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City Council Packet - 03/15/2022 114 II City of Tigard - Tiaarc1 Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING MEETING DATE AND TIME: March 15,2022-6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only.See PUBLIC NOTICE below. PUBLIC NOTICE:In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely.There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCI&LOCAL CONTRACT REVIEW BOARD MEETING MEETING DATE AND TIME: March 15,2022-6:30 p.m.Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS AND RECOGNITION A. PROCLAIM APRIL 18-22,2022 AS NATIONAL COMMUNITY DEVELOPMENT WEEK 6:35 p.m. estimated time 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 4. PROPERTY TAX EXEMPTION RESOLUTION 6:45 p.m.estimated time 5. LOCAL CONTRACT REVIEW BOARD-AMENDMENT NO.01 TO RIGHT-OF-WAY SERVICES AGREEMENT NO.34320 WITH ODOT FOR FANNO CREEK TRAIL CONNECTIONS.PROJECT 6:55 p.m. estimated time 6. PARKS AND RECREATION SYSTEM IMPLEMENTATION PLAN 7:05 p.m.estimated time 7. RESOLUTION TO REPEAL THE CITY'S COVID-19 EMERGENCY DECLARATION 7:50 p.m. estimated time 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT 10. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss discipline of a public officer,employee or staff member under ORS 192.660(2)(b).All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.8:10 p.m.estimated time 11. ADJOURNMENT 8:40 p.m.estimated time AIS-4878 2.A. Business Meeting Meeting Date: 03/15/2022 Length (in minutes): 5 Minutes Agenda Title: Proclaim April 18-April 22,2022 as National Community Development Week Authored By: Joanne Bengtson Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE National Community Development Week In Washington County,honors the success of CDBG and HOME programs throughout the County and acknowledges the important role they play in providing affordable housing,vitally needed public services to economically,mentally,or physically disadvantaged residents,home rehabilitation,construction/renovation of community centers and sheltered workshops and completion of city-owned infrastructure projects that improve neighborhoods throughout the city(major sewer,drainage and street projects). ACTION REQUESTED Jennie H. Proctor,Program Manager with the Washington County Office of Community Development,has asked the city to issue a proclamation in support of Community Development Block Grant and HOME programs by April 1, 2022 for inclusion in material going to federal legislators. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The City of Tigard has participated in the Community Development Block Grant and HOME programs since 1979. With almost$4.5M in funding recieved,we've been able to address much needed improvements throughout the city and currently Councilor Newton serves as Tigard's representative to the Policy Advisory Board. A list of projects made possible by CDBG and HOME programming is attached. ALTERNATIVES & RECOMMENDATION Council could issue the proclamation,continuing Tigard's suppport for this program or Council could decline to issue the proclamation. ADDITIONAL RESOURCES A list of Tigard's projects completed with funding from these programs is attached. Attachments CDBG Project List-Tigard National Community Development Week Project list by sponsor 17-Feb-22 SPONSOR: City of Tigard PROJECT NAME: Tigard Senior Center YEAR: 1979- 1980 PROJECT DESCRIPTION: Property acquisition,design, and construction of a senior center to serve the cities of Tigard,and King City and the surrounding unincorporated area. PROJECT NAME: Tigard,Architectural Barrier Removal and Sidewalk Improvements YEAR: 1981 PROJECT DESCRIPTION: Fund the construction of sidewalks, 88 curb cuts,and the installation of street lights. PROJECT NAME: Tigard Downtown Revitalization YEAR: 1981 PROJECT DESCRIPTION: Study the housing and transportation needs of low-to-mod income residents of Tigard. Study included: general transportation circulation, parking,building conditions,and civic center feasibility. PROJECT NAME: Tigard,Fanno Creek Park Improvements YEAR: 1983 PROJECT DESCRIPTION: Development of a park along Fanno Creek that runs through the City's downtown area. PROJECT NAME: Tigard Senior Center YEAR: 1988 PROJECT DESCRIPTION: Construct entry vestibule, stairs,and elevator,portico,craft store, administrative office space,kitchen supply room,exterior maintenance room and installation of improved heating and ventilation system. 1 PROJECT NAME: Tigard/Metzger Walkways YEAR: 1990 PROJECT DESCRIPTION: Construction of sidewalks including grading, culverts,paving and extruded curbs along some sections. PROJECT NAME: Tigard,Englewood Park YEAR: 1991 PROJECT DESCRIPTION: Improve the accessibility of the park to the mobility impaired by providing curb cuts at park entrance and/or removal of architectural barriers. PROJECT NAME: Tigard,Cook Park YEAR: 1991 PROJECT DESCRIPTION: Improve the accessibility of Cook Park to the disabled through physical improvements or remodeling of architectural barriers. PROJECT NAME: Tigard,Grant Avenue Sidewalk Improvements YEAR: 1994 PROJECT DESCRIPTION: Widen and improve S.W. Grant Avenue between Tigard Elementary and Johnson Street. Related construction activities include sidewalks,curbs, and gutters. PROJECT NAME: Tigard Senior Center YEAR: 1996 PROJECT DESCRIPTION: Exterior improvements to the Tigard Senior Center including: paving over uneven gravel based portions of driveways and parking area; and create raised flower beds and vegetable gardens to be tended by elderly and disabled persons. 2 PROJECT NAME: Tigard,91st Avenue Sidewalk Improvement YEAR: 1997 PROJECT DESCRIPTION: Improve the roadway along 91st Avenue,between Lincoln Street and Greenburg Road,to alleviate safety concerns. PROJECT NAME: Tigard,Lincoln Pedestrian Improvements YEAR: 1999 PROJECT DESCRIPTION: Constructed sidewalks,curbs,and storm drainage on Lincoln Street between Greenburg Road and Commercial Street. PROJECT NAME: Tigard,Thorn Street Storm Drainage YEAR: 1999 PROJECT DESCRIPTION: Improve storm drainage along Thorn Street between 80th and 82nd Avenue. Project will improve vehicular and pedestrian safety in an area subject to chronic flooding. PROJECT NAME: Tigard,Lincoln and 92nd Avenues Sidewalk Improvements(Phase II). YEAR: 2000 PROJECT DESCRIPTION: Construct sidewalks,curbs and storm drainage to that portion of the street that is substandard,lacks curbs,and storm drainage. PROJECT NAME: Tigard,Bonita Park YEAR: 2002 PROJECT DESCRIPTION: Construct and equip a neighborhood park. Improvements will include a playstructure,seating and picnic areas,open lawn area,and a hard surface basketball court. Proposed landscaping includes the lawn seeding and tree plantings to provide shade for park users. The proposed project also includes a marked crosswalk and traffic light,which will provide safe access to the park by the tenants of the four adjacent apartment complexes. 3 PROJECT NAME: Tigard,Hall Street Sidewalk Improvements YEAR: 2003 PROJECT DESCRIPTION: Constructed 12,256 square feet of five-foot sidewalks and 1,532 lineal feet of curb on Hall between Highway 99W and Spruce Street(north of the 217 overpass). The construction activities took place so as to fill in gaps where sidewalks did not exist in order to improve safety for pedestrians walking to the transit options and retail areas on Highway 99W. PROJECT NAME: City of Tigard,Hall Blvd. Sidewalk Improvements,Phase II YEAR: 2005 PROJECT DESCRIPTION: CDBG funds were used to pay for a portion of the sidewalk construction costs on Hall Blvd. Improvements included: Sidewalks: 3,835 square feet;Curbs: 900 lineal feet;Retaining Wall:400 blocks;Wheelchair Ramp: 1 ramp;and Driveway Apron:1,570 square feet PROJECT NAME: Tigard Senior Center Remodel YEAR: 2007 PROJECT DESCRIPTION: Remodel the 25 year old Tigard Senior Center. Work items included: remodeled the kitchen area and install modern,commercial grade,and properly-vented equipment;upgraded th pantry area refrigerator and freezer; separated the Meals on Wheels preparation area from the dining area;replaced the two side-by-side Meals on Wheels and delivery truck loading dock areas with a reconfigured,one-level,concrete platform; upgraded the two upstairs restrooms with new fixtures and open-door style entrances so that they will be in compliance with current ADA standards; upgraded upstairs lighting fixtures and electrical and phone wiring thoughout the existing structure and expanded facility;constructed a 619- square foot library and lecture room;undertook seismic upgrades to the building; widened the front sidewalk and extend it by 90-feet to the loading dock area; and replaced upstairs floor coverings and paint portions of the building; 4 PROJECT NAME: Tigard Senior Center Remodel,Phase II YEAR: 2008 PROJECT DESCRIPTION: Since its opening 26 years ago the Tigard Senior Center has seen tremendous growth and usage. As a result of this usage,the building iwas in disrepair and ill suited to meet the varied needs of the seniors who depend on the facility. The City applied the CDBG funds toward an addition of a 619 sq.ft. garden room(an in-door,year-round area which allows seniors to engage in gardening activities and conduct classes), associated site improvements,and a rooftop deck. PROJECT NAME: Tigard,Garrett Street Sidewalks YEAR: 2009 PROJECT DESCRIPTION: Design and construct sidewalks and associated storm drainage facilities on one side of Garrett Street to current city standards. This section of the street contains many"gaps"along the street creating hazards for both pedestrians and drivers. CDBG funds will be applied to undertake design and engineering in front of one residence;and construct 795 lineal feet of new in-fill sidewalks and associated storm drainage facilities along the west-side of Garrett Street. PROJECT NAME: Tigard The Knoll Infrastructure Improvements YEAR: 2010 PROJECT DESCRIPTION: The City of Tigard will undertake the construction of 552 lineal feet of curbs, sidewalk,landscape,and drainage;as well as the installation of a traffic signal adjacent to the proposed 48-unit The Knoll senior housing development. The Knoll senior housing development is located in an older area of Tigard that was developed without sidewalks or storm sewers. In addition,as part of the development of the project,Oregon Department of Transportation(ODOT)is requiring on upgrade of the ODOT-owned traffic signal located adjacent to the housing project because the improvements were being required by the City's Comprehensive Code relative to the construction of The Knoll housing development. 5 PROJECT NAME: City of Tigard,Sidewalk In-fill-N Dakota& 95th Ave YEAR: 2014 PROJECT DESCRIPTION: Most of the streets in this portion of the neighborhood have adequate sidewalks;however,there are two key gaps at North Dakota St and 95th Ave's intersection with Greenburg Rd. Both streets are the main ways into and out of this neighborhood,yet they lack sidewalks right where pedestrian and traffic volumes are highest.Because this is such an important neighborhood connection,people need to walk along these streets to get to jobs,transit,school bus routes,basic services,and the rest of the community. This means they have to risk walking in the narrow travel lanes of a road used by over a thousand cars a day. The hill on 95th Avenue creates an even more dangerous path for cars and pedestrians to have to access in order to reach Greenburg Road.The project will construct 800 feet of`missing link' sidewalk along North Dakota St and 95th Ave connecting a large neighborhood's pedestrian traffic to Greenburg Rd. PROJECT NAME: Commercial St Sidewalk YEAR: 2016 PROJECT DESCRIPTION: The City of Tigard will make 500 lineal feet of improvements to the sidewalks along the north side of Commercial Street between Lincoln Street and 95th Avenue in Tigard. Completion of this project will close two key sidewalk gaps directly next to transit service in a 54.91%low/mod income neighborhood where pedestrian and traffic volumes are the highest. CDBG funds will be used for the professional design and engineering services as well as the construction costs associated with constructing approximately 500 lineal feet of sidewalk including four driveway crossings,two accessible curb ramps and associated work with drainage and excavation. CDBG funds will be used to pay for the professional design and engineering costs as well as the construction costs associated with constructing approximately about 500 lineal feet of sidewalk including four driveway crossings,two accessible curb ramps and associated work with drainage and excavation. 6 PROJECT NAME: Frewing Street Sidwalk Infi11 YEAR: 2019 PROJECT DESCRIPTION: This project will provide approximately 1,000 lineal feet of continuous sidewalk along the east side of SW Frewing Street between HWY 99W to the north and SW Ash Ave to the south. This section of Frewing Street currently includes no sidewalks along either side of the street. When cars park along the shoulder and/or pavement edge,pedestrians must walk around these obstacles and into the traffic lanes,which causes safety problems for pedestrians.The sidewalk will provide a waiting area for school children and parents,who must currently wait for the school bus on isolated sections of sidewalk and on the road. 7 r •1 / /_,,,' - r—r ' i' A ( ( f f ( n 1 (9 i ( i. ..1, ( ,,1 r1ga1 d ' National Community Development Week April 11 — 15, 2022 .; WHEREAS,the week of April 11 —15,2022 has been designated as National Community . Development Week by the National Community Development Association to celebrate the Community Development Block Grant(CDBG)Program and the Home Investment 7. Partnerships(HOME)Program;and r I WHEREAS,the CDBG Program provides annual funding and flexibility to local communities to provide decent, safe and sanitary housing, a suitable living environment ;'.! and economic opportunities to low-and moderate-income people; and WHEREAS,the HOME Investment Partnerships(HOME)Program provides funding to local communities to create decent,safe, affordable housing opportunities for low-income F persons. Nationally, over one million units of affordable housing have been completed 1 using HOME funds;and ' t. p' WHEREAS,over the programs'history,our community has received a total of$4,418,745 • Ate ; in CDBG funds. s " f ., NOW THEREFORE BE IT RESOLVED THAT the City of Tigard City Council does hereby proclaim the week of April 11 - 15,2022 as °-�' i NATIONAL COMMUNITY DEVELOPMENT WEEK in support of these two valuable programs that have made tremendous contributions to the . viability of the housing stock,infrastructure,public services,and economic vitality of our community. BE IT FURTHER RESOLVED,that the Tigard community urges Congress and President "..4,.;4;'), Biden's Administration to recognize the outstanding work being done locally and nationally til by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both programs in FY2023. Dated this 15th day of March,2022. t� � IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the qtr City of Tigard to be affixed. Jason B. Snider, Mayor �`i.' City of Tigard Attest: ',_: iiwili, Carol Krager, City Recorder tip 5 i. xF ^t JY .�YY J..,. l ^rl L • .p. , -1,- f .„., la 1 . or ,,i ,,...,r.:„.". ... ‘ .5 , ! .. S 4 t F . _,,, .,.. ,_ - . _ AIS-4873 4. Business Meeting Meeting Date: 03/15/2022 Length (in minutes): 10 Minutes Agenda Title: RESOLUTION PROPERTY TAX EXEMPTION RESOLUTION Authored By: Liz Lutz Item Type: Motion Requested Resolution Public Hearing No Legal Ad Required?: Publication Date: _.._ __..___ ..__ __ Information EXPLANATION OF ISSUE Consider exempting 14 low-income housing projects/properties owned and operated by Community Partners for Affordable Housing(CPAH),one property operated by Resident Resources,and seven properties operated by REACH Community Development from the City of Tigard's property taxation for 2022,which is allowable under Tigard Municipal Code 3.50. Community Partners for Affordable Housing owns and operates Greenburg Oaks,Village at Washington Square,The Knoll at Tigard,Red Rock Creek Commons,and a single family house at 9330 SW Tangela Court.Resident Resources owns and operates Hawthorne Villa in Tigard. Reach Community Development owns seven lots in Tigard and plans to develop them for low-income housing. ACTION REQUESTED The City Council is being asked to adopt the resolution to grant exemption from property tax payment under the Tigard Municipal Code 3.50 for the non-profit,low-income housing properties listed above. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This request comes to the City Council on an annual basis. Public Involvement Passage of this resolution will continue the city's work of providing financial relief for low-income housing development and those that own properties in development. Impacts (Community,Budget,Policies and Plans/Strategic Connection) There is a fiscal impact to the city.Attached is the loss of property tax revenue from passage of this resolution,which affects the city's General Fund. ALTERNATIVES&RECOMMENDATION Do not approve this resolution. ADDITIONAL RESOURCES Attachments Resolution Greenburg Oaks application Red Rock Creek application Knoll at Tigard application Tangela single family application Village at Washington Sq application Woodland Hearth application Hawthorne Villa-Resident Res application Reach Application CPAH CD Report Hawthorne Villa-Resident Res application Reach CD Report Fiscal Impact Graph CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR SIX NON-PROFIT LOW-INCOME HOUSING PROJECTS OWNED AND OPERATED BY COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH), ONE RESIDENT RESOURCES PROPERTY, AND SEVEN LOTS OPERATED BY REACH COMMUNITY DEVELOPMENT. WHEREAS,Tigard Municipal Code (TMC) section 3.50 provides procedures for application and consideration on non-profit corporation low-income housing project exemptions from property taxes;and WHEREAS,the TMC requires application for exemption be filed with the city by March 1;and WHEREAS, Community Partners for Affordable Housing is a qualified non-profit organization, filed a request dated February 17, 2022 for exemption from property taxes for six low-income housing projects, and meets all the applicable criteria for exemption in TMC 3.50,and WHEREAS, Resident Resources Oregon filed a request dated February 20, 2022 for one property exemption, and meets all the applicable criteria for exemption in TMC 3.50;and WHEREAS, REACH Community Development filed a request dated February 24, 2022 for seven property exemptions,and meets all the applicable criteria for exemption in TMC 3.50;and WHEREAS,upon review of the applications it was found granting the exemptions would be consistent with the applicable Tigard Municipal Code and also with the adopted city housing policies. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The applicants,Community Partners for Affordable Housing,REACH Community Development and Resident Resources Oregon qualified for the exemption set forth in Tigard Municipal Code Section 3.50. SECTION 2: The Finance and Information Services Director is directed to certify to the Assessor of Washington County that the thirteen properties that received exemption in the prior year: a. Village at Washington Square, 11157-11163 SW Hall Blvd.,Tigard b. Single-family house located at 9330 SW Tangela Court,Tigard c. Greenburg Oaks, 11875 SW 91St Avenue,Tigard d. The Knoll @ Tigard, 12291 SW Knoll Drive,Tigard e. Red Rock Creek Commons Apartments, 11090 SW 68th Parkway,Tigard f. Woodland Hearth Apartments, 11655 SW Pacific Hwy,Parcel III,Tigard g. Hawthorne Villas, 7705 SW Pfaffle,Tigard h. 11750 SW 69th Avenue,Tigard i. 11800 SW 69th Avenue,Tigard j. 6835 SW Clinton St.,Tigard RESOLUTION NO. 22- Page 1 k. 11955 SW 68th Avenue,Tigard 1. 