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ODOT - 28161 99W/Gaarde/McDonald Improvements County/City/State Agreement No. 28161-02 TERMS OF AGREEMENT, Paragraph 13, shall be added as follows: _.1.3-The-Parties-agree..that the City's..additionalcontri.bution..of..$.1.,10..0,QOO.,..p.r_ovided_as of_... this Amendment No. 2, shall be applied to Project costs after all previously agreed to Federal and County contributions and after the City's original $1,500,000 contribution. In the event the Project costs do not exceed the expected total Project financing cost of $10,944,630, the City shall be refunded any remaining City funds in excess of its original $1,500,000 contribution. CITY OBLIGATIONS, Paragraph 11, Page 7, which reads: 11. City's Project Manager for this Project is Michael Stone, City Engineer, 13125 SW Hall Blvd, Tigard OR 97223, 503-718-2759, mstone@tigard-or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Shall be deleted in its entirety and replaced with the following: 11. City's Project Manager for this Project is Mike McCarthy, Senior Project Engineer, 13125 SW Hall Blvd, Tigard OR 97223, 503-718-2462, mikem@tigard-or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact Information changes during the term of this Agreement. This Amendment 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 Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2012-2015 Statewide Transportation Improvement Program, (Key #16968) that was adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). Signature Page to Follow 2 i Mar. 12. 2015 3:23PM No.4950 P, 1/1, • � . Qo���ly101[ylt�take OITY OF TMARD,by and through Its UTA70 OF OREGON,by-811d(irfough eteoted offlolols Ile D n riunt of Trehopugallmi ' 13y �yy Hlgh �y ivfslon AdminNIMtor Vote. ..._ APPROVED AS T.0LEQAL SUFFIDIENCY Date, Ll 2 E APPROVAL,RNOOMMMI) BY - Oft 00%6Q Laato_ ,.. ,• ,- �, ..� Region Mnnaac at DOW. / WABHIN77TON OOUN 1!,by gild thiabgh Ito Doan tlounty Cotrmieelafrere r _ j�} ertDavis APPAOM q AS'r0 MAL BupFI011��1CY ' ' y t'�`"Caun A�minls�ra�or �y' ; tflte�; AsultEintAttnmay Oette►ai APPROV90 AS TO LROAL 86PNOIPNGY 'halo l-2 2©/)�` BY ,..,,....,, stela Cnifl t4 Goun counoa f Matihow Frrahm RM, 120 NW1716nders 61, IM0 .119aLoa Portland,OR 07209 • matthew,d.f;eflalj(t�odaLetato.or.ua Mlk, PIE. 1310 SW Hull f1milavard 'rf erd,Ota 97223 8�8�7•it3 24t1'� • fllilkarit�titlartt•ar.gov , Gaarystoak o ,OPM. 1400 OW Walnut fit,,MS 1$ • I.1111gbara,'O12Q7923�€142� • ;� titS;3i1��7L3�4 Qniy.�taokt�nif�nn.►vnghlrtgtcrn.ar.us Ma r, 12. 2015 3;23PM No. 4950 P. 1/1 County/Cltyffitate Agreement No. 26161-02 CITY OF TfOARD, by and through its STATE OF OREGON, by and through .......Its-Department of Transportation-- By ransportation-By By _ Highway Division Administrator Date Date t APPPIOVED Ap TL SUFFICIENCY _ ., APPROVAI, RECOMMENDED Olt:y cotartsei date }Log1 6y. ----- -..n. ._ Region 1 Munager Date WASHINGTQN COUNTY, by and through Its Board of County Gommissioners APPROVED A6 TO LEGAL SUFPIC18NCY Uy_ _ F�• ,_,_,_ Date AssistantAttomay General ED APPROVAS TO LtGAL SU / SUFFICIENCY pate-_ 3 /� 45— By St a Contact: Courtly Gcrunael Matthew Freitag, P.M. 123 NW FlOndere $t , Date .... Portland, OR 07209 509-79'1-4851 matthew,d,frellagCNodot.stato,t,r,us City Contact: Mire McCarthy, P.E, 13126 SW Hall Boulevard Tigard, OR 07223 503.7182462 mikem@tigard-or.gov Gaunty.Q21AR Gary Stockhoff, CPM 1400 SW Walnut St., M5 10 Hillsboro, OR 97123-5625 503846-7820 Oary.Stoe,kitoff@x ao.washington.or.tis County/City/State Agreement No. 28161-02 REVISED EXHIBIT A-1(V2) PROJECT DESCRIPTION City of Tigard ................. ...........11.......... --Wash ington__C.ounty_____ —------- OR 99W: Gaarde/McDonald Intersection Improvements The City of Tigard proposed, and the Oregon Transportation Commission has endorsed a Federal Transportation Reauthorization Request to improve safety and capacity of this heavily congested intersection of Highway 99W. Considering the fact that the new arterials, proposed for addressing traffic demand from 99W to 1-5 are likely a number of years away, it is important that the existing route function as safely and efficiently as possible. The planned improvement include improved bicycle, pedestrian and transit connections, access management, improved capacity and additional turn-lanes. Project Cost Estimate Project Financing Preliminary engineering City Contribution $2,600,000 & design $1,850,000 County Contribution $4,400,000 Right of way purchase $3,565,000 STP (including match) $3,000,000 Construction $5,500,000 OTIA $ 944,630 Total $10,916,000 Total $10,944,630 4 Misc. Contracts and Agreements No. 28161 AMENDMENT NUMBER 01 COOPERATIVE IMPROVEMENT AGREEMENT 2003 OREGON TRANSPORTATION INVESTMENT ACT MODERNIZATION and SURFACE TRANSPORTATION PROGRAM — Urban OR 99W: Gaarde/McDonald Intersection Improvements The STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;` and Washington County, acting by and through its Board of County Commissioners, hereinafter referred to as "County," and the City of Tigard, Acting by and through its elected officials, hereinafter referred to as "City," all herein referred to individually or collectively as "Party" or `Parties," entered into an Agreement on April 10, 2013. Said Agreement covers the modernization and intersection improvements to OR 99W at SW Gaarde Street and SW McDonald Street. It has now been determined by Parties that the Agreement referenced above shall be amended to add additional funding being provided by the City, clarify maintenance duties upon construction