ODOT, Tualatin - Bridgeport Maintenance Agreement BCC 08-1187 Agt. # 21894 Mise. Contracts & Agreements
No. 21,894
CONSTRUCTION MANAGEMENT/MAINTENANCE AGREEMENT
SW 72'.'d Avenue, Lower Boones Ferry Road, and SW Bridgeport Road
Washington County
City of Tualatin
City of Tigard
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, by
and through its Department of .Transportation, hereinafter refer-red to as "ODOT";
WASHINGTON COUNTY, acting by and through its Board of- Conunissioners, .hereinafter
referred to as "COUNTY"; the CITY OF TUALATIN, a political subdivision of the State of
Oregon, acting by and through its City Council, hereinafter referred to as "TUALATIN"; and the
CITY OF TIGARD, a political subdivision of the State of Oregon, acting by and through its City
Council,hereinafter referred to as "TIGARD".
RECITALS
1. Portions of SW Lower Boones Ferry Road are a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission. Pacific Highway
(Interstate 5, I-5) is also a part of the state highway system under the jurisdiction and
control of the Oregon Transportation Commission. SW Bridgeport Road and a portion of
SW 72"d Avenue are County roads under the jurisdiction and control of the COUNTY. A
portion of SW 72"d Avenue is a city street under the jurisdiction and control of TIGARD.
SW 65`x' Avenue/McEwan Road is a city street under the jurisdiction and control of
TUALATIN.
2. By the authority granted in ORS 190.110, 366.572, and 366.576, ODOT may enter into
cooperative agreements with the counties, cities, and units of local governments for the
perfoi7nance of work on certain types of improvement projects with the allocation of
costs on terins 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. ODOT and COUNTY entered into a Property Transfer Agreement No. 20860 dated March
12, 2004, for the purpose of transferring certain ODOT surplus property and operating right
of way in exchange for the County's agreement to assume ownership and maintenance
responsibility of certain road segments, and to convey to ODOT equivalent monetary value.
M.C. &A. NO. 21894
Washington Cou-nty
City of Tualatin
City of Tigard
The County's roadway improvement project in the vicinity of SW 72nd Avenue and Lower
Boones Ferry Road, and related roadway improvements required as a condition of a new
development called Bridgeport Village are hereinafter collectively referred to as the
"Project". With the execution of this Agreement, all obligations of said agreement No.
20860 have been satisfied and it shall cease to have any effect.
5. ODOT, COUNTY, and TUALATIN entered into Preliminary Engineering and Construction
Finance Agreement No. 7931 dated 'May 15, 1984 for the purpose of installing and
identifying maintenance and power costs associated with the traffic signals on Lower
Boones Ferry Road at the intersections of SW Bridgeport Road/SW 72nd Avenue, I-5 north
and south bound ramps, and SW Meridian which has since been renamed as SW
65°i/McEwan Road. This Agreement No. 21,894 shall supersede said previous agreement in
the area of maintenance and power-of said signals.
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 A GREEMENT
1. The purpose of this Agreement is to memorialize certain obligations surrounding the
construction and maintenance of the COUNTY's constructed Project. The Project includes:
reconstruction of the SW Lower Boones Ferry Road/SW Bridgeport Road/SW 72nd Avenue
intersection and the realignment of both SW 72nd Avenue and SW Lower Boones Ferry
Road to accommodate the new intersection. The Project also includes removal and
replacement. of the traffic signal at the SW Lower Boones Ferry Road/SW Bridgeport
Road/SW 72nd Avenue intersection; drainage work, illumination, and landscaping. The
Project limits and jurisdictional information are approximately as shown on the area map
attached hereto, marked Exhibit A, and by this reference made a part hereof.
2. 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.
ODOT OBLIGATIONS
1. ODOT hereby grants the COUNTY and TUALATIN the right to enter onto ODOT right of
way for the purpose of Project maintenance.
2. ODOT's District 2A Office has issued a Permit No. # 2AM38454 to the COUNTY and the
Developer of Bridgeport Village to "Occupy and Perfoi7m Operations on a State Highway".
