Misc. Contracts & Agreements

             No. 19676

 

 

COOPERATIVE IMPROVEMENT AGREEMENT

PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE

Emergency Preemption Signal Installation

Sandy Boulevard Highway @ M. P. 3.0

 

This Agreement is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as “ODOT”; and the CITY OF PORTLAND, acting by and through its Elected Officials, hereinafter referred to as “City”.

 

W I T N E S S E T H

RECITALS

 

1.  Sandy Boulevard (U.S. 30 Business Route) is a State highway under the jurisdiction and control of the Oregon Transportation Commission. NE 56th is a part of the City street system under the jurisdiction and control of City.

 

2.  By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties.

 

3.  By the authority granted in ORS 810.210, ODOT is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon State highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than ODOT, except with its written approval. Traffic signal work on the project will conform to the current ODOT standards and specifications.

 

4.  By the authority granted in ORS 366.425, ODOT may accept deposits of money, or an irrevocable letter of credit from any person, County, City, district, firm, or corporation for the performance of work on any public highway within the State of Oregon. When said money or a letter of credit is deposited, ODOT shall proceed with the work it agreed to perform on the project. Money so deposited shall be disbursed for the purpose for which it was deposited.

 

5.  The project, as described under Terms of Agreement, paragraph No. 1, is to be constructed by the City to improve the safety of the transportation system.

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.  The City plans to reactivate a previously unused fire station at the southwest corner of NE 56th and Sandy Blvd. The City plans to add a new bay for a fire truck, which will exit onto Sandy Blvd at M.P. 3.0 west of NE 56th. For the purpose of providing acceptable traffic circulation patterns on public highways, City plans and proposes to install an emergency preemption signal for the fire station, hereinafter referred to as “Project”. The signal shall remain green except when pre-empted by vehicles exiting the station. 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 estimated cost to construct this Project is $80,000. All phases of this Project will be financed 100 percent with City funds at no expense to ODOT except for ODOT’s maintenance and power responsibilities for the Project traffic signal outlined under ODOT OBLIGATIONS.

 

3.  This agreement shall become effective upon the date of final execution of this agreement by both parties 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 Project shall be completed within three calendar years following the date of final execution of this agreement by both parties.

 

ODOT OBLIGATIONS

 

1.  Upon issuance of ODOT required permits and City’s compliance with all prerequisite permit terms and conditions, ODOT hereby grants City the right to enter onto and occupy ODOT right-of-way for the performance of necessary preliminary engineering and construction/installation of the traffic signal equipment.

 

2.  ODOT’s District Manager (or designee) shall, at Project expense, issue the required permits upon City’s compliance of all prerequisite permit terms and conditions; and review and concur with the Project plans and specifications prior to advertisement for construction bids.

 

3.  ODOT’s Region Manager shall, at Project expense, assign a Project Manager to provide material testing and technical inspection to ensure ODOT standards are met, and to monitor the traffic signal work performed by the City, or its contractors, within the boundaries of ODOT right-of-way. ODOT’s Project Manager will provide general oversight of the work performed, but the City’s consultant shall perform all technical inspections and contractor coordination. Said ODOT Project Manager for the Project will be Loretta Kieffer, District 2B, 9200 SE Lawnfield Rd, Clackamas, 97015-8685, (503)353-8975.

 

4.  ODOT’s Traffic Engineer (or designee) shall, at Project expense, review and comment on all traffic signal design plans, which shall be provided by City. ODOT’s Traffic Engineer (or designee) shall concur in such plans prior to advertisement for traffic signal construction.

 

5.  ODOT’s Traffic Signal Services Manager (or designee) shall, at Project expense, perform the signal equipment environmental testing. City shall perform field-testing and turn-on in accordance with the current ODOT procedures. City of Portland will maintain and operate the Project signal upon the completion of the Project.

 

6.   The City of Portland has set aside $6,000.00 for this project. When said money is deposited to ODOT or a letter of credit is supplied, ODOT shall proceed with the work it agreed to perform on the project. Said amount is equal to the estimated total cost of ODOT provided plan reviews, project monitoring and technical inspection, for the project. ODOT may request additional advance deposits from City prior to the completion of the project. Upon such request, City shall pay all such additional advance deposits.

