Metro ~ IG193002 ~ Fanno Creek Trail Alignment Study (2) DocuSign Envelope ID:4FDFD21C-219F-49D4-BA79-2AA5074BD5FA
AMENDMENT NO. 1 METRO INTERGOVERNMENTAL AGREEMENT NO. 935578
This First Amendment amends the Intergovernmental Agreement(IGA) with Metro and the City of
Tigard.
In exchange for the promises and other considerations set forth in the IGA,Contract Amendment No.
1,the parties agree as follows:
A. Purpose
The purpose of Contract Amendment No. 1 is to revise Section 1.Term to extend the IGA
termination date to June 30, 2022.
B. Provision of the Amendment
1. Amendment of termination date. Section 1.Term.
Section 1 of the IGA is amended to extend the IGA termination date from September 30,2021 to June
30, 2022. The parties acknowledge that per the terms of IGA Contract No. 935578, this will be the
first extension.
C. No Other Modifications
Except as modified herein, all other terms and conditions of the IGA shall remain in full force and
effect. Any conflict between the provisions of this First Amendment,on the one hand,and the original
IGA, on the other hand,shall be resolved by reference to and reliance upon this First Amendment.
CITY OF TIGARD METRO
DocuSigned by:
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By: gBy:g$ ari ssa madrigal
Title: Title: coo
City Manager
Date: September 15, 2021 Date: 9/16/2021
Page 1 - First Amendment to Intergovernmental Agreement No. 935578
® Metro
600 NE Grand Ave.
Intergovernmental Agreement Portland,OR97232.2736
Metro Contract No. 935578
Project: Fanno Creek Trail Alignment Study
THIS AGREEMENT is between Metro, a metropolitan service district organized under the laws of the State of
Oregon and the Metro Charter, located at 600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and City of Tigard,
referred to herein as"the CITY,"located at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223.
Background
Metro is the federally mandated metropolitan planning organization(MPO)designated by the Governor to develop an
overall transportation plan for the region. The Metropolitan Transportation Improvement Program (MTIP)documents how
all federal transportation money is spent in the Portland metropolitan area. It also documents state-and locally-funded
projects that may significantly affect the region's air quality. As the MPO for the Portland region, Metro is required to
prepare the MTIP documenting funded projects scheduled for the next four years.
Regional flexible funds are money from the federal government that may be used for a wide range of projects. In the
2018-2021 Metropolitan Transportation Improvement Program and 2019-2021 Regional Flexible Funds Allocation Policy
Statement, the Metro Council approved use of$2 million in locally bonded Regional Flexible Funds to use for project
development to help prepare a pipeline of active transportation projects and better position the region to win federal, state
and local transportation funds. Project development includes activities such as refining alignments, design, public
outreach, permits and clearances, finalizing right of way acquisition,and finalizing specifications.
In May 2017, the Metro Council approved Resolution No. 17-4800,which provided, among other things,for the
commitment of regional flexible funds for certain TriMet bond commitments. In June 2017, TriMet and Metro entered into
an Intergovernmental Agreement where Metro committed to facilitate TriMet's receipt of the aggregate annual amount of
MTIP Funds and regional flexible funds and TriMet committed to provide bond proceeds for certain identified projects
(Metro Contract No.934681). In November 2017, The Metro Council approved Resolution No. 17-4848, which provided,
among other things,authority to execute an amended IGA between Metro and TriMet,to incorporate an increased multi-
year commitment of regional flexible funds. In July 2018, Metro and TriMet entered into a subsequent Intergovernmental
Agreement in which TriMet agreed, among other things, to transfer to Metro$2,000,000 for the Active Transportation/
Safe Routes Projects(Metro Contract No. 935334).
With dire-cAio_nfrom the-Metro Council and the Joint Policy Advisory Committee on Transportation(JPACT)finance-
subcommittee,local jurisdictions and regional partners identified eleven(11)active transportation projects to receive bond
proceeds for project development funding. Projects were pulled from a previously refined list of projects as shown in
Metro's "Active Transportation: 10-Year Investment Scenarios for Connected Centers and Corridors." Projects were
identified though a collaborative process conducted with each county and the City of Portland using a set of criteria to
select the projects. Stakeholders had opportunities to provide input during the process.At the March 27, 2018 work
session the Metro Council provided direction to staff to bring the list of projects to JPACT for endorsement. The
Clackamas, Multnomah and Washington County Coordinating Committee's formally endorsed the identified projects at
their March and April 2018 meetings. Portland Commissioner Dan Saltzman endorsed Portland's projects in April 2018. At
the May 4, 2018 meeting,the Transportation Policy Alternatives Committee(TPAC)unanimously recommended that
JPACT endorse the project to receive funding for project development activities. On May 17, 2018, JPACT endorsed the
projects.