11950 SW 69th Avenue,Tigard m. 11900 SW 69th Avenue,Tigard n. 6860 SW Clinton St.,Tigard SECTION 3: The Finance and Information Services Director is informing the Assessor of Washington County that the City of Tigard has not dropped exemption of property taxes for any properties that received exemption in the prior year: SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.22- Page 2 City of Tigard Application for Tax Abatement February 17,2022 Greenburg Oaks (formerly Villa La Paz)Apartments 11875 SW 91st Avenue, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information A. Property Description Greenburg Oaks Apartments (Tax account # R-276472), 11895 SW 91st Avenue, is just off Greenburg Road, near Pacific Highway. The site sits on 3.01 acres and consists of 84 units in four buildings: 12 one-bedroom/one-bath 564 square foot units, 60 two-bedroom/one-bath 839 square foot units, and 12 three-bedroom/one-bath 1,007 square foot units. In 1998, CPAH added the now much used Community Center to the complex. The Community Center houses a computer center, library, multipurpose room and property management office. In 2005/2006, CPAH completed a$3.5 million dollar rehabilitation of the apartment interiors, building exteriors and project site. Highlights of the rehab included:replacing all building siding and windows,re-configuring and repaving the parking lot, replacing all landscaping, upgrading the recreation facilities, upgrading site lighting and signage. Interior work included replacing all waterlines and drains, replacing all cabinets, countertops, light fixtures and most appliances (refrigerators, dishwashers, hot water heaters)with Energy Star rated devices, replacing all window coverings and many carpets, re-texturing and repainting all apartment interiors. The rehab project featured energy saving appliances, compact fluorescent light fixtures, better insulation,and low volume plumbing fixtures, all of which have reduced tenant energy costs. The rehab work was done without displacing any tenants and with very minimal rent increases. As a testament to the quality of the rehab work, vacancies generally average under 5%, accounts payable are current and annual cash flow is positive. In 2011, CPAH completed exterior re-caulking and exterior painting as part of on-going quality maintenance at Greenburg Oaks. Financing for the project came from a number of public and private grants and low income housing tax credit investments. No new debt was taken on. Approximately $10,000 of the funding was provided by the City of Tigard Affordable Housing Fee Assistance program. Other funding came from the Meyer Memorial Trust, the Paul Allen Foundation, the Oregon Community Foundation, Washington County Office of Community Development through the CDBG and HOME investment programs, and the State of Oregon. Key Bank increased its investment by over$2 million dollars. Legal Description: The site is located in the southeast 1/4 of Section 35, Township 1 South, Range 1 West(Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 23-74-2000, Parcels I, II, and III. B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc. (CPAH) creates and maintains safe, healthy, and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. CPAH's acquisition and renovation of the complex has ensured that the previously neglected property is professionally managed as safe, decent, and affordable housing. Greenburg Oaks has significantly reduced the housing cost burdens of our families. The efficient delivery of our services improves the health and prospects for all household members, and serves to help break the multi- generational cycles of poverty. CPAH's commitment to 40 years of affordability for those at 50 and APPLICATION FOR TAX ABATEMENT PAGE 2 OF 4 60% of median income guarantees that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. Partnerships with Community Action, Good Neighbor Center, Luke-Dorf, Neighborhood House, Lifeworks NW and other organizations to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with these agencies enhances ongoing case management and provides a fresh start to many families facing significant barriers moving from homelessness to permanent housing. Several families each year are being reunited with their children as a result of receiving a housing opportunity at Greenburg Oaks. Three of the apartments are reserved for low income families with at least one member in active recovery from alcohol or drug addiction and an additional two apartments are set-aside for clients of the LukeDorf Housing Team. The Community Center at Greenburg Oaks is the focal point for support, skill building, and community building activities offered by CPAH through its resident services program which includes after-school and summer youth programs as well as the annual winter coat distribution and holiday event. CPAH's on-site computer learning center is used by youth for homework, research, e-mail, and educational games; and by adults for job search activities and Internet access. The Tigard Library has twice obtained grant resources to purchase children's material for our on-site library. CPAH offers a variety of adult services as well. The Community Center is also host to a number of general community activities including rent readiness courses, HopeSpring parenting classes, financial literacy classes, parenting safety skills and budget and nutrition classes. The Community Center hosts weekly meetings for AA, NA, and Alanon groups. Food distributions are also held in the Community Center for both the residents at Greenburg Oaks and others in the surrounding community. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 40 years. These covenants require that all households have earnings at or below 60%of the area median income. Some units are restricted to households earning at or below 50%. Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development. We certify that all apartments in this property are targeted to and remain affordable to households earning at or below 60%of the Area Median Income. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources mostly through fund raising. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. APPLICATION FOR TAX ABATEMENT PAGE 3 OF 4 It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is general partner of the Villa La Paz Limited Partnership,a single asset entity established for the purpose of acquiring the apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full independent audit of its books annually, as does Villa La Paz, LP. Both the State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. Digitally signed by RachaelDuke Rachael Duke DN: lrdRachaeluDuro,.,ou, = ke@cphicorg,c=US 2/17/22 Date:2022.02.17 08:58:56-08'00' Rachael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 4 OF 4 City of Tigard Application for Tax Abatement Febn,ay 17,2022 Red Rock Creek Commons Apartments 11090 SW 68th Parkway, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information A. Property Description Red Rock Creek Commons Apartments (Tax account#R2093437), 11090 SW 68th Parkway, on 68th Parkway, near Pacific Highway. The site sits on 38,333 square feet and consists of 48 units in one building. Each unit is one-bedroom/one-bath and ranges from 520 to 631 square feet. The new building includes a community room, shared laundry rooms, bike storage, and outdoor recreation space. All units will have Energy-Star rated appliances, quartz countertops, LED light fixtures, and low volume plumbing, which will reduce the tenant's energy costs and increase the longevity and sustainability of the building. The building will also have a solar array and will feature native plantings to enhance the natural quality of the nearby wetland and vegetated corridor. Financing for the project came from a number of public and private grants and low income housing tax credit investments. Approximately $100,000 of the funding was provided by the City of Tigard's Urban Renewal Area program. Other funding came from the Washington County Office of Community Development through the HOME investment program and the State of Oregon. Boston Financial also invested over$4 million dollars. Legal Description: Parcel 1, Partition Plat No. 2000-025, in the City of Tigard, County of Washington, State of Oregon. Tax Lot: The Washington County Map shows the site as tax lot 1S136DA02500 B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc. (CPAH) creates and maintains safe, healthy, and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. CPAH's construction of the building will add to the cities supply of safe, decent, and affordable housing. The efficient delivery of our services improves the health and prospects for all household members, and serves to help break the multi-generational cycles of poverty. CPAH's commitment to 40 years of affordability for those at 60%of median income guarantees that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. Partnerships with Community Action, Good Neighbor Center, Luke-Dorf, Neighborhood House, Lifeworks NW and other organizations to provide information and referral as well as emergency services like food boxes and rent and utility assistance. Coordination agreements with these agencies enhances ongoing case management and provides a fresh start to many individuals facing significant barriers moving from homelessness to permanent housing The community room at Red Rock Creek Commons will be the focal point for support,skill building, and community building activities offered by CPAH through its resident services program which includes a number of general community activities including rent readiness courses,financial literacy APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 classes, and budget and nutrition classes. The community room will host weekly meetings for AA, NA, and Alanon groups. Food distributions will also be held in the community room. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 40 years. These covenants require that all households have earnings at or below 60% of the area median income Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development. We certify that all apartments in this property are targeted to and remain affordable to households earning at or below 60% of the Area Median Income. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs,such as the cost of operating our youth programs, must be funded from outside sources mostly through fund raising. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is general partner of the Red Rock Creek Commons Limited Partnership,a single asset entity established for the purpose of constructing the apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full independent audit of its books annually,as does Red Rock Creek Commons, LP. Both the State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. 1 Rachael Duke W�R=lly 92ened by Rachael Duke Date 'Dg8k5J59 00 duke ecpahinc wg c=US 2/17/22 Rachael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 City of Tigard Application for Tax Abatement February 17,2022 The Knoll at Tigard 12291 SW Knoll Drive Tigard, Oregon 97223 A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information PAGE 1 OF 3 A. Property Description The Knoll at Tigard is located at 12291 SW Knoll Drive in Tigard (on Hall Boulevard between SW Knoll and SW Hunziker). The Knoll is a prime example of urban development, perched on the edge of the developing downtown of the City of Tigard, walking distance to the library, senior center, transportation, shopping and a variety of other amenities. Previously, three parcels of land totaling 1 acre supported only 3 single family residences. Following the recent zone change, and consistent with the long range goals of the City development plans, The Knoll at Tigard brings this density to nearly 50 units per acre. The design takes advantage of a site with an established infrastructure of utilities, adjacent transportation and services. The Knoll receives a "very walkable" rating from Walkscore.com. The Knoll at Tigard is a 45,000 square foot, 48-unit apartment building along with common rooms and meeting space, providing active living for independent, low-income seniors. Streetscape improvements were required on all 3 street frontages, including development of sidewalks, planting strips with street trees and below-grade utilities. Public spaces including entry courtyards and site walks are well lit. The Knoll at Tigard is a secure access building with a surveillance system. The total site contains .98 acres. Legal Description: see attached Exhibit A Tax Lot: R458454, R458436, R458445 B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc. (CPAH) creates and maintains safe, healthy, and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. The Knoll at Tigard is CPAH's first affordable units for seniors in Tigard and compliments CPAH's affordable units for seniors in Hillsdale. The 48 units are affordable to very low and low income residents on a permanent basis (The Knoll at Tigard provides affordable housing for a minimum of sixty(60)years,with maximum rents regulated by covenants on the property). Rents are affordable to households at 30% to 60% of area median income and below market rents. 45 of the units are one bedroom units and 3 of the units are two bedroom units(1 of which for the on-site manager). 12 of the one bedroom units are Project Based Section 8 units through the Washington County Housing Authority and are set-aside for Veterans. CPAH has expanded its community partnerships with the Tigard Police, the Tigard Library and the Veteran's Administration.The common areas include a living room and kitchen for residents' use as well as a computer center. The community room is available for resident potlucks, holiday events and other activities. PAGE 2 OF 3 C. Certification of Resident Income Levels Resident income levels are certified upon application.The seniors at The Knoll may remain in their units as long as they income qualify at entry. Rents for the one bedroom units average $707/per month for the one-bedroom apartments (25% + below average market rates). Rents are$810 per month for the two-bedroom apartments. Water, sewer and trash are included in the monthly rental. D. How Tax Exemption Will Benefit Residents The property tax exemption is a direct savings for the residents,allowing for reduced operating costs which results in reduced rents for the seniors at The Knoll. For both the initial development,and long term operations of the project, full tax abatement is essential. The project pro forma allowed for the construction of The Knoll which meets all City and State design requirements along with affordable rents for our seniors. The Knoll includes financing through Washington County HOME and CDBG funds, State of Oregon Trust Fund and Tax Credits. JPMorgan Chase is the private lender with Enterprise Neighborhood Partners as the investor(under the tax credit program). Tax abatement was critical in meeting lender and investor requirements while keeping rents affordable for The Knoll at Tigard and is key to long- term sustainability of the project operating with affordable rents for seniors. E. Tax Exempt Status CPAH, an Oregon non-profit, is the general partner of The Knoll at Tigard Limited Partnership, a single asset entity. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually, as does The Knoll at Tigard. Mark Schwing of Markusen & Schwing in Beaverton currently provides audit services for CPAH and CPAH's single asset properties.The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development both inspect and audit the project annually. The tax credit investor(Limited Partner) also monitors and inspects the project as does Washington County. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management acts as the property management agent providing the day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. Rachael Duke Date n2022021 D.001100-0800ail-rdukepcpahincorg r-US 2/17/22 LL Rachael Duke, Executive Director Date PAGE 3 OF 3 COMMUNITY PARTNERS FOR AFFORDABLE HOUSING, INC. Atedatiftk:yit.• � ! PO Box 23206•Tigard OR 97281-3206•Tel: 503-293-4038•Fax: 503-293-4039•www.cpahinc.org• info@cpahinc.org City of Tigard Application for Tax Abatement February 17,2022 Tangela Single Family Rental Home 9330 SW Tangela, Tigard, OR A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information G. IRS Letter A. Property Description Community Partners for Affordable Housing,Inc.acquired the single family"Tangela House" at 9330 SW Tangela in Tigard, on December 31, 1999, with assistance from the Washington County CDBG program and an original loan from Washington Mutual Savings Bank which is now with Banner Bank. The Tangela home is located just two blocks from CPAH's multifamily project, Greenburg Oaks Apartments and is overseen by the site manager at Greenburg Oaks. The two story 1,916 square foot house sits on a 5,450 square foot lot and is zoned R-7 residential. CPAH converted an upstairs bonus room into a 5th bedroom and completed other necessary repairs after the initial acquisition as well as additional upgrades after the first turnover. In 2013, CPAH replaced the furnace and plans to re-roof and re-paint the home in the next two years. The first residents lived in the home from early 2000 until late 2006 when they moved out of the area. The current residents have been in the home since February 2007 and remain in the home today. We consider these tenancies as very successful outcomes providing a stable neighborhood environment to raise families that had previously experienced transient and sub-standard housing. Legal Description: Barbee Court, Lot 1,Tigard, County of Washington, State of Oregon. Tax Lot: 1S135DC-05300. B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc.(CPAH)creates and maintains safe, healthy,and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. CPAH acquired the single family home in order to assist the County and the Good Neighbor Center Shelter in meeting a"replacement unit"requirement triggered by the Uniform Relocation Act when the shelter acquired its current site and demolished a single family home housing a low- income family. CPAH completed needed repairs and upgraded the Tangela home to a five- bedroom dwelling, in order to provide a rare opportunity in our community—an affordable single- family rental house for a very large family. The home is proximate to CPAH's Greenburg Oaks property,where management and resident services are available to the household. These services include a computer center, community room, neighborhood watch, Individual Development Account grants, and other programs.The resident services coordinator and property management staff visit the home on a regular basis to ensure that the property is well managed and to maintain an ongoing relationship with the residents. The home is located within a census tract(309)which has a higher than average concentration of low-income rental households. The number of residents without a high school diploma is notably higher than for Tigard as a whole. This area boasted the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9%of Tigard's population base, it is home to nearly 16%of the city's minority households. C. Certification of Resident Income Levels Resident income level is verified upon application, and must be less than 60%of the area's median income. Income is recertified annually. We certify that all residents served by this property earned at or below 60%of the AMI. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is passed on as a direct subsidy for the residents. Every dollar reduction in operating costs results in a reduction in the scheduled rents. Some costs, such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement,we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is direct owner of the Tangela property and is a nonprofit 501(c)(3) organization. Our operations are audited annually to, among other things, confirm that we are in compliance with our charitable status and with requirements of the County grant and Banner Bank loan documents. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of residents for compliance with program guidelines. Duke signed by Rachael Duke Rachael Duke DN:cn=Rachael Duke,o,ou, email=rduke@cpahinc.org,c=US 2��722 Date:2022.02.17 09:00:05-08'00' Rachael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 City of Tigard Application for Tax Abatement February 17,2022 Village at Washington Square 11157-11163 SW Hall Boulevard, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information A. Property Description Village at Washington Square is located at 11157-11163 SW Hall Boulevard, between SW Spruce and SW Pfaffle in Tigard. The site is located within the Washington Square Regional Center and is proximate to employment opportunities as well as public transportation and other services. The Village at Washington Square includes three residential buildings with a total of 26 dwelling units, and a community building, all arranged around a central courtyard/play yard. The project includes one studio, seven one-bedroom, five two-bedroom, seven three-bedroom and six four-bedroom units. Eleven of the units are traditional apartment flats,while the other 15 are two-story townhomes with bedrooms above the main floor living space. The total site sits on .84 acres. In 2012,Village at Washington Square received exterior caulking and painting as part of the on-going focus on quality maintenance. Some additional landscaping was completed in 2013. Legal Description: Partition Plat 1998-038, Lot 1 and Partition Plat 1998-038, Lot 2 in the City of Tigard, County of Washington, State of Oregon Tax Lot: 1S135DA(04600&04700) B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc. (CPAH) creates and maintains safe, healthy, and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. When it opened in 2002,The Village at Washington Square was the first addition of affordable units to the Tigard housing stock in a decade. The 26 units are priced to be affordable to very low, low, and moderate-income residents. The project is subject to an extended use agreement to keep the rents affordable for 60 years,effectively the full life of the project. This covenant is recorded with the title of the property and requires that rents will be affordable to households at 30%,45%and 60%of area median income and significantly below market rents. Half of the units are three and four bedroom apartments serving larger families who are often unable to find affordable rental opportunities in Tigard. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue, Tigard Libraries, and the Tigard School District to enhance the safety and quality of life for residents and to ensure that our programs are well-coordinated with other community resources. CPAH works closely with Community Action and other agencies to provide information and referral as well as emergency services such as food boxes as well as rent and utility assistance. Coordination agreements with social service programs such as Lutheran Community Services and Community Action Organization, enhance ongoing case management and link stable housing with successful program outcomes. CPAH offers a variety of programs for youth including after school and summer programs as well as adult services including Neighborhood Watch, classes in support of parenting skills, budgeting and other financial literacy skills, and nutritional shopping and cooking. The Village at Washington Square is located within a census tract (309) which has a higher than average concentration of low-income rental households. The number of residents without a high APPLICATION FOR TAX ABATEMENT PAGE 2 OF 3 school diploma is notably higher than for Tigard as a whole. This area has the second highest concentration of children under 9 of the eight census tracts in Tigard. While this area represents 9% of Tigard's population, it is home to nearly 16%of the city's minority households. C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and at annual re-certification. Residents may remain in their units as long as they income qualify at entry. Rents are well below the market for the area. We certify that all apartments in this project are targeted to and remain affordable to households earning at or below 60%of the AMI. Compliance with income restriction requirements is audited annually by the State of Oregon Department of Housing and Community Services and Washington County Office of Community Development. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents (lower rents)as operating costs are lower due to tax abatement. Some costs,such as the cost of operating our youth programs, must be funded from outside sources. Without property tax abatement,we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH is the general partner of the Village at Washington Square Limited Partnership,a single entity asset. CPAH's IRS Determination Letter is attached. CPAH undergoes full audit of its books annually,as does the Village at Washington Square. The State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. h p Digitally signed by Rachael Duke Rachael Duke DN:cn=Rachael Duke,o,ou, email=rduke@cpahinc.org,c=US Date:2022.02.17 08:57:00-08'00' 2/1 7/22 Rachael Duke, Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 3 City of Tigard Application for Tax Abatement February 17,2022 Woodland Hearth Apartments 11655 SW Pacific Hwy, Tigard A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Verification of Information A- Property Description Woodland Hearth Apartments (Tax account#R-2221050), 11655 SW Pacific Hwy.The site sits on 3.48 acres and will consist of 63 units in one building:4 studios, 19 one-bedroom, 16 two-bedroom units, 19 three-bedroom units and 5 four-bedroom units.We are in the process of finalizing the design and these details may shift slightly between now and construction. The building will include a community room with amenities for our residents. The building will also have an on-site property management office and resident services office. The building will be efficiently designed and include an energy efficient envelope, Energy-Star rated appliances, low flow plumbing, and air conditioning. Earth Advantage Gold certification will be targeted. Financing for the project will come from a number of public and private grants and low-income housing tax credit investments. Legal Description: The site is located in the southwest 1/4 of Section 36, Township 1 South, Range 1 West(Willamette Meridian). Tax Lot: The Washington County Map shows the site as tax lot 1S136CA01700 B. Project's Charitable Purpose Community Partners for Affordable Housing, Inc. (CPAH) creates and maintains safe, healthy, and sustainable housing with services for diverse residents including families, seniors,and people with disabilities in Washington County and SW Portland. CPAH's construction of the complex will ensure that the property is professionally managed as safe, quality and affordable housing. The efficient delivery of our trauma informed services supports resident opportunity and wellness. CPAH's commitment is to 60 years of affordability for those at or below 60% of median income guarantee that these apartments will be affordable effectively for the life of the buildings. CPAH maintains active partnerships with the Tigard Police Department, Tualatin Valley Fire & Rescue,Tigard Libraries,and the Tigard—Tualatin School District to enhance the safety and quality of life for residents and to be sure that our programs are well-coordinated with other community resources. At this property CPAH will be partnering with Community Action, HAKI Community Services, Native American Rehabilitation Association NW, and other organizations to ensure our residents have access to supportive services. Resident Services staff provide eviction prevention, community engagement and information and referral. The community center at Woodland Hearth will be the focal point for community building activities offered by CPAH and partners through its resident services program which includes after-school and summer youth programs,family activities, and additional community opportunities such as parenting safety skills and budget and nutrition classes. CPAH's supportive services partners will also have access to on site space to meet with residents. APPLICATION FOR TAX ABATEMENT PAGE 2 OF 4 C. Certification of Resident Income Levels Resident income levels are verified upon application for tenancy and are recertified each year. CPAH has covenants with the state and with Washington County to use the property exclusively for low income rentals for a period of at least 60 years. These covenants require that all households have earnings at or below 60% of the area median income. Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development. We certify that all apartments in this property are targeted to and remain affordable to households earning at or below 60% of the Area Median Income. D. How Tax Exemption Will Benefit Residents 100% of the property tax exemption is a direct subsidy for the residents. Every dollar reduction in operating costs is passed on as a reduction in the scheduled rents. Some costs,such as the cost of operating our youth programs, must be funded from outside sources mostly through fund raising. Without property tax abatement, we would have to shift some of our fundraising efforts from developing sources for these programs and use them instead to cover basic operations. It can be argued that using property tax revenues to subsidize well managed affordable housing units results in a net savings of public resources. Fewer and less-severe police calls, healthier students, and stably housed social service consumers, all provide a direct reduction in the demand for government funded services. E. Tax Exempt Status CPAH will be the general partner of the CPAH Woodland Hearth Limited Partnership,a single asset entity established for the purpose of constructing the apartments and qualifying for low-income housing tax credits. CPAH's IRS Determination Letter is attached. CPAH undergoes a full independent audit of its books annually, as will CPAH Woodland Hearth, LP. Both the State of Oregon Housing and Community Services Department and the U.S. Department of Housing and Urban Development review the project and resident files annually. F. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. Income Property Management Company performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. / di ) 2/28/2022 Rachael Duke,Executive Director Date APPLICATION FOR TAX ABATEMENT PAGE 3 OF 4 APPLICATION FOR TAX ABATEMENT PAGE 4 OF 4 .1 c .hk Resident ResoUrce$ www.residentresourcesoregon.org 4800 SW Meadows Rd#300 Lake Oswego,Oregon 97035 Phone 503-534-3777 Fax 503-482-7430 To: City Of Tigard February 15,2022 13125 SW Hall Blvd Tigard,Oregon 97223 Attn:Toby LaFrance Finance and Information Services Director Application for Tax Abatement Hawthorne Villas Located at 7705 SW Pfaffle Street Tigard,Oregon 97223 A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Attachments G. Verification of Information A. Property Description Hawthorne Villa Apartments is located at 7705 S.W.Pfaffle Street in the City of Tigard.The property Is set on 4.76 Acres adjacent to Pacific Highway.The Property is composed of eight apart- ment buildings with a single family home in front that is currently used as home with offices attached for management,See Attachment F #1 site plan.In these eight buildings there are one hundred eigh- teen separate apartments consisting of sixty two one bedroom apartments that are approximately six hundred five square feet,twenty one,one bedrooms that are approximately six hundred eight five square feet,five two bedrooms one bath at approximately seven hundred ninety square feet and thirty studio apartments that are three hundred sixty square feet see Attachments #F. 1 &a through f. Currently the property is 100%restricted too low income individuals or families who make 60%of the average medium income for Washington County and the units are also rent restricted. The project is owned by a respected local property owner who is maintaining the affordability com- ponent to the property.His name is Rajiv Jain.He collectively owns and manages over eight hundred apartments in several states.Over three hundred of those apartments participated in section 42 re- stricted rent housing program.He resides in Portland and is committed to socially responsible owner- ship of all his properties.He has partnered with Resident Resources to create a safe and secure envi- ronment for these valued individuals whom need affordable housing.All the properties that Mr.Jain owns are well maintained with responsible management employees who are compassionate about what they do. Resident Resources The property being located within walking distance to many local employers and employ- ment sectors makes it an ideal location for those seeking affordable housing.The transportation needs of the Residents is well met as there are numerous transportation hubs within walking distance includ- ing Pacific Highway,the 217 and 5 freeways,bus routes and local rail transportation close by. The residents enjoy that there is adequate vehicle parking(171 parking stalls).This relieves them of the high cost of parking a vehicle.This can foster a sense of independence. The Apartments business name is Hawthorne Villas Apartments,it is considered a section 42 affordable housing complex also know as Low Income Housing Tax Credit(LIHTC).It is a federal Program created in 1986 under the Federal Tax Reform Act. It accounts for over 90%of the afford- able housing in the United States.The nature of the property and location make it an ideal property to receive this tax abatement. For your records the tax parcel is R282429 in Census Tract 306.00 with a Zoning of R-12. The lot is over 207,000 square fleet with multiple garden areas and courtyards.It has several laundry rooms for residents to do the own laundry. B. Projects Charitable Purpose Resident Resource's mission is to enable low income families of Oregon find and keep af- fordable housing.Through our resident service plan(RSP)we strive to create an environment in which families feel safe to seek additional assistance in education,employment and health services. We have an open door policy in which all are welcome.Each Resident whom resides or wants to re- side at Hawthorne Villas has an appointment with a staff member who helps identify potential needs relating to our core values of affordable housing,continued educational opportunities,employment referral services.We offer mediation assistance with the ownership/management to prevent evictions that may lead to homelessness.Our many health and social services contacts and referrals are a great resource for the residents with a focus on confidential assistance. Our commitment to the Citizens of Tigard and around the state of Oregon has been to main- tain a dignified approach to foster a confidential yet friendly approach to the housing needs of fami- lies who may need affordable housing.Many Residents face other significant challenges that can be softened with the right approach.This is done while maintaining the integrity of the property both materially and physically.Creating a safe environment for all Residents is our highest Priority. Hawthorne Villas Ownership has made a significant commitment to fund Resident Services to a level where each resident can have a personal touch that will encourage them to use our services if needed.The tax abatement will go a long way to helping these upstanding Citizens of Tigard. C. Certification Of Resident Income Levels Hawthorne Villas is a rent restricted apartment complex that will only rent to individuals or families whom make at 60%or below of Washington County Area Medium Income.This compliance is achieved with our advertising,application process,verification process.Every new Resident as welt as a Bi yearly State audit of each Resident File and our record keeping insurers we are keeping within the guidelines of our mandate.The property continue will rent restricted for at least the next nine years.See Attachment#4,pages 1-15 Resident Resources D. How Tax Exemption will Benefit Residents With this tax exemption we are able to maintain the low income and affordability component to this property.The Tax exemption also allows us to fund Resident Resources thus reducing Homelessness in the City of Tigard as well as providing valuable services for some families who most need it.Through our efforts and management style we have consistently reduced police contacts with Residents which reduces costs to the City.The tax exemption allows us to staff a po- sition which takes some of the burden off of the City of Tigard's resources.The exemption is used to create a safer,healthier more stable environment for Low Income Families. E. Tax Exempt Status Resident Resources is a Domestic Non Profit Public Benefit Corporation Registered in the State of Oregon.Registration#118973395 Certificate of Existence attached as attachment#3 Our Non Profit is formed in the State of Oregon and follows federal guidelines for 501 (c)(3).Our EIN number is #81-1513248 Our Corporation is organized exclusively for charitable,religious edu- cational or scientific purposes,Including for such purposes the making of distributions to organiza- tions that qualify as exempt by the Internal Revenue Service,or the corresponding section of any fu- ture federal tax code.Resident Resources is a general partner with Hawthorne Villa,an Oregon Gen- eral partnership and co manages the property. Attachments 1. Site Survey a. Building A b. Building B c. Building C d. Building D e. Building E f. Building F 2. Oregon Certificate of Existence 3. State of Oregon Amended Annual Report 4. Certification of Low Income Housing Restriction 5. IRS Certificate of 501 3 (c) 6. Articles of Incorporation z:t , , ,.'4, 4.4.1\ Resident Resources G. Verification of Information All the information provided above including attachments below are accurate and complete. Hawthorne Villa an Oregon General partnership is co-managed by Hawthorne Villa GP Ll and Resident Resources. I do so attest to its truthfulness and certify it. l/lJ ,-/f William S.Maxwell President Resident Rest.urces Date count. Q' i 1 l if !i This record was acknowledged before me on(date) Qf uaiI I 20_22_______by (named)individual O ) ilia.ala w V i . —— 1 ! 16116 \T&1dL • ,aq Public Stair of tariicol OF a Name Signature '�.v�, OFFICJAl.STAMP ,�'. 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'ia _ le_ _ i+ ti s" ,, _ ..:,-K 70 O !� i- L r L. cn 4 • O #1 sat ) zt nan ,Ain', # .l a s 3' S 1 w 1 ' ...a , I y� 1 0 ppr�+ n _ :',1E 1: J -. r-- - ,., . c oil= 1 C .i sc a. I c i b< s ti a i as ' � -73 1 n :e a nr�c.n i OW u 0? 1 ') 11(f) Attachment F. f. Building F AI CI iz1 MG) in NYId Mt701J 1S4U T..-- Age `• Sts {cy :Y`r oir r, IRHY Y:ti! _ A25t8 3.3565 lR:..k ail Ili Ti i& ►W Itt - t3i Idf AT. 1I x. o t 4 Z INII AK 10111, .111.11.110,: VII IOW -+ 07 iris 11001)ONO�3S ARR st It:Itt -- ',MTr3 icv �itv i� __ Sr /%2:2 -1---. T•Sva Ni — it _ -] 1� 'tEl �- let a' , ;..„ ,_ 1, ' — --=z"�, ' ��* / ièrr *riH Internal Revenue Service Department of the Treasury P. O.Box 2508 Cincinnati,OH 45201 Date: March 3,2017 Person to Contact: Mr. Molloy—ID#0203248 Toll Free Telephone Number: 877-829-5500 WILLIAM MAXWELL 4800 SW MEADOWS RD STE 300 LAKE OSWEGO OR 97035 • Dear Sir or Madam: This is in response to your letter of January 30, 2017, requesting copies for Residents Resources. Enclosed are the copies you requested. If you have any questions, please call us at the telephone number shown in the heading of this letter Sincerely, Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. EOX 2508 CINCINNATI, OH 45201 Employer Identification Number; Date: . 2@16. /,� 81-1513248 DLN: 26053478001966 RESIDENT RESOURCES Contact Person: 4800 SW MEADOWS RD SUITE 300 CUSTOMER SERVICE ID# 31954 LAKE OSWEGO, OR 97035-5277 Contact Telephone. Number: (877) 829-5560 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: February 19, 2016 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c) (3) . Denary can deduct contributions they make to you under IRC Section 170. You're alto qualified to receive tax deductible bequests., devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records.,. Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 490/990-E2/990-N, our records show you're required to file an annual information return (Form 990 or Form--990-EZ) or electronic notice (Form 990-N, the e-Postcard) . if you....don'.t file-a required- return or-notice for three. consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization; go to www.irs.gov/charities. Enter "4221-PC1 in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter' 5436 -2- RESIDENT RESOURCES Sincerely, Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements Letter 5436 ARTICLES OF INCORPORATION o� 11_ E-FILED Corporation Division Feb 19,2016 "`;k www:fijinginQregon.corn OREGON SECRETARY OF STATE REGISTRY NUMBER 118973395 TYPE DOMESTIC NONPROFIT CORPORATION 1.ENTITY NAME RESIDENT RESOURCES 2.MAILING ADDRESS 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 3. NAME&ADDRESS OF REGISTERED AGENT WILLIAM SETH MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 4.INCORPORATORS WILLIAM SETH MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 5.TYPE OF NONPROFIT CORPORATION Public Benefit 6.MEMBERS? No Page 1 i;,.„ 'A' Corporation Division www.fiilinginoregon corn OREGON SECRETARY OF STATE ♦iffj4, 7.DISTRIBUTION OF ASSETS Said corporation is organized exclusively for charitable,religious, educational,and scientific purposes, including,for such purposes,the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code. No part of the net earnings of the corporation shall inure to the benefit of,or be distributable to its members,trustees,officers,or other private persons,except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof.No substantial part of the activities of the corporation shall be the carrying on of propaganda,or otherwise attempting to influence legislation,and the corporation shall not participate in,or intervene in(including the publishing or distribution of statements)any political campaign on behalf of or in opposition to any candidate for public office.Notwithstanding any other provision of these articles,the corporation shall not carry on any other activities not permitted to be carried on(a)by a corporation exempt from federal income tax under section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code,or(b)by a corporation,contributions to which are deductible under section 170(c)(2)of the Internal Revenue Code,or the corresponding section of any future federal tax code. Upon the dissolution of the corporation,assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code,or shall be distributed to the federal government,or to a state or local government,for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located,exclusively for such purposes or to such organization or organizations,as said court shall determine,which are organized and operated exclusively for such purposes. By my signature,I declare as an authorized authority,that this filing has been examined by me and is,to the best of my knowledge and belief,true,correct,and complete. Making false statements in this document is against the law and may be penalized by fines,imprisonment,or both. By typing my name in the electronic signature field,I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted,executed,or prepared in electronic form and that if a law requires a record or signature to be in writing,an electronic record or signature satisfies that requirement, ELECTRONIC SIGNATURE NAME WILLIAM MAXWELL TITLE REGISTERED AGENT DATE SIGNED 02-18-2016 Page 2 wnii✓r , , .,. a- Property Tax Abatement Application City of Tigard 13125 SW Hall Blvd, Tigard OR, 97223 February 24,2021 Property: Dartmouth Crossing Phase 1 and II Addresses: 11750 SW 69th Ave, 11800 SW 69th Ave,6835 SW Clinton St, (collectively"North Block') and 11955 SW 68th Ave, 11950 SW 69th Ave, 11900 SW 69th Ave and 6860 SW Clinton St(collectively "South Block"), Tigard OR, 97223. Tax Lots:2900, 3001, 3100,6100,6200,6300, and 6600. Assessor Account#s: R286112, R286130, R286149, R286443, R286452, R286461, R286498. Project Description: In March 2021,the above referenced lots were acquired by REACH Community Development, Inc. ("REACH"). These lots are being held by REACH for future low-income housing development. REACH plans to develop the lots in two phases: the North Block as Dartmouth Crossing Phase I and the South Block as Dartmouth Crossing Phase 11. Phase I: The development design of the North Block is a multi-family residential building with 85 units with one-,two-, and three-bedroom units, and associated resident and management spaces.The development will be fully restricted to households earning 60%of the Area Median Income(AMI)or less. REACH has received a funding reservation from Oregon Housing and Community Service's Local Innovation Fast Track(LIFT)program and a reservation of 4% LIHTCs for the project and is in process of securing the remaining capital funding. If awarded, REACH anticipates beginning construction on Phase I by the end of 2022,with project completion and occupancy planned for 2024. Phase II: REACH has completed early schematic design anticipating a mixed-use development providing approximately 200 affordable and income restricted residential units and around 25,000 sf or commercial space.The commercial space is anticipated to provide community amenities such as an early childhood development center or daycare, a community center, offices for non-profits and a public market hall for job development and incubation of small businesses in food and wares. Exact uses will be identified through stakeholder engagement during the project planning phase. REACH has formed a Project Advisory Committee (PAC) made up of local stakeholders and non-profit service providers. REACH anticipates leveraging a range of federal and local economic development resources including New Market Tax Credits(NMTCs)to develop commercial space and uses that will be responsive and affordable to underserved communities. Charitable Purpose: REACH's mission is to create quality, affordable housing and opportunities for individuals,families and communities to thrive. The development of these lots will result in much needed affordable housing in Tigard,community amenity space that will support the equitable development of the Tigard Triangle,and spur broader economic and community development. REACH's affordable housing communities offer resident service coordination so residents can access the supports and services they need to remain stably housed, build assets,and fully participate in community life. .,os MO 4 - h•SC_ •:dc. • 'f�7 Ian<. OP<:;. z r -hp,op ti• ,.