Resolution No. 08-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08- ) )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH TRIMET TO SHARE IN
THE COST OF THE TRAFFIC SIGNAL INSTALLATION AT BONITA ROAD AND 7471-I
AVENUE TO BE PERFORMED AS PART OF THE RAILROAD CROSSING
IMPROVEMENTS FOR THE WASHINGTON COUNTY COMMUTER RAIL PROJECT.
WHEREAS, TrilbMet's final design for the railroad crossing improvements at Bonita Road included a
raised concrete median to prohibit left-turning movements into and out of 74th Avenue; and
WHEREAS, eliminating those turning movements would adversely impact many businesses along
7411'Avenue,which use the Bonita Road/74t11 Avenue intersection as the primary access to that
street; and
WHEREAS,TriMet, the City and ODOT (Oregon Department of Transportation) have explored
alternative designs in an effort to eliminate the raised concrete median;and
WHEREAS, the consensus of the three parties is that installation of a traffic signal system integrated
into die railroad crossing improvements at Bonita Road and 74,h Avenue will allow for safe,
controlled left-turning movements and meet the safety goals achieved by the raised concrete median;
and
WHEREAS, the installation of the traffic signal system will result in additional costs to the
Commuter Rail Project; and
WHEREAS, the City has agreed to share in the cost of the signalization in the amount of$50,000
and that TriMet has agreed that no additional costs beyond the amount of$50,000 will be charged
to the City, regardless of the actual cost of the work; and
WHEREAS, the City and TriMet have agreed to execute an IGA (Intergovernmental Agreement) to
establish the obligations for each in the installation of the traffic signal improvements and to allow
the City to pay its share of the costs for those improvements.
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The IGA attached as Exhibit A to this Resolution is hereby approved.
SECTION 2: The City Manager is authorized to sign all agreement documents and to pay TriMet
the City's cost share for the signalization improvements.
SECTION 3: This resolution is effective immediately upon passage.
RESOLUTION NO. 08- I 1
Page 1
PASSED:This day of h�cut , 2008.
Mayof-Cityrof Tigard
ATTEST:
City Recorder- City of Tigard
0--np\pusVesoluticnril-25-OB rasolulfan approving an!go with Mmel for sgnalization of honiln mad of 74th avenue ms.Uoc
RESOLUTION NO. 08- 1
Page 2
Exhibit A
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF TIGARD AND TRIMET
FOR TRAFFIC SIGNAL IMPROVEMENT COST SHARE RELATED TO THE
WASHINGTON COUNTY COMMUTER RAIL PROJECT
This Intergovernmental Agreement ("Agreement") is made and entered into by and
between the City of Tigard, a political subdivision of the State of Oregon ("City") and the
Tri-County Metropolitan Transportation District of Oregon, a mass transit district organized
under the laws of the state of Oregon ("TriMet") (collectively referred to herein as "the
Parties"), as of the date the last party executes this Agreement.
RECITALS
A. TriMet is in the process of designing and constructing the Washington County
Commuter Rail Project ("Project"), which has been in the planning stages since 1996, when
Washington County, TriMet, the Oregon Department of Transportation, Metro, and the Cities
of Beaverton, Wilsonville, Tigard and Tualatin began studying the feasibility of a commuter
rail line in a branch rail corridor that parallels 1-5 and Oregon Highway 217 between
Wilsonville and Beaverton.
B. TriMet's final design for the Project included a raised concrete median at the
intersection of 70 Avenue and Bonita Road in Tigard. The raised concrete median will
prohibit vehicles from making a left turn from northbound 74`h Avenue to westbound Bonita
Road, and will prohibit vehicles from making a left turn movement from westbound Bonita
Road to southbound 74th Avenue. The raised concrete median was required as an element of
final design by the Oregon Department of Transportation("ODOT").
C. Traffic studies demonstrate that eliminating these left turn movements would
adversely impact many businesses by diverting approximately 750 vehicles per day that
currently use the 74'h/Bonita intersection to access businesses located on V Avenue.
D. TriMet, ODOT and the City have explored alternative designs in an effort to
avoid installation of the raised concrete median. As a result of this effort, TriMet, ODOT and
the City have agreed to revise the Project's final design to eliminate the raised concrete
median and install instead a traffic signal and pre-signal at Bonita Road and 74`h Avenue.
TriMet, ODOT and the City are satisfied that the alternative design will accomplish their
safety goals at least as well as the raised concrete median would have.
E. TriMet and the City have the authority to enter into intergovernmental
agreements under ORS Chapter 190.
F. The City recognizes that installation of the traffic signal and pre-signal is outside
the scope of the Project in that it is a replacement of the approved Project final design with a
new, different design. As a result, the City has agreed to reimburse TriMet for a portion of
its increased Project costs in accordance with the terns and conditions set forth below.
Page 1 - INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TRIMET FOR
TRAFFIC SIGNAL IMPROVEMENT COST SHARE RELATED TO THE WASHINGTON
COUNTY COMMUTER RAIL PROJECT
NOW THEREFORE, the premises being in general as stated in the foregoing recitals,
it is agreed by and between the Parties as follows:
AGREEMENT
1. TriMet Obligations. TriMet shall cause its contractor to perform the work
necessary to install the traffic signal and pre-signal at the intersection of 70 Avenue and
Bonita Road in Tigard, as shown on the drawing attached as Exhibit A.
2. City Obligations. The City shall contribute to TriMet's costs in performing the
signalization work, in the amount of Fifty Thousand Dollars ($50,000). No additional costs
beyond this amount will be charged to the City,regardless of the actual cost of the work. The
City's payment in full shall be made to TriMet within thirty (30) days of receipt of TriMet's
invoice,which is expected to be submitted to the City before June 30,2008.
3. General Provisions:
a. Relationship of the Parties. Each of the Parties hereto shall be deemed an
independent contractor for purposes of this Agreement. No representative, agent, employee
or contractor of one Party shall be deemed to be an employee, agent or contractor of the other
party for any purpose, except to the extent specifically provided herein. Nothing herein is
intended, nor shall it be construed, to create between the Parties any relationship of principal
and agent, partnership, joint venture or any similar relationship, and each party hereby
specifically disclaims any such relationship.
b. Indemnification. Within the limits of the Oregon Constitution and the
Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the Parties shall
hold harmless, indemnify and defend the other and its officers, employees and agents from
and against all claims, demands, penalties, and causes of action of any kind or character
relating to or arising from this Agreement (including the cost of defense thereof, including
attorney fees) in favor of any person on account of personal injury, death, damage to
property, or violation of law, which arises out of, or results from, the negligent acts or
omissions of the indemnitor, its officers, employees, or agents.
c. Compliance with Laws. The Parties shall comply with all federal, state and
local laws, regulations, executive orders and ordinances applicable to the work under this
Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515,
279C.520, 279C.530, which hereby are incorporated by reference. Without limiting the
generality of the foregoing, the Parties expressly agree to comply with: (i) Title VI of Civil
Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules
established pursuant to the foregoing laws; and (v) all other applicable requirements of
federal and state civil rights and rehabilitation statutes,rules and regulations.
d. Entire Agreement; Modification; Waiver. This Agreement and attached
exhibit constitute the entire Agreement between the Parties on the subject matter hereof, and
supersede all prior or contemporaneous written or oral understandings, representations or
Page 2 - INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TRIMET FOR
TRAFFIC SIGNAL IMPROVEMENT COST SHARE RELATED TO THE WASHINGTON
COUNTY COMMUTER RAIL PROJECT
communications of every kind. There are no understandings, agreements, or representations,
oral or written,not specified herein regarding this Agreement. No course of dealing between
the Parties and no usage of trade will be relevant to supplement any term used in this
Agreement. No waiver, consent, modification or change of terms of this Agreement shall
bind the Parties unless in writing and signed by all Parties. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance and for the
specific purpose given. The failure of a parry to enforce any provision of this Agreement
shall not constitute a waiver by a party of that or any other provision.
e. No Third-Party Beneficiary. Except as set forth herein, this Agreement is
between the Parties and creates no third-party beneficiaries. Nothing in this Agreement gives
or shall be construed to give or provide any benefit, direct, indirect or otherwise to any third
parties unless such third party is expressly described as an intended beneficiary under this
Agreement.
f. Effective and Termination Dates. This Agreement shall be effective on the
date the last party executes the Agreement, and shall remain in effect until the completion of
all obligations created by this Agreement.
g. Early Termination of Agreement.
i. The Parties, by mutual written agreement, may terminate this Agreement at
any time.
ii. Either party may terminate this Agreement in the event of a breach of the
Agreement by the other party. Prior to such termination, however, the party seeking the
termination shall give the other party written notice of the breach and of the party's intent to
terminate. If the breaching party has not entirely cured the breach within thirty(30)days of the
notice, then the party giving the notice may terminate the Agreement at any time thereafter by
giving a written notice of termination.
h. Remedies. The remedies provided under this Agreement shall not be
exclusive. The Parties also shall be entitled to any other equitable and legal remedies that are
available.
i. Oregon Law,Dispute Resolution and Forum.
i. This Agreement shall be construed according to the laws of the State
of Oregon.
ii. The Parties shall negotiate in good faith to resolve any dispute arising
out of this Agreement. If the Parties are unable to resolve any dispute within fourteen (14)
calendar days,the Parties are free to pursue any legal remedies that may be available.
iii. Any litigation between the Parties arising under this Agreement or out
of work performed under this Agreement shall occur, if in the state courts, in the Multnomah
Page 3 - INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TRIMET FOR
TRAFFIC SIGNAL IMPROVEMENT COST SHARE RELATED TO THE WASHINGTON
COUNTY COMMUTER RAIL PROJECT
County Circuit Court, and if in the federal courts, in the United States District Court for the
District of Oregon located in Portland,Oregon.
j. Subcontracting. City acknowledges that TriMet may intend to contract or
subcontract its work under this Agreement, in whole or in part. City agrees to TniMet's
contracting or subcontracting and no specific approval of any of TriMet's contractors or
subcontractors is required. TriMet shall require any contractor or subcontractor to agree, as
to the portion contracted or subcontracted, to fulfill all applicable obligations of TriMet as
specified in this Agreement.
k. Severability/Survivability. If any provision of this Agreement is found to be
illegal or unenforceable,this Agreement nevertheless shall remain in full force and effect and
the provision shall be stricken. All provisions concerning indemnity survive the termination
of this Agreement for any cause.
1. Interpretation of Agreement. This Agreement shall not be construed for or
against either Party by reason of the authorship or alleged authorship of any provision. The
Section headings contained in this Agreement are for ease of reference only and shall not be
used in constructing or interpreting this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective the
date first noted herein.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON /
By:
Nam
Neil McFarlane,Executive Director Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
a�"—
Tamara H. Lewis C; M✓�-
Deputy General Counsel
Page d - INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TRIMET FOR
TRAFFIC SIGNAL IMPROVEMENT COST SHARE RELATED TO THE WASHINGTON
COUNTY COMMUTER RAIL PROJECT
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Exhibit A
Page 1 of 2
RAIL ROAD PREEMPTION MATRIX RAIL ROAD PREEMPTION PLAN
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Exhibit A
Page 2 of 2