Metro allocated$1.7 million of bond proceeds resulting from the regional flexible funds for development of the eleven(11)
active transportation projects;the remaining $300,000 will be used to conduct a cost benefit analysis of the region's
investment priorities in active transportation and develop a baseline development assessment of those projects. Some
project sponsors provided additional cash or in-kind contributions, though match was not required.
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Metro Contract No. 935578
The Fanno Creek Trail Alignment Study("the Project") is one of the eleven(11)projects identified by Metro and local
partners and endorsed by JPACT.The purpose of this Agreement is to facilitate funding of the Project.
1. Term
The term of this Agreement will be from October 1,2018 through September 30, 2021, unless terminated or extended as
provided in this Agreement.
2. Scope of Work
The CITY must perform all activities specified in the attached"Exhibit A—Scope of Work,"which is incorporated into this
Agreement by this reference as if set forth in full. To the extent that the Scope of Work contains additional Agreement
provisions or waives any provision in the body of this Agreement,the Scope of Work controls.
3. Changes to Scope of Work
The CITY and Metro may modify the Scope of Work, upon mutual agreement, provided that there are no changes to the
CITY's contribution nor substantial changes to the schedule covered by the Scope of Work and so long as the change
does not require adoption by JPACT or the Metro Council.
4. Compensation
The total Agreement amount is TWO HUNDRED TWO THOUSAND EIGHT HUNDRED NINETY-TWO AND NOI100T"
DOLLARS($202,892.00). This amount includes(1)bond�roceeds to be dispersed to the CITY by Metro not to exceed
ONE HUNDRED SIXTY-ONE THOUSAND AND NO/1007 DOLLARS($161,000.00);(2)the CITY's contribution of up to
FOUR THOUSAND AND NO/100TH DOLLARS($4,000.00);and(3)the CITY's in kind contribution of up to THIRTY-
SEVEN THOUSAND EIGHT HUNDRED NINETY-TWO AND NO/100TH DOLLARS($37,892.00). Metro will reimburse the
CITY only for work completed on the Project during the effective date of the Agreement period.
5. Payment
Metro will reimburse the CITY as set forth in the Scope of Work.
6. Excess Funds
If the CITY fails to start or complete the Project, or completes the Project without expending all of the funds,any
remaining bond proceeds funds for the Project will be considered to be excess flexible funds.These excess funds will
revert to Metro to return to TriMet pursuant to Contract No.935334;or,the Project sponsor/local jurisdiction receiving the
bond proceeds funds may make a written request for a change under the Scope of Work change management provision.
Reallocation of the funds may be done administratively or may require JPACT approval.
7. Right to Withhold payments
Metro will have the right to withhold payments due to the CITY such sums as necessary,in Metro's sole opinion,to protect
Metro against any loss,damage or claim which may result from the CITY's performance or failure to perform under this
Agreement or the failure of the CITY to make proper payment to any suppliers or subcontractors. Metro will retain 10%of
the Project funds provided by Metro. Metro will release the retained funds to the CITY upon substantial completion of the
Project as described in the Scope of Work.
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8. Funding Recognition
The CITY must recognize Metro and use Metro's logo in any publications, media presentations, or other presentations
referencing the Project produced by or at the direction of the CITY, including, without limitation, any on-site signage.
9. Records Maintenance
The CITY must maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting
principles("GAAP"). In addition, the CITY must maintain any other records pertinent to this Agreement in such a manner as
to clearly document the CITY's performance. The CITY must retain and keep accessible all such fiscal records, books,
documents, timesheets, papers, plans, and writings for a minimum of six(6)years, or such longer period as may be required
by applicable law,following final payment and termination of this Agreement, or until the conclusion of any audit,controversy
or litigation arising out of or related to this Agreement,whichever date is later.
10. No Third Party Beneficiary
Except as set forth herein, this Agreement is between the Parties and creates no third-party beneficiaries. Nothing in this
Agreement gives or will be construed to give or provide any benefit, direct, indirect, or otherwise to third parties unless
third persons are expressly described as intended to be beneficiaries of its term.
11. Indemnity
To the extent permitted by Oregon law and subject to the limitations of the Oregon Tort Claims Act and the Oregon
Constitution, the CITY agrees to indemnify and defend Metro and hold Metro, its agents, employees and elected officials
harmless from any and all claims, demands, damages, actions, losses, and expenses, including attorney's fees at trial and
on appeal, arising out of or in any way connected with its performance of this Agreement.
