City Of Beaverton, Clean Water Services, Tualatin Hills Parks And Recreation District And Washington County ~ IG200001 ~ Fanno Creek Trail Scholls Ferry At-Grade Crossing Study INTERGOVERNMENTAL AGREEMENT
FANNO CREEK TRAIL SCHOLLS FERRY AT-GRADE CROSSING STUDY
Pursuant to ORS 190.010,this intergovernmental agreement (Agreement) is entered into by and
between the City of Beaverton (Beaverton),the City of Tigard (Tigard), Clean Water Services(CWS),
Tualatin Hills Parks and Recreation District (THPRD), and Washington County(County), each individually
referred to as a Party and jointly referred to as Parties.
Recitals
1. Fanno Creek Trail (FCT) is a regional trail of which all Parties have an interest in promoting the
efficient use.
2. Fanno Creek frequently floods the FCT under-crossing of Scholls Ferry Road, a roadway under
the authority of Washington County, barring trail users who must then traverse through the
flooded area or take a detour to cross Scholls Ferry Road. Trail users crossing Scholls Ferry Road
in illegal locations create concerns for the safety of the trail users and the traveling public.
3. The Parties wish to cooperate to study options for trail users to bypass the flooded section of
the FCT at a new, at-grade crossing of Scholls Ferry Road. It is noted that other portions of the
FCT flood in the vicinity;this Agreement is specific to the flooding underneath Scholls Ferry Road
only.
Agreement
Now therefore,the Parties agree as follows:
A. Tigard Responsibilities. Tigard will:
1. Select and contract with an engineering consultant to evaluate alternatives for an at-
grade crossing to bypass the frequently flooded portion of the FCT at Scholls Ferry Road.
The study will produce concept-level data that identifies a preferred alternative and
sufficient information to use as supporting documentation in seeking grant funding for
the final design and construction of the preferred option.
2. Manage the performance of the contract on behalf of the Partner Agencies.
3. Invoice the Partner Agencies for actual costs incurred by the engineering consultant
upon completion of the study work as provided by Section C. Costs.
B. Partner Agency Responsibilities. Beaverton, County, CWS, and THPRD, collectively the Partner
Agencies,will:
1. Actively participate in the consultant's process, including attending project meetings, as
well as reviewing and responding to emails and studying related documentation, such as
drawings or narratives.
2. Coordinate on public outreach, including participating in a public meeting at the end of
the study to share results with the community.
3. Within 30 days of the date of invoice, reimburse Tigard for the actual cost share of each
Party incurred by the engineering consultant as provided by Section C. Costs.
C. Costs.
1. Each Party will be solely responsible for its internal and staff costs associated with this
Agreement.
2. Parties will equally split the actual costs of the engineering consultant.The total costs
are estimated at$75,000 total, with each Party's cost share an estimated $15,000. If at
any time the total cost is likely to exceed $75,000,Tigard will consult with the Partner
Agencies to determine if the work should be rescoped or how additional costs will be
allocated. In no event will any Partner Agency be obligated to pay a cost share
exceeding$15,000 unless agreed to in writing.
D. Term of Agreement. This Agreement is effective July 1, 2019 and will continue until the work
described in Sections A and B is completed and the costs stated in Section C have been paid,
unless otherwise amended or terminated in writing by the Parties.
E. Dispute Resolution.The Parties will 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.The Parties agree that in the event of an impasse in the resolution
of any dispute,the issue will be submitted to the executive offices of the disputing parties for
recommendation or resolution. If resolution cannot be reached, a neutral third party may be
used, if the Parties agree,to facilitate these negotiations.
F. Modification of Agreement. No waiver, consent, modification or change of terms of this
Agreement shall be binding unless in writing and signed by all Parties.
G. Termination. This Agreement may be terminated,with or without cause and at any time, by a
Party providing 30 days' written notice of intent to the other Parties. In the event of
termination,the Parties agree to work in good faith to complete the obligations arising from this
Agreement, including paying actual costs incurred by Tigard up to the date of termination.
