Metro ~ IG126001 ~ Regional Trails Intertwine Signage I G 126001
(0 Metro
600 NE Grand Ave:
Portland,OR 97232-2736
Amendment 503-797-1700
AMENDMENT NO.01
CONTRACT NO.931793
This Amendment hereby amends the above titled 'contract between Metro, a metropolitan service district
organized under the law of the State of Oregon and the Metro Charter, and the City of Tigard, hereinafter referred
to as the"City.
This amendment is a change order to the original Scope of Work as follows:
Work was not completed within the original expiration date.
The contract expiration date is extended from December 315',2014 to December 315', 2016.
Except for the above, all other conditions and covenants remain in full force and effect.
IN WITNESS TO THE ABOVE, the following duly authorized representatives of the parties referenced have executed this
Amendment.
CITY METRO
By � n _ By_ C
Print Name YVA — jtNv Print Name
Date 0 Date 1/ ;
Page 1 of 1
Revised March 2015':
Agreement No.
INTERGOVERNMENTAL AGREEMENT
Metro Regional Trails:Intertwine Signage
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into
by and between Metro ("Metro") and the City of Tigard (the "City") effective as of the last
date of signature indicated below.
RECITALS
1. Metro has received Surface Transportation Program funds for the design, fabrication
and installation of wayfinding signs along three regional trails in the Portland
Metropolitan area (the "Project'), and the City desires for Metro to install some of
these wayfinding signs along the Fanno Creek Trail right of way located within the City
(the "Trail').
2. By the authority granted in Oregon Revised Statutes (ORS) 190.010, local
government agencies may enter into cooperative agreements with units of local
government for the performance of work on certain types of improvement projects
with the allocation of costs on terms and conditions mutually agreeable to the
contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
1. The City hereby grants Metro and its contractors the right to enter onto and occupy
Trail right of way for the installation of signage along the Trail. Before Metro installs
a sign, the City and Metro will agree on the type of sign and the place where the sign
will be installed on the Trail. This right of entry shall continue for so long as
necessary for Metro to complete installation of the signage, and shall terminate upon
completion of the installation, or by December 31St, 2014, whichever is sooner.
2. The City shall, at its own expense, maintain and operate the Project signs on the
Trail right of way upon completion of the Project and throughout the useful life of the
Project signs. Said maintenance shall be at a minimum level that is consistent with
normal depreciation and/or service demand. Parties agree that the useful life of the
Project signs is defined as twenty (20) years. The State of Oregon (the "State") may
conduct periodic inspections during the life of the Project signs to verify that Project
signs are properly maintained and continue to serve the purpose for which federal
funds were provided. If the State determines that additional maintenance is
necessary, the City agrees to perform such maintenance. Maintenance
responsibilities shall survive any termination of this Agreement.
3. The City acknowledges and agrees that Metro shall have no liability for the quality or
accuracy of the signage, and hereby releases Metro for any damages or loss of any
kind, including without limitation, direct, indirect, special, consequential, or punitive
damages arising out of the use or installation of the signage, or related in any way to
the information contained therein.
4. The City shall identify and grant Metro and its contractors all the required permits for
the Project. If required, permit fees will be borne by Metro as a Project expense.
Hazardous materials, archeological, and environmental investigations will also be
borne by Metro as a Project expense.
5. Metro's Project Manager for this Project is Robert Spurlock, 600 EVE Grand Avenue,
Portland, OR 97232, 503-813-7560, robert.spurlocka@oregonmetro.gov, or assigned
designee upon individual's absence. Metro shall notify the other party in writing of
any contact information changes during the term of this Agreement.
6. This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together will constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Agreement so executed will constitute an original.
7. This Agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement will bind either
party unless in writing and signed by all parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, will be
effective only in the specific instance and for the specific purpose given.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
METRO 1 . CITY OF TI AR® %
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By
®ate ' Date
Agreement No. ® 2