CWS, Beaverton - Barrows Road Sewer Upsizing Project No.6791 INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF BEAVERTON, CITY OF TIGARD,AND
CLEAN WATER SERVICES TO CONSTRUCT
THE BARROWS ROAD SEWER UPSIZING PROJECT
(PROJECT NO.6791)
This Agreement, dated r Z-3 2015, is between CLEAN WATER
SERVICES(District), a coup service district organized under ORS Chapter 451, the CITY OF
BEAVERTON(Beaverton), an Oregon municipal corporation, and the CITY OF TIGARD
(Tigard), an Oregon municipal corporation.
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 Barrows Road Sewer Upsizing
Project 6791 (Project)to replace the existing 8-inch gravity sewer with a new 24-inch gravity
sewer and install street lighting. This Project has been endorsed by the Capital Improvement
Program Prioritization Committee.
NOW, THEREFORE, the parties agree as follows:
B. PROJECT DESCRIPTION
The sewer portion of the Project consists of constructing approximately 1,650 linear feet
of 24-inch diameter sanitary sewer and manholes, as needed,from the eastern terminus of an
existing 24-inch sewer pipe in SW Barrows Road at SW Merganser Lane to a manhole
approximately 1,600 feet eastward on SW Barrows Road at SW 154`i' Ave, and connecting to the
existing sewer line, believed to be 18 inches,near CWS Manhole No. 16660, all as shown on
Exhibit A, attached hereto.
The street lighting portion of the Project consists of installing two new street lights,
including lights, poles and bases,junction boxes, conduit and wiring, near the intersection of SW
Barrows Road and SW 154`x' Ave.
Beaverton will design and permit the Project. District will select the construction
contractor, inspect, and administer the construction contract for the Project.
C. DEFINITIONS
1. Beaverton Planning and Design Cost—Beaverton labor and benefit costs and
consultant costs paid by Beaverton associated with the services outlined in
Section E, excluding street lighting design costs.
Page 1 —Intergovernmental Agreement
2. Capital Improvement Program Prioritization Committee—The committee
established by District and the member cities of Beaverton, Cornelius, Forest
Grove,Hillsboro, Tigard, Tualatin, and Sherwood to identify and prioritize
sanitary and storm system improvement projects throughout District's service
area.
3. Retaining Wall and Fence Cost—Includes the cost of all design work, all line
items, bid schedules, restoration work, change orders, any associated restoration
work, design, overhead, bidding, inspection and project administration that can be
accurately allocated to the chainlink fence and concrete segmental retaining wall,
and the prorated share of all general construction line items(mobilization, work-
zone traffic control, erosion control), as described in the Project Description for
retaining wall and fence work, and any other costs associated with bidding and
installing or modifying the retaining wall and fence.
4. Sewer Cost—Includes public bidding costs, cost of all line items, bid schedules,
change orders, any associated restoration work, overhead, inspection,project
administration, and any other costs associated with bidding and installing or
modifying the new sanitary sewer line.
5. Street Lighting Cost—Includes the cost of all design work, all line items, bid
schedules, restoration work, change orders, any associated restoration work,
design, overhead,bidding, inspection and project administration that can be
accurately allocated to the street lighting, and the prorated share of all general
construction line items(mobilization, work-zone traffic control, erosion control),
as described in the Project Description for street lighting work, and any other
costs associated with bidding and installing or modifying the street lighting.
D. DISTRICT OBLIGATIONS
District shall:
1. Appoint Bradley Crement or another employee acceptable to Beaverton as District's
project manager.
2. Provide direction to Beaverton on the anticipated capacity requirements of sewer lines
larger than 12 inches in diameter.
3. Review plans and specifications provided by Beaverton and, within ten days of receipt,
provide comments to Beaverton.
4. Provide written evidence to Beaverton and Tigard that funds for District's share are
available prior to bidding for the fiscal year in which payment is due.
5. Prepare bid documents utilizing design drawings and specifications supplied by
Beaverton, advertise for bids, respond to bidder questions, including issuance of
necessary addenda, and select a contractor to construct the Project.
6. Provide timely response to contractor's Project information requests.
Page 2—Intergovernmental Agreement
7. Require all contractors to include Beaverton and Tigard as additional insureds on
insurance coverage required for construction work performed in completing the Project.
8. Administer construction of the Project and pay contractor all contract costs.
9. Construct the Project and provide construction, inspection, and management services for
the Project.