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M.C. &A. NO. 21894
Washington,County
City of Tualatin
City of Tigard
3. ODOT shall own the four (4) interconnected traffic signals (and associated illumination) on
Lower Boones Ferry Road at SW McEwan Road /65d'Avenue , SW Bridgeport Road/SW
72"d Avenue, and at the northbound and southbound on and off ramps to 1-5. ODOT will
provide maintenance and power for all four (4) traffic signals (and associated illumination)
and shall bill TUALATIN for the power costs for the traffic signal at the intersection of SW
McEwan Road /65`x' Avenue and shall bill COUNTY for 50 percent of all power and
maintenance costs for the traffic signal at the intersection of SW Bridgeport Road /SW 72°d
Avenue. ODOT shall, at its own expense, be responsible for all costs for the traffic signals at
the I-5 on and off ramps. ODOT shall maintain complete control of the timing for all four
(4) signals and shall consider TUALATIN and COUNTY input for said timing plans.
4. ODOT,shall, at its own expense, maintain all Project improvements within ODOT right of
way limits including, all pavement, curb and sidewalk, signing, striping, signals, and
illumination, with the exception of landscaping, pavement sweeping, and irrigation, which
shall be TUALATIN's responsibility and further addressed under TUALATIN
OBLIGATIONS, and as shown on Exhibit B, attached hereto and by this reference made a
part hereof; and with the exception of that portion of the realigned Lower Boones Ferry
Road (from, and including, its intersection with SW 72"d Avenue/Bridgeport Road
southerly to County's existing line of ownership), which will remain owned by ODOT
but shall be the COUNTY'S responsibility to maintain as further described under
COUNTY OBLIGATIONS. Ownership and pennitting authority for said portion of
Lower Boones Ferry Road shall remain an ODOT responsibility. The abandoned portion
of the former location of Lower Boones Ferry Road is retained by ODOT and is currently
being maintained by TnMet as part of its South Park and Ride lot under separate agreement
No. 22284 between ODOT and TriMet. All stoml water maintenance shall be maintained as
shown on Exhibit C, attached hereto and by this reference made a part hereof.
5. ODOT shall, at its own expense, be responsible for the maintenance of methylmethacrylate
"MMA" striping for the entire Project for five (5) years from the initial installation,
including pavement legends, up to the first overlay project. Major pavement overlays will be
separately negotiated in the future.
COUNTY OBLIGATIONS
1. COUNTY shall, as agreed to in Agreement No. 20860 and at its own expense, continue to
have complete maintenance and operation responsibilities for the newly constructed section
of Lower Boones Ferry Road from, and including, its intersection with SW Bridgeport
Road /SW 72nd Avenue southerly along the west side of 1-5 to the limits of work done
under permit identified in ODOT Obligations No. 2, as shown on Exhibit A, including
but not limited to all roadway, curb and sidewalk, retaining or sound walls, illumination,
stone water facilities, and landscaped medians. ODOT shall continue to retain roadway
ownership and permitting rights for this section of roadway for access control purposes.
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M.C. &A. NO.. 21894
Washington County
City of Tualatin
City of Tigard
2. COUNTY shall continue to have jurisdiction and be responsible for maintenance and
control of SW 72"d Avenue from the southerly curbline of its intersection with the traffic
signal at the North Park and Ride lot southward to the northerly curbline at the
intersection of SW Bridgeport Road/Lower Boones Ferry Road; as shown in Exhibit A.
3. The COUNTY has obtained a permit to "Occupy or .Perforin Operations upon a State
Highway from ODOT's District 2A Office. The COUNTY, its contractors,
subcontractors, or consultants performing Project work shall comply with all provisions
of said permit.
4. COUNTY shall, upon receipt of ODOT's billings, reimburse ODOT quarterly for 50
percent of all power and maintenance costs incurred for the traffic signal and associated
illumination at the intersection of SW Lower Boones Feng Road /SW 72ic1 Avenue/SW
Bridgeport Road. Road maintenance (including pavement, curbs, sidewalk, signal loops)
for said intersection shall be performed by the COUNTY at its own expense, see Exhibit A
for exact location.
5. COUNTY shall, upon,completion of the Project and at its own expense, maintain the
pavement surrounding the vehicle detector loops installed in the COUNTY roads of the
SW Lower Boones Ferry Road/SW 7211d Avenue/SW Bridgeport Road intersection in such
a manner as to provide adequate protection for said detector loops. If for any reason, said
detector loops become damaged due to any fault of the COUNTY's, ODOT may require
the COUNTY to repair or replace said loops at COUNTY expense.
