Resolution No. 09-38 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 09-39
A RESOLUTION OF THE CITY COUNCIL APPROVING AN AGREEMENT WITH THE
CITIES OF CORNELIUS AND SHERWOOD TO COMBINE THE THREE INDIVIDUAL
PROJECTS FUNDED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT
(ARRA) INTO A SINGLE PROJECT FOR A MORE STREAMLINED PROCUREMENT
PROCESS AND GREATER ECONOMIES OF SCALE
WHEREAS, the City has been allocated the amount of $1,116,000 in ARRA funds for paving
portions of Bonita Road, Durham Road and 72nd Avenue in the City;and
WHEREAS,the cities of Cornelius and Sherwood have likewise been allocated ARRA funding for
pavement preservation in the amounts of$350,000 and$430,000 respectively;and
WHEREAS,the pavement preservation project for each City will have to be implemented through
the Oregon Department of Transportation (ODOT) procurement process;and
WHEREAS,in the interest of more efficient use of limited resources, ODOT strongly encourages
jurisdictions to combine Jibe projects into one project to streamline the procurement process for
design and construction;and
WHEREAS, the three cities have elected to combine their individual projects into a single project
and need to enter into an agreement to formalize that intention.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION l: The 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.
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PASSED:This I day of ,2009.
r
Mayor- City of Tigard
ATTEST:
City Recor er- City of Tigard
is\eng\gus\resolutions\2009\6-09-09 resolution approving an iga between tigard,comelius and shmvood for the am pavement preservation projects res.doc
RESOLUTION NO. 09- D
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF CORNELIUS,
SHERWOOD,AND TIGARD RELATING TO THE ARRA PAVEMENT
PRESERVATION PROJECTS
THIS AGREEMENT is permitted by ORS 190.010,et. seq. and is made and entered into by and
between the Cities of Cornelius, Sherwood,and Tigard,hereinafter referred to as the"Cities."
This Agreement refers to the group of public improvement pavement preservation projects in
each of the Cities,hereinafter referred to as "Projects,"(the list of which is attached hereto as
Exhibit A)funded by the American Recovery and Reinvestment Act of 2009(ARRA).
RECITALS
A. The Cities have Public Improvement Projects similar in type and scope funded under the
American Recovery and Reinvestment Act(ARRA).
B. ARRA funding for the Projects will be managed by the Oregon Department of
Transportation(ODOT)with Cities directing the engineering and providing coordination
of the construction activities.
C. Specific agreements between each City and ODOT are:
a, Tigard: Misc. Contract and Agreement No. 25475
b. Cornelius: Misc. Contract and Agreement No. 25495
c. Sherwood: Misc. Contract and Agreement No. 25474
D. The Cities are electing to combine their individual Projects into a single Project in order
to avoid duplication and to use the limited ARRA resources most effectively.
E. The Cities agree to share the cost of the Projects in a fair and proportional manner.
F. The ARRA funding allocated to each city for the Projects is:
a. Cornelius- $350,000— 18.46%
b. Sherwood-$430,000—22.68%
c. Tigard- $1,116,000—58.86%
NOW,THEREFORE,the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
Section 1 -Costs
A. The Cities will pay their internal staff costs from their individual allotments of ARRA
funds.
B. The Cities will pay engineering,ODOT support and other non-construction costs on a
proportional basis based on the allocation shown in Section F of the Recitals.
C. Each City is responsible for Project costs that exceed their individual allotment of ARRA
funds.
D. If a City Project is completed for less than the ARRA funding allotment,that City may
elect to allow one of the other Cities to utilize excess funds for their Project.Use of
ARRA funds in this manner must be first approved in writing by ODOT.
Section 2—Decision Making
A. The City of Tigard will be the designated representative of the Cities in dealing with
ODOT.
B. Significant decisions that impact the Projects must be unanimously decided by the Cities.
(00038393;2)
Section 3--Scope of Projects
Each City,with ODOT's concurrence and after engineer's cost estimates are available,will
determine the final Project boundaries within the City.
Section 4-Term
A. The Agreement shall become effective upon signing by all parties. The agreement will
terminate when final payments on construction and consultant contracts are completed
and costs for ODOT support are satisfied.
B. The agreement may be terminated with the concurrence of all the parties to this
agreement.
C. The agreement may be terminated by any party to this agreement if funding at the levels
identified in Section F of the Recitals does not materialize.
Section 5—Indemnification
Subject to the conditions and Iimitations of the Oregon Constitution and the Oregon Tort
Claims Act, ORS 30.260 through 30.300,the Cities shall indemnify,defend and hold
harmless each other from and against all liability, loss,and costs arising out of or resulting
from the acts of the individual City,their officers, employees and agents,including
intentional or willful misconduct, in the performance of this agreement. if any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification. The term
"casts"as used in this indemnification section shall include attorney fees at arbitration,
mediation,trial or on appeal.
Section 6—Insurance
The Cities agree to each maintain insurance or self insurance consistent with provisions of the
Oregon Tort Claims Act, ORS 30.270 and customary for public agencies of the same size and
type.
Section 7—Adherence to Law
Each party shall comply with all federal, state and local laws and ordinances applicable to
this agreement.
Section 8—Access to Records
Each party shall have access to the books,documents and various records of the other party
which are related to this agreement for the purpose of examination, copying, and audit,unless
otherwise limited by law.
Section 9—Entire Agreement//Third Party Beneficiary.
This Agreement constitutes the entire and integrated agreement between the Parties and may
be modified or amended only by the written agreement of the Parties.
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The Cities are the only parties to this Agreement and as such are the only parties entitled to
enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide
any benefit, direct, indirect or otherwise to any third party(ies).
ACCEPTANCE AND EXECUTION OF THE AGREEMENT:
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed on the
day and year hereafter written.
CITY OF CORNELIUS,OREGON
Dave Waffle,City Manager
Date
CITY OF SHERWOOD,OREGON
Jim Patterson, City Manager
Date
CITY OF TIGARD,OREGON
Craig Prosser, City Manager
Date
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