ODOT - BCC 09-0517 Washington County - Right-of-way for Greenburg/Hwy 99/Main Street INTERGOVERNMENTAL AGREEMENT _
BETWEEN SC C 6 t7' 6,D1 7
CITY OF TIGARD, OREGON
AND
WASHINGTON COUNTY, OREGON
I. PURPOSE
This agreement is entered into between City of Tigard, Oregon (City) and Washington County,
Oregon (County),pursuant to ORS 190 010, et seq
The purpose of this agreement is for County to provide the assistance of its Right-of-Way Section
staff to City, to purchase the right-of-way needed for Greenburg/Hwy 99W/Main Street
Intersection Improvement Project, under the jurisdiction and control of City, and City has the
authority to enter into an agreement to procure such right-of-way assistance This agreement shall be
construed in accordance with ORS 190 030
II. SCOPE OF WORK AND COOPERATION
A The process to be followed by the parties in carrying out this Agreement is set out in the
Special Agreement Provisions Said Special Agreement Provisions are attached hereto
and by this reference made a part hereof as Exhibit"A"
B County agrees to
1 Provide a Right-of-Way Agent and other Right-of-Way staff as needed and available
to perform right-of-way acquisition and related services For purposes of this
agreement, right-of-way acquisition and related services shall consist of all tasks
required by applicable laws,regulations, and the State of Oregon's Right-of-Way
Manual relating to the acquisition of property for a public project,together with the
administration of contracts for such tasks,but not including legal services
2 Ensure the County Right-of-Way Agent and staff competently and in good faith
perform the duties of this agreement
3 Designate Rod Bliss as the County's contract administrator for this agreement
C City agrees to
1 Provide access to all documents, survey maps, and other records or materials relating
to its projects and property to be acquired which may be necessary for County to
perform the duties under this agreement and to provide or approve appropriate letters
and forms for notices, grants of deed or easement, and other required documents
relating to right-of-way acquisition City shall provide information relating to its
internal processes for contracting services, approving deeds, documents, and
settlements, processing property owner payments, and all similar information
necessary to the right-of-way acquisition process
2 Provide the compensation or reimbursement to County that is necessary to perform
services under this agreement, as more fully set forth in Exhibit A, at the rates listed
in Exhibit B, a copy of which is attached hereto and hereby incorporated by
reference Notwithstanding any other provision to the contrary, the total amount of
compensation or reimbursement to County for services provided pursuant to this
Agreement shall not exceed the sum of$105,000
3 Designate the Tigaid City Engineer as the contract administrator for this agreement
The contract administrator shall be authorized to request all services under this
agreement
III. COMPENSATION
A City agrees to pay County for services provided pursuant to this agreement in an amount
equal to the hourly rate specified in Exhibit"B " Payments are to be made to County and
not the individual(s) performing services under this agreement County shall invoice City
monthly for salary, benefits, and expenses provided under Section 1I, A, B & C above If
outside appraisal services are required, County shall include the cost of such services in
its invoices Expenses and costs for appraisal services shall be billed at cost, with no
mark-up
B City shall review the invoices and pay all non-disputed amounts within 30 days of receipt
of the invoice
C All compensation for right-of-way, other property interests, and other monetary
obligations to property owners shall be paid directly by City
D The not-to-exceed amount in Section II C 2 above is based on County's good faith
estimate of the cost to perform services described in this agreement Due to the
uncertainties inherent in the nature of right of way acquisition and relocation for public
projects, there is no guarantee that this amount is sufficient to complete all such services
requned for City's project In the event County determines that additional work will be
required to complete Project services, and compensation will be required beyond the
amount in Section II C 2, it shall Inform the City's project manager If the partie-3 agree,
an amendment will be prepared to increase the compensation If the parties do not agree,
County shall provide all work products and files to City, and shall be relieved of any
obligation to perform additional services under this Agreement
IV. SPECIAL REQUIREMENTS
A City and County agree to comply with all applicable local, state, and federal ordinances,
statues, laws, and regulations It is further agreed both parties will strictly follow the
rules, policies and procedures of the "Uniform Relocation Assistance and Real Property
Acquisition Policy of 1970" as amended, ORS 35 510, State of Oregon's Right-of-Way
Manual, and Federal Highway Administration Federal Aid Policy Guide
B If the services of an independent appraiser are required, County shall utilize its existing
contract for such services, obtain one or more quotes for the services, select the lowest
responsible, responsive appraiser and direct the appraiser to proceed with the work
C Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims
Act, ORS 30 260 to 30 300 and the Oregon Constitution, each party agrees to indemnify,
hold harmless, and defend each other and their respective officers, councilors,
commissioners, agents and employees, from and against all claims, demands, actions, and
suits (including all attorneys fees and costs), arising out of or based upon the
mdemnitor's performance of the Agreement where the loss of claim is attributable to the
negligent acts or omissions of that party Each party agrees to maintain insurance levels
or self-insurance in accordance with ORS 30 282 for the duration of this Agreement at
levels necessary to protect against public liability as specified in ORS 30 270
D All County employees shall remain employees of County However, County employees
shall have authority to act on behalf of City as set forth in Exhibit A
E All payroll and financial records pertaining in whole or in part to this contract shall be
clearly identified and readily accessible Such records and documents shall be retained
for a period of three (3) years after receipt of final payment under this contract,provided
that any records and documents that are the subject of audit findings shall be retained for
a longer time until such audit findings are resolved.
