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ODOT - Hall Boulevard - Retaining Wall and Sidewalk Oregon Department of Transportation Y� on 1 g n Support Services Theodore R.Kulongoski,Governor Procurement Office ;859 455 Airport Rd. SE, Bldg. K Salem, OR 97301-5348 February 25, 2008 City of Tigard Attention: Duane Roberts Associate Planner 13125 Hall Blvd. Tigard, OR 97223 Dear Mr. Roberts, We have enclosed one original for your files of the fully executed Agreement#24663 for our upcoming project which covers Retaining Wall and Sidewalk on Hall Blvd. This Agreement has been signed by all parties. We have retained one signed original of the fully executed Agreement#24663 on file at the Oregon Department of Transportation. If you have any questions regarding this Agreement, please contact me at my e-mail address susan.c.herring@odot.state.or.us or at (503) 986-2731. Sincerely, 9 Susan Herring, Technical/Administrative Assistant ODOT Procurement Office Enclosure Misc. Contracts & Agreements No. 24663 WALKWAY/BIKEWAY PROJECT AGREEMENT 2008-2009 Pedestrian and Bicycle Program Grant Retaining Wall and Sidewalk 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," and CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency." RECITALS 1. Hall Boulevard is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 2. By the authority granted in ORS 366 514, funds received from the State Highway Trust Fund are to be expended by the State and the various counties and cities for the establishment of footpaths and bicycle trails. For purposes of Article IX, Section 3(a), of the Oregon Constitution, the establishment and maintenance of such footpaths and bicycle trails are for highway, road, and street purposes when constructed within the right of way. 3. By the authority granted in ORS 190.110, 366.572 and 366.576, State 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, State and Agency agree to design and construct a retaining wall and sidewalk, 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 Agency has determined that the actual total cost of the Project is estimated to be $406,407. State shall fund the Project in an amount not to exceed $270,566. Agency shall provide a match in the amount of $135,841 and shall be responsible for any portion of the Project which is not covered by State funding. 3. The work is to begin upon execution of this Agreement by all parties and be completed no later than October 31, 2010. This Agreement shall terminate upon completion of construction and final payment, or five (5) calendar years from date of Agency/State Agreement No. 24663 final signature, whichever is sooner, unless extended by a fully executed amendment. Maintenance responsibilities shall survive any termination of this Agreement. AGENCY OBLIGATIONS 1. Agency shall conduct the necessary field surveys, prepare plans and contract documents, advertise for bid proposals, award all contracts, and supervise construction of the Project. 2. Agency shall obtain a miscellaneous permit to occupy State right of way through the State District 2A Office prior to the commencement of construction. 3. Agency shall submit a copy of the plans and specifications to State through the State District 2A Office and the State's Bicycle and Pedestrian Program Manager for review and concurrence prior to advertising for a construction contract or prior to construction, if Agency forces will perform the construction work. Concurrence must be received from both State offices prior to proceeding with the Project. The Project design, signing, and marking shall be in conformance with the current Oregon Bicycle and Pedestrian Plan. 4. Agency shall not award a construction contract until State's District 2A representative has reviewed and approved the low bidder's proposal and costs. 5. Agency shall, upon completion of Project, submit to State Bicycle and Pedestrian Program Manager an itemized statement of the final actual total cost of the Project. 6. Agency represents that this Agreement is signed by personnel duly authorized to do so by Agency Council. 7. Agency 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 (2) incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency 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. 8. Agency shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining State's prior written approval. 9. Agency shall require its contractor to indemnify State and name State as a third party beneficiary of the resulting contract and shall carry at a minimum personal injury and property damage insurance with a single limit of $1,000,000 for all claims Agency/State Agreement No. 24663 arising out of a single accident or occurrence. Agency shall also ensure 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 than $2,000,000 when applicable. The contractor shall include Agency and State 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. Agency shall provide a copy of the certificate to State 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 30 days' prior written notice. 10.To the extent permitted by the Oregon Tort Claims Act and the Oregon Constitution, Agency shall indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, the Oregon Department of Transportation, their officers, agents, and employees from and against any and all claims, suits, actions, losses, damages, costs, expenses, and liabilities of any nature whatsoever resulting from, arising out of, or relating to the activities of Agency or its officers, employees, subcontractors, or agents under this Agreement. 11.Notwithstanding the foregoing defense obligations under the paragraph above, 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. 12.Agency shall be responsible for all costs not covered by State funding. State funding is limited to $270,566. 13.Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement, including without limitation, retirement system contributions, workers' compensation, unemployment taxes, and state and federal withholdings. 14.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 Agency/State Agreement No. 24663 ORS 656.126. Agency shall ensure that each of its subcontractors complies with these requirements. 