ODOT - Pedestrian Signal at Fanno Creek Trail f i
OF O
reon Oregon Department of Transportation
-O
° Support Services
Theodore R.xulongoski,Governor Procurement Office
455 Airport Rd. SE, Bldg K
Salem, OR 97301-5348
September 19, 2008
City of Tigard
Attn: Vannie Nguyen
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Vannie,
We have enclosed one original for your files of the fully executed Agreement#24745 for our
upcoming project which covers Hall Boulevard Pedestrian Signal at Fanno Creek Trail MP 5.70
Beaverton-Tualatin Hwy. This Agreement has been signed by all parties.
We have retained one signed original of the fully executed Agreement#24745 on file at the Oregon
Department of Transportation.
If you have any questions regarding this Agreement, please contact me at my e-mail address
jule.young ren@odot.state or us or at (503) 986-6937
Sincerely,
& +4m�
Jule Youngren
Administrative Specialist
ODOT Procurement Office
Enclosure
Misc. Contracts and Agreements
No. 24,745
COOPERATIVE IMPROVEMENT AGREEMENT
Hall Boulevard Pedestrian Signal at Fanno Creek Trail
MP 5.70
Beaverton-Tualatin Hwy
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. Beaverton-Tualatin Highway (Hall Boulevard) is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission (OTC). Fanno Creek Trail
is under the jurisdiction and control of the 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.
3. 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.
4. By the authority granted in ORS 366.425, ODOT may accept deposits of money or an
irrevocable letter of credit from any county, city, road district, person, firm, or corporation for
the performance of work on any public highway within the ODOT. When said money or a
letter of credit is deposited, ODOT shall proceed with the Project. Money so deposited shall
be disbursed for the purpose for which it was deposited.
5. Fanno Creek Trail is a 15-mile multi-use paved trail for walkers, runners and bicyclists under
the jurisdiction of the City of Tigard at its intersection with Hall Boulevard. Trail users must
cross Hall Boulevard, a busy highway, to access the continuing Trail on the other side of the
highway without the safety benefit of signal or marked cross-walk.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the Parties hereto as follows:
Agreement No. 24,745
City of Tigard
TERMS OF AGREEMENT
1. Pursuant to the authority referred to in the Recitals, ODOT and CITY agree to the CITY'S
installation of a pedestrian activated si_�nal, illumination, signage, marked crosswalk and
sidewalk ramps or paved connections leading to the crosswalk at milepoint 5.70 of Hall
Boulevard, 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$80,000 in funds available to the CITY
The estimate for the total Project cost is subject to change. CITY shall be responsible for any
Project costs beyond the estimate.
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 constructed as part of the Project. The useful life is defined as
twenty (20) calendar years. The Project shall be completed within two (2) calendar years
following the date of final execution of this Agreement by both Parties.
CITY OBLIGATIONS
1. This Agreement is conditioned upon the CITY obtaining a permit to "Permit to Occupy or
Perforin Operations upon a State Highway" from the assigned ODOT District 2A Project
Manager. CITY agrees to comply with all provisions of said permit, and shall require its
developers, contractors, subcontractors, or consultants performing such work to comply with
said permit.
2. CITY, or its consultants, shall conduct the necessary field surveys, environmental studies,
traffic investigations; identify and obtain required pen-nits; arrange for relocation or
reconstruction of any conflicting utility facilities, and perforin all preliminary engineering and
design work required to produce plans, specifications, and cost estimates.
3. CITY shall, prior to its advertisement for construction bid proposals, provide the Project
preliminary and final plans and specifications to ODOT's District 2A Project Manager for
review and written concurrence. The plans must be approved by ODOT Office of the State
Traffic Engineer. ODOT District 2A Project Manager shall coordinate all such reviews.
4. CITY 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, and furnish all construction engineering, field testing of materials, technical
inspection, and Project manager services for administration of the Project.
2
Agreement No. 24,745
City of Tigard
5. CITY shall cause the Project to be designed and constructed in accordance with ODOT
standards and shall upon completion of the Project, CITY shall release ownership of all
Project traffic signal equipment to ODOT.
6. CITY, 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
State District Permitting Office shall verify compliance with this requirement prior to
construction.
7. CITY shall lay out and paint the necessary lane lines and erect the required directional and
traffic control signage for the Project.
8. CITY shall upon receipt of a fully executed copy of this Agreement and upon a subsequent
letter of request from ODOT District 2A Maintenance Office, forward to ODOT an advance
deposit in the amount of$10,000.00 for the Project, said amount being equal to the estimated
total cost of the work performed by ODOT as identified in "ODOT Obligations." CITY
agrees to make additional deposits as needed upon request from ODOT.