completion and reference Utility Agreement for waterline work. Except as expressly amended below, all other terms and conditions of the Agreement are still in full force and effect. Exhibit A shall be deleted in its entirety and replaced with the attached Revised Exhibit A. All references to "Exhibit A" shall hereinafter be referred to as "Revised Exhibit A." TERMS OF AGREEMENT, Paragraph 2, Page 3, which reads: 2. The Project is estimated to cost $9,444,630. Due to the uncertainty of cost estimates, the Parties agree to finance the Project at $9,450,000. Funding will come from the following funding sources: $944,630 from the 2003 OTIA Modernization Program: $3,000,000 from the Surface Transportation Program: $1,500,000 from City and up to $4,000,000 from County funds. The estimate for the total Project cost is subject to change. City shall be responsible for any nonparticipating costs, and Project costs beyond the State, County, and federal money that is being contributed pursuant to paragraphs 3 and 4 below. Shall be deleted in its entirety and replaced with the following: 2. The Project is estimated to cost $9,840,000. Due to the uncertainty of cost estimates, the Parties agree to finance the Project at $9,850,000. Funding will come from the following funding sources: $944,630 from the 2003 OTIA Modernization Program: $3,000,000 from the Surface Transportation Program: $1,500,000 from City and up to $4,400,000 from County funds. The estimate for the total Project cost is subject to change. City shall be responsible for any nonparticipating costs, and Project costs beyond the State, County, and federal money that is being contributed pursuant to paragraphs 3 and 4 below. Key. No. 16968 County/City/State Agreement No. 28161-01 TERMS OF AGREEMENT, Paragraph 3, Page 3, which reads: 3. County agrees to contribute up to $4,000,00 of County funds in two or more separate deposits, subject to full contribution of State, Federal, and City funds. County has no other obligations under this Agreement, other than contribution of County funds to State for Project puposes. County funds may only be applied to the following: a. Performance of preliminary engineering, construction engineering, and right of way work for the Project (up to $2,000,000). b. Project construction costs (up to $2,000,000). Shall be deleted in its entirety and replaced with the following: 3. County agrees to contribute up to $4,400,00 of County funds in two or more separate deposits, subject to full contribution of State, Federal, and City funds. County has no other obligations under this Agreement, other than contribution of County funds to State for Project puposes. County funds may only be applied to the following: a. Performance of preliminary engineering, construction engineering, and right of way work for the Project (up to $2,000,000). b. Project construction costs (up to $2,400,000). TERMS OF AGREEMENT, Paragraph 4, Page 3, which reads: 4. Upon completion of Plans, Specifications, and Estimate (PS&E) review by State Region 1 staff, State shall determine the estimated Project construction cost. State shall next determine the amount of federal, state, and city funds available for project construction, and the amount of County funds that, when combined with other available funds, would be required to complete construction. County's deposits will not exceed a total of $4,000,000 and will only be used in the amounts and for the purposes specified to complete Project items listed in TERMS OF AGREEEMNT, Paragraphs 3a-3b above. County will have an opportunity to review the estimate in advance of depositing any additional funds on top of the initial deposit as per COUNTY OBLIGATIONS Paragraph 1. Shall be deleted in its entirety and replaced with the following: 2 County/City/State Agreement No. 28161-01 4. Upon completion of Plans, Specifications, and Estimate (PS&E) review by State Region 1 staff, State shall determine the estimated Project construction cost. State shall next determine the amount of federal, state, and city funds available for project construction, and the amount of County funds that, when combined with other available funds, would be required to complete construction. County's deposits will not exceed a total of $4,400,000 and will only be used in the amounts and for the purposes specified to complete Project items listed in TERMS OF AGREEEMNT, Paragraphs 3a-3b above. County will have an opportunity to review the estimate in advance of depositing any additional funds on top of the initial deposit as per COUNTY OBLIGATIONS Paragraph 1. Insert new TERMS OF AGREEMENT, Paragraph 13, to read as follows: 13. The Project will include the construction of a City owned water line across OR 99W. The cost of construction of the water line shall be ($400,000) paid by the City and is in addition to the City's financial contribution described in Paragraph 2 of this Agreement. The water line work shall be further described under separate Utility Agreement No. 30,212. STATE OBLIGATIONS, Paragraph 4, Page 5, which reads: 4. State shall, upon execution of this Agreement, forward to County a letter of request for an advance deposit to be made to the County's LGIP along with permission and account information for State to draw from the County LGIP account. The first advance deposit shall be in the amount of $2,000,000. State shall use these funds solely for preliminary engineering and construction engineering. Upon State determination that the Project is ready for construction bidding, State may request additional deposits