Washington County - BCC 03-0704 Greenburg Road Improvements tba#- 03-01011
INTERGOVERNMENT AGREEMENT
BETWEEN:
Washington County and City of'Tigard
FOR ROADWAY IMPROVEMENTS TO:
Greenburg Road - Washington Square Drive to Tiedeman Avenue
THIS 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. County and City have determined that design of roadway improvements to Greenburg
Road from Washington Square Drive to Tiedeman Avenue (Project) should be
undertaken. These improvements include:
• Widening of Greenburg Road from Shady Lane to Tiedeman Avenue to 5 lanes
facility with bike lanes and sidewalks on both sides.
• Reconstruct the street as necessary for proper vertical alignment.
• Modify the signal systems at Cascade Boulevard and Tiedeman Avenue to conform
to the widened roadway.
• Modify signing north of Shady Lane to Washington Square Drive to match the
existing street to the newly widened roadway.
• Construct appropriate transitions at the approaches south and west of the Tiedeman
intersection.
• Extend an existing bridge in that segment of Greenburg to allow for the expanded
roadway.
2. City has agreed to fund the design, preparation of bid document and acquisition of right-
of-way for the PROJECT and to seek funding for construction. Bids for constructing the
PROJECT will not be requested until funding for the construction is available. The
purpose of this agreement is to prepare bid documents for which bids could be promptly
requested once funding for construction is available.
3.ORS 190.003- 190.01.0 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.
4. It is the mutual desire of the COUNTY and CITY to enter into such an agreement for
design of the PROJEQT, with the allocation of responsibilities as detailed below.
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AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. COUNTY OBLIGATIONS
1.1 :Upon execution of this Agreement, County shalliassign a Project Managerto be
responsible for coordination of the Project with the City.
1.2 County shall:be responsible for the following elements of the Project:
• Project Management
• Planning and Public Involvement
• Preliminary Design
• Land Use Approval and Permitting
• Right-of-Way Acquisition
• Final Design
1.3 County shall design the Project to City standards,except as otherwise agreed in
writing by the County Engineer and City Engineer. County shall provide the
City with at least ten (10) workdays to review the preliminary design
documents at 50%and 90%plans,and five(5)additional Workdays to review
plans and specifications at 100% design completion. Submittal at 1'00%
design completion shall also 'include electronic copy of the design 'that is
prepared in a format consistent with the versions of AutoCAD 2002 and
Microsoft Word 2002. The Bid documents shall also be in conformance to
City's format. Any objection of the City to preliminary or final plans and
specifications shall be resolved through consultation between the County
Engineer and the City Engineer.
1.4 County shall establish a unique project number and compile accurate cost
accounting records, which shall be available for examination by the City upon
reasonable notice.
2. CITY OBLIGATIONS
2.1 Upon execution of this Agreement, City shall assign a project manager to be
responsible for coordination of the Project with the County.
2.2 City shall review and comment on submittals within the timeframes established
in paragraph 1.3 of this Agreement. Failure to do so constitutes approval.
2.3 City shall review the Project bid results furnished by the County and notify the
County within one working day of any concerns.
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3. COMPENSATION
3.1 City shall be responsible for the total design and right-of-way acquisition costs,
estimated at$745,000.Costs shall include, but are not limited to, engineering
consultant services, facilitating neighborhood meetings, all land acquisition
costs. including land purchase, obtaining DSL/Corps, Sensitive Land and
ODOT ':permits and administrative costs in accordance with Office of
Management.and.Budget Circular A-87.
3.2 Notwithstanding the estimate of cost above, City, shall reimburse County for
the actual amount of the costs 'incurred for Project work, provided that the
actual cost does not exceed ;the total estimated' cost of $745,000. If the
Project costs exceed` $745,000, reimbursement of that cost will be
renegotiated by City and County and allocated in an amendment to this
Agreement.
3.3 County shall,at least once each calendar quarter, prepare and submit invoices
to the City in sufficient detail and in a form acceptable to the City. County shall,
within 90 days.after completion and acceptance of the Project, prepare and
submit.a final statement of expenditures to the City.
3.4 City shall pay County for Project costs within thirty (30) days after receipt of
County billing.
4. GENERAL PROVISIONS
4.1 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 construed and
enforced in accordance with the laws of the State of Oregon. All relevant provisions
required by ORS Chapter 279 to be included in public contracts are hereby
incorporated and made a part of this Agreement as if fully set forth herein.
4.2 DEFAULT
Time is of the essence in the performance of this Agreement. Either party shall be
deemed to be in default if it fails to comply with any provision 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. City shall pay County for
costs incurred for satisfactorily completed and authorizedwork up to the time of
default, if any.
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
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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 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:iparty 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 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.
4.7 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. TERM 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 four(4),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 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 costs incurred as are necessary.
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IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
DONE AND DATED this day of ,2003.
CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON
SAIQ
or Chair
Board of County Commissioners
Date: �!/ •a� ` y Date: '7 - 8 - 6 3
Att st:
City Recorder Recording Secr ry
Date: Date: 7 -253 03
APPROVED AS TO FORM:
Loretta S. Skurdahl
Senior Assistant County Counsel
APPROVED WASHINGTON COUNTY
130ARD OF COMMISSIONERS
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GREENBURG ROAD IMPROVEMENTS
(Washingtion Square Road to Tiedeman Avenue)
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