9. Upon completion of the Project and receipt from ODOT of an itemized statement of the
actual total cost of ODOT's participation for the Project, CITY shall pay the amount which,
when added to CITY's advance deposits, will equal 100 percent of actual total ODOT costs
for the Project. Any portion of said advance deposits which are in excess of ODOT's total
costs for the Project will be refunded or released to CITY.
10. CITY certifies, at the time this Agreement is executed, that sufficient funds are available and
authorized for expenditure to finance costs of Project.
11. CITY certifies that no right of way acquisition is required for this Project.
12. CITY shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims
Act, indemnify, defend, save, and hold harinless 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.
13. 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 own defense and
settlement in the event that it detennmes 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 may have
against CITY if the State of Oregon elects to assume its own defense.
Agreement No. 24,745
City of Tigard
14. 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
contractually bind each of its subcontractors-to comply with these requirements.
15. CITY acknowledges and agrees that ODOT, the Secretary of State's Office of the State of
Oregon, the federal government, and then- 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 completion of Project. Copies of applicable records shall be
made available upon request. Payment for costs of copies is reimbursable by ODOT.
16. CITY shall comply with all federal, state, and local laws, regulations, executive orders and
ordinances applicable to the work under this Agreement, including, without limitation, the
provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 27913.270 incorporated
herein by reference and made a part hereof. Without limiting the generality of the foregoing,
CITY expressly agrees to comply with (r) Title VI of Civil Rights Act of 1964; (n) Title V
and Section 504 of the Rehabilitation Act of 1973; (in) 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.
17. CITY shall construct the Project in accordance with the requirements of ORS 276.071
including the public contracting laws with ORS Chapters 279A, 279B and 279C, as
applicable to this Agreement.
18. If CITY chooses to assign its contracting responsibilities to a consultant or contractor, CITY
shall inform the consultant or contractor of the requirements of ORS 276.071, and shall bind
said Contractor(s) to comply with the public contracting laws within ORS Chapters 279A,
279B and 279C.
19. CITY shall be responsible for and pay to the power company 100 percent of the power costs
for the Project traffic signal equipment. The power company shall send power bills directly to
CITY.
20. CITY shall, upon signal turn-on, be responsible for 100 percent of the necessary maintenance
costs for the Project traffic signal eaurpment during the life of the Project. ODOT shall bill
CITY for all of maintenance costs for the Project traffic signal equipment monthly. The
estimated annual cost for the necessary maintenance and electrical power is $5,000.
21. The Special Provisions for the construction contract work for this Project shall include the
following stipulations:
4
Agreement No. 24,745
City of Tigard
a. Contractor shall indemnify ODOT and CITY and name ODOT and CITY as a third party
beneficiaries 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.
b. Contractor shall indemnify, defend and hold harmless CITY, ODOT and their officers,
employees and agents from 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 keep
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 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 job site
or location. Each annual aggregate limit shall not be less than $ 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 lin-lits).
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 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.
f. 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) days written notice from the Contractor or its insurer(s) to ODOT 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.
22. If during the course of the CITY's work on the Project any survey monuments and/or
5
Agreement No. 24,745
City of Tigard
milepoints are damaged, removed, or otherwise interefered with as a result thereof, the CITY
shall be responsible to provide that all such 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 damage, removal, or interference shall be the responsibility
of the CITY as provided for and in compliance with ORS Chapter 209 stipulations, the
ODOT Right of Way Monumentation Policy, and at CITY's own expense. CITY is also
responsible, at its own expense, for replacement of any additional ODOT survey marks or
other monumentation not recorded with a county that are damaged or removed during the
course of the Project. In the event of such replacement, CITY shall contact ODOT's
Geometronics Unit for replacement procedures.
23. CITY shall, upon successful completion and acceptance of each portion of Project by ODOT,
relinquish all physical improvements made as part of Project within ODOT jurisdiction to
ODOT. Any and all design drawings, manufacturer or contractor's warranties, guarantees,
operation manuals or similar items necessary to operate or maintain the physical
improvements will be provided to ODOT at the time of relinquishment. Upon request, the
City shall receive copies of said items referenced above as needed during the life of the
Project.
24. Upon completion of the Project, CITY shall submit three (3) sets of "As Constructed"
drawings to Sam Hunaidi at ODOT District 2A Maintenance Office One set shall be half
size 11"x 17" mylars, the remaining sets shall be half size (11"x 17) prints.