12. Termination for Cause
a. Subject to the notice provisions set forth in Section 2 below, Metro may terminate this Agreement, in full or in part,
at any time during the term of the Agreement if Metro reasonably determines that the CITY has failed to comply
with any provision of this Agreement and is therefore_in default.
b. Before terminating this Agreement in accordance with Section 1 above, Metro will provide the CITY with written
notice that describes the reason(s)that Metro has concluded that the CITY is in default and includes a description
of the steps that the CITY must take to cure the default. From the date that such notice of default is received by the
CITY, the CITY will have 30 days to cure the default. If the default is of such a nature that it cannot reasonably be
cured within 30 days, the CITY will have such additional time as required to cure the default, as long as it is acting
in a reasonable manner and in good faith to cure the default. In the event the CITY does not cure the default within
the 30-day period, Metro may terminate all or any part of this Agreement, effective on any date that Metro chooses
following the 30-day period. Metro will notify the CITY in writing of the effective date of the termination.
c. The CITY will be liable to Metro for all reasonable costs and damages incurred by Metro as a result of and in
documentation of the default. Following such termination, should Metro later determine or a court find that the
CITY was not in default or that the default was excusable (e.g., due to a labor strike, fire, flood, or other event that
was not the fault of, or was beyond the control of, the CITY)this Agreement will be reinstated or the parties may
agree to treat the termination as a joint termination for convenience.
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13. Joint Termination for Convenience
Metro and the CITY may jointly terminate all or part of this Agreement based upon a determination that such action is in
the public interest. Termination under this provision will be effective only upon the mutual,written termination
agreement signed by both Metro and the CITY.
14. Dispute Resolution
This Agreement is to be construed according to the laws of the State of Oregon. The CITY and Metro shall negotiate in
good faith to resolve any dispute arising out of this Agreement. If the Parties are unable to resolve any dispute within
fourteen(14)calendar days,the Parties shall attempt to settle any dispute through mediation. The Parties shall attempt to
agree on a single mediator. The cost of mediation will be shared equally. If the parties agree on a mediator,the
mediation must be held within 60 days of selection of the mediator unless the Parties otherwise agree. If the Parties
cannot agree on a mediator, or the matter is not settled during mediation, the Parties will have all other remedies available
at law or in equity.
15. State and Local Law Compliance
The CITY must comply with all applicable federal,state,and local laws,regulations, executive orders and ordinances
applicable to the work under this Agreement.The CITY must comply with the State of Oregon requirements for crossing an
interstate highway.
16. Discrimination Prohibited
No recipient or proposed recipient of any services or other assistance under the provisions of this Agreement or any program
related to this Agreement may be excluded from participation in, be denied the benefits of,or be subjected to discrimination
under any program or activity funded in whole or in part with the funds made available through this Agreement on the
grounds of race,color,or national origin,42 U.S.C.§2000d(Title VI), or on the grounds of religion,sex,ancestry,age,or
disability as that term is defined in the Americans with Disabilities Act. For purposes of this section,"program or activity'is
defined as any function conducted by an identifiable administrative unit of the CITY receiving funds pursuant to this
Agreement.
17. Notice of Project Risk
The CITY,must inform Metro immediately of any actual or potential problems or defects that present potential risk to the
project moving forward.
18. Independent Contractor Status
The CITY is an independent Contractor for all purposes and is entitled only to the compensation provided for in this
Agreement. Under no circumstances will the CITY be considered an employee of Metro.The CITY must provide all tools or
equipment necessary to carry out this Agreement,and will exercise complete control in achieving the results specified in the
Scope of Work.
The CITY is solely responsible for its performance under this Agreement and the quality of its work;for obtaining and
maintaining all licenses and certifications necessary to carry out this Agreement;for payment of any fees,taxes,royalties,or
other expenses necessary to complete the work except as otherwise specified in the Scope of Work;and for meeting all
other requirements of law in carrying out this Agreement.
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19. Notice and Parties Representatives
The parties must address any notices permitted or required by this Agreement to the other party's representative(s) as
set forth below and will be deemed received (a)on the date they are personally delivered, (b)on the date they are sent
via facsimile, or(c) on the third day after they are deposited in the United States mail, postage fully prepaid, by certified
mail return receipt requested. Either party may change its representative(s)and the contact information for its
representative(s) by providing written.
The CITY's Designated Representative:
Tegan Enloe
13125 S.W. Hall Boulevard
Tigard, Oregon 97223
tegane cDtigard-or.gov
with copy to:
City Attorney
13125 S.W. Hall Boulevard
Tigard, Oregon 97223
Metro's Designated Representative:
Grace Cho
Associate Transportation Planner
Metro
600 N.E. Grand Avenue
Portland, OR 97232-2736
with copy to:
Office of Metro Attorney
600 N.E.Grand-Avenue
Portland, OR 97232-2736
20. Assignment
The CITY may not assign or transfer this Agreement without written permission from Metro.
21. Choice of Law
The situs of this Agreement is Portland,Oregon. Any litigation over this Agreement will be governed by the laws of the State
of Oregon and will be conducted in the Circuit Court of the State of Oregon for Multnomah County, or, if jurisdiction is proper,
in the U.S. District Court for the District of Oregon.
