Washington County - BCC 13-0405 Scholls Ferry Road (Roy Rogers to Barrows Road) a CC, /3-0
INTERGOVERNMENTAL AGREEMENT
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON
SW SCHOLLS FERRY ROAD (SW ROY ROGERS ROAD TO SW BARROWS ROAD)
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, COUNTY has an approved and funded Major Streets Transportation
Improvement Program project to construct road improvements to SW Scholls Ferry Road,
a County Arterial Street, from SW Roy Rogers Road to SW Barrows; and
3. WHEREAS, CITY as the designated public service provider, maintains certain public
infrastructure within the Rights-of-Way of SW Scholls Ferry Road under permit from
COUNTY; and
4. WHEREAS, CITY desires COUNTY to have water utility improvement work completed
within and in conjunction with the road improvement project limits along SW Scholls Ferry
Road; and
5. WHEREAS, this agreement will result in considerable cost savings to CITY and COUNTY
by coordination of roadway and infrastructure improvements. Coordination with the
COUNTY project improvements listed above is a benefit to the community by reducing
costs, the number of road traffic restrictions and length of time needed to accomplish the
work identified; and
6. WHEREAS, under such authority, it is the desire of the COUNTY and CITY to enter into
such an Agreement to cooperate in the design and construction of the improvements to
the water line as part of the road improvements to SW Scholls Ferry Road, with the
allocation of responsibilities as detailed below; and
7. WHEREAS, it is the desire of COUNTY and CITY to enter into his agreement to allocate
responsibilities for funding, design and construction of all the above-described
improvements.
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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:
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 SW Scholls Ferry Road between
SW Roy Rogers Road to SW Barrows Road, hereinafter referred to as "ROAD
PROJECT" as shown generally on the attached Exhibit A.
1.2 The CITY project work includes installation of approximately 2200 feet of 18-inch water
line, installation of approximately 40 feet of 12-inch waterline, valves, fire hydrants,
water testing stations and respective appurtenances, hereinafter collectively referred
to as "CITY PROJECT' as shown generally on the attached Exhibit B.
1 .3 The ROAD PROJECT and the CITY PROJECT are referred to herein as the
"PROJECT".
2. COUNTY OBLIGATIONS
2.1 Upon execution of this agreement, COUNTY shall assign a project manager to be
responsible for oversight of the PROJECT during the design, bidding and
construction phase of the PROJECT and provide timely coordination with CITY.
2.2 COUNTY shall perform, or cause to be performed, all actions necessary for the
design and construction of the Road PROJECT including project management,
design and construction engineering, regulatory and land use permits and
approvals, public information, contract administration, and construction
management. COUNTY shall coordinate the design of, advertise for, award, and
administer the construction contract for the PROJECT.
2.3 COUNTY shall incorporate the plans, specifications, and bid items provided by CITY
for the CITY PROJECT, into final bid documents and bid schedule for PROJECT.
2.4 COUNTY will provide CITY three (3) working days following bid opening to review
and approve the bid results for the CITY PROJECT. COUNTY may award the
construction contract, including the CITY PROJECT bid items, unless the CITY
informs COUNTY in writing, prior to award, that it wishes to cancel its construction
as part of the PROJECT.
2.5 After bid award, COUNTY shall obtain CITY approval for any contract change order
or proposed design or other changes to the CITY PROJECT.
2.6 COUNTY shall require all contractors to include "City of Tigard, its elected and
appointed official, officers, agents, employees and volunteers" as additional insured
on insurance coverage required for construction work performed in completing the
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PROJECT.
2.7 COUNTY shall require all contractors to provide worker's compensation coverage
pursuant to ORS for all subject workers performing work in connection with this
Agreement.
2.8 COUNTY shall establish a unique project number and compile accurate cost
accounting records, which shall be available for examination by CITY upon
reasonable notice and retain said records as established by ORS.
2.9 COUNTY shall provide a final cost accounting for the CITY PROJECT, including all
internal and external costs, to the CITY within 60 days of final acceptance and
payment to the contractor.
2.10 COUNTY shall provide written notice that the CITY PROJECT is complete and
obtain CITY'S final acceptance prior to final lift paving of the PROJECT and prior to
releasing bonds or issuing final payment to the contractor.
