Clean Water Services (Various) - Scholls Ferry Trunk Sewer Extension Phase 1 �l
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF BEAVERTON,CITY OF TIGARD,AND
CLEAN WATER SERVICES TO CONSTRUCT PHASE 1 OF
THE SCHOLLS FERRY TRUNK SEWER EXTENSION
This Agreement, dated 1 , 2013,is between CLEAN WATER
i SERVICES(District), a county service district organized under ORS Chapter 451,the CITY OF
BEAVERTON(Beaverton), an Oregon Municipality, and the CITY OF TIGARD (Tigard), an
Oregon Municipality.
A. RECITALS
ORS 190.003 190.110 encourages intergovernmental cooperation and authorizes local
governments to delegate to each other authority to perform their respective functions as
necessary.
District, Tigard, and Beaverton intend to undertake the Scholls Ferry Trunk Sewer
Extension Project(Project)to extend gravity sewer from Barrows Road westward along Scholls
Ferry Road to the intersection of Roy Rogers Road. This Project'has been endorsed by the
Capital Improvement Program Prioritization Committee. The Project will be constructed in three
phases. This Intergovernmental Agreement covers Phase 1 only. Subsequent phases will be
documented under separate Intergovernmental Agreements.
NOW, THEREFORE,the parties agree as follows:
B. PROJECT DESCRIPTION
The Phase 1 sanitary sewer improvement consists of constructing approximately 1,792
linear feet of 21-inch diameter sanitary sewer, 565 linear feet of small diameter sanitary sewer
(8-inch to 12-inch), 17 manholes and appurtenances on Scholls Ferry Road from Roy Rogers
Road to a point 610 feet west of the west curbline of the Barrows Road Roundabout(Phase 1).
Beaverton will design Phase 1. Phase 1 will be constructed by a contractor selected by
Washington County LUT (County)to widen Scholls Ferry Road. The County will administer
the construction of Phase 1 as part of its Scholls Ferry widening Project from SW Roy Rogers
Road to SW Teal Boulevard(Road Project). See Exhibit A attached hereto for the Phase 1
location.
C. DEFINITIONS
1. Capital Improvement Program Prioritization Committee—This Committee has been
established by District and the Member Cities of Beaverton, Cornelius, Forest Grove,
Hillsboro, Tigard, Tualatin,and Sherwood.
2. Beaverton Phase 1 Planning and Design Cost—Beaverton labor and benefit costs and
consultant costs paid by Beaverton associated with services outlined in Section E.1-6.
3. Phase 121-inch Sewer Cost— 100%of the construction and non-construction costs for
the 21-inch sewer main,appurtenances, and manholes on the 21-inch mainline for Phase
Page 1 —Intergovernmental Agreement
1 paid by District to County pursuant to the Intergovernmental Agreement between
District and County dated ,2013 (County IGA) and covers County's cost
for construction and non-construction services such as survey, Phase 1 construction
management and administrative costs.
4. Beaverton Phase 1 Sewer Cost—construction and non-construction costs for any 6-inch
to 12-inch sewer mains, laterals, appurtenances,and manholes extending northward from
the 21-inch sewer main and all manhole adjustments for Phase 1 paid by District to
County pursuant to the County IGA.
5. Tigard Phase 1 Sewer Cost- construction and non-construction costs for any 6-inch to
12-inch sewer mains,laterals, appurtenances, and manholes extending southward from
the 21-inch sewer main paid by District to County pursuant to the County IGA in Phase
1.
D. DISTRICT OBLIGATIONS
District shall:
1. Provide direction to Beaverton regarding the size of the sewer trunkline and the location
of the west terminus for future connection.
2. Review the plans and specifications provided by Beaverton for Phase 1 and provide
comments to Beaverton within ten working days of receiving them.
3. Enter into a separate Intergovernmental Agreement with County to administer
construction of the Phase 1 improvements.
4. Pay County for construction and non-construction costs as required in the County IGA.
5. Have the right to approve or reject a Beaverton employee selected to serve as District's
Project Manager for Phase 1.
6. Have the right to review, approve or reject any proposed design change or Extra Work as
defined in the County IGA, or other change to Phase 1.
7. Have the right to provide a list of items to be completed prior to final acceptance of Phase
1.
8. Invoice Beaverton for 16.3%of the Phase 1 21-inch Sewer Cost and 100%of the
Beaverton Phase 1 Sewer Cost less 67.4%of the Beaverton Phase 1 Planning and Design
Cost upon completion of Phase 1.