F. City and County agree that they jointly own any and all data,documents,plans working
papers, and any other materials that County or its consultants,if any,produces in
connection with the Project Scope described in this Agreement. Upon completion of the
Project County shall convey all such materials to City, and they shall thereafter be the
sole property of City.
G. The agreement is expressly subject to all applicable debt limitations on Oregon counties
and cities as set forth in the Oregon Constitution, state statute or the Washington County
or Tigard City Charter and is contingent upon funds being appropriated therefor. Any
provision herein which would conflict with that law is deemed inoperative to that extent.
V. TERMS OF AGREEMENT
This agreement becomes effective upon execution and terminates after the last property acquisition is
completed on the project or December 31,2010,whichever occurs last.
This agreement may be terminated prior to the expiration of the agreed term:
1. By mutual written consent of the parties;
2. By either party upon 30-days notice to the other, effective upon delivery of written notice
by certified mail or in person.
VI. ACCEPTANCE AND EXECUTION OF THE AGREEMENT
In witness to.the.above agreement and covenanting to be bound to its conditions,the following
parties.affix their authorized signatures.
CITY OF TIGARD, OREGON WASHINGTON COUNTY,OREGON
BYAND OUGH ITS BY AND THROUGH ITS
CITY CO CIL BOARD OF COMMISSIONERS
City M ager Chair
,&AMC& ge,4v"O'�
Recording Secreta
Date:�/.3�y' Date: ( / Z� )
City of Tigard 155 North First Avenue
13125 SW Hall Blvd Hillsboro,OR 97124
Tigard, OR 97223
Approved As to borm: Approved As to Form:
i
Loretta S. Skurdahl
City Attorney,City of Tigard Sr. Assistant County Counsel
Date: _-J —1 Date:
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTEORDER# .....a.9..- a7
........................
DATE ...o..ouUa-'3.11NOM•N•NN•MU.H••• ••w••••••e
EXHIBIT "A"
SPECIAL AGREEMENT PROVISIONS
A Preliminary Phase
1 County will provide preliminary cost estimates
2 County will make preliminary contacts with property owners
3 City will develop access and approach road list
4 City will help provide field location and project data
B Acquisition Phase
1 General
a When doing the acquisition work, County will provide City with a
status report of the project
b Title to properties acquired shall be in the name of City
2 Legal Descriptions
a City will provide sufficient surveys, vesting deeds, maps and other data so that
legal descriptions can be written
b , City will write legal descriptions, prepare right-of-way maps, provide
constriction plans and cross-section information for the project
c City will specify the degree of title to be acquired (e g fee, easement)
3 Real Property and Title Insurance
a City will provide preliminary title reports before negotiations for acquisitions
commence
b City will determine sufficiency of title (taking subject to)
4 Appraisal
a County will secure appraisals of properties to be acquired
b County will make review appraisals by qualified personnel
5 Negotiations
a County will tender all monetary offers to landowners in writing at the
compensation shown in the appraisal review Any settlements taken for more
than the appraisal review will be documented by an Administrative
Justification for the increase and will need City's approval
b County will submit any construction obligations not listed on the construction
plans to City for approval
6 Relocation (If Needed)
a County will perform any relocation assistance, make replacement-housing
computations, and do all things necessary to relocate any displaced parties on
the project
b City will make all relocation and moving payments for the project
c County will perform the Relocation appeal process
C Closing Phase
1 City will close all transactions This includes drawing deed, release and
satisfactions necessary to clear title and making all payments If County is to
provide this service then City will provide County approved as to form
documents
2 County will obtain signatures on deed documents and release documents
3 City will record conveyance documents
D Property Management (If Needed)
1 City will take possession of all the acquired properties
2 City will dispose of all improvements and excess land
E Condemnation
1 City will handle entire condemnation process
EXHIBIT 6613"
Washington County's
CAPITAL, PROJECT MANAGEMENT DIVISION
Right-of-Way Staff s Billing Rates
Budget year July 2008 through June 2009
POSITION PER HOUR RATE
Right-of-Way Supervisor $117 91/hr *
Right-of-Way Agent $101 67/hr *
Survey Tech III $ 85 45/hr *
Administrative Specialist II $ 61 50/hr *
Management Analyst I** $ 85 54/hr *
Administrative Assistant** $ 71 97/hr *
Sr Accounting Assistant** $ 71 29/hr *
*These hourly rates are subject to change July I" of every calendar year
" These aie the positions in our Financial Section of Capital Project Management Division that
�� ;1� does the Intergovernmental Agrcenients-processing and billings for the Divisional Staff