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City Of Beaverton, Clean Water Services, Tualatin Hills Parks And Recreation District And Washington County ~ IG200001 ~ Fanno Creek Trail Scholls Ferry At-Grade Crossing Study INTERGOVERNMENTAL AGREEMENT FANNO CREEK TRAIL SCHOLLS FERRY AT-GRADE CROSSING STUDY Pursuant to ORS 190.010,this intergovernmental agreement (Agreement) is entered into by and between the City of Beaverton (Beaverton),the City of Tigard (Tigard), Clean Water Services(CWS), Tualatin Hills Parks and Recreation District (THPRD), and Washington County(County), each individually referred to as a Party and jointly referred to as Parties. Recitals 1. Fanno Creek Trail (FCT) is a regional trail of which all Parties have an interest in promoting the efficient use. 2. Fanno Creek frequently floods the FCT under-crossing of Scholls Ferry Road, a roadway under the authority of Washington County, barring trail users who must then traverse through the flooded area or take a detour to cross Scholls Ferry Road. Trail users crossing Scholls Ferry Road in illegal locations create concerns for the safety of the trail users and the traveling public. 3. The Parties wish to cooperate to study options for trail users to bypass the flooded section of the FCT at a new, at-grade crossing of Scholls Ferry Road. It is noted that other portions of the FCT flood in the vicinity;this Agreement is specific to the flooding underneath Scholls Ferry Road only. Agreement Now therefore,the Parties agree as follows: A. Tigard Responsibilities. Tigard will: 1. Select and contract with an engineering consultant to evaluate alternatives for an at- grade crossing to bypass the frequently flooded portion of the FCT at Scholls Ferry Road. The study will produce concept-level data that identifies a preferred alternative and sufficient information to use as supporting documentation in seeking grant funding for the final design and construction of the preferred option. 2. Manage the performance of the contract on behalf of the Partner Agencies. 3. Invoice the Partner Agencies for actual costs incurred by the engineering consultant upon completion of the study work as provided by Section C. Costs. B. Partner Agency Responsibilities. Beaverton, County, CWS, and THPRD, collectively the Partner Agencies,will: 1. Actively participate in the consultant's process, including attending project meetings, as well as reviewing and responding to emails and studying related documentation, such as drawings or narratives. 2. Coordinate on public outreach, including participating in a public meeting at the end of the study to share results with the community. 3. Within 30 days of the date of invoice, reimburse Tigard for the actual cost share of each Party incurred by the engineering consultant as provided by Section C. Costs. C. Costs. 1. Each Party will be solely responsible for its internal and staff costs associated with this Agreement. 2. Parties will equally split the actual costs of the engineering consultant.The total costs are estimated at$75,000 total, with each Party's cost share an estimated $15,000. If at any time the total cost is likely to exceed $75,000,Tigard will consult with the Partner Agencies to determine if the work should be rescoped or how additional costs will be allocated. In no event will any Partner Agency be obligated to pay a cost share exceeding$15,000 unless agreed to in writing. D. Term of Agreement. This Agreement is effective July 1, 2019 and will continue until the work described in Sections A and B is completed and the costs stated in Section C have been paid, unless otherwise amended or terminated in writing by the Parties. E. Dispute Resolution.The Parties will 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.The Parties agree that in the event of an impasse in the resolution of any dispute,the issue will be submitted to the executive offices of the disputing parties for recommendation or resolution. If resolution cannot be reached, a neutral third party may be used, if the Parties agree,to facilitate these negotiations. F. Modification of Agreement. No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by all Parties. G. Termination. This Agreement may be terminated,with or without cause and at any time, by a Party providing 30 days' written notice of intent to the other Parties. In the event of termination,the Parties agree to work in good faith to complete the obligations arising from this Agreement, including paying actual costs incurred by Tigard up to the date of termination. H. Independent Contractor. Each Party is an independent contractor with regard to the other Parties. No Party is an agent or employee of any other. I. Insurance. Each Party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.269 through 30.274. J. Compliance with Law. Each Party agrees to comply with all applicable local, state, and federal ordinances, statutes, laws, and regulations. K. Counterparts. This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts, any one of which shall constitute an agreement between and among the Parties. [Signature Page to Follow] CITY OF/TI�GAA,RRD CITY OF BEAVERTON Signed'--- ~ ' %j�� f 2- ,,/ Q,—' Signed: Name: Mdy/�1(1 Name: Its: 4e, Its: _ J Date: 7 / S TiU Date: Approved as to Form Approved as to Form By: L"' City Attorney City Attorney TUALATIN HILLS PARKS& RECREATION DISTRICT CLEAN WATER SERVICES Signed: Signed: Name: Name: Its: Its: Date: Date: Approved as to Form Approved as to Form By: By: District Counsel District Counsel WASHINGTON COUNTY Signed: Name: Its: Date: Approved as to Form By: County Counsel CITY OF TIGARD CITY OF BEAVER ON Signed : Signed : Name : Name : h ki \ Its : Its : / 1 Gc \Z () ✓ Date : Date : j Approved as to Form Approved as to Form By : By : � C L City Attorney City Attorney TUALATIN HILLS PARKS & RECREATION DISTRICT CLEAN WATER SERVICES Signed : Signed : Name : Name : Its : Its : Date : Date : Approved as to Form Approved as to Form By : By : District Counsel District Counsel WASHINGTON COUNTY Signed : Name : f Its : Date : Approved as to Form By : County Counsel CITY OF TIGARD CITY OF BEAVERTON Signed : Signed : Name : Name : Its : Its : Date : Date : Approved as to Form Approved as to Form By: By: City Attorney City Attorney TUALATIN K & C EA ION STRICT CLEAN WATER SERVICES Sig Signed : Name .• 7 U-0 Name : Its : O oy Palla , ems/ Its : Date : 711141 l R Date : Ap ve a Form Approved as to Form By: By : istrict Cou el District Counsel WASHINGTON COUNTY Signed : Name : Its : Date : Approved as to Form By : County Counsel CITY OF TIGARD CITY OF BEAVERTON Signed : Signed : Name : Name : Its : Its : Date : Date : Approved as to Form Approved as to Form By : By : City Attorney City Attorney TUALATIN HILLS PARKS & RECREATION DISTRICT CLEAN WATER SERVICES Signed : Signed : 6v\, k, CX Djaw !! i-De�nWs Name : Name : Its : Its : Chief Executive Officer Date : Date : /ZZ / ( Approved as to Form Approved as to Form By : By : District Counsel District Counsel WASHINGTON COUNTY Signed : Name : Its : Date : Approved as to Form By : County Counsel CITY OF TIGARD CITY OF BEAVERTON Signed: Signed: Name: Name: Its: Its: Date: Date: Approved as to Form Approved as to Form By: By: City Attorney City Attorney TUALATIN HILLS PARKS& RECREATION DISTRICT CLEAN WATER SERVICES Signed: Signed: Name: Name: Its: Its: Date: Date: Approved as to Form Approved as to Form By: By: District Counsel District Counsel WASHINGTON COUNTY Signed: Name: Pw+%i 03ur.4 Its: DGo�Fa Go�h�y Ad�►:..;sfrpfor Date: Approved as to Form By: J, -1 County Counsel