Washington County - Street Improvements (Walnut) INTERGOVERNMENTAL AGREEMENT
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM
FOR ROADWAY IMPROVEMENTS TO:
SW WALNUT STREET: SW''121st AVENUE to SW 135th AVENUE
CITY OF TIGARD
THIS AGREEMENT is made and entered into by and between WASHINGTON
COUNTY, acting by and through its Elected Officials, he referred to as"COUNTY";
and the CITY OF TIGARD, acting by and through its City Council, hereinafter referred to as
"CITY."
WITNESSETH
ARTICLE 1 ,- RECITALS
WHEREAS, Washington County voters in May, 1995, approved a Major Streets
Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP.3); and in
May 1997, the voters approved Measure 50, which converted the MSTIP3 levy to a part of
the COUNTY permanent rate; and
WHEREAS, one of the MSTIP 3 projects is the construction of improvements to SW
Walnut Street, a City of Tigard major collector road between SW 1.21st Avenue and SW
Gaarde Street and an arterial between SW Gaarde Street and SW 136th Avenue, herein
after referred to as the "PROJECT", as shown generally on the attached Exhibit'A;•and
WHEREAS, on June 23, 1998, the Board of CountyCommissioners (BCC) adopted a
revised schedule for construction of the MSTIP 3 projects and indicated its intent to
proceed with the MSTIP3 projects on a revised schedule in light of the fiscal impact of
Measure 50; and
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; and
WHEREAS, CITY desires to design and construct utility improvement work (waterline,
sanitary sewer, and franchise underground conduits) and paving work within the project
limits along SW Walnut Street, in conjunction with the PROJECT. The said. CITY
waterline, sanitary sewer, franchise underground conduits, and paving improvements are
herein after referred to as"Utility and Paving Improvement Work"and are further described
and shown on attached Exhibit A; and,
WHEREAS, CITY has requested that the design, constructiorf, and inspection of the Utility
and Road Improvement Work be added to the PROJECT,and CITY agrees to pay for such
requested utility improvement work; and,
WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to enter
into such an Agreement to cooperate in the design and construction of the improvements
to the waterline, sanitary sewer,franchise underground conduits and paving as part of the
PROJECT, with the allocation of responsibilities as detailed below;
NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and
in consideration of the terms, conditions and covenants as set forth below, the parties
hereto agree as follows:
ARTICLE 2 —WASHINGTON COUNTY OBLIGATIONS
1. COUNTY shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of PROJECT with CITY.
2. COUNTY shall perform,or cause to be performed, all actions necessary for the design
and construction of the PROJECT(including the Utility and Paving Improvement Work),
project management, design and construction engineering, right-of-way acquisition,
regulatory and land use permits and approvals, contract administration, and
construction management. COUNTY shall coordinate the design of, advertise for,
award, and administer the construction contract for the PROJECT.
3. COUNTY shall review Utility and Paving Improvement Work plans, bid items,quantities
and technical specifications and incorporate the Utility Improvement Work as specific
bid items into the bid documents for the PROJECT. The COUNTY reserves the right to
require alignment or other design modifications to the Utility and Paving Improvement
Work to minimize impacts to the PROJECT.
4. COUNTY shall provide CITY with the opportunity for design review of final plans prior to
bidding.
5. COUNTY shall, following the bid opening, notify the CITY of the amount of the
construction cost of the Utility and Paving Improvement Work as contained in the bid
and provide CITY the opportunity for review of the contract bid proposal prior to
contract award.
6. COUNTY shall provide inspection services for Utility and Paving Improvement Work
trench excavation and backfill, and CITY shall provide inspection and testing services
for Utility and Paving Improvement Work installation on behalf of the CITY.
Coordination between the COUNTY and CITY inspection services shall be as set forth
under Article 3— City Obligations.
7. COUNTY shall provide a final cost accounting for the PROJECT, including all internal
and external costs, to the CITY within 90 days of final acceptance and payment to the
contractor.
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8. COUNTY shall perform actions regarding compensation as set forth in Article 4 —
Compensation.
ARTICLE 3 - CITY OF TIGARD OBLIGATIONS
1. CITY shall, upon execution of this Agreement,assign a liaison person to be responsible
for coordination of PROJECT with COUNTY.
2. CITY shall provide inspection and testing of Utility and Paving Improvement Work
installation in coordination with the COUNTY. CITY shall monitor all "acceptance
testing" conducted by the construction contractor as specified by the construction
documents or franchise utility owner,which may include disinfection, pressure testing,
and vault and valve box installation. Testing and monitoring shall be at the City's
expense.
3. CITY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 4 - COMPENSATION
1. DESIGN:As design work upon the PROJECT is performed,County shall,on a quarterly
basis, prepare and submit design invoices to CITY for the cost of the work for Utility and
Paving Improvement Work. Estimated design costs are $67,536 for Waterline
Improvements design; $15,612 for Sanitary Sewer Improvements design; $73,154 for
Franchise Underground Conduits design, and $0 for Paving Improvements, for a total
design cost of$156,302.
Within thirty days of the execution of this agreement, CITY shall pay the COUNTY
the sum of$39,076 (approximately one-fourth of estimated Utility and Paving
Improvement Work design). Upon depletion, the quarterly statement from the
COUNTY shall include the amount due from the CITY for Utility and Paving
Improvement Work. CITY shall pay COUNTY the amount due within thirty (30) days
of its receipt of the billing.
Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the
COUNTY for the actual amount of its cost incurred for the design of the Utility and
Paving Improvement Work.
2. CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the
CITY for the construction of the Utility and Paving Improvement Work. Estimated
construction costs are $532,000 for Waterline Improvements; $20,000 for Sanitary
Sewer Improvements; $588,750 for Franchise Underground Conduits; and $42,017
for Paving Improvements, for a construction total of$1,182,767.
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Within thirty days of the execution of the construction contract, CITY shall pay the
COUNTY the sum of$295,692 (approximately one-fourth of estimated Utility and
Paving Improvement.Work)...,:Upon depletion .the;.quartedy statement from the
COUNTY shall include the amount due from.the CITY for Utility and Paving
ImprovementWork..� CITY.shall pay.COUNTY the amount due within"thirty (30) days
of,its-'receipt of the;billing.
In addition to Utility and Paving Improvement Work bid items, CITY.shall also pay
COUNTY any,easement,acquisition cost associated with the Utility and Paving
Improvement Work, an allocated share of the costs of applicable lump sum contract
items (i.e. mobilization, erosion control), extra work'required forthe Utility and
Paving Improvement Work and non-construction costs. Non-construction costs
include the.cost,of COUNTY.services including project management, surveying,
inspection and construction contract administration which shall be calculated at a
flat rate of fifteen percent (15%) of the Utility and Paving Improvement Work
construction costs.
3. CITY and.COUNTY understand that the design and construction costs are estimates
and are used to determine project budgets and deposit amounts used within this
agreement. Final costs will be based on the actual contract amount of the schedule of
prices and quantities used and installed. Final payments.made by.the CITY to the
COUNTY related to this PROJECT shall be based on actual design invoices,:actual bid
prices, construction quantities and non-construction:costs
4. COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work expenses within ninety (90) days of the completion of the final
design phase. Within ninety(90)days after the completion of the construction contract,
the COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work.and bill.the CITYfor any remaining costs.in excess of the deposits
made, orrefund;any:excess tothe CITY :,Upon,the completion of the construction and
completion of. Record, Drawings, the COUNTY:.shall deliver one.set of reproducible
'Record-D,rawings,xelatedJo the Utility.,and,Paving.Improvement Work;toAhe,CITY,for
their files::
ARTICLE 5 — PROJECTDEFINITION.AND SCOPE .
1. DEFINITION: The PROJECT shall be defined,as the road Mrovements.to SW
Walnut Street,.between SW.121 st,and SW 135 Avenues, rand is
the third;phase:of athree-phase project to,make,improvements to
th
the section of-Walnut Street from�.1�21 , Avenue.to,136i,Venue.
All construction,shall,meet;CITY,_standards
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2. SCOPE: The scope of improvements associated with the PROJECT shall
include, but not be limited to:
A) 'Reconstruction;and'videning of SW'WalnuY Street to
accommodate three lanesof traffic (two-1146ot`.tr6vef lanes
with a-12-foot,centerturn,lane), two 5400t:bike lanes,.curbs,
gutters and 6-foot sidewalks along both:sides.from SW 121"
Avenue to SW 135th Avenue.
B) All required storm drainage improvements including water
quality facilities, grading, landscaping, illumination, signing,
striping and other associated work.
C) CITY desired elements for improvements to existing utility
facilities, including upgrades to waterlines, sanitary sewers
and installation of franchise underground conduits. Also
included is the overlay of a portion of SW Walnut Street
between SW 1:31St and SW 1291h Avenues.
ARTICLE 6 - GENERAL PROVISIONS -
1. LAWS OF OREGON
The parties agree to abide by all applicable laws and regulations regarding the
handling and expenditure of publid 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 apart
of this Agreement as if fully set forth herein.
2. DEFAULT
Either party shall be deemed to be in default if it fails to comply with any provision of
this Agreement. CITY and COUNTY agree time is of the essence in the
performance of any of-the obligations within this Agreement. Complaining party
shall provide`the other party with written notice of default and allow thirty(30)days
within which to cure the defect. CITY shall pay the COUNTY for all costs incurred
for satisfactorily completed and authorized work up to the time of default. CITY or
COUNTY shall be liable for all costs and damages arising from their default.
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,forpersonal 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
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indemnifying. and/or its officers, employees, agents or representatives.
Indemnification is subject to and shall notexceed the limits of liability of the Oregon
,Tort Claims Act(ORS 30.260 through 30.003). In addition;each party shall be solely
responsible.for any contract claims, delay damages or similar items arising from or
caused by the action orlinaction=of.the party
4. DOCUMENTS ARE PUBLIC-PROPERTY -
All records, reports, data, documents,,systems, and concepts, whether in the form
of writings,figures, graphs,or models that are prepared or developed in connection
with the PROJECT, shall become public property.
5. MODIFICATION OF AGREEMENT
No waiver, consent, modification or change of terms of this Agreementshall bind
either party unless in writing and 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.
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 remedythey may have.
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.
8. NONDISCRIMINATION
No person shall be denied or subjectedlo discrimination in receipt of the benefits of
any services or activities madepossible 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:shal[be grounds for cancellation,termination or suspension in:whole or
in part:by the COUNTY.
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 orwritten, not specified,herein
regarding this contract.
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ARTICLE 7 -TERM OF AGREEMENT
.1. The term of.this Agreement shall be from the date of execution for four (4) years.
2. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
DONE AND DATED this day of , 2004.
CITY OF TIGARD WASHINGTON COUNTY, OREGON
Mayo Chair
Date: FGbrua Dater Z -zAI-DAll
APPROVED WASHINGTON COUNTY
BOARD,OF:COMMISSIONERS :
ATTEST: MfNUTE ORDER 0 .....................
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DATE ..l��o� ......................................
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11�1City Recorder ecording Secreta
APPROVED AS TO'FORM:
oretta S. Skurdahl
Senior Assistant County Counsel
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