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Urban Services - Commuter Rail Agreement/Amendment ii URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN, THE CITY OF BEAVERTON, THE CITY OF WILSONVILLE AND WASHINGTON COUNTY, OREGON FIRST AMENDMENT THIS First Amendment to the URBAN SERVICES INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into as of the last date shown on the signature pages, and is between the City of Tigard, the City of Tualatin, the City of Beaverton, the City of Wilsonville (the "Cities") and Washington County, Oregon ("County"),, (collectively, the "Parties"), all political subdivisions of the State of Oregon. As of the effective date, this First Amendment shall supersede and replace the Urban Services Intergovernmental Agreement entered into by and between the Parties on or about December 24, 2002. RECITALS 1. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 2. The Parties desire to enter into this Agreement for the purpose of allowing better coordination and design consistency between the Cities and the County in response to the design l = of station areas for the Washington County - Wilsonville to Beaverton Commuter Rail Project ("Project"). 3. The Project is defined in the Washington County Commuter Rail Preliminary Engineering documents prepared by URS Consultants and dated February 2002. 4. The Project includes physical improvements to be located in each of the Cities that will require local land use review and permitting, and relocation of public and private utilities. The Project will be more specifically defined during the final engineering and design phase. 5. Cities and County coordinated during the preliminary engineering and design phase of the Project to reach a consensus on the fundamental design features of the physical improvements of the Project. This consensus represents a common understanding between the Cities and County of the Project improvements to be constructed in the Cities and any potential impacts associated with the Project. 6. The Parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project based on the anticipated benefits to the transportation system and support the final design and engineering efforts that will lead to construction of the Project. The Wilsonville to Beaverton Commuter Rail Project is recognized and included in the Transportation System Plan of each City. 7. It would be to the benefit of the Cities and the County to coordinate planning and permit �^ 1 review for the development of the Project to insure that the Project provides similar station area ` improvements in each of the Cities based on a consistent set of Project design expectations. Page 1 of 5 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville t 8. It would be to the benefit of the Project to coordinate planning and permit review for the development of the Project to insure that extraordinary expenses do not result from the local j review process that could impact the financial feasibility of the Project. 9. It would be to the benefit of the Project to coordinate the relocation of public and private utilities necessary for the construction of the Project to insure that extraordinary expenses do not result from such required utility relocations. The Cities Of Tualatin, Tigard, Beaverton, Wilsonville, and Washington County agree as follows: AGREEMENT AREA AFFECTED BY THIS AGREEMENT 1. The area affected by this Agreement is the Project property subject to local land use review and permitting-by the Cities that is generally described as the Commuter Rail station areas, including station platforms, park-and-ride lots, operating base and related facilities, as well as right-of-way subject to the jurisdiction of the Cities within which utility relocations will be required for the Project. This property will be further defined as a result of the final engineering and design effort for the Project. II. PROJECT DEVELOPMENT PRINCIPLES _ a. Insofar as practical, Cities shall be treated equally in terms of type and design of station area Project improvements within each of the Cities' jurisdictional boundaries. Station.area Project improvements shall be consistent with a common set of design guidelines (as shown in Exhibit A) for station areas established by the Project. Project improvements may recognize design variations included in local design guidelines or standards. However, any incremental cost attributable to physical improvements or modifications that is greater than the cost in the design guidelines (Exhibit A), or as agreed to through the process set forth in III c. will be the financial responsibility of the permitting City. b. A Memorandum of Understanding ("MOU") between the Commuter Rail Project Manager and the City designee will be prepared outlining the details for costs, construction, roles and responsibilities for station area and any off-site improvements. This MOU will be prepared and agreed to prior to filing a formal land use application with the applicable City. c. Efforts shall be made through coordination between the Cities and County to protect the Project from extraordinary expenses resulting from local land use reviews and approvals that may impact the financial feasibility of the Project. III. DEVELOPMENT PROCESS Page 2 of 5 Intergovernmental Agreement Between Waslungton County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville - a. County or its designee will be the applicant for all necessary land use applications for submittal to each City. The applicant shall pay all required application fees or as otherwise agreed. b. Land use applications submitted to each of the Cities will reflect the Project improvements based on the common understanding of the station area Project design and impacts shown in Exhibit A and including any variations or enhancements agreed to by the City and the Project. A Pre-Application Conference will be held with the particular permitting City prior to application submittal to review the Project design and formalize this common understanding of Commuter Rail facility design within each City. The Pre-Application Conference will also identify permit requirements and an estimated schedule for review of land use applications. During the local project review process, the City in which the application is being processed will assign a staff liaison to the Commuter Rail Project who will act as the primary point of contact between that City and the permit applicant. c. During City's review of land use applications, design issues and/or impacts that extend beyond the Station Area Project Design Guidelines shall be immediately brought to the attention of the County or its designee. County or its designee and City shall meet to evaluate the effects of the City-initiated design changes on the design and financial feasibility of the Project. If design changes can be made that are consistent with the design guidelines of Exhibit A and the Project Development Principles (Section II) of this Agreement, such changes shall be incorporated into the Project design and land use application. d. If a determination of consistency with the Exhibit A cannot be reached, the provisions of the Dispute Resolution section(Section V)of this Agreement shall be followed. IV. RELOCATION OF UTILITIES a. The Cities, at the Project's expense unless otherwise apportioned in this Agreement, shall relocate in-kind, cause to be relocated in-kind, or assist in the relocation in-kind of all of their respective City-owned conduits, lines,poles,mains, pipes, and other utilities and facilities, whether located within the public right-of-way or not, as required by the Project. The Parties understand that relocation in-kind does not include betterment(s) of the existing facilities. The relocation plans and specifications shall include -all relocations necessary to conform facilities to the Project. The Cities shall endeavor to conduct this relocation work in accordance with the Projects' construction schedule. b. The Cities shall use their best efforts to cause relocation of privately owned utilities without cost to the Cities, the County or the Project. The Cities shall cause the owners of privately owned utility conduits, lines, poles,mains,pipes and other facilities in or on City rights-of-way and/or property to relocate their facilities at the expense of said privately owned utility as necessary to conform to the Project, to the extent the Cities have the power to do so. The Cities shall endeavor to cause this relocation work to be J accomplished in accordance with Project's construction schedule. However, if any City Page 3 of S Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville 1 r does not have the legal authority or power to cause such relocation,the Project Manager, without cost to such City, shall effect relocation of existing privately owned utility facilities as necessary to conform utilities or facilities to the plans for the Project c. The Cities and Project Manager shall participate in,review of utility relocation plans submitted by private utilities for the alignment area. The Cities shall also allow the Project Manager's engineers or inspectors or consulting engineers or inspectors to inspect any relocation of utility conduits,lines,poles,mains,pipes,and other facilities in order to determine whether they have been relocated in accordance with the plans of the Project. V. DISPUTE RESOLUTION In case of a dispute over the provisions of this Agreement, the one or more Cities and County staff for each entity will immediately refer the dispute to the respective City Manager or Mayor and the County Administrator for resolution. If the City Manager or Mayor and the