� . ( reryone deserves a piace4 asl ♦bid'.5 4 x„. Certification of Resident Income Levels: Once constructed, both Phase I and Phase 11 will be subject to deed restrictions and regulatory use agreements that will limit incomes of residents to low-income levels and limit rents to corresponding affordable levels. The funding sources, including the Low-Income Housing Tax Credit program,will require initial and ongoing income certifications of all residents. Compliance with these covenants will monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development(if HOME funds are used in the project). 100% of the units in Phase I will be restricted to 60%AMI or less. It is anticipated that most if not all units in Phase Ii will be restricted to 60%AMI or less. How Tax Exemption Will Benefit Residents: The tax exemption during the holding and development phase of the project will allow REACH to advance the project and reduce the overall development cost of the project,which will help make it more competitive for project funding. Ultimately this will help create hundreds of new affordable housing units. Once operational, the cost savings from the exemption will aid the projects be more financial sustainable over the long term and allow REACH to offer more robust resident services and make investments into the property that benefit residents and keep the property affordable. Tax Exempt Status: REACH is a 501 (c) 3 non-profit corporation registered in the State of Oregon. REACH's IRS Determination Letter is attached. REACH will maintain an ownership interest and have control of the entities that wilt be formed to own the projects in accordance with State and Federal rules and regulations to allow the tax credit structures to be used for project financing. Acknowledgments: REACH as the applicant acknowledges and certifies the following statements for this tax exemption application: 1. The applicant is aware of all requirements for property tax exemption imposed by chapter 3.50 of Tigard Municipal Code; 2. The applicant's property qualified or, upon completion of the improvements and subsequent occupancy by low-income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter; and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. 422 Dan Valliere Chief Executive Officer REACH Community Development. Inc. nu i hp v .t 7. Internal Revenue Service RECEIVED Department of the Treasury District Director MAY 2 4 1985 MAY 2 2 1985 Data: Our Latter Dated: September 20, 1982 Person to Cootatt: EO Desk Officer Contact Telephone Humber: (206) 442-5106 Reach Community Development, Inc. 1313 South East Oak Portland, Oregon 97214 Dear Applicant: • This modifies our letter of the above date in which we stated that you would be treated as an organization which is not, a private foundation until the expiration of your advance ruling period. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Internal Revenue Code, because you are en organization of the type described in section 509( ) (2) Your exempt status under section 501(c)(3) of the code is still in effect. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes notice to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted in your loss of section 509(a) (2, status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification es a section 509(a)(2) organization. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. if you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, V • ip , 0, sp . Dietr ct Direct. _ .915__Second Avenue Seattle, Wish, 98174 Letter 1050(DO) (7-77) Internal Revenue Service Department of the Treasury Catrict Director Date: Z 0 SEP 1982 Employer identification Number, 93-0813981 Accounting Period Ending: December 31 • 'Foundation Status Classification: 509(a)(2) Reach Community Development, Inc. Advance Ruling Period Ends; 1313 Southeast Oak December 31, 1984 • Portland, OR 97214 Person to Contact John Sutton • Contact Telephone Number: • (206) 442-5106 Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. - Because you are a newly created organization, we are not- now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably be expected to be a publicly supported organization described in section 509(a)(2). Accordingly, you will be treated as a'publicly supported organization, and not as a private foundation, during an advance ruling period. This advance ruling period begins on the date of your inception and ends on the date shown above. -Within 90 days after the end of your advance ruling period, you must submit to us information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a)(l) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, you will be classified as a private foundation for future periods. Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your incept2n for purposes of sections 507(d) and 4940. Grantors and donors may'rely on the determinationthat you are not a private foundation until 90 days after the end of your advance ruling period. If you submit the required information within the 90 days, grantors and donors may continue to rely on the advance determination until the Service makes a final determination of your foundation status. However, if notice that you will no longer be treated as a section 509{4(2) organization is published in the Internal Revenue Bulletin, grantors and donors may not rely on this determination after the date of such publication. Also, a grantor or donor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act that resulted is your loss of section 509(a)(2) status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509{a)(2) organization. P.O. Box 21224,Seattle,Washington 98111 offlo Letter 1045(00)(6-77) If your sources of support, or your purposes. character, or method of operation change, please let us know.so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. Generally, you are not liable for social security (FICA) taxes unless you file a waiver or exemption certificate as provided in the Federal Insurance Contributions Act, If you have paid FICA taxes without filing the waiver, you should call us. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions• about excise, employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are • deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. You are required to file Form 990, Return of Organization Exempt from Income Tax, only if your gross receipts each year are normally more than $10,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the delay. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under'section 511. ot the Code. If you are • subject to this tax; you must file an income tax return on Form 990—T. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. • • Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. . If you have any questions, please contact the person whose _name and telephone number ars shown in the heading of this letter. • • .• • . . Sino ely yours, • . IP 11 • Diatri• Director • • • • Letter 104S(DO) (6-77) ■ City of Tigard TIGARD Memorandum To: Cindy Trimp, Finance and Information Services Director From: Schuyler Warren, Senior Planner Re: CPAH 2022 Applications for Tax Exemption Date: March 3, 2022 Community Partners for Affordable Housing (CPAH) has submitted separate applications for low- income housing tax exemptions for each of the six properties it owns inside the city. The five developed properties include the 26-unit Village at Washington Square, the 84-unit Greenburg Oaks, the 48-unit Knoll at Tigard senior housing project, the 48-unit Red Rock Creek Commons, and a four-bedroom single family house located two blocks from the Greenburg Oaks units at 9330 SW Tangela Court. CPAH is also applying for a tax exemption for land owned and held for the purpose of developing affordable housing. This property is located at 11655 SW Pacific Highway, tax lot ID 1S136CA11700. Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing, provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. CPAH submitted with their applications a copy of an Internal Revenue Service letter, dated March 11, 1999,verifying that CPAH qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining,in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. CPAH has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose. This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Documents submitted by CPAH demonstrate that in the case of all four of its developed projects, tenant income is verified upon application and is re-certified on an annual basis. Residents may remain in their units as long as they demonstrate qualifying income at entry. Continued eligibility is determined with household income at or below 60% of the area median income (AMI). Within each of its applications, CPAH certifies that all residents served by the four properties in question earn at or below the 60% of AMI. The property at 11655 SW Pacific Highway is held for the purpose of future development as low- income housing. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. CPAH is applying for full exemption at all five properties. CPAH has submitted documents demonstrating that all five properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. This criterion will be met upon approval by City Council. Conclusion: CPAH-owned properties have qualified for tax exemption every year since 1996. According to the applications submitted exemption,no changes in circumstances have occurred that would disqualify the non-profit housing provider from continuing to receive the exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore,the granting of exemptions to CPAH is consistent with the applicable TMC standards and with adopted city housing policies. p City of Tigard TIGARD Memorandum To: Cindy Trimp, Finance and Information Services Director From: Schuyler Warren, Senior Planner Re: Hawthorne Villa 2022 Application for Tax Exemption Date: March 3, 2022 Resident Resources submitted an application for low-income housing tax exemption for the 118- unit Hawthorne Villa,located at 7705 SW Pfaffle Street in the incorporated Metzger area. Tigard Municipal Code (TMC) 3.50.020, Nonprofit Corporation Low Income Housing, provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. Resident Resources has submitted a determination letter from the IRS demonstrating that they are a 501(c)(3). Resident Resources, as part of Hawthorne Village Apartments General Partnership, asserts their eligibility for the exemption under TMC section 3.50.020(C) which reads: C.A partnership will be treated the same as a corporation to which this section applies if the corporation is: 1. A general partner of the partnership; and 2. Responsible for the day to day operation of the property that is the subject of the exemption. The applicant submitted a partnership agreement and memorandum of understanding (MOU) as part of their application. These documents demonstrate that the property is owned by Hawthorne Village Apartments, an Oregon general partnership. The partnership is between Hawthorne Villa LLC and Resident Resources, an Oregon nonprofit corporation. Resident Resources is a general partner of the partnership and, according to the MOU,is responsible for the day-to-day operations of the facility. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. The applicant has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed to one or more tax exempt entities within the meaning of Section 501(c)(3) of the Internal Revenue Code, and which have a charitable purpose that is generally similar to the dissolving corporation. This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. The applicant provided both a statement and a deed restriction demonstrating that Hawthorne Villa will only rent to households earning at or below 60% of area median income (AMI). The applicant states that compliance with this requirement includes efforts made at the advertising, application, and verification stages. In addition, the applicant has partnered with a compliance consultant,Alexia Consulting, to oversee new resident screening and annual certification. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. Resident Resources is applying for full exemption at Hawthorne Villa. Resident Resources has submitted documents demonstrating that that the property is fully dedicated to non-profit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050 This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. This criterion will be met upon approval by City Council. Conclusion: Resident Resources, as a general partner in Hawthorne Village General Partnership, has applied to the city for a tax exemption in previous tax years. The property previously received city tax exemption through Accessible Living Inc. (as part of Hawthorne Villa General Partnership), and Tualatin Valley Housing Partners. Resident Resources'mission is "to enable low income families of Oregon to find and keep affordable housing."The application states that through a Resident Service Plan (RSP) the nonprofit provides assistance with education, employment, and health services. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to Resident Resources is consistent with the applicable TMC standards and with adopted city housing policies. City of Tigard TIGARD Memorandum To: Cindy Trimp, Finance and Information Services Director From: Schuyler Warren, Senior Planner Re: Reach CDC 2022 Applications for Tax Exemption Date: March 3, 2022 Reach Community Development Corporation (Reach) has submitted an application for low-income housing tax exemptions for set of properties that the organization purchased in 2021 within the corporate limits of the City of Tigard.These properties are held solely for the purpose of site assembly for the development of affordable housing. Addresses: 11750 SW 69TH AVE 11800 SW 69th Ave 6835 SW Clinton St 11955 SW 68th Ace 11950 SW 69th Ave 11900 SW 69th Ave 6860 SW Clinton St.Tigard Tax Lots: 2900, 3001 and 3100 of Block 9 6100, 6200, 6300, 6600, and 6700 of Block 12. Real Property Account #s: R286112, R286130,R286149 of Block 9 R286443, R286452,R286461, R286498 of Block 12 Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing, provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. Reach submitted with their applications a copy of an Internal Revenue Service letter,dated January 18, 2018,verifying that Reach qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific,literary or educational purposes or to the State of Oregon. Reach has submitted Articles of Incorporation demonstrating that upon dissolution,the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code,or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose. This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Reach has provided a signed document stating that the properties are being held for the prupose of future development of low-income housing. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. Reach is applying for full exemption at all seven properties. Reach has submitted documents stating that all seven properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. This criterion will be met upon approval by City Council. Conclusion: Staff has determined that the above-named properties owned by Reach meet the criteria for tax exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore,the granting of exemptions to Reach is consistent with the applicable TMC standards and with adopted city housing policies. AIS-Fiscal Impact of Tax Exemption Property Taxable City of Tigard City of Tigard City of Tigard Total Tax Total Property Assessed Tax Rate Bond Rate Local Option Rate Tax Impact(All Value* $2.5131/$1000 $.3429/$1,000 Rate Jurisdictions) $.2900/$1,000 Vacant Lot- $185,569 $466 $63 $54 $17.6818/$1,000 $3281 11750 SW 69th Ave. Vacant Lot- $79,529 $199 $27 $23 $17.6818/$1,000 $1,406 11800 SW 69th Ave.. Vacant Lot- $79,529 $199 $27 $1,406 $17.6818/$1,000 $1,406 6835 SW Clinton St. Vacant Lot- $239,776 $603 $82 $70 $17.6818/$1,000 $4,240 11955 SW 68th Ave. Vacant Lot- $174,764 $439 $60 $51 $17.6818/$1,000 $3,090 11950 SW 69th Ave. Vacant Lot- $126,515 $318 $43 $37 $17.6818/$1,000 $2,237 11900 SW 69th Ave. Vacant Lot- $231,780 $582 $79 $67 $17.6818/$1,000 $4,098 6860 SW Clinton St. Village at $1,636,447 $4,113 $561 $475 $17.6818/$1,000 $28,935 Washington Square Single Family $214,627 $539 $74 $62 $17.6818/$1,000 $3,795 Home- 9330 SW Tangela Ct. Greenburg $1,628,100 $4,092 $558 $472 $17.6818/$1,000 $28,788 Oaks The Knoll @ $4,158,550 $10,451 $1,426 $1,206 $17.6818/$1,000 $73,531 Tigard Red Rock $4,124,319 $10,365 $1,414 $1,196 $17.6818/$1,000 $72,925 Creek Commons Woodland No assessed $17.6818/$1,000 Hearth value provided by Washington County Hawthorne $6,951,700 $17,470 $2,384 $2,016 $17.6818/$1,000 $122,919 Villa Total $19,831,205 $49,838 $6,800 $5,751 $350,651 Impact *Because these properties have been exempted from property taxation in the past,Washingto County does not show a current assessed value.These values are based on the Washington County ratio of assessed vs. real market value for all properties. • Tigard tax rate determined by City of Tigard and City of Tigard-After(bonds) and Local Option- (2.5131+0.3306+.2900) • Total tax rate located in Washington Co Listing by Tax Code 023.66 and includes school (operating), general gov (operating) and excluded from limitation. AIS-4880 5. Business Meeting Meeting Date: 03/15/2022 Length (in minutes): 10 Minutes Agenda Title: Amendment Number 01 to Right of Way Services Agreement No.34320 with ODOT for the Fanno Creek Trail Connections Project Authored By: Zach Morris Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Right of Way Services Agreement(ROWSA) lists the amount of funding programmed in the Statewide Transportation Improvement Program (STIP) for the right-of-way phase of the project. The STIP was recently amended to reflect an increase to the project's right-of-way phase cost estimate,resulting in the need to also amend the ROWSA,accordingly. ACTION REQUESTED Consider entering into the ROWSA Amendment with ODOT and authorize the City Manager to sign on the City's behalf. BACKGROUND INFORMATION The Fanno Creek Trail Connections Project(the Project) will construct three new segments of the Fanno Creek Trail (Woodard Park to Grant Avenue,Tigard Library to Milton Court,and 85th Avenue to Ki-a-Kuts Bridge) and improve the existing segment from Ash Avenue to Hall Boulevard. In October of 2016,the City entered into an IGA (Agreement 31030)with ODOT and Metro related to the project receiving federal-aid funding for a portion of the total project cost(the Project Agreement). The Project Agreement was amended by the parties in July 2017. The Project Agreement described the general scope and funding for the right of way activities to be carried out as would further be established under a required subsequent Right of Way Services Agreement. The City and ODOT entered into the Right-of-Way Services Agreement(Agreement 34320)in August 2020,which further defined the roles and responsibilities of the parties regarding real property to be used as part of the Project. Project changes have resulted in an increase to the Project's right-of-way phase cost estimate,necessitating amending both the STIP and the ROWSA. The Project aligns with the Trail System Plan as well as supports the City's strategic vision of becoming a walkable, healthy,and accessible community for everyone. ALTERNATIVES & RECOMMENDATION Council could elect to not approve signing of the ROWSA Amendment,which would result in the Project not being able to move ahead with acquiring the easements necessary to construct,use,and maintain the Fanno Creek Trail where currently designed under this Project. ODOT would then halt all work on the Project. While not guaranteed, there is a possibility that failure to sign the ROWSA Amendment could result in the City needing to refund the Federal Highway Administration (FHWA) the federal funds spent on the Project to date. The team recommends Council approves the ROWSA Amendment and authorizes the City Manager to sign on the City's behalf,allowing the Project to move forward ADDITIONAL RESOURCES Fiscal Impact Cost: TBD Budgeted(yes or no): yes Where Budgeted (department/program): CIP Project 92046—Fanno Creek Trail Connections Additional Fiscal Notes: The Project Agreement established the funding split between the federal-aid funding and the City's local share, including for the property acquisition phase. Approval of the ROWSA Amendment would increase the City's maximum allowable contribution to the right-of-way phase. Any actual additional costs resulting from this increased maximum in the ROWSA Amendment is able to be covered by the current CIP/Budget amounts,but the overall project budget will need to be increased accordingly. Once better estimates are available for both the right-of-way and construction phases,this increase will be requested through the formal budgeting process. Attachments ROWSA Amendment Original ROWSA Misc. Contracts and Agreements No. 34320 A136-G0092418 AMENDMENT NUMBER 01 RIGHT OF WAY SERVICES AGREEMENT Fanno Creek Trail: Woodard Park— Bonita Rd/85th Ave —Tualatin Br. City of Tigard This is Amendment No. 01 to the Agreement between the State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "Agency," entered into on August 7, 2020. It has now been determined by State and Agency that the Agreement referenced above shall be amended to increase the dollar amount of State's obligations under this Agreement. 