22. No Waiver of Claims
The failure to enforce any provision of this Agreement does not constitute a waiver by Metro of that or any other provision.
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23. Modification
Notwithstanding and succeeding any and all prior agreements or practices, this Agreement constitutes the entire Agreement
between the parties, and may only be expressly modified in writing,signed by both parties.
24. Severability
If any clause, sentence or any other portion of the terms and conditions of this Grant Agreement becomes illegal, null or
void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law.
25. Authority
The representatives signing on behalf of the Parties certify they are duly authorized by the Party for whom they sign to
make this Agreement.
26. Further Assurances
Each of the Parties shall execute and deliver any and all additional papers, documents, and other assurances, and shall
do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder
and to carry out the intent and agreements of the Parties hereto.
27. Counterparts
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which will
constitute one and the same instrument.
28. No Special or Consequential Damages
The CITY expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will
Metro be liable for and the CITY specifically releases Metro from any liability for special, punitive, exemplary,
consequential, incidental or indirect losses or damages(in tort, contract or otherwise)under or in respect of this
Agreement or for any failure of performance related to the Scope of Work or this Agreement,_however caused,whether or
not arising from Metro's sole,joint or concurrent negligence.
SIGNATURE PAGE TO FOLLOW
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The CITY, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT THE CITY HAS
READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
City of Tigard Metro
By: 1
i
Printed: MOkjlo- L, Printed: Martha Bennett
Title: 612 , /Va✓1 Q ti✓ Title: Chief OperatingOfficer
Date: I O 123 12-4) I Date: lli�/�lfA��O
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Exhibit A Scope of Work
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Metro Contract No.935578
Project Title: FannoCreek Trail Alignment Study
RTP No. 12UO8
Estimated budget attime ofaward:
Total Cost ofProject: $202'892
Metro Award $101`000
Local Cash Contribution Up0a $4.0OO
Local In-Kind Contribution Upto$37.892
The project application ioattached Vothe Scope ofWork aeAttachment 1.
The CITY will proceed with the Project aafollows:
1. The CITY agrees to proceed with the Project as scheduled and submit to Metro the following
deliverables infull:
Timeframe of Estimated
Task Deliverable Task(Start and etro
End Mo.[Yr.) Allocation
Amount
1 Data Collection:
This task focuses on collecting data necessary to
understand the design implications of each draft
alignment. It focuses primarily on survey work,
which will help in identifying where structures may
be needed and could impact final costs
Terrain Information December 2018 $16,100
Collect information on the project area to help with —January 2019
alignment designs.
la Deliverable: Copy of data
2 Develop Final Alignment:
This task works to develop draft alignments for
consideration, evaluate and rank the alignments
and establish a preferred project alignment.
2a Draft alignments: January 2019— $32,200
Develop draft alignments for consideration. March 2019
Deliverable: Copy of draft alignments drawings
2b Evaluation criteria: January 2019— $32,200
Develop evaluation criteria used to rank draft March 2019
alignments. Potential criteria may include cost, user
experience,environmental impacts, and more,
Deliverable: Copy of evaluation criteria matrix
2c Preferred alternative: March 2019— $32,200
Identify a project preferred alternative based on the June 2019
evaluation criteria and public comments.
Deliverable: Copy of preferred alternative drawing
3 Cost Estimates:
omeu
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Exhibit A — Scope of Work Portland,OR 97232-2736
Metro Contract No. 935578
This task creates 10-20% engineers cost estimates
to help understand the cost associated with draft
and preferred alignments.
3a Draft cost estimate: March 2019— $24,150
Prepare draft cost estimates for the draft June 2019
alignments.
Deliverable: Copy of draft cost estimates for draft
alignments in excel
3b Final cost estimate: June 2019— $24,150
Prepare a final cost estimate for the preferred September 2019
alignment. This number will be used in the future to
seek funding for final design and construction.
Copy of final cost estimate for preferred alternative
in excel
2. Project Location:
City of Tigard,Washington County, between SW Bonita Road and the Tualatin River
3. Publicity:
As a courtesy, the CITY will inform and invite Metro to project related activities including but not
limited to technical committees, site visits, and any public opening ceremony and/or events. The CITY
must recognize Metro, using the Metro logo, in any publications, media presentations,or other
presentations referencing the Project.
4. The CITY agrees to submit to Metro regular progress reports as follows:
a) Quarterly Progress Reports: In addition to the Project Deliverables set forth above, once work has
begun, the CITY must provide to Metro a progress report, documenting the status of the Project.
