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City Council Packet - 02/13/2001
OREGON TIGARD CITY COUNCIL MEETING FEBRUARY 13, 2001 COUNCIL MEETING WILL DE TELEVISED H UEANNIMOCS\CUKT7 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 C,c,J Revised February 8, 2001 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-664-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be cheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - February 13, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING FEBRUARY 13, 200 1 6:30 PM STUDY SESSION > MEASURE 7 UPDATE AND OREGON ASSIST FOR A VOLUNTARY COUNSEL REGARDING BALLOT MEASURE 7 > UPDATE BY MAYOR GRIFFITH ON YOUTH FORUM > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying for what purpose the Session is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council ex Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications ex Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) Russ Rutledge - Tigard High School Student Envoy 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: December 12, 19, 2000 and January 9, 2001 3.2 Receive and File: a. Council Calendar COUNCIL AGENDA - February 13, 2001 page 2 b. Tentative Agenda 3.3 Approve Correction to the April 25, 2000 City Council Minutes 3.4 Approve Budget Amendment #6 to the Fiscal Year 2000-2001 Adopted Budget to Transfer Funds from the Public Works Operating Appropriation to the General Fund Capital Improvement Program Appropriation to Allow the Replacement of the HVAC Units in the Police Building - Resolution No. 01 - D3 3.5 Appoint Sydney Sherw d and Irene Moszer to the Budget Committee - Resolution No. 01 - 3.6 Local Contract Review Board a. Approve the purchase of a Dynapac model CC 122 vibratory roller b. Approve the purchase of a replacement combination sewer cleaner c~ Approve the award of the contract for appraisal and land acquisition services for the Gaarde Street Improvements Phase 2 project to Universal Field Services, Inc. Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. INTRODUCTION OF SYDNEY SHERWOOD AND IRENE MOSZER AS BUDGET COMMITTEE MEMBERS ® Mayor Griffith 7:50 PM 5. RECEIVE GOVERNMENT FINANCE OFFICERS' ASSOCIATION OF THE UNITED STATES AND CANADA (GFOA) CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL REPORTING a. Staff Report: Finance Staff b. Presentation by GFOA Representative 8:00 PM 6. DISCUSSION OF TRI-MET SERVICE CHANGES a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments COUNCIL AGENDA - February 13, 2001 page 3 8:20 PM 7. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 19 - SW HUNZIKER a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Close Public Hearing g. Consideration by Council: Resolution No. 01 - C75 8:30 PM 8. CONSIDER A RESOLUTION TO ESTABLISH THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments C. Consideration by Council: Resolution No. 01 - O Co 8:40 PM 9. CONSIDER A MOTION TO ADOPT COUNCIL GOALS FOR 2001 a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments C. Council Motion: Should Council adopt the goals for 2001 ? 9:00 PM 10. COUNCIL LIAISON REPORTS 9:10 PM 11. NON AGENDA ITEMS 9:20 PM 12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying for what purpose the Session is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. 9:30 PM 13. ADJOURNMENT 1: ADM\CATHY\CCA\010213.DOC COUNCIL AGENDA - February 13, 2001 page 4 Agenda Item No. .41 1 Meeting of 3 13 - L TIGARD CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 2001 STUDY SESSION Mayor Griffith called the Study Session to order at 6:32 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla. Also present: City Manager Monahan, Legal Counsel Ramis, and City Recorder Wheatley. ➢ MEASURE 7 UPDATE AND LEAGUE OF OREGON CITIES' REQUEST FOR A VOLUNTARY CONTRIBUTION TO ASSIST WITH LEGAL COUNSEL REGARDING BALLOT MEASURE 7 City Attorney Tim Ramis reported that the Attorney General released an opinion today on Measure 7. Mr. Ramis advised his office would review the opinion. judge Lipscomb is expected to render a decision on the Measure within the next two weeks. The judge may find some Constitutional problems and the "two-subject" rule with regard to ballot measures may have been violated. The Measure went to court because of challenges from Mrs. Tom McCall and several cities. The Council discussed the request by LOC to contribute to the legal costs associated with its participation in the court case and, if needed, appeals pertaining to Measure 7. Discussion followed. Council discussed that the voters had approved Measure 7, which indicates that the voters have some fundamental concerns with the land use laws. Council members discussed that LOC's efforts might be better focused if it uses resources to work with the legislature to offer a legislative alternative to Measure 7. Further, the court case on Measure 7 would still go forward if LOC were not involved. Representative Max Williams is leading the effort at the legislature. He will meet with the Council on February 27, 2001, and the Council will discuss this matter with Representative Williams at that time. The Council decided to wait to make a decision on whether to contribute to LOC's legal costs on Measure 7 until more is known about the pending court case. The matter will be placed on the Workshop Meeting Agenda on TIGARD CITY COUNCIL MEETING MINUTES - February 13; 2001 page 1 February 20 for further discussion and possibly on February 27 for Council action. > UPDATE BY MAYOR GRIFFITH ON YOUTH FORUM Mayor advised the Council he was inviting a number of people known to be involved with and concerned about youth issues to a Youth Forum on February 27, 2001, at the Town Hall. The purpose of the meeting is to assess what activities are offered to youth (and for which age groups) and whether there is potential availability of facilities. One group had looked at the old School District administration building; however, this building needs improvements before it can be used and it is only available temporarily since the District plans to sell the property. School Superintendent Lowder appears to be amenable to opening up the school facilities, which are not available now because of custodian- service issues. Also, Representative Max Williams said House Bill 2590 provides opportunities for grant funds if all organizations in the community work together and avoid duplication of efforts. > City Manager noted the recent "Soapbox" article in the Tigard Times by Mr. Gene McAdams and the response prepared by Assistant to the City Manager Liz Newton. The meeting agenda has been changed to clarify which items listed in the study session meeting are open for discussion and to indicate that the Council may go into Executive Session. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:10 p.m. under provisions of ORS 192.660 to discuss real property transaction negotiations. The Executive Session concluded at 7:21 p.m. and the public Study Session resumed. > City Manager Monahan reported that Ms. Sydney Sherwood and Ms. Irene Moszer indicated they would be present during the Business Meeting. The Council will consider a resolution to appoint Ms. Sherwood and Ms. Moszer to the Budget Committee (Agenda Item. No. 3.5). > Ccu-,,c", discussed the request from C-ty Attorney Ramis to consent to his firm's performing legal services for Unified Sewerage Agency. The work will be to establish alternate means of financing public improvements. There were no objections expressed by Council members with regard to the law fl, TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 2 providing these services to USA. (Additional information on the request is on file with the Council meeting packet.) ➢ City Manager Monahan reviewed the tentative Council agenda schedule for the March 13 and 20 meetings. Councilor Patton and City Manager Monahan will be absent from the March 27 meeting. Council members agreed to cancel the March 27 meeting. Councilor Scheckla asked about the Budget Committee appointments noting that one of the persons recommended had only lived in the City for a short period of time and was appointed to the position that had the longer term. Brief discussion followed. There is no requirement that a Budget Committee person reside in the City for a specified period of time. Background and experience of individuais were also considered. Mayor Griffith said he would like to discuss, at a future Council meeting, whether alternate members could be appointed to all City boards and committees. The Study Session concluded at 7:31 p.m. 1. BUSINESS MEETING 1.1 Call to Order - Mayor Grifflth called the City Council et Local Contract Review Board meeting to order at 7:35 p.m. 1.2 Roil Call Present were Mayor Griffith and Councilors Dirksen, Moore, Patton, and Scheckla. 1.3 The Mayor led the audience in the Pledge of Allegiance. 1.4 Council Communications & Liaison Reports - None reported. 