25 CITY certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of CITY, under the direction or
approval of its governing body, commission, board, officers, members or representatives, and
to legally bind CITY.
26. CITY's Project Manager for this Project is Vanme Nguyen, P.E., 13125 SW Hall Blvd,
Tigard, OR 97223, phone: 503-639-4171, or assigned designee upon that individual's
absence.
27. CITY, 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
State District Permitting Office shall verify compliance with this requirement prior- to
construction. The pen-nit fee should also cover the CITY electrician's supplemental
inspection.
ODOT OBLIGATIONS
1. ODOT hereby grants CITY, and/or contractors, the right to enter onto and occupy ODOT
right of way upon issuance of ODOT required permits, for the performance of necessary
preliminary engineering, construction, and maintenance of the Project.
6
Agreement No. 24,745
City of Tigard
2. ODOT 2A District Manager or designee shall, at Project expense, issue the required pen-nits
and review and provide written concurrence of the Project plans and specifications prior to
Project construction.
3. ODOT shall, at Project expense, conduct plan review, Project approval/concurrence, conduct
signal inspections, illumination testing inspections, signal turn-on and any additional
technical expertise required to complete the Project.
4. Upon execution of the Agreement, ODOT shall forward a letter of request to CITY for an
advance deposit in the amount of$10,000 for ODOT services described herein. Requests for
additional monetary deposits shall be accompanied by an itemized statement of expenditures
and an estimated cost to complete the Project. All deposits shall be applied to any balances
due as part of this Agreement and shall be accounted for as payment toward project costs and
as provided for under CITY OBLIGATIONS, paragraph 8.
5. Upon completion of the Project, ODOT shall either send to CITY a statement for the amount
which, when added to CITY's advance deposit(s), will equal 100 percent of the total ODOT
costs for Project or ODOT will refund to CITY any portion of said advance deposit which is
in excess of the total ODOT costs for Project.
6. ODOT shall compile accurate cost accounting records CITY may request a statement of
costs to date at any time by submitting a written request.
7. ODOT shall, upon signal turn-on, perforin 100 percent of the necessary maintenance of
Project traffic signal equipment. ODOT shall bill CITY for all of maintenance costs for the
Project traffic signal equipment. ODOT shall only be responsible for the cost of maintenance
for Project's roadway improvements crosswalk striping and signage City is responsible for
all power costs.
8. ODOT shall retain all utility and access permit-issuing authority along the state highway.
9. Upon completion of the Project, ODOT shall assume ownership of Project traffic signal
equipment and roadway improvements within ODOT right of way.
10. 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 an
assigned designee upon that individual's absence.
GENERAL PROVISIONS
1. This Agreement maybe terminated by mutual written consent of both Parties.
2. ODOT may terminate 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:
7
Agreement No. 24,745
City of Tigard
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 perforin 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 (21) 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.
3. Either Party may terminate this Agreement upon delivery of written notice to the other under
the following conditions.
a. If either Party fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow such Party, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
b. 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 either
Party is prohibited from paying for such work from the planned funding source.
4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to tennination.
5. If CITY fails to maintain facilities in accordance with the terms of this Agreement, ODOT, at
its option, may maintain the facility and bill CITY, seek an injunction to enforce the duties
and obligations of this Agreement or take any other action allowed by law.
6. 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.
7. 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 teens 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 either party to enforce any provision of this Agreement shall not
constitute a waiver by such party of that or any other provision.
8
Agreement No. 24,745
City of Tigard
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read
this Agreement, understands it, and agrees to be bound by its terms and conditions.
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 1, in which authority is delegated to the Deputy Director,
Highways to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or to other system plans
approved by the Oregon Transportation Commission such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial budget approved by the Director.
SIGNATURE PAGE TO FOLLOW
9
Agreement No. 24,745
City of Tigard
CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through
officials its Department of Transportation
_� inn "Director,
BYl/�l/1 L Llel �/I o `//` Y�'�J By
�'rCty Manager D Highways
Date V/ 2 7 l 06�1 Date n Mot
of
APPROVED AS TOLEGALSUFFICIENCY APPROVAL RECOMMENDED
11
By �� U �'.C.� By
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City Attorney Regio 1 Manager
Date -7/ koo'3r-
61D
Date q)a(Q � 0$
By J \�\
District 2A Manager
Date
By
Technical Services Manager/Chief Engineer
(� Date ��7
APPROVED AS TO LEGAL
SUFFICIENCY
By N/A-
ODOT Legal Counsel
Date
10
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