Washington County - BCC 10-0276 Construction Management - Greenburg Road, Main Street, Pacific Highway o — ®c;t-A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD FOR
JOINT PROCUREMENT AND CONSTRUCTION MANAGEMENT OF THE SW
GREENBURG RD. AND SW MAIN STREET AND PACIFIC HIGHWAY 99W ROAD
IMPROVEMENT PROJECT AND THE SW HALL BLVD. AND PACIFIC HIGHWAY
99W ROAD IMPROVEMENT PROJECT
THIS AGREEMENT is entered into 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, acting by and
through its City Council, hereinafter referred to as "City," jointly referred to as the
"Parties".
RECITALS
1. County is constructing a road improvement project for the intersection of SW Hall
Blvd. and Pacific Highway 99W from Project Station 52+00 to Project Station
62+06 ("County Project"), pursuant to Intergovernmental Agreements County has
obtained through Oregon Department of Transportation; and
2. City is funding and developing a road improvement project for the intersection of
SW Greenburg Road and SW Main Street at their intersection with Pacific
Highway 99W from Project Station 41+82 to Project Station 52+00 ("City
Project"), pursuant to Intergovernmental Agreements City has obtained through
Oregon Department of Transportation; and
3. The County and City have determined that it would serve the interests of the
public to combine the County Project and the City Project into one project
("Combined Project") for bidding and construction management purposes; and
4. ORS 190.010 authorizes agencies to enter into intergovernmental agreements
for the performance of any or all activities and functions that a Party to the
agreement has the authority to perform.
NOW, THEREFORE, the Parties hereto agree as follows:
1. COUNTY OBLIGATIONS APPLICABLE TO COMBINED PROJECT
1.1 The County hereby designates the Capital Project Management Division (CPM)
Manager, Department of Land Use and Transportation, or designee, as the
County's representative to be responsible for coordination of the project with the
City.
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hal!/Greenburg/Main Project
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1.2 County shall be responsible for the total construction costs for the County
Project. Costs shall include, but are not limited to, all bid items, construction
materials, and labor.
1.3 County shall construct the Combined Project using ODOT and City standards, as
applicable, unless otherwise specified in writing by the County Engineer and City
Engineer.
1.4 County shall review and approve submittals. Any objection of the County or City
to preliminary or final plans and specifications shall be resolved through
consultation between the County Project Manager and the City Project Manager.
The City Project Manager shall be the final arbitrator of any remaining
differences.
1.5 The County shall provide coordination of the Plans, Specifications and other
bidding materials and perform bid for a shared cost.
1.6 County shall provide construction administration, management and inspection for
the project, in addition to the City's supplementary inspection for specialty
situations, on roadway, drainage, landscaping, and lighting issues, for quality
control purposes. County shall administer, manage and inspect the project in
accordance with project plans and specifications.
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1.7 County shall act as the City's agent, in consultation with the City Project
Manager, for the delivery of services including but not limited to the following:
• Conduct competitive procurement and award Contract.
• Include City of Tigard, its officers, agents, and employees, and City of Tigard
Council as additional names insured on the construction contract
• Perform contract administration.
• Create a Public Notification Program and respond to concerns and complaints
from local businesses and the public.
• Provide utility relocation coordination.
• Conduct a preconstruction conference with the contractor, City, ODOT, and
utilities.
• Evaluate all contractor submittals to ensure they meet the project plans and
specifications.
• entation associated with quantity, quality
Collect, review, and file docum
control, and origin of materials.
• Review and forward all contractor requests for clarifications and changes to the
contract documents to the City Engineer for his input and approval. Allow the
City no less than five days to respond to Requests for Information (RFI) or
requests for extra work.
• Process substitution requests and change order requests.
• Review requested design changes.
• inspection, testing and construction
Provide construction engineering,
management services for the project, including during the warranty period.
• Make payments to the contractor.
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hall/Greenburg/Main Project
• Ensure construction is completed in accordance with project plans and
specifications.
• Provide the City with as-built plans and any other necessary documentation.
• Perform field measurements, calculations, prepare documentation and
monthly progress estimates for payment.
• Conduct project progress meetings
• Perform environmental and permit coordination and compliance monitoring.
• Take and make available photos and inspector records of project
construction.
1.8 County shall maintain accurate records of its performance of this Agreement
including any expenditure for the Combined Project. These records shall be
available for examination by the City upon reasonable notice.
1.9 All work and records of work shall be in conformance with applicable State and
local statutes and regulations. The work and records shall not conflict with any
applicable ordinances or regulations.
1.10 County shall pay all approved contractor invoices and provide construction
management for both projects.
1.11 The County shall track costs and submit invoices to the City for reimbursement of
City Project costs in a form and timeframe mutually agreed to by the County and
City.
2. CITY OBLIGATIONS APPLICABLE TO CITY PROJECT
2.1 The City shall, upon execution of this agreement, assign a liaison person to be
responsible for coordination of the project with the County.
