Loading...
Washington County ~ IG197001 ~ Transportation & Utility Improvements On SW 121St Avenue (SW Tippitt Place To SW Whistlers Loop) I�(�100 { INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR TRANSPORTATION AND UTILITY IMPROVEMENTS ON SW 121ST AVENUE (SW TIPPITT PLACE TO SW WHISTLERS LOOP) 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, 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; and 2. WHEREAS, COUNTY has an approved and funded Major Streets Transportation Improvement Program project to construct road improvements to SW 121 st Avenue, a City of Tigard Collector Street, from SW Tippitt Place to SW Whistlers Loop; and 3. WHEREAS, CITY desires to have utility improvement work (water line and sewer lateral installations) completed within and in conjunction with the road improvement project limits along SW 121 st Avenue; and, 4. WHEREAS, CITY has requested that the design, construction, and inspection of the utility improvement work be added to the road improvements of SW 121" Avenue, and CITY agrees to pay for such requested utility improvement work; and, 5. WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to enter into such an Agreement to cooperate in the design and construction of the improvements to the water line and sewer lateral installations as part of the road improvements to SW 121St Avenue, with the allocation of responsibilities as detailed below; AGREEMENT NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and in consideration of the terms, conditions and covenants as set forth below, the parties hereto agree as follows: Page 1 of 7 1. PROJECT DESCRIPTION 1.1 The COUNTY road project improvements will include: road widening, curbs, sidewalks, bike lanes, street lighting, drainage, landscaping, traffic control, water quality improvements and all necessary permitting on SW 121"Avenue between SW Tippitt Place to SW Whistlers Loop, hereinafter referred to as "ROAD PROJECT' as shown generally on the attached Exhibit A. 1.2 The CITY utility improvement work includes water line construction, sewer lateral installations, and utility related easement expenses, hereinafter collectively referred to as "UTILITY IMPROVEMENT WORK" as shown generally on the attached Exhibit B. 1.3 The ROAD PROJECT and the UTILITY IMPROVEMENT WORK are referred to herein as the "PROJECT'. 2. COUNTY OBLIGATIONS 2.1 COUNTY shall, upon execution of this Agreement, assign a Project Manager to be responsible for coordination of PROJECT with CITY. 2.2 COUNTY shall perform, or cause to be performed, all actions necessary for the design and construction of the PROJECT including project management, design and construction engineering, property acquisition, including right-of-way as necessary, regulatory and land use permits and approvals, public information, contract administration, inspection and construction management. COUNTY shall coordinate the design of, advertise for, award, and administer the construction contract for the PROJECT. 2.3 COUNTY shall provide CITY with the opportunity for design review of 30%, 60%, 90% and 100% (final) plans prior to bidding. COUNTY agrees to incorporate CITY comments that do not significantly impact project costs and/or schedule. 2.4 COUNTY shall, following the bid opening, notify the CITY of the amount of the construction cost of the UTILITY IMPROVEMENT WORK as contained in the bid and provide CITY the opportunity for review of the contract bid proposal prior to contract award. 2.5 COUNTY shall provide a final cost accounting for the PROJECT, including all internal and external costs, to the CITY within 45 days of final acceptance and payment to the contractor. 2.6 COUNTY shall provide legal descriptions for the PROJECT in a form acceptable to CITY so that CITY can adopt a Resolution of Necessity that will enable COUNTY to obtain necessary easements for construction of the PROJECT. 2.7 COUNTY shall provide inspection and testing of project work in coordination with the CITY. Page 2 of 7 2.8 COUNTY shall perform actions regarding compensation as set forth in Article 4 — Compensation. 3. CITY OBLIGATIONS 3.1 CITY shall, upon execution of this Agreement, assign a city project manager to be responsible for coordination of PROJECT with COUNTY. 3.2 CITY will participate with the COUNTY in development of the consultant work scope for the PROJECT, cooperate with the COUNTY in holding public meetings, and in developing public information and social media materials. 3.3 CITY will participate in design review of 30%, 60%, 90% and 100% (final) plans prior to bidding and provide comments to COUNTY in a reasonable time frame as requested by the COUNTY. 3.4 Within sixty (60) days of receiving the legal descriptions for the PROJECT from the COUNTY as described in 2.6 above, CITY shall provide COUNTY with a Resolution of Necessity (RON) that provides an adequate description of the PROJECT and which provides adequate legal authority to COUNTY to obtain necessary easements for the construction of the PROJECT before COUNTY acquires any such easements. 3.5 CITY delegates authority to COUNTY to act on its behalf to obtain the necessary easements through negotiation or condemnation in order to construct the PROJECT as described in the RON. 3.6 Any easements obtained on behalf of the CITY by the COUNTY shall name the CITY as the owner of those easements. 3.7 CITY shall provide to the COUNTY an Approved As To Form deed document template to be used for the necessary real property acquisitions. 