances or a change in scope of the Project occurs, said
additional services shall be performed by ODOT at Project expense. ODOT shall make every
effort to notify COUNTY of any additional costs beyond the original estimated amount at the
time of discovery of said additional services.
10. Subject to the provisions in the preceding two paragraphs, upon completion of any additional
services by ODOT, and the receipt from ODOT of an itemized statement of the actual total
cost of ODOT's participation for the Project, COUNTY shall pay any amount which will
equal 100 percent of actual costs for ODOT Project services. Any portion of said ODOT
withheld amount of $30,000 that is in excess of ODOT's total costs for services will be
advanced to COUNTY if needed, and upon COUNTY's written request.
11. COUNTY agrees that all right of way services will be in compliance with Public Law 91-
646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
as amended; ORS Chapter 35, and the Oregon Department of Transportation (ODOT) Right
of Way Manual. As acquisition of right of way impacting the ODOT facility is required,
COUNTY and ODOT are concurrently entering into a separate Right of Way Services
Agreement Number 25787 along with this Agreement. COUNTY agrees to contact and
coordinate with ODOT's Region I Right of Way Manager on all right of way activities.
12. COUNTY shall, at its own expense, be responsible for a two (2) year establishment period
for landscape plantings for the Project.
13. COUNTY certifies, at the time this Agreement is executed, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within COUNTY's current
appropriation or limitation of current biennial budget.
14. COUNTY shall construct the Project in accordance with the requirements of ORS 276.071
including the public contracting laws within ORS Chapters 279A, 279E and 279C.
15. If COUNTY chooses to assign its contracting responsibilities to a consultant or contractor,
COUNTY shall inform the consultant or contractor of the requirements of ORS 276.071, to
ensure that the public contracting laws within ORS Chapters 279A, 279E and 2790 are
followed.
16. Pursuant to the statutory requirements of ORS 279C.380 COUNTY shall require their
contractor to submit a performance bond to COUNTY for an arnount equal to or greater than
the estimated cost of the Project.
17. The Special Provisions for the construction contract work for this Project shall include the
following stipulations:
a. Contractor shall name ODOT, COUNTY and CITY as a third party beneficiaries of the
resulting contract.
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Agreement No. 23757
Washington County and City of Tigard
b. Contractor~ shall indemnify, defend and hold harmless ODOT, COUNTY and CITY and
their officers, employees and agents fi-om and against all claims, suits, actions, losses,
damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising
out of or relating to the activities of Contractor or its officers, employees, sub-
contractors, or agents under this Contract.
c; Commercial General Liability. Contractor shall obtain, at Contractor's expense, and
keel) in effect during the term of this Contract, Commercial General Liability Insurance
covering bodily injury and property damage in a form and with coverages that are
satisfactory to ODOT, COUNTY and CITY. This insurance shall include personal and
advertising injury liability, products and completed operations. Coverage may be written
"
in combination with Automobile Liability Insurance (with separate limits). Coverage
shall be written on an occurrence basis. If written in conjunction with Automobile
Liability the combined single limit per occurrence shall not be less than $ 1,000,000 for
each jobsiteor location. Each annual aggregate limit shall not be less than S'2,000,000.
d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in
effect during the term of this Contract, Commercial Business Automobile Liability
Insurance covering all owned, non-owned, or hired vehicles. This coverage may be
written in combination with the Commercial General Liability Insurance (with separate
limits).- Combined single limit per occurrence shall not be less than $1,000,000.
e. Additional Insured. The liability insurance coverage, except Professional Liability,
Errors and Omissions, or Workers' Compensation, if included, required for performance
of the Contract shall include ODOT, COUNTY and CITY and its divisions, officers and
employees as Additional Insured but only with respect to the Contractor's activities to be
performed under this Contract. Coverage shall be primary and non-contributory with any
other insurance and self-insurance.
18. Notice of Cancellation or Change. There shall be no cancellation, material change;
potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without
thirty (30) clays written notice fiom the Contractor or its insurer(s) to ODOT, COUNTY and
CITY. Any failure to comply with the reporting provisions of this clause shall constitute a
material breach of Contract and shall be grounds for immediate termination of this Contract.
19, All employers, including COUNTY, 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.
COUNTY shall ensure that each of its subcontractors complies with these requirements.
20. COUNTY 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, 2790.515,279C.520, 279C.530 and 2798.270 incorporated
herein by reference and made a part hereof, Without limiting the generality of the foregoing,
COUNTY expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title
Agreement No. 23757
Washington County and City of Tigard
V and Section 504 of the Rehabilitation Act of 197'); (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.
