Washington County - Beef Bend Road Waterline gee
INTERGOVERNMENTAL AGREEMENT BETWEEN
WASHINGTON'.COUNTY AND CITY OF TIGARD
FOR SW.BEEF BEND ROAD WATERLINE
1
This Agreement is made and entered,into.by and 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 of the State .of Oregon, acting by and through its City Council,
hereinafter referred to as City.
WITNESSETH
ARTICLE I - RECITALS
WHEREAS, ORS 190.003 - 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, County has funds for roadway improvements that include the Major
Streets Transportation Improvement Program (MSTIP3), approved by
Washington County voters on May°16, 1995, which authorizes funds for specific
roadway improvements;and,
WHEREAS, County has a project that . is funded by MSTIP3 to make
improvements to SW Beef Bend Road, a County arterial roadway, between SW
King Arthur Avenue and SW 131"t Avenue; hereinafter referred to as the
"Project," as shown generally on the attached Exhibit A; and,
WHEREAS, City desires to install a 24 inch diameter waterline for a distance of
approximately, 3,400 feet along SW Beef Bend Road, and said City waterline is
hereinafter referred to as "Waterline" and is shown generally on the attached
Exhibit A; and,
WHEREAS, City has requested that the Waterline be added to the County's Beef
Bend Road Project; and.City agrees to pay for such requested work; and, .
WHEREAS, under the cited authority, it is the mutual desire of County and City
to enter into such an Agreement to cooperate in.the design and construction of
Waterline.
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NOW, THEREFORE, the premises being in general as stated in the foregoing
recitals, and in consideration of the terms, conditions and covenants set forth
below, the parties hereto agree as follows:
ARTICLE IL-COUNTY OBLIGATIONS
1. County shall. enter._into and execute this Agreement during a duly
authorized session of its Board of County Commissioners.
2. County shall, upon execution of this Agreement, assign a liaison,person to.
be responsible for coordination of the Project with City.
3. County shall perform or cause to be performed all actions necessary'for
design and construction of Project, including design engineering, contract
administration, construction engineering and .inspection, and project
management. County shall advertise. ,for, award, and administer the
construction contract. County. shall be responsible Jor acceptance of
contractor's work on behalf of City.
4. The County 'shall' review Waterline plans provided by the City, and
incorporate the Waterline as a specific bid item(s) in its bid documents for
the Project. The County reserves the right to require alignment or other
design modifications to Waterline plans provided by the City as necessary
to. minimize impacts to the Project. The Project shall be designed to
County standards. The. Waterline shall be designed. to. City standards.
Waterline pipe shall be 24" ductile iron.
5. County shall provide City with the opportunity for design review of final
plans prior to bidding.
6. County shall, following bid opening, notify City of the amount the
construction cost of the Waterline as contained in the construction
contract bid and provide City with the opportunity for review of the contract
bid.
7. County shall provide inspection services for Waterline trench excavation
and backfill, and City shall provide 'inspection services for Waterline
installation. Coordination between County and City inspection services
shall be as set forth under Article III.
8. County shall perform actions regarding compensation -as set forth in
Article IV- Compensation.
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ARTICLE III - CITY OF TIGARD OBLIGATIONS:
1. City shall enter into and execute this Agreement during a duly-authorized
session of the City.Council:.
2. City shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of Project with County.
3. City shall provide engineering plans and specifications for the Waterline to
the County.
4. City shall provide inspection and monitoring of the Waterline installation in
coordination with the County. City shall monitor all "acceptance testing"
conducted by the contractor as specified, which includes disinfection,
pressure .testing, and valve box installations. These..services shall be
provided at City expense.
5. City shall perform actions regarding compensation as set forth in Article IV
- Compensation:
ARTICLE IV— COMPENSATION
1. City,shall pay to the County the County's Waterline construction cost, the
additional construction cost to the Project caused by -inclusion of the
Waterline in the Project, and the non=construction cost for the Waterline.
