Tualatin Valley Water District - Waterline Improvements on SW 69th/Dartmout TIGARD TRIANGLE LOCAL IMPROVEMENT DISTRICT NO. 1
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF TIGARD AND TUALATIN VALLEY WATER DISTRICT- WATERLINE
IMPROVEMENTS ON SW 69TH AVENUE BETWEEN SW DARTMOUTH STREET AND SW
BAYLOR STREET
This agreement is entered into between City of Tigard, a political subdivision of the State
of Oregon, hereinafter referred to as "City", and the Tualatin Valley Water District, a special
district, hereinafter referred to as "TVWD"
WITNESSETH
RECITALS
WHEREAS, on February 26, 2008 City of Tigard City Council approved a Local
Improvement District and the project provides for construction of improvements to SW 69th
Avenue between SW Dartmouth Street and SW Baylor Street, hereinafter referred to as the
"Tigard Triangle LID No. 1 project," as shown generally on the attached Vicinity Map, and
WHEREAS, the Tualatin Valley Water District desires to construct improvements to its
waterline system in the vicinity of the Tigard Triangle LID project, and said TVWD improvements
are hereinafter referred to as "waterline work", and
WHEREAS, TVWD has requested that the waterline work be added to the Tigard Triangle
LID project, and TVWD agrees to pay for such requested work, and
WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements
for the performance of any or all activities and functions that a party to the agreement has the
authority to perform.
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth below,
the parties hereto agree as follows:
ARTICLE I - CITY OF TIGARD OBLIGATIONS
1.1 The City of Tigard hereby designates the City Engineer, or designee, as the City of
Tigard's representative to be responsible for coordination of the project with TVWD.
1.2 The City of Tigard shall perform all tasks needed to implement the Tigard Triangle LID
No. 1 project, including but not limited to project design, right-of-way acquisition,
construction, and construction management and administration, provided that the City of
Tigard and TVWD shall perform actions with respect to the waterline work as further set
forth in this agreement.
1 3 The City of Tigard shall include waterline work design plans and technical specifications
prepared by Group MacKenzie (also the City's engineer for this project) under separate
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contract to TVWD, and shall incorporate the waterline work as specific bid items in its bid
documents for the Tigard Triangle LID No. 1 project. The waterline design, plans and
specifications shall conform to TVWD's current published standards for such
improvements The City of Tigard reserves the right to prepare the design plans so as to
minimize impacts to the Tigard Triangle LID project.
14 The City of Tigard shall provide TVWD with the opportunity to review and comment on
preliminary design and 65% and 90% design plans and specifications The City of
Tigard shall revise the waterline design, plans and specifications as needed to address
TVWD's comments or consult with TVWD to resolve differences.
1.5 The City of Tigard shall advertise for, award, and administer the construction contract for
the Tigard Triangle LID No. 1 project. The City of Tigard shall be responsible for
acceptance of the contractor's work on behalf of TVWD
1 6 The City of Tigard shall, following bid opening, notify TVWD of the amount of the
construction cost of the waterline work as contained in the bid, and provide TVWD with
the opportunity for review of the contract bid.
1.7 The City of Tigard shall provide inspection services for waterline work trench excavation
and backfill The City of Tigard shall coordinate inspection services with TVWD
inspection services as set forth in Article II.
ARTICLE II —TUALATIN VALLEY WATER DISTRICT-OBLIGATIONS
2.1 TVWD shall, upon execution of this agreement, assign a liaison person to be responsible
for coordination of the project with the City of Tigard
2.2 TVWD shall provide necessary design coordination including review of design plans for
the waterline work as the design plans are prepared In general, review comments on
preliminary, 65% and 90% plans and specifications shall be returned to the City of Tigard
within two weeks following receipt of draft design documents.
2.3 TVWD shall provide inspection and monitoring of the waterline work in coordination with
the City of Tigard TVWD shall monitor all "acceptance testing" conducted by the
contractor as specified in the construction contract, which includes disinfecting, pressure
testing, and valve box installations. These services shall be at TVWD expense.
24 Unless otherwise agreed during design review, TVWD will be responsible for all
connections from the new waterline to the existing distribution system and for transfer of
water service lines to the new waterline.
ARTICLE III —COMPENSATION
31 TVWD shall pay to the City of Tigard the City of Tigard's waterline work construction cost
and waterline work non-construction cost. The scope of waterline work that is to be
compensated generally includes the following:
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Scope of Waterline Work
SW 69th Avenue
• Connect to an existing 12-inch waterline in NW in SW 69th Avenue
approximately 270 feet north of the centerline of SW Dartmouth Street
® Extend the 12-inch water line to the northerly extent of the Tigard Triangle
LID, a point approximately 130 feet south of the centerline of SW Baylor
Street.