from County for Project construction costs, in an amount determined under Terms of Agreement Paragraph 4. Any State request for funds shall be accompanied by an itemized statement of Project expenditures and an estimated cost to complete Project. County's contribution for all Project tasks will not exceed $4,000,000. Any unused County funds left at the end of the Project will be refunded to the County. Shall be deleted in its entirety and replaced with the following: 4. State shall, upon execution of this Agreement, forward to County a letter of request for an advance deposit to be made to the County's LGIP along with permission and account information for State to draw from the County LGIP account. The first advance deposit shall be in the amount of $2,000,000. State shall use these funds solely for preliminary engineering and construction engineering. Upon State determination that the Project is ready for construction bidding, State may request 3 County/City/State Agreement No. 28161-01 additional deposits from County for Project construction costs, in an amount determined under Terms of Agreement Paragraph 4. Any State request for funds shall be accompanied by an itemized statement of Project expenditures and an estimated cost to complete Project. County's contribution for all Project tasks will not exceed $4,400,000. Any unused County funds left at the end of the Project will be refunded to the County. Insert new CITY OBLIGATIONS, Paragraph 8, to read as follows: 8. City shall be responsible for paying for water line work, which is estimated to be $400,000 and is in addition to the City's financial contribution described in Paragraph 2 of this Agreement. The water line work shall be further described under separate Utility Agreement No. 30,212. CITY OBLIGATIONS, Paragraphs 8 through 11, shall be hereinafter re-numbered as Paragraphs 9 through 12. CITY OBLIGATIONS, Paragraph 11, Page 7, which reads: 11. City's Project Manager for this Project is Michael Stone, City Engineer, 13125 SW Hall Blvd, Tigard OR 97223, 503-718-2759, mstone@tigard-or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Shall be deleted in its entirety and replaced with the following: 12. City's Project Manager for this Project is Steve Schalk, Contract Project Manager, 13125 SW Hall Blvd, Tigard OR 97223, 503-718-2470, steves@tigard-or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of any contact information changes during the term of this Agreement. This Amendment 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 Amendment so executed shall constitute an original. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2012-2015 Statewide Transportation Improvement Program, (Key #16968) that was adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). 4 Couril,01y/State Agreement No. 28161-01 CITY OF TIGARD,by and through Its elected STATE OF OREGON,by and through officialsts' eDep t of Transportation By Awayvision Administrator Date Date 101 24 a APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By City Counsel By 1) Date Region 1 Manager bate —������ WASHINGTON COUNTY, by and through Its Board of County Commissioners APPROVED AS TO LEGAL SUFFICIENCY By ByQ, / r Assistant Attorney General Data Date: ( � 7 /.2 D(z1 APPROVED AS TO LEGAL SUFFICIENCY By County Counsel Date City Contact: State Contact: Steve Schalk,CPM Matthew Freitag,Project Manager 13125 SW Hall Boulevard 123 NW Flanders St Tigard,OR 97223 Portland OR 97209 603-718-2470 503-731-4851 steves@tigard-or.gov matthew.d.freltag@odot.state,or,us County Contact: Gary Stockhoff,CPM 1400 SW Walnut St., MS 18 Hillsboro, OR 97123.5625 603-846-7820 Gary.Stocichoff@co.washington.or.us 5 County/City/State Agreement No. 28161-01 CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By Date /0' jHighway Division Administrator Date APPROVED AS TO WGAL SUFFICIENCY By APPROVAL RECOMMENDED City Counse t B DateI0f I ( Region 1 Manager Date WASHINGTON COUNTY, by and through its Board of County Commissioners APPROVED AS TO LEGAL SUFFICIENCY By By Assistant Attorney General Date Date: APPROVED AS TO LEGAL SUFFICIENCY By County Counsel Date City Contact: State Contact: Steve Schalk, CPM Matthew Freitag, Project Manager 13125 SW Hall Boulevard 123 NW Flanders St Tigard, OR 97223 Portland OR 97209 503-718-2470 503-731-4851 steves@tigard-or.gov matthew.d.freitag@odot.state.or.us County Contact: Gary Stockhoff, CPM 1400 SW Walnut St., MS 18 Hillsboro, OR 97123-5625 503-846-7820 Gary.Stockhoff@co.washington,or.us 5 County/City/State Agreement No. 28161-01 CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By City Counsel By Date Region 1 Manager Date WASHINGTON COUNTY, by and through its Board of County Commissioners APPROVED AS TO LEGAL SUFFICIENCY By�� By Assistant Attorney General Date q (0_/y Date: APPROVED AS TO LEGAL SUFFICIENCY By0C) ��__, County Counsel Date 1212.014 City Contact: State Contact: Steve Schalk, CPM Matthew Freitag, Project Manager 13125 SW Hall Boulevard 123 NW Flanders St Tigard,OR 97223 Portland OR 97209 503-718-2470 503-731-4851 steves@tigard-or.gov matthew.d.freitag@odot.state.or.us County Contact: Gary Stockhoff, CPM 1400 SW Walnut St.,MS 18 APPROVED WASHINGTON COUNTY Hillsboro, OR 97123-5625 ROARD OF COMMISSIONERS 503-846-7820 Gary.Stockhoff@co.washington.or.us MINUTE ORDER It ....... ......... DATE.................................. . :. sy clirm OFjTHA*R1 5 County/City/State Agreement No. 28161-01 REVISED EXHIBIT A-1 PROJECT DESCRIPTION City of Tigard Washington County OR 99W: Gaarde/McDonald Intersection Improvements The City