1.5 Call to Council and Staff for Non-Agenda Items - None requested. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) ® Russ Rutledge - Tigard High School Student Envoy reported on a number of activities sponsored by students. He also noted an upcoming blood drive at the high school, which has been very successful in the past. 3. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Moore, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: December 12, 19, 2000 and January 9, 2001 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve Correction to the April 25, 2000 City Council Minutes TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 3 3.4 Approve Budget Amendment #6 to the Fiscal Year 2000-2001 Adopted Budget to Transfer Funds from the Public Works Operating Appropriation to the General Fund Capital Improvement Program Appropriation to Allow the Replacement of the HVAC Units in the Police Building - Resolution No. 01 -03 3.5 Appoint Sydney Sherwood and Irene Moszer to the Budget Committee - Resolution No. 01 - 04 3.6 Local Contract Review Board a. Approve purchase of a Dynapac model CC 122 vibratory roller b. Approve purchase of replacement combination sewer cleaner c. Approve award of the contract for appraisal and land acquisition services for the Gaarde Street Improvements Phase 2 project to Universal Field Services, Inc. The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 4. INTRODUCTION OF SYDNEY SHERWOOD AND IRENE MOSZER AS BUDGET COMMITTEE MEMBERS Mayor Griffith introduced Ms. Sherwood and Ms Moszer. 5. RECEIVE GOVERNMENT FINANCE OFFICERS' ASSOCIATION OF THE UNITED STATES AND CANADA (GFOA) CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL REPORTING Finance Director Craig Prosser introduced Wayne Lowry, the Washington County Finance Officer and an officer of the GFOA. Mr. Lowry presented the 1999 certificate of achievement for financial reporting and noted the City of Tigard has received this award for the last 18 years. 6. DISCUSSION OF TRI-MET SERVICE CHANGES a. Community Development Director introduced representatives from Tri-Met: Mr. Dennis Grimmer and Mr. Alan Lehto. Proposed transit improvements were reviewed by the Tri-Met representatives, including merging of lines and converting to an express line where there are 14 stops between Sherwood and Portland. One line will provide service to Tigard every 15 minutes and has been extended to Durham Road. TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 4 Several open houses sponsored by Tri Met were recently held and information Is now being analyzed. Proposals as a result of information received will be available for public review in about two weeks; more public input will be scheduled. Mr. Lehto, the Tri Met Capital Projects Planner referred to a handout distributed to the City Council. (See information on file with the Council packet material.) He reviewed issues of accessibility (ADA), access (bus stops), efficiencies (identifying where delays occur), and amenities (shelters and scheduling information). b. Council Discussion, Questions, Comments Mayor Griffith noted the lack of service on several major Tigard streets, including Durham Road, Gaarde Street, McDonald Street and Walnut Street. He noted that for many Tigard residents, it is more than a quarter of a mile to the nearest bus stop. He said that the City of Beaverton has bus service on almost all of their major streets yet Tigard has service on only three of its major streets. The Bull Mountain area has no bus service. Mr. Grimmer referred to a recent grant offering van services in some municipalities. He noted such a service on Line 62, which serves Murray Boulevard, Scholls Ferry Road, and Washington Square. Councilor Dirksen asked several questions about the proposed Route 12. He noted he used to use the bus service on a daily basis and found that it was faster to use the 96x (Barber Boulevard) line. Many people would probably be willing to take a bus downtown but not if it is necessary to drive to a bus stop. Councilor Scheckla asked Tri Met to consider smaller busses to provide intra- city service to the suburban cities. In addition, he suggested that Tri Met work with businesses to promote bus ridership. Councilor Patton agreed with comments made by the other Council members and advised that she also used to frequently use the bus system. She said that Tri Met's service to the City of Tigard is lacking when compared to the service available to the neighboring cities of Hillsboro and Beaverton. She noted her frustration that the citizens of Tigard are not receiving a satisfactory level of bus service, yet, the City of Tigard contributes a significant amount of money to Tri Met. She noted the new proposals for service outlined by the representatives here tonight still do not give commuters a place to park. Tri TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 5 Met needs to give people the ability to use the system. Bus service is not an amenity; it Is a critical service. Councilor Moore agreed with the comments made above on the bus service situation in Tigard. He asked Tri Met officials to exercise due diligence in providing service to the City of Tigard. City Manager Monahan advised he would follow up with a letter to the Tri Met General Manager reiterating the concerns and issues brought out by the City Council. 7. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 19 - SW HUNZIKER a. Mayor Griffith opened the public hearing. b. Project Engineer Berry reviewed the staff report that is on file with the Council packet materials. He noted that the district would consist of one lot, which was the last lot along Hunziker that did not have sewer service. C. Public Testimony Mr. John Annand, 8260 SW Hunziker, Tigard, Oregon, advised he is the property owner. His business has been at this address since 1984 and said he would appreciate it if he could hook up to the sewer. d. Mr. Berry advised staff recommended that the Council approve the formation of Sanitary Sewer Reimbursement No. 19 - SW Hunziker. e. Mayor Griffith closed the public hearing. f. Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Resolution No. 01-05. RESOLUTION NO. 01-05 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 19 (SW HUNZIKER STREET) The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 8. CONSIDER A RESOLUTION TO ESTABLISH THE TRANSPORTATION FINANCING STRATEGIES T ASK FORCE TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 6 a. City Engineer Gus Duenas reviewed the staff report. The purposes of establishing the Task Force will be to evaluate the election results of the unsuccessful transportation bond measure, explore feasible funding strategies for implementing transportation improvements, and to assist in developing and implementing those strategies. Councilors Dirksen and Moore will work with the Task Force. Councilor Patton noted that she had previously worked with the Transportation Task Force, but cannot continue because of her new committee appointment responsibilities. She advised she remains interested and supportive of efforts to work on Tigard's transportation issues. b. Committee member Bev Froude was present. She noted she was excited to be involved again on the committee and hopes efforts will be successful this time. c. Motion by Councilor Moore, seconded by Councilor Patton, to approve Resolution No. 01-06. RESOLUTION NO. 01-06 - A RESOLUTION TO ESTABLISH A TRANSPORTATION FINANCING STRATEGIES TASK FORCE TO EVALUATE THE ELECTION RESULTS ON THE UNSUCCESSFUL TRANSPORTATION BOND MEASURE, DETERMINE WHAT WENT WRONG WITH THE BOND ISSUE, EXPLORE FEASIBLE FUNDING STRATEGIES, PRESENT FINDINGS AND PROVIDE RECOMMENDATIONS TO CITY COUNCIL ON THOSE FUNDING STRATEGIES THAT SHOULD BE FURTHER PURSUED, THEN ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF THOSE STRATEGIES. The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 9. CONSIDER A MOTION TO ADOPT COUNCIL GOALS FOR 2001 a. City Manager Monahan reviewed the final draft of the Council goals for 2001. He presented PowerPoint slides I-ighlighting the goals. (A copy of the presentation is on file with the Council packet materials.) b. Motion by Councilor Moore, seconded by Councilor Patton to approve the 2001 goals as presented. TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 7 The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 10. COUNCIL LIAISON REPORTS Mayor Griffith reported that he recently met with State Representative Max Williams. Included in their discussion was the effort by Qwest to eliminate local government franchise fees charged to utilities. At this time, it does not appear that a bill will move out of the committee stage. Representative Williams cautioned the Mayor, however, that should utility companies get organized and work together that this matter will be back for review in future legislative sessions. Utility franchise fees represent the second largest amount of most cities' general funds. In response to a question from Councilor Patton, Mayor Griffith explained that, in other states utilities were not charged a franchise fee, rather they paid on a cost- reimbursement basis or other methodology. With regard to the sunset clause pertaining to implementation of photo radar and photo red light, Mayor Griffith advised that Representative Williams said that it is likely that legislation will be approved to allow named cities to use this technology indefinitely (remove the sunset date). Representative Williams is working on compromise legislation with regard to the provisions of Measure 7. More should be known within the next two weeks. City Attorney Ramis gave a brief review of what the Attorney General's opinion on Measure 7 released today: The opinion confirms that the Measure is very broad. The opinion states that the Measure is retroactive in some situations. ® The opinion outlines an option where a jurisdiction could relieve a property owner of complying with a land use regulation (rather than paying the property owner for any loss because of the regulation) in certain limited circumstances. 