Clean Water Services - Fanno Creek Enhancement Projects tiz
INTERGOVERNMENTAL AGREEMENT
FANNO CREED PARK/PLAZA MASTER PLAN AND ENIIANCEMENT
PROJECT
CLEAN WATER SERVICES AND
CITY
OF TIGARD
This Agreement, dated 2007, is between CLEAN
WATER SERVICES(Clean Water Services)and the CITY OF TIGARD (Tigard).
A. RECITALS
WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and
authorizes local governments to delegate to each other authority to perform their
respective functions as necessary; and
WHEREAS, Clean Water Services and Tigard collaborate on projects that enhance
riparian and floodplain ecological functions and values,pretreat and manage storm water,
and allow for sanitary sewer service, in an effort to improve water quality in the Tualatin
Basin; and
WHEREAS, Clean Water Services and Tigard entered into an Intergovernmental
Agreement dated January 25, 2005 that articulates the procedures for working together on
projects; and
WHEREAS, Clean Water Services and Tigard agree to work cooperatively on the Fanno
Creek Park/Plaza Master Plan and Enhancement Project,
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
B. PROJECT DESCRIPTION
The Project is the Master Plan for Fanno Creek Park(Park) and an adjacent public plaza
(Plaza), and the Enhancement of Fanno Creek and its related habitats. Map 1,
incorporated by reference as Exhibit A, outlines the Project area including adjoining
lands.
Major elements of the Project include:
1. Creation of a Master Plan for the Fanno Creek Park and a public Plaza and adjoining
lands within the Downtown Urban Renewal District of Tigard. The Master Plan will
include conceptual and schematic design for the approximately 22 acre Park and
adjacent public Plaza. The Master Plan will provide for amenities,trails,bridges, a
habitat restoration and planting plan. This element of the Project will be performed'by
Tigard and managed by Phil Nachbar.
2. Enhancement of Fanno Creek and its associated floodplain, and riparian habitat
within the Park boundaries and expansion areas(Enhancement). Enhancement will
include engineering design,permitting, and construction of improvements to Fanno
Creek and its floodplain as identified above. Specific tasks shall include
re-meandering and re-construction of Fanno Creek,creation and improvement of
turtle habitat and wetlands,placement of boulders/wood for in-stream habitat
complexity, repair of highly eroding banks to.protect bridge and sanitary sewer
infrastructure,and plant installation. This element of the project will be performed by
Clean Water Services and managed by Kendra Smith.
C. CLEAN WATER SERVICES OBLIGATIONS
Clean Water Services will manage the Enhancement in the Park and on adjoining lands to
be secured by Tigard,by completing the following activities:
1. Hire consultants to perform site survey(including topographic, easements, and
channel surveys)within the floodplain, a boundary survey of park expansion areas, a
wetland delineation;,a comprehensive habitat assessment, a geotechnical analysis
within the floodplain, water resource engineering analysis, and no-rise certification
for the proposed Enhancement design. Clean Water Services'consultants will
develop all plans and specifications for the Enhancement in order to construct
improvements.
2. Provide all technical information generated to Tigard,to assist with the.Master Plan.
A schedule for delivery of technical information will be developed between the
project managers prior to Tigard executing a consultant agreement for development
of the Master Plan for the Project, and made an addendum to this Agreement.
3. Work with regulators and secure all necessary permits for the Project from the
Division of State Lands, the Corps of Engineers,NOAA-Fisheries, Oregon
Department of Fish and Wildlife, Clean Water Services,and Tigard.
4. Prepare and submit to Tigard a surface water management easement over the creek
and riparian areas where Enhancement will be completed.
5. Cooperate with Tigard to integrate the Enhancement designs into the Master Plan.
Clean Water Services will participate in public meetings and design discussions
throughout the Project planning process.
6. Provide technical assistance and support to Tigard for any wetland or floodplain
mitigation required for the Master Plan. Clean Water Services will integrate the
mitigation into the design of the Enhancement where possible, obtain the permits
required for such mitigation, and construct the mitigation as part of the Enhancement.
If mitigation beyond what is available on site is necessary,Tigard will be responsible
for such mitigation.
