HomeMy WebLinkAboutIGA Table Rock Road Improvements - Pending SignaturesINTERGOVERNMENTAL AGREEMENT
for
TABLE ROCK ROAD IMPROVEMENTS (I-5 TO BIDDLE)
PARTIES
This agreement, hereinafter referred to as "Agreement", is made and entered into by and between
the County of Jackson, Board of Commissioners, herein after referred to as "County" and the
Cities of Central Point and Medford, herein after referred to as "Central Point" and "Medford".
County, Central Point and Medford are hereinafter individually referred to as the "Party" and
collectively referred to as the "Parties".
STATUTORY AUTHORITY
In accordance with and pursuant to the provisions of ORS Chapter 190, the
County is authorized to jointly provide for the performance of a function or
activity in cooperation with a "unit of local government" that includes cities or
other governmental authority in Oregon. By acceptance of this Agreement,
Central Point and Medford certify that they meet the above criteria for eligibility
for such cooperation with the County.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local
government, consolidated department, intergovernmental entity or administrative
officers designated herein to perform specified functions or activities is vested
with all powers, rights and duties relating to those functions and activities that are
vested by law in each separate party to the Agreement, its officers and agencies.
RECITALS
1. The County plans road improvements to Table Rock Road from I-5 to Biddle,
hereafter "Table Rock Road Project". The project is further described in Project
Agreement No. 30442 between Jackson County and the State of Oregon through
its Department of Transportation, hereafter ODOT, hereafter "Agreement No.
30442". The parties acknowledge Agreement No. 30442.
2. Table Rock Road north of the Interstate 5 overcrossing is under County
jurisdiction. Within the limits of the Table Rock Road Project, the western side of
Table Rock Road is wholly within the Central Point Urban Grown Boundary and
partially within the Central Point City Limits. Within the limits of the Table Rock
Road Project, the eastern side of Table Rock Road is wholly within the Medford
Urban Grown Boundary and partially within the Medford City Limits.
County will continue jurisdiction, operation and maintenance of Table Rock Road
within the project limits following completion of the Table Rock Road Project.
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4. The parties agree to each pay one-third of the total Table Rock Road Project
match requirement in Agreement No. 30442.
5. Central Point plans to install a fourth (west) leg of the Table Rock Road/Airport
Road intersection following completion of the Table Rock Road Project. As an
element of the Table Rock Road Project, Central Point requests that the County
assist in acquiring needed right-of-way for this future project from parcel 37 2W
12B tax lot 901. This acquisition process shall conform to the requirements of
Agreement No. 30442.
Medford plans to install a fixture storm drain facility along Airport Road, across
Table Rock Road and continuing to Bear Creek. As an element of the Table Rock
Road Project, Medford requests that the County install a storm drain pipe across
Table Rock Road to facilitate this future project. This installation shall conform
to the requirements of Agreement No. 30442.
AGREEMENT
INCORPORATION OF RECITALS
The recitals set forth above are true and correct and are incorporated herein by this reference.
COOPERATION AND SERVICES TO BE SHARED
County Responsibilities:
a. The County, with assistance of ODOT, shall deliver the Table Rock Road Project
in accordance with Agreement No. 30442.
b. County shall pay the match requirement and any project overruns in accordance
with Agreement No. 30442. County shall pay match for each phase of the project
when invoiced by ODOT.
The County shall bill Central Point for one third, and Medford for one-third, of
the total project match requirement in Agreement No. 30442 ("Total Project
Match") upon receipt of the Construction Phase match invoice from ODOT, or
after July 1, 2017, whichever date is later. The maximum Total Project Match in
Agreement No. 30442 is $809,639.51. The maximum invoice amount to Central
Point and Medford is $269,879.84 each. The current Table Rock Road Project
schedule sets the Total Project Match payment to be due from County to ODOT in
February 2017.
d. The County shall design and install for Medford a storm drain pipe across Table
Rock Road near Airport Road. The design and location of this pipe shall be
approved by Medford prior to installation. If ODOT determines this storm drain
pipe is non -participating, County shall bill Medford for non -participating costs.