County Administrator cannot resolve the dispute within 30 days, it shall be forwarded to the Commuter Rail Steering Committee for resolution (the Commuter Rail Steering Committee is composed of elected representatives from the four cities, Washington County and the TriMet General Manager). If the Commuter Rail Steering Committee is unable to resolve the dispute within 30 days, the dispute shall be subject to binding arbitration under ORS 190.710-190.800 except that the Parties can each select an arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator shall _ hear the matter. Any decision resulting from this dispute resolution process shall not be a ) land use decision but may be incorporated into a final land-use decision by the City. The cost of the arbitrator shall be borne equally by the Parties to the dispute. Each party shall be solely responsible for its cost of legal representation, if any. VI. NOTICE OF APPLICATIONS Cities shall give notice to County or its designee of all claims, land use applications, hearings, decisions and any appeals of those decisions made under the authority of this Agreement. County or its designee shall forward to other signatories to this Agreement copies of all claims, land use applications, hearings, decisions and any appeals of those decisions made under authority of this Agreement. VII. TERM OF AGREEMENT The term of this Agreement shall be from December 24, 2002 through December 31, 2008. This Agreement may be extended for a subsequent two (2) year term upon mutual written agreement of the Parties. This Agreement may be terminated by any party upon ninety(90) days written notice to the other parties. VIII. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal, state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement Page 4 of 5 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville iX. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. X. HOLD HARMLESS Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30300, an the Oregon Constitution, each party agrees to hold harmless,defend,and indemnify each other,including its officers, agents and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. XI. ASSIGNMENT Each of the Parties understand that the County shall have the right to assign this Agreement without the Cities' consent to an entity that designs, constructs, and/or operates passenger rail service in this corridor. XII. MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all Parties. This writing is intended as the final expression of the agreement between the Parties with respect to the terms and as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement on the dates set below their signatures. WASHINGTO COUNTY, OREGON CITY OF TUALATIN,OREGON By: s Name: udve Maertens"` Y Lou Ogden,Mayor Title. Sr. Deoutv Countv Admin. City of Tualatin Date- MAR 2 9 2005 Date: A43untyy ed as to form: Approved as to form: Counsel City Attorney ` Page 5 of S Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville IX. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. X. HOLD HARMLESS i Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30300, an the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. XI. ASSIGNMENT Each of the Parties understand that the County shall have the right to assign this 'Agreement without the Cities' consent to an entity that designs, constructs, and/or operates passenger rail service in this corridor. E' XII. MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all Parties. This writing is intended as the final expression of the agreement between the Parties with respect to the terms and as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement j on the dates set below their signatures. WASHINGTON COUNTY, OREGON CITY OF TUALATIN, OREGON By: By: Tom Brian, Chair Lou Og , ayor Washington County City of Tualatin Board of Commissioners Date: Date: 05 Approved as to form: Approved as to form- County County Counsel City Attorney Page 5 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville CITY OF BWERTON, OREGON CITY OF TIGARD, OREGON 4�2 By: By: Rob Drake,Mayor Craig Dirksen, Mayor City of Beaverton City of Tigard Date: ,3 !�� Date: Approved as to form: Approved as to form: (/G, - -N S-t-- - City Attorney City Attorney CITY OF WILSONVILLE, OREGON By: Charlotte Lehan,Mayor City of Wilsonville Date: Approved as to form: City Attorney I i P Page 6 of 5 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville I ----------- -------- - -- -- — --- ---— a I I I I _ CITY OF BEAVERTON,OREGON CITY OF TIGARD, OREGON By: By: , Rob Drake,Mayor Crdig Dirksen, Mayor City of Beaverton City of Tigard Date: Date: ' a g 'C)LO Approved as to form: Approved as to form: City Attorney 4Attorn ey CITY OF WILSONVILLE, OREGON i i By: l Charlotte Lehan,Mayor City of Wilsonville Date: Approved as to form: City Attorney I II I I Page 6 of 5 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville i t 03/20/06 WED 12:00 FAX 503 682 7025 U009 1 CITY OF BEAVERTON, OREGON CITY OF TIGARD, OREGON By: By: Rob Drake, Mayor Jim Griffith, Mayor City of Beaverton City of Tigard Date: Date: Approved as to form: Approved as to form. City Attorney City Attorney CITY O ' 'ILSONVIL 2EGON By. t - Charlotte Lehan, Mayor City of Wilsonville Date. 1X k-tc_A a 7 , ' 020 Approved as to form- Cit} homey I I Page 6 of 5 Intergovernmental Agreement Between Washington County,the City of Tualatin, the Citv of Tigard,the City of Beaverton and the City of Wilsonville URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN,THE CITY OF BEAVERTON, THE CITY OF WILSONVILLE AND WASHINGTON COUNTY,OREGON RECITALS 1. This intergovernmental agreement,hereinafter Agreement,is entered into on the last date shown on the signature pages by City of Tigard,the City of Tualatin,the City of Beaverton and the City of Wilsonville,hereinafter"Cities,"and Washington County,hereinafter"County,"all political subdivisions of the State of Oregon; and 2. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 3. The parties desire to enter into this Agreement for the purpose of allowing better coordination and design consistency between the Cities and the County in response to the design of station areas for the Washington County-Wilsonville to Beaverton Commuter Rail Project, hereinafter "Project". 4. The Project is defined in the Washington County Commuter Rail Preliminary Engineering documents prepared by URS Consultants and dated February 2002. 5. The Project includes physical improvements to be located in each of the Cities that will require local land use review and permitting.The Project will be more specifically defined during the final engineering and design phase. 6. Cities and County coordinated during the preliminary engineering and design phase of the Project to reach a consensus on the fundamental design features of the physical improvements of the Project.This consensus represents a common understanding between the Cities and County of the Project improvements to be constructed in the Cities and any potential impacts associated with the Project. 7. The parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project based on the anticipated benefits to the transportation system and support the final design and engineering efforts that will lead to construction of the project.The Wilsonville to Beaverton Commuter Rail Project is recognized and included in the Transportation System Plan of each City. 8. It would be to the benefit of the Cities and the County to coordinate planning and permit review for the development of the Project to insure that the Project provides similar station area improvements in each of the Cities based on a consistent set of Project design expectations. Page I of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton rand the City of Wilsonville 9. It would be to the benefit of the Project to coordinate planning and permit review for the development of the Project to insure that extraordinary expenses do not result from the local review process that could impact the financial feasibility of the Project. THE CITIES OF TUALATIN,TIGARD,BEAVERTON, WILSONVILLE,AND WASHINGTON COUNTY AGREE AS FOLLOWS: 1. AREA AFFECTED BY THIS AGREEMENT The area affected by this Agreement is the Project property subject to local land use review and permitting by the Cities that is generally described as the Commuter Rail station areas,including station platforms,park-and-ride lots,operating base and related facilities.This property will be further defined as a result of the final engineering and design effort for the Project. II. PROJECT DEVELOPMENT PRINCIPLES a. Insofar as practical,Cities shall be treated equally in terms of type and design of station area Project improvements within each of the Cities'jurisdictional boundaries. Station area Project improvements shall be consistent with a common set of design guidelines(as shown in Exhibit A)for station areas established by the Project.Project improvements may recognize design variations included in local design guidelines or standards.However,any incremental cost attributable to physical improvements or modifications that is greater than the cost in the design guidelines(Exhibit A),or as agreed to through the process set forth in III c. will be the financial responsibility of the permitting city. b. A Memorandum of Understanding(MOU)between the Commuter Rail Project Manager and the city designee will be prepared outlining,the details:for costs, construction,roles and responsibilities for station area and any off-site improvements.This MOU will be prepared and agreed to prior to filing a formal land use application with the applicable city. c. Efforts shall be made through