11. NON AGENDA ITEMS - None. TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 8 12. EXECUTIVE SESSION: No Executive Session was held at this time. 13. ADJOURNMENT: 9:04 p.m. Attest: 7e:, ity Ti D 1 AAD %CAT HY\CC M1010213. D GC at erne eat ey, city ecor er TIGARD CITY COUNCIL MEETING MINUTES - February 13, 2001 page 9 Agenda Item iNb. Meeting of January 23, 2001 Duo James Griffith ,er ,vif-D C'Mayor of Tigard 5 201 13125 SW Hall Blvd. Tigard, OR 97223 ►SkCa't►Oj~ Dear Mayor Griffith: The purpose of this letter is to ask the City of Tigard for a voluntary contribution to assist in retaining outside legal counsel on Ballot Measure 7. As you know, Measure 7 passed on November 7, 2000 and requires governments to reimburse property owners for regulations which reduce the value of property. This constitutional amendment poses significant concerns for cities throughout Oregon. We are enclosing materials on the measure for your review and would encourage you to access the League's web site, which has perhaps the most comprehensive display of information on Measure 7 within the state (www.orlocalgov.org/loc/ and click on "Measure 7"). How the provisions of this constitutional amendment will be interpreted and what effect it has on local governments is yet to be determined in the courts. However, in the face of having cities respond to compensation claims, the League of Oregon Cities filed for a preliminary injunction which was granted in Marion County Circuit Court. Part of the legal process in filing for an injunction includes asking the court to declare Ballot Measure 7 unconstitutional on several legal grounds. Although the judge granted our request for a "temporary hold" on the measure's effectiveness, the court process has a long way to go. The litigation may wind its way through the Circuit Court, Court of Appeals and finally the Oregon Supreme Court before the issue is finally resolved. Based on the Circuit Court's recent determination, we remain optimistic about the final outcome. As you can imagine, the financial challenge for the League, on behalf of all Oregon cities, is beyond this year's legal advocacy budget of $20,000. It is estimated that fees for the entire process could range up to $175,000. Legal challenges will continue at least through the summer. Some cities have chosen to be named in the lawsuit as plaintiffs. Regardless of legal participation, it does not change the fact that the interests of all cities are at stake and cities need to financially join together for a common defense. (Next page) Work ill t ogc 1 her for iil-aria 011(1110H CoilrW Ul/ it iCs -0- Enclosed is a suggested payment schedule for your contribution based on population. It would be entirely acceptable fe,~- _-:ayment to be done over two budget years. The voluntary contribution schedule has been reviewed by the League's Executive Committee and we sincerely hope that each city will be able to participate. Any fiords remaining after final court determination will be returned to participating cities on a pro rata share. Thank you in advance, and again, we encourage you to visit your Ballot Measure 7 web site for further information. Sincerely, RoLit Susan Roberts, President, LOC Richard C. Townsend Mayor of Enterprise Executive Director, LOC RC'r:sw cc: City Manager/City Recorder Enclosures { League of Oregon Cities 1201 Court St. NE (503) 588-6550 PO Box 928 Salem, OR 97308 INVOICE Date: 01/22/01 CITY OF TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 Balance Due: $10,000.00 BILLING: Measure 7 Voluntary Contribution Population Range: 25,000 to 100,000 10,000.00 Note: This contribution may be paid over the next two fiscal periods. If choosing to pay over two budget years please sign, date, and return, thank you. Name: Title: Date: Total: 10,000.00 Please return remittance copy with your payment, thank you. -Perspective on Measure 7 I Information and strategies or cities Issue #2 -December 18, 2000 www.orlocaILLOrg/loc' League Files Suit: Measure 7 Temporarily Halted Preliminary Injunction Granted On December 6`' Judge Paul Lipscomb of the Marion County Circuit Court granted the League's request for a preliminary injunction. This injunction temporarily stops the measure from taking effect until the Judge rules on its constitutionality. The League's suit was consc:rdated with another suit, McCall v. Kitzhaber. While the League is working closely with the McCall parties, we believe that a separate suit filed by the League will ensure that municipal concerns are sufficiently emphasized. Joining the League in the lawsuit are the cities of Ashland, Corvallis, Beaverton, Eugene, Junction City, Portland, Tualatin, and Veneta, as well as Benton, Multnomah and Washington Counties, Multnomah Commission Chair Bev Stein, and Portland Mayor Vera Katz. Unconstitutionality of Measure 7 The League's Board believes that Measure 7 is unconstitutional on at least two counts, is unfair to Oregon taxpayers, and profoundly changes the dynamics of city governance. The reasons the League decided to sue are as follows: + Measure 7 dismantles cities' authority to regulate the individual actions of its citizens for the common good. As written, Measure 7 forces cities to either pay an individual landowner or allow him to use his land in possibly dangerous or poorly-planned ways. Thus, Measure 7 allows individual landowners to tread upon their own neighbors' right to the use and enjoyment of their land. Cities will be faced with either allowing these individual landowners to tread upon their neighbors or paying these individual landowners. As city officials, we realize that when a city pays a landowner, it is really the taxpayers who are paying. And as civic leaders, we cannot allow our taxpayers to pay individual landowners for the right to use their land against the common good of all citizens. O Measure 7 was improperly voted upon. It did not allow the voters a fair chance to express their opinion because the text of Measure 7 is confusing and makes two or more changes to the constitution. Measure 7 is poorly worded and confusing. It is likely that the voters were not aware that current law now requires compensation when condemning property. Additionally, Measure 7 does a lot more than allow landowners to be compensated for regulatory takings. It also exempts certain gambling, dancing, pornography, and alcohol regulations, and it affects a city's right to regulate certain individual actions. Because these additional changes are substantive and not closely related to the main purpose of the measure, it was unfair and unconstitutional to put these matters before the voters in one single measure. Voters who disagreed with any one of these changes did not have a chance to vote "no" on that change. League Leadership Speaks Out In filing the suit, LOC President-Elect Susan Roberts, Mayor of Enterprise stated, "We believe that Measure 7 fails the tests for constitutionality in our state. The issue is not about the idea of compensating property owners. It is about the unintended consequences and far-reaching effects of the specific language of Measure 7." LOC President Charl a Hales (Portland Commissioner) said that the League's involvement in the issue reflected a civic responsibility, "Measure 7 pits neighbor against neighbor in a battle of individual property rights versus the common good. As city leaders, we have an obligation to ensure that if we are going to make these major changes, we do so in a way that fully complies with our Constitution." (Continued on page two) (Continued,(rain page one) Compensation Requests At least two claims alleging compensation under Measure 7 have been filed against