9. Invoice Tigard for 16.3%of the Phase 1 21-inch Sewer Cost and 100%of the Tigard
Sewer Cost for Phase 1 upon completion of Phase 1.
10. Provide written evidence to Beaverton and Tigard that funds are allocated for the
District's share of Phase 1 before construction begins.
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E. BEAVERTON OBLIGATIONS
Beaverton shall:
1. Select, contract with and pay consultants to perform a geotechnical investigation,utility
locates and environmental assessment for use in designing and obtaining permits for
Phase 1. The design plans shall use the County Roadway Survey and design plans as the
base document.
2. Provide all planning,design, specifications,permits and inspection for Phase 1.
3. Provide timely reviews and comments on County design documents and timely response
to other Phase 1 information requests.
4. Provide Tigard and District at least ten days to review plans and specifications for Phase
1 at 70% and 90%completion, and incorporate review comments into the plans.
5. Provide technical consultation to County during construction as needed.
6. Appoint a Beaverton employee acceptable to District to serve as the District's project
manager for Phase 1 and coordinate with County during construction.
7. Obtain District's consent before taking any of the following actions for Phase 1: a)
authorizing any design changes,b) approving any change order`s, c) authorizing use of
contingency line items, or d)resolving any disagreement, dispute, delay or claim.
8. Provide District and Tigard documents that establish the Beaverton Phase 1 Planning and
Design Cost.
9. Provide timely responses to bidders' questions about Phase 1. If necessary,provide
District and County with an addendum no later than five business days prior to the bid
opening for Phase 1.
10. Provide construction inspection of Phase 1 bid items including review and approval of
shop drawings, submittals;and onsite inspection to determine compliance with the
contract documents. Coordinate onsite inspectioris of Phase 1 bid items through
County's lead inspector. Beaverton's inspector shall be onsite and responsible for
enforcing all applicable specifications during all Phase 1 work, including but not limited
to night work, accommodations for public traffic and work zone traffic control in
coordination with the County's lead inspector. Beaverton shall provide Phase 1 daily
reports, erosion reports, field directives,pay notes and quantities to County in a timely
manner in County-provided format and coordinate with the County's lead inspector.
11. Provide District written notice that Phase 1 is complete and obtain District's approval for
final acceptance of Phase 1 prior to making recommendations to County regarding
releasing bonds, or issuing final payment to the contractor.
12. Provide District as-built construction drawings for Phase 1 within 60 days after the Road
Project is deemed complete and acceptable to District. The as-built drawings shall be
provided in camera-ready hardcopy, 11 x 17 inches with a CD in both pdf and AutoCAD
digital format.
13. Coordinate and participate with District on any disagreements, disputes, delays or claims
related to or as a result of Phase 1.
Page 3 —Intergovernmental Agreement
14. Pay District 16.3%of the Phase 1 21-inch Sewer Cost and 100%of the Beaverton Phase
1 Sewer Cost less 67.4% of the Beaverton Phase 1 Planning and Design Cost,not to
exceed$325,000 for Beaverton's portion of Phase 1 as defined in this Agreement,within
30 days of approving the invoice. The invoice shall include full progress payment
amounts,including typical construction retainage.
15. Invoice Tigard for 16.3%of the Beaverton Phase 1 Planning and Design Cost upon
completion of Phase 1 of the Project.
16. Provide written evidence to District and Tigard that funds are allocated for Beaverton's
share of Phase 1 before construction begins.
17. Inform the Phase 1 construction contractor in writing of District's right to withhold final
acceptance.
F. TIGARID OBLIGATIONS
Tigard shall:
1. Review the plans and specifications provided by Beaverton for Phase 1 and provide
comments to Beaverton within ten working days of receiving them.
2. Pay District, 16.3%of the Phase 1 21-inch Sewer Cost and 100% of the Tigard Sewer
Cost for Phase 1 as defined in this Agreement,not to exceed$325,000, within 30 days of
approving the invoice. The invoice shall include full progress payment amounts,
including typical construction retainage.
3. Pay Beaverton, 16.3%of the Beaverton Phase 1 Planning and Design Cost,not to exceed
$32,600 for Tigard's portion of Phase 1 as defined in this Agreement, within 30 days of
approving the invoice.
4. Provide written evidence to District and Beaverton that funds are allocated for Tigard's
share of Phase 1 before construction begins.
