Washington County - Washington Square Greenbelt Trail -6tL 11G -00- cif
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM
INTERGOVERNMENTAL AGREEMENT
BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR THE WASHINGTON SQUARE REGIONAL CENTER GREENBELT TRAIL
PROJECT
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", and the City of Tigard, a municipal corporation, acting by and
through its City Council, hereinafter referred to as "City".
RECITALS
1. On May 161 1995,. County voters approved a Major. Streets Transportation
Improvement Program - Six Year Serial Levy for Roads (MTIP 3), including a Bike
and Pedestrian Program from which the City is eligible to receive funds; and
2. The City has a project to construct a bicycle and pedestrian trail in the Washington
Square Regional Center in Tigard, said improvements hereinafter called the
"project", as described in the project prospectus (attached as Exhibit "A"); and
3. The estimated cost of the project is $430,020 proposed to ber paid by$160,950 from
the Federal.CMAQ program, $18,419 from CITY local funds and. $250,671 in
MSTIP3 Bike and Pedestrian program funds; and
4. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for
the performance of any or all activities and functions that a party to the agreement
has the authority to perform.
NOW, THEREFORE, the parties hereto agree as follows:
1. COUNTY OBLIGATIONS
1.1 The County hereby designates the Capital Project Management Division (CPM)
Manager, Department of Land Use. and Transportation; or designee, as the
County's representative to be responsible for coordination of the project with the
City.
F:\CPM\Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington Square,:Regional Trail IGA.doc
1.2 Upon receipt of a City invoice, the County shall reimburse the City up to$250,671
from the MSTIP 3 Bike and Pedestrian program fund for project expenses.
Reimbursement shall be for eligible costs directly related to the project, including
project design, right-of-way acquisition, permitting, construction, construction
management and administration costs,.and shall include such work performed prior
to the date of this agreement. City administrative costs shall be reimbursed in
accordance with the City's adopted.cost allocation plan.
1.3 The County shall make payment to the City within 30'days of receipt of an invoice.
Billings received from the City must be approved by the CPM Manager, or designee,
prior to presentation to the.County Finance Division for payment.
1.4 The County's obligations shall not be a general obligation of the County, but shall
be payable solely from available funds allocated to the MSTIP program.
2. CITY OBLIGATIONS
2.1 The City shall-submit an invoice or invoices to the County for-reimbursement of
project costs in a form mutually agreed to by the City and County.
2.2 The City shall, upon execution of this agreement, assign a liaison person to be
responsible for coordination of the project with the County.
2.3 The City shall perform all tasks needed to implement the project, including but not
limited to project design, right-of-way acquisition, permitting, construction,
construction management and administration, and payment of project costs.
2.4 All work.and records of work shall be in conformance with applicable State and local
statutes and regulations. The work and records shall not conflict with any applicable
ordinances or regulations.
3. GENERAL PROVISIONS
3.1 LAWS OF OREGON
The parties agree to abide by 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 Chapters 279A-C to be included in public contracts are hereby
incorporated and made a part of this agreement as if fully set forth herein.
FACPM1Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington-Square Regional Trail IGA.doc
3.2 DEFAULT
Time is of the essence in the performance of this agreement. Either party shall be
deemed to be in default if it fails to comply with any provision of this agreement. The
complaining party shall provide the other party with written notice of default and
allow thirty (30)days within which to cure the defect. The County shall pay the City
for costs incurred for satisfactorily completed and authorized work up to the time of
default, if any.
3.3 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 omission 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.
3.4. 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.
3.5 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.
3.6 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.
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3.7 INTEGRATION
This agreement is the entire agreement of the parities on its subject and
supersedes any prior discussions or agreements regarding the same subject.
4. TERM OF AGREEMENT
4.1 The term of this agreement shall be from the date of execution until the completion
of the project, but not to exceed four years.
4.2 This agreement may be amended or extended for periods of up to one year by
consent of the parties. It may be canceled or terminated for any reason by either
party. Termination or cancellation shall be effective 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 costs as are necessary.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
hereinafter written.