coordination between the Cities and County to protect the Project from extraordinary expenses resulting from local land use reviews and approvals that may impact the financial feasibility of the Project. III. DEVELOPMENT PROCESS a. County or its designee will be the applicant.for all necessary land use applications for submittal to each City. The applicant shall pay all required application fees or as otherwise agreed. b. Land use applications submitted to each of the Cities will reflect the Project improvements based on the common understanding of the station area Project design and impacts shown in Exhibit A and including any variations or enhancements agreed to by the City and the Project.A Pre-Application.Conference will be held with the particular.permitting city prior to application submittal to review the project design and formalize this common understanding of Commuter Rail facility design within.each City..The Pre-Application Conference will also identify permit Page 2 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville requirements and an estimated schedule for review of land use applications. During the local project review process,the City in which the application is being processed will assign a staff liaison to the Commuter Rail project who will act as the primary point of contact between that City and the permit applicant. c. During City's review of land use applications,design issues and/or impacts that extend beyond the Station Area Project Design Guidelines shall be immediately brought to the attention of the County or its designee. County or its designee and City shall meet to evaluate the effects of the City-initiated design changes on the design and financial feasibility of the Project. If design changes can be made that are consistent with the design guidelines of Exhibit A and the Project Development Principles(Section II)of this agreement, such changes shall be incorporated into the Project design and land use application. d. If a determination of consistency with the Exhibit A cannot be reached,the provisions of the Dispute Resolution section(Section IV)of this Agreement shall be followed. IV. DISPUTE RESOLUTION In case of a dispute over the provisions of this Agreement,the one or more Cities and County staff for each entity will immediately refer the dispute to the respective City Manager or Mayor and the County Administrator for resolution.If the City Manager or Mayor and the County Administrator cannot resolve the dispute within 30 days,it shall be forwarded to the Commuter Rail Steering Committee for resolution(the Commuter Rail Steering Committee is composed of elected representatives from the four cities, Washington County and the Tri-Met General Manager).If the Commuter Rail Steering Committee is unable to resolve the dispute within 30 days,the dispute shall be subject to binding arbitration under ORS 190.710-190.800 except that the parties caneach select an arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator shall hear the matter. Any decision resulting from this dispute resolution process shall not be a land use decision but may be incorporated into a final land-use decision by the City. The cost of the arbitrator shall be borne equally by the parties to the dispute. Each party shall be solely responsible for its cost of legal representation,if any. V. NOTICE-OF APPLICATIONS Cities shall give notice to County or its designee of all claims,land use applications, hearings,decisions and any appeals of those decisions made under the authority of this Agreement. County or its designee shall forward to other signatories to this agreement copies of all claims, land use applications,hearings,decisions and any appeals of those decisions made under authority of this Agreement. VI. TERM OF AGREEMENT This Agreement shall be effective upon final signature and shall remain in effect for three (3)years. The Agreement may be extended for a subsequent two(2)year term upon mutual agreement of the parties. This Agreement may be terminated by any party upon ninety(90)days written notice to the other parties. Page 3 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville VII. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal,state and local ordinances, statutes, and regulations.that are applicable to the services provided under this Agreement. VIII. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. IX. HOLD HARMLESS Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,an the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other,including its officers,agents and employees, against all claims,demands,actions and suits(including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. X ASSIGNMENT Each of the parties understand that the County shall have the right to assign this Agreement without the Cities;consent to an entity that designs,constructs,and/or operates passenger rail service in this corridor. XI MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all parties. This writing is intended as the final expression of the agreement between the parties with respect to the terms and as.a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF,the parties have executed this Intergovernmental Agreement on the date set below their signatures. WASHINGTON COUNTY,OREGON CITY O SO E OREGON By: By: Tom Brian,Cha • Charlotte Lehan,Mayor Washington.County Cityof Wilsonville Board of Commissioners Date: Z Date: 200,77 Approved as to form: Approved as to form: z-,f I YPHGVL'D "JASHINGTON.C County Counsel BOARD 0 C 0!v!MISSICd0; ttorney �.�Ir�uz��� oI�I�I;x It :�a..:..��..�...........� Dr.1, ..... ..LL�.. .. .�.c�. ._ gmba�l a ' Page 4 of 4 Intergovernmenta Agreeiimf, ' the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville AGENDA �- WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent—Land Use and Transportation (CPO 2,4,5) Agenda Title: APPROVE INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITIES OF BEAVERTON,TIGARD,TUALATIN, WILSONVILLE AND WASHINGTON COUNTY, FOR COORDINATION OF THE COMMUTER RAIL PROJECT Presented by: Kathy Lehtola,Director, Land Use and Transportation SUMMARY(Attach Supporting Documents if Necessary) The Commuter Rail Project is moving forward into the final design stage. Over the next year, the project will be fully designed and steps will be taken to secure the required approvals and funding agreements for construction of the Commuter Rail Project. We anticipate project construction activity could begin as early as next summer. The target completion and opening date is September 2005. As the project progresses through the final design stage, local engineering and land use reviews will.be required in each City the Commuter Rail project serves. These reviews will be associated with the five Commuter Rail station areas and park-and-ride lots. In an effort to ensure that each City is treated equally in the design and implementation of the Commuter Rail project, an Intergovernmental Agreement(IGA)has been prepared to set forth the design parameters for the stations and park-and-ride lots. The IGA is intended to establish the standard facility design that the Commuter Rail project will construct in each City within the project budget. The IGA does allow modifications to the design to recognize local design guidelines. However, the IGA includes the requirement that a local jurisdiction pay any incremental cost attributable to physical modifications that is greater than the cost of the improvements in the.design guidelines presented in Exhibit A of the IGA. Any design modification will be the result of discussions and coordination between a City and the Commuter Rail project team prior to submitting the project for local review. (continued) A copy of the IGA is available for review at the Clerk's Desk. DEPARTMENT'S REQUESTED ACTION: Approve and authorize the Chair to sign the Intergovernmental Agreement between the City of Beaverton, the City of Tigard, the City of Tualatin, the City of Wilsonville and Washington County upon completion of contract review. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested:action. APPHOVED WASHINGTON COUNT'r BOARD OF COMMISSIONERS Q MINUTE ORDER N ..QAgenda Item No. 1.J. �...�.5.i.�.........:... DATE.. . ,„,,,,_. 11-2& "02 ,,..., ,,.. Date: 11/26/02 BY Z aAa cisni a,"" aoo 107 APPROVE INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITIES OF BEAVERTON,-TIGARD,TUALATIN,WILSONVILLE AND WASHINGTON COUNTY, FOR COORDINATION OF THE COMMUTER RAIL PROJECT BCC 11/26/02 The.IGA has been considered and approved by the City Councils of Beaverton,Tigard,Tualatin and Wilsonville. The Definitive Agreement between the.County and Tri-Met requires that;the County use best effortsto negotiate,on behalf of Tri-Met,joint or separate Memoranda of Understanding with the Cities of Beaverton;Tigard;Tualatin and Wilsonville to ensureshat local permitting for the Project is facilitated and,that,the,Project will:provide an equitable level of public improvements . ,amongst the Cities. These IGAs will accomplish hat requirement. 108 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT , BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN,THE CITY OF BEAVERTON, THE CITY OF WILSONVILLE AND WASHINGTON COUNTY,OREGON RECITALS 1. This intergovernmental agreement,hereinafter Agreement,is entered into on the last date shown on the signature pages by City of Tigard,the City of Tualatin,the City of Beaverton and the City of Wilsonville,hereinafter"Cities,"and Washington County,hereinafter"County,"all political subdivisions of the State of Oregon;and 2. ORS 190.007 provides.for the furthering of economy and efficiency in local government by intergovernmental cooperation. 