Washington County - Water Line Lateral Improvements at Bull Mountain/Roshak Intersection acc P - Dyya
INTERGOVERNMENTAL AGREEMENT
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR WATER LINE LATERAL IMPROVEMENTS WITHIN THE
BULL MOUNTAIN/ROSHAK INTERSECTION PROJECT
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, COUNTY has jurisdiction and control of portions of Bull Mountain and Roshak
Roads adjacent to the City of Tigard.
2. Whereas, COUNTY has an approved and funded project to improve the intersection of
Bull Mountain Road and Roshak Road in the Bull Mountain community. Project work
includes improving the intersection to include a 3 lane section in accordance with adopted
COUNTY plans with bike lanes and sidewalks on each side.
3. Whereas, CITY as the designated public service provider, maintains certain public
infrastructure within the Rights-of-Way of Bull Mountain and Roshak Roads under permit
from COUNTY.
4. Whereas, COUNTY under the provisions of said permit, can require CITY to relocate said
infrastructure if deemed necessary in conjunction with the planned improvements in the
interest of public safety and costs.
5. Whereas, CITY desires COUNTY to include the adjustment of water line laterals consistent
with the proposed roadways. County is willing to add these improvements to the road
project.
6. 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.
7. 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.
8. Whereas, It is the desire of COUNTY and CITY to enter into this agreement to allocate
responsibilities for funding, design and construction of all the above-described
improvements.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth below,
the parties hereto agree as follows:
1. PROJECT DESCRIPTION
1.1 The road project improvements will include: road widening, curbs, bike lanes and
sidewalks at the intersection of Bull Mountain Road, Roshak Road and 155"'Terrace,
hereinafter referred to as "ROAD PROJECT" and shown on said construction plans
which are on file at the COUNTY.
1.2 The utility work includes adjustment of water line laterals to adjacent properties
including adjustments of lateral access points, installation of appropriate water meters
and valves on the laterals, hereinafter collectively referred to as "WATER LINE
LATERAL WORK".
1.3 The ROAD PROJECT and the WATER LINE LATERALS WORK 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.
COUNTY shall be responsible for the following elements of the PROJECT:
a. Project Management
b. Final Design
c. Bidding and contract award
d. Construction, Construction Management and contract administration
e. Tracking cost and invoicing CITY within 45 days after PROJECT completion
date
2.2 COUNTY shall incorporate the plans, specifications and bid items provided by CITY
for the WATER LINE LATERALS WORK, into final bid documents and bid schedule
for PROJECT.
2.3 COUNTY will provide CITY five (5)working days following bid opening to review and
approve the bid results for the WATER LINE LATERALS WORK. COUNTY may
award the construction contract, including the water line lateral bid items, unless the
CITY informs COUNTY in writing, prior to award, that it wishes to cancel its
construction as part of the PROJECT.
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2.4 COUNTY shall provide CITY with at least three (3)working days to review the bid
construction documents at 100 percent design completion. CITY shall return
comments within three (3)working days. COUNTY shall incorporate CITY
comments pertaining to the WATER LINE LATERALS WORK portions into the
contract and bid documents. Any design issues that cannot be resolved by
COUNTY and CITY staff will be referred to the COUNTY or CITY Engineer for final
resolution, according to jurisdiction of the subject improvements.
2.5 COUNTY shall obtain CITY approval for any proposed design or other changes to
the WATER LINE LATERALS WORK.
2.6 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.
2.8 COUNTY shall require all contractors to include "City of Tigard, its elected and
appointed officials, officers, agents, employees and volunteers" as additional insured
on insurance coverage required for construction work performed in completing the
PROJECT.
2.9 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.
2.10 COUNTY shall keep the CITY informed of project progress and give the CITY
reasonable notice of the bid opening, notice to proceed, and substantial completion of
the PROJECT.
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 standard drawings and specifications to COUNTY for inclusion
into the bid documents prior to bid of the contract.
3.3 CITY shall provide an inspector and contractor submittal review for the WATER
LINE LATERALS WORK. This will include review of shop drawings and
construction inspection to determine compliance with the contract documents.
CITY tasks under this paragraph will be coordinated through COUNTY overall
project management. CITY has the right to approve the final acceptance of the
WATER LINE LATERALS WORK portions of the PROJECT.
3.4 CITY shall have the right to approve any design or other change to the WATER
LINE LATERALS WORK portions of the PROJECT.
3.5 CITY shall provide timely reviews and comments on COUNTY design documents
and timely response to other PROJECT information requests.
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3.6 Pay for costs listed below, not exceeding the cost limit contained in paragraph 3.7,
upon approval by the CITY Project Manager. Costs exceeding the dollar limit of
this Agreement require an amendment approved by an authorized CITY
representative. CITY will pay for costs to:
a. Design the WATER LINE LATERALS WORK
b. Prepare contract and bidding documents for the WATER LINE LATERALS
WORK as part of the PROJECT
c. Select a construction contractor
d. Construct and manage construction of the PROJECT
3.7 Pay a total not to exceed of$17,388 toward the cost of the WATER LINE
LATERALS WORK. Specific WATER LINE LATERALS WORK costs shall not
exceed the following:
a. Design $3,788.00
b. COUNTY administrative costs including project 15.0% of
management, contract administration and construction Estimated
management Construction
Cost (Item d.)
21.0% of
c. Allocated share of applicable lump sum bid items Estimated
including mobilization, temporary protection & direction of Construction
traffic, flagging and erosion control Cost (Item d.)
d. Estimated Construction Cost $10,000.00
Items 3.7.a and 3.7.d shall be paid to County based on actual invoices submitted
by COUNTY. Items 3.7.b and 3.7.c shall be paid to COUNTY as a lump sum after
COUNTY makes final payment to the construction contractor based on actual cost
of WATER LINE LATERALS WORK.
3.8 CITY•shall make payment for the cost of work performed under this agreement
within thirty (30) days of invoicing by COUNTY. Upon request to COUNTY, CITY
may inspect the accounting records and related documents upon which an invoice
is based.
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
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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 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. 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 4.5, 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 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,
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walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God,
governmental restrictions imposed on 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.
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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CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON
z
MAYOR CHAIR, BOARD OF COUNTY
COMMISSIONERS
DATE: J DATE: ot-
ATTEST:
CITY RECORDER RECORDING SE ETARY
APPROVED AS TO FORM:
APPROVED AS TO FORM:
CIT ORN OUN Y COUNSEL
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER# .......�.-A.a.........,
DATE .........................A..:T...e�....�.:d ....
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