of Tigard proposed, and the Oregon Transportation Commission has endorsed a Federal Transportation Reauthorization Request to improve safety and capacity of this heavily congested intersection of Highway 99W. Considering the fact that the new arterials proposed for addressing traffic demand from 99W to 1-5 are likely a number of years away, it is important that the existing route function as safely and efficiently as possible. The planned improvement include improved bicycle, pedestrian and transit connections, access management, improved capacity and additional turn-lanes. Project Cost Estimate Project Financing Preliminary engineering City Contribution $1,500,000 & design $1,500,000 County Contribution $4,400,000 Right of way purchase $3,800,000 STP (including match) $3,000,000 Construction $4,500.000 OTIA $ 944,630 Total $9,800,000 Total $9,844,630 6 Misc. Contracts & Agreements No. 28161 COOPERATIVE IMPROVEMENT AGREEMENT 2003 OREGON TRANSPORTATION INVESTMENT ACT MODERNIZATION and SURFACE TRANSPORTATION PROGRAM — Urban OR 99W: Gaarde/McDonald 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 "State," Washington County, acting by and through its Board of County Commissioners, hereinafter referred to as "County," and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "City," all herein referred to individually or collectively as "Party" or"Parties." RECITALS 1. OR 99W (Pacific Highway West) is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). SW Gaarde and SW McDonald streets are a part of the city street system under the jurisdiction and control of City. 2. By the authority granted in Oregon Revised Statutes (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. 3. State, by ORS 366.220, is vested with complete jurisdiction and control over the roadways of other jurisdictions taken for state highway purposes. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibility for and jurisdiction over all other portions of a city street remains with the City. 4. By the authority granted in ORS 810.080 State has the authority to establish marked pedestrian crosswalks on its highway facilities. 5. By the authority granted in ORS 810.210, State 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 State 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 State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications. 6. By the authority granted in ORS 366.425, State 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 State. When said money or a letter of credit is deposited, State shall proceed with the Key No. 16968 County/City/State Agreement No. 28161 Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 7. The 2003 Oregon Transportation Investment Act Program (OTIA), hereinafter referred to as the "2003 OTIA Modernization Program", provides funding for modernization projects chosen by the Oregon Transportation Commission. 8. In August 2005, the Oregon Transportation Commission approved the projects to be funded under the 2003 OTIA Modernization Program as part of the 2006-2009 Statewide Transportation Improvement Program (STIP) development process. The I- 5 OR 99W Tualatin-Sherwood Connector project was included in said STIP, but that project has now been canceled, and a portion of that approved OTIA funding, in the amount of $1,000,000, has been applied to the OR 99W: Gaarde/McDonald Intersection Improvements Project, as described in Exhibit A, attached hereto and by this reference made a part hereof. 9. On June 25, 2010, State and City entered into Intergovernmental Agreement No. 26,629 to conduct a Joint Planning Study for the 99W/SW Gaarde Street SW McDonald Street Intersection. Any unused OTIA funds remaining from planning phase shall be moved to the design and right of way phase under this Agreement. The anticipated amount of remaining OTIA funds is $944,630. 10.State and City entered into Cooperative Improvement Agreement No. 10,688 on June 28, 1991 that covers maintenance responsibilities for the same project area as this Agreement. Agreement No. 10,688 is hereby superseded and shall be considered null and void. All maintenance responsibilities covering the project area shall be governed by this Agreement. 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, the Parties agree to State's modernization and intersection improvements to OR 99W at SW Gaarde Street and SW McDonald Street, hereinafter referred to as "Project". A Project description, budget and 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. The Project may include, but is not limited to, the following elements: a. Replacing the signal at the intersection of OR 99W and SW Gaarde Street and SW McDonald Street; b. Widening OR 99W within the project limits; c. Widening SW Gaarde and SW McDonald streets within the project limits; 2 County/City/State Agreement No. 28161 d. Purchasing right of way sufficient to accommodate the widened streets; and e. Modifying, combining, and removing accesses within the project limits. 2. The Project is estimated to cost $9,444,630. Due to the uncertainty of cost estimates, the Parties agree to finance the Project at $9,450,000. Funding will come from the following funding sources: $944,630 from the 2003 OTIA Modernization Program; $3,000,000 from the Surface Transportation Program; $1,500,000 from City and up to $4,000,000 from County funds. The estimate for the total Project cost is subject to change. City shall be responsible for any nonparticipating costs, and Project costs beyond the State, County, and federal money that is being contributed pursuant to paragraphs 3 and 4 below. 