Washington County - BCC 00-696 Street Improvements (Walnut/121st) INTERGOVERNMENTAL AGREEMENT
MAJOR STREET TRANSPORTATION IMPROVEMENT PROGRAM
WALNUT STREET AT 121 ST AVENUE
Water, Sanitary Sewer, Storm Drain Improvements
Sz
Underground Electrical Conduit Installation
CITY OF TIGARD
This Agreement is made and entered into by and between Washington County, a
political subdivision of the State of Oregon, acting by and through its Elected
Officials, hereinafter referred to as COUNTY, and the City of Tigard, a municipal
corporation of the State of Oregon, acting by and through its City Council,
hereinafter referred to as CITY.
WITNESSETH
ARTICLEI - RECITALS
WHEREAS, on May 16, 1995, the voters approved a Major Streets
Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP
3); and
WHEREAS, improvements to Walnut Street at the intersection with 121sT
Avenue (PROJECT) is included within the list of projects approved by the voters;
and
WHEREAS, in May 1997, the voters approved Measure 50, which converted the
MSTIP3 levy to a part of the COUNTY permanent rate; and
WHEREAS, on June 23, 1998, the Board of County Commissioners (BCC)
adopted a revised schedule for construction of the MSTIP 3 projects and
indicated its intent to proceed with the MSTIP3 projects on a revised schedule in
light of the fiscal impact of Measure 50; and
WHEREAS, by the authority granted by said MSTIP 3, the COUNTY may enter
into cooperative agreements with various cities within Washington County for the
performance of work on improvement projects with the allocations of costs and
terms and conditions mutually agreed to by the parties; and
FA...\dschamp\TIGARD UTIL IGA2.doc ]
WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental
agreements for the performance of any or all functions and activities that.a party
to the agreement has the authority to perform; and
WHEREAS, CITY desires to install a 24-inch diameter water line for a distance of
approximately 550 feet and a 12-inch diameter water line for a distance of
approximately 525 feet along 1215'Avenue, and a 24-inch diameter water line for
a distance of approximately 400 feet and a 12-inch diameter water line for a
distance of approximately 850 feet along Walnut Street, said CITY water lines
are hereinafter referred to as "Water lines" and are shown generally on the
attached Exhibit "A"; and,
WHEREAS, CITY desires to install an 8-inch diameter sanitary sewer line for a
distance of approximately 500 feet along 1211 Avenue, and an 8-inch diameter
sanitary sewer line for a distance of approximately 1,400 feet along Walnut
Street, said CITY sewer lines are hereinafter referred to as "Sewer lines" and are
shown generally on the attached Exhibit "A'; and,
WHEREAS, CITY desires to install an 24-inch diameter storm drain line
downstream of the PROJECT for a distance of approximately 1,200 feet east
along Walnut Street from 116°i Avenue, said CITY storm drain lines are
hereinafter referred to as "Storm Drains" and are shown generally on the
attached Exhibit "A"; and,
WHEREAS, CITY desires to install underground electrical conduits and vaults.
(for use by Portland General Electric, PGE, under their franchise agreement with
CITY) for a distance of approximately 1,000 feet along 1211 Avenue, and for a
distance of approximately 1,800 feet along Walnut Street, together with
underground conduits for conversions of service lines, said CITY power conduits
are hereinafter referred to as "PGE conduits" and are shown generally on the
attached Exhibit"A"; and,
WHEREAS, CITY has requested that the Water lines, Sewer lines, Storm Drains
and PGE conduits be added to the PROJECT, and CITY agrees to pay for such
requested work; and,
WHEREAS, under the cited authority, it is the mutual desire of COUNTY and
CITY to enter into such an Agreement to cooperate in the design and
construction of the Water lines, Sewer lines, Storm Drains and PGE conduits.
NOW, THEREFORE, the premises being in general as stated in the foregoing
recitals, and in consideration of the-terms, conditions and covenants set forth
below, the parties hereto agree as follows:
FA...\dschamp\TIGARD UTIL IGA2.doc 2
ARTICLE II -COUNTY OBLIGATIONS
1. COUNTY shall enter into and execute this Agreement during a duly
authorized session of its Board of County Commissioners.