 

7.  ODOT shall keep accurate cost accounting records. City may request a statement of costs at any time by submitting a written request to ODOT. Upon completion of the Project, ODOT shall either send City an invoice for the amount, which when added to its advance deposit will equal 100 percent of the total ODOT costs for Project, or ODOT shall refund to City any portion of said advance deposit that is in excess of the total ODOT costs for the Project.

 

8.  ODOT shall, upon completion of the Project and at its own expense, adequately maintain the pavement markings and signing installed on ODOT right-of-way.

 

9.  ODOT shall, upon satisfactory signal turn on, assume full ownership of the newly constructed signal equipment and reimburse City semi-annually, as billed for 50% of the cost of the signal power and maintenance.

 

CITY OBLIGATIONS

 

1.  City shall, at its own expense, conduct the necessary field surveys, environmental studies, traffic investigations; acquire all necessary right-of-way; identify and obtain required permits; arrange for utility relocation or reconstruction, and perform all preliminary engineering and design work required to produce plans, specifications, and cost estimates, except for the preliminary engineering work performed by ODOT as outlined under ODOT OBLIGATIONS.

 

2.  City shall, prior to its award of the contract, provide 4 sets of the Project preliminary and final plans and specifications to ODOT’s District 2B office for review and concurrence by ODOT’s District Office, Region and Salem Traffic Sections, and Salem Roadway section. ODOT’s prior written concurrence is necessary before City’s advertisement for construction bid proposals.

 

3.  City shall, upon ODOT’s review and concurrence of final plans, prepare the contract and bidding documents, advertise for construction bid proposals, award all contracts, pay all contractor costs, furnish all construction engineering, field testing of materials, technical inspection including sidewalk inspection (except for traffic signal inspection services as provided for in ODOT OBLIGATIONS) and project manager services for administration of the contract.

 

4.  The City shall construct the Project in accordance with the requirements of ORS 276.071 including the public contracting laws within ORS Chapter 279.

 

5.  City shall design and construct to ODOT standards . Upon completion of the Project by City and upon approval by ODOT, the City shall transfer ownership of traffic signal equipment to ODOT.

 

6.  City agrees to comply with all provisions of ODOT issued permits and shall require its contractors, subcontractors, or consultants performing such work to comply with such provisions and with all applicable provisions of this agreement.

 

7.  City agrees to obtain all necessary permits and agreements prior to beginning work on this Project.

 

8.   City has submitted to ODOT’s District 2B Office an advance deposit in the amount of $6,000. Said amount is equal to the estimated total cost of ODOT provided plan reviews, project monitoring and technical inspection, for the Project (as further described in ODOT OBLIGATIONS). ODOT may request additional advance deposits from City prior to completion of the project. Upon such request, City shall pay all such additional advance deposits.

 

9.  Upon completion of the Project and receipt from ODOT of an itemized statement of the actual total cost of ODOT’s services, City shall pay, any amount which, when added to the previous advance deposits, will equal 100 percent of ODOT’s actual total costs of services provided for the Project. Any portion of the advance deposits which are in excess of the total actual cost of services provided by ODOT shall be refunded or released to City within six months of signal turn on. Any excess deposits shall be sent to the City of Portland Bureau of General Services, 1120 SW 5th Ave., #1204, Portland, OR 97204, attn. Jim Coker.

 

10.  City shall require its contractor to obtain and keep in effect during the term of the contract, Comprehensive or Commercial General Liability insurance covering bodily injury and property damage. This insurance shall include personal injury coverage, contractual liability coverage for the indemnity provided under this agreement and products/completed operations liability. Combined single limit per occurrence shall not be less than $1,000,000 or the equivalent. Each annual aggregate limit shall not be less than $2,000,000, when applicable. The certificate of insurance shall include the State of Oregon, Transportation Commission and its members, the Department of Transportation, officers and employees as additional insured. City shall provide a copy of the certificate to ODOT 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.

 

11.  If it is determined that additional right-of-way is needed for the Project, the City shall bear all costs associated with appraising and acquiring said right-of-way and easements. City and ODOT shall enter into a separate Right-of-Way agreement prior to the onset of any property acquisition adjacent to ODOT right-of-way.