3. County agrees to contribute up to $4,000,000 of County funds in two or more separate deposits, subject to full contribution of State, Federal, and City funds. County has no other obligations under this Agreement, other than contribution of County funds to State for Project purposes. County funds may only be applied to the following: a. Performance of preliminary engineering, construction engineering, and right of way work for the Project (up to $2,000,000). b. Project construction costs (up to $2,000,000). 4. Upon completion of Plans, Specifications, and Estimate (PS&E) review by State Region 1 staff, State shall determine the estimated Project construction cost. State shall next determine the amount of federal, state, and city funds available for project construction, and the amount of County funds that, when combined with other available funds, would be required to complete construction. County's deposits will not exceed a total of $4,000,000 and will only be used in the amounts and for the purposes specified to complete Project items listed in TERMS OF AGREEMENT, Paragraphs 3a — 3b above. County will have an opportunity to review the estimate in advance of depositing any additional funds on top of the initial deposit as per COUNTY OBLIGATIONS Paragraph 1. 5. Part of this Project will be funded with 2003 OTIA Modernization Program funds in the amount of $1,000,000. The remaining 2003 OTIA Modernization Program funds which are estimated to be $944,630, after completion of Planning Phase (see Intergovernmental Agreement No. 26,629), are to be used for the preliminary engineering and right of way phases. 6. Part of this Project will be funded with Federal-Aid Surface Transportation Program (STP) Program funds under Title 23, United States Code. STP urban funds for this Project will be limited to $3,000,000. The Project will be financed with STP funds at the maximum allowable federal participation amount, with City funds providing the match amount of $343,363 and any non-participating amount, including all costs in 3 County/City/State Agreement No. 28161 excess of the available federal funds. STP funds are available for all phases of this Project. 7. The federal funding for this Project is contingent upon approval by the Federal Highway Administration (FHWA). Any work performed outside the scope of work will be considered nonparticipating and paid for at City expense. 8. State considers City a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 9. The funds available under the 2003 OTIA Modernization Program are State Highway Funds. To be eligible for reimbursement under the 2003 OTIA Modernization Program, expenditures must comply with the requirements of Article IX, Section 3a of the Oregon Constitution. 10.City and State have a joint obligation to ensure timely expenditure of 2003 OTIA Modernization Program monies and to comply with the provisions of the bonds that finance the 2003 OTIA Modernization Program. 11.If Project costs are to exceed the available funding at Plans, Specifications, and Estimate (PS&E), State and City agree to decide how to reduce the Project scope to stay in budget, or come up with additional funds and amend the Agreement accordingly. Outstanding scope or budget issues must be resolved prior to submittal of PS&E to Salem or Project will be pulled from the bid letting schedule. 12.This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance 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 ten (10) calendar years following the date of final execution of this Agreement by all Parties. STATE OBLIGATIONS 1. State, or its consultant, in collaboration with the City, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required local, state, and federal studies and permits; acquire all necessary easements and right of way; arrange for all utility relocations; perform or acquire all access modifications; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, and provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 4 County/City/State Agreement No. 28161 2. State shall, upon execution of this Agreement, forward to City a letter of request for an advance deposit to be made to the City's Local Government Investment Pool (LGIP) along with permission and account information for State to draw from the City's LGIP account. The first advance deposit shall be in the amount of $250,000. ; Requests for additional deposits for other authorized activities shall be accompanied by an itemized statement of expenditures and an estimated cost to complete Project. 3. State shall, as withdrawals are made from the City's LGIP, provide monthly detailed accounting statements .to the City. Said withdrawals shall not exceed the City's monthly share of expenses described in this Agreement. 4. State shall, upon execution of this Agreement, forward to County a letter of request for an advance deposit to be made to the County's LGIP along with permission and account information for State to draw from the County's LGIP account. The first advance deposit shall be in the amount of $2,000,000. State shall use these funds solely :for preliminary engineering and construction engineering. Upon State determination that the Project is ready for construction bidding, State may request additional deposits from County for Project construction costs, in an amount determined under Terms of Agreement Paragraph 4. Any State request for funds shall be accompanied by an itemized statement of Project expenditures and an estimated cost to complete Project. County's contribution for all Project tasks will not exceed $4,000,000. Any unused County funds left at the end of the Project will be refunded to the County. 