Washington County - BCC 13-0225 Walnut Street, 116th Avenue, Tiedeman, 135th Avenue 8 Q_L C?-t LIOI
AMENDMENT #1 �- G i `3 70G5
INTERGOVERNMENTAL AGREEMENT (BCC#13-0225)
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON
SW WALNUT STREET (SW 116TH AVENUE TO SW TIEDEMAN AVENUE
AND AT THE INTERSECTION OF SW 135TH AVENUE)
THIS Amendment #1 to the INTERGOVERNMENTAL 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." The
original INTERGOVERNMENTAL AGREEMENT was entered into on April 9, 2013 recorded
as BCC#13-0225.
It has now been determined by Washington County and City of Tigard that the Agreement
referenced above shall be amended to increase the scope and funding amount.
1. Effective Date. The Amendment shall become effective of the date it is fully executed and
approved as required by applicable law.
2. Amendment to INTERGOVERNMENTAL AGREEMENT.
a. Exhibit B shall be deleted in its entirety and replaced with the attached Revised
Exhibit B. All references to "Exhibit B" shall hereinafter be referred to as
"Revised Exhibit B."
b. PROJECT DESCRIPTION, Article 1, Sub-paragraph 1.2 which reads:
1.2 The CITY utility work includes installation of sanitary sewer line with respective
sewer lateral installations, connections and installation of franchise underground
utility improvements and utility related easement expenses, hereinafter collectively
referred to as "UTILITY IMPROVEMENT WORK" as shown generally on the
attached Exhibit B. This UTILITY IMPROVEMENT WORK relates to the 116th
Avenue to SW Tiedeman Avenue road segment.
Shall be deleted in its entirety and replaced with the following:
1.2 The CITY work includes:
a. Installation of sanitary sewer line with respective sewer laterals
installations, connections
b. Installation of franchise underground utility improvements and utility related
easement expenses
c. Installation of waterline replacement and related design expenses
d. Asphalt overlay of SW 112th Avenue
Page 1 of 5
e. Installation of Rectangular Rapid Flashing Beacons (RRFB) at the SW 116th
Avenue crossing at SW Walnut Street with respective needed additional
work and related design expenses
f. 1St Year Post-Plant Establishment Monitoring/Reporting
Hereinafter the above work collectively referred to as "REVISED UTILITY
IMPROVEMENT WORK" as shown generally on the attached Revised Exhibit B.
This REVISED UTILITY IMPROVEMENT WORK relates to the 116th Avenue to
SW Tiedeman Avenue road segment.
c. ARTICLE 4 - COMPENSATION, Sub-paragraphs 4.1 and 4.2 which read:
4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a
quarterly basis, prepare and submit design invoices to CITY for the cost of the
work for Utility Improvement Work. Estimated design costs are:
a. Sanitary Sewer Improvements Design $ 7,000
b. Franchise Utility Improvements Design $ 15,000
c. Estimated Total Design Cost $ 22,000
Notwithstanding, the estimate of the costs shown above, the CITY shall
reimburse the COUNTY for the actual amount of its cost incurred for the design
of the UTILITY IMPROVEMENT WORK.
4.2 CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices
to the CITY for the construction of the UTILITY IMPROVEMENT WORK. In
addition to UTILITY IMPROVEMENT WORK bid items, non-construction costs
of County services at a flat rate of 15% of the UTILITY IMPROVEMENT WORK
construction costs shall be charged and include the following: proportional cost
of applicable lump sum contracts items (i.e. mobilization and erosion control),
extra work required for the UTILITY IMPROVEMENT WORK and the cost of
COUNTY services including project construction management, surveying,
inspection and construction contract administration.
Estimated construction costs are:
a. Sanitary Sewer Improvements $ 187,000
b. Franchise Underground Conduits $ 311,000
c. Non-construction Costs of County Services (15%) $ 75,000
d. Estimated Total Construction Cost $ 573,000
Shall be deleted in their entirety and replaced with the following:
4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a
quarterly basis, prepare and submit design invoices to CITY for the cost of the
REVISED UTILITY IMPROVEMENT WORK. Estimated design costs are:
a. Sanitary Sewer Improvements Design $ 7,000
Page 2 of 5
b. Franchise Utility Improvements Design $ 15,000
c. Waterline Replacement Design $ 20,000
d. SW 116th Ave RRFBs Design $ 8,700
e. Estimated Total Design Cost $ 50,700
Notwithstanding, the estimate of the costs shown above, the CITY shall
reimburse the COUNTY for the actual amount of its cost incurred for the design
of the REVISED UTILITY IMPROVEMENT WORK.
