ODOT - SW Hall Blvd Rectangular Rapid Flashing Beacon Misc. Contracts and Agreements
No. 31673
INTERGOVERNMENTAL AGREEMENT
SW Hall Boulevard: Rectangular Rapid Flashing Beacon
City of Tigard
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,"
or "ODOT," and the CITY OF TIGARD, acting by and through its elected officials,
hereinafter referred to as "Agency," both herein referred to individually or collectively as
"Party" or"Parties."
RECITALS
1. 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.
2. Beaverton-Tualatin Highway No. 141 , also known as SW Hall Boulevard in the City
of Tigard, is a part of the state highway system under the jurisdiction and control of
the Oregon Transportation Commission (OTC).
3. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
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 State replacing an existing
crosswalk with a new crosswalk, a Rectangular Rapid Flashing Beacon and a center
median island on SW Hall Boulevard approximately 350 feet north of the
intersection of 99W (Pacific Highway No. 091), hereinafter referred to as "Project."
The Project includes striping, signing, the installation of a median island, and curb
ramp improvements. 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 $150,000 in State funds. The
estimate for the total Project cost is subject to change. State will pay for any Project
costs beyond the estimate.
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Agreement No. 31673
3. Consistent with the 2002 Policy Statement for Cooperative Traffic Control Projects,
Agreement 19719, between State and the agencies belonging to the Association of
Oregon Counties (AOC) or the League of Oregon Cities (LOC), State and Agency
shall each be responsible for fifty percent (50%) percent of the cost for
maintenance, operation and electricity for the signal equipment. State shall perform
the maintenance and be responsible for payment for signal power to the power
company. The power company shall send power bills directly to State. State shall
annually bill Agency for their fifty percent (50%) of the combined maintenance,
operations, and electricity for the Project.
4. 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 if applicable) 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 both Parties.
AGENCY OBLIGATIONS
1. Upon completion of the Project, pursuant to Terms of Agreement Paragraph 3,
Agency will reimburse State for fifty (50) percent of maintenance and power costs
for the RRFB signal on an annual basis.
2. Agency grants State the authority to enter upon Agency right of way for the
performance of this Project.
3. Agency certifies and represents that the individual(s) signing this Agreement has
been authorized to enter into and execute this Agreement on behalf of Agency,
under the direction or approval of its governing body, commission, board, officers,
members or representatives, and to legally bind Agency.
4. Agency's Project Manager for this Project is Brian Rager, Public Works Director,
13125 SW Hall Boulevard, Tigard, OR, 97223, 503-718-2471, brianr@tigard-or.gov,
or assigned designee upon individual's absence. Agency shall notify the other Party
in writing of any contact information changes during the term of this Agreement.
STATE OBLIGATIONS
1. State shall design and construct the Project. State shall be responsible for paying all
costs associated with construction and installation of the Project.
2. State shall, upon signal turn on and proper operation, perform all necessary
maintenance of said traffic signals, control the timing established for operation of the
traffic signals and pay for maintenance and power costs for the traffic signals. State
will invoice Agency for 50 percent of the costs of maintenance and power.
Agency/State
Agreement No. 31673
3. State, or its consultant, 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 highway
Project; identify and obtain all required permits; 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, provide technical inspection, project management
services and other necessary functions for sole administration of the construction
contract entered into for this Project.
4. State shall:
a. Utilize ODOT standards to assess and ensure Project compliance with the
Americans with Disabilities Act of 1990 (ADA), including ensuring that all sidewalks,
curb ramps, and pedestrian-activated signals meet current ODOT Highway Design
Manual standards;
b. Follow ODOT's processes for design, modification, upgrade, or construction of
sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT
Highway Design Manual, ODOT Design Exception process, ODOT Standard
Drawings, ODOT Construction Specifications, providing a temporary pedestrian
accessible route plan and current ODOT Curb Ramp Inspection form;
c. At Project completion, send an ODOT Curb Ramp Inspection Form 734-5020 to
the address on the form as well as to State's Project Manager for each curb ramp
constructed, modified, upgraded, or improved as part of the Project. The completed
form is the documentation required to show that each curb ramp meets ODOT
standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and
instructions are available at the following address:
http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Pages/HwyConstForms1.asp
X.
5. State shall be responsible for illumination, striping, signing, inspection, turn-on and
signal timing.
6. State's Project Manager for this Project is Nicole Peirce, Project Leader, 123 NW
Flanders St., Portland, OR 97209, 503-731-3289, Nicole.m.peirce@odot.state.or.us,
or assigned designee upon individual's absence. State shall notify the other Party 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 both Parties.
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Agreement No. 31673
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:
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 ten (10) days or such longer period as State may authorize.
c. 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.
d. 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
or Agency 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 Agency (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 Agency in such
proportion as is appropriate to reflect the relative fault of State on the one hand and
of Agency 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 Agency
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
Agency/State
Agreement No. 31673
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 Agency is jointly liable with State (or
would be if joined in the Third Party Claim), Agency 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 Agency on the one hand
and of State 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 Agency 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. Agency'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. 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.
9. 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.
SIGNATURE PAGE TO FOLLOW
Agency/State
Agreement No. 31673
CITY OF TIGARD,by and through its STATE OF OREGON, by and through
elected officiaalls,,_/ its Department of Transportation
By
,14
Date Region 1 Manager
By
Date 7-2` -2-(117
Date App R O -
LEGAL APPROVAL B
State Tra ay Engin r
Counsel
By— � ,�. bate 7 !/
Date__ T)9 � ► 7- By -
Distri Manager
Agency Contact; Date -11-7 'i 7
Brian Rager
13125 SW Hall Boulevard
Tigard, OR 97223
503-718-7471 APPROVED AS TO LEGAL
brienr@tigard-or,gov SUFFICIENCY
By_ft�� 5Hj&XkL_
State Contact: Assistant Attorney General
Nicole Peirce
123 NW Flanders St. Date
Portland, OR 97209
503-731-3289
Nicole,m.peirce@odot.state.or.us,
Agency/State
Agreement No. 31673
EXHIBIT A— Project Location Map
PEDESTRIAN CROSSING
OR141 : RRFB INSTALLATION NORTH OF OR99W
HIGHWAY NO. 141
WASHINGTON COUNTY
JANUARY 2017
TION OF PROJECT f
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