5. Upon completion of the Project, State shall either send to City a bill for the amount which, when added to City's advance deposit(s), will equal 100 percent of the total cost for City's share of the Project or State will refund to City any portion of said advance deposit which is in excess of City's share of the actual cost for the Project. 6. The State, at its expense, shall continue to operate and maintain the signals at,-OR 99W. State and City shall concur on implementation and maintenance of system timing plans along OR 99W including City and State traffic signals, including allowing and maintaining communications systems between City and State traffic signals. 7. State agrees that the portions of land acquired by State for the construction of City street facilities shall be formally relinquished by deed to the City upon completion of the Project. If said land was acquired with any portion of State or federal funds, then said constructed facilities will be formally relinquished by deed to the City upon completion of the Project so long as used for the purposes that they were constructed. If for any reason said facilities are no longer used for the purposes that they were constructed, the land shall automatically revert back to State. 8. If Project related right of way is purchased by State utilizing City funds, State agrees (if not already purchased in the City's name) to relinquish any excess property to the City upon completion of the Project. If Project right of way is purchased utilizing joint funding, State agrees that any excess property be relinquished to the City so long as 5 County/City/State Agreement No. 28161 used for public roadway purposes. Any excess property obtained for the Project utilizing only State contributed funds shall remain in State's name. 9. State shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops installed in OR 99W streets in such a manner as to provide adequate protection for said detector loops. 10.State shall maintain the OR 99W roadway from curb to curb as well as any stormwater facilities located on State right of way adjacent to OR 99W. 11.State 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 for the portions of the Project which are on OR 99W. 12.All employers, including State and 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. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements. 13.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 the current biennial budget. 14.State's Project Manager for this Project is Matt Freitag, 123 NW Flanders Street, Portland, OR, 97209, 503-731-4851, matthew.d.freitag@odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. CITY OBLIGATIONS 1. City grants State, its contractors and subcontractors, the right to enter onto City right of way for the performance of duties as set forth in this Agreement. 2. City shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward an advance deposit to the City's LGIP along with permission and account information for State to draw from the City's LGIP account in the amount of $250,000 for the City's share of Project design costs. City agrees to make additional deposits for its share of other Project activities as needed upon receipt of a State request for additional deposits for construction or other authorized activities accompanied by an itemized statement of expenditures and an estimated cost to complete. 6 County/City/State Agreement No. 28161 3. Upon completion of the Project and receipt from State of an itemized statement of the actual total cost of Project costs, City shall pay any amount which, when added to City's advance deposit, will equal City's total costs for the Project as identified in this Agreement. Any portion of said advance deposit which is in excess of the City's : share of the total costs will be refunded or released to City. 4. City shall be responsible for 100 percent of power costs associated with all illumination installed as a part of this Project. City shall require the power company to send invoices directly to City. 5. City shall be responsible for and pay to the power company 100 percent of electricity costs for the signal equipment. City shall require the power company to send invoices directly to City. 6. City shall maintain the asphaltic concrete pavement surrounding the vehicle detector loops, installed in the city streets in such a manner as to provide adequate protection for said detector loops. City shall also properly maintain the pavement markings and signing installed on city streets as part of the Project 7. City will maintain all street lighting, landscaping features, and street trees added in between the curbs or in medians as a part of the Project. 8. 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. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements. 9. City, by execution of Agreement, gives its consent as required by ORS 373.030(2) and ORS 105.760 to any and all changes of grade within the City limits, and gives'its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Agreement. 10.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. 