3. The parties desire to enter into this Agreement for the purpose of allowing better coordination and design consistency between the Cities and the County in response to the design of station areas for the Washington County-Wilsonville to Beaverton Commuter Rail Project,hereinafter "Project'. 4. The Project is defined in the Washington County Commuter Rail Preliminary Engineering documents prepared by URS Consultants and dated February 2002. 5. The Project includes physical improvements to be located in each of the Cities that will require local land use review and permitting.The Project will be more specifically defined during the final engineering and design phase. 6. Cities and County coordinated during the preliminary engineering and design phase of the Project to reach a consensus on the fundamental design features of the physical improvements of the Project.This consensus represents a common understanding between the Cities and County of the Project improvements to be constructed in the Cities and any potential impacts associated with the Project. 7. The parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project based on the anticipated benefits to the transportation system and support the final design and engineering efforts that will lead to construction of the project.The Wilsonville to.Beaverton Commuter Rail Project is recognized and included in the Transportation System Plan of each City. 8. It would be to the benefit of the Cities and the County,to coordinate planning and permit review for the development of the Project.to insure that the Project provides similar station area improvements in each of the Cities based on.a consistent set of Project design expectations. Page I of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville 9. It would be to the benefit of the Project to coordinate planning and permit review for the development of the Project to insure that extraordinary expenses do not result from the local review process that could impact the financial feasibility of the Project. THE CITIES OF TUALATIN,TIGARD,BEAVERTON,WILSONVILLE,AND WASHINGTON COUNTY AGREE AS FOLLOWS: I. AREA AFFECTED BY THIS AGREEMENT The area affected by this Agreement is the Project property subject to local land use review and permitting by the Citiesthat is generally described as the Commuter Rail station areas,including station platforms,park-and-ride lots,operating base and related facilities.This property will be further defined as a result of the final engineering and design effort for the Project. 11. PROJECT DEVELOPMENT PRINCIPLES a. Insofar as practical,Cities shall be treated equally in terms of type and design of station area Project improvements within each of the Cities'jurisdictional boundaries..Station area Project improvements shall be.consistent with a common set of design guidelines(as shown in Exhibit A)for station areas established by the Project.Project improvements may recognize design variations included in local design guidelines or standards.However,any incremental cost attributable to physical improvements or modifications that is greater than the cost in the design guidelines(Exhibit A),or as agreed to through the process set forth in III c.will be the financial responsibility of the permitting city. b. A Memorandum of Understanding(MOU)between the Commuter Rail Project Manager and the city designee will be prepared outlining the details for costs, construction,roles and responsibilities for station area and any off-site improvements.This MOU will be prepared and.agreed to prior to filing a formal land use application with the applicable city. c. Efforts shall be made through coordination between the Cities and County to protect the Project from extraordinary expenses resulting from local land use reviews and approvals that may impact the financial feasibility of the Project. III. DEVELOPMENT PROCESS a. County or its designee will be the applicant for all necessary land use applications for submittal to each City. The applicant shall pay all required application fees or as otherwise agreed. b. Land use applications submitted to each of the Cities will reflect the Project improvements based on the common understanding of the station area Project design and impacts shown in Exhibit A and including any variations or enhancements agreed to by the City and the Project.A Pre-Application Conference will be held with the particular permitting city prior to application submittal to review the project design and formalize this common understanding of Commuter Rail facility design within each City.The Pre-Application Conference will also identify permit Page 2 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville requirements and an estimated schedule for review of land use applications.During the local project review process,the City in which the application is being,processed will assign a staff liaison to the Commuter Rail project who will act as the primary point of contact.between that City and the permit applicant. c. During City's review of land use applications,design issues and/or impacts that. extend beyond the Station Area Project Design Guidelines shall be immediately brought to the;attention of the County or its designee. County or its designee and City shall meet to evaluate the effects of the City-initiated design changes on the design.and financial feasibility of the Project.If design changes can be made that are consistent with the design guidelines of Exhibit A and the Project Development Principles(Section II)of this agreement, such changes shall be incorporated into the Project design and land use application. d. If a determination of consistency with the Exhibit A cannot be reached,the provisions of the Dispute Resolution section(Section IV)of this Agreement shall be followed. IV. DISPUTE RESOLUTION In case of a-dispute.over the provisions of this Agreement,the.one or more Cities and County staff for each entity will immediately refer the dispute to the respective City Manager or Mayor and the County Administrator for resolution.If the City Manager or Mayor and the County Administrator cannot resolve the dispute within 30 days,it;shall be forwarded to the Commuter Rail Steering Committee for resolution(the Commuter Rail.Steering Committee is composed of elected representatives from the four cities, Washington County and the.Tri-Met General Manager).If the Commuter Rail Steering Committee is unable to resolve the dispute within 30 days,the dispute shall be subject to binding arbitration under ORS 190.710-190.800 except that the parties can each select an arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator'shall hear the matter. Any decision resulting from this dispute resolution proces&shall not be a land use decision but may be incorporated into a final land-use decision by the City. The cost of the arbitrator shall be borne equally by the parties.to the dispute. Each party shall be solely responsible for its cost of legal representation, if any. V. NOTICE OF APPLICATIONS Cities shall give notice to County or its designee of all claims,land use applications, hearings,decisions and any appeals of those decisions made under the authority of this Agreement. County or its designee shall forward to other signatories to this agreement copies of all claims,land use applications,hearings,decisions and any appeals of those decisions made under authority of this Agreement. VI. TERM OF AGREEMENT This Agreement shall be effective upon final signature and shall remain in effect for three (3)years. The Agreement may be extended for a subsequent two�(2)year term upon mutual agreement of the parties. This Agreement may be terminated by any party upon ninety(90)days written notice to the other parties. Page 3 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville VII. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal,state and local ordinances,statutes, and regulations that.are applicable to the services provided under this Agreement. VIII. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. IX. HOLD HARMLESS Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,an the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other,including its officers,agents and employees, against all claims,demands,actions and suits(including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. X ASSIGNMENT Each of the parties understand that the County shall have the right to assign this Agreement without the Cities consent to an entity that designs,constructs,and/or operates passenger rail service in this corridor. XI MODIFICATION Modifications to this Agreement are valid only if made in writing:and signed by all parties. This writing is intended as the final expression of the agreement between the parties with respect to the terms and as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF,the parties.have executed this Intergovernmental Agreement on the date set below their signatures. WASHINGTON COUNTY,OREGON CITY OF B . VERT ,OREGON By: By: om Brian,Chair Rob Drake, ayor Washington _F County City of Beaverton Board of Commissioners Date: Date: ��o���© Approved as to foo Approved as to form: SIiD WASHIN^TON COUNT —vlo Pt_),?i3D Ole COMTvIISS10NERS Pounty Counsel City Attorney QQ g - Fes...-....a�a.... K OF T POARn Page 4 of 4 Intergovernmental Agre:ment Between Washington County,the City of Tualatin,the City of Tigard,'-Re City of Beaverton and the City of Wiisonvilie VII. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal,state and local ordinances,statutes, and regulations that are applicable to the services provided under this Agreement. VIII. DEBT LMTATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. IX. HOLD HARMLESS Subject to the limitations of liability for public bodies.set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,an the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other, including its officers,agents and employees, against all claims,demands, actions and suits(including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. X ASSIGNMENT Each of the parties understand that the County shall have the right to assign this Agreement without the Cities consent to an entity that designs,constructs,and/or operates passenger rail service in this corridor. XI MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all ,parties. This writing is intended.as the final expression of the agreement between the parties with respect to the terms and as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF,the parties have executed this Intergovernmental Agreement on the date set below their signatures. - WASHINGTON COUNTY,OREGON CO TUALA ,OREGON By: By: om Brian,Chair Lou Ogden,Mayor Washington County City of Tualatin Board of Commissioners Date: l2 -2.H-02 Date: Approved as to form* Approved as to form: A APPROVED \AJASHINGTON COUNTY County Counsel _.�..1� Off' COP:INIISSIONERS City Attorney O _ ', Page 4 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigarcd-,g eotTH ?10ARD� City of Beaverton and the City of Wilsonville URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN,THE CITY OF BEAVERTON, THE CITY OF WILSONVILLE AND WASHINGTON COUNTY,OREGON RECITALS 1. This intergovernmental agreement,hereinafter Agreement, is entered into on the last date shown on the signature pages by City of Tigard,the City of Tualatin,the City of Beaverton and the City of Wilsonville,hereinafter"Cities,"and Washington County,hereinafter"County,"all political subdivisions of the State of Oregon;and 2. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 3. The parties desire to enter into this Agreement for the purpose of allowing better coordination and design consistency between the Cities and the County in response to the designof station areas for the Washington County-Wilsonville to Beaverton Commuter Rail Project,hereinafter "Project". 4. The Project is defined in the Washington County Commuter Rail Preliminary Engineering documents prepared by URS Consultants and dated February 2002. 5. The Project includes physical improvements to be located in each of the Cities that will require local land use review and permitting. The Project will be more specifically defined during the final engineering and design phase. 6. Cities and County coordinated during the preliminary engineering and design phase of the Project to reach a consensus on the fundamental design features of the physical improvements of the Project.This consensus represents a common understanding between the Cities and County of the Project improvements to be constructed in the Cities and any potential impacts associated with the Project. 7. The parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project based on the anticipated benefits to the transportation system and support the final design and engineering efforts that will lead to construction of the project.The Wilsonville to Beaverton Commuter Rail Project i&recognized and included in the Transportation System Plan of each City. 8. It.would be to the benefit of the Cities and.the County to coordinate planning and permit review for the development of the Project to insure that the Project provides similar station area improvements in each of the Cities based on a consistent set of Project design expectations. Page 1 of 2 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville 9. It would be to the benefit of the Project to coordinate planning and permit review for the development of the Project to insure that extraordinary expenses do not result from the local review process that could impact the financial feasibility of the Project. THE CITIES OF TUALATIN,TIGARD,BEAVERTON, WILSONVILLE,AND WASHINGTON COUNTY AGREE AS FOLLOWS: 1. AREA AFFECTED BY THIS AGREEMENT The area affected by this Agreement is the Project property subject to local land use review and permitting by the Cities that is generally described as the Commuter Rail station areas, including station platforms,park-and-ride lots,operating base and related facilities. This property will be further defined as a result of the final engineering and design effort for the Project. II. PROJECT DEVELOPMENT PRINCIPLES a. Insofar as practical,Cities shall be treated equally in terms of type and design of station area Project improvements within each of the Cities'jurisdictional boundaries. Station area Project improvements shall be consistent with a common set of design guidelines.(as shown in Exhibit A)for station areas established by the Project.Project improvements may recognize design variations included in local design guidelines or standards. However,any incremental cost attributable to physical improvements or modifications that is greater than the cost in the design guidelines(Exhibit A),or as agreed to through the process set forth in III c.will be the financial responsibility of the�permitting city. b. A Memorandum of Understanding(MOU)between the Commuter Rail Project Manager and the city designee will be prepared outlining the details for costs, construction,roles and responsibilities for station area and any off-site improvements. This MOU will be prepared and agreed to prior to filing a formal land use application with the applicable city. c. Efforts shall be made through coordination between the Cities and County to protect the Project from extraordinary expenses resulting from local land use reviews and approvals that may impact the financial feasibility of the Project. III. DEVELOPMENT PROCESS a. County or its designee will be the applicant for all necessary land use applications for submittal to each City. The applicant shall pay all required application fees or as otherwise agreed. b. Land use applications submitted to each of the Cities will reflect the Project improvements based on the common understanding of the station area Project design and impacts shown in Exhibit A and including any variations or enhancements agreed to by the City and the Project.A Pre-Application Conference will beheld with the particular permitting city prior to application submittal to review the project design and formalize this common understanding of Commuter Rail facility design within each City. The Pre-Application Conference will also identify permit Page 2 of 2 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville requirements and an estimated schedule for review of land use applications. During the local project review process,the City in which the application is being processed will assign a staff liaison to the Commuter Rail project who will act as the primary point of contact between that City and the permit applicant. c. During City's.review of land use applications,design issues and/or impacts that extend beyond the,Station Area Project Design Guidelines shall be immediately brought to the attention of the County or its designee. County or its designee and City shall meet to evaluate the.effects of the-City-initiated design changes on the design and financial feasibility of the Project.If design changes can be made that are consistent with the design guidelines of Exhibit A and the Project Development Principles(Section II),of this agreement,such changes shall be incorporated into the Project design and land use application. d. If a determination of consistency with the Exhibit A cannot be reached,the provisions of the Dispute Resolution section(Section IV)of this Agreement shall be followed. W. DISPUTE RESOLUTION In case of a dispute over the provisions of this Agreement,the one or more Cities and Countystaff for each entity will immediately refer the dispute to the respective City Manager or Mayor and the County Administrator for resolution.If the City Manager or Mayor and the County Administrator cannot resolve the dispute within 30 days, it shall be forwarded to the Commuter Rail Steering Committee for resolution(the Commuter Rail Steering Committee is composed'of elected representatives from the four cities, Washington County-and the Tri-Met General Manager).If the Commuter Rail Steering Committee is unable to resolve the dispute within 30 days,the dispute shall'be subject to binding arbitration under ORS 190.710-190.800 except that the parties can each select an arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator shall hear the matter. Any decision resulting from this dispute resolution process shall not be a land use decision but may be incorporated into a final land-use decision by the City. The cost of the arbitrator shall be borne equally by the parties to the dispute. Each party shall be solely responsible for its cost of legal representation,if any. V. NOTICE OF APPLICATIONS Cities shall give notice to County or its designee of all claims, land use applications, hearings,decisions and any appeals of those decisions made under the authority of this Agreement. County or its designee shall forward to other signatories to this agreement copies of all claims, land use applications,hearings,decisions and any appeals of those decisions made under authority of this Agreement. VI. TERM OF AGREEMENT This Agreement shall be effective upon final signature and shall remain in effect for three (3)years. The Agreement may be extended for a subsequent two(2)year term upon mutual agreement of the parties. This Agreement may terminated by any party upon ninety(90)days written notice to the other parties. Page 3 of 3 Intergovernmental Agreement Between Washington County,the;City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville VII. COMPLIANCE WITH LAWS Each party shall comply with all applicable federal,state and local ordinances, statutes, and regulations that are applicable to the services provided under this Agreement. VIII. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being appropriated therefor. IX. HOLD HARMLESS Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,an the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other, including its officers,agents and employees, against all claims,demands,actions and suits(including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts of omissions of that party. X ASSIGNMENT Each of the parties understand that the County shall have the right to assign this Agreement without the Cities consent to an entity that designs,constructs,and/or operates.passenger rail service in this corridor. XI MODIFICATION Modifications to this Agreement are valid only if made in writing and signed by all parties. This writing is intended as the final expression of the agreement between the parties with respect to the terms and as a complete and exclusive statement of the terms of the Agreement. In WITNESS THEREOF,the parties have executed this Intergovernmental Agreement on the date set below their signatures. WASHINGTON COUNTY,OREGON CITY OF TIGARD,OREGON OU By: / By: 1 Tom Brian,Chair Ji Grif tth ayor Washington County City of Tig Board of Commissioners DaterDater O&Obi2ir aq, aoc)-Q Approved as to form: Approved as to form: APPROVED WASHPo.untv BOARD OF COi 1 MINUTE ORDER N ...... OUIIS 1 City Attorney )AT1; .Lr.Ir�.I ..�.� . C'1�L t �.b.. . .............� 3Y .....ardata.. CLERK OF THE .A - P 4 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the Ci of Beaverton and the City of Wilsonville CITY OF TIGARD, OREGON RESOLUTION NO. 02- Co I A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION- AREA DESIGN AND COORDINATION FOR COMMUTER RAIL. WHEREAS, in 1996 Tigard joined with Washington County, the cities of Beaverton, Tualatin, Wilsonville and Sherwood,and the Oregon Department of Transportation to study the feasibility of commuter rail along the freight rail line running between Beaverton and Wilsonville; WHEREAS, in 1999 Washington County and the Federal Transit Administration (FTA) began conducting an alternatives analysis and an environmental assessment; WHEREAS, both processes have been successfully concluded and the project is now seeking federal approval to begin final design; WHEREAS, the City of Tigard will have commuter rail stations in Downtown Tigard and in the Washington Square Regional Center; WHEREAS,the City of Tigard has supported the commuter rail project throughout the planning process; WHEREAS, Washington County is entering into an IGA with Tigard and all affected jurisdictions (Tualatin, Beaverton and Wilsonville) to allow better .coordination and station design consistency between the cities and the County; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Mayor Griffith is authorized to enter into an Intergovernmental Agreement (IGA) with Washington County regarding the Tigard-station area design and coordination for Commuter Rail, attached as Exhibit A to the Resolution. SECTION 2: This resolution is effective immediately upon passage. PASSED: This OQ day of CktDIOS/t_ 2002. AUfi If yor-City o 'g ATTEST: Certified to be a True Copy,of T.es. 0--4 0 I 9V1_e'Un__POriginal on filen+ od aC4 ALL City Recorder-City of Tigard UnG333\USR1DBPfSLL.RPLNIBE771\DOWN'I'OWMES ROLU770N102902FORIGADOC By: Recorder _ City of Tigard RESOLUTION NO.02- CP1 Data: _ /0-1:30.-Da Page 1 OoS-i nat J5_6A Exhibit A to the Resolution URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD,THE CITY OF TUALATIN,THE CITY OF BEAVERTON, THE CITY OF WILSONVILLE AND WASHINGTON COUNTY,OREGON .RECITALS 1. This intergovernmental agreement, hereinafter Agreement,is entered into on the last date shown on the signature pages by City of Tigard,the City of Tualatin,the City of Beaverton and the City of Wilsonville,hereinafter"Cities,"and Washington County,hereinafter"County,"all political subdivisions of the State of Oregon;and 2. ORS 190.007 provides for the furthering of economy and efficiency in local government by intergovernmental cooperation. 3. The parties desire to enter into this Agreement for the purpose of allowing better coordination and design consistency between the Cities and the County in response to the design of station areas for the Washington County- Wilsonville to Beaverton Commuter Rail Project, hereinafter "Project". 4. The Project is defined in the Washington County Commuter Rail Preliminary Engineering documents prepared by URS Consultants and dated February 2002. 5. The Project includes physical improvements to be located in each of the Cities that will require local land use review and permitting.The Project will be more specifically defined during the final engineering and design phase. 6. Cities and County coordinated during the preliminary engineering and design phase of the Project to reach a consensus on the fundamental design features of the physical improvements of the Project.This consensus represents a common understanding between the Cities and County of the Project improvements to be constructed in the Cities and any potential impacts associated with the Project. 7. The parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project based on the anticipated benefits to the transportation system and support the final design and engineering efforts that will lead to construction of the project.The Wilsonville to Beaverton Commuter Rail Project is recognized and included in the Transportation System Plan of each City. 8. It would be to the benefit of the Cities and the County to coordinate planning and permit review for the development of the Project to insure that the Project provides similar station area improvements in each of the Cities based on a consistent set of Project design expectations. Page I of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville 9. It would be to the benefit of the Project to coordinate planning and permit review for the development of the Project to insure that extraordinary expenses do not result from the local review process that could impact the financial feasibility of the Project. THE CITIES OF TUALATIN,TIGARD,BEAVERTON, WILSONVILLE,AND WASHINGTON COUNTY AGREE AS FOLLOWS: I. AREA AFFECTED BY THIS AGREEMENT The area affected by this Agreement is the Project property subject to local land use review and permitting by the Cities that is generally described as the Commuter Rail station areas, including station platforms,park-and-ride lots, operating base and related facilities.This property will be further defined as a result of the final engineering and design effort for the Project. li. PROJECT DEVELOPMENT PRINCIPLES a. Insofar as practical, Cities shall be treated equally in terms of type and design of station area Project improvements within each of the Cities'jurisdictional boundaries. Station area Project improvements shall be consistent with a common set of design guidelines(as shown in Exhibit A)for station areas established by the Project. Project improvements may recognize design variations included in local .design guidelines or standards. However,any incremental cost attributable to physical'improvements or modifications that is greater than the cost in the design guidelines(Exhibit A), or as agreed to through the process set forth in III c. will be the financial responsibility of the permitting city. b. A Memorandum of Understanding(MOU)between the Commuter Rail Project Manager and the city designee will be prepared outlining the details for,costs, construction,roles and responsibilities for station area and any off--site improvements.This MOU will be prepared and agreed to prior to filing a formal land use application with the applicable city. c. Efforts shall be made through coordination between the Cities and County to protect the Project from extraordinary expenses resulting from local land use reviews and approvals that may impact the financial feasibility of the Project. III. DEVELOPMENT PROCESS a. County or its designee will be the applicant for all necessary land use applications for submittal to each City. The applicant shall pay all required application fees or as otherwise agreed. b. Land use applications submitted to each of the Cities will reflect the Project improvements based on the common understanding of the station area Project design and impacts shown in Exhibit A and including any variations or enhancements agreed to by the City and the Project.A Pre-Application Conference will be held with the particular permitting cityprior to application submittal to review the project design and formalize this common understanding of Commuter Rail facility design within each City. The Pre-Application Conference will also identify permit Page 2 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville requirements and an estimated schedule for review of land use applications. During the local project review process,the City in which the application is being processed will assign a staff liaison to the Commuter Rail project who will act as the primary point of contact between that City and the permit applicant. c. During City's review of land use applications, design issues and/or impacts that extend beyond the Station Area Project Design Guidelines shall be immediately brought to the attention of the County or its designee. County or its designee and City shall meet to evaluate the effects of the City-initiated design changes on the design and financial