1. Effective Date. This Amendment shall become effective on the date it is fully executed and approved as required by applicable law. 2. Amendment to Agreement. TERMS OF AGREEMENT, Paragraph 3 subparagraph a., Page 2, which reads: Under no condition shall State's obligations under this Agreement exceed $278,614.00, including all expenses, unless agreed upon by both Parties in writing in a fully executed amendment to this Agreement. This maximum is the amount programmed in the STIP for the right of way phase of the Project. Shall be deleted in its entirety and replaced with the following: Under no condition shall State's obligations under this Agreement exceed $500,000.00, including all expenses, unless agreed upon by both Parties in writing in a fully executed amendment to this Agreement. This maximum is the amount programmed in the STIP for the right of way phase of the Project. 3. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. 4. Original Agreement. Except as expressly amended above, all other terms and conditions of the original Agreement are still in full force and effect. Agency certifies that the representations, warranties and certifications in the original Agreement are Agency/State Agreement No. 34320-1 true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment. 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. This Project is in the 2021-2024 Statewide Transportation Improvement Program (STIP), (Key #19327) that was adopted by the Oregon Transportation Commission on July 15, 2020 (or subsequently by amendment to the STIP). CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By State Right of Way Manager Date Date By Date APPROVAL RECOMMENDED LEGAL REVIEW APPROVAL (If By required in Agency's process) Region 1 Right of Way Manager By Date Agency Counsel By Date Date Agency Contact: Zach Morris, Senior Project Engineer By 13125 SW Hall Blvd. Tigard, OR 97223 Date 503-718-2467 zacharym@tigard-or.gov APPROVED AS TO LEGAL SUFFICIENCY State Contact: Damon Gray, Right of Way Agent By N/A 123 NW Flanders Street Assistant Attorney General Portland, OR 97209 503-731-8425 Date: Damon.gray@odot.oregon.gov 2 Misc. Contracts and Agreements No. 34320 AD092-052620 INTERGOVERNMENTAL AGREEMENT FOR RIGHT OF WAY SERVICES Fanno Creek Trail: Woodard Park- Bonita Rd/85th Ave - Tualatin Br. THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" or "ODOT"; and CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually as "Party" and collectively as "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110, 366.572 and 366.576, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. Money so deposited shall be disbursed for the purpose for which it was deposited. 3. The State is responsible for delivering the Fanno Creek Trail: Park - Bonita Rd./85th Ave. - Tualatin River Br. project ("Project") under IGA Agreement Number 31030 executed on 10/6/16 ("Project Agreement") attached hereto as Exhibit C and by this reference made a part hereof. 4. This Agreement covers a subset of the work set forth in the Project Agreement; therefore, the Project Agreement describes the general scope and funding for the right of way activities carried out under this Agreement. This Agreement further defines the roles and responsibilities of the Parties regarding real property to be used as part of the right of way for the Project, and further refines the details of the scope and funding for these right of way activities 5. As of the Effective Date of this Agreement, there are no local public agencies ("LPAs") certified to independently administer federal-aid projects for right of way services. State is ultimately responsible for the certification and oversight of all right of way activities under this Agreement. - 1 - 34320 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. Under such authority, to accomplish the objectives in the Project Agreement State agrees to perform the right of way Services shown in Exhibit A - Special Provisions ("Services"), attached hereto and by this reference made a part hereof. 2. The Parties agree to comply with the terms of this Agreement and the applicable terms of project agreement in performing the Services. In the event of a direct conflict, the terms of the Project Agreement will control over any conflicting provision in this Agreement. 3. The funding and payment for the Services are set forth in the Project Agreement. This Agreement commits no additional funding for the Services. a. Under no condition shall State's obligations under this Agreement exceed $278,614.00, including all expenses, unless agreed upon by both Parties in writing in a fully executed amendment to this Agreement. This maximum is the amount programmed in the STIP for the right of way phase of the Project. i. Agency agrees to reimburse State for all expenses, including salaries and other personnel expenses (OPE) of State employees performing Services, direct costs, costs of rental equipment used, travel expenses, and per-diem expenditures. Travel expenses shall be reimbursed in accordance with the current Oregon Department of Administrative Services rates as contained in the Oregon Accounting Manual (OAM), which can be found at: https://www.oregon.gov/das/Financial/Acctnq/Documents/40.10.00.pdf. ii. For Services provided under this Agreement, Agency may satisfy its funding requirement through a contribution of real property for the Project. Credit for this contribution will only be allowed if the contribution complies with all requirements of 23 CFR 710.501 and 710.507 and if written approval is obtained from State's Active Transportation Section, Program and Funding Services Manager and FHWA prior to the start of the right of way phase of the Project and after review for compliance with State's procedures for donations and contributions. 4. Exhibits Attached and Incorporated. a. This Agreement includes the following exhibits, each of which is attached and incorporated into this Agreement by reference as though fully set forth herein: • Exhibit A— Special Provisions • Exhibit B — Resolution Exercising The Power of Eminent Domain • Exhibit C - Project Agreement 31030 - 2 - 34320 5. This Agreement becomes effective on the date all required signatures are obtained ("Effective Date"). Services shall begin on or after the Effective Date and shall be completed no later than 20 years after signature date, on which date this Agreement automatically expires unless extended by a fully executed amendment. 6. Both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and implemented through Title 49, Part 24, ORS Chapter 35 and the ODOT Right of Way Manual, located at https://www.oregon.gov/ODOT/ROW/Documents/ROW-Manual.pdf and incorporated herein by this reference. Each Party will require its contractors and subcontractors, if any, to comply with this provision. STATE OBLIGATIONS 1. State shall perform the Services assigned to State in Exhibit A. 2. State's right of way contact person for this Agreement is Damon Gray, Right of Way Agent. 123 NW Flanders St. Portland, OR 97209. 503-731-8425, Damon.gray(c�odot.state.or.us , or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact changes during the term of this Agreement. AGENCY OBLIGATIONS 1. Agency shall perform the Services assigned to Agency in Exhibit A. All Services provided by Agency shall comply with ODOT's Right of Way Manual in effect at the time the Services are performed. 2. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency's current appropriation or limitation of current budget. Agency is willing and able to finance its share of all costs and expenses incurred under this Agreement up to the maximum amount set forth in Terms of Agreement Paragraph. 3. Agency's performance of Services. a. In performing Services under this Agreement, Agency may utilize qualified individuals from Agency's staff or the Staff of another local public agency, as described in the ODOT Right of Way Manual and approved by the State's Region Right of Way Office. b. Agency may also request State act as the lead contracting agency and deliver a consultant contract on behalf of Agency, using consultants from State's Full Service Architectural and Engineering (A&E) Price Agreement 2 Tier Selection Process, as applicable. Tier 2 procurements must be requisitioned through State's Local Agency Liaison (LAL) with solicitation process administered by State's Procurement Office. Forms and procedures for Tier 2 process are located at: https://www.oregon.gov/ODOT/Business/Procurement/FS/tier2guide.doc - 3 - 34320 c. Agency's needed right of way services may be performed by utilizing appraiser Services procured by Agency from State's Qualified Appraiser List (online at: https://www.oregon.gov/ODOT/ROW/Documents/Appraisal_Qualified-Consultant- List.pdf) or other right of way related Services procured by Agency from any source of qualified contractors or consultants. d. Contractor selections under Agency Obligations, Paragraphs 3.c above may be based on price alone, price and qualifications, or qualifications alone followed by negotiation. Federally funded procurements carried out by Agency for right of way Services must be conducted under State's certification program for consultant selection and must comply with requirements in the LPA A&E Requirements Guide, and must use the State's standard A&E Contract Template for LPAs which may be modified to include State-approved provisions required by Agency. State and locally funded procurements carried out by Agency must comply with applicable State rules and statutes for A&E "Related Services" (Agency may use its own contract document). The LPA A&E Requirements Guide and A&E Contract Template are available at: https://www.oregon.gov/ODOT/Business/Procurement/Paqes/LPA.aspx. 4. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260 ("Claims"), to the extent such Claims are caused, or alleged to be caused, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor. It is the specific intention of the Parties that State shall, in all instances, except to the extent Claims arise solely from the negligent or willful acts or omissions of State, be indemnified from and against all Claims caused or alleged to be caused by the contractor or subcontractor. 5. Any such indemnification shall also provide that neither the Agency's contractor or subcontractor nor any attorney engaged by Agency's contractor or subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 6. Agency shall perform all Services under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of - 4 - 34320 individuals to perform the Services under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 7. When Agency is performing Services under this Agreement, Agency shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. Agency shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction. 8. Agency certifies and represents that all individuals signing this Agreement have been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 9. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 10.Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the Services under this Agreement, including, without limitation, the provisions of ORS 2796.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 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. 11.Agency shall upon State's request provide copies of any required documentation related to the Services as described in Exhibit A. 12.Agency's right of way contact person for this Agreement is Zach Morris, 13125 SW Hall Blvd. Tigard, OR 97223, 503-718-2467, Zacharym@tigard-or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS: 1. Termination. - 5 - 34320 a. This Agreement may be terminated by mutual written consent of both Parties. b. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing, and delivered by certified mail or in person, under any of the following conditions: i. If either Party fails to provide Services called for by this Agreement within the time specified herein or any extension thereof. ii. If either Party fails to perform any of the other provisions of this Agreement or so fails to pursue the Services as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice fails to correct such failures within ten (10) days or such longer period as may be authorized. c. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: i. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. ii. If Agency fails to provide payment of its share of the cost of the Project. iii. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this Agreement is prohibited or State is prohibited from paying for such Services from the planned funding source. d. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 2. All employers that employ subject workers who perform Services under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Both Parties shall ensure that each of its subcontractors complies with these requirements. 3. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own - 6 - 34320 choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 4. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 5. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 6. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 7. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. - 7 - 34320 8. Agency and State are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or will be construed to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 9. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 10.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall 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 shall constitute an original. 11.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 shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. 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 State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 12.Survival. All rights and obligations of the Parties under this Agreement will cease upon termination or expiration of this Agreement, other than the rights and obligations of the parties that by their nature or express terms survive termination or expiration of this Agreement. 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. Signature Page to Follow - 8 - 34320 CITY OF TIGARD, by and through its officials STATE RF OREGON, by and through its DepartmentT t isportation By % -09 BY . State Rig o ' ay Manager Date 6/30/2020 __ _--- — Date By APPROVAL RECOMMENDED Date _.� Bye%` (Tr J \ oi/9 9 Y 9Re ion 1 Ri ht of Wa Mana er LEGAL REVIEW APPROVAL (If required in Agency's process) Date 8/3/2020 By !f G — — By Agency's Co _nsel Date 6/i30/i2,9) Date Agency Contact: APPROVED AS TO LEGAL SUFFICIENCY Zach Morris. Senior Project Engineer By N/A 13125 SW Hall Blvd. Assistant Attorney General Tigard, OR 97223 503-718-2467 Date zacharym@tigard-or.gov APPROVED State Contact: (If Litigation Services related to Condemnation Damon Gray. Right of Way Agent are to he done by State) 123 NW Flanders St Portland OR 97209 503-731-8425 Damon.gray@odot.state.or-us By N/A Chief Trial Counsel Date - 9 - Exhibit A SPECIAL PROVISIONS Right of Way Services A. Preliminary Phase: State or Agency shall perform the Services outlined in this Section A during the preliminary right of way phase of the Project as identified below. When Services listed under this Section A are performed by Agency, Agency shall charge the Services as preliminary engineering expenditures. 1. State shall prepare preliminary cost estimates. 2. State shall make preliminary contacts with property owners. 3. State shall gather and prepare data for environmental documents. 4. State shall develop access and approach road list. 5. State shall help prepare field location and project data as defined in the Project Agreement. 6. Title. State shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. 7. Legal Descriptions: a. State shall prepare sufficient horizontal control, recovery and retracement surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. State shall prepare construction plans and cross-section information for the Project. c. State shall write legal descriptions and prepare right of way maps. If the Agency acquires any right of way on a State highway, the property descriptions and right of way maps shall be based upon centerline stationing and shall be prepared in accordance with the current ODOT Right of Way Engineering Manual, located at https://www.oregon.gov/ODOT/ETA/Documents Geometronics/ROW-Enq- Manual.pdf and incorporated herein by reference. The preliminary and final versions of the property descriptions and right of way maps must be reviewed and approved by the State. d. State shall specify the degree of title to be acquired (e.g., fee, easement), which must be determined in accordance with the current ODOT Right of Way Manual. 8. Hazmat: a. State shall conduct a Level 1 Initial Site Assessment, according to State Guidance, within Project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the Project design as possible, but at a minimum prior to property acquisition or approved design. - 10 - 34320 b. State shall conduct a Level 2 Preliminary Site Investigation, according to ODOT's Hazmat Program Procedures Guidebook and other applicable requirements of the Oregon Department of Environmental Quality, of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Initial Site Assessment indicates the potential presence of contamination that could impact the properties. If contamination is found, State will promptly disclose the severity and extent of contamination to Agency and present a recommendation for remediation to Agency as set forth in ODOT's Right of Way Manual Section 6.330 paragraph 2. c. Agency shall attempt to have the property owner undertake any necessary remediation at the property owner's expense. Other options are set forth in ODOT's Right of Way Manual section 6.330 paragraph 2.b. If Agency undertakes any remediation on the site, Agency will be solely responsible for any liability that may arise from such remediation. B. Right of Way Phase: State or Agency shall perform the Services outlined in this Section B during the acquisition right of way phase of the Project as identified below. When Services listed under this Section B are performed by Agency, Agency shall charge the Services as right of way expenditures. 1. Right of Way Acquisition: a. Right of Way Acquisition is the process of obtaining property necessary for the Project, from negotiation to possession of the property, using various sub-processes including, but not limited to appraisal, negotiation, condemnation, relocation, title closing, and project related property management related to the potential exercise of eminent domain. The basic requirements for carrying out right of way acquisition for the Project are set forth in this Section B. b. When performing the right of way acquisition Services, State shall provide Agency with a monthly status report of the Services. c. Title to properties acquired shall be in the name of Agency. d. The Agency shall adopt a resolution of intention and determination of necessity in accordance with ORS 35.235 and ORS 35.610, authorizing acquisition and condemnation ("Resolution"). Agency's Resolution shall be substantially in the form of Exhibit B, attached hereto and by this reference made a part hereof. 2. Real Property and Title Insurance: a. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current ODOT Right of Way Manual, and after obtaining State's concurrence. Agency shall clear any encumbrances necessary to - 11 - 34320 conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. b. Agency shall accept conveyed property "as-is" in accordance with ORS 93.808. State is not required to provide any additional Services to Agency, including but not limited to payment, documentation, platting, surveying, or remediation, beyond those specifically set forth in this Agreement. 3. Appraisal: a. State shall conduct the valuation process of properties to be acquired. If hazardous materials are located on the property, State shall use section 6.330, paragraph 2 in ODOT's Right of Way Manual. b. State shall perform the appraisal reviews to set just compensation. c. Agency shall recommend just compensation, based upon a review of the valuation by qualified personnel. 