INTERGOVERNMENTAL AGREEMENT

BETWEEN MULTNOMAH COUNTY AND THE CITY OF PORTLAND FOR

COORDINATION ACTIVITIES RELATED TO

THE PORTLAND STREETCAR LOOP PROJECT

 

Agreement No. ______________________________________

 

 

This INTERGOVERNMENTAL AGREEMNT (“Agreement”) is made and entered into by and between Multnomah County, a political subdivision of the State of Oregon, hereinafter referred to as the “County”; and the City of Portland, a municipal corporation of the State of Oregon, hereinafter referred to as the “City”. The County and the City may be collectively referred to as the “Parties”.

 

I.  RECITALS:

 

A.  The City is lead agency for the design and construction of the Portland Streetcar Loop Project (“Project”), which will run from the Pearl District in N.W. Portland to the Oregon Museum of Science and Industry in S.E. Portland.

 

B.  The Streetcar will operate across the Broadway Bridge and its east and west approach ramps and under the east viaducts of the Morrison and Hawthorne Bridges on Martin Luther King Jr. Boulevard requiring modifications or attachments to each structure.

 

C.  With respect to the bridges identified in Recital B, ORS 382.305 to ORS 382.330. imposes obligations on the County to “maintain, keep in good condition and repair and operate the bridges and their approaches”.

 

D.  The Parties agree that it is in the public’s best interest for the City to implement the Portland Streetcar Loop Project (the “Project). The Parties further agree that it is also in the public’s best interest they should work cooperatively to develop and review plans, specifications and other construction related documents developed in furtherance of the Project to ensure that the County is able to meet it’s statutory obligations to maintain, keep in good condition and repair and operate the bridges and their approaches.

 

E.  This Agreement will be amended in the future to address Construction and Operation of the Portland Streetcar.

 

 

 

NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, the parties agree as follows:

 

 

II.  AGREEMENT

 

A.  TERM. The effective date is the last date at which every party has signed this Agreement. Unless otherwise terminated or extended, the Agreement shall expire on December 31, 2010.

 

 B.  RESPONSIBILITES OF CITY.

 

1.  As owner of Portland Streetcar, the City will serve as the Project Manager for the design of the Project,

 

2.  The City will design all components of the streetcar system that cross, attach to, or otherwise impact a County owned/maintained/operated bridge (hereinafter “County Bridge”, which for purposes of this Agreement shall include all ramps, approaches or similar structures connected to the bridge) and to meet at a minimum the requirements of the AASHTO LRFD Bridge Design Specifications, 4th Edition, the AASHTO LRFD Movable Bridge Design Specifications and relevant City of Portland specifications.

 

3.  The City will design all components of the streetcar system that cross, attach to, or otherwise impact a County Bridge in compliance with all County engineering staff recommendations and provide County engineering staff a reasonable time to review and comment on said designs; if the City does not agree to the County’s recommendations, the City shall respond in writing with the basis for the rejection of the County recommendations and a detailed and reasonable explanation why the County recommendations can not be implemented.

 

4.  If the City has rejected the County’s recommendations under Sub-section B.3. and submitted the written explanation to the County; the County shall be allowed a reasonable time to evaluate the City’s explanation; after the County’s review and if the County has not accepted the City’s explanation, the Parties shall than meet to address the issue and the Project shall not proceed until such time that the County and City agree in writing to the proposed Streetcar design components herein.

 

5.  The City will develop plans, specifications and other construction related documents as required describing all work to be done on a County Bridge and submit such documents and plans to County for review and approval. No plans or specifications for this Project shall be deemed acceptable until the City has received written County approval of said plans and specifications.

 

6.  The City will administer all project funding and reimburse the County for time worked on this project and authorized expenses within thirty (30) days of receipt of County invoices.

 

 C.  RESPONSIBILITIES OF THE COUNTY

 

1.  The County will actively and cooperatively participate in the development and timely review of the City’s plans, specifications and other construction related documents for the elements of the Project that cross the Broadway Bridge and its east and west approach ramps and run under the Morrison and Hawthorne viaducts along Martin Luther King Jr. Boulevard, provided such plans, specifications and related documents are timely submitted to the County as required under Section B of this Agreement.

 

2.  The County’s review and comment under this Agreement shall address the suitability and acceptability of the proposed design solutions and shall also address the County’s opinion regarding constructability and related issues based on the County’s knowledge of the County Bridges structure and operation and their experience with their own construction projects on the County Bridges.

