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Resolution No. 09-28A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09--Zd.1 A 'RESOLUTION OF THE CITY COUNCIL, APPROVING AN AGREEMENT WITH WASHINGTON COUNTY AND THE CITY OF BEAVERTON FOR THE BARROWS ROAD BRIDGE REPAIR PROJECT WHEREAS, Barrows Road, between Murray Boulevud.and.Scholls. Ferry Load is a road under Washington County jurisdiction;and WHEREAS, the road. includes a structurally deficient bridge over Summer Creek, which is load limited tofive tans ,per axle, and is showing signs of failure prompting the County to propose a closure of the baidge;and W1-1.EREAS, the long-terra plan for'Barraws Road is for the tealigntxment of that roadway to connect to Schofls Ferry Road at its signalized intersection with Davies Road;and WHEREAS; the cities of Tip, and Beaverton desire that the tond.reri airz ripen for:as long as possible to allow for the long-tertA plan to be impletnehted;and WHEREAS; the three jurisdictions desire to eater into an agreement to provideimprovements to the bridge such that the lifespan is ektended by 15 years:or more.;and WHEREASA the three jurisdictions have agreed to share equally in the cost of the repair work and to transfer jurisdiction of the road io the cities of Beaverton and Tigard following completion of the project; and WHERE-AS, the agreement includes upgrading of the road to each city's satisfaction as part of the transfer of jurisdiction. NOW,!'I-HEREFORE, BE IT RESOLVED.by the Tigard City Council that: SECTION l; The agreement attached as Exb bit A to this Resolution is hereby approved; and the City Manager is authorized to.sign the agreement documents. SECTION 2; This resolution is effective immediately upon passage, CGt PASSED: This day of:`1 ; 2009. Ma . r City ofTigarcl ATTEST: , Recorder - Cit-y of Tigard RESOLUTION NO. 09- d,^A Page 1 Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY, CITY OF TIGARD and CITY OF BEAVERTON IMPROVEMENTS TO THE BRIDGE ON BARROWS ROAD AT SUMMER CREED 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"; the City of Beaverton, a municipal corporation, acting by and through its City Council, hereinafter referred to as "BEAVERTON"; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "TIGARD". RECITALS I. Barrows Road is a COUNTY road between Murray Boulevard and Scholls Ferry Road. It includes a bridge over Summer Creek. This bridge is failing structurally and loading has been limited to less than five tons per axle. The failure continues to progress and many heavier loads continue to pass over it. 2. The Transportation System Plans for the COUNTY and the two Cities call for this bridge to be closed once Davies Road is extended from Scholls Ferry Road to Barrows Road, the 125th Street extension is constructed, and the Murray Boulevard extension from Scholls to Barrows is completed. Only the latter is. done. 3. COUNTY desires to close the bridge based on its adopted Transportation Plan and the condition of the structure. BEAVERTON and TIGARD desire that the road remain open. 4. City limits of TIGARD and BEAVERTON follow the centerline of Barrows Road. 5. COUNTY may desire to reconfigure the intersection of Barrows Road and Scholls Ferry Road to improve traffic movements on Scholls Ferry Road. This may include removal of the existing signal and implementation of a right-in and right- out configuration. The decision to make this modification shall rest solely with the COUNTY and be at its expense. 6. It is the desire of COUNTY, BEAVERTON, and TIGARD to enter into an agreement to allocate responsibilities for design and construction of a temporary repair of the bridge to keep the road open to traffic, hereinafter referred to as "PROJECT", and to transfer jurisdiction of the road to BEAVERTON and TIGARD following completion of PROJECT. 7. All parties acknowledge that the PROJECT will provide temporary repairs to the structure with an anticipated life of 15-years. 8. 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 perforin. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 Upon execution of this agreement, COUNTY shall assign a project manager to be responsible for oversight of the PROJECT. 1.2 COUNTY shall be responsible for the following elements of the PROJECT: • Project management • Planning and public involvement • Preliminary design • Final design • Administration and management of any consultant contracts • Construction of the temporary improvements • Tracking cost and involving BEAVERTON and TIGARD upon completion of the PROJECT. • Preparing legal descriptions necessary for transfer of jurisdiction. 1.3 COUNTY shall provide BEAVERTON and TIGARD with at least fifteen (15) work days to review the 90% plans. Any design issues that cannot be resolved by County and City staffs will be referred to the County or City Engineers for final resolution, according to jurisdiction. 1.4 COUNTY shall establish a unique project number and compile accurate cost accounting records and shall provide BEAVERTON and TIGARD with a copy of the complete PROJECT cost accounting within 30 days of PROJECT completion. 1.5 COUNTY shall invoice BEAVERTON and TIGARD for their share of the costs within 60 days of completion. 1.6 COUNTY will transfer jurisdiction of the remaining section of Barrows Road within. 60 days of receipt of requests fxom BEAVERTON and TIGARD. 1.7 COUNTY shall design the temporary structure to carry HS-20 loading, to match current road width, and current vertical and horizontal alignment conditions. Page 2 of 7 1.8 COUNTY agrees that the Davies Road extension is necessary and its completion should be a priority. 