4.2 CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to
the CITY for the construction of the REVISED UTILITY IMPROVEMENT WORK.
In addition to Utility Improvement Work bid items, non-construction costs of
County services at a flat rate of 15% of the REVISED UTILITY IMPROVEMENT
WORK construction costs shall be charged and include the following: proportional
cost of applicable lump sum contracts items (i.e. mobilization and erosion control),
extra work required for the REVISED UTILITY IMPROVEMENT WORK and the
cost of COUNTY services including project construction management, surveying,
inspection and construction contract administration.
Estimated construction costs are:
a. Sanitary Sewer Improvements $ 187,000
b. Franchise Underground Conduits $ 311,000
c. Waterline Replacement $ 462,700
d. SW 112th Ave Asphalt Overlay $ 4,400
e. SW 116th Ave RRFBs $ 24,000
f. Non-construction Costs of County Services (15%) $ 148,700
g. Estimated Total Construction Cost $ 1 ,137,800
4.3 1St YEAR PLANT ESTABLISHMENT MONITORING/REPORTING: In lieu of the
COUNTY's Engineering Consultant performing 1St Year plant establishment
monitoring and reporting, this function will be performed by the CITY.
Estimated cost for performance of monitoring and reporting is:
a. 1 St Year Planting Establishment Monitoring/Reporting $ $10,000
d. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.3 is to be renumbered to 4.4
(no change to narrative content).
e. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.4 which reads:
4.4 CITY and COUNTY understand that the design and construction costs outlined
above are estimates and are used to determine project budgets and estimated
payment amounts used within this agreement. Final costs will be based on the
actual contract amount of the schedule of prices and quantities used and
installed. Final payments made by the CITY to the COUNTY related to this
Page 3 of 5
PROJECT shall be based on actual design invoices, actual bid prices,
construction quantities and non-construction costs.
Shall be deleted in its entirety and replaced with the following:
4.5 CITY and COUNTY understand that the design, construction and plant
establishment monitoring/reporting costs outlined above are estimates and are
used to determine project budgets and estimated payment amounts used within
this agreement. Final costs for design and construction will be based on the
actual contract amount of the schedule of prices and quantities used and
installed. Final payments made by the CITY to the COUNTY related to this
PROJECT for design and construction shall be based on actual design
invoices, actual bid prices, construction quantities and non-construction costs.
Final payment from the COUNTY to the CITY for 1St Year Plant Establishment
Monitoring and Reporting will be based on the CITY's approved consultant
contract budget for their consultant performing this function.
f. ARTICLE 4 — COMPENSATION, Sub-paragraph 4.5 is to be renumbered to 4.6
(no change to narrative content).
3. Original Agreement. Except as expressly amended above, all other terms and conditions
of the original INTERGOVERNMENTAL AGREEMENT are still in full force and effect.
Page 4 of 5
THE PARTIES, by execution of this INTERGOVERNMENTAL AGREEMENT Amendment,
hereby acknowledge that their signing representatives have read this Agreement, understand
it, and agree to be bound by its terms and conditions.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON
MAYOR! CHAIR, BOARD OF COUNTY
I COMMISSIONERS
DATE: /a16 S�l�DI^7 DATE: IZ-_1�1 —L !
