Washington County - BCC 09-0569 Bridge on Barrows Road 7
INTERGOVERNMENTAL AGREEMENT
BETWEEN WASHINGTON COUNTY, CITY OF TIGARD and CITY OF BEAVERTON
IMPROVEMENTS TO THE BRIDGE ON BARROWS ROAD AT SUMMER CREEK
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
1. 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 perform
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
12 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
13 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
14 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
16 COUNTY will transfer jurisdiction of the remaining section of Barrows
Road within 60 days of receipt of requests from BEAVERTON and
TIGARD
17 COUNTY shall design the temporary structure to carry HS-20 loading, to
match current road width, and current vertical and horizontal alignment
conditions
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1 8 COUNTY agrees that the Davies Road extension is necessary and its
completion should be a priority
19 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
21 Upon execution of this Agreement, BEAVERTON and TIGARD shall each
assign a project manager to be responsible for coordination of the PROJECT
with COUNTY
22 BEAVERTON and TIGARD shall review and comment on submittals
within the time frames established in paragraph 13 of this Agreement
Failure to do so constitutes approval
23 BEAVERTON and TIGARD shall review and approve the engineer's
estimated cost of the PROJECT prior to commencement of work and
ordering materials
24 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
25 BEAVERTON and TIGARD shall provide funds in the invoiced amounts to
COUNTY within 30 days of receipt of the invoice
26 BEAVERTON and TIGARD shall formally request transfer of jurisdiction
within 60 days of completion of the improvements
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27 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
32 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
41 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
42 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
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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
53 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
54 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
56 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,
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insurrection, strikes, 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 term 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 TIGp ARD,O GON
ATTE ATTEST:
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APPR VED AS O FO APPROVED AS TO FORM:
V
ity Attorney ty Attorney
WASHINGTON COUNTY, OREGON
71m: 4-')
CHAIR or DESIGNEE
Recording Secreley
APPROVED AS TO FORM:
APPROVED WASHINGTON COUNTY
I MIA&
Coun Counse
BOARD OF COMMISSIONERS
MINUTE ORDER# Q -133
_
DATE -0q
BY
CLERK OF TH BOARD
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