cities. One, against Jackson County and the City of Jacksonville, seeks $50 million in compensation. Another, against the City of Hood River, seeks $691,000. The League has engaged Attorney Glenn Klein of the Eugene firm Harrang Long Gary Rudnick as its counsel on Measure 7. For more information on Measure 7, please visit the League's web site atwww.orlocalgov.org/loc. The site is updated daily. Measure 7 and the Legislature With the Legislative session just a few weeks away, the League is turning its attention to the role that the Legislature will take on Measure 7. The Legislature has a wide range of options - from doing nothing, to referring its own measure, to making statutory changes to the measure. Some legislative leaders are waiting for a final court decision before determining their course of action. Many legislators feel that the public sent a message with the passage of Measure 7; however, the Legislators are having a difficult time decifering what the message was. Some believe that it was a message that there are too many regulations, others believe that it was a message directed to the federal government concerning its restrictions on land use in rural areas, while still others think that the public was duped by a reasonable sounding measure which had far-reaching ramifications. The leadership and staff of the League have been speaking with legislators, Governor Kitzhaber, and interested parties on both sides of the issue. We are working to educate decision-makers on the impacts of Measure 7 on local government. At the same :iine, we are increasing our understanding of the issues which are driving the Measure's supporters. More Information The League's web site at www.orlocalgov.or /g loc has a Measure 7 page that will be updated daily with the most up- to-date information available on Measure 7. Additionally, this newsletter will continue to be sent on a regular basis as events and implementation of Measure 7 unfold. LOC Staff Contacts: Implementation Issues: David Barenberg Land Use Issues: Linda Ludwig Legal Issues: Christy Monson (503) 588-6550 or 1-800-452-0338 What To Do about M7 Ordinances Because cities are relieved from the immediate pressure of processing Measure 7 claims, the League is suggesting that cities consider the following: P) If you have not yet enacted an ordinance, do not enact one, or enact one which does not include any "waiver" provisions. 2) If you have enacted an ordinance which contains a "waiver" provision, consider: O repealing the ordinance in its entirety, O amending the ordinance to delete any express or implied waiver authority, OR O amending the ordinance to make it effective only if Measure 7 takes effect. (ljyou choose this option, there are additional concerns; see below.) The League is making these suggestions for the following reasons: O Now that Measure 7 is temporarily halted, there is no need to have a Measure 7 ordinance in effect. You may always adopt one through emergency procedures if the injunction is lifted. Repealing the ordinances would allow our city attorneys additional time to consider important Measure 7 implementation issues. O Both the Department of Land Conservation and Development (DLCD) and 1000 Friends have indicated that they will appeal any city ordinances which contain explicit or implicit "waiver" authority. (Such appeals are likely to occur within 21 days after your city adopted its ordinance because your ordinance could be construed as a "land use decision," which is subject to the 21-day notice of appeal. Whether such ordinances are truly land use decisions is yet to be determined.) Oregonians in Action have suggested that they will also challenge ordinances regardless of any waiver provisions. O If your city decides to keep your ordinance in effect, adding the "not effective until Measure 7 is in effect" will not likely prevent 1000 Friends or DLCD from filing notice of appeal, but it may assist you in staying litigation in the event your ordinance is challenged. ('Continued on page three) Is Measure 7 in effect? Judge Paul Lipscomb of the Marion County Circuit Court has granted the League's request for a preliminary injunction, which temporarily stops the measure from taking effect until the Judge rules on its constitutionality. Some Measure 7 proponents argue, however, that Measure 7 goes into effect within 30 days of the vote - regardless of the injunction. Like most questions regarding Measure7, this question remains unanswered. While the League believes that this argument has little merit, we want our members to be aware of it. When will the Circuit Court decide on the merits of the League's suit? We anticipate that it could be as early as late January, or sometime in February. Should my city consider joining the League's suit? If your city councilors agree with the suit, your city should at least discuss joining the suit. Please contact Christy Monson at the League with any questions about the pros and cons of joining the suit. If the Circuit Court ruling is favorable, does Measure 7 go away? Yes and No. If the Judge rules that Measure 7 is unconstitutional, then Measure 7 would go away. If the Judge rules that Measure 7 is constitutional, the Measure would be in effect (it is unclear exactly when the Measure would be effective.) However, even if we obtain a permanent injunction, we fully anticipate that an appeal would be filed with the Court of Appeals. The Court of Appeals could rule on the case, or could send it directly to the Supreme Court for review. Even if the Court of Appeals hears the case, it could still be subsequently appealed to the Supreme Court, which would mean that a final decision on the case could take a considerable amount of time - up to 12-18 months. (What to do about M7 Ordinances, continued from page two) The League recommends that you review the above suggestions with your city attorney to determine which option is best for your city. Several city attorneys have reviewed the above suggestions and have concluded that each suggestion is viable, depending on what specific actions a city has taken. Please note, however, that the League does not issue legal opinions or give legal advice to cities. The above suggestions are meant to assist your city in deciding how to spend its valuable resources-on defending challenges to Measure 7 ordinances or on other matters. For more information on waivers, see our website or call Christy Monson at the League. Are there any other actions cities should consider taking immediately? Your city may want to consider re-evaluating your Measure 7 ordinances (see the "What to do about Measure 7 Ordinances " article in this newsletter). The League has suggested the following regarding ordinances: ❑ If you have not enacted a claims ordinance, do not enact one, or enact one which does not include any "waiver or release" provisions. ❑ If you have enacted an ordinance which contains a "waiver" or "release" provision or implies any possible "waiver" authority, consider: ► repealing the ordinance in its entirety (for possible re- adoption at a later date); OR ► amending the ordinance to delete any express or implied waiver authority; OR ► amending the ordinance to make it effective only if Measure 7 takes effect. ❑ Continue to be extremely cautious about adopting or passing any new rules, restrictions or ordinances that may affect property in your city. ❑ Consult with your city attorney before you adopt or pass ANY new rules, restrictions or ordinances. Although Measure 7 has been temporarily stayed from becoming effective with the passage of the temporary injunction, the League recommends that cities still be extremely cautions about adopting or passing any new rules, restrictions, or ordinances that may affect property in your city. The City Center @@_OC: Your Source for Measure 7 Information Are you keeping up to date on Measure 7? Since the passage of the Measure, The City Center @LOC has tracked news articles, legal issues, discussions, and the activities of cities and others on this critical matter. Our site is updated with the latest Measure 7 information each weekday. Visit us at http•//www.orlocalgov.loc/issues/Measure7/m7 page.html ...or, if your city doesn't have Internet access, call us at 503-588-6550. If you would like to contribute materials to the site or have comments, please e-mail them to Lynn McNamara (LMcNamara@orlocalgov.org). F C, League of Oregon Vies P.O. Box 928 11 o Salem, Oregon 97308 11 w Change Service Requested Perspective on Measure 7 "-w.orlocalgov.org/loc PRSRT STD US POSTAGE PAID SALEM OR PERMIT 50 Measure 7 Text BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: rHE CONSTITUTION OF THE STATE OF OREGON IS AMENDED BY ADDING THE FOLLOWING SUBSECTIONS TO SECTION 14 OF ARTICLE 1: (a) If the state, a political subdivision of the state, or a local government passes or enforces a regulation that