10. Consult with and inform Beaverton and Tigard on proposed changes to the Project, such
as design changes, field directives, change orders, or use of the contingency line items, as
well as updates regarding the resolution of any disagreement, dispute, delay or claim.
11. Provide construction inspection of the Project bid items, including review and approval
of shop drawings, submittals, and onsite inspection, to determine compliance with the
contract documents. District's inspector shall be onsite as much as possible when the
contractor is working on the Project. The inspector will be responsible for enforcing all
applicable specifications during the Project work, including, but not limited to,night
work and weekend work, and accommodations for public and work zone traffic.
12. Obtain Beaverton's approval for any proposed street lighting design or other changes to
the street lighting work. Obtain Beaverton's consent before taking any of the following
actions for the street lighting work: a) authorizing any design changes,b) approving any
change orders, or c)authorizing use of contingency line items.
13. Obtain Beaverton's approval for any proposed retaining wall or fence design or other
changes to the retaining wall and fence work. Obtain Beaverton's consent before taking
any of the following actions for the retaining wall and fence work: a) authorizing any
design changes, b) approving any change orders, or c) authorizing use of contingency line
items.
14. Provide final acceptance of the Project, following Beaverton's inspection and approval of
its portion of the work.
15. Provide Beaverton as-built mark-ups from contractor and inspector for all underground
work within 10 days of final acceptance of the Project.
16. Assist Beaverton with any required notice, public involvement, or communication with
the neighborhood and property owners within the Project limits. Respond to public calls
arising from work being completed for the Project.
17. Track Sewer Cost,Retaining Wall and Fence Cost, and Street Lighting Cost separately.
18. Provide documentation of the Sewer Cost, Retaining Wall and Fence Cost, and Street
Lighting Cost to Beaverton and Tigard prior to invoicing.
19. Upon final acceptance of the Project, invoice Beaverton 7.8%of the Sewer Cost, 100%
of the Retaining Wall and Fence Cost, and 100%of the Street Lighting Cost, less 84.4%
of the Beaverton Planning and Design Cost, upon final acceptance of the Project unless
the result is negative. If the result is negative,pay Beaverton 84.4%of the Beaverton
Planning and Design Cost less 7.8%of the Sewer Cost, 100%of the Retaining Wall and
Fence Cost, and 100%of the Street Lighting Cost, not to exceed$40,000.
20. Invoice Tigard 7.8%of the Sewer Cost upon final acceptance of the Project.
Page 3 —Intergovernmental Agreement
21. Require payment in full from Beaverton and Tigard prior to allowing Beaverton and
Tigard to connect to the portion of the pipe from the manhole at SW 154th Ave west
through SW Roy Rogers Road.
E. BEAVERTON OBLIGATIONS
Beaverton shall:
1. Appoint Andrew Barrett or another employee acceptable to District, as Beaverton's
project manager.
2. Select, contract with, and pay consultants to perform surveying, civil investigations,
utility locates,potholing, environmental consultation, and other work as necessary for use
in designing and obtaining permits for the Project.
3. Provide all necessary planning, design, special specifications, and permits for the Project.
4. Provide Tigard and District at least ten business days to review plans and specifications
for the Project at 50%, 90%, and 100%completion, and incorporate their review
comments into the plans.
5. Prior to bidding, provide written evidence to District and Tigard that funds for
Beaverton's share are available for the fiscal year in which payment is due.
6. Assist District with providing timely responses to bidders' questions about the Project. If
necessary, provide District with revised design drawings or exhibits no later than five
business days prior to the bid opening, for issuance of addenda.
7. Review traffic control plans provided by contractor within ten days of receiving them and
and provide written comment. Provide written acceptance of traffic control plan.
8. Provide construction inspection of the Project roadway, pathway, trench backfill, and
street lighting items (asphalt, base rock, retaining wall, chainlink fence, fill material
above the pipe zone, and street light equipment), including review of and comment on
shop drawings, submittals, and onsite inspection, to determine compliance with the
contract documents. Beaverton's inspector shall be onsite as much as possible and
responsible for enforcing all applicable specifications relating to roadway repairs,
pathway construction, installation of retaining and fence, trench backfilling, and street
lighting, including but not limited to night and weekend work.
9. Provide timely response to District for any proposed changes to the Project, such as
design change, field directive, change order, or use of the contingency line item.
10. Provide District written notice accepting roadway repairs, pathway construction and
street light installation within ten days of receiving notice from the District that
Beaverton's portion of the Project work is complete.