1.9 COUNTY shall be responsible for the cost of reconfiguring the Scholls Ferry and Barrows Road intersection as described in Recital 5 at its sole expense. 1.10 COUNTY agrees to be responsible for a maintenance overlay (1.5 inch overlay with pre-level and curb grind) on the section of Barrows Road to be transferred. The cost for this work shall not be included in the PROJECT. The COUNTY may have the work done at its expense or pay BEAVERTON and TIGARD an amount agreed upon ($98,256) in lieu of the work. This amount may be deducted in equal portions from BEAVERTON and TIGARD's portion of the PROJECT cost. 1.11 The estimated cost of the PROJECT is $205,000 and the final cost will be divided equally between COUNTY, BEAVERTON, and TIGARD. Should the cost increase all parties will agree on the amount and how the cost will be distributed before the work is authorized. COUNTY acknowledges that once the project is underway it will proceed to completion and will work cooperatively to ensure timely progression of work. Written approval from the designated COUNTY project manager shall be adequate to authorize work. 2. BEAVERTON and TIGARD OBLIGATIONS 2.1 Upon execution of this Agreement, BEAVERTON and TIGARD shall each assign a project manager to be responsible for coordination of the PROJECT with COUNTY. 2.2 BEAVERTON and TIGARD shall review and comment on submittals within the time frames established in paragraph 1.3 of this Agreement. Failure to do so constitutes approval. 2.3 BEAVERTON and TIGARD shall review and approve the engineer's estimated cost of the PROJECT prior to commencement of work and ordering materials. 2.4 BEAVERTON and TIGARD shall share equally in the cost of the PROJECT with the COUNTY. The PROJECT does not include the maintenance overlay on Barrows Road described in Section 1.10. 2.5 BEAVERTON and TIGARD shall provide funds in the invoiced amounts to COUNTY within 30 days of receipt of the invoice. 2.6 BEAVERTON and TIGARD shall formally request transfer of jurisdiction within 60 days of completion of the improvements. Page 3 of 7 2.7 The estimated cost of the PROJECT is $205,000 and the final cost will be divided equally between COUNTY, BEAVERTON, and TIGARD. Should the cost increase all parties will agree on the amount and how the cost will be distributed before the work is authorized. BEAVERTON and TIGARD acknowledge that once the project is underway it will proceed to completion and will work cooperatively to ensure timely progression of work. Written approval from the designated city project manager shall be adequate to authorize work. BEAVERTON OBLIGATIONS 3.1 Within the PROJECT limits BEAVERTON shall provide paving, striping, signing, and traffic control at PROJECT expense. 3.2 BEAVERTON shall establish a unique project number for its work related to PROJECT and shall provide COUNTY and TIGARD with a copy of the complete cost accounting for the work described in Section 3.1 within 30 days of PROJECT completion. 3.3 BEAVERTON considers the Davies Road extension to be necessary and its construction is anticipated in the City's Transportation System Plan. 4. TIGARD OBLIGATIONS 4.1 TIGARD agrees to be responsible for the construction, or cost of, the improvements required as a condition of approval for the Village at Summer Creek development on Barrows Road. 4.2 TIGARD agrees that the Davies Road extension is necessary and its construction should be a priority. 5. GENERAL PROVISIONS 5.1 LAWS OF OREGON The parties shall comply with 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 279A and 279C to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth herein. 5.2 DEFAULT Time is of the essence in the performance of the Agreement. Any of the parties shall be deemed to be in default if it fails to comply with any Page 4 of 7 provisions of this Agreement. The non-defaulting party shall provide the other party with-written notice of default and allow thirty (30) days within to cure the defect. 5.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other parties, and their officers, employees, and agents, 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 arising out of services performed, the omissions 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 party under this agreement. 5.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by all parties. 5.5 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 of resolution. 5.6 REMEDIES Any party to this Agreement may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. 5.7 EXCUSED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delays or default is due to war, Page 5 of 7 insurrection, strifes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar basis for excused performance that are not within the reasonable control to the party to be excused. 5.8 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. 5.9 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 6. TERM OF AGREEMENT 6.1 The terra of the Agreement shall be from the date of execution until the completion of the PROJECT,but not to exceed ten (10) years. 6.2 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 thirty (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 any additional costs as necessary. DATED this day of , 2009. CITY OF BEAVERTON, OREGON CITY OF TIGARD, OREGON ATTEST: ATTEST: Page 6of7 APPROVED AS TO FORM: APPROVED AS TO FORINT: City Attorney City Attorney WASHINGTON COUNTY, OREGON CHAIR or DESIGNEE Recording Secretary APPROVED AS TO FORM: County Counsel Page 7 of 7