restricts the use of private real property, and the restriction has the effect of reducing the value of a property upon which the restriction is imposed; the property owner shall be paid just compensation equal to the reduction in the fair market value of the property. (b) For purposes of this section, adoption or enforcement of historically and commonly recognized nuisance laws shall not be deemed to have caused a reduction in the value of a property. The phrase "historically and commonly recognized nuisance laws" shall be narrowly construed in favor of a finding that just compensation is required under this section. (c) A regulating entity may impose, to the minimum extent required, a regulation to implement a requirement of federal law without payment of compensation under this section. Nothing in this 2000 Amendment shall require compensation due to a government regulation prohibiting the use of a property for the purpose of selling pornography, performing nude dancing, selling alcoholic beverages or other controlled substances, or operating a casino or gaming parlor. (d) Compensation shall be due the property owner if the regulation was adopted, first enforced or applied after the current owner of the property became the owner, and continues to apply to the property 90 days after the owner applies for compensation under this section. (e) Definitions: For purposes of this section, "regulation" shall include any law, rule, ordinance, resolution, goal, or other enforceable enactment of government; "real property" shall include any structure built or sited on the property, aggregate and other removable minerals, and any forest product or other crop grown on the property; "reduction in the fair market value" shall mean the difference in the fair market value of the property before and after application of the regulation, and shall include the net cost to the landowner of an affirmative obligation to protect, provide, or preserve wildlife habitat, natural areas, wetlands, ecosystems, scenery, open space, historical, archaeological or cultural resources, or low income housing; and "just compensation" shall include, if a claim for compensation is denied or not fully paid within 90 days of filing, reasonable attorney fees and expenses necessary to collect the compensation. (f) If any phrase, clause, or part of this section is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force and effect. i3/0 / CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Bill Monahan FROM: Jim Hendryx DATE: February 9, 2001 SUBJECT: League of Oregon Cities - Measure 7 Lawsuit We polled several jurisdictions to see if they were participating in the League of Oregon Cities Measure 7 lawsuit. According to Dick Townsend of the League, donation requests were based on individual city populations. The smallest jurisdictions were asked to contribute $50; the largest jurisdictions were asked for $20,000. Amounts in between were $100, $500, $1,000, $3,000, $5,000, and $10,000. Following are the results of our poll: Sherwood: Turned over to the City Attorney's office, no response as yet. Hillsboro: Staff is recommending approval. The Finance Committee will meet 2/12 to discuss and will forward recommendation to City Council for the 2/20 City Council meeting. $10,000 Lake Oswego: They are participating. $10,000 Tualatin: They are participating - forwarded to the City Attorney's office. Weren't sure of the amount, but believe it is $5,000. Beaverton: On next Council agenda for approval. $10,000 Washington County: No response from the County, however, the League stated the County was participating. West Linn: No response a/I3/vI Cuun C S~zc o~ Scss~~ MEMORANDUM CITY OF TIGARD, OREGON TO: Gus Duenas, Ed Wegner FROM: Bill Monahan DATE: February 2, 2001 SUBJECT: City Attorney Proposal to Represent Unified Sewerage Agency Attached is a letter sent to me by Tim Ramis on January 25 requesting that the City consent to their representation of the Unified Sewerage Agency. As you can see from my letter dated today, I have asked for further documentation before taking this matter to the City Council. If you have any additional concerns on the prospect of our City Attorneys working with USA, please let me know. Thank you for your assistance. aft 1AAOMa1LLV.IEMOSCITY ATTORNEY REPRESENT USA DOC February 2, 2001 VIA FAX: 503-243-2944 OREGON Timothy V. Ramis Ramis Crew Corrigan & Bachrach 1727 NW Hoyt Street Portland, OR 97209 RE: Representation of Unified Sewerage Agency Dear Tim: I received your letter of January 24 wherein you request that the City assent to your representation of USA. Within your letter you mention that USA has asked you to perform some legal work to assist them in establishing alternate means of financing its public improvements. It is not clear to me whether the work involved could conflict with the interests of the City of Tigard. Specifically, could USA be looking at alternate means of financing which would place greater financial burden on the City? Would you please provide further detail on the nature and scope of the work proposed as well as the names of the members of the firm who would be involved in the work. Once I receive the information requested, I will schedule the matter for discussion with the City Council. As our business meetings scheduled for February should allow for discussion on either February 13 or 27. To be considered for the meeting of the 13th, complete documentation for review by the Council must be in our hands for delivery to Council on Tuesday, February 6. Please provide as much documentation as is available so that Council may review the. matter without further delay. Sincerely, 'e~~ William A. Monahan City Manager c: Ed Wegner Gus Duenas I: VDWaILLH£TiERS%REPRESENTATION OF USA.DOC 13125 SW Hall Blvd., Tigard, OR 97223 (503) 6339-4171 TDD (503) 684-2772 RAMIS CREW CORRIGAN & BACHRACH LLP 2001 January 24 ATTORNEYS AT LAW , RECEIVED C.O.T. 1727 N.W. Hoyt Street Portland, Oregon 97209 F E B 01 2001 (503) 222-4402 Administration Fax: (503) 243-2944 JEFF H. BACHRACH William A Monahan JOHN C. CALDWELL City Manager AMY A. CHESNUT CHARLES E. CORRIGAN* City of Tigard STEPHEN F. CREW 13125 SW Hall Blvd. HEIDI T. DECKER*** Tigard, OR. 97223 MARTIN C. DOLAN WILLIAM E. GAAR* DAVID 11. GRIGGS Re: Representation of Unified Sewerage Agency DANA L. KRAWCZUK SUE-DEL McCULLOCH ' Dear Bill: TODD W. O BRIEN**** T. CHAD PLASTER* TIMOTHY V. RAMIS The Unified Sewerage Agency has asked us to perform some legal PAUL D. SCHULTZ work to assist USA in establishing alternate means of financing its public WILLIAM J. STALNAKER N improvements. As you know, the City of Tigard has frequent dealings with NANCY S. TAUMA NELSON L. WALKER USA. Most of the dealings are cooperative, however the positions of the City and USA do not always coincide, and there are times when the City has COLLETTA** DOMINIC G. to take a strong position in negotiating with USA. As city attorneys for GARY FIRESTONE* GARY FI JOHN R. MCCULLOCH, JR. Tigard, we often take positions that are not agreed to by USA. If we are to OF COUNSEL undertake work for USA, there is a possibility that our representation of both USA and Tigard would be considered a potential conflict of interest SALEM OFFICE under ._;e rules of professional responsibility. However, we do not believe 21 Oaks Office Building 525 Glen Creek Rd., NW that an actual conflict of interest would ever result because we would not Suite 300 accept any work for USA on issues that directly affect the City of Tigard. Salem, Oregon 97304 Under the rules of professional responsibility, we are required to (503) 363-9604 Fax: (503) 363-9626 disclose this potential conflict to the City and obtain the City's consent to our representation of USA. If you consent to our representation of USA, oFFtc~ OREGON CrFY please sign below. Practicing a as as HIBBARD CALDWELL SCHULTZ RAMIS Sincerely, & CREW 1001 Molalla Ave., Suite 20 P.O. Box 1960 Oregon City, Oregon 97045 Timothy V. Ramis (503) 656-5200 Fax: (503) 656-0125 *Also Admitted To Practice In Washington **Also Admitted To Practice In California -Also Admitted to Practice in Utah ""Also Admitted to Practice in New Jersey ~M M TO: FROM RE: DATE: Item No. _ For Council Newsletter dated EMORANDUM Honorable Mayor & City Council Cathy Wheatley, City Recorderi ti' rn~~ Tentative Agenda - Review-March 20 & 27, 2001 Meetings February 7, 2001 Attached is the most recently updated tentative agenda. In particular, please note-the March 20 and 27, meeting dates. The March 20th meeting agenda is becoming quite full and some items could be rescheduled to March 27. However, Councilor Patton and City Manager Monahan will not be present on March 27, which is also during spring vacation week. Does Council want to consider cancelling this meeting? Staff will ask for Council direction during the Study Session portion of the February 13, 2001, meeting. Attachment I:\ADM\CATHY\COUNCIL\MEMO - AGENDAS FOR MARCH 01.DOC op N N O O V (D -4 _i co CD v v n < 0 (D co O CD C A. N C) 0 0 07 to (D m' O ~ 7 Z C - 'D N m L w A O c. ,0 p CO 0 IVw 0 c. 0. CD DTI M C2. N =r 5L O a o o fD 0 ) ~ ~ 0 ' CD = w D 7 p > v ' o -n = a (D > .o 0', 7 -n Qo ;0 ' 7 *0 13 o 0 O ` cn fD CD :3 cn Pr D 3 N a cn C Co rs + c 3 D d . 