The CITY must submit the progress report to Metro quarterly. The first progress report will be due
at the start of the project and will detail the tasks and deliverables to be completed in the first
quarter of the project. The-CITY-must include the following details in all-progress reports:
i. An account of the work accomplished to date.
ii. A statement regarding the CITY's progress on the Project.
iii. The percentage of the Project completed.
iv. A statement as to whether the Project is on schedule or behind schedule.
v. A description of any unanticipated events.
vi. A description of the next quarter's tasks.
b) The CITY must submit all progress reports in a memorandum format with the title of"Progress
Report: (insert name of project)"or in another Metro approved and documented reporting method.
c) Final Report: The CITY must submit a final report and final reimbursement request within sixty
(60)days of the earlier(a)the Project completion date or(b)the expiration date of the
Intergovernmental Agreement. The final report must include:
i. Full and final accounting of all expenditures.
ii. The value and source of all local contribution funds.
iii. A description of work accomplished.
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Metro Contract No. 935578
iv. Volunteer hours and participation(if applicable).
v. Project photos(including a photo of the signage acknowledging Metro during construction), if
used.
d) The final report submitted by the CITY must be in the Final Report provided by Metro unless
Metro approves in writing another reporting method.
5. Reimbursement-Limitations:
a) Payments may not exceed the amount budgeted per Project Deliverable identified in the Scope of
Work.
i. In the event a Project Deliverable does not expend its entire budget,funds may be carried
over to the next Project Deliverable.
ii. In the event of cost overrun, no additional funding will be granted.
b) Before the first reimbursement request,the CITY must provide a written explanation on the
strategy to be deployed to address the possibility of cost overruns on the Project.
c) The CITY should expend awarded amount of funding according to the timeline and schedule. If
awarded amount of funding is not expended according to schedule,then the CITY must make a
written change management request to Metro. Otherwise,if timely expenditure is not made,
Metro may terminate the Agreement.
d) Retainage: Metro will reserve as retainage an amount equal to 10%of the total funds Metro has
committed to the Project. Metro will reimburse the CITY in full for Project expenditures until Metro
has released 90%of the funds,and will reserve the remaining 10%as retainage. The total
retained funds will be disbursed to the CITY once the Project is fully completed and approved by
Metro. Following completion of the Project and approval by Metro, Metro will deliver to the CITY
the entire retainage as part of the final reimbursement payment. For the purposes of this section,
completion of the Project means that Metro has verified in writing to the CITY that the Project is
substantially complete.__
6. Change Management:
a) Metro will shift funds that the CITY did not use in earlier stages of the Project to later phases of
the Project without a change request.The CITY may not advance or move funds budgeted for a
later Project Deliverable of the Project to an earlier Project Deliverable.
b) The CITY must make a request for the following changes to the Project:
i. A revision to the Project scope of work and/or timeline.
ii. Addition of local funds to the Project.
c) Change requests to reduce the scope of the Project will not change local contribution
commitment on the Project.
d) The CITY must submit change requests to Metro in writing.
7. Reimbursement—Invoicing:
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Metro Contract No.935578
a) The total Agreement amount is TWO HUNDRED TWO THOUSAND EIGHT HUNDRED NINETY-
TWO AND NO/100TH DOLLARS ($202,892.00). This amount includes(1) bond proceeds to be
dispersed to the CITY by Metro not to exceed ONE HUNDRED SIXTY-ONE THOUSAND AND
NO/100TH DOLLARS($161,000.00); (2)the CITY's contribution of up to FOUR THOUSAND AND
NO/100TH DOLLARS ($4,000.00); and (3)the CITY's in kind contribution of up to THIRTY-
SEVEN THOUSAND EIGHT HUNDRED NINETY-TWO AND NO/100TH DOLLARS ($37,892.00).
b) The CITY is solely responsible for paying the CITY's subcontractors and nothing contained herein
will create or be construed to create any contractual relationship between any contractor or
subcontractor and Metro.
c) All invoice payments are conditional upon Metro's Project Manager's approval of the deliverables.
Deliverables being invoiced for reimbursement must accompany invoices. The CITY must
present progress reports to Metro's Project Manager on a quarterly basis.
d) The CITY's invoices must display one hundred percent(100%)of the total project costs incurred
during the period of the invoice, and identify any required contribution amounts. Documentation
includes without limitation copies of receipts for expenditures, timesheets, or system-generated
accounting reports documenting the actual expense. Metro must receive and accept the
documentation before Metro makes payment.
e) The CITY must include in the invoice:
• Metro Contract No. 935578
• CITY name
• Remittance address
• Invoice date
• Invoice number
• Invoice amount
• Local contribution amount
• Itemized statement of work a orme an expenses incurredduring the invoice period
• Required to be submitted quarterly
f) The CITY must send the invoice to:
Metro
Grace Cho—Project Manager
600 N.E. Grand Avenue
Portland, Oregon 97232-2736
or:
grace.chona oregonmetro.gov
g) The CITY must reference the Metro Contract No. 935578 in the email subject line.
h) Pursuant to Metro's fiscal year end, the CITY's invoices for services through June 30 of each year
of the contract period must be submitted to Metro no later than July 30. Metro will make payment
on a Net(thirty)30 day basis upon approval of The CITY's invoice and quarterly progress report.