SW Clinton Street
Connect to the existing 12-inch waterline in SW Clinton Street
The waterline work construction cost includes contract bid items used for the waterline
work, an allocated share of the cost of applicable lump sum contract items (for example,
mobilization and erosion control), and the cost for any extra work required for the
waterline work. The non-construction cost includes (a) the actual design engineering
cost incurred by the City of Tigard' engineering consultant (TVWD separate agreement
directly with Group MacKenzie), and (b) and the cost for other City of Tigard services
including project management, surveying, inspection, and contract administration, which
shall be calculated as a flat rate of 15% of the waterline work construction costs.
The estimated construction cost of the waterline work is $154,000, as shown below.
Figure 2
Estimated Cost of Waterline Work
Construction $140,000
Consultant Design (agreement direct) --
City of Tigard Project Administration and
Inspection @ 15% of Construction 14,000
Total $154,000
Round To $155,000
Within thirty (30) days of execution of a construction contract for the Tigard Triangle LID project,
TVWD shall deposit with the City of Tigard the sum of$50,000 as a deposit for the construction
work
32 TVWD and City of Tigard understand that estimated costs are used to determine project
budget and deposit amounts used in this agreement. Final payments made by TVWD to
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the City of Tigard will be based on actual contract bid schedule prices and quantities
used and installed.
33 The City of Tigard shall submit quarterly billing statements to TVWD, which will include
the amount due from TVWD for the waterline work.
34 TVWD shall, within thirty days of its receipt of a billing from the City of Tigard, pay the
City of Tigard the amount due, less credit for any deposit held by the City of Tigard
35 The City of Tigard shall provide TVWD with a final statement of waterline work expenses
within 90 days of the completion of the construction contract, and bill TVWD for any
remaining costs to be paid by TVWD in excess of deposits made, or refund any excess
to TVWD.
ARTICLE IV - GENERAL PROVISIONS
41 Laws of Oregon
The parties agree to abide by all applicable laws and regulations regarding the handling
and expenditure of public funds. This agreement shall be governed by the laws of the
State of Oregon. All provisions required by ORS Chapter 279 to be included in public
contracts are hereby incorporated by reference and made a part of this agreement as if
fully set forth herein
4.2 Default
Either party shall be deemed to be in default if it fails to comply with any provision of this
agreement. The City of Tigard and TVWD agree time is of the essence in the
performance of any of the obligations within this agreement. The complaining party shall
provide the other party with written notice of default and allow thirty (30) days within
which to cure the defect. TVWD shall pay the City of Tigard for costs incurred for
satisfactorily completed and authorized work up to the time of default. TVWD shall be
liable for all costs and damages arising from default by TVWD.
4.3 Indemnification
This agreement is for the benefit of the parties only. Each party agrees to indemnify and
hold the other harmless, to include their respective officers, employees, agents and
representatives, 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
rising out of services performed, the omission of services or in any way resulting from
the acts or omissions of the parties so indemnifying and/or its officers, employees,
agents or representatives. 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.
4.4 Documents are Public Property
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All records, reports, data, documents, systems, and concepts, whether in the form of
writings, figures, graphs, or models which are prepared or developed in connection with
this project shall become public property.
45 Modification of Agreement
No waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing, signed by both parties Such waiver, consent, modification or
change, if made, shall be effective only in specific instances and for the specific purpose
given.
4.6 Dispute Resolution
The parties agree to use their best efforts to resolve any dispute arising out of this
agreement by mediation. If mediation is not successful within 30 days, the parties are
free to utilize any legal remedy they may have.
4.7 Severability
If any terms or provisions of this agreement or the application thereof to any person or
circumstance shall, to any extent, be determined by a court to be invalid or
unenforceable, the remainder of this agreement and the application of those terms and
provisions shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
48 Nondiscrimination
No person shall be denied or subjected to discrimination in receipt of the benefits of any
services or activities made possible by or resulting from this agreement on the grounds
of race, color, religion, gender, sexual orientation, national origin, disability, age or
marital status Any violation of this provision shall be considered a material defect and
shall be grounds for cancellation, termination or suspension in whole or in part by the
City of Tigard.
4.9 Integration
This agreement includes the entire agreement of the parties and supersedes any prior
discussions or agreements regarding the same subject. There are not understandings,
agreements, or representations, oral or written, not specified herein regarding this
contract.
ARTICLE V -TERM OF AGREEMENT
5.1 The term of this agreement shall be from the date of execution for three years.
52 This agreement may be amended or extended for periods of up to one year by consent
of the parties, subject to provisions of this agreement. Except for breach, it may be
canceled or terminated for any reason beyond the control of the parties.
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CITY OF TIGARD, OREGON TUALATIN VALLEY WATER DISTRICT
PRINT ME PYNL
ME/
CITY MANGER, GANAGER,
CITY OF TIGARD TUALATIN VALLEY WATER DISTRICT
Date Date.
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