ATTEST:
2f
CITY ECORDER U RECORDING SE RETARY
APPROVED AS TO FORM: APPROVED AS TO FORM:
I'll Z—�- co:E�� ,
CITY A3NRNEY CQkJNTY COUNSEL
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER# 1-1-349'
DATE 12—19 - 2017
BY. 14
/�
CLERK OF THE BQOARD
Page 5 of 5
RE'M'ISED
EXHIBIT B
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WASHINGTON[COUNTY L,e
OREGON CITY OF TIGARD REVISED UTILITY IMPROVEMENTS WORK /fr Project Area*
AS PART OF THE WALNUT STREET PROJECT
08CIAIMER: -Sanitary Line Extension
r1 T11;prodwat Is for hlbimatbialpi ipvses akd may Not laue bee 0 prepared 13r, •*0,60 Waterline Replacement
or be s e liable ib r It ga 1.et gh ee rhg o r s v mevmg p v Qoses.use is of ri is h l5im atb r
s io i Id reu b w or ona rlt tl e p r1n aP1 data a sd b li nn atb s sot ices b asce Ilah tie
rsabfblol%e Iklb 1atbi. KLF *Note: Project area includes
0 300 600 Date:M1J2017 installation of Franchise Utility
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Feet Underground Conduits
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON
SW WALNUT STREET (SW 116TH AVENUE TO SW TIEDEMAN AVENUE
AND AT THE INTERSECTION OF SW 135TH AVENUE)
THIS INTERGOVERNMENTAL 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."
RECITALS
1. 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
2. WHEREAS, Washington County has an approved and funded Major Streets
Transportation Improvement Program project to construct road improvements to SW
Walnut Street, a City of Tigard Arterial Street, from SW 116th Avenue to SW Tiedeman
Avenue and at the north intersection of Walnut Street with 135th Avenue; and
3. WHEREAS, CITY desires to have utility improvement work (sanitary sewer and franchise
utility improvement) completed within and in conjunction with the road improvement
project limits along SW Walnut Street; and,
4. WHEREAS, CITY has requested that the design, construction, and inspection of the utility
improvement work be added to the road improvements of Walnut Street, and CITY agrees
to pay for such requested utility improvement work; and,
5. WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to
enter into such an Agreement to cooperate in the design and construction of the
improvements to the sanitary sewer and franchise utilities as part of the road
improvements to Walnut Street, with the allocation of responsibilities as detailed below;
AGREEMENT
NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and in
consideration of the terms, conditions and covenants as set forth below, the parties hereto
agree as follows:
Page 1 of 7
1. PROJECT DESCRIPTION
1.1 The COUNTY road project improvements will include: road widening, curbs,
sidewalks, bike lanes, street lighting, drainage, landscaping, traffic control, water
quality improvements and all necessary permitting on Walnut Street between SW
116th Avenue to SW Tiedeman Avenue and at the north intersection of Walnut Street
with 135th Avenue, hereinafter referred to as "ROAD PROJECT' as shown generally
on the attached Exhibit A.
1.2 The CITY utility work includes installation of sanitary sewer line with respective sewer
lateral installations, connections and installation of franchise underground utility
improvements and utility related easement expenses, hereinafter collectively referred
to as "UTILITY IMPROVEMENT WORK" as shown generally on the attached Exhibit
B. This UTILITY IMPROVEMENT WORK relates to the 116th Avenue to SW
Tiedeman Avenue road segment.
1.3 The ROAD PROJECT and the UTILITY IMPROVEMENT WORK are referred to
herein as the "PROJECT".
2. COUNTY OBLIGATIONS
2.1 COUNTY shall, upon execution of this Agreement, assign a Project Manager to be
responsible for coordination of PROJECT with CITY.
2.2 COUNTY shall perform, or cause to be performed, all actions necessary for the
design and construction of the PROJECT including project management, design
and construction engineering, property acquisition, including right-of-way as
necessary, regulatory and land use permits and approvals, public information,
contract administration, inspection and construction management. COUNTY shall
coordinate the design of, advertise for, award, and administer the construction
contract for the PROJECT.
2.3 COUNTY shall provide CITY with the opportunity for design review of final plans
prior to bidding. COUNTY agrees to incorporate CITY comments that do not
significantly impact project costs and/or schedule.
2.4 COUNTY shall, following the bid opening, notify the CITY of the amount of the
construction cost of the UTILITY IMPROVEMENT WORK as contained in the bid
and provide CITY the opportunity for review of the contract bid proposal prior to
contract award.
2.5 COUNTY shall provide a final cost accounting for the PROJECT, including all
internal and external costs, to the CITY within 45 days of final acceptance and
payment to the contractor.
2.6 COUNTY shall provide legal descriptions for the PROJECT in a form acceptable to
City so that City can adopt a Resolution of Necessity that will enable county to
obtain necessary easements for construction of the PROJECT.
