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Resolution No. 09-29 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTIONS NO. 09Qq - A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH. WASHINGTON COUNTY FOR RIGHT-OF-WAY SERVICES ON THE GREENBURG ROAD/HIGHWAY 99W/MAIN STREET INTERSECTION PROJECT WHEREAS, the City's Greenburg Road/Highway 99W/Main'Street Intersection Improvement Project requires land acquisition to accommodate the capacity improvements;and. WHEREAS, the project design is nearing 75% completion and will be entering into the right-of-way acquisition phase as soon as the required properties are identified and described;and WHEREAS,Washington County right-of-way staff is performing the right-of-way acquisition needed for the County's Hall Boulevard/Highway 99W intersection improvement project adjacent to and east of the City project;and WHEREAS,the County staff has been actively engaged in appraisals and acquisition of nearby properties,has developed a comprehensive knowledge of the area,and can easily extend the,land acquisition boundary to include the City's project and WHEREAS, the County staff has agreed to provide those services for the City,and WHEREAS,an Intergovernmental Agreement between the City and Washington County is required for the County staff to provide those services. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION l: Tlie agreement attached as Exhibit 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. PASSED: This t� day of r- 2009. 2�z Mayor/-City of Tigard ATTEST; Recorder-City of Tigar RESOLUTION NO. 09- Page 1 Exhibit A INTERGOVERNMENTAL AG EEMENT BETWEEN CITY OF TIGARD,OREGON D WASHINGTON COUNTY,OREGON I. PURPOSE This agreement is entered into between City of Tigard, Oregon(City)and Washington County, Oregon (County),pursuant to ORS 190.010,et'seq. The purpose of this agreement is for County to provide the assistance of its Right-of-Way Section staff to City,to purchase the right-of-way needed for Greenburg/Hwy 99W/Main Street Intersection Improvement Project,under the jurisdiction and control of City,and City has the authority to enter into an agreement to procure such right-of-way assistance. This agreement shall be construed in accordance with ORS 190.030. H. SCOPE OF WORK COOPERATION A. The process to be followed by the parties in carrying out this Agreement is set out in the Special Agreement Provisions. Said Special Agreement Provisions are attached hereto and by this reference made a part hereof as Exhibit"Aa, B. County agrees to 1. Provide a Right-of-Way Agent and other Right-of-Way staff as needed and available to perforin right-of-way acquisition and related services. For purposes of this agreement,right-of-way acquisition and related services shall consist of all tasks required by applicable laws,regulations, and the State of Oregon's Right-of-Way Manual relating to the acquisition of property for a public project,together with the administration of contracts for such tasks, but not including legal services. 2. Ensure the County Right-of-Way Agent and staff competently and in good faith perform the duties of this agreement. 3. Designate Rod Bliss as the County's contract administrator for this agreement. C. City agrees to: I. Provide access to all documents, survey maps,and other records or materials relating to its projects and property to be acquired which may be necessary for Countyto perform the duties under this agreement and to provide or approve appropriate letters and forms for notices,grants of deed or easement, and other required documents relating to right-of-way acquisition. City shall provide information relating to its internal processes for contracting services;approving deeds,documents,and settlements,processing property owner payments; and all similar information necessary to the right-of-way acquisition process. 2. Provide the compensation or reimbursement to County that is necessary to perform services under this agreement,as more fully set forth in Exhibit A,at the rates listed in Exhibit B,a copy of which is attached hereto and hereby incorporated by reference. Notwithstanding any other provision to the contrary,the total amount of compensation or reimbursement to County for services provided pursuant to this Agreement shall not exceed the sum of$105,000. 3. Designate the Tigard City Engineer as the contract administrator for this agreement. The contract administrator shall be authorized to request all services under this agreement. M. COMPENSATION A. City agrees to pay County for services provided pursuant to this agreement in an amount equal to the hourly rate specified in Exhibit"B." Payments are to be made to County and not the individual(s)performing services under this agreement. County shall invoice City monthly for salary, benefits, and expenses provided under Section II,A,B&C above. If outside appraisal services are required, County shall include the cost of such services in its invoices. Expenses and casts for appraisal services shall be billed at cost,with no mark-up. B. City shall review the invoices and pay all non-disputed amounts within 30 days of receipt of the invoice. C. All compensation for right-of-way, other property interests, and other monetary obligations to property owners shall be paid directly by City. D. The not-to-exceed amount in Section II.C2 above is based on County's good faith estimate of the cost to perform services described in this agreement.Due to the uncertainties inherent in the nature of right of way acquisition and relocation for public projects,there is no guarantee that this amount is sufficient to complete all such services required for City's project. In the event County determines that additional work will be required to complete Project services,and compensation will be required beyond the amount in Section II.C.2, it shall inform the City's project manager. If the parties agree, an amendment will be prepared to increase the compensation. If the parties do not agree, County shall provide all work products and files to City,and shall be relieved of any obligation to perforin additional services under this Agreement. IV. SPECIAL REQUIREMENTS A. City and County agree to comply with all applicable local,state,and federal ordinances, statues, laws, and regulations. It is further agreed both parties will strictly follow the rules,policies and procedures of the"Uniform Relocation Assistance and Real Property Acquisition Policy of 1970" as amended,ORS 35.510, State of Oregon's Right-of-Way' Manual, and Federal Highway Administration Federal Aid Policy Guide. B. If the services of an independent appraiser are required,County shall utilize its existing contract for such services, obtain one or more quotes for the services,select the lowest responsible,responsive appraiser and direct the appraiser to proceed with the work. C. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300 and the Oregon Constitution,each party agrees to indemnify, hold harmless,and defend each other and their respective officers,councilors, commissioners,agents and employees, from and against all claims, demands,actions, and suits(including all attorneys fees and costs), arising out of or baseduponthe indenitor's performance of the Agreement where the loss of claim is attributable to the negligent acts or omissions of that party. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282 for the duration of this Agreement at levels necessary to protect against public liability as specified in ORS 30,270. D. All County employees shall remain employees of County. However, County employees shall have authority to act on behalf of City as set forth in Exhibit A. E. All payroll and financial records pertaining in whole or in part to this contract shall be clearly identified and readily accessible. Such records and documents shall be retained for a period of three ( )years after receipt of final payment under this contract,provided that any records and documents that are the subject of audit findings shall be retained for a longer time until such audit findings are resolved. F. City and County agree that they jointly own any and all data, documents,plans working papers, and any other materials that County or its consultants, if any,produces in connection with the Project Scope described in this Agreement. Upon completion of the Project County shall convey all such materials to City, and they shall thereafter be the sole property of City. G. The agreement is expressly subject to all applicable debt limitations on Oregon counties and cities as set forth in the Oregon Constitution,state statute or the Washington County or Tigard City Charter and is contingent upon funds being appropriated therefor. Any provision herein which would conflict with that law is deemed inoperative to that extent. V. TERMS OF AGREEMENT This agreement becomes effective upon execution and terminates after the last property acquisition is completed on the project or December 31,2010,whichever occurs last. This agreement may be terminated prior to the expiration of the agreed term: 1. By mutual written consent of the parties; 2. By either party upon 30-days notice to the other, effective upon delivery of written notice by certified mail or in person. VI. ACCEPTANCE AND EXECUTION OF THE GREE,MENT In witness to the above agreement and covenanting to be bound to its conditions,the following parties affix their authorized signatures. CITY OF TIGARD,OREGON WASHINGTON COUNTY,OREGON BYAN% �ROUGH ITS BY AND THROUGH ITS CITY CO, CIL BOARD OF COMMISSIONERS City M#ager Chair Recording Secretary Date: 1 �'/O 2 Date: City of Tigari 155 North First Avenue 13125 SW Hall Blvd Hillsboro, OR 97124 Tigard, OR 97223 Approved As t or Approved As to Form: Loretta S. Skurdahl City Attorney, City of Tigard Sr.Assistant County Counsel Date:-'61 ID-0 q Date: EXHIBIT "A" SPECIAL AGREEMENT PROVISIONS A. Preliminary Phase 1. County will provide preliminary cost estimates. 2. County will make preliminary contacts with property owners. 3. City will develop access and approach road list. 4. City will help provide field location and project data. B. Acquisition Phase 1. General: a. When doing the acquisition work, County will provide City with a status report of the project. b. Title to properties acquired shall be in the name of City. 2. Legal Descriptions: a. City will provide sufficient surveys,vesting deeds, maps and other data so that legal descriptions can be written. b, City will write legal descriptions,prepare right-of-way maps,provide construction plans and cross-section information for the project. c. City will specify the degree of title to be acquired (e.g. fee,easement). 3. Real Property and Title Insurance: a. City will provide preliminary title reports before negotiations for acquisitions commence. b. City will determine sufficiency of title (taking subject to). 4. Appraisal: a. County will secure appraisals of properties to be acquired. b. County will make review appraisals by qualified personnel. 5. Negotiations: a. County will tender all monetary offers to landowners in writing at the compensation shown in the appraisal review. Any settlements taken for more than the appraisal review will be documented by an Administrative Justification for the increase and will need City's approval. b. County will submit any construction obligations not listed on the construction Plans to City for approval. 6. Relocation: (If Needed) a. County will perform any relocation assistance,make replacement-housing computations, and do all things necessary to relocate any displaced parties on the project. b. City will make all relocation and moving payments for the project. c. County will perform the Relocation appeal process. C. Closing Phase 1. City will close all transactions. This includes drawing deed,release and satisfactions necessary to clear title and making all payments. If County is to provide this service then City will provide County approved as to form documents. 2. County will obtain signatures on deed documents and release documents. 3. City will record conveyance documents. D. Property Management(If Needed) 1. City will take possession of all the acquired properties. 2. City will dispose of all improvements and excess land. E. Condemnation 1. City will handle entire condemnation process. E' IT "B" Washington County's CAPITAL PROJECT MANAGEMENT DIVISION Right-of-Way StafPs Billing Rates Budget year July 2008 through June 2009 POSITION PER HOUR RATE Right-of-Way Supervisor $117.91/hr.* Right-of-Way Agent $101.67/hr.* Survey Tech III $ 85.45/hr.* Administrative Specialist 11 $ 61.50/hr.* Management Analyst 1** $ 85.54/hr.* Administrative Assistant" $ 71.97/hr.* Sr. Accounting Assistant" $ 71.29/hr.* *These hourly rates are subject to change July I"of every calendar year. ** These are the positions in our Financial Section of Capital Project Management Division that does the Intergovernmental Agreements processing and billings for the Divisional Staff.