21. COUNTY shall ensure that landscape water systems shall be on separate systems from any
ODOT systems.
22. COUNTY shall lay out and paint the necessary lane lines, and erect the required directional
and traffic control signing for the Project.
2a: COUNTY is responsible for and ensures that all survey monuments recorded with a county
and within or adjacent to the highway right-of-way shall be preserved in accordance with
ORS 209,140 and 209.150. Any such monumentation that is damaged or removed during the
course of the Project must be replaced in compliance with ORS Chapter 209 stipulations, the
ODOT Right of Way Monurnentation Policy, and at COUNTY'S own expense.
24. COUNTY is also responsible, at its own expense, for replacement of any additional ODOT
survey marks or other i-nonumentation not recorded with a county that are damaged or
removed during the course of the Project. In the event of such replacement, COUNTY shall
contact ODOT's Geometronics Unit for replacement procedures.
25. If additional right of way is acquired for state highway right of way purposes as a result of the
Project, then a right of way monumentation survey is required as defined in ORS 209.150 and
209.155. COUNTY agrees to provide such a survey, at its own expense, following ORS
Chapter 209 stipulations, ODOT Right of Way Monumentation Policy, and ODOT's
Geometronics Unit review and approval, and to file the legal survey with the appropriate
COUNTY Surveyor's office as required.
26. Upon completion of the Project, COUNTY shall submit a digital file and three sets of"As
Constructed" drawings to Sam Hunaidi at ODOT 123 NW Flanders, Portland Oregon 97209,
or assigned designee upon individuals absence. One set shall be half size I I"x 17" mylars, the
remaining sets shall be half size (I I"x 17") prints.
27. COUNTY shall, upon completion of the Project, transfer the right of way purchased for
Project to ODOT by a separate right of way agreement..
28. COUNTY's Project Manager for this Project is Daniel Erpenbach, 1400 SW Walnut Street,
MS 18, Hillsboro, Oregon 97123-5625, phone: 503-846-7877, email: daniel-
eipenbach@washington.or.us, or assigned designee upon individual's absence.
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Agreement No. 23757
Washington County and City of Tigard
CITY OBLIGATIONS
1. CITY shall be responsible for 100 percent of electrical energy costs associated with the signal
equipment installed as part of this Project, pursuant to and consistent with the terms of
Agreement 4312. CITY shall ensure that the power companies send power bills directly to
CITY.
2. Upon completion of the Project, CITY shall continue to be responsible for 50 percent of the
maintenance and operation costs for Project signal, ODOT is incurring and performing said
maintenance and operation costs at their own expense and annually billing CITY for the
actual annual portion. The total estimated costs under this Agreement shall not exceed $3,000
per calendar year. Said cost is subject to review every five (5) years for inflation, and any
changes shall be by an amendment to this Agreement, signed by both parties. This cost does
not include repairs performed on an emergency basis or as a result of a construction project
and are not included in the estimated costs for this Agreement. Any additional costs above
the estimate due to emergency costs shall also be shared as stipulated in ODOT Obligations,
paragraph 11.
i. CITY shall, at no cost to ODOT, be responsible for 100 percent of electrical energy and
maintenance costs associated with all illumination that is part of the Project. CITY shall seek
to have all illumination separately metered and shall ensure that the power company shall
send power bills directly to CITY. Such illumination shall be served by a separate systern
from the signal system. Any such additional illumination on the state highway must be
approved by ODOT Office of the State Traffic Engineer. ODOT District 2A shall coordinate
all such review.
4. CITY shall, at no cost to ODOT, be responsible for 100 percent of maintenance, water, and
power costs associated with the landscape (after completion of a two (2) year plant
establishment period described in COUNTY Obligations Paragraph number 12) and
irrigation installed as part of Project improvements covered by this Project. Improvements
include sidewalks, drainage maintenance, including water treatment vaults within Project
limits, and street sweeping.
5. CITY shall ensure that the water and power companies send water and power bills directly
to CITY.
6. CITY may require the adjacent property owners to fund or perform maintenance of
improvements, as permitted by CITY ordinance. CITY shall remain responsible for
compliance with the terms of this Agreement, and shall be responsible for the performance of
maintenance, even when maintenance is perfon-ned by CITY contractors or property owners,
7. CITY services charged to the Project or any cost sharing for maintenance or electrical
arrangements between the CITY and COUNTY that do not include ODOT shall be confirmed
in separate agreement by the two agencies and are not a part of this Agreement.