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The County shall manage and pay all administrative costs associated with the
acquisition of right-of-way from parcel 37 2W 12B tax lot 901 for purpose of
constructing the fourth leg of the Table Rock Road/Airport Road intersection.
These administrative costs shall include, but are not limited to, engineering
design, description, appraisal, review appraisal, consultant and ODOT time and
demolition costs. Central Point shall pay the actual cost to the property owner for
acquisition of the right-of-way.
2. Central Point Responsibilities:
a. Central Point shall cooperate with the County in the project development for the
Table Rock Road Project.
b. Central Point shall pay County for one-third of the Total Project Match for the
Table Rock Road project, not to exceed $269,879.84, within 30 days of receipt of
invoice from County.
Central Point shall cooperate and review the right-of-way acquisition offer for the
fourth leg of the Table Rock Road/Airport Road intersection as described in
County Responsibility Le. Upon completion of this right-of-way acquisition,
Central Point shall pay directly to the property owner all acquisition and
relocation costs due to the property owner. In the event this acquisition requires
condemnation, Central Point shall be the lead agency for the condemnation and
shall be responsible for all filings, legal costs and judgments.
3. Medford Responsibilities:
a. Medford shall cooperate with the County in the project development for the Table
Rock Road Project.
b. Medford shall pay County for one-third of the Total Project Match for the Table
Rock Road project, not to exceed $269,879.84, within 30 days of receipt of
invoice from County.
Medford shall provide necessary design and engineering information related to the
design of the storm drain pipe near Airport Road as described in County
Responsibility l .d. and shall provide timely review of the storm drain facility
design. In the event the storm drain pipe near Airport Road is deemed non-
participating by ODOT, Medford shall reimburse County for all non -participating
costs within 30 days of receipt of invoice for non -participating costs.
GENERAL TERMS
Duration:
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a. This Agreement shall be effective when signed by all parties and shall continue
until the project is closed out by ODOT or pursuant to the termination section
below.
2. Termination:
Without Cause: This Agreement may be terminated (1) immediately by mutual
consent of the parties; or (2) by any party upon thirty (30) days written notice
delivered by certified mail or in person to the other parties.
b. For Cause: Any party may terminate this Agreement, in whole or in part,
effective upon delivery of written notice to all other parties or at such later date as
may be established by the terminating party, under any of the following
conditions:
If the party's funding from federal, state, or other sources is not
obtained and continued at levels sufficient to allow for the
performance of the Agreement;
ii. If federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the party's performance is no
longer lawful.
c. For Default or Breach
Any party may terminate this Agreement in the event of a breach of
the Agreement by another party. Prior to such termination, the
party seeking termination shall give written notice of the breach
and intent to terminate, delivered by certified mail or in person to
the other parties. If the party committing the breach has not
entirely cured the breach within fifteen (15) days of the date of the
notice, or within such other greater period as the party giving the
notice may authorize or require, then the Agreement may be
terminated at any time thereafter by a written notice of termination
by the party giving notice, delivered by certified mail or in person
to the other parties.
ii. The rights and remedies of the parties provided in this subsection
are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
d. Obliization/Liability of Parties:
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i. Termination of this Agreement pursuant to subsections a. b. or c.
above shall be without prejudice to any obligations or liabilities of
a party already accrued prior to such termination or modification.
3. Modification, No Assignment, Construction; Effective Date; Third Partv
Beneficiaries; Waiver, Partial Invaliditv; Execution
a. This Agreement may be amended only by a written amendment signed by all
parties.
b. No party may assign or otherwise transfer, in whole or in part, any or all of its
obligations or rights hereunder without the prior written consent of the other
parties.
This Agreement shall be construed and enforced in accordance with the laws of
the State of Oregon. The parties agree and acknowledge that the rule of
construction that ambiguities in a written agreement are to be construed against
the party preparing or drafting the agreement shall not be applicable to the
interpretation of this Agreement.
d. This Agreement shall not become effective until all parties have executed this
Agreement.
e. Jackson County, the City of Medford, and the City of Central Point are the only
parties to this Agreement and the only parties entitled to enforce its terms.