11. Provide District as-built construction drawings for the Project within 60 days after Project
acceptance. The as-built drawings shall be based upon contractor and inspector mark-ups
and survey if needed. As-builts shall be provided in camera-ready hard copy, 11 x 17
inches, with a CD in both PDF and AutoCAD digital format.
Page 4—Intergovernmental Agreement
12. Provide any required notice and communicate with the neighborhood and property
owners within the Project limits. Take the lead in coordinating public involvement
related to the Project.
13. Coordinate and participate with District to aid in resolving any disagreement, dispute,
delay or claim related to, or as a result of, the Project.
14. Waive any land use or permit fees for work related to the Project.
15. Provide documentation of the Beaverton Planning and Design Cost to District and
Tigard,prior to invoicing.
16. Upon being invoiced,pay District 7.8%of the Sewer Cost, not to exceed $73,000, less
84.4%of Beaverton's Planning and Design Cost,plus 100%of the Retaining Wall and
Fence Cost and 100%of the Street Lighting Cost, unless the result is negative. Payment,
if required, shall be made within 30 days of approving the invoice.
17. Upon completion of the Project, invoice Tigard for 7.8%of Beaverton's Planning and
Design Cost.
F. TIGARD OBLIGATIONS
Tigard shall:
1. Appoint Jeff Peck or another employee acceptable to District and Beaverton as Tigard's
project manager.
2. Review plans and specifications provided by Beaverton for the Project and provide
comments to Beaverton within ten working days of receiving them.
3. Provide written evidence to District and Beaverton that funds for Tigard's share are
available prior to bidding for the fiscal year in which payment is due.
4. Waive any land use or permit fees for work related to the Project.
5. Provide timely response to District on any proposed changes to the Project such as design
change, field directives, change orders, or the use of the contingency line item; provide
timely responses regarding the resolution of any disagreement, dispute, delay or claim
related to, or as a result of the Project.
6. Pay District 7.8%of the Sewer Cost as bid and modified during construction, not to
exceed $73,000, upon completion of the Project and within 30 days of approving the
invoice.
7. Pay Beaverton 7.8%of Beaverton's Planning and Design Cost, not to exceed $12,000,
upon completion of the Project and within 30 days of approving the invoice.
8. Prior to bidding,provide written evidence to District and Beaverton that funds for
Tigard's share are available for the fiscal year in which payment is due.
G. GENERAL TERMS
1. Laws and Regulations. Beaverton, Tigard, and District agree to abide by all applicable
laws and regulations.
Page 5 —Intergovernmental Agreement
2. Term of this Agreement. This Agreement is effective from the date the last party signs it
and shall remain in effect until the Project is complete and the parries' 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
consistent with the original scope of the Project, may be approved by District and
Beaverton for the Project without further approval from the Capital Improvement
Program Prioritization Committee.
B. The construction contract amount may be increased by up to 20%without
amending this Agreement, provided the increase shall not exceed any not-to-
exceed amount contained in this Agreement.
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. Integration. 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 parries and no usage of trade shall be relevant to
supplement any term used in this Agreement. Acceptance or acquiescence in a course of
performance rendered under this 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 parries 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, or results from, the negligent or other legally culpable acts or
omissions or errors 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 they 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
Page 6—Intergovernmental Agreement
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.
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. Ayproval 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's Mayor, and 3)the Tigard City Manager or
the City Manager's designee. Proposed changes of scope to the Project 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 OF BEAVERTON, OREGON
By: /J-VC_
General Man or Designee Mayor or Designee
/
Date: ?z��' �J Date: d /�J �.f-
APPROVED AS TO FORM APPROVED AS TO FORM
PC„ X44-
District Counsel City Attorney
Page 7—Intergovernmental Agreement
CITY OF TIGARD
City Manager or gree
APPROVED AS TO FORM
'<C7.
Aoj�--- -
City Attorney
Page 8 — Intergovernmental Agreement
b
� uc
oa CD
CD
EXHIBIT A
C
� a SW BARROWS ROAD
a �
C SANITARY SEWER UPSIZING
PROJECT
o QQ-�
G �
LU
�O EXISTING 18"SEWER
r INSTALLED 1989 "z✓
CONNECTION POINT
RD U) NEAR CWS MANHOLE�y
NO 16660
EX 21"SEWER
INSTALLED REPLACE EX 6"SEWER
10M14 z VV TH 24"SEWER
O
z
N