The Waterline construction cost shall include the actual construction cost
of applicable unit price contract items and.an allocated share of the cost of
applicable lump sum contract items (for example; traffic:control, erosion
control), and the cost for any extra work required for the Waterline
construction. The additional construction cost to the Project (stormwater
line) caused by inclusion of the Waterline in the Project is determined to
be $17,460, representing the added cost. of ductile iron pipe, which is
calculated as the estimated cost of ductile iron pipe ($60 per foot x 873
linear feet, or $52,380) less the estimated cost of concrete pipe ($40 per
foot x 873 linear feet, or $34,920). The non-construction cost':shall include
the cost for design engineering, contract management, construction
engineering and inspection, and project management, which shall be
calculated as a flat rate of 15 percent of the Waterline construction cost .
(amount paid to the County's construction contractor for :Waterline work
including extra work). The estimated construction cost.of the Waterline is
$700,000, the additional construction cost to the Project caused by
inclusion of the Waterline in the Project is determined to be $17,460, and
the estimated non-construction cost for the Waterline is $105,000
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($700,000 x 15 .percent), for a total estimated cost for the Waterline of
$822,460. It.is understood that the estimated costs are used to determine
project budget and deposit amounts used within .this agreement. Final
costs will be based on actual bid 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 bids and
construction costs.. .
2. City shall, no later than 7 days prior to bid opening, deposit with the
County an amount equal to 10 percent of the estimated cost of the
Waterline,-.or$82;246 ($822,460 x 10 percent).
3. County shall, at least once each calendar quarter, prepare and .submit
invoices to the City in sufficient detail and in a form jacceptable to the City
for the cost of Waterline work in exce SS of the City`deposit. County shall,
within 90 days after completion of the project, prepare and submit a final
statement of expenditures to, the, City. Final payment will be based on
actual quantities determined;as provided by the specifications.
4. City shall pay County for Waterline costs as billed'within thirty (30) days
after receipt of County billing.
ARTICLE V - GENERAL PROVISIONS
1. 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.
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 writtennotice of default and allow thirty (30)
days within which to cure the defect. City. shall pay the County for costs incurred
for satisfactorily completed and authorized work up to-the time of.default. Each
party shall be liable for all costs and damages arising from.default by the other
party.
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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 responsible for any contract claims, delay damages or similar items
caused by the action or inaction 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 which are prepared or developed 'in
connection with this Project shall become public property.
5. 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.
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, the dispute shall be
settled by binding arbitration .conducted by the Arbitration Service of Portland,
Inc., and judgment upon the award rendered by,the arbitrator may be entered in
any court having jurisdiction thereof. The arbitration shall be before a single
arbitrator. The cost of arbitration shall, be shared equally; provided, however,
that the arbitrator may award,.*costs and fees to the prevailing party. The
arbitration shall be held within 60 days of selection of the arbitrator unless
otherwise agreed to by,the parties.
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
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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 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 County.
9. Integration
This Agreement includes the entire Iagreement 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 VI - TERM OF AGREEMENT
1. The term of this Agreement shall be from the date of execution for three
years or until completion of all obligations, whichever is later.
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 lor terminated for any reason
beyond the control of the parties.'
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IN WITNESS WHEREOF, the parties hereto'have set their hands and affixed
their seals as of the day and year hereinafter written.
DONE AND DATEDthis� day of .Ccs ' 1999.,
WASHINGTON COUNTY, OREGON CITY,OF TI :RD
Chair, Board of Commissioners Mayr/--- -
ATTEST:
ayATTEST:
Recording.Secy ry 'City Recor er
APPROVED AS TO FORM:
IaP�C)Vl D WAS14INGTON COUNTY
Loretta . Skurdahl BOARD OF COMMISSIONERS
IvICI�dUTG ORDER 0 ....1.I
Senior Assistant County Counsel .....1��....>...N....
DATEDATE ..... ..\`\\ .•:................u..WN.Y..
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BEEF BEND ROAD / KING ARTHUR, STREET TO 1319T AVENUE
AND' 131ST AVENUE t FISCHER ROAD
INTERGOVERNMENTAL AGREEMENT WITH CITY OF TIGARD FOR WATERLINE
EXHIBIT A
WASHINGTON COUNTY
APRIL 1999 END BEEF BEND-STA 43+74
END WATERUNE-STA4,4+12
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