3. CITY OBLIGATIONS
3.1 Upon execution of this Agreement, CITY shall assign a project manager to be
responsible for coordination of the PROJECT with COUNTY.
3.2 CITY shall provide to COUNTY biddable construction documents including
construction plan sheets, specifications, and bid schedule for the CITY PROJECT.
The CITY PROJECT bid items shall be incorporated into the overall Project Bid
Schedule.
3.3 CITY shall provide timely responses to bidder's questions about the CITY
PROJECT during advertisement of the Project. If necessary, provide COUNTY with
addendum no later than five (5) business days prior to the Project bid opening.
3.4 CITY shall provide construction inspection of the CITY PROJECT bid items
including review and approval of shop drawings, submittals, and onsite inspection to
determine compliance with the contract documents. CITY's onsite inspections of
the CITY PROJECT bid items shall be coordinated through COUNTY'S lead Project
inspector. CITY's onsite inspector shall be onsite and responsible for enforcing all
applicable specifications during all CITY PROJECT work, including but not limited to
night work, accommodations for public traffic and work zone traffic control. CITY has
the right to approve the final acceptance of the CITY PROJECT. CITY shall provide
CITY PROJECT daily reports, field directives, pay notes and quantities to COUNTY
in a timely manner in COUNTY-provided format and coordinate with COUNTY lead
inspector.
3.5 CITY shall have the right to approve any design or other change to the CITY
PROJECT WORK portions of the PROJECT.
3.6 CITY shall provide timely reviews and comments on COUNTY design documents
and timely response to other PROJECT information requests. CITY shall provide
the COUNTY as-built construction drawings for the CITY PROJECT within sixty (60)
days after work is deemed complete and acceptable by the COUNTY. The as-built
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drawings shall be provided in Camera-ready hardcopy, 11x17 inches, with a CD in
AutoCAD digital format.
3.7 CITY shall coordinate and participate with COUNTY on any disagreements,
disputes, delays or claims related to or as a result of the CITY PROJECT.
3.8 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 and non-construction costs of the CITY PROJECT work. Construction
costs include bid item quantities used for CITY PROJECT work and any City-related
Extra Work bid item costs, and the proportional cost of applicable lump sum bid
items (e.g. mobilization, TP&DT, erosion control, etc). Non-construction costs of
COUNTY services, computed at a flat rate of 15% of the CITY PROJECT WORK
construction costs, shall be charged to and paid by City and include the following:
the cost of COUNTY services including project construction management,
surveying, inspection and construction contract administration.
The City has provided estimated construction costs which are:
Water Line Improvements $700,000
Non-construction Costs of County Services (15%) $105,000
Estimated Total Construction Cost $805,000
3.9 CITY and COUNTY understand that the 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. GENERAL PROVISIONS
4.1 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.
4.2 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.
4.3 INDEMNIFICATION
This Agreement is for the benefit of the parties only. Each party agrees to indemnify
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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.
4.4 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.
4.5 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, with the parties sharing equally in the cost of a
neutral third party. 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.
4.6 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,
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.
4.7 EXCUSTED 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.
4.8 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.
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4.9 INTEGRATION
This Agreement is the entire agreement of the parties on its subject and supersedes
any prior discussions or agreements regarding the same subject.
5. TERMS OF AGREEMENT
5.1 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.
5.2 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.
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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
%021 - A Du k
MAYO
CHAIR, BOARD OF COUNTY
COMMISSIONERS
DATE: GZ�i 11-4 . Q13 DATE:
ATTEST:
CITY RECORDER
APPROVED AS TO FORM: RECORDING SE ETARY
APPROVED AS TO FORM:
" &L' c). W.Jdl7w-,
CITY ATTORNEY (�!Lc
COUNTY COUNSEL
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER # .......IN3......I..L. ..........
DATE................................ �..^.� ..«.
BY ............. Q'�d!�.. .. .
CLERK OF THS
I
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WASHINGTON COUNTY
N'-Z� OREGON Exhibit A
S.W. SCHOLLS FERRY ROAD WIDENING
ROY ROGERS ROAD TO TEAL BOULEVARD
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