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7. Construct the Enhancement starting in the summer of 2008 through 2009. Clean
Water Services will monitor and maintain the Enhancement until it meets standards
for revegetation success. Clean Water Services will also be responsible for addressing
any erosion or hydraulic issues that may occur during the establishment of the stream
channel enhancements.
8. Communicate and coordinate with Tigard project manager on relevant aspects of the
Project.
D. TIGARD OBLIGATIONS
Tigard will manage the Master Plan for the Park and Plaza and adjoining lands by
completing the following activities:
1. Manage the planning process for developing the Master Plan. Tigard shall hire
consultants to develop conceptual and schematic design plans for the Park including
trails, bridges, and all amenities. Tigard will develop specific planting plans for the
Project. Conceptual plans will be developed for the Plaza, with schematic design to
follow once the site has been secured by Tigard.
2. Coordinate with and compensate Clean Water Services for site survey and
geotechnical analysis needed that is not part of the Enhancement, as mutually agreed
upon.
3. Process a surface water management easement over the Enhancement as provided by
Clean Water Services. An easement is required to ensure that the Enhancement can
be accessed and appropriately maintained by Clean Water Services to protect its
investment.
4. Take action to secure additional lands adjoining the Park as required to implement the
Project. Should lands not be available for real property acquisition, Tigard will work
with Clean Water Services to secure a surface water management easement over the
land needed to complete the Enhancement. Tigard shall pay for any costs associated
with the easements that are requested from land owners.
5. Provide public involvement for the entire Project in the Park. Tigard will conduct all
necessary public meetings for any permitting obligations. Tigard will prepare and
distribute notice to park neighbors, respond to public calls regarding the Project and
post signage regarding the Project along the trail routes. Tigard will close and/or
manage the trail accesses for the duration of the construction of the Project to
maximize the safety of citizens and staff.
6. Review the Project plans for local permitting and National Flood Insurance Program
compliance. Tigard will process any necessary permits associated with achieving
compliance. Tigard will facilitate permitting for the Enhancement in cooperation
with Clean Water Services' timeline to the maximum extent possible.
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7. Provide a Park planting plan that meets Clean Water Service's revegetation standards
incorporated by reference as Exhibit B, environmental permit requirements, and be in
accordance with the Master Plan.
8. Communicate and coordinate with Clean Water Services project manager on relevant
aspects of the Project.
E. COMPENSATION i
The Project as outlined above will be funded by Tigard and Clean Water Services for the
tasks assigned. For consulting related activities that overlap between Project elements
and offer cost savings to complete all at once—such as geotechnical analysis and survey,
Tigard and Clean Water Services project managers will determine a cost share in writing.
Costs for Project services will be tracked by each entity and shared at the end of the
Project to account for the total Project costs. Compensation to either entity, if necessary,
will occur upon completion of the Project.
F. GENERAL TERMS
1. Laws and Regulations. Tigard and Clean Water Services agree to abide by all
applicable laws and regulations.
2. Term of this Agreement. This Agreement is effective from the date of execution
by both parties and shall remain in effect until the Project is complete and the
parties obligations have been fully performed.
3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at
ORS 30.260 through 30.300, each of the parties shall indemnify and defend the
others and their officers, employees, agents, and representatives from.and against
all claims, demands,penalties, and causes of action of any kind or character
relating to or arising from this Agreement(including the cost of defense thereof,
including attorney fees) in favor of any person on account of personal injury,
death, damage to property, or violation of law,which arises out of, or results
from,the negligent or other legally culpable acts or omissions of the indemnitor,
its employees, agents, contractors or representatives.
4. Inte arg_ tion. This document constitutes the entire agreement between the parties
on the subject matter hereof and supersedes all prior or contemporaneous written
or oral understandings,representations or communications of every kind on the
subject. No course of dealing between the parties and no usage of trade shall be
relevant to supplement any term used in this Agreement. Acceptance or
acquiescence in a course of performance rendered under this Agreement shall not
be relevant to determine the meaning of this Agreement and no waiver by a party
of any right under this Agreement shall prejudice the waiving party's exercise of
the right in the future.
