Tualatin, Durham - Tualatin River Bicycle/Pedestrian Bridge INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF TUALATIN, THE CITY OF TIGARD, AND THE CITY OF
DURHAM
This intergovernmental agreement, ("Agreement") is entered into on the last date
shown on the signature page by City of Tualatin, ("Tualatin"), City of Tigard,
("Tigard"), and City of Durham, ("Durham"), all political subdivisions of the State
of Oregon; and
RECITALS
1. ORS 190.007 provides for the furthering of economy and efficiency in local
government by intergovernmental cooperation.
2. ORS 190.010 provides that units of government,may enter agreements for
performance of any and all functions and activities that parties to the
agreement, its officers or agencies have authority,to perform.
3. The parties desire to enter into this Agreement for the purpose of allowing
better coordination and cost-sharing between Tualatin, Tigard and
Durham in response to the imminent development of the Tualatin River
Bicycle and Pedestrian Bridge, ("Project').
4. Tualatin, Tigard and Durham will all benefit from coordinating the planning,
engineering, and permit review for the development of the project.
5. All parties want the project to be constructed. The project is being partially
funded in cooperation with ODOT through the award of$990,000 in
Transportation Enhancement Funding.
6. All parties wish to share the cost of the Transportation Enhancement
Program required match of$400,000 for the project. The total project
budget is $1,390,000.
7. All parties believe that it is in the best interests of Tualatin, Tigard and
Durham to coordinate the cost of the long-term maintenance of the
Tualatin River Bicycle and Pedestrian Bridge.
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THE CITIES OF TUALATIN, TIGARD AND DURHAM AGREE AS FOLLOWS:
I. AREA AFFECTED BY THIS AGREEMENT
The area affected by this Agreement is Tualatin River Bicycle and
Pedestrian Bridge, and connecting pathways as shown in Exhibit 1, which
is attached.and incorporated into this agreement, and any additional public
land that may become part of the project area.
II. DELEGATION OF AUTHORITY
Tigard and Durham delegate to Tualatin the authority to review, approve,
and hear appeals, if any, for all design, bidding, permitting and
construction management for that portion of the Tualatin River Bicycle and
Pedestrian.Bridge Project that lie within the cities of Tigard and Durham.
Tualatin shall apply Tigard code to property located in Tigard, and Durham
code to property located in Durham.
III. SHARING OF MATCH COSTS
Tualatin, Tigard and Durham agree that the cost of the match for the
Tualatin River Bicycle and Pedestrian Bridge Project shall be apportioned
as follows:
Tualatin: $160,000 40
Tigard: $230,000 57.5
Durham: $10,000 2.5
Total Match: $400,000
If the project costs exceed the amounts listed above, those costs shall be
shared in the same percentage as the match outlined above.
IV. SHARING OF MAINTENANCE COSTS
Tualatin, Tigard and Durham agree that the cost of maintenance of the
Tualatin River Bicycle and Pedestrian Bridge should be shared between
the three cities. The cities agree that once the ultimate design of the
Tualatin River Bicycle and Pedestrian Bridge has been confirmed, and
associated maintenance costs for the bridge structure are established, the
maintenance cost associated with that design shall be apportioned in the
same percentage as the project match. The sharing of maintenance costs
shall apply only to the bridge structure itself. Tualatin will be the lead
agency in carrying out regularly scheduled maintenance activities on the
bridge. The respective managers for the three cities shall coordinate the
dispersal of maintenance funds when appropriate.
V. DISPUTE RESOLUTION
If a dispute arises over the provisions of this Agreement, the City staff for
each entity will immediately refer the dispute to the respective managers
to resolve the dispute.
VI. NOTICE OF APPLICATIONS, DECISIONS and APPEALS
Tualatin shall give notice to Tigard and Durham of all land use
applications, hearings, decisions, building permits, and any appeals of
those decisions made under the authority of this Agreement. Tualatin
shall have the authority to defend any claims or appeals rising from
permits issued under this Agreement. Tigard and Durham may comment
on, participate in, and intervene in any appeal of such decision.
VII. TERM OF AGREEMENT
This Agreement shall be effective upon signature and shall remain in
effect for a period of three (3) years after final acceptance of the Tualatin
River Bicycle and Pedestrian Bridge. The agreement may be extended for
subsequent three (3) year periods upon mutual agreement by all parties.
This Agreement may be terminated by any.party upon ninety (90) days
written notice to the other parties, and agreement by all parties that
termination is in the best interest of the three cities.
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.
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, and 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 attorney fees and costs)
arising from the indemnitor's performance of this Agreement where the
loss or claim is attributable to the negligent acts or omissions of that party.
X. MODIFICATION
Modifications to this Agreement are valid only if made in writing and
signed by all parties. This writing is intended to be the final expression of
the agreement between the parties with respect to the included terms 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 below their signatures.
CITY OOFTIN, OREGON CITY OF TIGARD, OREGON
a
By: By:
.Lou Ogden, Mayor Craig birlZien, Mayor
City of Tualatin City of Tigard
Date:February 9, 2004 Date: a-1•L)L4
Approved as to Form: Approved as to Form:
V
City Attorney City Att ney
CITY OF DURHAM, OREGON
By:
Gery Shirado, Mayor
City of Durham
Date:
Approved as to Form:
City Attorney
Exhibit 1
LocationNicinity Map
Tualatin River Bicycle and Pedestrian Bridge
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