4. Negotiations: a. Agency shall tender all monetary offers to landowners in writing at the compensation shown in the appraisal review. Agency shall have sole authority to negotiate and make all settlement offers. When settlements for property acquisitions are made for more or less than the approved just compensation amount, a justification is required. Said statement will include the consideration of any property trades, construction obligations and zoning or permit concessions. If Agency performs this function, it will provide State with all pertinent letters, negotiation records and obligations incurred during the acquisition process. b. State and Agency shall determine a date for certification of right of way and agree to cosign the State's Right of Way Certification form. State and Agency agree possession of all right of way is complete prior to advertising for any construction contract, unless otherwise agreed to by Agency and State. c. Agency agrees to file all Recommendations for Condemnation (Form 734-3311 and accompanying documents) with the court at least seventy (70) days prior to the right of way certification date if negotiations have not been successful on those properties. 5. Relocation: - 12 - 34320 a. State shall perform any relocation assistance, make replacement housing computations, and do all things as required by applicable state and federal law necessary to relocate any persons displaced by the Project. b. Agency shall determine all relocation benefits each property owner is eligible for and shall make all relocation and moving payments. c. Agency shall facilitate the relocation appeal process. C. Closing Phase 1. Agency shall close all transactions. This includes drawing of deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. When State is providing Services as a consultant for the Agency, State shall submit all signed Final Report packets, information required by the Uniform Act, and agreements to the Agency. 2. Upon acceptance by Agency the conveyance documents shall be recorded. D. Property Management 1. Agency shall take possession of all the acquired properties. There shall be no encroachments of buildings or other private improvements allowed upon the State highway right of way. 2. State shall dispose of all improvements and excess land consistent with applicable state, federal, and local laws and policies. 3. State shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector. E. Condemnation 1. Agency may offer mediation if the Agency and property owners have reached an impasse. 2. Agency shall perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters. 3. Agency shall perform all legal and litigation Services related to the condemnation process. Agency agrees to pass a resolution substantially in the form attached hereto as Exhibit B specifically identifying the property being acquired. - 13 - 34320 F. Transfer of Right of Way to State When right of way is being acquired in Agency's name, Agency agrees to transfer and State agrees to accept all right of way acquired on the State highway. Agency shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the Agency and the State at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. Agency agrees to provide the State all information and file documentation the State deems necessary to integrate the right of way into the State's highway system. At a minimum, this includes: copies of all recorded conveyance documents used to vest title in the name of the Agency during the right of way acquisition process, and the Agency's Final Report or Summary Report for each acquisition file that reflects the terms of the acquisition and all agreements with the property owner(s). G. Transfer of Right of Way to Agency When right of way is being acquired in State's name, State agrees to transfer and Agency agrees to accept, at no additional cost to the State, all right of way acquired on the Agency's facility, subject to concurrence from the Oregon Transportation Commission and FHWA at the time of the transfer. State shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. - 14 - 34320 EXHIBIT B RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN Right of Way Services (Instructions, please delete before completing form)Regions: This portion of the document is unlocked. The LPA should block and copy to incorporate this language into their own standard resolution form OR fill in an "attested to" line or signature line at the bottom and use this form. WHEREAS (insert title of agency) may exercise the power of eminent domain pursuant to (Agency's charter) (statutes conferring authority) and the Law of the State of Oregon generally, when the exercise of such power is deemed necessary by the (insert title of agency)'s governing body to accomplish public purposes for which (insert title of agency) has responsibility; WHEREAS (insert title of agency) has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public; WHEREAS the project or projects known as (insert Project name) have been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and WHEREAS to accomplish the project or projects set forth above it is necessary to acquire the interests in the property described in "Exhibit A" attached to this Resolution and, by this reference incorporated herein; now, therefore, BE IT HEREBY RESOLVED by (Agency's Council, Commission, or Board) 1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury; 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A to this Resolution. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law; 3. ([Insert title of Agency]'s staff and [attorney/counsel] --OR-- (The Oregon Department of Transportation and the Attorney General) are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the (Agency's Council, Commission, or Board). 4. (insert title of agency) expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. DATED this day of , 20_ [insert signature blocks here] - 15 - 34320 Attachments: Exhibit A to Agency Resolution Exercising the Power of Eminent Domain — Property Description - 16 - 34320 Exhibit A to Agency Resolution Exercising the Power of Eminent Domain — Property Description [insert property description] - 17 - 34320 Exhibit C [For Funding Options 1 & 2 = Project Agreement/ For Funding Option 3 = Project Location] [insert appropriate document] - 18 - 34320 Misc. Contracts and Agreements No. 31030 AMENDMENT NUMBER 01 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Fanno Creek Trail: Woodard Park-Bonita Rd/85th Ave-Tualatin Br. This is Amendment No. 01 to the Agreement between the State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as "State," and the Portland Urbanized Area Metropolitan Planning Organization, acting by and through its elected officials, hereinafter referred to as "Metro," and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," entered into on October 10, 2016. It has now been determined by State and Metro and Agency that the Agreement referenced above shall be amended to extend all milestones, adjust funding amounts to match revised MTIP, shift CMAQ funds from Tigard's Main Street Green Street Project to this Project, update language, update State's Project Manager, and update Metro's Contact for this Project. 1. Effective Date. This Amendment shall become effective on the date it is fully executed and approved as required by applicable law. 2. Amendment to Agreement. Terms of Agreement, Paragraph 2, Page 2, which reads: 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $4,847,877, which is subject to change. The CMAQ funds are limited to $4,350,000. The Project will be financed with CMAQ funds at the maximum allowable federal participating amount, which is 89.73 percent, with Agency providing the 10.27 percent match for eligible costs and paying for any non-participating costs, including all costs in excess of the available federal funds. Agency is not guaranteed the use of unspent funds. Moving funds between phases requires the approval of State's CMAQ Program Manager. Shall be deleted in its entirety and replaced with the following: 2. The total Project cost is estimated at $4,905,187, which is subject to change. The federal funds are limited to $4,401,424. The Project will be financed with federal funds at the maximum allowable federal participating amount, which is 89.73 percent, with Agency providing the 10.27 percent match for eligible costs and paying for any non-participating costs, including all costs in excess of the available federal funds. Agency is not guaranteed the use of unspent funds. Moving funds between phases requires the approval of State's CMAQ Program Manager. Key No. 19327 Agency/State/Metro Agreement No. 31030-01 Insert new TERMS OF AGREEMENT, Paragraph 25, 26, 27, and 28 to read as follows: 25. When the Project scope includes work on sidewalks, curb ramps, or pedestrian-activated signals or triggers an obligation to address curb ramps or pedestrian signals, shared use path, the Parties shall: a. Utilize ODOT standards to assess and ensure Project compliance with the Americans with Disabilities Act of 1990 (ADA), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; b. Follow ODOT's processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; c. At Project completion, send an ODOT Curb Ramp Inspection Form 734- 5020 to the address on the form as well as to State's Project Manager for each curb ramp constructed, modified, upgraded, or improved as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and instructions are available at the following address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Paqes/HwyConstF ormsl.aspx; 26. Agency shall, at its own expense, maintain and periodically inspect any sidewalks, curb ramps, and pedestrian-activated signals on portions of the Project under Agency's maintenance jurisdiction upon Project completion and throughout the useful life of the Project to ensure continuing compliance with the ADA. This provision shall survive termination of this Agreement. 27. Agency shall ensure compliance with the Cargo Preference Act and implementing regulations (46 CFR Part 381) for use of United States-flag ocean vessels transporting materials or equipment acquired specifically for the Project. Strict compliance is required, including but not limited to the clauses in 46 CFR 381.7(a) and (b) which are incorporated by reference. State and Agency shall also include this requirement in all contracts and ensure that contractors include the requirement in their subcontracts. 28. By signing this Federal-Aid Agreement Agency agrees to comply with the provisions of the Federal Funding Accountability and Transparency Act (FFATA) and is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf. If, in the preceding fiscal year, Agency received more than eighty (80%) of its gross revenues 2 Agency/State/Metro Agreement No. 31030-01 from the federal government, those federal funds exceed $25,000,000 annually, and the public does not have access to information about the compensation of executives through reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986, Agency shall report the total compensation and names of its top five executives to State. Agency shall report said information to State within fourteen (14) calendar days of execution of this Agreement and annually thereafter, utilizing the FFATA form attached hereto as Exhibit "D". EXHIBIT B, Paragraph 1, Page 10, which reads: 1. Proiect Description The Project includes design and construction of four segments of shared-use path that are part of the regional Fanno Creek Trail system. A 12 foot wide paved path with structures is assumed for all four segments unless State determines that conditions such as environmental constraints justify a narrower section in a specific area. Path width will include a minimum one-foot shy distance along all structures with railings and in all areas with an adjacent vertical barrier. A one foot shoulder on either side of the trail will be required where no structures exist. Shall be deleted in its entirety and replaced with the following: 1. Project Description The Project includes design and construction of four segments of shared-use path that are part of the regional Fanno Creek Trail system. A 12 foot wide paved path with shoulders and structures is assumed for all four segments unless State determines that conditions such as environmental constraints justify a narrower section in a specific area. Path width will include a minimum one-foot shy distance along all structures with railings and in all areas with an adjacent vertical barrier. EXHIBIT B, Paragraph 4, Page 10, which reads: 4. Project Milestones — The Parties agree that the dates shown in Table 1 constitute the intended schedule for advancing and completing the Project. Project Milestones may only be changed through amendment of this Agreement, after obtaining an approved Project Change Request. Table 1: Project Milestones Milestone Description Completion Date 3 Agency/State/Metro Agreement No. 31030-01 1 Obligation (Federal Authorization) of Federal funds for the December 31, 2016 Preliminary Engineering phase of the Project 2 Obligation (Federal Authorization) of Federal Funds for the September 30, 2017 Right of Way phase of the Project (if needed) 3 Obligation (Federal Authorization) of Federal for the February 28, 2019 Construction phase of the Project Shall be deleted in its entirety and replaced with the following: 4. Project Milestones — The Parties agree that the dates shown in Table 1 constitute the intended schedule for advancing and completing the Project. Project Milestones may only be changed through amendment of this Agreement, after obtaining an approved Project Change Request. Table 1: Project Milestones Milestone Description Completion Date 1 Obligation (Federal Authorization) of Federal funds for the December 31, 2017 Preliminary Engineering phase of the Project 2 Obligation (Federal Authorization) of Federal Funds for the December 31, 2018 Right of Way phase of the Project (if needed) 3 Obligation (Federal Authorization) of Federal for the December 31, 2019 Construction phase of the Project ATTACHMENT NO. 1, FEDERAL STANDARD PROVISIONS on page 15 shall be amended to read ATTACHMENT NO. 2, FEDERAL STANDARD PROVISIONS Terms of Agreement, Paragraph 22, Page 5, which reads: 22.State's Project Manager for the Agreement is Michele Thom, Local Liaison, 123 NW Flanders, Portland, OR 97209, 503-731-8279, Michele.r.thom@odot.state.or.us, or assigned designee upon absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Shall be deleted in its entirety and replaced with the following: 22. State's Project Manager for the Agreement is Justin Shoemaker, R1 Local Agency Liaison, 123 NW Flanders Street, Portland, Oregon 97209, (503) 731- 8486, justin.d.shoemaker(a odot.state.or.us, or assigned designee upon absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Terms of Agreement, Paragraph 24, Page 5, which reads: 4 Agency/State/Metro Agreement No. 31030-01 24. Metro's Contact for this Project is Robert Spurlock, Senior Regional Planner, 600 NE Grand Ave, Portland, OR, 97232, (503) 813-7560, Robert.Spurlock(a�oregonmetro.gov, or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Shall be deleted in its entirety and replaced with the following: 24. Metro's Contact for this Project is Olena Turula, Senior Regional Planner, 600 NE Grand Ave, Portland, OR, 97232, (503) 813-7542, Olena.Turula@oregonmetro.gov, or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. Insert new Exhibit D, Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting 3. Counterparts. This Amendment may be executed in two or more counterparts (by facsimile or otherwise) each of which is an original and all of which when taken together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. 4. Original Agreement. Except as expressly amended above, all other terms and conditions of the original Agreement are still in full force and effect. Agency certifies that the representations, warranties and certifications in the original Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of this Amendment. 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. This Project is in the 2015-2018 Statewide Transportation Improvement Program (STIP), (Key #19327) that was adopted by the Oregon Transportation Commission on December 18, 2014 (or subsequently approved by amendment to the STIP). SIGNATURE PAGE TO FOLLOW 5 Agency/State/Metro Agreement No. 31030-01 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials.'' its Department of Transportation NI By By Mayor {{ , (i n Highway Division Administrator- Date dministrator Date J (u 1 ( �' J — — Date LEGAL REVIEW APPROVAL (If required in Agency's process) APPROVAL RECOMMENDED By / iw - By City Attorriey Region 1, Manager Date — I t n? H Date CMAQ Program Manager or Agency Contact: Active Transportation Section Manager Mike McCarthy, Project Manager 13125 SW Hall Blvd By Tigard, OR 97223 Region 1 Project Services Manager 503-718-2462 nri};crri(tc7tigard-or.ctov Date METRO, by and through its elected APPROVED AS TO LEGAL officials SUFFICIENCY By Date (////07 Assistant Attorney Genera! Date: LEGAL REVIEW APPROVAL (If required in Agency'- •rocess) State Contact: Justin Shoemaker, Local Agency Liaison By ail _ ' _ _ 123 NW Flanders City Attorn: Portland, OR 97209 _ 503-731-8486 Date ) L1 v,L l S 20 Justin.d.shoemaker( odot.state.or.us Metro Contact: Olena Turula, Senior Regional Planner 600 NE Grand Ave Portland, OR 97232 503-813-7560 Olena.l urulaa oregonmetro.gov • 6 Agency/State/Metro Agreement No.31030-01 CITY OF TIGARD, by and through its STATE OF OREGON,by and through elected officials Its tap ; a of Transportation By B - J Mayor Highway Division Administrator Date Date `713 I \17 LEGAL REVIEW APPROVAL (If required in Agency's process) APPROVAL RECOMMENDED By By City Attorney Region 1, Manager 7 jr-2v 7 • Date Date CMAQ Program anager or Agency Contact: Active Tra spo tion Section Manger Mike McCarthy, Project Manager 13125 SW Hall Blvd By 1k1.4,4 NU,r�,.r�� Tigard, OR.97223 Region 1 Pro ect Services Manager 503-718-2462 / mikemettigard-or.cov Date 67 /111-2 METRO, by and through its elected APPROVED AS TO LEGAL. officials SUFFICIENCY By B • A. tant •ttorney General Date Date; 6/e/ i - LEGAh.REVIEW APPROVAL (If required in Agency's process) State Contact: Justin Shoemaker, Local Agency Liaison By 123 NW Flanders City Attorney Portland, OR 97209 503-731-8486 Date )uslin.d. hoemakerCa7odot,,state.or.us Metro Contact: Olena Turula,Senior Regional Planner 600 NE Grand Ave Portland,OR 97232 503-813-7560 Ole�a.Tu u_ l� aCcoreponmetro.aoy 6 State/Metro/Agency Agreement No. 31030-01 Exhibit D Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting (For purposes of this Exhibit, references to"your organization"shall mean"Agency"and references to"ODOT"shall mean"State.") The Oregon Department of Transportation (ODOT) is required to fulfill a federal requirement for contracting under the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). FFATA reporting is a requirement for subawards (also known as subrecipients) of federal awards in excess of$25,000. Your organization will enter into an agreement with ODOT where the funding source is a federal grant with a subrecipient relationship. Your organization is required to submit the information below to the Oregon Department of Transportation within fourteen calendar days of execution of the Agreement and annually thereafter, if applicable. (See the following page for further details.) Legal entity name: Data Universal Number System (DUNS) number: Executive compensation Executive compensation information is also required to determine whether or not the following information must be reported in FSRS: a. In your organization's previous fiscal year, did your organization receive 80% or more of its annual gross revenue and $25,000,000 or more in federal procurement contracts, subcontracts, loans, grants, subgrants, cooperative agreements and federal financial assistance awards subject to the Transparency Act? (Include parent organization, all branches, and all affiliates worldwide.) ❑ Yes ❑ No If"yes," proceed to b. If"no," no further action is required and submittal of this form is not required. b. Does the public have access to information about the compensation of the senior executives in your organization (including parent organization, all branches, and all affiliates worldwide)through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If"yes," provide a link to the SEC: http://www.sec.gov where this information is located and return form to the ODOT contact shown at the bottom of this form. Provide link here: If"no," provide compensation information below. Names and annual compensation amounts of the five most highly compensated executives: 1. $ 2. $ 3. $ 4. $ 5. $ Business entity contact information (person completing form): Type name Title Date Return completed form to: Jeff Flowers, Program and Funding Services Manager; Oregon Department of Transportation; 555 13th Street NE; Salem, OR 97301;Jeffrey.A.FLOWERS@odot.state.or.us 734-5075 (10-28-2016) 1 State/Metro/Agency Agreement No. 31030-01 Background on FFATA requirements The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent is of the Act is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Definition of compensation Your organization is considered a subrecipient of federal funds. Unless your organization is exempt, FFATA requires you to report total compensation for each of your five most highly compensated executives for the preceding completed year. Total compensation means the cash and non-cash dollar value earned by the executive during the subrecipient's preceding fiscal year and includes the following: salary and bonus; awards of stock, stock options, and stock appropriation rights; earnings for services under non-equity incentive plans; change in pension value; above-market earnings on deferred compensation which is not tax-qualified; and other compensation as defined in 2 CFR Part 170, Section 170.330(b)(5)(vi). More detailed information about the FFATA can be found at: http://edocket.access.gpo.gov/2010/pdf/2010- 22705.pdf If you have any questions, contact: Jeff Flowers Program and Funding Services Manager Oregon Department of Transportation 555 13th Street NE Salem, OR 97301 Jeffrey.A.FLOWERS@odot.state.or.us Telephone: 503-986-4453 2 Misc. Contracts and Agreements No. 31030 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Fanno Creek Trail: Woodard Park-Bonita Rd/85th Ave-Tualatin Br. THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the Portland Urbanized Area Metropolitan Planning Organization, acting by and through its elected officials, hereinafter referred to as "Metro," and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments 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. 