feasibility of the Project.If design changes can be made that are consistent with the design guidelines of Exhibit A and the Project Development Principles(Section II)of this agreement, such changes shall be incorporated into the Project design and land use application. d. If a determination of consistency with the Exhibit A cannot be reached,the provisions of the Dispute Resolution section(Section IV)of this Agreement shall be followed. IV. DISPUTE RESOLUTION In case of a dispute over the provisions of this Agreement,the one or more Cities and County staff for.each entity will immediately refer the dispute to the respective City Manager or Mayor and the County Administrator for resolution. If the City Manager or Mayor and the County Administrator cannot resolve the dispute within 30 days, it shall be forwarded to the Commuter Rail Steering Committee for resolution(the Commuter Rail Steering Committee is composed of elected representatives from the four cities, Washington County and the Tri-Met General Manager).If the Commuter Rail Steering Committee is unable to resolve the dispute within 30 days,the dispute shall be subject to binding arbitration under ORS 190.710-190.800 except that the parties can each select an arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator shall hear the matter. Any decision resulting from this dispute resolution process shall not be a land use decision but may be incorporated into a final land-use decision by the City. The cost of the arbitrator shall be borne equally by the parties to the dispute. Each party shall be solely responsible for its cost of legal representation, if any. V. NOTICE OF APPLICATIONS Cities shall give notice to County or its designee of all claims, land use applications, hearings, decisions and any appeals of those decisions made under the authority of this Agreement. County or its designee shall forward to other signatories to this agreement copies of all claims, land use applications, hearings,decisions and any appeals of those decisions made under authority of this Agreement. VI. TERM OF AGREEMENT This Agreement shall be effective upon final signature and shall remain in effect for three (3)years. The Agreement may be extended for a subsequent two(2)year term upon mutual agreement of the parties. This Agreement may be terminated by any party upon ninety(90)days written notice to the other parties. Page 3 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the City of Beaverton and the City of Wilsonville l i DRAFT 'tea ExhibitA to Commuter Rail �� ,,,■�,� Intergovernmental Agreement y Washington County Commuter Rail Station Design Scope September 2002 J: �-\,XAGTON COG c � d r.; :, gty okEcoN T R I M E T 1. ., Table of Contents Project Summary ........................................ 1 Project Scope .............................................. 2 Introduction ................................................... 3 Objectives .................................................. 4 :]13 Station Elements Platforms, Tactile Pavers & -6 Track Crossings..................... 5 Shelters ................................................. 7 Lights, Signs & Ticket Machines ...... 8 J!1116� Station Amenities Paving & Railings .................................. 9 Benches, Phones, Trash Receptacles, Tree Grates & Bike Racks ....... 10 PublicArt ....................................................... 11 Station Enhancements .................................. 12 Conceptual Station Plans Beaverton TC ...................................... 13 Scholls Ferry Rd./Washington Sq. ...... 13 TigardTC ............................................ 14 Tualatin ............................................... 15 Wilsonville ........................................... 15 Exhibit A:Design Scope& Objectivesfor Stations-Commuter Rail DRAFT Project Description The Commuter Rail project will serve critical public mobility Project Summary needs in the eastern Washington County transit corridor through joint use of freight rail lines to move commuters through this fast growing area. ', '��• The Commuter Rail project: • links with the MAX Blue Line to connect riders with 4 _ Hillsboro, Portland, Gresham and the Portland Airport • runs 14.7 miles from Wilsonville to Beaverton along an G existing railroad corridor • links five eastern Washington County regional and town centers • includes park& ride facilities at four of the five stations at Trinity Railway Express Washington Square, Tigard, Tualatin and Wilsonville Dallas/rt.Worth, Texas • will operate weekdays during rush hours • has an estimated daily ridership of 4,650 in 2020 Project Cost Total capital cost for the Commuter Rail project is estimated at —Beaverton TC $120 million (year-of-expenditure dollars). Federal, state and local funding will cover construction costs. Local cities and Washington County have committed $25 million in local funds. The 2001 Legislature committed $35 million in state lottery bond proceeds for the project. A request for federal Washington authorization and funding for the balance is underway. Scholls Ferry/ syaare Tc i Washington Sq. Background and Project Status ypU Tigard TC In 1996,Washington County; the cities of Beaverton, Tigard, p Tualatin,Wilsonville and Sherwood;TriMet; Metro; and ODOT began studying the feasibility of commuter rail along a branch freight rail line that parallels Interstate 5 and Highway 217 between Wilsonville and Beaverton. In 1999, the county and the Federal Transit Administration (FTA) began alternatives uy.un Re analysis and an environmental assessment. Both processes Tv-4jY R v£R Tualatin have been successfully concluded, and the project is now f S �Re seeking federal approval to begin final design. `E°E"° u. Benefits —cam..as uM ° �R.0 3"°" Of the 4,650 average daily weekday riders (in 2020), —oe�R.awe 2,350 would be new to transit. • Commuter rail travel time of 26 minutes between Beaverton and Wilsonville is 35-50 percent less than equivalent auto travel. • Capital cost of$8.2 million per mile is significantly less � Wilsonville than an alternative limited-access highway. • Project is consistent with local, regional and state Washington County commuter rail corridor plans. Exhibit A:Design Scope& Objectives for Stations- Commuter Rail DRAFT Page 1 Project'ect Sco e P Commuter Rail Service In most settings, commuter rail is a transit service that pre- dominantly serves work commute trips over longer distances r- I than light rail (e.g., MAX).Trains typically run during both the '.�; .w°=�•"" ® qr morning and afternoon rush hours; some commuter rail "� agencies also offer mid-da trains. Commuter rail stations �" 9 y --1 _ o `TI ` are typically further apart than light rail stations; station spacing on the Washington County line ranges from 3-5 ,. miles. �' , �,_: r.• Washington County and TriMet are planning for weekday =' commuter rail service for 3.5 hours in both the mornings and Rail Diesel Car(RDC) afternoons. Commuter Rail Vehicles Most new commuter rail systems in North America use diesel- ,. j F electric-powered locomotives hauling 3-6 passenger coaches in order to carry many passengers over long distances. For commuter corridors with shorter distances between stations and smaller passenger loads, self-propelled train cars like the Rail Diesel Car (RDC), used by the Trinity Railway Express in Dallas/Ft.Worth, are more economical. RDC Interior-Trinity Railway Express Dallas/Ft.Worth,Texas Since the Washington County commuter trains will be operating on an active freight railroad, the passenger vehicles must comply with safety standards set by the Federal Railroad Administration (FRA). No FRA-compliant vehicles have been manufactured since the 1950s. ,. Recently a new car developed by Colorado Rail Car has r met the FRA standards and remains in development. Another possible self-propelled rail car is being developed by Bombardier Transportation. Aero DMU-Colorado Rail Car Commuter Rail Facilities Commuter rail station facilities across North America vary \ widely in size and amenity levels. Some stations have oper- ated continuously as central railroad stations for decades. Other stations, in part because of the limited peak-hours service,are fairly utilitarian. M-7 commuter rail vehicle-Long Island Railroad Bombardier Transportation Exhibit A:Design Scope& Objectives for Stations-Commuter Rail DRAFT Page 2 Introduction Purpose - _ This document will provide project partners a means of -=, establishing the objectives and expectations of station design WY for the Washington County Commuter Rail Project. slim ' I.. This document will help: f „ outline the objectives of station design for the project present background information and design examples from other projects in the region and other commuter it r rail J P 9 systems MAX Red Line-Portland Airport Y • clarify station design options and station elements within the project's baseline budget +% • outline opportunities for TriMet's public art program to help V station communities strengthen their identity using �l standard and unique project materials • introduce possible enhancements that, while beyond the �- scope of the project, may be funded locally by station communities This document also serves as Exhibit A to the Intergovernmental Agreement (IGA) that the project Station platform-MARC commuter rail Dorsey,Maryland partners have implemented to describe the physical improvements within each jurisdiction and to provide the basis for a common set of design guidelines to be followed during Project construction. These design guidelines, when used in conjunction with the preliminary engineering documents, ensure that the Project will provide