2. COUNTY shall, upon execution of this Agreement, assign a liaison person
to be responsible for coordination of the PROJECT with CITY.
3. COUNTY shall perform or cause to be performed all actions necessary for
design and construction of the above referenced water lines, sewer lines,
storm drains and PGE conduits as part of the PROJECT, including design
engineering, contract administration, construction engineering and
inspection, and project management. COUNTY shall advertise for, award,
and administer the construction contract. COUNTY shall be responsible
for acceptance of contractor's work on behalf of CITY.
4. The COUNTY shall provide Water line, Sewer line, Storm Drains and PGE
conduit plans to the CITY, and incorporate the Water line, Sewer line,
Storm Drains and PGE conduits as specific bid item(s) in its bid
documents for the PROJECT. The PROJECT, including Water lines,
Sewer lines, Storm Drains shall be designed to meet City standards, and
PGE conduits shall be designed to meet PGE standards.
5. COUNTY shall provide CITY with the opportunity for design review of
50%, 75% and final plans prior to bidding.
6. COUNTY shall, following bid opening, notify CITY of the amount the
construction cost of the Water lines, Sewer lines, Storm Drains and PGE
conduits as contained in the construction contract bid and provide CITY
with the opportunity for review of the contract bid.
7. COUNTY shall provide inspection services for Water line, Sewer line,
Storm Drain trench excavation and backfill, and CITY shall provide
inspection services for Water line, Sewer line, Storm Drain and PGE
conduit installation and acceptance testing. COUNTY shall notify CITY of
Water line, Sewer line, Storm Drain and PGE conduit construction and be
responsible for coordinating inspection and acceptance testing in
accordance with Article III.
8. COUNTY shall perform actions regarding compensation as set forth in
Article IV - Compensation.
ARTICLE III - CITY OBLIGATIONS:
1. CITY shall enter into and execute this Agreement during a duly authorized
session of the City Council.
FA...\dschamp\TIGARD UTIL IGA2.doc 3
2. CITY shall, upon execution of this Agreement, assign a liaison person to
be responsible for coordination of PROJECT with COUNTY.
3. CITY shall provide COUNTY with standard specifications for the
construction of Water lines, Sewer lines, Storm Drains and PGE conduits.
4. CITY shall review plans and specifications for the Water lines, Sewer
lines, Storm Drains and PGE conduits provided by the COUNTY.
5. CITY shall provide inspection and monitoring of the Water line, Sewer
line, Storm Drain and PGE conduit installation in coordination with the
COUNTY. CITY shall be responsible for all acceptance testing conducted
by the contractor as specified. These services shall be provided at CITY
expense.
6. CITY shall review plans and provide comments back to COUNTY within
10 workdays and review bids within 2 workdays.
7. CITY shall perform actions regarding compensation as set forth in Article
IV - Compensation.
ARTICLE IV— COMPENSATION
1. CITY shall pay to the. COUNTY the actual Water line, Sewer line, Storm
Drain and PGE conduit construction cost, the additional construction cost
to the PROJECT caused by inclusion of the Water lines, Sewer lines,
Storm Drains and PGE conduits in the PROJECT, and the non-
construction cost for the Water lines, Sewer lines, Storm Drains and PGE
conduits.
The Water line, Sewer line, Storm Drain and PGE conduit construction
costs shall include the actual construction cost of applicable unit price
contract items and an allocated share of the cost of applicable lump sum
contract items (for example, traffic control, erosion control), and the cost
for any extra work required for the Water line, Sewer line, Storm Drain and
PGE conduit construction.
The non-construction cost shall include the cost for design engineering,
contract management, construction engineering and inspection, and
project management, which shall be calculated as a fiat rate of ten (10)
percent of the Water line, Sewer line, Storm Drain and PGE conduit
construction cost (amount paid to the COUNTY's construction contractor
for Water line, Sewer line, Storm Drain and PGE conduit work including
extra work).