Page 2 of 7
2.7 COUNTY shall perform actions regarding compensation as set forth in Article 4 —
Compensation.
3. CITY OBLIGATIONS
3.1 CITY shall, upon execution of this Agreement, assign a city project manager to be
responsible for coordination of PROJECT with COUNTY.
3.2 Within sixty (60) days of providing the legal descriptions for the PROJECT to the
CITY as described in 2.6 above, CITY shall provide COUNTY with a Resolution of
Necessity (RON) that provides an adequate description of the PROJECT and
which provides adequate legal authority to COUNTY to obtain necessary
easements for the construction of the PROJECT before COUNTY acquires any
such easements.
3.3 CITY delegates authority to COUNTY to act on its behalf to obtain the necessary
easements through negotiation or condemnation in order to construct the
PROJECT as described in the RON.
3.4 Any easements obtained on behalf of the CITY by the COUNTY shall name the
CITY as the owner of those easements.
3.5 CITY shall provide to the COUNTY an Approved As To Form deed document
template to be used for the necessary real property acquisitions.
3.6 COUNTY shall provide inspection and testing of project work in coordination with
the CITY. CITY will review project work, may perform additional testing at its own
expense, and may require additional and/or corrective work to complete the project
if, in the CITY's judgment, it is in the public interest to do so.
3.7 CITY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 4 - COMPENSATION
4.1 DESIGN: As design work upon the PROJECT is performed, County shall, on a
quarterly basis, prepare and submit design invoices to CITY for the cost of the work
for UTILITY IMPROVEMENT WORK. Estimated design costs are:
a. Sanitary Sewer Improvements Design $ 7,000
b. Franchise Utility Improvements Design $ 15,000
c. Estimated Total Design Cost $ 22,000
Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse
the COUNTY for the actual amount of its cost incurred for the design of the
UTILITY IMPROVEMENT WORK.
Page 3 of 7
4.2 CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to
the CITY for the construction of the UTILITY IMPROVEMENT WORK. In addition
to UTILITY IMPROVEMENT WORK bid items, non-construction costs of County
services at a flat rate of 15% of the UTILITY IMPROVEMENT WORK construction
costs shall be charged and include the following: proportional cost of applicable
lump sum contracts items (i.e. mobilization and erosion control), extra work
required for the UTILITY IMPROVEMENT WORK and the cost of COUNTY
services including project construction management, surveying, inspection and
construction contract administration.
Estimated construction costs are:
a. Sanitary Sewer Improvements $ 187,000
b. Franchise Underground Conduits $_311,000
c. Non-construction Costs of County Services (15%) $ 75,000
d. Estimated Total Construction Cost $ 573,000
4.3 Any easement acquisition costs spent by the COUNTY associated with the
UTILITY IMPROVEMENT WORK shall be accounted for by COUNTY and invoiced
to the CITY accordingly. Utility easement costs are in addition to the above listed
estimated construction and non-construction costs. Before accounting for such
costs, County will inform City of the anticipated cost and allow City to approve,
disprove, or challenge the anticipated cost. County will make a good-faith effort to
accommodate the City's position on a proper sum.
4.4 CITY and COUNTY understand that the design and construction costs outlined
above are estimates and are used to determine project budgets and estimated
payment amounts used within this agreement. Final costs will be based on the
actual contract 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 design invoices, actual bid prices, construction quantities and
non-construction costs.
4.5 COUNTY shall provide the CITY with a final statement of UTILITY IMPROVEMENT
WORK expenses within forty five (45) days of the completion of the final design
phase. Costs for sanitary sewer work shall be listed separately from franchise utility
improvements. Within forty five (45) days after the completion of the construction
contract, the COUNTY shall provide the CITY with a final statement of UTILITY
IMPROVEMENT WORK and bill the CITY for any remaining costs in excess of the
payments already made, or refund any excess to the CITY. Upon the completion of
the construction and completion of Record Drawings, the COUNTY shall deliver
one set of reproducible Record Drawings and one electronic copy related to the
UTILITY IMPROVEMENT WORK, to the CITY, for their files.