 

12.  City is responsible for and ensures that all Project right-of-way monumentation will be conducted in conformance with ORS Chapter 209.

 

13.  City shall, at Project expense, lay out and paint the necessary lane lines and erect the required directional and traffic control signing on the Project.

 

14.  City shall, upon completion of the Project, submit two sets of “As Constructed” drawings to ODOT’s Region Traffic Section. One set shall be full size mylars. The second set shall be half size (11”x 17”) prints.

 

15.  City shall adequately maintain the pavement markings and signing installed in City right of way in accordance with the plans and specifications.

 

16.  City shall, upon completion of the Project, provide all power and maintenance for the Project traffic control signal and shall semi-annually bill ODOT for 50 percent of the power and maintenance costs in the operation of the traffic signal.

 

17.  City acknowledges and agrees that ODOT, the Secretary of State’s office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City that are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after completion of Project. Copies of applicable records shall be made available upon request. Payment for costs of copies shall be reimbursed by the requesting party.

 

18.  City shall authorize execution of this agreement by ordinance during a regularly convened session of its elected City officials.

 

GENERAL OBLIGATIONS

 

1.  City, its construction contractor, subcontractors, and all employers working under this agreement are subject employers under the Oregon Workers’ Compensation Law and shall comply with ORS 656.017, which requires them to provide workers compensation coverage for all their subject workers, unless such employers are exempt under ORS 656.126. City shall include provisions in its contracts with its contractors that require its contractors to comply with these requirements.

 

2.  City shall comply with all federal, state, and local laws, regulation, executive orders and ordinances applicable to the work under this agreement, including without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, which hereby are incorporated by reference. Without limiting the generality of the foregoing, the City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V 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 foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

 

3.  City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, the Oregon Transportation Commission and its members, Department of Transportation, its officers, agents and employees from and against any and all losses, liabilities, claims, costs and expenses of any nature arising out of or in any way related to activities of City, its officers, agents or employees under this agreement.

 

4.  City shall include provisions in its contracts with its contractors that require the contractors to hold harmless, defend and indemnify the State of Oregon, the Oregon Transportation Commission and its members, Department of Transportation, its officers, agents and employees from and against any and all losses, liabilities, claims, costs and expenses of any nature arising out of or in any way related to activities of City’s contractors under their contracts with the City.

 

5.  ODOT shall to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all losses, liabilities, claims, costs and expenses of any nature arising out of or in any way related to activities of ODOT, its contractors, officers, agents or employees under this agreement.

 

6.  ODOT and City agree and understand that a mutual review of the Project plans and specifications shall be conducted prior to advertisement for construction bid proposals.

 

7.  This agreement may be terminated by mutual written consent of all parties.

 

8.  ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT, under any of the following conditions:

 

a)  If City fails to provide services called for by this agreement within the time specified herein or any extension thereof.

 

b)  If City fails to 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 fails to correct such failures within 10 days or such longer period as ODOT may authorize.

 

c)  If City fails to provide payment of deposits upon receipt of a letter of request from ODOT.

 

d)  If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement.

 

e)  If federal or state laws, regulations or guidelines are modified or interpreted in such a way that the work under this agreement is prohibited.

 

Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination.

 

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 either of the parties to enforce any provision of this agreement shall not constitute a waiver of that or any other provision.

 

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 January 16, 2002, 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 January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways, to approve and execute agreements over $75,000 when the work is related to a project included in other system plans approved by the Commission.

 

City of PORTLAND      STATE OF OREGON, by and through

by and through its Elected Officials    its Department of Transportation

 

BY ___________________________  BY ___________________________

Vera Katz, Mayor        Executive Deputy Director

 

DATE _________________________  DATE _________________________

 

 

BY ___________________________  

Gary Blackmer, Auditor    APPROVAL RECOMMENDED

 

DATE ________________________    BY _______________________    

Tech. Services Mgr./Chief Eng.    

APPROVED AS TO FORM

       

BY _______________________    DATE______________________

Deputy City Attorney        

 

REVIEWED FOR ODOT BY    BY _______________________

             Region 1 Manager

BY _______________________

Asst. Attorney General    DATE______________________

 

DATE _____________________    By _________________________

             State Traffic Engineer

   

           DATE _______________________