H. Independent Contractor. Each Party is an independent contractor with regard to the other
Parties. No Party is an agent or employee of any other.
I. Insurance. Each Party agrees to maintain insurance levels or self-insurance in accordance with
ORS 30.282,for the duration of this Agreement at levels necessary to protect against public
body liability as specified in ORS 30.269 through 30.274.
J. Compliance with Law. Each Party agrees to comply with all applicable local, state, and federal
ordinances, statutes, laws, and regulations.
K. Counterparts. This Agreement may be executed in any number of counterparts and by the Parties
on separate counterparts, any one of which shall constitute an agreement between and among the
Parties.
[Signature Page to Follow]
CITY OF/TI�GAA,RRD CITY OF BEAVERTON
Signed'--- ~ ' %j�� f 2- ,,/ Q,—' Signed:
Name: Mdy/�1(1 Name:
Its: 4e, Its:
_ J
Date: 7 / S TiU Date:
Approved as to Form Approved as to Form
By: L"'
City Attorney City Attorney
TUALATIN HILLS PARKS& RECREATION DISTRICT CLEAN WATER SERVICES
Signed: Signed:
Name: Name:
Its: Its:
Date: Date:
Approved as to Form Approved as to Form
By: By:
District Counsel District Counsel
WASHINGTON COUNTY
Signed:
Name:
Its:
Date:
Approved as to Form
By:
County Counsel
CITY OF TIGARD CITY OF BEAVER ON
Signed : Signed :
Name : Name : h ki \
Its : Its : / 1 Gc \Z () ✓
Date : Date :
j Approved as to Form Approved as to Form
By : By : � C
L City Attorney City Attorney
TUALATIN HILLS PARKS & RECREATION DISTRICT CLEAN WATER SERVICES
Signed : Signed :
Name : Name :
Its : Its :
Date : Date :
Approved as to Form Approved as to Form
By : By :
District Counsel District Counsel
WASHINGTON COUNTY
Signed :
Name :
f Its :
Date :
Approved as to Form
By :
County Counsel
CITY OF TIGARD CITY OF BEAVERTON
Signed : Signed :
Name : Name :
Its : Its :
Date : Date :
Approved as to Form Approved as to Form
By: By:
City Attorney City Attorney
TUALATIN K & C EA ION STRICT CLEAN WATER SERVICES
Sig Signed :
Name .• 7 U-0 Name :
Its : O oy Palla , ems/ Its :
Date : 711141 l R Date :
Ap ve a Form Approved as to Form
By: By :
istrict Cou el District Counsel
WASHINGTON COUNTY
Signed :
Name :
Its :
Date :
Approved as to Form
By :
County Counsel
CITY OF TIGARD CITY OF BEAVERTON
Signed : Signed :
Name : Name :
Its : Its :
Date : Date :
Approved as to Form Approved as to Form
By : By :
City Attorney City Attorney
TUALATIN HILLS PARKS & RECREATION DISTRICT CLEAN WATER SERVICES
Signed : Signed : 6v\, k, CX
Djaw !! i-De�nWs
Name : Name :
Its : Its : Chief Executive Officer
Date : Date : /ZZ / (
Approved as to Form Approved as to Form
By : By :
District Counsel District Counsel
WASHINGTON COUNTY
Signed :
Name :
Its :
Date :
Approved as to Form
By :
County Counsel
CITY OF TIGARD CITY OF BEAVERTON
Signed: Signed:
Name: Name:
Its: Its:
Date: Date:
Approved as to Form Approved as to Form
By: By:
City Attorney City Attorney
TUALATIN HILLS PARKS& RECREATION DISTRICT CLEAN WATER SERVICES
Signed: Signed:
Name: Name:
Its: Its:
Date: Date:
Approved as to Form Approved as to Form
By: By:
District Counsel District Counsel
WASHINGTON COUNTY
Signed:
Name: Pw+%i 03ur.4
Its: DGo�Fa Go�h�y Ad�►:..;sfrpfor
Date:
Approved as to Form
By: J, -1
County Counsel