2. The Fanno Creek Trail is part of the Metro Regional trail system. It serves as the main north-south cycling and walking route in this portion of the Metro area and is the parallel cycling and walking route to Interstate 5 and OR217. The sections from Woodard Park to Bonita Road and from 85th Avenue to the Tualatin River (Ki-a-Kuts) Bridge are under the jurisdiction of Agency. 3. A portion of this trail will be constructed on property currently owned by Metro. NOW THEREFORE the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: DEFINITIONS 1. "Contract Award" (construction projects) means the issuance of a Notice to Proceed (NTP) to the construction contractor. 2. "Contract Time" means amount of time for completing the bid item work under the contract. 3. "Establishment Period" means the time specified to assure satisfactory establishment and growth of planted materials. 4. "Final Acceptance" means written confirmation by Agency and State that the project has been completed according to the contract, with the exception of latent defects and warranty obligations, if any, and has been accepted. 5. "Final Payment" the amount of final payment will be the difference between the total amount due the contractor and the sum of all payments previously made. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 6. "Obligation" means approval of funding that allows a project to commence with spending. Key No. 19327 State/Agency/Metro Agreement No. 31030 7. "Project Close-Out" means project is ready to close as there are no more expenditures associated with project. 8. "Second Notification" means written acknowledgment by the Engineer of the end of Contract Time in accordance with ODOT Standard Specification 000180.50(g). 9. "Third Notification" written acknowledgment by the Engineer, subject to Final Acceptance, that as of the date of the notification the Contractor has completed the Project according to the Contract, including without limitation completion of all minor corrective work, Equipment and plant removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the Contract. TERMS OF AGREEMENT 1. Under such authority, State, Agency and Metro agree to State constructing approximately 8,800 feet of paved shared-use path at four (4) sections of the Fanno Creek Trail, including bridges and boardwalk structures, and mitigation, hereinafter referred to as "Project." The location of the Project is approximately as shown on the map attached hereto, marked "Exhibit A — Project Location Maps 1 and 2," and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $4,847,877, which is subject to change. The CMAQ funds are limited to $4,350,000. The Project will be financed with CMAQ funds at the maximum allowable federal participating amount, which is 89.73 percent, with Agency providing the 10.27 percent match for eligible costs and paying for any non-participating costs, including all costs in excess of the available federal funds. Agency is not guaranteed the use of unspent funds. Moving funds between phases requires the approval of State's CMAQ Program Manager. 3. The scope, schedule, progress report requirements, and Project Change Request process are described in Exhibit B, attached hereto and by this reference made a part hereof. Agency agrees to the conditions set forth in Exhibit B. 4. Metro grants State and Agency the right to enter onto Metro property for the performance of duties as set forth in this Agreement. Agency grants State the right to enter onto Agency property for the performance of duties as set forth in this Agreement. 5. State will submit the requests for federal funding to the Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. 6. Agency shall comply with the requirements of Buy America 23 CFR 635.410. 7. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 2 State/Agency/Metro Agreement No. 31030 8. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 9. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of State, be indemnified by the contractor and subcontractor from and against any and all Claims. 10. Any such indemnification shall also provide that neither Agency's contractor and subcontractor nor any attorney engaged by Agency's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 11. This Agreement may be terminated by mutual written consent of the Parties. 12. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its 3 State/Agency/Metro Agreement No. 31030 reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 13. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 14. Information required by 2 CFR 200.331(a), except for (xiii) Indirect cost rate, shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by State to Agency with the Notice to Proceed. The indirect cost rate for this project, at the time the agreement is written, is 156 percent and may change upon notice to State and State's subsequent written approval. Agency may have other indirect cost rates for departments and or disciplines that have been approved for use by their cognizant agency and State and these rates may be used on the Project, as applicable. 15. Agency and Metro shall each separately, upon completion of the Project and as a condition to this Agreement, complete and file with the appropriate County Clerk, "Memorandum of Agreement and Acknowledgment of Federal Assistance," substantially in the form of Exhibit C attached hereto and by this reference made a part hereof. Agency and Metro shall each provide confirmation of this filing by forwarding to State's Contact a notarized copy of the recorded Memorandum of Agreement and Acknowledgment of Federal Assistance. By means of said acknowledgment of Agency financial obligations, the continued use of said property for public purposes, and the maintenance of the facility or service at a level consistent with normal depreciation or demand or both is recognized and attached to the property as conditions. Any interest in said property by State is proportional to the federal state funding participation in Project. While in default of conditions of this Agreement, Agency will be ineligible to receive federal or state funds from any Active Transportation managed administered program for any project on a street, road or property. The Memorandum of Agreement and Acknowledgment of Federal Assistance shall remain in place for the useful life of Project identified in the Special Provisions. State acknowledges that such interest shall not be deemed a lien, mortgage, deed of trust or other security instrument or interest granted by Agency and Metro for security purposes. 16. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 17. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program 4 State/Agency/Metro Agreement No. 31030 requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to FHWA, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 18. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 19. Agency and Metro certify and represent that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency or Metro, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 20. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall 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 shall constitute an original. 21. 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 shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. 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 State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 22. State's Project Manager for the Agreement is Michele Thom, Local Liaison, 123 NW Flanders, Portland, OR 97209, 503-731-8279, Michele.r.thom(c�odot.state.or.us or assigned designee upon individual's absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 23. Agency's Project Manager for this Agreement is Mike McCarthy, Project Manager, 13125 SW Hall Blvd., Tigard, OR 97223, 503-718-2462, mikem(c�tigard-or.qov or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 24. Metro's Contact for this Project is Robert Spurlock, Senior Regional Planner, 600 NE Grand Ave, Portland, OR, 97232, (503) 813-7560, Robert.Spurlock(a7oregonmetro.gov, or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 5 State/Agency/Metro Agreement No. 31030 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. This Project is in the 2015-2018 Statewide Transportation Improvement Program (STIP), (Key #19327) that was adopted by the Oregon Transportation Commission on December 18, 2014 (or subsequently by amendment to the STIP). SIGNATURE PAGE TO FOLLOW 6 Y . State/Agency/Metro Agreement No,31030 CITY OF TIGARD,by and through Its STATE OF OREGON, by and through elected officials Its D:•. i r of rransportation By By JmiliP w. Hi.�wey 0`'Ioh Administrator Title i Date e- /6/6, J 16 Date APPROVAL RECOMMENDED • APPROVED AS TO LEGAL '.''Z''' SUFFICIENCY By �►^ Region 1 Manag By City Attorney Date 10--(7")/C Date C (' By '},, Cs , CMAQ Program anagerr ! Astancy Cojitact Active Transportation Section Manager 1 Mike McCarthy, Project Manager WDt ; r 13125 SW Hall Blvd. Date s 0;1Tigard, UR 97223 _.�/ -�. .,...-. : ' 503-718-2482 By :r'' s`yi.Aw, ltt-t1.4�G mikemCdttigard-or.gov Regiori 1 Project Services Manager METRO, by and through its elected Date iU -- 0# -/6 i officials API' OVER T LEGAL BY 8t1)' CIXC Title B 0 0Z Y Assist t Attorney G neral APPROVED AS TO LEGAL SUFFICIENCY Date C13-.Li I Y By Metro Counsel State Contact; Oregon Dept.of Transportation Michele Thorn, Local Liaison Date 123 NW Flanders Metro Contact: Portland,OR 97209 Robert Spurlock, Senior Regional Planner 503-731"8279 800 NE Grand Ave Miohele.r.thomAodot.stete.or.us Portland, OR,97232 (503)813--7580 , Robert.Spuriock@orectonmetro,pov 7 • • I State/Agency/Metro Agreement No. 31030 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected .fficials its Department of Transportation By � 4 � By 1 Y�TZ- Highway Division Administrator Title � Date q /? -2/ 61/ Date llf APPROVAL RECOMMENDED APPROVED AS TO LEGAL SUFFICIENCY By Region 1 Manager By City Attorney Date Date By CMAQ Program Manager or Agency Contact: Active Transportation Section Manager Mike McCarthy, Project Manager 13125 SW Hall Blvd. Date Tigard, OR 97223 503-718-2462 By mikem@tigard-or.gov Region 1 Project Services Manager METRO, by and through its elected Date officials APPROVED AS TO LEGAL By SUFFICIENCY Title By Assistant Attorney General APPROVED AS TO LEGAL SUFFICIENCY Date By State Contact: Metro Counsel Oregon Dept. of Transportation Date Michele Thom, Local Liaison 123 NW Flanders Metro Contact: Portland, OR 97209 Robert Spurlock, Senior Regional Planner 503-731-8279 600 NE Grand Ave Michele.r.thomCa odot.state.or.us Portland, OR, 97232 (503) 813-7560 Robert.Spurlock(a�oreoonmetro.gov 7 Metro Contract 934284 State/Agency/Metro Agreement No. 31030 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By - - —Highway Division Administrator Title Date Date APPROVAL RECOMMENDED APPROVED AS TO LEGAL SUFFICIENCY By Region 1 Manager By City Attorney Date Date By — -- CMAQ Program Manager or Agency Contact: Active Transportation Section Manager Mike McCarthy, Project Manager 13125 SW Hall Blvd. Date Tigard, OR 97223 503-718-2462 By mikem(t tigard-or.gov Region 1 Project Services Manager METRO, by and through its elected Date officials APPROVED AS TO LEGAL By A ./ SUFFICIENCY Title By Assistant Attorney General APPROVED AS TO LEGAL SUFFICIENCY Date By-'�--1« !' � 4 State Contact: Metro C+ nsel Oregon Dept. oft ransportation Date 2-14 — i(p Michele Thom. Local Liaison 123 NW Flanders Metro Contact: Portland, OR 97209 Robert Spurlock. Senior Regional Planner 503-731-8279 600 NE Grand Ave Michele.r.thomodot.state.or.us Portland, OR, 97232 (503) 813-7560 Robert,Spurlockgoregonmetro.gov 7 > 0) -1 ..., CDCD 7:j 3 > ,..., SW BA,L.f.)R 5'.' CD CS) , LU el•• ..., ..., CI z'.< i' 0 0 t......... t. e• 4,Y,r4,0,, . . Wooded , - •' Ci.) CD , "P -r ii Sr ... . ., _%. ,-.- . e G > -% Com i'mllf'—10' .1. CD 0 "RP rrspecial 6' ....., A. k.., C.,..) fork .., 1,„ e41,.1 .3- ^......-1 e -1, tt 0 0 M 01'..1 ..L., X IP ...1 > > .._ .. I ^P \ Sy!, r CO ...4,. Ci?•, ,,,, 4,,,,>,, > .a. ' / \ p / 4' it) 0 , csJ ... I,... ,.- Potso 13 ‘vilist.orpg Dog Partt 0 sit I: _J U) CO WV A a P1 n. S I' CD f£ ') n 7 „ n r' S W r!R, 2 Centetpointe 0 Open Spate -• „ (7MARA ST 4=‘16 -V 13 .-* <th , ....,,, ,..COI my lb 0 R alL..... gCrreeek. % / 0 W EDGE.W000 ST 4.'"+,,,..„, = •( 41/1 fto.., 1,1 .., Ehibit A Map I f tz:,• n-, '0 -- VIhriefty 7....... x - o2 LP S T Me.4dOW Il ....0 Fanno Creek Trail . Open Space Ili (Woodard Park to Bonita Rd 0 & i5th Ave to Tualatin) -FAINt..v, I .FADow, p, ,-., „ ,K Begit4 Woodard To Bonita Segment .. Trail Segment to be bit by P Protect r. ..,,4144 ...• Tratl to be rebuilt by CerCWS -.....- Eersonz Trait to be Removed ti. ....lei'..,::,n.-, : . 7....e:..' .'-.....,leknidEM.SW BOPTA RD -- iLerstas'Other Trake, A --: - -,,,ze. vi,;°;* J I.,"',4.4: > .d... NEBR°° Cay or 719 ''" ' ,,In' r ,I- " ' ' ,,,4A 13123 SW Haft 8,1 . u .,,. ' -,i ,4,4.7 :' ' 4,;;;'' , '' ''''CS ' TICARDSO rigifd oteeen 1172,71 503 111 4171 kes l'' . 4 `. gar ,'',' t „ 11.,),CIOV el ..,, ' 19) 74111/76th Avv: > 0) m v CD CD C CO mac) — : z o CO CD r. 0 0 w 0 1 1 rn 1 X I = Cook 9 CO P EL) . Dwham 1 ark City Park D 1 12 Wetlands 1 0 At Durham 1:- O• Wastewater 1 n CO ire. 1 r 1 0 1 1 0 9 = 1 E N 0 Exhibit A - Map 2 of 2 –01 Fanno Creek Trail N (Woodard Park to Bonita Rd Tualatin & 33th Ave to Tualatin) Country Oub Tracts 35th Ave to Tualatin Segment ••Tra^I Segment to be tntllt br Um Protect "".....E onvOther Trallt A : ,„ ©Soeam Cronnyts pi ee 71gartl rotts sW narl ervtl Tualatin ngaro,orogen 07773 SOJ 630 II 71 w` COM munity Fret rnv Flga,e-0r(10$1 "s Pae# .. . C17 State/Agency/Metro Agreement No. 31030 EXHIBIT B Progress Reports and Project Change Request Process Agreement No. 31030 Key Number: 19327 Project Name: Fanno Creek Trail: Woodard Park-Bonita Rd/85th Ave-Tualatin Br. 1. Project Description The Project includes design and construction of four segments of shared-use path that are part of the regional Fanno Creek Trail system. A 12 foot wide paved path with structures is assumed for all four segments unless State determines that conditions such as environmental constraints justify a narrower section in a specific area. Path width will include a minimum one-foot shy distance along all structures with railings and in all areas with an adjacent vertical barrier. A one foot shoulder on either side of the trail will be required where no structures exist. Segment #1—Woodard Park to Grant Avenue: Approximately 1,400 feet in length. Segment #2—Ash Avenue to Hall Road: Approximately 1,800 feet in length. Segment #3—Tigard Library to Bonita Road: Approximately 4,200 feet in length. Segment #4—SW 85th Avenue to Tualatin River (Ki-a-Kuts Bridge): Approximately 1,400 feet in length. 2. This Project is subject to progress reporting and project change process as stated below. 3. Monthly Progress Reports (MPR) - Agency shall submit monthly progress reports using MPR Form 734-2862, incorporated by reference and made a part of this Agreement. The Monthly Progress Report is due by the 5th day of each month, starting the first month after execution of this Agreement, and continuing through the first month after State issues Project Acceptance (Second Note) for the Project's construction contract. The fillable MPR form and instructions are available at the following address: http://www.oregon.gov/ODOT/TD/AT/Pages/Forms Applications.aspx 4. Project Milestones – The Parties agree that the dates shown in Table 1 constitute the intended schedule for advancing and completing the Project. Project Milestones may only be changed through amendment of this Agreement, after obtaining an approved Project Change Request. 10 State/Agency/Metro Agreement No. 31030 Table 1: Project Milestones Milestone Description Completion Date 1 Obligation (Federal Authorization) of Federal funds for the December 31, 2016 Preliminary Engineering phase of the Project 2 Obligation (Federal Authorization) of Federal Funds for the September 30, 2017 Right of Way phase of the Project (if needed) 3 Obligation (Federal Authorization) of Federal for the February 28, 2019 Construction phase of the Project 5. Requirements for Construction Projects a. Second Notification —Upon completion of on-site work Second Notification shall be issued. Second Notification is further defined in Definitions. The anticipated and actual date for issuance of Second Notification shall be reported in the required monthly report as described in paragraph 3, above. b. Third Notification — Issuance of Third Notification must be received within 120 days from the issuance of Second Notification as stated above with the exception of any Establishment Period noted in the Construction Contract or any remaining responsibilities of the Contractor. If Third notification is not issued within the required timeframe, Consequences for Non-Performance, paragraph 8 below may apply. 6. Project Change Request (PCR) Process - Agency must obtain approval from State's Contact for changes to the Project's scope, schedule, or budget as specified in paragraphs 6a, 6b and 6c, below. Agency shall be fully responsible for all costs that occur outside the established Project scope, schedule or budget and prior to an approved PCR. Amendments to this Agreement are required for all approved PCRs. a. Scope - A PCR is required for any significant change or reduction in the scope of work described in the Project Description (Paragraph 1 of this Exhibit). b. Schedule — A PCR is required if Agency or State's Contact anticipate that any Project Milestone will be delayed by more than ninety (90) days, and also for any change in schedule that will require amendment of the Statewide Transportation Improvement Program (STIP). c. Budget — Total Project Cost and approved funds for the Project are controlled by Terms of Agreement paragraph 2 of this Agreement. 7. PCR Form - Agency must submit all change requests using PCR Form 734-2863, attached by reference and made a part of this Agreement. The PCR Form is due no later than thirty (30) days after the need for change becomes known to Agency. The PCR shall explain what change is being requested, the reasons for the change, and any efforts to 11 State/Agency/Metro Agreement No. 31030 mitigate the change. A Project Change Request may be rejected at the discretion State's CMAQ Program Manager. The fillable PCR form and its instructions are available at the following web site: http://www.oreqon.qov/ODOT/TD/AT/Pages/Forms Applications.aspx 8. Consequence for Non-Performance - If Agency fails to fulfill its obligations in paragraphs No. 3 through No. 7 above, or does not assist in advancing the Project or perform tasks that the Agency is responsible for under the Project Milestones, State's course of action through the duration of Agency's default may include: (a) restricting Agency consideration for future funds awarded through State's managed funding programs, (b) withdrawing unused Project funds, and (c) terminating this Agreement as stated in Terms of Agreement, Paragraph No. 12a and 12b. State may also choose to bill Agency for expenses incurred by State for staff time to assist in completion of the final project documentation and issuance of Third Notification. 12 State/Agency/Metro Agreement No. 31030 After recording, return to: EXHIBIT C MEMORANDUM OF AGREEMENT AND ACKNOWLEDGEMENT OF FEDERAL ASSISTANCE [State Recording Authority: ORS 93.710 and ORS 205.130(2)] Agreement Number: Project Name: Key Number: Local Agency Agreement No. between the (Insert Agency Name) and the State of Oregon, Department of Transportation was executed on . Pursuant to paragraph , Terms of Agreement, page of the Local Agency Agreement, upon the recording of this document, the (Insert Agency Name) received federal funds for the Project described in the Local Agency Agreement. The property and assets under the jurisdiction of the (Insert Agency Name) were improved with the assistance from the United States Government. Such assistance was provided to (Insert Agency Name), in reimbursement of costs associated with the (Insert Project Name), The use and disposition of said property is subject to the terms of the above noted Local Agency Agreement, copies of which may be obtained from the Director of ODOT and is also subject to 2 CFR part 1201. A description of the improved property is attached. (Insert Agency Name) By: (Notary Stamp) (Name of person) Title: State of Oregon: County of Signed or attested before me on by (Date) (name(s) of person(s) My commission expires on STATE OF OREGON, DEPARTMENT OF TRANSPORTATION By: (Notary Stamp) Title: Active Transportation Section Manager State of Oregon: County of Signed or attested before me on by (Date) (name(s) of person(s) My commission expires on Oregon Department of Transportation; 555 13th Street NE; Salem, OR 97301-4178 13 State/Agency/Metro Agreement No. 31030 ATTACHMENT NO. 1 to Agreement No. 31030 SPECIAL PROVISIONS 1. State shall be responsible for delivering all aspects of the Project. 