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Agreement No. 23757
Washington County and City of Tigard
8. CITY's Project Manager for this Project is the City Engineer, City of Tigard, 13125 SW Hall
Boulevard, Tigard, OR 97223, phone: (50')) 718-2470, or assigned designee upon
individual's absence.
ODOT OBLIGATIONS
1. ODOT hereby grants COUNTY and CITY and their contractor(s), the right to enter onto and
occupy ODOT right of way upon issuance of ODOT required permits, for the performance of
necessary preliminary engineering, inspection, construction, and maintenance of the Project.
2. ODOT's District Maintenance Manager shall, at Project expense, assign a Project Manager for
technical inspection to ensure ODOT standards are met, to monitor the traffic signal and
roadway work performed by the COUNTY, or its contractors, within the boundaries of the
ODOT right of way; and for any necessary Right of Way services. ODOT's Project Manager
will provide general oversight of such roadwork, but the COUNTY or its contractors shall
perform all roadwork and contractor coordination.
3. ODOT's District Maintenance Manager/or designee shall, at Project expense, issue the required
peirnits, and review and concur with the Project plans and specifications. ODOT shall review
and must concur in the plans before the Project is advertised for a construction contract or
before construction begins.
4. ODOT, for purposes of perforinance of COUNTY Obligation paragraph 4, hereby grants
COUNTY the ability to act on its behalf for relocation of the utilities, including issuance of
conflict letters, on right of way purchased for the Project that shall become ODOT's on
completion of the Project and property transfer by the COUNTY.
5. ODOT shall, at Project expense, perform the signal equipment environmental testing, field
testing, and turn-on in accordance with the current ODOT procedures.
6. ODOT Right of May administrative services for the anticipated right of way needed by
COUNTY for Project is anticipated to cost $15,000 of the $30,000 total for ODOT services
toward the Project.
7. ODOT's total contribution for the Project shall not exceed $750,000. Upon execution of this
Agreement, and receipt of a letter of request from the COUNTY, ODOT shall pay $750,000
for the Project (minus the amount described in the paragraphs above and below for various
ODOT services), said amount being equal to the ODOT contribution to the Project.
8. ODOT shall withhold its estimated service costs for technical review, inspection and right of
way services from the total ODOT contribution to the Project. The total estimated cost for
said services is $30,000. If for any reason the services should exceed the estimate, ODOT
shall submit an letter of request for the remaining costs of ODOT services. Requests for
additional deposits shall be'accompanied by an itemized statement of expenditures and an
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Agreernetit No. 23757
Washington County and City of Tigard
estimated cost to complete ODOT services. Any portion of said $30,000 that is in excess of
ODOT's total costs for services will be costs will be refunded or released to COUNTY.
9. ODOT shall compile accurate cost accounting records. COUNTY may request a statement of
costs to date at any time by submitting a written request,
10. 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 current biennial budget.
11. Upon completion of the Project and satisfactory signal Writ on, ODOT shall retain ownership
and complete jurisdiction and control of the roadway improvements from face of curb to face
of curb, and be responsible for the operation and maintenance of the traffic signal equipment
installed for the Project on the intersection with the Highway. ODOT shall perforin signal
turn-on. ODOT shall be responsible for all maintenance of Project improvements following
completion, except for items expressly allocated to CITY or COUNTY in this Ag-reement.
12, ODOT shall annually submit an invoice to CITY for its portion (50 percent) of all
maintenance and operation costs for the signals that are part of the Project. ODOT is
incurring and performing said maintenance costs at their own expense and annually billing
CITY for the actual annual portion. Said invoice shall identify actual costs. In the event that
ODOT incurs maintenance costs related to an emergency event, 50 percent of said costs shall
be identified and added to the CITY's portion of said costs to the annual billing.
13. Traffic signal timing shall remain the responsibility of ODOT. All modifications shall follow
guidelines set forth in the current Manual on Uniform Traffic Control Devices and Oregon
Supplements, and the current ODOT Traffic Signal Policy and Guidelines.
14. ODOT shall retain all utility and access permit-issuing authority along the state highway.
15. ODOT's Project Manager for this Project is Sam Hunaidi, 123 NW Flanders Street, Portland,
OR 97209; phone: 503-731-8472, email: sam.h.hunadi @odot.state.or.us, or assigned
designee upon individual's absence.