0> m p O r ;0 CD m c CD ' r CD cu m N c ~ w w m CD c 3 ~ 0 is D Z n~ cn a m y m m cn o v m CL v c N C c a 0 . v ~ C w o N D to p t0 • 0 O N N A a W 0 7 to D' 3 'f 0 0 Z N O Er 0) Z O O 'n Z Z W A C W ao n CO U) v ? 0 0) C O m O Q c CL r co r o . +c w o j CL N .O-s N co N N O N N D co N N !2! ` v W c O O W .-0 O O N =Y < T _ - a a) W ~ m fG y :(7 C vi ff =3 CD 0 w 0 (D C t O ai 7 (n fD N O I 1 "'1 u (CD O N CD 7 CD O 0) ~ --I CD v m a C' n (D D :3 °C n= m 0. N N w N O O 1 N co CD N W C G y A O W d O :3 m 9L O. 7 CD 'O C2 y ~ 3 0 0 I c D O CL m . -r ° ~ 0 o m e 0 5 C s O m c~ > > c D o a 7 3 n . 0 CD ~ fn W R 3 ' c (n r ^ Z ui N N ro a d R r m ; a ; CD ° ° Oo U3 K 2 p r CD a m OB 3 Q D N D O O 7 O X 10 C N O N n N 7 7 n ~ 3 3 ' N CL a) c c c o ni ~ d S Qo p m 0 S2 o w N W L v N O _ l CD W O N ► . D ♦ n N r A W CD O r O N N CD 7 W 7 CD Q - n Cg 3 m 7 to D) 0 - O Z O N Sf O O 7 S x d __7711 7 z O O z z „O„ N T y W rt 0 ~ 4 -7 a) X 03 Cl) !n O A m e O` O ;u a fl o m > > Cr. = 7 (D 'c W o m O j d N O+ m m N 0 'D f0 N N D to N (D y Vi ! D p W c 06 N 7 O CD <D (D ° o m < m . 2 a p m FD W co X 0 vi -u cf. C CD . :5 O O J- N CD M N C N 7 (/1 O CD CD O 3 N G7 7 CO W O {D E3 n O CD O 7 t~ 7 N d _o D~ CD 0 a~ N QJ V- r~ 2 h C ~ 0 O ~ U Q N U E ( n W Q c c c O o N c m ? co d 1.. CD a) y O U j i9 N 0) d L y m a v c E Q m Q U 3 c q O C 3 4 O 0 0 7 c i V- d E ° Z W O C 2 C ' W ° O y CL y y T Y w p a) M) % p_ Cl. ° Q a) 0 W L) 0 _ O 4 d O W C LL. y w y ° z O m = Y o U t CA W N In @~ c u: o - v V > 0 c = (n T Fm - o CL 0 c E c N c p c o LL_ o CA o Q = d m d) F- ° N O 0 C LL) - m a0 y y V CL Q C~ Q ' 4) y Of J 0 (L r N U) Y U D C N > . a 2 (D p N C c c0 V Cp CM M P c 2 n FU U Q o E a 0 03 o U L L 1 m Q m i o "r ) ' u C7 o o H u V ¢ . n p f E O O O E E E ~ n. c I-0 N m c c n O iv , -2 N C E co y c x tu a) a) C9 > ° m N v i co m (n o) a) to O C Q E H 2 n3 L, 45 O N E N pp 0) W .C U , Y (a 0 , U- m n uj s; . O *5 L) € N Y - z t 'O C7 E E 2 o a) O ° CL a) cn O . U Z y (n y v i c ~ W N O U O N d = O 7 > > } (CO 9) co 3 O O .y (D 'D C E C U C C r" ' l9 1 p j T y O Z J C 0) f9 LL. C N w 0 CD S E E 2 Ca C 0 O (n CL ' O :n (2 m v a U Z' U LL U ° 0 0 a) OI M ~ R1 N CO E ° C N y m v O H C E O) Q 0 C ca = ° C O U Q O Q O 2 C C T w O ~ .0 W U d E p Z = y D p_ U m > w V 3 ~ C 3 N c .o ° N ti Qj O o o c U o ' = Q ~ N ° + p N N 0 w V1 co o r V O CC a U - U' - m ~ ao W , C O • C w y E E 0 0 ` W O U C7 a ~ O C c E t m X Z o . c C O co U Z 1 ca ~ m w (n 2: 0 a: a) D E d (9 O Y Cr C U) w o T CD CL o m C L .3 E a) [L C9 o t O Z y o •U > o 0 C ) Co co O . p ~ C .C a _ O c w CO Q !L) ° O CL * r N Y G .x O p Ca O Z m N 3 _ E O O Q) Y - O -"j C) - O a y i E O 0 (D N N 0 n O Z M CO O r- M ti N ` i CD O) c9 a O C) N M N AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : February 13, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED ~~LSS j1~ZLCC)Cc:.. ckc-s 1 SL-/ vi \.L-[V (So~> fi - ~G 7b zYFf~~ , o(L ~\r CT S-C-0G Z"T C VISITOR'S AGENDA Page 1 AGENDA ITEM # 6. Z GL, FOR AGENDA OF February 13, 2001 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Bill Monahan DATE: February 6, 2001 SUBJECT: COUNCIL CALENDAR, February 2001-April 2001 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. February * 13 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting 19 Mon President's Day - City Offices Closed * 20 Tues Council Workshop Meeting - 6:30 p.m. * 27 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting March * 13 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting * 20 Tues Council Workshop Meeting - 6:30 p.m. * 27 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting April *10 Tues * 17 Tues * 24 Tues 30 Mon Council Meeting - 6:30 p.m. Study Session - Business Meeting Council Workshop Meeting - 6:30 p.m. Council Meeting - 6:30 p.m. Study Session - Business Meeting Budget Committee Meeting - 6:30 p.m. Tualatin Valley Fire & Rescue Community Room i:tadmWathyWou nciMccal.doc w N 0 O "O n~ CD s ;0 rn O d p o CD o m a n 3c 3 w (7 v C_ o. r y a o CD w 0 o V C) CD y D ao 7. CD , o CD C d C CD CD = z Z Z CD m ~ 7 f 3 - O r A = s 0 m r; -0 c C D c v F C T~ CD (D 0 cn = v d - m z o n o c z ~ 3 d O U) • 7 CD ~ 3 ~ Q I4 CD 3 90 = ~ y • O 7 1 w m r n n = ~ o rn w N b m ~ V CA O 0 < N p 0 p -u fl CD O O O N 0 C S N W 3 K N N a f A N O C 3 y CO a , m Qo Si CD m 9 CD O 9. n 7 r N CD CD 0 0 CD O :E• 7 n ~ a C f- 3 CO N 7 N c o = 3 ? to . tv Z o O W CD d cr p =i N = v C 3 3 Cl ' O 3 L x ;K m o - m a r N ' ' 9 m ' O CD O K O y CCCU~ X C N CD - v = ni 3 N 0 cn C C D v 0 0 cn co a a m W w X 3 C~ m m m co CD °1 C d O N y CQ N T ~ A O 41 ~ s m y W o CD CD CD D 0 T O = ~ C o = cr m 0 a O c 7 a 3 . N [U u) M a m 0 j 61 c = 7 O ' O 0 N N 9 o < c COD `F: a i 0 m Q° O w CD ;10 < o G7 a Qc CD X CD 0 y o m C_ 0 0 m z •D ^7' N w• ~ y Oi ~ o D ~CD D a ° ~ 'm m OL m w CD CO oo CL d ~ • , PO N 0 CD m ' o' co d N CZ CD o D~ CD 0 o. ~ N n. Anna ?tern an, , A - Meeting of 2 -l3 - Q/ `w N O O N fn CD is m a y a ~ A v' C- :E O 0 R w G m L; 0 m CD to CD m 0 'D 7 0 m I=D c N m 7 co -1 O 7 (D C Cl) y ' N O O ~ y Z O S 0 3 ' CD 3 O f N c Q @ cab d m ca 0 M m X 7 ~ N ~ a C/) (A IT 0 CD ~ m (D W vs 0 w H 0 a R iz) o n C3 CD ? • C !j O C3 c N d 0 7 7 m p 0 0 N N 'fl . d ~ z O z z 7 • M W C Q N C N 7 C m O • (n N W O fC O N "r H N W i m CD I p O N_ = M D > > ' X (n m 7 f° Di o In < 0 o 0 aci y 0 y ~ f0 m ~ CL N 7 N v a Z n z D j C d C1 N AGENDA ITEM # 3. FOR AGENDA OF February 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Correction to the Apri125 2000, City Council Minutes PREPARED BY: Cathy Wheatley U_'_ I~DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Correct error appearing in the April 25, 2000, minutes of the City Council Meeting. STAFF RECOMMENDATION Approve the staff request to correct the minutes as described in the information summary below. INFORMATION SUMMARY During some follow-up work on the 2000 ordinances, staff discovered that the minutes for April 25, 2000, City Council meeting incorrectly lists the adoption of Ordinance No. 00-20 as Ordinance No. 00-17. On the attached excerpt of the minutes, please note Item No. 6 and the correction shown. The error apparently occurred because the next resolution number would have been 00-17 at that time (while the next ordinance number in the sequence was 00-20). Staff requests that the Council approve the corrected minutes. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Excerpt of the April 25, 2000, City Council minutes. FISCAL NOTES N/A I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\CORRECT 425.00 MINUTES.DOC Excerpt - April 25, 2000, Tigard City Council Meeting Minutes Agenda Item 6 Noting Correction that Ordinance No. should be shown as No. 00-20. (St ike & text to be deleted; underlined text to be added.) 6. CONSIDER AN ORDINANCE TO ESTABLISH A NEW FRANCHISE AGREEMENT FOR LOCAL TELEPHONE SERVICES TO BE PROVIDED BY NEXTLINK, OREGON, INC. Motion by Councilor Moore, seconded by Councilor Patton, to approve Ordinance 00- 4-7 20. The City Recorder read the number and title of the ordinance. ORDINANCE 00-004-7 20, AN ORDINANCE GRANTING NEXTLINK OREGON, INC., A WASHINGTON CORPORATION, A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS OF WAY, AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT AND DECLARING AN EMERGENCY. Motion was passed by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] Attest: I:WDM\CATHY\000NCIL\TEXT OF CORRECTION TO MINUTES.DOC 1"" -Uzp at erne eat ey, A ecor r AGENDA ITEM # '5-4- FOR AGENDA OF February 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET AMENDMENT #6 TO THE FY 2000-01 ADOPTED BUDGET TO TRANSFER FUNDS FROM THE PUBLIC WORKS OPERATING APPROPRIATION TO THE GENERAL FUND CIP APPROPRIATION TO ALLOW THE REPLACEMENT OF THE HVAC UNITS IN THE POLICE BUILDING. PREPARED BY: Craig _Prosser DEPT HEAD OK _IA 1/ CITY MGR OK ISSUE BEFORE THE COUNCIL A budget amendment is required to transfer appropriations from the Public Works operating budget to the General Fund CIP budget to cover additional identified costs of the Police HVAC Replacement Project. STAFF RECOMMENDATION Approve the resolution so that sufficient appropriations exist within the Capital Improvement budget to cover the costs of the Police HVAC replacement project. INFORMATION SUMMARY The FY 2000-01 Budget and CIP includes a project to replace the HVAC units in the old portion of the Police building. At the time the budget and the CIP were built, staff estimated this project would cost $125,000. Further project definition and engineering design has now revealed that this project will cost $215,000, or $90,000 more than was budgeted. The additional cost of $90,000 will be covered by transferring $90,000 of appropriation from the Public Works operating budget (capital outlay). Due to an oversight in the development of the FY 2000-01 budget, the Police HVAC project was included both in the capital budget and in the operating budget. Since this project is properly a capital project, the operating budget appropriation for this project will not be spent. It is therefore possible to transfer appropriation from the operating budget to the capital budget without drawing down the General Fund contingency. Staff briefed the Council and Budget Committee on the need for this budget amendment at their meeting on January 23, 2001. OTHER ALTERNATIVES CONSIDERED Delay the project until FY 2001-02. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST None FISCAL NOTES This amendment transfers appropriations within the Adopted City budget, avoiding a draw down of the General Fund Contingency. AGENDA ITEM # 3.,5- FOR AGENDA OF February 13- 20.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE do_CoMMittee PREPARED BY: Susan Ko=ing DEPT HEAD OK CITY MGR OK -644 Appointments to the Budget Committee. Adopt the attached resolution appointing Sydney Sherwood, and Irene Moszer to the Budget Committee. On February 1, 2001 the Mayor's Appointment Advisory Committee interviewed candidates for openings on the Budget Committee. Attached is a resolution which, if adopted, would approve the appointments recommended by the Mayor's Appointment Advisory Committee. Delay action on the appointments. Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. None JtIVI tlT r-cHr1,2UN 1-114APIl,lAL3 DUO Ulu UDUI j JHIV-tl-.JI 1 I IVH:dj rHUC ii FAMOMM 01/U8/2001 09:60 FAX 5098847297 City of T1 I gard 0001 Pas?-Ir Fax Note 7671 5a41 ,6 ""1 S CoJD Ca Pha» A Phone 66 / 70 Fac O Q pax i ' 1 Citizen - Cbmmittee Interest Application CFFY F 0REG®M Datv.. Q&~2, Name: o~ E-mad: ' S•S~~°YLro~~~rkf ~3 Address ( /(>3 S ~2'd Res. Phone: Address (Bus.)-/~/~5.~`/.eJ/t Pp.Q~~,S/~~• _ v Bus. Phony ,60-3 Length of Residence in Tigard: , - - - Suggested by. Where did you We prM' iously: ~ Educational JB=kground: Occupational tastes and Background: / U How long (wive you been employe~dd with this Previous Community Activity: f' - ~u~3 h _ v dfirr J M Any other pertinent information you want to shar& t - , S/,¢ . /9 i /11 /712 L£/~G-~ " Please return thisform to Sg& Koepp: g, City of Tigard2S Hall Blvd,, Tigard, OR 9722,3 13125 SW Hcm 81vd•. Tigard, OR 97223 (503) 539-4171 MD (503) 884-2772 •KOmraerslert>>~1 rnret:.eao DEC-29-2000 10:13A FROM:MOSZER 50357942% TO:5036847297 P:2/3 CL'1'1GhN L.Ull21V111 1 Lt✓' IN 1 =cGb 1 tirrJ" rs t ivly , ar~ a v... RECEIVED C.O.T. DEC 2 9 2000 ry of Tigard Administration Citizen Committee InteFUS1 Rpplicatiol! POF Version of Citizen Interest Application Thank you for your interest. Please print this form, fill out and return to: Susan KoepTLing, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 or Fax to (503) 684-7297. Name: j„ f • M0q?A Date: It. a~ e~ Address (Res.): Res. Phone: t y 6 q sw ~63) 51q- 11110AJ- OR 172, -L Address us.): Bus. Phone: S 3 TC-01aesT (EMS, t 1711 Email Address: Suggested by: Length of Residence in ~ Where did you live i Tigard: 2 ~ o` s~ (~9 qi~ prev Educational Baclround: - , s AS . Occupational S tatVs and Backgrqli j :7 -f - C VIA. r' fte ~6v 1) " z d ~ 1 ■ p A" "L. I.i I V~.' ~S 04~''~~ I l~~s 1' ht http://wvvw.ci.tigar onus .../citize~_co flee lnterest_app i. 1 12/2 1/00 UE(;-d`J-c'UOU 1U: 1,5H h MUM: MU5Lth bWb (`J4eUb I U: t>u-* U4 (dJ CITIZEN C:f.➢MMI-I-I'EE INTEREST APPLICATION Page 2 of 2 i How long have you been employed with this arm: ,5 Community Activity: . 1 o . and Offices: 10 A4 1, Oth er Info (General Remarks): I{• • . f XGA-A Bo ds or Committ Interested in: 0aL"- -H -0-t Any other pertinent information y want t sh ? Please return this form to Susan Koepping, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 City o£Tigard, 13125 SW Hall Blvd- Tigard OR 97223 (503) 639-4171 http://www.ci.tigard.or.us/V.../citizen committee-interest appli.ht 12/21/00 LhC ~,y-cb00 10:13H FROM:MOSZER 5035754286 70:5036847297 P:1/3 14169 SW 134" DRIVE o TIGARD, OR 97224 VOICE: (503) 579-8286 FAX: (503) 579-4286 Vdapix To.. Susan Koepping, Volunteer Coordinator, City of Tigard 1Ef % COA '7em Pan=s: 3 Dafm-. December 29, 2000 Time: nnonimn I am volunteering to serve on ttra City of Tigard Budget Committee and am sending the completed Citizen Committee Interest Application with this fax. While we have moved to Oregon only In August. I want to participate in our community. This Budget Committee opening is a good opportunity, where I can employ my sIdD set to the advantage of my neighbors in Tigard. Please let me know how I can be of service to Ti rgard. CH IMPORTANT NOTICE: THIS PAGE AND ALL FOLLOWING PAGES REPRESENT CONFIDENT" IN-rOWATI ' 014,0011 IS INTENDED FOR A SPECIFIC 1NDMDUAL AND PURPOSE. ANY OTHER LOSE AND/OR BY ANY OTHER INDIVIDUAL IS PROHiBnW. i riis FAX TRANSM1=0N IS P4t`./ ;TE AfA PROTECTED BY LAW. AGENDA ITEM # 3. Le Cc-. FOR AGENDA OF 2 / 13 / 01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE AUTHORIZE THE PURCHASE OF A TANDEM VIBRATORY ROLLER PREPARED BY: Howard Gregory DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the Local Contract Review Board is the purchase of a Dynapac model CC122 tandem vibratory roller from Western Power and Equipment in the amount of $27,687.00. STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board authorize the purchase of a Dynapac Model CC 122 vibratory roller under the cooperative purchasing agreement using the Unified Sewerage Agency specifications. INFORMATION SUMMARY An advertisement for the purchase of a roller was submitted on November 10, 2000 with bid closing on December 5, 2000. We received one bid, which was $3,499.00 over the budgeted amount of $30,000.00. In November of 2000, Unified Sewerage Agency completed the bid process for a piece of equipment that met our bid specifications and received four bids. Bid received from Western Power and Equipment, low bidder met the specifications and was $2,313 under our budgeted amount. The existing roller will not be used as a trade in, but will continue to be used for small jobs, in conjunction with or as a back up to the new roller. The existing roller purchased in 1989 has been in service for fourteen years and with the growing demand for street maintenance, the performance and adequacy of this small, older piece of equipment falls short of the department needs. The increasing amount of traffic on city streets, and the growth of the cities population requiring new utility services, and older services that need repair, requires a constant never ending need to keep up with the asphalt work associated with these issues. Tile proposed piece of new equipment will be used on sixty repair projects per year. This larger, faster roller will increase the production rate and allow the Street Division to meet its annual repair goals. The proposed roller is 17.1 inches wider and is 2,022 pounds (1.01 tons) heavier than our existing roller which allows the proposed equipment greater compaction and slightly less than 1/3 more surface coverage. Although top speed is not a critical factor in most cases, in asphalt work during cold weather, the asphalt temperature can fall below 170 degrees quickly, rendering it useless. In large asphalt patches it is essential that they be rolled as soon as possible. The Street Division is also responsible for maintaining all rock roads within the City limits. Maintenance on these roads is completed annually, and the use of a new, larger, faster roller would enable the crew to complete the assignment more expeditiously allowing them to proceed with other projects. OTHER ALTERNATIVES CONSIDERED Reject the option of purchasing this equipment roller from Western Power and Equipmentunder the cooperative purchasing agreement. Readvertise for new bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST ■ A copy of the Unified Sewerage Agency's Agreement for the purchase of the tandem vibratory roller. Unified Sewerage Agency's Specifications for the tandem vibratory roller. A letter from Western Power and Equipment on exception to the specifications. ® Warranty information from the manufacturer. FISCAL NOTES In the budget for the fiscal year of 2000/2001 an amount of $30,000.00 was identified for the purchase of a tandem vibratory roller. The Dynapac model CC 122 roller from Western Power and Equipment is $27,687.00, which is $2,313.00 under the budgeted amount. UA (~5H AGENDA UNIFIED SEWERAGE AGENCY BOARD OF DIRECTORS Category: Consent Agenda Title: AUTHORIZATION TO SIGN CONTRACT FOR THE PURCHASE OF A TANDEM VIBRATORY ROLLER FROM WESTERN POWER _ Presented By: Bill Gaffi, General Manager (ds SUMMARY (Attach