Master Plan and Enhancement t 4
IGA for Fanno Creek Park Project
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5. Attorney. If any dispute arises concerning the interpretation or enforcement
of this Agreement or any issues related to the U.S. Bankruptcy Code (whether or
not such issues relate to the terms of this Agreement),the prevailing party in any
such dispute shall be entitled to recover all of its attorney fees,paralegal fees;
costs; disbursements and other expenses from the nonprevailing party, including
without limitation those arising before and at,any trial, arbitration, bankruptcy, or
other proceeding and in any appeal.
6. Termination. This Agreement may be terminated immediately by mutual written
agreement of both parties,or by either of the parties notifying the other in writing,
with the termination being effective in 30 days.
7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved
by the project managers from each party,the Mayor and Clean Water Service's
General Manager will attempt to resolve the issue. If the Mayor and Clean Water
Service's General Manager are not able to resolve the dispute,the parties will
submit the matter to mediation, each party paying its own costs and sharing
equally in common costs. In the event the dispute is not resolved in mediation,
the parties will submit the matter to arbitration. The decision of the arbitrator
shall be final, binding and conclusive upon the parties and subject to appeal only
as otherwise provided in Oregon law.
8. interpretation of Agreement.
A. This Agreement shall not be construed for or against any party by reason
of the authorship or alleged authorship of any provision.
B. The paragraph headings contained in this Agreement are for ease of
reference only and shall not be used in constructing or interpreting this
Agreement.
9. Severability/Survival. If any of the provisions contained in this Agreement are
held illegal, invalid or unenforceable,the enforceability of the remaining
provisions shall not be impaired. All provisions concerning the limitation of
liability, indemnity and conflicts of interest shall survive the termination of this
Agreement for any cause.
10. Approval Required. This Agreement and all amendments, modifications or
waivers of any portion thereof shall not be effective until approved by 1) Clean
Water Services' General Manager or the General Manager's designee and,when
required by applicable Clean Water Services rules, Clean Water Services' Board
of Directors and 2)the Tigard City Council.
11. Choice of).awNenue. This Agreement and all rights, obligations and disputes
arising out of the Agreement shall be governed by Oregon law. All disputes and
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litigation arising out of this Agreement shall be decided by the state courts in
Oregon. Venue for all disputes and litigation shall'be in Washington County,
Oregon.
IN WITNESS WHEREOF,the parties have.caused this Agreement to be executed
the day and year first written above.
CLEANER C CITY OF TIGARD,OREGON
/
By: By:
1 ;fi al Manager Craig Pr ser, City Manager
APPROVED FORM APPROVED AS TO FORM
Cleanater Services unset TIGARb Attorney
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3/30/2007 CITY OF TIGARD • Pagel of 1
1:23:34PM lmageFlow Lite Report - Legislative History (Detailed) UserlD: CAROL
Doc. e . o e oc. a e Item Ket. Action o e Brief Description Ret.Code
Cont. Date Exp. Date Name Referred to File Reference# Security Class
Abstract Keywords
PHIL NACHBAR
CLEAN WATER SERVICES
CITY OF TIGARD
FANNO CREEK
CWS
INTERGOVERNMENTAL AGREEMENT
IGA
MASTER PLAN
FANNO CREEK PARK
SITE SURVEY
SURFACE WATER MANAGEMENT
WETLAND
FLOODPLAIN
PUBLIC PLAZA
Total Items Printed: 1
INTERGOVERNMENTAL AGREEMENT
FANNO AND HITEON CREEK ENHANCEMENT PROJECTS
CLEAN WATER SERVICES AND
CITY OF TIGARD
This agreement,dated �=z`' 5 ,2006, is between CLEAN
WATER SERVICES, a county service district formed under ORS Chapter 451,
hereinafter referred to as "Clean Water Services" and the CITY OF TIGAR.D,
hereinafter referred to as "Tigard".