GENERAL PROVISIONS
1. This Agreement may be terminated by mutual written consent of the Parties.
2. Parties may terminate this Agreement effective upon delivery of written notice to other
Parties, or at such later date as may be established by ODOT, under any of the following
conditions:
a. If any of the other Pat-tips fail to provide services called for by this Agreement
within the time specified herein or any extension thereof,
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Agreement No. 23757
Washington County and City of Tigard
b. If any of the other Parties fail 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
C�,
with its terms, and after receipt of written notice fi-orn ODOT fails to correct such failures
within ten (10) days or such longer period as ODOT may authorize.
c. ODOT fails to correct such failures within ten (10) days Or Such longer period as ODOT
may authorize.
d. If Parties fail 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, regilations 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
I Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
parties prior to termination,
4. The Parties shall notify the other Parties Project Managers, in writing, of any changes to their
Project Manager's contact information during the term of this Agreement.
5, If COUNTY or CITY fails to maintain facilities in accordance with the terms of this
Agreement, ODOT, at its option, may maintain the facility and bill COUNTY or CITY, seek
an injunction to enforce the duties and obligations of this Agreement or take any other action
allowed by law.
6. Each of the Parties hereto shall be deemed an independent contractor for purposes of this
Agreement and shall be exclusively responsible for all costs and expenses related to its
employment of individuals to perform the work under this Agreement including, but not
limited to, retirement contributions, workers compensation, unemployment taxes, and state
and federal income tax withholdings. No representative, agent, employee or contractor of one
Party shall be deemed to be an employee, agent or contractor of the other Party for any
purpose, except to the extent specifically provided herein.
7. COUNTY and CITY acknowledge and agree that ODOT, the Secretary of ODOT's Office of
the State of Oregon, the federal goverru-nent, and their duly authorized representatives shall
have access to the books, documents, papers, and records of COUNTY 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 completion of Project. Copies of applicable
records shall be made available upon request. Payment for costs of copies is reimbursable by
the requesting party.
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Agreement No. 23757
Washington County and City of Tigard
8. Parties shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims
Act, indemnify, defend, save, and hold harmless each other, their officers and employees
from any and all claims, suits, and liabilities which may occur in their respective performance
of this Project.
9. Notwithstanding the foregoing defense obligations under the paragraph above, no Party nor
any attorney engaged by any party shall defend any claim in the name of the other Parties or
any agency/department/division of such other Party, nor purport to act as legal representative
of the other Parties or any of its agencies/departnients/divisions, without the prior written
consent of the legal counsel of such other parties. Each Party may, at anytime at its election
assume its own defense and settlement in the event that it determines that the other Parties are
prohibited from defending it, or that other Party is not adequately defending it's interests, or
that an important governmental principle is at issue or that it is in the best interests of the
party to do so. Each Party reserves all rights to pursue any claims it may have against the
other if it elects to assume its own defense,
10. 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.
11. 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.
The Parties, by execution of this Agreement, hereby individually acknowledge that they have
read this Agreement, understand it, and agree to be bound by its terrns and conditions.
This Project is in the 2008-20011 Statewide Transportation Improvement Program, (Key
#15473) that was approved by the Oregon Transportation Commission on November 14, 2007.
The Oregon Transportation Commission on December,29, 2008, 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.
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Agreement No. 23 757
Washington County and City of Tigard
On September 15, 2006, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director,
Highways, to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or in other system plans
approved by the Oregon Transportation Commission such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial budget approved by the Director.
SIGNATURE PAGE TO FOLLOW
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Agreement No. 23757
Washington County and City of Tigard
Washington County, by and through its Board of STATE OF OREGON, by and through
Commissioners its Department of Transportation
By By
Chair Deputy Director, Highways
Date Date
APPROVAL RECOMMENDED
By
Recorder By
Region I Manager
Date
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
By Technical Services Manager/Chief Engineer
COUNTY Counsel
Date
Date
CITY of Tigard, by and through its elected By
officials District 2A Manager
By Date
Mayor
Date B
State Traffic Engineer
By Date
Recorder
APPROVED AS TO LEGAL
Date SUFFICIENCY
B
APPROVED AS TO LEGAL SUFFICIENCY Assistant Attorney General
By Date:
CITY Counsel
Date
13
Location Map
M.C., A. No. 23757
Pacific Highway Nest at Hall Boulevard Intersection Improvements
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SW HALL BOULEVARD l HIGHWAY 99W INTERSECTION MANAGEMENT
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