G. GENERAL TERMS
1. Laws and Regulations. Beaverton,Tigard and District agree to abide by all applicable
laws and regulations including their own purchasing rules.
2. Term of this Agreement. This Agreement is effective from the date the last party signs it
and shall remain in effect until Phase 1 of the Project is complete and the parties'
obligations have been fully performed or this Agreement is terminated as provided
herein.
3. Amendment of Agreement.-Beaverton,Tigard and District may amend this Agreement,
from time to time,by mutual written agreement.
A. Proposed changes of scope during the Project implementation must be reviewed
and endorsed by the Capital Improvement Program Prioritization Committee.
Changes necessitated by conditions discovered during design or construction,but
Page 4—Intergovernmental Agreement
consistent with the original scope of Phase I of the Project, must be approved by
District.
B. During the duration of the Washington County construction contract,all parties to
this Agreement will act reasonably and cooperatively to make decisions in a timely
fashion to avoid contract change orders/delay claims and added County
Administrative charges.
4. Termination. This Agreement may be terminated immediately by mutual written
agreement of the parties, or by any of the parties notifying the others in writing prior to
award of a construction contract, with the termination being effective in 30 days.
5. Inte ation. This document constitutes the entire agreement between the parties on the
subject matter hereof and supersedes all prior or contemporaneous written or oral
understandings,representations or communications of every kind on the subject. No
course of dealing between the parties and no usage of trade shall be relevant to
supplement any term used in this Agreement. Acceptance of acquiescence in a course of
performance rendered underthis Agreement shall not be relevant to determine the
meaning of this Agreement and no waiver by a party of any right under this Agreement
shall prejudice the_waiving party's exercise of the right in the future.
6. Indemnification. ''Within the limits of the Oregon Tort Claims Act, codified at ORS
30.260 through 30.300, each of the parties shall indemnify and defend the others and
their officers, employees, agents, and representatives from and against all claims,
demands,penalties, and causes of action of any kind or character relating to or arising
from,this Agreement(including the cost of defense thereof,including attorney fees) in
favor of any person on account of personal injury, death,damage to property, or violation
of law,which arises out of, oiresults from,the negligent or other legally culpable acts or
omissions of the indemnitor, its employees, agents, contractors or representatives.
7. Resolution of Disputes. -If any dispute out of this Agreement cannot be resolved by the
project managers from each party,the Beaverton Mayor, Tigard City Manager and
District's General Manager will attempt to resolve the issue. If the Beaverton and Tigard
Mayors and District's General Manager are not able to resolve the dispute,the parties
will submit the matter to mediation, each party paying its own costs and sharing equally
in common costs. In the event the dispute is not resolved in mediation,the parties will
submit the matter to arbitration. The decision of the arbitrator shall be final, binding and
conclusive upon the parties and subject to appeal only as otherwise provided in Oregon
law.
8. Interpretation of Agreement.
A. This Agreement shall not be construed for or against any party by reason of the
authorship or alleged authorship of any provision.
B. The paragraph headings contained in this Agreement are for ease of reference
only and shall not be used in construing or interpreting this Agreement.
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9. Severability/Survival. If any of the provisions contained in this Agreement are held
illegal, invalid or unenforceable,the enforceability of the remaining provisions shall not
be impaired. All provisions concerning the limitation of liability, indemnity and conflicts
of interest shall survive the termination of this Agreement for any cause.
10. Approval Required. This Agreement and all amendments,modifications or waivers of
any portion thereof shall not be effective until approved by 1)District's General Manager
or the General Manager's designee and when required by applicable District rules,
District's Board of Directors 2)Beaverton,and 3) Tigard. Proposed changes of scope
must also be approved by the Capital Improvement Program Prioritization Committee.
11. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising
out of the Agreement shall be governed by Oregon law. All disputes and litigation
arising out of this Agreement shall be decided by the state courts in Oregon. Venue for
all disputes and litigation shall be in Washington County, Oregon.
CLEAN WATER SERVICES CITY
By:
BEAVERTO ,O GON
By: By:
General Mana or Designee Mayor or Desinee
Date: /-Z ) �` i Date:
APPROVED AS TO FORM APPROVED AS TO FORM
District Couns 1 City Counsel
CITY OF TIGARD \
1
City ManAger or Designee
APPROVED AS TO FORM.
Counsel
Page 6—Intergovernmental Agreement
Exhibit A
Project Location Map
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Page 7—Exhibit A—Project Location Map
Intergovernmental Agreement