15.Agency shall, upon completion of Project, maintain the Project at its own cost and expense and in a manner satisfactory to State. STATE OBLIGATIONS 1. State grants authority to Agency to enter upon State right of way for the construction and maintenance of this Project as provided for in miscellaneous permit to be issued by State District 2A Office. 2. State's local District Office and Bicycle and Pedestrian Program shall review and must concur in the plans prepared by Agency before the Project is advertised for a construction contract or before construction begins if Agency forces shall perform the work. State's Bicycle and Pedestrian Program office shall process all billings submitted by Agency. 3. Upon receipt of notification that the Agency is prepared to proceed with the development of Project, State shall provide to Agency an advance deposit in the sum of$135,283, such amount being equal to 50 percent of the State's share of the estimated Project costs. Upon completion of Project, inspection and approval by State staff, and receipt from Agency of an itemized statement of the actual total cost of the Project, State shall deposit with Agency a final payment, the sum of$135,283, such amount being equal to 50 percent of the State's share of the estimated Project costs. When added to the advance deposit, the final deposit will equal the State's share of the originally estimated cost of$406,407. Should final Project costs exceed the original estimate, extra costs shall be borne by Agency; the maximum amount of State reimbursement is $270,566. If final Project costs are less than original estimate, State shall deposit with Agency a final payment in an amount which, when added to the advance deposit, would equal the State's proportionate share of the originally estimated costs, based on a percentage calculated using State share and local match. 4. State certifies at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of current biennial budget. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of the parties. 2. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: s Agency/State Agreement No. 24663 a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency 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 State fails to correct such failures within 10 days or such longer period as State may authorize. c. If Agency fails 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. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. If any funds are remaining from the advance deposit, they shall be refunded to State. 4. State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this 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 State. 5. 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. 6. 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 State 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 a party to enforce any provision of this Agreement shall not constitute a waiver by a party of that or any other provision. Agency/State Agreement No. 24663 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. 3, Paragraph 12, which authorizes the Director and Deputy Director, Highways to approve and execute all agreements pertaining to OTC-approved local grant program agreements for bicycle and pedestrian projects. On July 7, 2005 the Director and Deputy Director, Highways approved Subdelegation Order No. 4, Paragraph 10, in which the Director and Deputy Director, Highways, delegates authority to the Technical Services Manager/Chief Engineer to approve and execute all agreements pertaining to OTC-approved local grant program agreements for bicycle and pedestrian projects. Signature Page to Follow Agency/State Agreement No. 24663 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Depernent of Transportation By �� ,� By V Technical Services Manager/Chief Title ���r Engineer Date Date Z" )) • �x By APPRO RECO NDED Title By I Bic cle/Pedestri n rogram Manager Date Date I/A. h -cS APPROVED AS TO LEGAL SUFFICIENCY By c / Reg"anag2r City Attorney Dat /silo Date f _2 O<6 By District 2A Manager Agency Contact: Date r Duane Roberts Associate Planner APPROVED AS TO LEGAL City of Tigard SUFFI NCY 13125 Hall Blvd Tigard, OR 97223 By -- 503-718-2444 Assistant Attorney General Date, /l L 5146 S UNIT PRICES 6/28/2006 HALL BOULEVARD SIDEWALK FROM BONITA ROAD TO 600 FEET NORTH ENGINEER'S ESTIMATE BID UNIT TOTAL DESCRIPTION QUANTITY UNIT PRICE AMOUNT DUST&EROSION/SEDIMENTATION CONTROL '*'*' L.S **"' $3,30000 CLEARING AND GRUBBING '*'** L.S "*" $10,00000 REMOVE EXIST GUARDRAIL ""' L.S **'** $5,00000 REMOVE EXIST SD ***** L.S *"'* $2,50000 REMOVE TREE 12 E.A. $45000 $5,400.00 RELOCATE SIGN 1 E.A. $10000 $100.00 RELOCATE ARBOR VITAE HEDGE 31 E.A. $75.00 $2,32500 REMOVE SIGN 2 E.A. $10000 $20000 REMOVE EXIST CURB 85 L.F $300 $25500 REMOVE EXIST AC BERM 90 L.F $2.00 $18000 REMOVE EXIST BOULDERS 2 E.A. $50000 $1,00000 REMOVE BOLLARD 1 E.A. $100.00 $100.00 SAWCUTTING 360 L.F $2.00 $720.00 RELOCATE MAILBOX-SINGLE SUPPORT 1 E.A. $25000 $25000 CONCRETE CURB-STANDARD 360 L.F $1000 $3,60000 CONCRETE SIDEWALK 3,375 S.F $400 $13,50000 DRIVEWAY APRON 800 SF $5.00 $4,00000 DRIVEWAY TRANSITION-AC 300 S.F $600 $1,80000 ROADWAY EXCAVATION 22 C Y $2500 $55000 ASPHALTIC CONCRETE 35 TONS $6000 $2,10000 BASEROCK(3/4"-0") 5 C Y $3000 $15000 BASEROCK(1-1/2"-0") 17 C Y $30.00 $510.00 SHOULDER ROCK 3 C Y $6000 $180.00 IMPORTED BORROW 835 C Y. $2500 $20,87500 STRUCTURAL EXCAVATION 33 C Y $2000 $660.00 RETAINING WALL(10'HIGH X 150'LONG) 1,500 SF $50 00 $75,00000 HAND RAIL 150 L.F $11000 $16,50000 ADJUST SD MANHOLE 1 E.A. $25000 $25000 CATCH BASIN-TYPE CG-3 2 E.A. $1,80000 $3,600.00 INSTALL CATCH BASIN OVER EXISTING PIPE 1 E.A. $3,00000 $3,00000 STRIPING 200 L.F $3.00 $60000 SUBTOTAL $178,205.00 HALL BOULEVARD SIDEWALK BONITA ROAD TO GREENSWARKD LANE 0 r � EXISTING CONDITION LAJ - - HALL- LVA- __ - - - - - - -- - - - -- - -- ----------------- co 4 or PROPOSED IMPRO VEMEN TS Q l Standard curb l l vii Curb & 2' — 360 LF, Drive woy / l l side walk W l / S dewolk ro LF / — 10 LFl ` Exist 200 LF sldr Wolk ---- -- ------------- --------- ---------------- ------ ------ I _ _HALL BLVD x1st SW rive oy aero Sidewalk — 16 LF7 tSidlel�wolk162LF 88 LF Dri`vewo Retaining wall Construction apron y 150 LF easement — 3000 SF — 16 LF SHEE T 1