2.2 City shall be responsible for the following services:
• Review the contract documents and help,resolve ambiguities and conflicts
• Provide construction surveying and staking
• Provide secondary project management in cooperation with the County
• Provide planning expertise and public involvement
• Provide preliminary design
• Assist with land use approval and permitting
• Perform right-of-way acquisition (per Right-of-way IGA)
• Coordinate utility relocations and resolving conflicts
• Provide final project design, including plans and specifications
• Assist County with bidding process and contract award
• Review and evaluate the contractor Requests For Information or changes to
the contract documents.
• Assist County with Project Management
Assist County with public notification and complaint resolution efforts
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hall/Greenburg/Main Project
Assist County with inspection of specialty items
Issue permits over which City has jurisdiction
Perform all other services, not included under County obligations that are
required to complete the project.
2.3 City shall be responsible for the total construction engineering costs for the City
Project. Costs shall include, but are not limited to, engineering consultant
services, facilitating neighborhood meetings, obtaining DSL/Corps, Sensitive
Land and ODOT permits and administrative costs. These costs will be invoiced to
the City monthly.
2.4 City shall reimburse County for the actual amount of the costs incurred for
construction administration work for the City.Project at a total estimated cost of
$300,000. This will include an initial payment of $75,000. When costs exceed
$75,000, the amount due will be invoiced to the City quarterly.
2.5 City shall be responsible for the total construction costs for the City Project and
shall reimburse County for the actual amount of the costs incurred for
construction work. ICosts shall and labor at aude, but are not otal estimated cost of all
of $2,700,000. These
construction materials,
costs will be invoiced to the City monthly.
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2.6 The City shall make payment to the County of all undisputed charges within 3
days of receipt of an invoice. Invoices should be sent to the City Project
Manager.
3. GENERAL PROVISIONS
3.1 LAWS OF OREGON
The Parties agree to abide by all applicable laws and regulations regarding public
contracting and the handling and expenditure of public funds. This agreement
shall be construed and enforced in accordance with the laws of the State of
Oregon. All relevant provisions required by ORS Chapters 279A-C to be
included in public contracts are hereby incorporated and made a part of this
agreement as if fully set forth herein.
3.2 DEFAULT
Time is of the essence in the performance of this agreement. Either Party shall
be deemed to be in default if the Part shall
Party ilsto the othey with r Partywith written provisionny
agreement. The complaining y provide
notice of default and allow thirty (30) days within which to cure the defect. The
County shall pay the City for costs incurred for satisfactorily completed and
authorized work up to the time of default, if any.
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hall/Greenburg/Main Project
3.3 INDEMNIFICATION
This agreement is for the benefit of the Parties and shall not inure to the benefit
of third parties. Each Party agrees to indemnify and hold harmless the other
Party and its officers, employees, and agents, 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 arising out of services
performed, the omission of services or in any way resulting from the negligent or
wrongful acts or omissions of the indemnifying Party and its officers, employees,
and agents.,-To the extent applicable, the above 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 solely responsible for any
contract claims, delay damages or similar items arising from or caused by the
action or inaction of the Party under this agreement.
3.4. MODIFICATION OF AGREEMENT
No waiver, consent, modification or change of terms of this agreement shall be
binding unless in writing and signed by both Parties.
3.5 DISPUTE RESOLUTION
Tl-le Parties shall attempt to informally resolve any dispute concerning any
Party's performance or decisions under this agreement, or regarding the terms,
conditions or meaning of this agreement. A neutral third party may be used if the
Parties agree to facilitate these negotiations. In the event of an impasse in the
resolution of any dispute, the issue shall be submitted to the governing bodies of
both Parties for a recommendation or resolution.
3.6 „ SEVERABILITY
If any one or more of the provisions contained in this agreement is invalid, illegal,
or unenforceable in any respect, the validity, legality and enforceability of the
remaining provisions of the agreement will not be affected or impaired in any
way.
3.7 INTEGRATION
This agreement is the entire agreement of the parities on its subject and
supersedes any prior discussions or agreements regarding the same subject.
4. TERM OF, AGREEMENT
4.1 The term of this agreement shall be from the date of execution until the
completion of the project, but not to exceed four years.
4.2 This agreement may be amended or extended for periods of up to one year by
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hall/Greenburg/Main Project
consent of the Parties. It may be canceled or terminated for any reason by either
Party. Termination or cancellation shall be effective 30 days after written notice
to the other Party, or at such time as the Parties may otherwise agree. The
Parties shall, in good faith, agree to such reasonable provisions for winding up
the project and paying for costs as are necessary.
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and
year hereinafter written.
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WA%2LJINGTON COU , OREGON CITY OF TIGARD, OREGON
CH IRMAN, ARD OF COUNTY MAYOR
COMMISSI ERS
Date: Date: - "�> 10
RECORDIN-GS EC T A R Y
CITY RECORDER
Appr ved as to Form
� APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
Loretta Skurdahl p�
Sr. Assistant County Counsel MINUTE ORDER#V- i 1 V
Date: DATE '
BY `--
Approved as to Form: CLERK OF THE BOARD
'-'Timothy V., amis
City Attorney
Date:
Washington County/City of Tigard Agreement for Joint Procurement and Management of the Hwy 99W/Hall/Greenburg/Main Project