11.City's Project Manager for this Project is Michael Stone, City Engineer, 13125 SW Hall Blvd, Tigard OR 97223, 503-718-2759, mstone@tigard-or.gov, or assigned designee upon individual's absence. City shall notify the other Parties in writing of " any contact information changes during the term of this Agreement. COUNTY OBLIGATIONS 7 County/City/State Agreement No. 28161 1_ County shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward an advance deposit to the County's LGIP in the amount of$2,000,000 along with permission and account information for State to draw from the County's LGIP account. County agrees to make additional deposits up to $2,000,000 for Project costs, in the amounts and for the purposes specified in TERMS OF AGREEMENT Paragraphs 3a — 3b, up to a total contribution not to exceed $4,000,000 total as needed for authorized activities upon receipt of a State request for additional deposits accompanied by an itemized statement of Project expenditures to date and an estimated cost to complete including the contributions of all other Parties. 2. County certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance County stated funding obligations under this Agreement within County's current appropriation or limitation of its current biennial budget. 3. County certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of County, under the direction or approval of its governing body, commission, board officers, members or representatives, and to legally bind County. 4. County's Project Manager for this project is Gary Stockhoff, County Engineer, 1400 SW Walnut Street, MS 18, Hillsboro, OR 97123-5625, gary_stockhoff@co.washington.or.us, and 503-846-7820 or assigned designee upon individual's absence. County shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 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 City and County, or at such later date as may be established by State, under any of the following conditions: a. If City or County fail to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If City or County 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 with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If City or County fail to provide payment of its share of the cost of the Project. 8 County/City/State Agreement No. 28161 If State fails to receive funding, awrwriatinns, 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. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State, County, or City with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with City or County (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and.paid or payable by City or County in such proportion as is appropriate to reflect the relative fault of State on the one hand and of City or County on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of City or, County on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which City or County is jointly liable with State (or would be if joined in the Third Party Claim), City or County shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City or County on the one hand and of State on the other hand in connection with the events which 9 County/City/State Agreement No. 28161 resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of City or County on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's or County's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. If City fails to maintain facilities in accordance with the terms of this Agreement, State, 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. 9. 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. 10.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #16968 that was approved by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). SIGNATURE PAGE TO FOLLOW 10 County/City/State Agreement No. 28161 CITY OF TIGARD an,. rough its.' STATE OF OREGON, by and through elected offici its epa e t of Transportation By B Hig ay Division Administrator e I Date APPROVED AS TO LEGAL SUFFICIENCY - APPROVAL RECOMMENDED Voun�se�l - L/ � By By By Right of Way Manager Date 2 • G Z ( 3 Date Washington County, by and through its By Board of County Commissioners Region 1 Manager By Date Date By State Traffic Engineer APPROVED AS TO LEGAL SUFFICIENCY Date By By County Counsel Region 1 Right of Way Manager Date Date By City Contact: District 2B Manager Michael Stone, City Engineer 13125 SW Hall Blvd Date Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2759 SUFFICIENCY mstone@tigard-or.gov County Contact: By Assistant Attorney General Gary Stockhoff County Engineer Date 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 State Contact: 503-846-7820 Matt Freitag gary_stockhoff@co.washington.or.us 123 NW Flanders Street Portland OR 97209 503-731-4851 matthew.d.freitag@odot.state.or.us 11 County/City/State Agreement No. 28161 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By . By Counsel State Right of Way Manager Date Date Washington County, by and through its By Board of County Commissioners Region 1 Manager Date By By Date State Traffic Engineer APPROVED AS TO LEGAL SUFFICIENCY Date By By Region 1 Right of Way Manager County Counsel Date Date By , ,� - City Contact: District 2B Ma ager Michael Stone, City Engineer Date } 13125 SW Hall Blvd Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2759 SUFFICIENCY mstone@tigard-or.gov By County Contact: Assistant Attorney General Gary Stockhoff County Engineer Date 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 State Contact: 503-846-7820 Matt Freitag gary_stockhoff@co.washington.or.us 123 NW Flanders Street Portland OR 97209 503-731-4851 matthew.d.freitag@odot.state.or,us 11 County/City/State Agreement No. 28161 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By BY Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By By Counsel State Right of Way Manager Date Date Washington County, by and through its By Board of