 

3.  Upon request of the City, the County will assist the City in its efforts to determine the most convenient and workable schedule (for both Parties) with the least impact and disruption to operation of the bridge for the proposed work on the Broadway Bridge, including providing contact information for appropriated agency personnel at the U.S. Coast Guard, the Portland Harbor and other potentially impacted river users.

 

4.  The County will submit invoices to the City’s Project Manager, once per month, for actual work performed and authorized expenses incurred. Invoices will show the hours and dates worked, billing rates including overhead and a summary of the nature of the work performed. Expenses shall be fully itemized and will include the following:

 

 a.  County’s purchase of specialized reference material or informational material required to complete the review of plans, specifications and construction related documents, with receipts.

 

 b.  The actual, reasonable costs incurred by the County for mailing, copying or delivering documents, electronic media or similar records required for the performance of this Agreement, with receipts.

 

D.  COMPENSATION. The City will compensate County for the work associated with development and review of plans, specifications and construction related documents in an amount not to exceed $30,000.00, including any expenses.

 

E.  RELATIONSHIP OF THE PARTIES. Each of the parties to this Agreement shall be deemed an independent contractor for purposes of this Agreement. No representative, agent, employee or contractors of one party shall be deemed to be employee, agent or contractor of the other party for any purpose. Nothing herein is intended, not shall it be construed, to create between the parties any relationship or principal and agent, partnership, joint venture of any similar relationship; and each parties specifically disclaims any such relationship.

 

F.  TERMINATION. This Agreement may be terminated by either party upon sixty (60) days’ written notice.

 

G.  NOTICES AND COMMUNICATIONS. All communications between the parties regarding this Agreement shall be directed to the party’s respective contact persons as indicated below:

 

 County – Jon Henrichsen      City – Vicky L. Diede

 Multnomah County Bridge Section    Office of Transportation

 1403 SE Water Avenue      1120 SW 5th Avenue, Suite 800

 Portland OR 97214        Portland OR 97204

 503/988-3757 x228        503/823-7137

 jon.p.henrichsen@co.multnomah.or.us  Vicky.Diede@pdxtranx.org

 

Official communications regarding this Agreement shall be by e-mail or in writing to the above-named persons or their designees. Designated representatives may only be changed upon written notice to the other party.

 

 H.  INDEMNIFICATION. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall indemnify, defend, and hold harmless City from and against all liability, loss and costs arising out of or resulting from the acts of County, its officers, employees, and agents in the performance of this agreement. Subject to the conditions and limitations of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, City shall indemnify, defend, and hold harmless County from and against all liability, loss and costs arising out of or resulting from the acts of City, its officers, employees, and agents in the performance of this agreement.

 

I.  INSURANCE. Each party shall be responsible for providing workers’ compensation insurance as required by law. Neither party shall be required to provide or show proof of any other insurance coverage.

 

J.  ADHERENCE TO LAW. Each party shall comply with all federal, state and local laws and ordinances applicable to this agreement.

 

K.  NON-DISCRIMINATION. Each party shall comply with all requirements of federal and state civil rights and rehabilitation statutes and local non-discrimination ordinances.

L.  ACCESS TO RECORDS. Each party shall have access to the books, documents, and other records of the other which are related to this agreement for the purpose of examination, copying, and audit, unless otherwise limited by law.

 

M.  SUBCONTRACTS AND ASSIGNMENT. Neither party will subcontract or assign any part of this agreement without the written consent of the other party.

 

N.  ENTIRE AGREEMENT, WAIVER AND AMENDMENT.

 

1.  This Agreement constitutes the entire Agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification, amendment or change of terms of this Agreement shall bind either party unless in writing and signed by all parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver by either party of that or any other provision.

 

2.  The Parties agree and stipulate that as the Project moves forward; this Agreement, including but not limited to the compensations due hereunder; will be amended at a later date to address the Parties’ responsibilities related to the actual construction and operation of the Portland Streetcar.

 

                         

 

APPROVALS:

 

 

 MULTNOMAH COUNTY        CITY OF PORTLAND

 

 

                         

 Ted Wheeler or Designee        Sam Adams

 County Chair            Commissioner of Public Utilities

 

 

 Date:              Date:          

 

 

 

                         

 Department Director or Designee      Gary Blackmer

               City Auditor

 

 Date:              Date:          

Reviewed:

 

AGNES SOWLE, COUNTY ATTORNEY

FOR MULTNOMAH COUNTY

 

Approved as to Form:

 

 

 

                         

 Matt Ryan            Mark Moline

 Assistant County Attorney        Deputy City Attorney

 

 

 Date:              Date: