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Washington County - Washington Square Greenbelt Trail -6tL 11G -00- cif MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD FOR THE WASHINGTON SQUARE REGIONAL CENTER GREENBELT TRAIL PROJECT THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "County", and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "City". RECITALS 1. On May 161 1995,. County voters approved a Major. Streets Transportation Improvement Program - Six Year Serial Levy for Roads (MTIP 3), including a Bike and Pedestrian Program from which the City is eligible to receive funds; and 2. The City has a project to construct a bicycle and pedestrian trail in the Washington Square Regional Center in Tigard, said improvements hereinafter called the "project", as described in the project prospectus (attached as Exhibit "A"); and 3. The estimated cost of the project is $430,020 proposed to ber paid by$160,950 from the Federal.CMAQ program, $18,419 from CITY local funds and. $250,671 in MSTIP3 Bike and Pedestrian program funds; and 4. ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all activities and functions that a party to the agreement has the authority to perform. NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 The County hereby designates the Capital Project Management Division (CPM) Manager, Department of Land Use. and Transportation; or designee, as the County's representative to be responsible for coordination of the project with the City. F:\CPM\Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington Square,:Regional Trail IGA.doc 1.2 Upon receipt of a City invoice, the County shall reimburse the City up to$250,671 from the MSTIP 3 Bike and Pedestrian program fund for project expenses. Reimbursement shall be for eligible costs directly related to the project, including project design, right-of-way acquisition, permitting, construction, construction management and administration costs,.and shall include such work performed prior to the date of this agreement. City administrative costs shall be reimbursed in accordance with the City's adopted.cost allocation plan. 1.3 The County shall make payment to the City within 30'days of receipt of an invoice. Billings received from the City must be approved by the CPM Manager, or designee, prior to presentation to the.County Finance Division for payment. 1.4 The County's obligations shall not be a general obligation of the County, but shall be payable solely from available funds allocated to the MSTIP program. 2. CITY OBLIGATIONS 2.1 The City shall-submit an invoice or invoices to the County for-reimbursement of project costs in a form mutually agreed to by the City and County. 2.2 The City shall, upon execution of this agreement, assign a liaison person to be responsible for coordination of the project with the County. 2.3 The City shall perform all tasks needed to implement the project, including but not limited to project design, right-of-way acquisition, permitting, construction, construction management and administration, and payment of project costs. 2.4 All work.and records of work shall be in conformance with applicable State and local statutes and regulations. The work and records shall not conflict with any applicable ordinances or regulations. 3. GENERAL PROVISIONS 3.1 LAWS OF OREGON The parties agree to abide by all applicable laws and regulations regarding the handling and.expenditure of public funds. This agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapters 279A-C to be included in public contracts are hereby incorporated and made a part of this agreement as if fully set forth herein. FACPM1Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington-Square Regional Trail IGA.doc 3.2 DEFAULT Time is of the essence in the performance of this agreement. Either party shall be deemed to be in default if it fails to comply with any provision of this agreement. The complaining party shall provide the other party with written notice of default and allow thirty (30)days within which to cure the defect. The County shall pay the City for costs incurred for satisfactorily completed and authorized work up to the time of default, if any. 3.3 INDEMNIFICATION This agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omission of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees, and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 3.4. MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this agreement shall be binding unless in writing and signed by both parties. 3.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this agreement, or regarding the terms, conditions or meaning of this agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 3.6 SEVERABILITY If any one or more of the provisions contained in this agreement is invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of'the agreement,will not be affected or impaired in any way. F:\CPM\Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington Square Regional Trail IGA.doc 3.7 INTEGRATION This agreement is the entire agreement of the parities on its subject and supersedes any prior discussions or agreements regarding the same subject. 4. TERM OF AGREEMENT 4.1 The term of this agreement shall be from the date of execution until the completion of the project, but not to exceed four years. 4.2 This agreement may be amended or extended for periods of up to one year by consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective 30 days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the project and paying for costs as are necessary. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. WASHINGTON COUNTY, OREGON CITY OF TIGARD, OREGON t CH RMAN, BOARD COU TY MAYO CO MISSIONERS Date: Z jJ Date: 0(p 7—� RECORDING SECRETARY RECORDER APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS Approved to Form: MINUTE ORDER f) DATE — :...... Loretta SkurdaOZ Ir Nh `/L�c < . Sr.Assistant County Counsel Date: ,� Q F:\CPM\Shared\Projects\2569 Bike-Pedestrian\Tigard\Washington Square Regional Trail IGA.doc PROJECT PROSPECTUS a Part 1 — Project Request(Page 1 of 2) Key Number: Jurisdiction: Cit of Ti and Section: Region: Area: District: SW Greenburg Rd-SW Hall Blvd (Tigard) 1 Metro West 2A State Highway No.: Highway Name: Mile Point Length: (M I) N/A N/A-Off-street path From: To: 0.59 0 Urban City: MPO: Witm. D Yes County: Road/Street Name: ❑ Rural Tigard P UGB ❑ No Washington Washin ton Square Regional Center Trail Route No.: NHS❑ YES HPMS: FC: Applicant(If other than State): N/A O NO City of Tigard US Congressional District: State Senate District: State Representative District: 1 4 9 y os 11if�i e x$ �ti�1 F j C ane ,lti d. a Preliminary Engineering $ 74Grading X Files W 10 Right Of Way $ 199 Paving X -Hectares-Acres M 1.1 Utility Reimbursement Structures NIA Relocations M N/A Signing N/A Acquisitions M 10 Roadway $ 141 Signals N/A Easements M 0 Structures Illumination N/A ;, WoX13 5tatelGohsu anlidat r Signals Detour N/A Preliminary Engineering (S,C,A) A Illumination Construction Engineering (S,C,A) A Temp.Protection Right of Way Descriptions (S,C,A) C Const.Contingencies Right Of Way Acquisitions (S,C,A) C Const.En f jPro�ectCa e�Opf1£ - y - Engineering $ 16 _ru. a 0_ . nsr is Detour Environmental Class (1,2,3,PCE) 2 ❑ Contract ❑ County Force Design Category (1-7) 7 Total CE and Construction: $ 157 Work Type Code (1-13) 12 ❑ State Force ❑ Other Total Estimate: $ 430 Primary STIP Work Type: ❑ City Force Recommended Let Date By Federal Fiscal Year(Quarter-Year): Apr-06 PE Fund: STP/local R!W Fund: STP UR Fund: CE-CN Fund: PE EA: R/W EA: UR EA: CE-CN EA: �� rig p afjps Define The Problem: The roads within the Washington Square Regional Center experience significant traffic congestion Travel Lanes (#) 0 0 during weekday peak periods. Highway 217 presents a major barrier for bike and ped users. The Structures (#) 0 0 only connections between the east and west side of the higheay in the Plan area is Hall,Scholls or Signals (#) 0 0 Greenberg. Approaching these three crossings,only I fall and Greenburg have sidewalks,with bike lanes only on Scholls. The increased densities anticipated in the Plan will bring greater interest and Bike Way (#) 0 0 demand for alternate moles of transportation for con muter;and those seeking recreational Average Daily Traffic 0 0 opportunities. The Plan indicates that many of the area's busiest streets and bridges are not wide Year of ADT 0 0 enough for installation of bike lands in the roadway,therefore an oft-street system was identified. Throughway Y/N AWI Describe Proposed Solution:-Attach Sketch Map The Washington Square Regional Center Plan identifies a combination of transportation mode improvements that will help provide easier access within the Regional Center. The greenbelt trail is one piece of the transportation system. The project being funded is one piece of the greenbelt trail system. Once the entire greenbelt is complete,bicyclists and pedestrians will be able to bypass existing and future traffic on Hall Blvd., Greenburg Road,Scholls Ferry Road and Nimbus Avenue. The portion of the greenbelt trail under consideration will provide an alternative to Oak Street in the interim and sets the stage for future phases of the trail Prepared By: Date: OTC Approval Date: Program Year: Funding Amount: X (5-2003) r' PRG. ,ECT PROSPECTUS Part 1 Project Request(Page 2 of 2) Key Number: Jurisdiction: p City of Tigard Section: Region: Area: District: SW Greenburg Rd -SW Hall Blvd (Tigard) 1 Metro West 2A s C a '� r Pry) J�is�tlfi�a#ton a , The Washington Square Regional Center Plan,adopted in 1999 evaluated transportation within the Washington Square Regional Center Boundaries. The roads within the Washington Square Regional Center experience significant traffic congestion during weekday peak periods. Among the transportation system recommendations,was an off-street trail system that would provide bike and pedestrian circulation for employees,customers and residents. The reason the off-street trail is included in the Plan is that the increased densities anticipated in the Plan will bring greater interest and demand for alternate modes of transportation for commuters and those seeking recreational opportunities. Highway 217 presents a major barrier for bike and ped users. The only connections between the east and west side of the higheay in the Plan area is Hall,Scholls or Greenburg. Approaching these three crossings,only Hall and Greenburg have sidewalks,with bike lanes only on Scholls. The Plan indicates that many of the area's busiest streets and bridges are not wide enough for installation of bike lands in the roadway,therefore an off-street system was identified. In the implementation phase of the Washington Square Regional Center Plan,the location ofthe off-street alternative was identified:From the existing Fanno Creek trail,east Ash Creek to Hall Blvd,north on Hall to the Red Tail Golf Course,around the perimeter of the Red Tail Golf Course and the southern edge of Whitfoma Middle School,across I lighway 217 back to the existing Fanno Creek trail system. Once complete,the Greenbelt Trail will provide an off-road alternative to Hall Blvd.,Greenburg Road,Scholls Ferry Road and Nimbus Avenue,linking the entire Regional Center. This phase will provide access to the trail via 95th Avenue,and will follow the southern edge of the wetland to Pine Street. The connection at 95th Ave will require crossing the existing wetland and floodplain with a boardwalk. No wetland fill is proposed. The trail is located within the floodplain and will comply with all applicable local,state and federal floodplain regulations. The trail width and location is designed to minimize disturbance to floodplain soils while providing the necessary width for pedestrians and bicyclists. Tigard,Washington County and Metro continue to work together to complete additional transportation system improvements within the Regional Center (improvements to Greenburg Road,Highway 217 corridor study,ol n � "Ohn � R >qsouf FROe �y? o Dart ro - Responsible Local Office To Be Contacted For The Following Activities: 1. Public Hearing/ Citizen Involvement City of Tigard (Office) 503-638-4171 (Phone) 2. Environmental I Planning City of Tigard (Office) 503-639-4171 (Phone) 3. Pre-Engineering City of-Tigard (Office) 503-639-4171 (Phone) This Official Request is From: City of: Tigard and/or County By: Julia Haiduk By: By: Vannie Nguyen By: By: Applicable Intergovernmental Agreements: IGA Number: Jurisdiction Name: Agreement Date: `Adrninistrtiue Recommendation4� F ;Y ; (5-2003) Oregon Deporunenl of Trnnsporialion PROJECT PROSPER.,fUS 7[r Part 3--Project Environmental Classification Key ID# 00000 SectionBridge No. Region County SW Greenburg Rd—SW Hall Blvd(Tigard) I Washington 1)ESTIMATED RIGHT-OF-WAY IMPACTS(INCLUDING EASEMENTS,NUMBER OF PARCELS,ACREAGE,AND IMPROVEMENTS) The proposed trail is approximately 3,000'long by 10'wide with 2'shoulder on each side of the trail. To accommodate the 14'wide trail,20'wide right- of-way will need to be purchased for the entire length of the trail. This amounts to 60,000 square feet or 1.38 acres of land required for the acquisition. The remaining 3'of right of way on each side of the trail will be used for construction of cut or fill slopes generated by change of grades. 10 parcels will be impacted by the project. 2)ESTIMATED TRAFFIC VOLUME,FLOW PATTERN,AND SAFETY IMPACTS(INCLUDING CONSTRUCTION IMPACTS,DETOURS,ETC.) N/A 3)ESTIMATED LAND USE AND SOCIOECONOMIC IMPACT(INCLUDING CONSISTENCY WITH COMPREHENSIVE PLAN) The path is consistent with the Comprehensive Plan and the Washington Square Regional Center Plan. There is no identified negative land use of socioeconomic impact 4)ESTIMATED WETLANDS,WATERWAYS,AND WATER QUALITY IMPACTS The path will be designed to minimize impacts to wetlands and water quality,however,it will run parallel to,and in one case cross,the wetland. The wetland crossing is proposed to be a boardwalk to further minimize impacts. Any impacts will be mitigated in accordance with applicable agency standards. The path is with the Ash Creek floodplain and will comply with all local,state and federal floodplain standards. The project will be designed to have a no net increase in flood-level. 5)ESTIMATED BIOLOGICAL AND THREATENED&ENDANGERED SPECIES IMPACTS ODFW does not indicate there are any biological or threatened and endangered species located in the vicinity of this trail. 6)ESTIMATED ARCHEOLOGICAL AND HISTORICAL IMPACTS None 7)ESTIMATED PARK AND VISUAL IMPACTS None 8)ESTIMATED AIR,NOISE,AND ENERGY IMPACTS None 9)ESTIMATED HAZMAT IMPACTS None 10)PRELIMINARY IDENTIFICATION OF POTENTIAL AREAS OF CRITICAL CONCERN AND CONTROVERSIAL ISSUES None—neighbors in the area have historically been concerned about development in this area and impacts to Ash Creek;however,the path is proposed to stay out of the wetlands and provide an enhancement for the resource and neighborhood. RECOMMENDED PROJECT CLASSIFICATION ❑ CLASS I DRAT 1'&FINAL ENVIRONMENTAL IMPACT STATEMENT ❑ RECONNAISSANCE ® CLASS 2 CATEGORICAL EXCLUSION ❑ PROGRAMMATIC CATEGORICAL EXCLUSION ❑ CLASS 3 ENVIRONMENTAL ASSESSMENT&REVISED ENVIRONMENTAL ASSESSMENT PREPARED BY - FHWA OR STATE nFFICIAL APPROVAL Julia Hajduk and Vannie Nguyen,City of Tigard DATE TELEPHONE NUMBER DATE TELEPHONE NUMBER October 13.2004 503-639-3171 r METRO TRANSPORTATION PRIORITIES 2004-07: Investing in the 2040 Growth Concept APPLICATION FORM (complete this cover form for each candidate project or program) 1. Project/Pro ram Title: Washington Square Regional Center Greenbelt Trail — 217 to Hall Blvd. J 9 9 q 9 2. RTP Project No.: See cover memo to Ted Leybold 3. Lead Agency (i.e., responsible for match): City of Tigard 4. Agency Contact.- a. ontact:a. Name Julia Hajduk b. Title Associate Planner c. Phone 503-639-4171 x2442 d. Fax 503-684-7297 e. E-mail (if any) Julia(cDci.tigard.or.us f. Mailing Address: 13125 SW Hall Blvd. Tigard OR 97223 5. Project Cost/Requested Funds (PLEASE PROVIDE INFORMATION ON THIS FORM): PE ROW CONSTRUCTION TOTAL Federal 66,630 178,325 140,899 385,854 Local 7,626 20,410 16,126 44,162 Private es� 1 S$735 (Phase K Y57 {I � ;d6r = 'FO11A� Q Y X39,252 far only} only} Phase } z; 6. Proiect/Proaram Description (summary for public presentation purposes, use 8.5"x 11"sheets) a. Street or facility,if applicable, Phase I Greenbelt trail construction between Highway 217 and Hall Blvd. The trail loop will ultimately connect to the Fanno Creek Trail on the west side of'Highway 217 in the future(Phase 11). We are asking for funds to complete the PE for the entire segment from Greenburg.Road to Hall Blvd at this time. b. Termini or project boundaries. The Phase I portion of the greenbelt trailwill be constructed between Highway 217 and Hall Blvd. The right of way will be 16 feet and the paved width will be 10 feet. The project will be located generally on the south side of Ash Creek inorder°to,minimizewetland impacts. c. Brief physical description of main project features(e.g.,length,number and width of lanes, bike lanes and/or sidewalks, bridge crossings,medians,planting strip, etc.) Phase I:The project is approximately 3,000 feet in length and 16 feet in width. The paved width will be 10 feet with 2 foot shoulders. The path will be a multi-use bicycle and pedestrian path. The path will generally be located along the south side of Ash Creek so as to minimize wetland impacts, however, there will be a crossing of the wetland area to create a temporary connection to 95`h Avenue. This temporary connection is necessary until funding for.a pedestrian bridge over Highway 217 is acquired which will allow a more direct connection to Greenburg Road and the Fanno Creek Trail. d. Explain current transportation problem and how the nominated project would.address the problem. The roads within the Washington Square Regional Center are congested. The Washington Square Regional Center.Plan provides remedies for the current and future congestion problems through a combination of transportation modes and mixed use development. The greenbelt trail within the regional center is one of the pieces of the transportation solutions. By providing.a.loop trail, bicyclists and pedestrians will be able to bypass existing and future traffic on Hall Blvd., Greenburg Road, Scholls Ferry Road and Nimbus Avenue. The proposal is to design the trail from Greenburg Road to Hall Blvd., however, due to project costs associated with crossing Highway 217,we are only planning on completing the eastern portion of the Ash Creek portion as part of this MTIP cycle. e. Provide photo(s)of project area;digital preferred(no more than three). See Attachment 1 L Attach 8.5"X 11"vicinity map indicating project and.nearest major arterial intersection. See Attachment 2 g. Complete the ODOT Local Agency Federal Aid Project Agreement(Attachment A). Consult with your ODOT Local Agency Program Coordinator(Mark Foster at 503-731-8288, Lelisa Rozendal at 503-731-8595'or Tom Weatherford at 503-731-8238)if you have questions regarding elements of the form. See Attachment A h. Describe any significant aspects of the project that transcend technical evaluation. See Attachment B i. See the special instructions with the criteria and measures description for each modal category. Make sure the project description addresses all special instructions and any other necessary attachment Is completed. Attachment 3 shows the specific.alignment:for Phase I construction. Alignment for Phase 11 will be identified in the PE phase.. j. Review the public involvement checklist(Attachment G)and answer items 1 through 10 for all candidate projects that are not a part of the RTP financially constrained system or answer item 10 for all candidate projects that are a part of the RTP financially constrained system. See Attachment G `Oc,jo,v Mepartment of Land Use &Transportation Date: March 27, 2006 C% Capital Capital Project Management Division 1400 SW Walnut Street MS 18Re; Contract Transmittal Hillsboro, OR 97123—5625 NOW' Ph.503-846-7800 Fax.503=846-7810 To: City of Tigard Attn.: Gus Duenas, City Engineer. 13125 SW Hall Blvd. Tigard, OR 97223 LETTER OF TRANSMITTAL Project No.: 2569 � � � 11 From: Darrell L. Henry, Administj`ta�ive Assistant Washington Square Regional Center Project Greenbelt Trail :Project Phone:(503)846-7808 Name& Email:darrell_henry@co.washington.or.us Location: Attached: Plans CopyOther: Prints Plat/Survey x Documents Copy of letter Item Dated Copies Description 1 3-27-06 1 IGA BCC 06-0204 2 3 These are transmitted as checked below: For approval X Approved as submitted For processing For our use Approved as noted For review/comment As requested Returned for corrections Remarks: A fully executed copy of the Washington Square Regional Center Greenbelt Trail Intergovernmental Agreement is enclosed for your use and records. Signed: Darrell L. Henry,Administrative Assist HADARRELL'STorms\Transmittal-Darrell Henry.doc