Page 4 of 7
5. GENERAL PROVISIONS
5.1 LAWS OF OREGON
The parties shall comply with all applicable laws and regulations regarding 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 Chapter 279A and 279C to be included in public contracts are
incorporated and made a part of this Agreement as if fully set forth herein.
5.2 DEFAULT
Time is of essence in the performance of the Agreement. Either party shall be
deemed to be in default if it fails to comply with any provisions of this Agreement.
The non-defaulting party shall provide the other party with written notice of default
and allow thirty (30) days within which to cure the defect.
5.3 INDEMNIFICATION
This Agreement is for the benefit of the parties only. 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 omissions 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.
5.4 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.
5.5 DISPUTE RESOLUTION
The 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.
5.6 REMEDIES
Subject to the provisions in paragraph 5.5, any party may institute legal action to
cure, correct or remedy any default, to enforce any covenant or agreement herein,
Page 5 of 7
or to enjoin any threatened or attempted violation of this Agreement. All legal
actions shall be initiated in Washington County Circuit Court. The parties, by
signature of their authorized representatives below, consent to the personal
jurisdiction of that court.
5.7 EXCUSED PERFORMANCE
In addition to the specific provisions of this Agreement, performance by any party
shall not be in default where delays or default is due to war, insurrection, strikes,
walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God,
governmental restrictions imposed or mandated by governmental entities other
than the parties, enactment of conflicting state or federal laws or regulations, new
or supplementary environmental regulation, litigation or similar bases for excused
performance that are not within the reasonable control to the party to be excused.
5.8 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.
5.9 INTEGRATION
This Agreement is the entire agreement of the parties on its subject and
supersedes any prior discussions or agreements regarding the same subject.
6. TERMS OF AGREEMENT
6.1 The term of the Agreement shall be from the date of execution until the completion
of the PROJECT, but not to exceed five (5) years.
6.2 This Agreement may be amended or extended for periods of up to one (1) year by
mutual consent of the parties. It may be canceled or terminated for any reason by
either party. Termination or cancellation shall be effective thirty (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 any additional costs as necessary.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
CITY OFTIGARD, OREGON WASHINGTON COUNTY, OREGON
G50`,,j Z),. Andy Duyck
MAY OR CHAIR, BOARD OF COUNTY
COMMISSIONERS
DATE: . DATE:
ATT_ S -
CITY RECORDER RECORDING SE RETARY
APPROVED AS TO ORM: APPROVED AS TO FORM:
{
C ATTOR Y COUNTY C6rJNSEL
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER# 13 "
DATE 3 -19 —L-I
BY
CLERK OF T .BOARD
Page 7 of 7
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WASHINGTON COUNTY S.W.WALNUT ST IMPROVEMENTS Legend
OREGON 116TH TO TIEDEMAN Light Rail
AND WALNUT/135TH INTERSECTION Railroads
For more Information,contactA' Highways
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Pat Oakes, Project Manager Major Roads
Engineering and Construction Services Minor Roads
Phone 503-846-7826 Private Roads
Fax 503-846-7810
Email patrick_oakes@co washington or us Project Location
Map Date August 2,2012 Q County Boundary
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CITY OFTIGARD UTILITY IMPROVEMENTS
A WASHINGTON COUNTY AS PART OF THE WALNUT STREET PROJECT Leslend
OREGON %/ /•, ProjectArea1°
uapDate DeoembtrM,2[112 Sanitary Line Extension
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DISCLAIMER.
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installation of Franchise Utility
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City of Tigard
` RECORDS
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New Records Transmittal
Department: PW/Engineering Division Code: 6250 Date: 4/10/13
Prepared by: Laura Barrie Extension: 2465 Dept. Box No.
Description Dates Retention Code
Washington County IGA For Transportation and 4/9/2013 to no 166-200-0135
Utility Improvements on SW Walnut Street (SW longer than 5 years (4) (b) —10 years after
116th Avenue to SW Tiedeman Avenue and at the unless amended substantial
intersection of SW 1351h Avenue completion
* * *TO BE COMPLETED BY RECORDS DIVISION STAFF * * *
Laserfiche ❑Yes ❑ No Vault ❑Yes ❑ No Entered by: Date:
I/Design and Communications/Records/New Records Transmittal—1/6/11