WASHINGTON COUNTY, OREGON CITY OF TIGARD, OREGON
t
CH RMAN, BOARD COU TY MAYO
CO MISSIONERS
Date: Z jJ Date: 0(p
7—�
RECORDING SECRETARY RECORDER
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
Approved to Form: MINUTE ORDER f)
DATE — :......
Loretta SkurdaOZ Ir Nh `/L�c < .
Sr.Assistant County Counsel
Date: ,� Q
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PROJECT PROSPECTUS
a
Part 1 — Project Request(Page 1 of 2)
Key Number: Jurisdiction:
Cit of Ti and
Section: Region: Area: District:
SW Greenburg Rd-SW Hall Blvd (Tigard)
1 Metro West 2A
State Highway No.: Highway Name: Mile Point Length: (M I)
N/A N/A-Off-street path From: To: 0.59
0 Urban City: MPO: Witm. D Yes County: Road/Street Name:
❑ Rural Tigard P UGB ❑ No Washington Washin ton Square Regional Center Trail
Route No.: NHS❑ YES HPMS: FC: Applicant(If other than State):
N/A O NO City of Tigard
US Congressional District: State Senate District: State Representative District:
1 4 9
y os 11if�i e x$ �ti�1 F j C ane ,lti d. a
Preliminary Engineering $ 74Grading X Files W 10
Right Of Way $ 199 Paving X -Hectares-Acres M 1.1
Utility Reimbursement Structures NIA Relocations M N/A
Signing N/A Acquisitions M 10
Roadway $ 141 Signals N/A Easements M 0
Structures Illumination N/A ;, WoX13 5tatelGohsu anlidat r
Signals Detour N/A Preliminary Engineering (S,C,A) A
Illumination Construction Engineering (S,C,A) A
Temp.Protection Right of Way Descriptions (S,C,A) C
Const.Contingencies Right Of Way Acquisitions (S,C,A) C
Const.En f jPro�ectCa e�Opf1£ - y -
Engineering $ 16 _ru. a 0_ . nsr is
Detour Environmental Class (1,2,3,PCE) 2 ❑ Contract ❑ County Force
Design Category (1-7) 7
Total CE and Construction: $ 157 Work Type Code (1-13) 12 ❑ State Force ❑ Other
Total Estimate: $ 430 Primary STIP Work Type: ❑ City Force
Recommended Let Date By Federal Fiscal Year(Quarter-Year): Apr-06
PE Fund: STP/local R!W Fund: STP UR Fund: CE-CN Fund:
PE EA: R/W EA: UR EA: CE-CN EA:
�� rig p afjps Define The Problem:
The roads within the Washington Square Regional Center experience significant traffic congestion
Travel Lanes (#) 0 0 during weekday peak periods. Highway 217 presents a major barrier for bike and ped users. The
Structures (#) 0 0 only connections between the east and west side of the higheay in the Plan area is Hall,Scholls or
Signals (#) 0 0 Greenberg. Approaching these three crossings,only I fall and Greenburg have sidewalks,with bike
lanes only on Scholls. The increased densities anticipated in the Plan will bring greater interest and
Bike Way (#) 0 0 demand for alternate moles of transportation for con muter;and those seeking recreational
Average Daily Traffic 0 0 opportunities. The Plan indicates that many of the area's busiest streets and bridges are not wide
Year of ADT 0 0 enough for installation of bike lands in the roadway,therefore an oft-street system was identified.
Throughway Y/N
AWI Describe Proposed Solution:-Attach Sketch Map
The Washington Square Regional Center Plan identifies a combination of transportation mode improvements
that will help provide easier access within the Regional Center. The greenbelt trail is one piece of the
transportation system. The project being funded is one piece of the greenbelt trail system. Once the entire
greenbelt is complete,bicyclists and pedestrians will be able to bypass existing and future traffic on Hall Blvd.,
Greenburg Road,Scholls Ferry Road and Nimbus Avenue. The portion of the greenbelt trail under consideration
will provide an alternative to Oak Street in the interim and sets the stage for future phases of the trail
Prepared By: Date: OTC Approval Date: Program Year: Funding Amount:
X
(5-2003)
r' PRG. ,ECT PROSPECTUS
Part 1 Project Request(Page 2 of 2) Key Number: Jurisdiction:
p City of Tigard
Section: Region: Area: District:
SW Greenburg Rd -SW Hall Blvd (Tigard) 1 Metro West 2A
s C a '�
r Pry) J�is�tlfi�a#ton a ,
The Washington Square Regional Center Plan,adopted in 1999 evaluated transportation within the Washington Square Regional Center Boundaries. The
roads within the Washington Square Regional Center experience significant traffic congestion during weekday peak periods. Among the transportation
system recommendations,was an off-street trail system that would provide bike and pedestrian circulation for employees,customers and residents.