6. COUNTY shall authorize execution of this Agreement during a regularly convened session
of its Board of Con-unissioners.
TUALATIN OBLIGATIONS
I. TUALATIN shall, at its own expense, ensure maintenance of landscaping, pavement
sweeping, and irrigation on areas of ODOT, COUNTY and TUALATIN road
jurisdiction as shown on Exhibit B. Water and power for irrigation during and after
establishment period will be at TUALATIN's own expense.
2. TUALATIN shall, at is own expense, ensure maintenance of storm sewer areas as shown on
Exhibit C.
3. TUALATIN shall, upon receipt of ODOT's billings, reimburse ODOT quarterly for 100
percent of all power costs incurred for the traffic signal and associated illumination at the
intersection of SW Lower Boones Feng Road, and SW McEwan Road/65"' Avenue.
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M.C. &A. NO. 21894
Washington County
City of Tualatin
City of Tigard
4. TUALATIN shall, upon completion of the Project and at its own expense, maintain the
pavement surrounding the vehicle detector loops installed in the city streets of the SW
Lower Boones Ferry Road and SW McEwan Road /65th Avenue intersection in such a
manner as to provide adequate protection for said detector loops. If for any reason, said
detector loops become damaged due to any fault of TUALATIN's, ODOT may require
TUALATIN to repair or replace said loops at TUALATIN expense.
5. TUALATIN shall maintain all Project improvements within TUALATIN right of way limits
and jurisdiction including, any/all pavement, signing, striping, illumination, storm and sewer
facilities,landcaping, and irrigation.
6. TUALATIN agrees to maintain access control and management as-is within the influence
area of I-5, as shown in Exhibit D and as per the ODOT OAR 734-51 Access
Management Spacing Standards, unless proposed changes are agreed to by ODOT under
the provisions of OAR 734-51. ODOT approval of changes will not be unreasonably
withheld.
7. TUALATIN shall adopt a resolution authorizing its designated city officials to enter into
and execute this Agreement.
TIGARD OBLIGA TIONS
1. TIGARD agrees to continue to be fully responsible for all jurisdiction, control, and
maintenance of that portion of SW 72"d Avenue, within the Project limits and as shown on
Exhibit A,including the traffic signal at the entrance to the North Park and Ride lot.
2. TIGARD shall maintain all Project improvements within TIGARD right of-way limits and
jurisdiction including, any/all pavement, signing, traffic signal (as mentioned above)
illumination, striping, storm and sewer facilities, landcapi-ng, and irrigation.
3. TIGARD shall adopt a resolution authorizing its designated city officials to enter into and
execute this Agreement.
GENERAL OBLI GA TIONS
t. This Agreement is expressly subject to the debt limitation of the Oregon Constitution, and
is contingent upon funds being appropriated therefore. Any provisions herein which would
conflict with law are deemed inoperative to that extent.
2. ODOT, COUNTY, TUALATIN, and TIGARD shall, to the extent permitted by the Oregon
Constitution and the. Oregon Tort Claims Act, indemnify, defend, save, and hold harmless
the other party(s) and its members, its officers and its employees from all claims, suits, and
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M.C. &A. NO. 21894
Washington County
City of Tualatin
City of Tigard
liabilities, which may occur in the perfornance of this Agreement by the respective
indemnifying party.
3. Notwithstanding the foregoing defense obligations under paragraph 3 above, no party to
this Agreement nor any attorney engaged by any party to this Agreement shall defend any
claim in the name of the other party(s) or any agency/department/division of such other
party(s), nor purport to act as legal representative of the other party(s) or any of its
agencies/departments/divisions, without the prior written consent of the legal counsel of
such other party(s). Each party may, at anytime at its election assume its own defense and
settlement in the event that it detennines that the other party(s) is prohibited from
defending it, or that other party(s) is not adequately defending its interests, or that an
important governmental principle is at issue or that it is in the best interests of the party(s)
to do so. Each party reserves all rights to pursue any claims it may have against the other if
it elects to assume its own defense.
4. ODOT, COUNTY, TUALATIN, and TIGARD agree that all employers 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. Each party to this Agreement shall ensure that
each of its subcontractors complies with these requirements.