A. RECITALS
WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation
and authorizes local governments to delegate to each other authority to perform their
respective functions as necessary; and
WHEREAS, Clean Water Services and Tigard collaborate on projects that
enhance riparian and floodplain ecological functions and values,pretreat and manage
storm water,and allow for sanitary sewer service,in an effort to improve water quality in
the Tualatin Basin; and
WHEREAS, Clean Water Services and Tigard entered into an intergovernmental
Agreement dated January 25,2005 that articulates the procedures for working together on
projects; and
WHEREAS,Clean Water Services and Tigard agree to work cooperatively on
Fanno Creek at Englewood Park and Hiteon Creek stream enhancements,
NOW,THEREFORE,it is agreed by and between the parties hereto as follows:
B. PROJECT DESCRIPTION
The project will enhance the ecological functions of Fanno and I iteon Creeks and offer
Clean Water Services and Tigard a unique hands-on partnership training opportunity by
implementing the following projects beginning in June 2006 through March 2007:
Fanno Creek(Scholls Ferry Road to N.Dakota Rd)
1. Re-meander a straightened portion of the stream,backfill straightened areas, add
large wood and gravels for habitat complexity, and remove obstructions to fish
passage per approved plans.
2. Replant wetland and riparian areas with native vegetation per the Clean Water
Service's standards for erosion control and revegetation.
Hiteon Creek(Confluence with Fanno Creek to Scholls Ferry Road)
• u
1. Adjust or replace culverts and manmade structural elements that impede fish passage
up to but not including Springwood Road.
2. Add large wood to promote floodplain function, channel complexity, and fish habitat
per approved plans.
3. Replant wetland and riparian areas with native vegetation per the Clean Water
Service's standards for erosion control and revegetation.
4. Install sediment trapping devices and bioswales to treat runoff from Scholls Ferry
Road and upstream sources, along upland portions of Hiteon Creek between Scholls
Ferry and Springwood Roads per approved plans.
Clean Water Services Project Manager is Peter Guillozet and Tigard's Project Manager is
Carla Staedter.
C. CLEAN WATER SERVICES OBLIGATIONS
Clean Water Services will manage the project by completing the following activities:
1. Secure approval of all enhancement activities with Clean Water Services
Development Review,Division of State Lands, Corps of Engineers, Oregon
Department of Fish and Wildlife,and other state and federal regulators as necessary.
2. Gather and deliver all project supplies including equipment(crew truck, dump truck,
excavator, skid steer, and back hoe),rock,wood, fabric, and plant materials.
3. Coordinate Clean Water Services'and Tigard field crews who will complete the
construction aspects of the projects. Provide expert training and advice on stream
enhancement,in-stream water work techniques, and culvert installation for optimal
fish passage(with Oregon Department of Fish and Wildlife assistance).
4. Coordinate the contractors who will complete the revegetation and vegetation
maintenance of the Fanno project.
5. Monitor and maintain the Fanno Creek project site until it becomes fully established.
b. Communicate and coordinate with Tigard Project Manager on all aspects of the
projects.
D. T)<GARID OBLIGATIONS
Tigard will manage the project by completing the following activities:
1. Secure all necessary permits for the projects through the Tigard land use process by
May 1,2006.
2. Prepare and distribute notice to affected neighbors. Respond to public calls regarding
the projects. Post signage regarding the project along the trail route. Close and/or
manage the trail accesses for the duration of the project to maximize the safety of
citizens and staff.
3. Provide a Tigard field construction crew(up to three staff) and equipment(dump
truck,backhoes,misc tools) for up to a month to work with Clean Water Services
crews to implement the construction elements of the projects. The activities will
provide hands-on training in stream enhancement and fish passable culvert
installation.
4. Coordinate the contractors who will complete the revegetation and vegetation
maintenance of the Hiteon creek project.
5. Monitor and maintain the Hiteon creek project site until it becomes fully established.
6. Communicate and coordinate with Clean Water Services Project Manager on all
aspects of the project.
E. CONDENSATION
Asa partnership project there will be no compensation required for this project. Each
entity will provide in-kind services as noted above. Costs for project services will be
tracked by each entity and shared at the end of the project to account for the total project
costs.
F. GENERAL TERMS
1. Laws and Regulations Tigard and Clean Water Services agree to abide by all
applicable laws and regulations.