Nothing in this Agreement gives, is intended to give, or shall be construed to
give or provide, any benefit or right, whether directly, indirectly or otherwise, to
third persons unless such third persons are individually identified by name herein
and expressly described as intended beneficiaries of the terms of this Agreement.
f. The waiver by any party of a breach or violation of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent
breach thereof. No delay or failure to require performance of any provision of
this Agreement shall constitute a waiver of that provision as to that or any other
instance. Any waiver granted by a party must be in writing to be effective, and
shall apply solely to the specific instance expressly stated.
g. The parties agree that if any term or provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular term or provision held
to be invalid.
h. This Agreement may be executed in several counterparts (facsimile or otherwise)
all of which when taken together shall constitute one agreement binding on all
IGA — Table Rock Road Project Page 5 of 7
parties, notwithstanding that all parties are not signatories to the same
counterpart. Each copy of this Agreement so executed shall constitute an
original.
4. Indemnification:
a. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each party
to this Agreement shall be solely responsible for its own actions and/or omissions,
and shall indemnify and hold the other parties harmless from any liability, cost or
damage arising from its acts or omissions in the performance of this Agreement.
Provided, however, that no party shall be required to indemnify any other party for
any claim, loss or liability arising solely out of the wrongful act of the other
party's elected officials, officers, employees, volunteers or agents. The provisions
of this paragraph shall survive the expiration or termination of this agreement.
DELEGATION:
By signing below, the parties agree that the following individuals shall be the contact
point for written notices, and shall have authority to execute this agreement, including any
decision to terminate or amend with the understanding that any dollar amount of an additional
work or change order will be limited by expense authority under the respective entity's
contracting and purchasing regulations.
City of Central Point
Chris Clayton, City Administrator
140 So. Third Street
Central Point, OR 97502
541-664-3321
Jackson County
Danny Jordan, County Administrator
10 So. Oakdale
Medford, OR 97501
541-774-6001
City of Medford
Alex Georgevitch, Deputy Public Works Director
411 W. 8h Street
Medford, OR 97501
541-774-2100
THIS AGREEMENT AND ATTACHED EXHIBITS, IF ANY, CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER HEREOF. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH 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.
IGA — Table Rock Road Project Page 6 of 7
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement effective on the
last date signed below. Each Party, by signature below of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms
and conditions. Each person signing this Agreement represents and warrants to have authority to
execute this Agreement.
JACKSON COUNTY: CITY OF CENTRAL POINT:
Danny Jordan (Date) Name v (Date)
County Administrator br\ r \A�-4f».
10 So. Oakdale Title N (�
Medford, OR 97501
Cec\ VV01V V-k�' u1,4 6) y— D�
APPROVED AS TO LEGAL SUFFICIENCY
Sr. Asst. County Counsel
Date
CITY OF MEDFORD:
Name
Title
(Date)
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IN WITNESS WHEREOF, the Parties hereby enter into this Agreement effective on the
last date signed below. Each Party, by signature below of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms
and conditions. Each person signing this Agreement represents and warrants to have authority to
execute this Agreement.
JACKSON COUNTY: CITY OF CENTRAL POINT:
Danny Jordan ( Date) Name (Date)
County Administrator
10 So. Oakdale Title
Medford, OR 97501
APP OVED AS TEG S ' FICIEYCY: CITY OF MEDFORD:
Asst. County Counsel — 12/7/2017
1 S LDS Name (Date)
Date Mayor of Medford
Title
IGA — Table Rock Road Project Page 7 of 7
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement effective on the
last date signed below. Each Party, by signature below of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms
and conditions. Each person signing this Agreement represents and warrants to have authority to
execute this Agreement.
JACKSON COUNTY:
,Danny Jordan (Date)
County Administrator
10 So. Oakdale
Medford, OR 97501
APPROVED A5 TO l.lIGAL SGUICIENCY
Sr Aas't. Count), C:oun el
Date
CITY OF CENTRAL POINT:
«' 1a/a/4Z
;Name (Date)
Title (�
CITY OF MEDFORD:
Name (Date)
Title
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