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ATTACHMENT 1
PROJECT APPLICATION
TO FOLLOW
I
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Project Development Scope of Work Form
Complete this form for projects proposed to receive 2019-2021 RFFA bond proceeds for project
development of active transportation projects.
Project requirement checklist—project must:
Yes Help complete the regional bicycle and/or pedestrian network(https://gis.oregonmetro.gov/rtp/)
Yes Be in a local Transportation System Plan
Yes Be in the 2014 Regional Transportation Plan or the draft 2018 Regional Transportation Plan
Name of Project: Fanno Creek Regional Trail—Bonita Rd to Tualatin Bridge
Total project cost(start to finish):$-8 Million(depending on option chosen)
Amount requested for project development: $161,000
Project Contact
Name,title, phone&email for:
1. Project Lead: Mike McCarthy,Senior Project Engineer,503-718-2462, mikem@tigard-or.gov
2. Project Manager: Lori Faha,City Engineer,503-718-2759,lorif@tigard-or.gov
3. Project Engineer: Mike McCarthy,Senior Project Engineer,503-718-2462,mikem@tigard-or.gov
Project Information
1. City(ies)where project is located: Tigard and perhaps Durham
2. County(ies)where project is located: Washington
3. Start location Bonita Road near Fanno Creek End location Ki-a-Kuts bridge to Tualatin
4. Corresponding TSP project number(s)for the nominated-project:—M2
5. Corresponding RTP project number(s)forthe nominated project: 10766
Current Project Description
1. Briefly describe the project purpose(what issue or need will the project address) (Example:A new
buffered regional bikeway will provide safe and comfortable access along a high injury corridor to
three major transit stations, two elementary schools and a town center):
This project would develop the conceptual alignment and cost estimate to construct 1.5 miles of
regional trail,the final link of the 14-mile Fanno Creek Regional Trail serving Tigard, Durham,
Tualatin, Beaverton,and the Garden Home neighborhood. The finished construction project
would provide the primary active transportation alternative for communities along the 1-5 and
Hwy 217 corridors by completing the final missing link in the Fanno Creek Greenway Regional Trail.
The connected trail will provide access to essential services in the Tigard, Durham,and Tualatin
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city centers,two schools,and several transit stops,for residents and particularly for high
concentrations of low-English-proficiency, low-income,and non-white residents.
2. Summarize the planning and project development process for this project to date(identify plans,
studies,or documents that have led to the current project definition):
This trail segment has been part of many planning efforts including Regional Transportation Plan
project 10766, Regional Trail 17,Washington County Transportation System Plan,Tigard
Transportation System Plan M2,and the Tigard Greenway Trails Plan C. Each identifies the need
for this connection,with the understanding that the specific alignment will need to be identified.
The alignment resulting from this work would be included in each plan's next update.
3. Describe the preferred alignment(s)of the project:
From Bonita Road south generally along Fanno Creek connecting to existing regional trails north of
the Ki-a-Kuts Bridge across the Tualatin River. A potential last option would be alongside Durham
Rd and 85`h Ave.
4. Describe the major design features of the project(Example:project will include a buffered bikeway
of X width,bikeway intersection treatments, wayfinding,bicycle signal, and median):
Project elements include paved at-grade regional trail(meeting regional trail standards), bridges
across creeks,a planned crossing under Durham Road,boardwalks as needed across sensitive
areas,and connecting trails where appropriate.
5. Are the preferred alignments and major design features broadly known and supported,or subject
to change through the remaining project development process?
The general alignment along or parallel to Fanno Creek has been broadly known and supported for
decades. There are a number of alternative alignments for various portions of this trail,and a key
purpose of this project is to figure out which of these alternatives would be best.
6. Describe known or potential impacts to other agency's facilities, prior coordination with those
agencies(ODOT,transit, railroads, utilities,etc.)about potential impacts to date,and potentially
needed permits or agreements:
Part of the trail could be in the City of Durham,and the City of Durham is a project partner. The
project team would work with the various appropriate agencies(most of whom support
connecting the trail)to figure out how to address the various environmental and historical issues
along the creek. The final project may include a rail crossing,which would involve working with
the railroad,Trimet,and ODOT Rail. Conceptual design would also consider Clean Water Services
facilities in the area,and CWS is a partner in current trail design and supports this connection.