FA...\dschamp\TIGARD UTIL IGA2.doc 4
The estimated construction cost of the Water lines is $580,760, the
estimated construction cost of the Sewer lines is $482,690, the estimated
construction cost of the Storm .Drains is $146,720, the estimated
construction cost of the PGE conduits is $135,000, the additional
construction cost to the PROJECT caused by inclusion.of the Water lines,
Sewer lines, Storm Drains and PGE conduits in the PROJECT is
estimated to be $1,045,170, and the .estimated non-construction cost for
the Water lines, Sewer lines, Storm Drains and PGE conduits is $104,520
($1,045,170 x 1:0 percent), for a total estimated cost for the Water lines,
Sewer lines, Storm Drains and PGE conduits of $1,149,690. It is
understood that the estimated costs are used to determine PROJECT
budget and deposit amounts used within this Agreement.
Final costs will be based on the actual bid amount of the schedule of
prices and quantities used and installed. Final payments made by the
CITY to the COUNTY related to this PROJECT shall be based on actual
bids and construction costs.
2. CITY shall, no later than 7 days prior to bidding letting, deposit with the
COUNTY an amount equal to 10 percent of the estimated cost of the
Water lines, Sewer lines, Storm Drains and PGE conduits or $114,970
($1,149,690 x 10 percent).
3. COUNTY shall, at least once each calendar quarter,. prepare and submit
invoices to the CITY in sufficient detail and in a form acceptable to the
CITY for the cost of Water lines, Sewer lines, Storm Drains and PGE
conduits work in excess of the CITY deposit. COUNTY shall, within 90
days after completion of the PROJECT, prepare and submit a final
statement of expenditures to the CITY. Final payment will be based on
actual quantities determined as provided by the specifications.
4. CITY shall pay COUNTY for Water line, Sewer line, Storm Drain and PGE
conduit costs as billed within thirty (30) days after receipt of COUNTY
billing.
ARTICLE V -GENERAL PROVISIONS
1. Laws of Oregon
The parties agree to abide by all applicable laws and regulations regarding the
handling and expenditure of public funds. This Agreement shall be governed by
the laws of the State of Oregon. All provisions required by ORS Chapter 279 to
be included in public contracts are hereby incorporated by reference and made a
part of this Agreement as if fully set forth herein.
FA...\dschamp\TIGARD UTIL IGA2.doc 5
2. Default
Either party shall be deemed to be in default if it fails to comply with any
provision of this Agreement. City and County agree time is of the essence in the
performance of any of the obligations within this Agreement. Complaining party
shall provide the other party with written. notice of default and allow thirty (30)
days within which to cure the defect, City shall pay the County for costs'incurred
for satisfactorily completed and authorized work up to the time of default. Each
party shall be liable for all costs and damages arising from default by the other
party.
3. Indemnification
This Agreement is for the benefit of the parties only. Each party agrees to
indemnify and hold the other harmless, to include their respective officers,
employees, agents and representatives, from and against all claims, demands
and causes of actions and suits of any kind or nature for personal injury, death or
damage to property on account of or rising out of services performed, the
omission of services or inany way resulting from the acts or omissions of the
parties so indemnifying and/or its officers, employees, agents or representatives.
Indemnification is subject to and shall not exceed the limits of liability of the
Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party
shall be responsible for any contract claims, delay damages or similar items
caused by the action or inaction of the party.
4. Documents are Public Property
All records, reports, data, documents, systems, and concepts, whether in the
form of writings, figures, graphs, or models which are prepared or developed in
connection with this PROJECT shall become public property.
5. Modification of Agreement
No waiver, consent, modification or change of terms of this Agreement shall bind
either party unless in writing, signed by both parties. Such waiver, consent,
modification or change, if made, shall be effective only in specific instances and
for the specific purpose given.