similar improvements in each of the Cities based on a consistent set of Project design expectations.The IGA also notes that physical improvements or modifications beyond those set forth in these design guidelines or agreed to design variations will be the financially responsibility of the sponsoring city or agency. Exhibit A:Design Scope& Objectives for Stations- Commuter Rail DRAFT Page 3 Design Objectives TriMet builds both bus and rail facilities based on objectives that have evolved over the years. In building capital facilities, TriMet seeks to: optimize passenger safety and security • provide protection from the elements for waiting passengers • optimize system reliability and customer comfort Station platform-Trinity Railway Express • enhance the physical place and community in which Dallas/Ft.Worth,Texas the facility resides • minimize disruption to local facilities and communities • minimize energy consumption • ease and facilitate maintenance and reduce costs over time provide attractive physical improvements within the project's overall capital budget Station platform and adjacent buses-Metrolink Southern California Exhibit A:Design Scope& Objectives for Stations-Commuter Rail DRAFT Page 4 Station Element: Platforms - ---- _- = / Conceptual center platform design Ramp High-block Source:Washington County/URS/BRW Station platforms provide waiting and loading areas for commuter rail passengers. Platforms must be designed to accommodate pedestrian circulation, ADA requirements, standard transit amenities and the commuter rail vehicle dimen- sions and clearances. Platform dimensions are typically 20 feet wide by 200 feet long. Commuter rail platforms will include: Illustration of conceptual platform design • a "mini-high-block"platform for loading Source:Washington County/URS/BRW _ passengers in wheelchairs y • benches • trash cans • ticket machines • shelters i, Station platform-Altamont Commuter Express (ACE) 115 Stockton-San lose, California vl moi. J - � ,...�- � r fes-•-• Station platform-Sounder Station platform-Trinity Railway Express(TRE) Tukwila,Washington Dallas/FL Worth,Texas Exhibit A:Design Scope& Objectives for Stations -Commuter Rail DRAFT Page 5 Station Element: Platforms Conceptual platform design Source:Washington County/URS/BRW Ramp High-block Tactile Pavers Station platforms must be designed with passenger safety foremost in mind. Safety features include; • tactile pavers to delineate the trackway edge , • well-marked and regulated pedestrian track crossings r 1 4 1 , r Platform tactile pavers being installed MAX Yellow Line-Portland Blvd.Station Track Crossings 0.3 Exhibit A:Design Scope& Objectives for Stations -Commuter Rail DRAFT Page 6 Station Element: Shelters Passenger shelters should provide weather - 1 aProtection, a feeling of security and an identity for the station and surrounding area. ill Commuter rail shelters will include: n • a metal roof • steel support columns • a stainless steel leaning rail Shelters are planned to be approximately 10 feet wide by 60 feet in length; the roof will be approximately 10 feet above the platform. Partially completed shelter N Portland Blvd Station MAX Yellow Line(Interstate MAX) New shelter under construction N Portland Blvd Station MAX Yellow Line(Interstate MAX) Conceptual platform design showing shelter/windscreen Source:Washington County/URS/BRW a� Exhibit A:Design Scope& Objectives for Stations -Commuter Rail DRAFT Page 7 Station Elements Lights Commuter rail stations and park & ride lots will include both pedestrian level and higher level lighting. Pedestrian level lighting is provided via 10-foot high precast concrete poles and translucent fixtures. Depending on the situation, higher level lighting will be provided by lights that ,- are typical for either TriMet or the local jurisdiction. - Minimum illumination standards must be met ' .< �'• �1- ' for pedestrian walkways, platforms and parking ., f! lots. Pedestrian-scale lighting Precast concrete pole Overhead cobra-style lighting Metal pole Signs Station signs provide clear and concise information to passengers. Signs will: ' • be easily visible • be consistent with existing TriMet graphics • conform to ADA and other applicable codes • minimize maintenance requirements Customer information pylon Customer information sign " Ticket Machines u i■'i . Ticket vending machines (TVMs) allow self-service 0 purchase and validation of single and multiple �i ride tickets. $ Ticket machines on commuter rail platforms - �— will be standard TriMet equipment. TriMet ticket vending machines Exhibit A:Design Scope& Objectives for Stations-Commuter Rail DRAFT Page 8 Station Amenities I . Paving Various paving treatments can enhance the station environment. Paving materials must meet basic safety requirements. +yj These examples illustrate the paving materials and designs that ares considered appropriate for the 77 commuter rail stations. Scored concrete,Rose Quarter TC Sand-based pavers pill Y �- .'r� �— Sand-based pavers Railings Railings provide separation from non-pedestrian areas and fall Ramp railing protection. Railings may be utilitarian in design or may be enhanced as part of the art program or other efforts. N *270 Ramp railing Platform railing Exhibit A:Design Scope& Objectives for Stations - Commuter Rail DRAFT Page 9 Station Amenities Benches Phones r � • �r► / t' i Trash Receptacles s These station amenities are considered appropriate for all commuter rail stations. ' _ Bike Racks/Lockers �M All — • I TriMet's new prototype bike locker Tree Grates � V r Exhibit A:Design Scope& Objectives for Stations -Commuter Rail DRAFT Page 10 Public Art Art Program Objectives A great opportunity for making each station unique is through public art.TriMet's public art program promotes transit use and community pride by integrating permanent art works into the public transit system.The resulting art work celebrates the contributions of public transportation and reflects the l cultural richness in the region. The TriMet public art program: r • utilizes local, regional and national artists to develop + .,K high quality public art work that enhances the transit I 'y ► environment • commissions artwork that is structurally sound and I resistant to theft, vandalism, weathering and excessive maintenance costs • commissions artwork that presents no public safety hazards nor creates any impediment to Americans with 1 Disabilities Act (ADA) compliance Sand-blasted glass panels MAX Blue Line-Quatama/NW 205th Ave Station Community Involvement TriMet will form a new group including representatives from each station area and TriMet's Public Art Advisory — Committee to select artists and review proposed art work. Representatives of community-based organizations, neighbor- hood associations and other groups will be invited to share their knowledge about the community with the artists. The artists' proposals for art work will reflect their understanding �. of the history and unique character of the areas around the commuter rail stations. Through frequent exchanges and the direct involvement of community members,the Commuter Rail art program will be better able to achieve its goals of enhancing the transit system Color integrated into concrete platform and the communities it serves. MAX Red Line-Portland Airport Station � Art installation:'Coho Commute' Installation of railing with art elements Mohawk Park&Ride/Tualatin Prototype railing for N Killingsworth St Station MAX Yellow Line-Interstate/Rose Quarter Station MAX Yellow Line(Interstate MAX) Exhibit A:Design Scope& Objectives for Stations-Commuter Rail DRAFT Page 11 Station Enhancements Communities may consider adding amenities, Clocks/Towers with local funding, that are beyond the basic , R, design of the commuter rail stations in order to achieve local design objectives. The Project will strive to incorporate station enhancements wherever financially feasible. Information Kiosks _ I s Station clock r Dallas Area Rapid Transit station Pape Bell Tower Oregon State University Special Paving Sand-based pavers Brick and precast concrete pavers Brick and precast concrete pavers —SOL Special Railings Pavers Art elements cast into concrete Flower Baskets/Planters MAX Blue Line-Old Town/Chinatown Station MAX Blue Line-Old Town/Chinatown Station Exhibit A:Design Scope& Objectives for Stations- Commuter Rail DRAFT Page 12 Commuter Rail Station Plans The stationP lans, when considered together with the preliminary engineering documents, form the common set of design elements that will be provided at each of the five commuter rail stations. These commuter rail station plans will likely be refined as more detailed engineering occurs on the project. However, design details will be consistent with the provisions of the Intergovernmental Agreement. Beaverton Transit Center r� r- _ i r i I S� � �, ' � / Commuter Rail pia Hwm i Hew track New O—gO er Hall J III 11 ( J I �* «.S Exhibit A:Design Scope& Objectives for Stations- Commuter Rail DRAFT Page 13 Commuter Rail Station Plans Tigard Transit Center slIs, S P4f 99 1 Ep.eas APwo.k"twy rap MMmp sp­ Washington County Commuter Rail /1 ITRS Scholls Ferry Rd./Washington Square %y. EIIsNnp Tr.cA f� ./ N—T—A r� Pf.florm y Washingfon County Commuter Rail URS Exhibit A:Design Scope& Objectives for Stations - Commuter Rail DRAFT Page 14 Commuter Rail Station Plans Tualatin \ 4 .- �� E+ISRnp i.ac. M.N. S Sra.mwalGl 411. 21 Washington County Commuter Rail a URS 7 Wilsonville PIJBofm ''-� Bf1n �,�= PafMlnp MainfenancJ FJcrlrry � '�1: ` Landzcaped Wafv +A RV-0—nA— It APprorim.rely 797 pJr4inp sp— URS Exhibit A:Design Scope& Objectives for Stations-Commuter Rail DRAFT Page 15