The reason the off-street trail is included in the Plan is that the increased densities anticipated in the Plan will bring greater interest and demand for
alternate modes of transportation for commuters and those seeking recreational opportunities. Highway 217 presents a major barrier for bike and ped
users. The only connections between the east and west side of the higheay in the Plan area is Hall,Scholls or Greenburg. Approaching these three
crossings,only Hall and Greenburg have sidewalks,with bike lanes only on Scholls. The Plan indicates that many of the area's busiest streets and bridges
are not wide enough for installation of bike lands in the roadway,therefore an off-street system was identified.
In the implementation phase of the Washington Square Regional Center Plan,the location ofthe off-street alternative was identified:From the existing
Fanno Creek trail,east Ash Creek to Hall Blvd,north on Hall to the Red Tail Golf Course,around the perimeter of the Red Tail Golf Course and the
southern edge of Whitfoma Middle School,across I lighway 217 back to the existing Fanno Creek trail system. Once complete,the Greenbelt Trail will
provide an off-road alternative to Hall Blvd.,Greenburg Road,Scholls Ferry Road and Nimbus Avenue,linking the entire Regional Center. This phase
will provide access to the trail via 95th Avenue,and will follow the southern edge of the wetland to Pine Street. The connection at 95th Ave will require
crossing the existing wetland and floodplain with a boardwalk. No wetland fill is proposed. The trail is located within the floodplain and will comply
with all applicable local,state and federal floodplain regulations. The trail width and location is designed to minimize disturbance to floodplain soils while
providing the necessary width for pedestrians and bicyclists.
Tigard,Washington County and Metro continue to work together to complete additional transportation system improvements within the Regional Center
(improvements to Greenburg Road,Highway 217 corridor study,ol
n � "Ohn � R >qsouf
FROe �y? o Dart ro -
Responsible Local Office To Be Contacted For The Following Activities:
1. Public Hearing/
Citizen Involvement City of Tigard (Office) 503-638-4171 (Phone)
2. Environmental I Planning City of Tigard (Office) 503-639-4171 (Phone)
3. Pre-Engineering City of-Tigard (Office) 503-639-4171 (Phone)
This Official Request is From:
City of: Tigard and/or County
By: Julia Haiduk By:
By: Vannie Nguyen By:
By:
Applicable Intergovernmental Agreements:
IGA Number: Jurisdiction Name: Agreement Date:
`Adrninistrtiue Recommendation4� F ;Y ;
(5-2003)
Oregon Deporunenl of Trnnsporialion
PROJECT PROSPER.,fUS
7[r Part 3--Project Environmental Classification
Key ID#
00000
SectionBridge No. Region County
SW Greenburg Rd—SW Hall Blvd(Tigard) I Washington
1)ESTIMATED RIGHT-OF-WAY IMPACTS(INCLUDING EASEMENTS,NUMBER OF PARCELS,ACREAGE,AND IMPROVEMENTS)
The proposed trail is approximately 3,000'long by 10'wide with 2'shoulder on each side of the trail. To accommodate the 14'wide trail,20'wide right-
of-way will need to be purchased for the entire length of the trail. This amounts to 60,000 square feet or 1.38 acres of land required for the acquisition.
The remaining 3'of right of way on each side of the trail will be used for construction of cut or fill slopes generated by change of grades. 10 parcels will
be impacted by the project.
2)ESTIMATED TRAFFIC VOLUME,FLOW PATTERN,AND SAFETY IMPACTS(INCLUDING CONSTRUCTION IMPACTS,DETOURS,ETC.)
N/A
3)ESTIMATED LAND USE AND SOCIOECONOMIC IMPACT(INCLUDING CONSISTENCY WITH COMPREHENSIVE PLAN)
The path is consistent with the Comprehensive Plan and the Washington Square Regional Center Plan. There is no identified negative land use of
socioeconomic impact
4)ESTIMATED WETLANDS,WATERWAYS,AND WATER QUALITY IMPACTS
The path will be designed to minimize impacts to wetlands and water quality,however,it will run parallel to,and in one case cross,the wetland. The
wetland crossing is proposed to be a boardwalk to further minimize impacts. Any impacts will be mitigated in accordance with applicable agency
standards. The path is with the Ash Creek floodplain and will comply with all local,state and federal floodplain standards. The project will be designed to
have a no net increase in flood-level.
5)ESTIMATED BIOLOGICAL AND THREATENED&ENDANGERED SPECIES IMPACTS
ODFW does not indicate there are any biological or threatened and endangered species located in the vicinity of this trail.
6)ESTIMATED ARCHEOLOGICAL AND HISTORICAL IMPACTS
None
7)ESTIMATED PARK AND VISUAL IMPACTS
None
8)ESTIMATED AIR,NOISE,AND ENERGY IMPACTS
None
9)ESTIMATED HAZMAT IMPACTS
None
10)PRELIMINARY IDENTIFICATION OF POTENTIAL AREAS OF CRITICAL CONCERN AND CONTROVERSIAL ISSUES
None—neighbors in the area have historically been concerned about development in this area and impacts to Ash Creek;however,the path is proposed to
stay out of the wetlands and provide an enhancement for the resource and neighborhood.
RECOMMENDED PROJECT CLASSIFICATION
❑ CLASS I DRAT 1'&FINAL ENVIRONMENTAL IMPACT STATEMENT ❑ RECONNAISSANCE
® CLASS 2 CATEGORICAL EXCLUSION ❑ PROGRAMMATIC CATEGORICAL EXCLUSION
❑ CLASS 3 ENVIRONMENTAL ASSESSMENT&REVISED ENVIRONMENTAL ASSESSMENT
PREPARED BY - FHWA OR STATE nFFICIAL APPROVAL
Julia Hajduk and Vannie Nguyen,City of Tigard
DATE TELEPHONE NUMBER DATE TELEPHONE NUMBER
October 13.2004 503-639-3171
r
METRO
TRANSPORTATION PRIORITIES 2004-07:
Investing in the 2040 Growth Concept
APPLICATION FORM
(complete this cover form for each candidate project or program)
1. Project/Pro ram Title: Washington Square Regional Center Greenbelt Trail — 217 to Hall Blvd.
J 9 9 q 9
2. RTP Project No.: See cover memo to Ted Leybold
3. Lead Agency (i.e., responsible for match): City of Tigard
4. Agency Contact.-
a.
ontact:a. Name Julia Hajduk
b. Title Associate Planner
c. Phone 503-639-4171 x2442
d. Fax 503-684-7297
e. E-mail (if any) Julia(cDci.tigard.or.us
f. Mailing Address: 13125 SW Hall Blvd.
Tigard OR 97223
5. Project Cost/Requested Funds (PLEASE PROVIDE INFORMATION ON THIS FORM):
PE ROW CONSTRUCTION TOTAL
Federal 66,630 178,325 140,899 385,854
Local 7,626 20,410 16,126 44,162
Private
es� 1 S$735 (Phase K Y57 {I � ;d6r =
'FO11A� Q
Y X39,252 far only} only}
Phase } z;
6. Proiect/Proaram Description (summary for public presentation purposes, use 8.5"x 11"sheets)
a. Street or facility,if applicable,
Phase I Greenbelt trail construction between Highway 217 and Hall Blvd. The trail loop will ultimately
connect to the Fanno Creek Trail on the west side of'Highway 217 in the future(Phase 11). We are
asking for funds to complete the PE for the entire segment from Greenburg.Road to Hall Blvd at this time.
b. Termini or project boundaries.
