Washington County - BCC 07-0587 Roadway Improvements to Bull Mountain Road at OR 99W INTERGOVERNMENT AGREEMENT j
BETWEEN:
Washington County and City of Tigard
FOR ROADWAY IMPROVEMENTS TO:
Bull Mountain Road at OR 99W
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 construction of roadway improvements to Bull
Mountain Road, at the intersection of OR 99W (Project) should be undertaken. These
improvements include:
• The design and construction of an eastbound to southbound right turn lane,
associated curb, gutter, and sidewalk.
2. County and City have agreed that the City shall fund construction of the Project
including associated engineering, design, right-of-way, construction management and
inspection costs.
3. 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 perform.
4. It is the desire of the County and City to enter into an agreement to allocate
responsibilities for design and construction of the Project.
5. Execution of this Agreement has been authorized by appropriate action of the
governing body of each of the parties.
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 during the construction phase and
coordination of the Project with the City.
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1.2. County shall provide construction administration, management and inspection for
the'project on roadway, drainage, and landscaping for quality control purposes.
County shall administer, manage and inspect project construction in accordance
with project plans and specifications.
1.3 County shall act as the city's agent, under the direction of the city engineer in
the delivery of the following services:
• Conducting a preconstruction conference with the contractor, City and
utilities
• Issuing notice to proceed
• Providing construction inspection, testing and construction management
services throughout the remainder of the project including the warranty
period
• Ensuring that construction is completed in accordance with project plans
and specifications
• Evaluating all contractor submittals to insure that they meet the project
plans and specifications
• Accepting or rejecting materials according to the project plans and
specifications or seek exceptions from the City
• Ensuring that adequate erosion control and traffic control is provided
• Responding to concerns and complaints from the public. Notify the City of
a person assigned to receive the concerns and complaints
• Forwarding all contractor's requests for clarifications and changes to the
contract documents to the City for approval. Provide the City with five days
of notice for requests or orders for extra work
• Providing the City with as-built plans
• Making and documenting measurement of pay items, and make
recommendation to the City for payment
1.4. County shall maintain accurate records of its performance of this Agreement
including any expenditure for the Project. These records shall be available
for examination by the City upon reasonable notice.
2. CITY OBLIGATIONS
2.1. City shall, upon execution of this Agreement, assign a project manager to be
responsible for coordination of the Project with the County.
2.2. City shall be responsible for the following services:
• Review the contract documents and resolve ambiguities and conflicts
• Provide construction staking
• Project management
• Planning and public involvement
• Preliminary design
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• Land Use approval and permitting
• Right-of-Way acquisition
• Coordinating utility relocations and resolving conflicts
• Final design
• Bidding and contract award
• Reviewing and evaluating the contractor's requests for clarifications and
changes to the contract documents
• Issuing progress estimates and making payment to the contractor
• Adding Washington County, its officers, agents, and employees, and
Washington County Board of Commissioners as an additional named
insured on the construction contract
3. COMPENSATION
3.1. City shall be responsible for all Project costs associated with obligations
outlined in Section 2 (CITY OBLIGATIONS) and for all construction contract
costs.
3.2. City shall pay County staff costs for services described in Section 1
(COUNTY OBLIGATIONS), as billed, within thirty (30) days after receipt of
County invoice in accordance with the following schedule of hourly rates
including overhead. These services are estimated to cost 37,000.
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Maximum Billing Rates for FY 06-07
Position Step E Multiplier Maximum Billing
Rate
Administrative Specialist II $ 19.40 2.85607 $ 55.41
Senior Administrative Spec $ 21.42 2.85607 $ 61.18
Principal Engineer $ 43.16 2.85607 $ 123.27
Senior Project Manager $ 35.42 2.85607 $ 101.16
Engineering Project Manager II $ 32.08 2.85607 $ 91.62
Engineering Project Manager 1 $ 29.07 2.85607 $ 83.03
Engineering Associate $ 32.08 2.85607 $ 91.62
Engineering Assistant $ 27.67 2.85607 $ 79.03
Inspection Supervisor $ 31.30 2.85607 $ 89.39
Inspection Tech III $ 26.97 2.85607 $ 77.03
Inspection Tech II $ 24.53 2.85607 $ 70.06
Right-of-Way Supervisor $ 37.21 2.85607 $ 106.27
Right-of-Way Agent $ 32.08 2.85607 $ 91.62
Survey Tech III $ 26.97 2.85607 $ 77.03
Survey Tech II $ 24.53 2.85607 $ 70.06
Sr. Accounting Assistant $ 22.50 2.85607 $ 64.26
dministrative Assistant $ 22.71 2.85607 $ 64.86
Management Analyst 1 $ 26.99 2.85607 $ 77.09
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4. GENERAL PROVISIONS
4.1. 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.
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 provisions 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.
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
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 anyway resulting
from the negligent or wrongful acts or omissions of the indemnifying party and its
officers, employees and agents. 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.
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. REMEDIES
Subject to the provisions in paragraph 4.5, any party may institute legal action to
cure, correct or remedy any default, to enforce any covenant or agreement herein,
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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 in
personam jurisdiction of that court.
4.7. 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, insurrection, strikes,
walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God,
governmental restrictions imposed on 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 bases for excused
performance that are not within the reasonable control to the party to be excused.
4.8. 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.
4.9. INTEGRATION
This Agreement is the entire agreement of the parties on its subject and supersedes
any prior discussions or agreements regarding the same subject.
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. The parties shall, in good faith, agree to such reasonable provisions for
winding up the Project and paying for any additional costs as necessary.
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DATED this day of C , 2007.
CITY OF IGARD, OREGON WASHINGTON COUNTY, OREGON
City M ager CHAIR
BOARD OF COUNTY COMMISSIONERS
ATTEST:
cc�t yu LAJ
CITY RECORDER
APPROVED AS TO FORM: APPROVED AS TO FORM:
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City/ Attorney ounty Counsel
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER# _ OL-_ NO
DATE _ ___ _ _S-aa "D 7
By &r6 aa
CLERIC UE Iv BOARD
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