Metro - IG160004Tiederman Ave Crossing Realignment METRO
600 NE Grand Ave.
INTERGOVERNMENTAL AGREEMENT 5 3)797-01700232.2736
Contract No. 934106
THIS AGREEMENT(the"Agreement") is between Metro, an Oregon municipal corporation, located at
600 NE Grand Avenue, Portland, Oregon 97232-2736, ("Metro"), and the City of Tigard, located at
13125 SW Hall Boulevard,Tigard,Oregon 97223(the"City").
RECITALS
A. By the authority granted in ORS 190.110, units of local government may enter into agreements
with units of local government for the performance of any or all functions and activities that the
parties to the agreement,its officers,or agents have the authority to perform.
B. On May 16, 1995, voters approved Ballot Measure 26-26, Open Spaces, Parks and Streams,
authorizing Metro to issue up to$135.6 million in general obligation bonds for the protection of
open spaces,parks,streams and trails("Open Spaces Bond Measure").
C. On June 9, 1997, Metro purchased approximately 6.8 acres of real property, known as the
"Lowery Property" (current tax lot 2S102BB 00600), and on December 13, 2001, Metro
purchased approximately 3.5 acres of real property, known as the "Swan Property"(current tax
lot 2S103AA 00100), adjacent to the Lowery Property and partially depicted on Exhibit B, both
located within the City of Tigard.
D. Both the Lowery Property and the Swan Property are within the Fanno Creek Greenway Target
Area, an area specifically identified pursuant to the Open Spaces Bond Measure as regionally
significant due to its wildlife habitat values and contribution to water quality, important trail
connections, and are also identified as regionally significant open space and trail system in the
Metro Greenspaces Master Plan.
E. On August 30, 1999,Metro and the City of Tigard entered in to an Intergovernmental Agreement
(the"Woodard Park IGA"),contract#921563,pursuant to which,the City operates,manages and
maintains the Lowery Property as part of the City's"Woodard Park".
F. On November 7, 2006, voters approved Ballot Measure 26-80, Natural Areas Bond Measure,
authorizing Metro to issue up to $227.4 million in general obligation bonds for the purposes of
preserving natural areas and stream frontages, maintaining and improving water quality, and
protection of fish and wildlife habitat through acquisition, protection, restoration, and
enhancement of natural areas("Natural Areas Bond Measure").
F. On April 28,2011,the City of Tigard approved the Tigard Greenways Trail System Plan, which
identifies the Fanno Creek Trail as a regional trail, and also identifies a trail alignment and
strategy for completing a key gap of the Fanno Creek Trail across the Swan Property (the
"Tiedeman Avenue Crossing Real i mneriz").
G. On November 13, 2014, the Metro Council adopted Resolution 14-4583, which encourages
investment of a small percentage of Natural Areas Bond Measure funding to provide improved
Page I - IGA between Metro and City of Tigard
4. Responsibilities of Metro:
Metro agrees to:
a. In consideration for the services City performs under this Agreement,pay City up to SIX
HUNDRED SIXTY THOUSAND AND 00/100TH DOLLARS($660,000.00)for the Work.
City's billing invoices shall include the Metro contract number,remittance address,invoice date,
invoice number,invoice amount.and an itemized statement of work performed and expenses
incurred during the billing period. If the Work is performed by a partner agency or contractor,
the City shall submit itemized statements of work performed and expenses incurred by the partner
agency or contractor in addition to proof of City's payment to partner agency or contractor.
Billing invoices shall not be submitted more frequently than once a month and shall be sent
electronically to metroaccountspayable@oregonmetro.gov.The Metro contract number shall be
referenced in the email subject line. City's billing invoices for goods and/or services through
June 30 shall be submitted to Metro by July 15. Payment to City for approved and completed
work will be made within 30 days of approval of the City invoice. Metro will not pay City. for
Work until Work is performed.
b. RETAINAGE: Metro will reserve as retainage from any billing invoice an amount equal to five
(51/4)percent of the requested invoice. The retainage will not be disbursed to City until the Work
is fully completed and finally approved by Metro. Following completion of the Work and
approval by Metro,Metro will deliver to City the entire retainage as part of the final invoice
payment.
c. Certify,at the time this Agreement is executed,that sufficient funds are available and authorized
for expenditure to finance costs of this Agreement within Metro's current appropriation or
limitation of current biennial budget.
d. Comply with all federal,state,and local laws,regulations,executive orders and ordinances
applicable to.Metro under this Agreement,including,without limitation,the provisions of ORS
Chapter 279,which hereby are incorporated by reference. Without limiting the generality of the
foregoing,Metro expressly agrees to.comply with(i)Title Vi of Civil Rights Act of 1964;and(ii)
Section V of the Rehabilitation statutes,rules and regulations.
5. Proiect Managers:Contacts.
City appoints Mike McCarthy as City's project manager for this Agreement. Metro appoints Robert
Spurlock as Metro's project manager for this Agreement.
Metro: Robert Spurlock
600 NE Grand Ave.
Portland,OR 97232
503-813-7560
robert.spurlock@oregonmetro.gov
City: Carla Staedter
13125 S.W.Hall Boulevard
Tigard,OR 97223
503-718-2788
CarlaQtigard-or.gov
Page 3- IGA between Metro and City of Tigard
Metro. At Metro's request,City shall promptly provide Metro with an electronic version of
all work products that have been produced or recorded in electronic media.
b. City shall maintain all fiscal records in accordance with generally accepted accounting
principles and shall maintain records for a period of six years from the date of final
completion of this Agreement.City shall make records available to Metro and its authorized
representatives,including but not limited to the staff of any Metro department and the staff of
the Metro Auditor,at reasonable times and places regardless of whether litigation has been
filed on any claims.
10. Amendments.
The terms of this Agreement shall not be waived,altered,modified,supplemented or amended in any
manner whatsoever,except by written amendment signed by both parties.
11. Governing Law.
This Agreement shall be governed in accordance with the laws of the State of Oregon,without resort to
any jurisdiction's conflicts of laws,rules,and doctrines. Any litigation between the parties that arises out
of or relates to the performance of the Agreement shall occur in the Washington County Circuit Court if
brought by City and the Multnomah County Circuit Court if brought by Metro,and if in the federal
courts,the United States District Court for Oregon.
12. Assignment; Merger; Entire Agreement.
This Agreement is binding on each party,its successors,assigns,and legal representatives and may not,
under any circumstance,be assigned or transferred by either party without Metro's written consent.This
Agreement and attached exhibit(s)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 it is 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. The failure of a part to enforce any provision of this
Agreement shall not constitute a waiver by that party of that provision or of any other provision.
IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their seals as of the day
and year hereinafter written.
Metro, CITY
By: By: �-
Title: �Y-C��59f-fg-5 Title: CIN
Date: / Date
Aroved as t f=orm: LA pproved as to Foran:
By: -6By:
Page 5- IGA between Metro and City of Tigard
M ETRO
600 NE Grand Ave.
INTERGOVERNMENTAL AGREEMENT (503)97080907232-2796
Exhibit B
Depiction of Trail Alignment
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Page 7- IGA between Metro and City of Tigard