The Phase I portion of the greenbelt trailwill be constructed between Highway 217 and Hall Blvd. The
right of way will be 16 feet and the paved width will be 10 feet. The project will be located generally on
the south side of Ash Creek inorder°to,minimizewetland impacts.
c. Brief physical description of main project features(e.g.,length,number and width of lanes, bike
lanes and/or sidewalks, bridge crossings,medians,planting strip, etc.)
Phase I:The project is approximately 3,000 feet in length and 16 feet in width. The paved width will be
10 feet with 2 foot shoulders. The path will be a multi-use bicycle and pedestrian path. The path will
generally be located along the south side of Ash Creek so as to minimize wetland impacts, however,
there will be a crossing of the wetland area to create a temporary connection to 95`h Avenue. This
temporary connection is necessary until funding for.a pedestrian bridge over Highway 217 is acquired
which will allow a more direct connection to Greenburg Road and the Fanno Creek Trail.
d. Explain current transportation problem and how the nominated project would.address the
problem.
The roads within the Washington Square Regional Center are congested. The Washington Square
Regional Center.Plan provides remedies for the current and future congestion problems through a
combination of transportation modes and mixed use development. The greenbelt trail within the regional
center is one of the pieces of the transportation solutions. By providing.a.loop trail, bicyclists and
pedestrians will be able to bypass existing and future traffic on Hall Blvd., Greenburg Road, Scholls Ferry
Road and Nimbus Avenue. The proposal is to design the trail from Greenburg Road to Hall Blvd.,
however, due to project costs associated with crossing Highway 217,we are only planning on completing
the eastern portion of the Ash Creek portion as part of this MTIP cycle.
e. Provide photo(s)of project area;digital preferred(no more than three).
See Attachment 1
L Attach 8.5"X 11"vicinity map indicating project and.nearest major arterial intersection.
See Attachment 2
g. Complete the ODOT Local Agency Federal Aid Project Agreement(Attachment A). Consult with
your ODOT Local Agency Program Coordinator(Mark Foster at 503-731-8288, Lelisa Rozendal at
503-731-8595'or Tom Weatherford at 503-731-8238)if you have questions regarding elements of
the form.
See Attachment A
h. Describe any significant aspects of the project that transcend technical evaluation.
See Attachment B
i. See the special instructions with the criteria and measures description for each modal category.
Make sure the project description addresses all special instructions and any other necessary
attachment Is completed.
Attachment 3 shows the specific.alignment:for Phase I construction. Alignment for Phase 11 will be
identified in the PE phase..
j. Review the public involvement checklist(Attachment G)and answer items 1 through 10 for all
candidate projects that are not a part of the RTP financially constrained system or answer item 10
for all candidate projects that are a part of the RTP financially constrained system.
See Attachment G
`Oc,jo,v Mepartment of Land Use &Transportation Date: March 27, 2006
C%
Capital Capital Project Management Division
1400 SW Walnut Street MS 18Re; Contract Transmittal
Hillsboro, OR 97123—5625
NOW'
Ph.503-846-7800 Fax.503=846-7810
To: City of Tigard
Attn.: Gus Duenas, City Engineer.
13125 SW Hall Blvd.
Tigard, OR 97223
LETTER OF TRANSMITTAL
Project No.: 2569 � � � 11
From: Darrell L. Henry, Administj`ta�ive Assistant
Washington Square Regional Center
Project Greenbelt Trail :Project Phone:(503)846-7808
Name& Email:darrell_henry@co.washington.or.us
Location:
Attached:
Plans CopyOther:
Prints Plat/Survey
x Documents Copy of letter
Item Dated Copies Description
1 3-27-06 1 IGA BCC 06-0204
2
3
These are transmitted as checked below:
For approval X Approved as submitted For processing
For our use Approved as noted For review/comment
As requested Returned for corrections
Remarks:
A fully executed copy of the Washington Square Regional Center Greenbelt Trail Intergovernmental
Agreement is enclosed for your use and records.
Signed:
Darrell L. Henry,Administrative Assist
HADARRELL'STorms\Transmittal-Darrell Henry.doc