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Washington County - Water Line Lateral Improvements at Bull Mountain/Roshak Intersection acc P - Dyya INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR WATER LINE LATERAL IMPROVEMENTS WITHIN THE BULL MOUNTAIN/ROSHAK INTERSECTION PROJECT THIS INTERGOVERNMENTAL 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. Whereas, COUNTY has jurisdiction and control of portions of Bull Mountain and Roshak Roads adjacent to the City of Tigard. 2. Whereas, COUNTY has an approved and funded project to improve the intersection of Bull Mountain Road and Roshak Road in the Bull Mountain community. Project work includes improving the intersection to include a 3 lane section in accordance with adopted COUNTY plans with bike lanes and sidewalks on each side. 3. Whereas, CITY as the designated public service provider, maintains certain public infrastructure within the Rights-of-Way of Bull Mountain and Roshak Roads under permit from COUNTY. 4. Whereas, COUNTY under the provisions of said permit, can require CITY to relocate said infrastructure if deemed necessary in conjunction with the planned improvements in the interest of public safety and costs. 5. Whereas, CITY desires COUNTY to include the adjustment of water line laterals consistent with the proposed roadways. County is willing to add these improvements to the road project. 6. Whereas, This agreement will result in considerable cost savings to CITY and COUNTY by coordination of roadway and infrastructure improvements. Coordination with the COUNTY project improvements listed above is a benefit to the community by reducing costs, the number of road traffic restrictions and length of time needed to accomplish the work identified. 7. Whereas, 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. 8. Whereas, It is the desire of COUNTY and CITY to enter into this agreement to allocate responsibilities for funding, design and construction of all the above-described improvements. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth below, the parties hereto agree as follows: 1. PROJECT DESCRIPTION 1.1 The road project improvements will include: road widening, curbs, bike lanes and sidewalks at the intersection of Bull Mountain Road, Roshak Road and 155"'Terrace, hereinafter referred to as "ROAD PROJECT" and shown on said construction plans which are on file at the COUNTY. 1.2 The utility work includes adjustment of water line laterals to adjacent properties including adjustments of lateral access points, installation of appropriate water meters and valves on the laterals, hereinafter collectively referred to as "WATER LINE LATERAL WORK". 1.3 The ROAD PROJECT and the WATER LINE LATERALS WORK are referred to herein as the "PROJECT". 2. COUNTY OBLIGATIONS 2.1 Upon execution of this agreement, COUNTY shall assign a project manager to be responsible for oversight of the PROJECT during the design, bidding and construction phase of the PROJECT and provide timely coordination with CITY. COUNTY shall be responsible for the following elements of the PROJECT: a. Project Management b. Final Design c. Bidding and contract award d. Construction, Construction Management and contract administration e. Tracking cost and invoicing CITY within 45 days after PROJECT completion date 2.2 COUNTY shall incorporate the plans, specifications and bid items provided by CITY for the WATER LINE LATERALS WORK, into final bid documents and bid schedule for PROJECT. 2.3 COUNTY will provide CITY five (5)working days following bid opening to review and approve the bid results for the WATER LINE LATERALS WORK. COUNTY may award the construction contract, including the water line lateral bid items, unless the CITY informs COUNTY in writing, prior to award, that it wishes to cancel its construction as part of the PROJECT. Page 2 of 7 2.4 COUNTY shall provide CITY with at least three (3)working days to review the bid construction documents at 100 percent design completion. CITY shall return comments within three (3)working days. COUNTY shall incorporate CITY comments pertaining to the WATER LINE LATERALS WORK portions into the contract and bid documents. Any design issues that cannot be resolved by COUNTY and CITY staff will be referred to the COUNTY or CITY Engineer for final resolution, according to jurisdiction of the subject improvements. 2.5 COUNTY shall obtain CITY approval for any proposed design or other changes to the WATER LINE LATERALS WORK. 2.6 COUNTY shall establish a unique project number and compile accurate cost accounting records, which shall be available for examination by CITY upon reasonable notice and retain said records as established by ORS. 2.8 COUNTY shall require all contractors to include "City of Tigard, its elected and appointed officials, officers, agents, employees and volunteers" as additional insured on insurance coverage required for construction work performed in completing the PROJECT. 2.9 COUNTY shall require all contractors to provide worker's compensation coverage pursuant to ORS for all subject workers performing work in connection with this Agreement. 2.10 COUNTY shall keep the CITY informed of project progress and give the CITY reasonable notice of the bid opening, notice to proceed, and substantial completion of the PROJECT. 3. CITY OBLIGATIONS 3.1 Upon execution of this Agreement, CITY shall assign a project manager to be responsible for coordination of the PROJECT with COUNTY. 3.2 CITY shall provide standard drawings and specifications to COUNTY for inclusion into the bid documents prior to bid of the contract. 3.3 CITY shall provide an inspector and contractor submittal review for the WATER LINE LATERALS WORK. This will include review of shop drawings and construction inspection to determine compliance with the contract documents. CITY tasks under this paragraph will be coordinated through COUNTY overall project management. CITY has the right to approve the final acceptance of the WATER LINE LATERALS WORK portions of the PROJECT. 3.4 CITY shall have the right to approve any design or other change to the WATER LINE LATERALS WORK portions of the PROJECT. 3.5 CITY shall provide timely reviews and comments on COUNTY design documents and timely response to other PROJECT information requests. Page 3 of 7 3.6 Pay for costs listed below, not exceeding the cost limit contained in paragraph 3.7, upon approval by the CITY Project Manager. Costs exceeding the dollar limit of this Agreement require an amendment approved by an authorized CITY representative. CITY will pay for costs to: a. Design the WATER LINE LATERALS WORK b. Prepare contract and bidding documents for the WATER LINE LATERALS WORK as part of the PROJECT c. Select a construction contractor d. Construct and manage construction of the PROJECT 3.7 Pay a total not to exceed of$17,388 toward the cost of the WATER LINE LATERALS WORK. Specific WATER LINE LATERALS WORK costs shall not exceed the following: a. Design $3,788.00 b. COUNTY administrative costs including project 15.0% of management, contract administration and construction Estimated management Construction Cost (Item d.) 21.0% of c. Allocated share of applicable lump sum bid items Estimated including mobilization, temporary protection & direction of Construction traffic, flagging and erosion control Cost (Item d.) d. Estimated Construction Cost $10,000.00 Items 3.7.a and 3.7.d shall be paid to County based on actual invoices submitted by COUNTY. Items 3.7.b and 3.7.c shall be paid to COUNTY as a lump sum after COUNTY makes final payment to the construction contractor based on actual cost of WATER LINE LATERALS WORK. 3.8 CITY•shall make payment for the cost of work performed under this agreement within thirty (30) days of invoicing by COUNTY. Upon request to COUNTY, CITY may inspect the accounting records and related documents upon which an invoice is based. 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 Page 4 of 7 herein. 4.2 DEFAULT Time is of essence in the performance of the 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 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. 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, 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. 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, Page 5 of 7 i 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. TERMS 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 five (5) 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 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. Page 6 of 7 CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON z MAYOR CHAIR, BOARD OF COUNTY COMMISSIONERS DATE: J DATE: ot- ATTEST: CITY RECORDER RECORDING SE ETARY APPROVED AS TO FORM: APPROVED AS TO FORM: CIT ORN OUN Y COUNSEL APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER# .......�.-A.a........., DATE .........................A..:T...e�....�.:d .... Page 7 of 7