5. ODOT, COUNTY, TUALATIN, and TIGARD 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 27913.220, 27913.225,
27913.230, 27913.235 and 279B.270 incorporated herein by reference and made a part
hereof, Without limiting the generality of the foregoing, each party 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.
6. The parties acknowledge and agree that each party, the Oregon Secretary of State's office
and the federal government and their duly authorized representatives shall have access to
such fiscal records and other books, documents, papers, plans and writings of each party
that are pertinent to this Agreement to perform examinations and audits and make excerpts
and transcripts. All parties shall retain and keep all files and records for a minimum of six
(6) years following tennination of the Agreement.
7. ODOT, COUNTY, TUALATIN, or TIGARD may terminate this Agreement effective upon
delivery of written notice to the other parties to this Agreement or at such later date as may
be established by any party to this Agreement, under any of the following conditions:
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M.C. &A. NO.,2 189
Washington County
City of Tualatin
City of Tigard
a. If any party fails to provide services called for by this Agreement within the time
specified herein or any extension thereof
b. if any party 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 ODOT or another party fails to
correct such failures within thirty (30) calendar days or such longer period as ODOT
or the other parties may authorize.
c. 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.
S. Any termination of this. Agreement shall not prejudice any rights or obligation's accrued to
the parties prior to termination. Termination of this Agreement as to one party shall not
terminate this Agreement as to the other parties.
9. The parties to this Agreement are of equal authority. Each party acts independently-in the
performance of its obligations and functions under this Agreement, and no party is to be
considered the agent of the other.
10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of
which when taken together- shall constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
11. This Agreement and attached exhibits constitute the entire agreement between the panties
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 terns of this Agreement shall bind any party unless in writing
and signed by all 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 any party to enforce any provision of this
Agreement shall not constitute a waiver by the other parties of that or any other provision.
7
r
M.C. &A. NO,. 21894
Washington County
City of Tualatin
City of Tigard
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year hereinafter written.
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 when
the work is related to a project included in the Statewide Transportation Improvement Program
or a line item in the biennial budget approved by the Commission.
On September 15, 2006, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, Paragraph 1, in which authority is delegated to the Deputy Director,
Highways; to approve and sign agreements over $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program or in other system plans
approved by the Oregon Transportation Commission such as the Oregon Traffic Safety
Performance Plan, or in a line item in the biennial-budget approved by the Director.
Signature page to follow
8
M.C. &A. NO. 21894
Washington County
City of Tualatin
City of Tigard
RESTATE OF OREGON,
By and through its
PROVAL
By Department of Transportation
'District 2A Manager By /�1 ✓«JIJ�
Date 1 DU—)4y Director, Highways
/Mm + � Date �(eBySAa d9
Technical Services Manager/Chief Engineer WASHINGTON COUNTY,
/ by and through its Board of
Date �/Gi v60) Co ioners
� twjAzg�7
By -- � B /j
ion 1 anager /,•&- Chair
Date 7 USI rie Date
CITY OF TUALAPN,
By and throu s City Council CITY OF TIGARD,
By and thr u i Council
By
Mayor By
City nager
By
Recorder Date
Date '/' /,
APPROVED AS TO
LEGAL FFICIEN�jC :
�✓y' 0 .
By i
Asst. Attorney Gen. Tigard ttorney {3
Date Date k
BIff �< B
Y
County Attorney Tualatin Attorney
Date Pop. 1-7 2e�J Date 4 /13 LI a
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER# D rS" 3 73
9 DATE //— /$'OS
BY
CLERK OF TfjrRD
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R. Oregon Department of Transportation
.� re on
v ;o Support Services
Theodore R.Kutongoski,Governor Procurement Office
455 Airport Rd. SE, Bldg. K
Salem, OR 97301-5348
January 22, 2009
City of Tigard
Attn: Gus Duenas, City Engineer
13125 SW Hall Boulevard
Tigard, OR 97223
Dear Mr. Duenas,
We have enclosed one original for your files of the fully executed Agreement#21894 for our
upcoming project which covers SW12"d Avenue, Lower Boones Ferry Road, and SW
Bridgeport Road. This Agreement has been signed by all parties.
We have retained one signed original of the fully executed Agreement#21894 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.youngren@odot.state.or.us or at (503) 986-2731.
Sincerely,
Jule Youngren
Agreements Technical Assistant
ODOT Procurement Office
Enclosure