3.8 CITY will review inspection and testing of PROJECT work by COUNTY. CITY may perform additional testing at its own expense, and may require additional and/or corrective work to complete the PROJECT if, in the CITY's judgment, it is in the public interest to do so. 3.9 CITY shall perform actions regarding compensation as set forth in Article 4 - Compensation. ARTICLE 4 - COMPENSATION 4.1 DESIGN: As design work for the PROJECT is performed, County shall, on a quarterly basis, prepare and submit design invoices to CITY for the cost of the work for UTILITY IMPROVEMENT WORK. Estimated design costs are: a. Water Line Construction Design $ 201,947 Page 3 of 7 b. Sewer Laterals Design $ 3,220 c. Estimated Total Design Cost $ 205,167 Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the COUNTY for the actual amount of its cost incurred for the design of the UTILITY IMPROVEMENT WORK. 4.2 CONSTRUCTION: As construction work upon the PROJECT is performed, COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the CITY for the construction of the UTILITY IMPROVEMENT WORK. In addition to UTILITY IMPROVEMENT WORK bid items, non-construction costs of COUNTY services at a flat rate of 22.3% of the UTILITY IMPROVEMENT WORK construction costs shall be charged and include the following: the cost of COUNTY services including project construction management, surveying, inspection and construction contract administration. Estimated construction costs are: a. Water Line Construction $ 560,000 b. Sewer Laterals Construction $ 8,930 c. Non-construction Costs of Construction Management Services (22.3%) $ 126,943 d. Contingency (40% of Construction Items) $_ 227,572 e. Estimated Total Construction Cost $ 923,445 4.3 Any easement acquisition costs spent by the COUNTY associated with the UTILITY IMPROVEMENT WORK shall be accounted for by COUNTY and invoiced to the CITY accordingly. Utility easement costs are in addition to the above listed estimated construction and non-construction costs. Before accounting for such costs, COUNTY will inform CITY of the anticipated cost and allow CITY to approve, disprove, or challenge the anticipated cost. COUNTY will make a good-faith effort to accommodate the CITY's position on a proper sum. 4.4 CITY and COUNTY understand that the design and construction costs outlined above are estimates and are used to determine PROJECT budgets and estimated payment amounts used within this Agreement. Final costs will be based on the actual contract amount of the schedule of prices and quantities used and installed. Final payments made by the CITY to the COUNTY related to this PROJECT shall be based on actual design invoices, actual bid prices, construction quantities and non-construction costs. 4.5 COUNTY shall provide the CITY with a final statement of UTILITY IMPROVEMENT WORK expenses within forty-five (45) days of the completion of the final design phase. Costs for water line work shall be listed separately from franchise utility improvements. Within forty-five (45) days after the completion of the construction contract, the COUNTY shall provide the CITY with a final statement of UTILITY IMPROVEMENT WORK and bill the CITY for any remaining costs in excess of the payments already made. Upon the completion of the construction and completion of Record Drawings, the COUNTY shall deliver one set of reproducible Record Drawings and one electronic copy related to the UTILITY IMPROVEMENT WORK, Page 4 of 7 to the CITY, for their files. 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 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. 5.3 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. 5.4 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. 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 or resolution. Page 5 of 7 5.6 REMEDIES Subject to the provisions in paragraph 5.5, 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. 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, 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 bases 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. TERMS 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 five (5) 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. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON Kathryn Harrington MAr� CHAITR, BOAOF COUNTY COMM ISSIO ERS DATE: 102 q D/ DATE: �� �7 ATTEST: CIT ECORDER RECORDING SEC TARY APPROVED AS TO FORM: APPROVED AS TO FORM: e- CITY AFrORNEY COUNTY COUNSEL APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER# / CJ-a 7 DATE a-- 5 " BY CLERK OF T BOARD Page 7 of 7 Exhibit A Of I> 00�,5 17 554 _ N , 1 � ��5 to }T1 5111.1' vORTti DAKOTA STRct' _ rw Tigard SVI TIGARD Ui RG Rpm W _ 3 ,' -� Q,1 S,W ` . ,r. STREET n-1 ONNER ctR�� o Sw z D ui J PROJECT c Z QgLOCATION �cE —, GAARDE STREET y� m SW R'EET UJ uJ - w ROAD ¢ H _ a to ire .... N il/]g �.,wr,M SIN KABLE ST�SW TTLER STREC City44 F r HIGhIANO DRIVE WASHINGTON COUNTY OREGON SW 121ST AVENUE IMPROVEMENTS =ProjectLocatlon Engineering and Construction Services Tippitt Place to to Whistlers Loop Major Roads Minor Roads IT N Private Roads L _ , -7For more Information contact MAX Light Rail t Capital Project Management Railroads `L Main 503846-7800 Rivers I Lakes FAX 503-846-7810 Streams IulpfOj@CO wa5hington Or u5 Map Dae,October 29.2018 �I Urban Growth Bay www wc-roads com Prepared by-KLF (-- Na to Scale ---_ Cities I [_- County Boundary WAP DISCLAIMER This product s for informational purposes and may not have been prepared for.or be sutable lot legal, r�ra?x,y i engineering or surveying purposes Users of this information should review or consull the primary data and information J'-- sources to ascertain the usability of the-nformalion Exhibit B CITY OF TIGARD UTILITY IMPROVEMENTS = AS PART OF THE SVv 121ST AVE PROJECT Nh pL Ar 5ti: ti WASHINGTON COUNTY -- \S104 CARMEN rFr E r r OREGON _. I Engineering and Construction Services Lenend Project area' N Waterline Construction ALBERTA 'STHEE 0 200 400 FeetS.,,; SCLXMER:Th;s product rs for mformatioral purposes arc mY a — STREE � a ' i nct have beer prepared for or tt suiabre for k"ai.engineenng or A surveying purposes.Qsers of trs Wormnon shou'd review y _ consuh the prmary data and n+omwon sources to ascertain the — usat•H of the intrmaton Mao Date:octcD r'8 01d —–I Frepa-ea by *"_F SW - :TR-E I I AMRtON STREET a / SW HOLLOW ' I I I \0N ti\ �� I Aft- CR Al f� �: ✓I �� � L EEKCR f ..; r �\ = ` I r ►snf�s �- 1 i