6. Dispute Resolution
The parties agree to use their best efforts to resolve any dispute arising out of
this Agreement by mediation. If mediation is not successful, the dispute.shall be
settled by binding arbitration conducted by the Arbitration Service of Portland,
Inc., and judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof. The arbitration shall be before a single
arbitrator. The cost of arbitration shall be shared equally; provided, however,
FA...\dschamp\TIGARD UTIL IGA2.doc
that the arbitrator may award costs and fees to the prevailing party. The
arbitration shall be held within 60 days of selection of .the arbitrator unless
otherwise agreed to by the parties.
7. Severability
The parties agree that if any term of provision of this agreement is declared by a
court to be. illegal or in conflict with .any law, the validity of the remaining terms
and provisions shall not be affected, so long as this agreement continues to
reflect the intent of the parties. In the event the intent of the parties is not carried
out by the severed agreement, the parties shall negotiate an equitable
adjustment of this agreement so that purposes of this agreement are given
effect.
8. Nondiscrimination
No person shall be denied or subjected to discrimination in receipt of the benefits
of any services or activities made possible by or resulting from this Agreement
on the grounds of race, color, religion, gender, sexual orientation, national
origin, disability, age or marital status. Any violation of this provision shall be
considered a material defect and shall be grounds for cancellation, termination or
suspension in whole or in part by the County.
9. Integration
This Agreement includes the entire agreement of the parties and supersedes
any prior discussions or agreements regarding the same subject. There are not
understandings, agreements, or representations, oral or written, not specified
herein regarding this contract.
ARTICLE VI -TERM OF AGREEMENT
1. The term of this Agreement shall be.from the date of execution for three
years or until completion of all obligations, whichever is later.
2. This Agreement may be amended or extended for periods of up to one
year by consent of the parties, subject to provisions of this Agreement.
Except for breach, it may be canceled or terminated for any reason
beyond the control of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written.
F:\...\dschamp\TIGARD UTIL IGA2.doc 7
j
DONE AND DATED this day of , 2000.
WASHINGTON COUNTY, OREGON CITY OF TIGARD
Chair, Board.of Commissioners ity Manager.
Recordin Secr a APPROVED L^ ASHINGTC)N'COU10y'
g ry BOARD OF C;omMISSION[/F�RS
IZNUTE ORDER 6 ...��.. .�D je leleel111eFtett
1L ...................
... .:..-�.. .........
DATEeeueu�euxttnttt
APPROY913,AS TO FO M:
Loretta . SkurdNi
Senior Assistant County Counsel
F:\...\dschamp\TIGARD UTIL IGA2.doc 8
100 50 0 100 200
UNITS IN METERS
SCALE: 1 : 4000 "-
-.... _.........
w....._..
,
,
r .
' f
.....:....
Y ;l
[.
Jr•.
z -
r .............. ....„
S.W. ANN
? ? _.. _.... _..._. _ .
_. ...... ........._..
f
..SIR.. .
?
ELECTRI ` _.._.._.
;
CONDUITS f
r '
s f
;
:
• t.
n. ..-.........
1
f
"-f3........�...�: �.
ST.
41i.' .. .._...
ELECTRIC 1
r cf
CONDUIT
J „ NATER-f OFFSI _
f
_-...
�f
LINE TORM � 1......
...............r..,-....
'
,r .
fy, ,
-WATER
_._._.........� r „.. µ.SI ._....__._.
f h-' LINE ...._ . j' vf£
t r� F Li� y ! ........ # � t2 -�3f # 1
„
�. f J �
i
' ANITARY `
r
' SEWER
„„„...
r
a
i
S.W. TIFf�I'fT
;
CARM
_._. S.W.
EN ST.
„_„M..... __._... m,
_...
i
S.W. WALNUT STREET SHEET
PROPOSED UTILITY LOCATIONS 1
EXHIBIT "A” DRAWING OF
PROJECT s , NM �
WPWXEX WPWXOOT3 1 : 4000 0.0
DRANK BY DESIGN BY APPROYm BY DATE
DEM KRW KRW 6-12-00