Issues to be considered in this development process include optimizing trail user experience,
efficiency of the trail for transportation, reducing environmental and other impacts,preserving
wildlife habitat,potential proximity to and crossing of rail right-of-way, potential proximity to
Clean Water Services facilities,connections to existing neighborhoods,acquisition of trail
easements and/or right-of-way, location of trail structures to reduce hydraulic impact,floodplain
and creek level affect analysis,reducing creek erosion potential,soil conditions, public
engagement, project cost,etc.
Page 2 of 7
7. Describe whether right-of-way impacts(both construction easements and permanent)are known
and if so,whether right-of-way is secured or not:
Tigard and Durham have been working towards this project for years. Tigard has acquired much of
the properties and easements for future trail construction,and continues to do so. It is likely that
some additional property and/or easement acquisition would be necessary for trail construction,
with the amount and location depending on the alternative chosen. Durham has been in
discussion with the owner of three potentially affected properties at 16555, 16565,and 16575
Upper Boones Ferry Rd and believes a path forward exists for willing-seller acquisition.
8. Describe how the project will address the needs and contribute to desired outcomes, including:
a. Will the project serve Title 1 schools, low-income, low-English proficiency,non-white,
elderly and young,and/or persons with disabilities populations?Yes or No:Yes If yes,
how?
The project will provide access to Durham Elementary School(which is Title 1),and
provide a primarily off-street path from this Title 1 school to a large area of housing that
serves low-income, low-English proficiency,and non-white families,with connections to
jobs,transit,and education.
b. Will the project reduce fatal and severe injury pedestrian and bicycle crashes or address a
high risk location? Yes or No:Yes If yes,how?
The nearest through routes are Hall Blvd,72nd Ave,and Upper Boones Ferry Rd,each of
which is an arterial with high traffic volumes (over 10,000 ADT)and speed limits(40mph
on Hall;35mph on 72"d and Upper Boones Ferry)and sections missing sidewalk and/or
bike lanes, or protection for vulnerable users. From 2007 through 2015(9 years)22 injury
crashes involving pedestrians or cyclists occurred on Tigard streets within 1/2 mile of this
trail corridor,with additional crashes occurring in the City of Durham. It is highly likely
that some of these crashes would not have occurred if this trail existed. This trail would
provide a-safer-alternative to walking along those-busy roads and would-reduce pedes#rian
and cyclist crash rates along them.
c. Will the project provide walking and bicycle access within 1/4 mile of transit stops and
stations?Yes or No:Yes If yes,how?
This trail connects directly to TriMet Route 76(Frequent Service)on Durham Road.
Adjacent sections of Fanno Creek Trail connect to transit centers in downtown Tigard and
Tualatin. It would also connect to potential future light rail stops along Bonita Road.
Page 3 of 7
d. Will the project provide walking and bicycle access within 1/4 mile of a school?Yes or No:
Yes If yes, how(provide name of school(s))?
The trail will connect to Durham Rd within% mile of Durham Elementary. It will also be
within%mile of Tigard High School.
e. Will the project use design treatments that will lead to increased use of active
transportation modes by providing a good user experience/increasing user comfort? Does
the project provide a high degree of separation between people walking and bicycling and
motor vehicle traffic?Yes or No:Yes If yes, how?
This section of Fanno Creek Trail would be along a new alignment that is not along a
roadway(maximum separation). It is also planned to include a grade-separated crossing
of Durham Road and provide or connect to a grade-separated crossing of the railroad and
WES tracks.
f. How will the project improve access to and from priority destinations,serve high density
areas,and/or increase the number of people walking and bicycling to help relieve
congestion?Yes or No:Yes If yes,how?
This project would provide an alternative to driving along the busiest section of 1-5 in
Oregon,and an alternative to busy arterials such as Hall Blvd,72"d Ave, Upper Boones
Ferry Rd, Durham Rd,and Bonita Rd. It would complete connections to priority
destinations such as downtown Tigard,Tualatin,and Durham,and places such as Tigard
Library,Durham Elementary, Bridgeport Village, and Kruse Way,transit stops and stations,
many parks,and thousands of houses and multi-family residences.
g. Other needs and desired outcomes the project will address identified in the project
purpose statement:
Construction of this'missing link'project will close the last remaining gap in the Fanno
Creek regional trail in Tigard. Construction of this link would complete a 14-mile regional
trail from Browns Ferry Park in Tualatin through Durham,Tigard,Beaverton,and
Washington County to the Garden Home Recreation Center in Portland.
9. Describe the existing project funding strategy(will federal or ODOT program funds potentially be
requested?):
It is likely that federal and/or ODOT funds will be requested for detailed design and construction.
Other funding sources will be sought as well.