2. State shall award and administer the construction contract and be responsible for all required materials testing and quality documentation; and Agency will prepare necessary documentation with State-qualified personnel, to allow State to make all contractor payments. Contract administration, construction engineering and inspection will follow the most current version of the ODOT Construction Manual and the ODOT Inspector's Manual. 3. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 4. State may make available the State's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the Consultant and reimburse State for payment of any Consultant costs that are not eligible as federal participating costs or that are not included as part of the total cost of the Project. 5. State will perform work throughout the duration of the Project and shall provide a preliminary estimate of State costs for this work. This work includes, but is not limited to, contract administration, plan review and approval, and attend meetings when necessary. Prior to the start of each Project phase State shall provide an updated estimate of State costs for that phase. Such phases generally consist of Preliminary Engineering, Right-of- Way, Utility, and Construction. Agency understands that State's costs are estimates only and agrees to reimburse State for actual cost incurred per this Agreement. 6. The Parties agree that the useful life of this Project is defined as twenty (20) years. Agency shall, at its own expense, maintain and operate the Project upon completion and throughout the useful life of the Project at a minimum level that is consistent with normal depreciation and/or service demand. 7, Metro grants State and Agency the right to enter onto Metro property for the performance of duties as set forth in this Agreement. Agency grants State the right to enter onto Agency property for the performance of duties as set forth in this Agreement. 8. Agency shall, prior to State's award of the contract, obtain or assist State in obtaining all necessary permissions from Metro allowing State to perform work on Metro's facility. 14 State/Agency/Metro Agreement No. 31030 ATTACHMENT NO. 1 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. Non-certified agencies must contract with State or a State certified local public agency to secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. Non-certified agencies may use a State-approved consultant to perform preliminary engineering, and construction engineering services. PROJECT FUNDING REQUEST 4. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development (Planning), b) Preliminary Engineering (National Environmental Policy Act - NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 5. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be STDPRO-2015.doc Rev. 04-28-2015 15 State/Agency/Metro Agreement No. 31030 responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using criteria in 2 CFR 200.330. 6. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. 7. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent STDPRO-2015.doc Rev. 04-28-2015 16 State/Agency/Metro Agreement No. 31030 to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 10.Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11.Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12.Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c) STDPRO-2015.doc Rev. 04-28-2015 17 State/Agency/Metro Agreement No. 31030 contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition ((2 CFR 200.333(c)). 13.Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14.Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15.State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final STDPRO-2015.doc Rev. 04-28-2015 18 State/Agency/Metro Agreement No. 31030 costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. STANDARDS 16.Agency agrees that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non-NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). Agency shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. Agency may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17.Agency agrees that if the Project is on the Oregon State Highway System or State- owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18.Agency agrees that for all projects on the Oregon State Highway System or State- owned facility any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. Agency further agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 19.Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. Agency must obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20.The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is STDPRO-2015.doc Rev. 04-28-2015 19 State/Agency/Metro Agreement No. 31030 not limited to, right of way, environmental documents, plans and specifications, and utilities. PRELIMINARY & CONSTRUCTION ENGINEERING 21.Preliminary engineering and construction engineering may be performed by either a) State, b) Agency, c) State-approved consultant, or d) certified agency. Engineering work will be monitored by State or certified agency to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, b) State-approved consultant or c) certified agency. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State or certified agency shall, if they prepare any of the documents identified in this paragraph, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 22. Agency may request State's two-tiered consultant selection process as allowed by OAR 137-048-0260 to perform architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects. Use of the State's processes is required to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4) and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the consultant prior to receiving authorization from State to proceed. 23.The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre- construction permits will be obtained prior to advertisement for construction. 24.State or certified agency shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. 25.Upon State's or certified agency's award of a construction contract, State or certified agency shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. STDPRO-2015.doc Rev. 04-28-2015 20 State/Agency/Metro Agreement No. 31030 26.State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of- way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27.By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/sbe/dbe/dbe program.aspx# plan. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28.State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29.Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. STDPRO-2015.doc Rev. 04-28-2015 21 State/Agency/Metro Agreement No. 31030 30.The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2796.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1 .11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; 2 CFR 1201 , Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31.Agency and the consultant, if any, agree that right of way activities shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32.State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project provided Agency or the consultant are qualified to do such work, as required by the ODOT Right of Way Manual, and Agency has obtained prior approval from State's Region Right of Way office to do such work. 33.Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. Agency must receive written authorization to proceed from State's Right of Way Section prior to beginning right of way activities. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency shall contact State's Liaison, who will contact State's Region Right of Way office for additional information or clarification on behalf of Agency. STDPRO-2015.doc Rev. 04-28-2015 22 State/Agency/Metro Agreement No. 31030 34.Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 35.Agency ensures that all project right of way monumentation will be conducted in conformance with ORS 209.155. 36.State and Agency grants each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 37.Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing and at Project expense, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 38.Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 39.Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. STDPRO-2015.doc Rev. 04-28-2015 23 State/Agency/Metro Agreement No. 31030 40.Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 41.Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 42.Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 43.If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 44.With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or STDPRO-2015.doc Rev. 04-28-2015 24 State/Agency/Metro Agreement No. 31030 settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 45.With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 46.The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. WORKERS' COMPENSATION COVERAGE 47.AI1 employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 48.Agency certifies by signing the Project Agreement that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the STDPRO-2015.doc Rev. 04-28-2015 25 State/Agency/Metro Agreement No. 31030 extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. STDPRO-2015.doc Rev. 04-28-2015 26 STATE OF OREGON INTEROFFICE MEMO Department of Transportation Right of Way Phone: (503)986-3643 Fax: (503)986-3625 TO: John Boals DATE: August 4, 2020 Interim State Right of Way Manager FROM: Christy Wood R/W Management & Policy Advisor SUBJECT: #34320 - Fanno Creek Trail: Woodard Park- Bonita Rd/85th Ave - Tualatin Br. Brief Summary/Background of Document Attached for your signature is a ROWSA between ODOT and the City of Tigard. The Administrators of the project are both parties and the tasks are a mixture performed by both. The project itself is the following: Construct four sections of the Fanno Creek Trail from Woodward Park to Bonita Road and 85th Avenue to Tualatin River Bridge in Tigard. Constructing these sections will fill in key gaps on the Fanno Creek Trail and provide a safe, comfortable, and reasonably direct travel experience for users. Who Has Reviewed and Approved It This agreement has been reviewed by Kat Halpenny, Grant Casebeer, worked on by Damon Gray and myself. Recommendation I recommend that the State R/W Manager sign this ROWSA. If you have any other questions or need further documentation, please let me know and I will be glad to provide that to you. Thank you. AIS-4872 6. Business Meeting Meeting Date: 03/15/2022 Length(in minutes): 45 Minutes Agenda Title: PARKS AND RECREATION SYSTEM IMPLEMENTATION PLAN Authored By: Marissa Grass Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE On January 25,2022,Tigard City Council adopted the Parks&Recreation System Plan and directed city staff to: •Prepare an implementation plan which includes funding and project prioritization •Complete the plan and bring it forward for consideration no later than September 2022. This is part of a multi-step Parks&Recreation System Plan Adoption Process •Step 1.This first step included developing the vision,goals,priorities,and actions that were adopted on January 25. [Completed] •Step 2.The adopted vision will serve as the foundation for the"implementation"part of your Council goal. The implementation plan will focus on project prioritization,realistic funding,and cost-effective service delivery. [Current] •Step 3. Council will be asked to adopt the revised PRSP in its entirety,including all of the components described above. ACTION REQUESTED Work on the implementation plan is divided into three categories described by the attached roadmap. Council is asked to consider and provide feedback on the roadmap. Specific areas for council direction include: •Prioritized Project List o Any comments or suggestions as to prioritization criteria? o Is there interest in volunteering to help us to ground truth the draft criteria? •Funding Plan o Should the General Fund and PARF continue to provide an equal amount of funding moving forward? o Is there support for a funding strategy that builds in incremental increases for growth of the system over time? (5-year increments) •Cost Effective Delivery Model o Should we evaluate joining Tualatin Hills Parks and Recreation District again or just focus our time on determining the most effective and efficient internal structure? BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations 1/25/22 Adoption of the Parks&Recreation System plan 9/22 Consider Adoption of the Parks&Recreation Implementation Plan Public Involvement Extensive community engagement has been incorporated into the System Plan and will guide the direction of the Implementation Plan. Impacts (Community,Budget,Policies and Plans/Strategic Connection) Future adoption of the implementation plan will impact budget priorities moving forward,as programs and projects will be prioritized. This project directly addresses Council Goal 4 and aligns with Tigard's vision of being,"An equitable community that is walkable,healthy,and accessible for everyone."Following from the System Plan,the Implementation Plan process is designed to consider the 5 Es-equity,environment,economy,engagement,and excellence. Specifically,the Implementation Plan will be the"How,"where the System Plan serves as the"What": High quality parks and recreation services within a 10-minute walk of everyone. ALTERNATIVES& RECOMMENDATION ADDITIONAL RESOURCES Parks&Recreation Implementation Plan Roadmap Sample Project Summary Sheet from the Stormwater System Plan Attachments Parks and Recreation Implementation Plan Roadmap Project Summary Sheet Example - Stormwater System Plan (IT Parks & Recreation Implementation Plan COY OF Tigard x o n 11 PRIORITIZED FUNDING COST EFFECTIVE PROJECT LIST PLAN DELIVERY MODEL • Provide cost estimates for • Financial Analysis Financial Analysis projects/programs and Potential Funding • Potential Organization •provide information sheets Scenarios Scenarios TASKS • Build Prioritization Criteria Develop Recommendations • Develop Recommendations •• Filter Projects • Develop a Timeline in 5-year Increments • Develop Recommendations • Any comments or • Any comments or • Any comments or questions about the questions about the questions about the proposed process? proposed process? proposed process? QUESTIONS • Volunteers to participate • Should the General • Should we evaluate TO COUNCIL in the testing phase of Fund and PARF joining Tualatin Hills Parks the project screening? continue to provide an and Recreation District March 15th equal amount of funding again or just focus our • Any comments/ moving forward? time on determining Workshop suggestions as to Meetingthe most effective and prioritization criteria? • Do you support a efficient internal structure? funding strategy that builds in incremental increases for growth of the system over time? (5-year increments) REQUIRED Cost Estimating Financial Model SUPPORT Capital Improvement Project Fact Sheet August 2017 City of Tigard Project Rank: 6 STORM WASTER MASTER PLAN ID: CIP 302 Project Description Name: Kruger Creek Ann Court Bank Stabilization & Wetland Enhancement This City is in the process of completing storms, protect the downstream channel Study Area: Bull Mountain the culvert replacement portion of this from erosion,and enhance water quality. Location: SW 124th Avenue and SW Ann Court project. A new pre-settling basin and outfall Problem Summary The project will replace the damaged scour protection at the downstream end The lower reaches of Kruger Creek suffer banks are vertical and high,separating culvert with a larger fish-passable culvert of the new culvert also will protect the from erosion due to fast,high flows the channel from its floodplain. Erosion under SW 124th Avenue. channel and banks from erosion and streaming down Bull Mountain. is threatening to undermine the driveway sedimentation. of a private home next to the greenway. Upstream of the crossing,a new pre Kruger Creek crosses under SW 124th settling basin above the storm system The benefits of this project include: Avenue in the Jack Park Greenway.The outfall will help remove sediment.A new culvert is being damaged by erosion at retaining wall will protect the private • Reduce channel erosion and bank the upstream end.The City's effort to driveway from being undermined, instability reduce erosion by adding rock has not • Enhance wetland habitat stopped the damage. Downstream of the crossing,the project • Improve water quality will create more storage in the existing • Protect private property As in much of Kruger Creek,the creek wetland,which will slow flows during 4 3 „ „,,,,;*'":,,,,. . .,;:*°;':,',,,7,, Y y L ''---i.0- -. '"° .1'1 • '° 1+ -,- . ”' ?' f 'a e' '+wa rt a, F a '4 •.;\-3 % '' .' ° `A .Y, `rte.. r } *.`wg °: " a, 4,:. t 1 IV'' t744 ass es14, * < T' +' tr .v. W .. ` ... ..,• � r } r „e � �, ": s - - a+'.`+. ,. „,,,,,s, - v. ?%9 x X14• ".v: ” :;$':''',..,A �A"';r-1„�"�,,,911r4?-17.:-.!/,:5.11 R� ".A,:�J gY€.�s 4+r'y ( t • 7 r, . FAV ,�� ,""y yea s�w �+.*�,„��$.� '- � ', -..r`a 7,..- ', ,.: stir . .y, -r,-„,‘If t*,, <' g t t a. :'" ; 'Iv, • ? 1 aM'` Y'} 3 W : '%�!�•+R. P <. ; . ,...-7r, -,,,, ,' "A .4.I .• ?. $ yis�, 'Ws "y rn,s'Sr r° "" '. + .zh }.s. <.r�..T 'e�'"Y.1:l.:�&'. I.:-�-"..".„ 4,?0. C :. w,... ..,: ��:�..?. ,. ' ',..7., Kruger Creek Ann Court Bank Stabilization&Wetland Enhancement page 1- ... ii/1/ Cost Estimate �CIP 302 �" '''::::'•41‘'44 ' �/// Design & Permitting r, $v 4, 14$V$4,4,io Design(@ 25%of Construction) $105,000 Permitting, Basic+Enhanced $25,000 Project Administration (@ 15%Construction) $60,000 ';' $ ' Total Design&Permitting $190,000 w Q Construction w = I I-- Tool Kit Qty Unit Unit Price Amount N Aboveground Storage 11,823 CF $3.50 $42,000 Outfall Scour Protection 1 EA $5,100 $6,000 • Retaining Wall,Gabions up to 10 FT 408 SF $50 $21,000 ‘1 Pre-settling Basin, Manhole 2 EA $6,000 $12,000 El Sw ANN CT Storm Sewer Pipe,48-in Diameter 140 FT $350 $49,000 CD Subtotal $130,000 ( ) Construction Administration Mobilization (@ 10%of Construction) $45,000 Erosion&Sediment Control(@ 2%of Construction) $8,000 Temporary Water Management, Medium $25,000 Construction Contingency(@ 50%of Construction) $205 000 Subtotal $283,000 Total Construction $413,000 Other Implementation Easement or Property Acquisition Sanitary Sewer Environmental Mitigation $25,000 4 SW `obK cT .„ Stormwater Sewer Total Other Implementation $25,000 46111,Above Ground Storage 0 37.5 75 150 Feet Total Project Cost(Rounded) $650,000 • 8, Outfall Scour Protection 1 ' i ' i Funding Source Q 10, Retaining Wall Part of this project is already in process. It is funded by the Stormwater Fund. ® 12, Settling Basin guar,* 13, Storm Sewer Pipe Annual Operation & Maintenance Operation and maintenance costs will be budgeted within the following programs: O a • Proposed culvert assessment and maintenance program • Proposed greenway O&M program ;$ Kruger Creek Ann Court Bank Stabilization&Wetland Enhancement -page 2- AIS-4881 7. Business Meeting Meeting Date: 03/15/2022 Length (in minutes): 5 Minutes Agenda Title: Resolution Repealing the City's COVID-19 Emergency Declaration Authored By: Shelby Rihala Item Type: Motion Requested Resolution Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Repeal the City's emergency declaration related to COVID-19. ACTION REQUESTED Staff recommends approval of the resolution repealing the COVID-19 emergency declaration. BACKGROUND INFORMATION The Tigard City Council ratified the Mayor's emergency declaration related to COVID-19 on March 17,2020 and subsequently extended it ten times. The last extension was set to run through June 30,2022. Pursuant to the City's Emergency Management Code,Tigard Municipal Code 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence. With the State of Oregon ending its emergency declaration and easing or ending many public health measures related to COVID,the City finds that the conditions giving rise to the emergency declaration no longer exist so as to justify continuing the declaration through the end of June. ALTERNATIVES & RECOMMENDATION Council could elect to let the existing declaration of emergency remain in place or establish an alternative date for its repeal. ADDITIONAL RESOURCES Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION OF THE CITY OF TIGARD REPEALING THE CITY'S EMERGENCY RELATED TO COVID-19 WHEREAS,Tigard Municipal Code (TMC) Chapter 7.74, the City's Emergency Management Code, as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policies and protocols for defining and directing responsibilities during a time of emergency;and WHEREAS,pursuant to TMC 7.74.040,a local emergency exists whenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cause injury or death to persons, including a disease or pandemic;and WHEREAS,TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency;and WHEREAS, the Tigard City Council ratified the Mayor's emergency declaration on March 17, 2020 and subsequently extended it ten times;and WHEREAS,TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence; and WHEREAS,with the State's repeal of its emergency declaration and the easing of masking and other public health requirements, the City finds the conditions no longer exist to continue under a declaration of emergency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council repeals and replaces Resolution 21-43. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.22- Page 1