County Com issioners Region 1 Manager BY e� Andy Lluy� ate By Date State Traffic Engineer APPROVED AS TO LEGAL SUFFICIENCY Date 1 BY- BY Region 1 Right of Way Manager Coun Couns I Date 3 Date By City Contact: District 2B Manager Michael Stone, City Engineer 13125 SW Hall Blvd Date Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2759 SUFFICIENCY mstone@tigard-or.gov ey County Contact: Assistant Attorney General Gary Stockhoff County Engineer Date 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 State Contact: 503-846-7820 Matt Freitag gary_stockhoff@co.washington.or.us 123 NW Flanders Street Portland OR 97209 APPROVED WASiiiN6iON COUNTY 503-731-4851 BOARD OF COMMISSIONERS matthew.d.freitag@odot.state.or.us m1mi'm1.3 - 11 -- CLE"Ur '13UARU _---- County/City/State Agreement No. 28161 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APP AL I COMMENDED By By L Counsel State Right of Way pager Date Date 419 A 3 Washington County, by and through its By Region 1 Manager Board of County Com�missioners By Date Date By State Traffic Engineer APPROVED AS TO LEGAL SUFFICIENCY Date By By A&M-M, Q rsUL� f,,q.tegidn 1 Right of Way Manager County Counsel Date Date By City Contact: District 2B Manager Michael Stone, City Engineer 13125 SW Hall Blvd Date Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2759 SUFFICIENCY mstone@tigard-or.gov B CountyContact: Assistant Attorney General Gary Stockhoff County Engineer Date 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 State Contact: 503-846-7820 Matt Freitag gary_.ptockhoff@co.washington.or.us 123 NW Flanders Street Portland OR 97209 503-731-4851 matthew.d.freltag@odot.state.or.us 11 �xs:c••:•a.ua+.vs..e ssA...www\J�iy{/•h..;_�•.e...a.1.el.w.l:w..e........:JarJ.Jwk:....u.Mt;...wY..lta...x.:lJi.d:J.,.4f3e1.'i:.:..+':ntii...�.........wa4e.L•da',;.iitJ..}•A..•.LS\t.._..n.L..—...\�.Sv.Lx..:-.s.>...axW:-=+':i•-.....t.61u.'.a.s...L... i I County/City/State Agreement No. 28161 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation ! I BY B Highway Division Administrator Date Date APPROVED AS TO LEGAL SUFFICIENCY APPROVAL RECOMMENDED By By Counsel State Right of Way Manager Date Date By Washington County, by and through its Regio anager Board of County Commissioners Dat By 11�f By Date State Tra/Ic ngineer APPROVED AS TO LEGAL SUFFICIENCY Date IIID ��i13 By By Region 1 Right of Way Manager County Counsel Date Date By City Contact: District 2B Manager Michael Stone, City Engineer pate 13125 SW Hall Blvd Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2759 SUFFICIENCY mstorne@tigard-or.gov BY County Contact: Assistant Attorney General Gary Stockhoff County Engineer Date 1400 SW Walnut Street, MS 18 Hillsboro, OR 97123-5625 State Contact: 503-846-7820 Matt Freitag gary_stocklioff@co.washington.or.us 123 NW Flanders Street Portland OR 97209 503-731-4851 matthew,d.freitag@odot.state.or.us 11 County/City/State Agreement No. 28161 EXHIBIT A PROJECT DESCRIPTION City of Tigard Washington County OR 99W: Gaarde/McDonald Intersection Improvements The City of Tigard proposed, and the Oregon Transportation Commission has endorsed, a Federal Transportation Reauthorization Request to improve safety and capacity of this heavily congested intersection of Highway 99W. Considering the fact that the new arterials proposed for addressing traffic demand from 99W to 1-5 are likely a number of years away, it is important that the existing route function as safely and efficiently as possible. The planned improvements include improved bicycle, pedestrian and transit connections, access management, improved capacity and additional turn- lanes. Project Cost Estimate Project Financing Preliminary engineering City Contribution $1,500,000 & design $1,300,000 Right of way purchase $3,000,000 County Contribution up to $4,000,000 Construction $4,800,000 Total $9,100,000 STP (including match) $3,000,000 OTIA $944,630 Y Total $9,444,630 12 County/City/State Agreement No. 28161 EXHIBIT A Project Location Map STIP PROJECT LOCATION i ODOT REGION 1 ti 2012 - 2015 STIP Morgen Ct. Denry Dell Ct 1 Tl 9 � � 99W e�''�S} Y Park St. qj m U O Cook Ln. Q N _La La Y Fairhaven SL Fairhaven St. Fairhaven Way $ ceip > Garden pve Vlewmount CL _ H&wiew St. I Park PI. �P Vwwnwunt Ln. Gaarde �cr St. a SL Cole Ln" q Washington Li < < County r e; tr Amanda CIL d3 .� Tigard G < QQ C' View Terr. view Terr. 1 Inez St. itd. f,AcHIN31n dolt < v G / i Murdock lir. o $ 9 Murdock SL 0 LEGEND OR99W GAARDE/MCDONALD �I ROJECTLOCATwN INTERSECTION IMPROVEMENTS -ATE FOGFIWAY CLASSIFICATION INTERSTATE KEY NO. 16968 STATEWIDE --------- REGIONAL I DISTRICT hi product.k ..o,,.i Pu.P4.e,-1 o 0.1 AMIes b—P..pr..a .,. «I. .."e�,�� I REGIONAL BOUNDARY •r+Gww*r.wV.w suveywig pu,pows.Users n ■tarmabn shuts revnr a aom A the pr,„-y d,[, PRODUCED 6YT-GIS Ll'2C 1 ______—__—_ COUNTY BOUNDARY (SO])oet3-dt.S.-OCOCT52 �c XW I.1r0.r1,..011 f0„11)..tl.fO.rUln the u.,0-1�'y GI$Np.23 ACT BOUNDARY w en.eormr,on. 13 City of Tigard ` RECORDS New Records Transmittal Department: PW/Engineering Division Code: 6250 Date: 4/10/13 Prepared by: Laura Barrie Extension: 2465 Dept. Box No. Description Dates Retention Code ODOT CIA#28161- 2003 Oregon Transportation 4/10/2013 to project 166-200-0135 Investment Act Modernization and Surface completion (4) (b) — 10 years after Transportation Program—Urban substantial completion OR 99W: Gaarde/McDonald Intersection Improvements ***TO BE COMPLETED BY RECORDS DIVISION STAFF Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date: I/Design and Communications/Records/New Records Transmittal—116/11