2. Term of this A eement. This agreement is effective from the date of execution
by both parties and shall remain in effect until the project is complete and the
parties obligations have been fully performed.
3. Indemnification. Within the limits of the Oregon Tort Claims Act,codified at
ORS 30.260 through 30.300, each of the parties shall indemnify and defend the
others and their officers, employees,agents, and representatives from and against
all claims,demands,penalties, and causes of action of any kind or character
relating to or arising from this Agreement(including the cost of defense thereof,
including attorney fees)in favor of any person on account of personal injury,
death,damage to property, or violation of law,which arises out of or results
from,the negligent or other legally culpable acts or omissions of the indemnitor,
its employees, agents, contractors or representatives.
4. Integration. This document constitutes the entire agreement between the parties
on the subject matter hereof and supersedes all prior or contemporaneous written
or oral understandings,representations or communications of every kind on the
subject. No course of dealing between the parties and no usage of trade shall be
U
relevant to supplement any term used in this agreement. Acceptance or
acquiescence in a course of performance rendered under this agreement shall not
be relevant to determine the meaning of this agreement and no waiver by a party
of any right under this agreement shall prejudice the waiving party's exercise of
the right in the future.
5. Amendments/Waivers. No waiver of any portion of this agreement and no
amendment,modification or alteration of this agreement shall be effective unless
in writing and signed by the Tigard authorized representative and Clean Water
Services' General Manager or the General Manager's designee.
b. Attorney Fees. If any dispute arises concerning the interpretation-or enforcement
of this agreement or any issues related to the U.S.Bankruptcy Code(whether or
not such issues relate to the terms of this agreement),the prevailing party in any
such dispute shall be entitled to recover all of its attorney fees,paralegal fees,
costs, disbursements and other expenses from the nonprevailing party,including
without limitation those arising before and at any trial, arbitration,bankruptcy, or
other proceeding and in any appeal.
7. Termination. This agreement maybe terminated immediately by mutual written
agreement of both parties, or by either of the parties notifying the other in writing,
with the termination being effective in 30 days.
8. Resolution of Disputes. If any dispute arising out of this agreement cannot be
resolved by the project managers from each party,the Mayor and Clean Water
Service's General Manager wAl attempt to resolve the issue. If the Mayor and
Clean Water Service's General Manager are not able to resolve the dispute,the
parties will submit the matter to mediation, each party paying its own costs and
sharing equally in common costs..In the event the dispute is not resolved in
mediation,the parties will submit the matter to arbitration. The decision of the
arbitrator shall be final,binding and conclusive upon the parties and subject to
appeal only as otherwise provided in Oregon law.
9. Interpretation of Agreement.
A. This agreement shall not be construed for or against any party by reason of
the authorship or alleged authorship of any provision.
B. The paragraph headings contained in this agreement are for ease of
reference only and shall not be used in constructing or interpreting this
agreement.
10. Severability/Survival. If any of the provisions contained in this agreement are
held illegal,invalid or unenforceable, the enforceability of the remaining
provisions shall not be impaired. All provisions concerning the limitation of
. e
liability,indemnity and conflicts of interest shall survive the termination of this
agreement for any cause.
11. Approval Required. This agreement andall'amendments shall not be effective
until approved by 1) Clean Water Services'General.Manager or the General
Manager's designee and, when required by applicable Clean Water Services rules,
Clean Water Services'Board of Directors and 2)the Tigard City Council.
12. Choice of Law/Venue. This agreement and all rights, obligations and disputes
arising out of the agreement shall be governed by Oregon-law. All disputes and
' litigation arising out of this agreement shall be decided by the state courts in
Oregon. Venue for all disputes and litigation shall be in Washington County,
Oregon.
IN WITNESS WHEREOF,the parties have caused this agreement to be executed
the day and year first written above.
CLEAN ERt SEIZNTICES CITY OF TIGARD, OREGON
e
1
By By:
i '' affi, G e I Manager Crai irksen,Mayor
APPROVED T FORM APPROVED AS TO FORM
1
Clean Water Sd i s Counsel TIGARD Attorney