Project Development Scope,Cost and Funding Request
1. Total estimated cost for project development(should equal combined amounts identified in#2,3,
and 4, below):$270,000
Page 4 of 7
2. Amount already expended on project development(estimate is okay):$30,000
3. Planned additional local contribution to project development(not required):$79,000(includes
some staff time)
4. Total amount requested of RFFA bond proceeds for project development:$161,000
5. Total estimated project cost through construction(including project development):$8,000,000
6. Provide preliminary project cost estimate to date and a brief description of the method and level
of confidence of the estimate(attach any documentation available):
This is a preliminary planning-level cost estimate based on per-linear-foot costs of similar trails and
very rough estimates of anticipated costs for structures, mitigation,etc,and will vary depending
on the alignment chosen. A key component of development work would be determining a cost
estimate,which is planned to assume a 12-foot-wide trail.
7. Project cost estimates reviewed by Project Engineer(name): Mike McCarthy
Required Additional Information
1. GIS shapefile of the project.
2. Project Development Scope of Work Main Tasks and Summary Costs—use the attached template
and modify as necessary.
Page 5 of 7
Template: Project Development Scope of Work—Main Tasks and Summary Costs
Use the template below(modifying as needed)to describe the project development work that will be
completed to advance the understanding and readiness of the project for implementation and increase
your agency's confidence in being able to deliver the project to an identified scope and budget.
• The project development work should advance the project on priority issues identified in the
current project description that could impact project delivery.
• The end result of the project development work should include a refined project scope,schedule,
budget,and funding strategy.
• For projects that may seek federal funding for implementation,agencies should strive to prepare
the project to be ready to enter the NEPA and preliminary engineering phase of the project and
cost estimates should be updated to account for the federal NEPA and right-of-way process.
• For projects using ODOT program funds or on ODOT facilities, include coordination with ODOT and
utilization of ODOT guidelines such as ADA compliant design.
PurposeOutcomes
Provide a brief summary description (2-4 lines of text)of the purpose and desired outcomes of the project
development work(Example:The purpose and objective of this study is to....(purpose statement desired outcomes)
and is located in the... (describe study location with boundary limits))
The purpose and objective of this work is to figure out the alignment,conceptual design,and cost estimate of the
Fanno Creek Trail connection from Bonita Road to the Ki-a-Kuts bridge to Tualatin. The desired outcome is a feasible
alignment and conceptual design that is ready for detailed design scoping and application for engineering and
construction funding.
Major Project Scope Elements and Summary Costs
Provide a bullet list of the main tasks that will achieve the A cost summary per ID in-house or
purpose and objectives(Examples provided below) each major task consultant driven task
• Identify possible alignments in the study area, review and $30,000 Staff and Consultant
use previous planning work in this corridor,develop project
goals,and coordinate with interested agencies.
• Examine and identify initial potential environmental issues, $40,000 Consultant
possible environmental mitigation requirements,and other
potential environmental obstacles facing each proposed
alignment.
• Develop conceptual design of how each alternative would $50,000 Consultant
need to be built based on existing conditions,project goals,
and mitigation needs.
Page 6 of 7
• Develop initial cost assessments for each proposed $10,000 Consultant
alignment.
Identify and develop possible funding plans and options to $5,000 Staff and Consultant
fully fund and implement the project
• Identify and evaluate public support for the project utilizing $25,000 Staff and Consultant
multiple outreach and education events
• Identify the alignment that meets the best combination of $30,000 Staff and Consultant
route layout,costs,and provides the fewest potential
obstacles. Develop preliminary design exhibits, refined cost
estimate(based on a 12-foot-wide trail),and environmental
work plan of the city's recommendation for the preferred
alignment.
• Provide presentations,outreach and other public $20,000 Staff and Consultant
notifications as required to city committees,impacted
agencies,or public groups as deemed necessary.
• Project management and administrative oversight $30,000 Staff
Total Proposed Study Costs: $240,000
Approach
Discuss how the project development work will be implemented and how expenditures will be tracked and monitored
by the agency. Describe the technical,administrative and budget capacity to complete project development work.
City staff(from both Tigard and Durham)and a hired consultant team will work together,along with Metro and other
affected agencies to build upon previous planning work in this corridor to identify the trail alignment that best meets
project objectives. Staff and the consultant team would then work together on the conceptual design along the
preferred alignment to identify key design issues and develop the cost estimate. The end result will be a project
ready for detailed design scoping and funding application submission.
Tigard City staff identified for this work are Mike McCarthy P.E.as Project Manager,Carla Staedter as Project and
Environmental Resource Coordinator,Steve Martin as Streets,Trails,and Parks Manager, Martin McKnight as
Maintenance Manager, Laura Barrie as Project Business Manager, Lori Faha as City Engineer.Linda Tate would lead
the City of Durham team. Staff will be overseeing and reviewing work of the consultant team to ensure tasks are
completed and funds expended,invoiced,and paid properly.
Page 7 of 7
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