Supporting Documents If Necessary) The Unified Sewerage Agency (USA's) Field Operations Construction and Ditching Program crews repair and maintain both sanitary and storm sewer systems in the unincorporated portions of Washington County. USA has recently taken on the responsibility for house sewer lateral repairs within its right-of-way. Crews are required to dig up and re-pave sections of the street in order to make these repairs. USA currently owns a single vibratory roller for re-paving streets that is over 15 years old. This unit lacks the compaction capabilities and modern safety features that are currently needed for this repair work. Staff researched the feasibility of renting a roller and determined that the cost of renting on an as-need basis coupled with the staff time to pick up and return the rental made purchasing the most cost-effective solution. Staff recently issued a request for proposals for a new roller. The vendor selection criteria included specifications, price and delivery date. The evaluation scores are as follows: Vendor Score Western Power 99 Clyde West 97 Cessco Inc. 97 Halton 95 Staff recommends that the contract be awarded to Western Power, which received the highest score. This vendor also submitted the lowest price. FISCAL IMPACT: $27,687.00 Budget Information: Fund 300, Program 8371, Object Code 53300 REQUESTED ACTION: Authorize the General Manager to sign a contract with Western Power in the amount of $27,687.00 for the purchase of a tandem vibratory roller. (Agreement is available at the Clerk's desk.) APPIIOVED UNIFIED SEWERAGE AGENCY BOARD OF DIRECTORS MINUTE ORDER H .1./A5A... DATE s2 - -.7f 0 \Y. r~ ss rirr a Agenda Item No.i E . _ Date: 12/19/00 000059 AGREEMENT FOR PURCHASE OF TANDEM VIBRATORY ROLLER This agreement, dated 1)eCu~~a , is between the Unified Sewerage Agency of Washington County ("Agency") and Western Power ("Seller"). RECITALS 1. Seller has submitted a bid or proposal to Agency for the sale of certain goods; 2. Seller is in the business of selling said goods and is aware of the purposes for which Agency will use the Goods; 3. Agency is relying on Seller's judgment in selecting goods suitable for Agency's purposes; 4. Agency and Seller wish to enter into a contract under which Agency shall purchase the goods described in Seller's bid or proposal from Seller. TERMS AND CONDITIONS 1. Description Agency shall purchase one (1) Dynapac model CC122 Roller ("the Goods") from Seller. The Goods are described in Seller's specifications and product literature, which are attached as Exhibit A and hereby made a part of this agreement. Seller warrants that the Goods meet the specifications contained in the Agency's RFP for this agreement except as noted in Seller's proposal for this agreement. 2. Price/Payment A. Agency shall pay a purchase price of $27,982.00 for the Goods, F.O.B., Field Operations Facility, 2871 SE TV Hwy., Hillsboro, Oregon 97123. The price of the Goods shall be considered the total purchase price. The total purchase price shall be considered payment for all of Seller's obligations under this agreement. Seller shall invoice Agency for the Goods upon delivery. Agency shall have thirty (30) days after the receipt of Seller's invoice in which to make payment. Seller shall be responsible for the payment of all taxes associated with the sale of the Goods. Agency is exempt from the payment of federal excise taxes. Page 1 Agreement for Purchase of Tandem Vibratory Roller B. Pursuant to ORS 279.015, other public agencies may use this agreement to purchase equipment that is identical to that described in this agreement for the price stated in this agreement. The conditions of such use by other public agencies shall be: 1) that such agencies must establish contact with Seller and must enter into a separate contract with Seller that contains negotiated delivery requirements and other contractual terms and conditions; and 2) that such agencies must enter into said separate agreement within (to be added) months/years of the date of this agreement and 3) that the agency accepts no responsibility for performance by either the seller or other public agencies using this agreement. With such conditions, Agency consents to such use by another public agency. 3. Delive Time is of the essence. Seller shall deliver the Goods to the Agencies Field Operations Facility, 2871 SE TV Hwy, Hillsboro, Oregon 97123 no later than 40 days after receiving Agency's purchase order. If shipment of the Goods is delayed more than twenty (20) days, Agency shall have the option to expedite the shipment of the Goods by directing Seller to employ a premium transportation mode such as, but not limited to, exclusive-use van. Seller shall bear all costs of said transportation. 4. Operations Manuals Seller shall deliver to Agency two (2) bound copies of the applicable operations and service manuals for the Goods. Seller shall deliver the manuals at the time of the delivery of the Goods. 5. Acceptance Agency shall notify Seller in writing that Agency has accepted the Goods after Agency has inspected and tested the Goods. 6. Training Seller shall provide training to Agency's personnel in the proper operation of the Goods. This training shall consist of not less than four (4) hours in the field. Agency reserves the right to videotape the training. Seller and Agency shall schedule the training at a mutually convenient time, but not more than fifteen (15) days after the delivery of the Goods. 7. Risk of Loss Seller shall bear the risk of loss or damage to the Goods until Seller has completed delivery. Seller shall' also bear ib.e risk of loss or damage to the Goods whenever the Goods are in Seller's possession or control for maintenance or repair purposes. Page 2 Agreement for Purchase of Tandem Vibratory Roller 8. Warranty Against Defects A. Seller warrants that the Goods shall remain free of defects in material and workmanship for a period of one (1) year- commencing the date of Agency's acceptance. Such defects shall include any failure of the Goods to meet Seller's specifications or the description contained in Seller's product literature. If within the warranty period Agency discovers such a defect, Seller shall repair or replace the defective item or component free of charge. If after three attempts, Seller is unable to eliminate a defect, or if Seller does not commence the warranty work within the time allowed in this paragraph, Agency shall have the right to return the defective item or component and, at Agency's option, either obtain a full refund of the purchase price of the Goods or obtain a refund, in an amount to be agreed upon by the parties, of the portion of the purchase price of the Goods that is allocable to the defective item or component. B. Seller shall commence all warranty work within 24 hours of receiving notice of the need for warranty work from Agency. All warranty work shall be performed at Agency's facilities unless otherwise agreed by the parties. This warranty shall apply to all repair parts furnished by Seller and all repairs performed by Seller. 9. Patent Infringement Warranty Seller warrants that none of the Goods, the use thereof or any of the applications, processes or designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent application, copyright, trade secret or any other property right of any third party. If as a result of any suit or proceeding alleging an infringement of any of the foregoing property rights Agency's use of the Goods is enjoined, Seller shall at no cost to Agency either obtain for Agency a license to use the Goods or modify the Goods so as to avoid the infringement without any degradation in performance. If Seller cannot obtain such a license and cannot so modify the Goods, Seller shall promptly refund to Agency the purchase price, less a reasonable amount for depreciation. 10. Assignment of Manufacturer's Warranties Seller hereby assigns all warranties of the manufacturers of components of the Goods to Agency to the extent such warranties are assignable. In the event Seller must obtain the consent of the manufacturer or take other action before any such warranties are assignable; Seller shall do so prior to delivery. 11. Indemnity/Hold Harmless Seller shall defend, indemnify and hold harmless Agency, Agency's officers, employees, agents and representatives from and against all claims, demands, penalties, and causes of Page 3 Agreement for Purchase of Tandem Vibratory Roller action of any kind or character, including the cost of defense thereof, including attorney fees at trial and on appeal, arising out of, or in any way occurring incident to, or in connection with Seller's negligent performance of this agreement, except, however, that the foregoing shall not apply to liability that arises out of Agency's negligence. 12. Patent Indemnity Seller shall defend, indemnify and hold harmless Agency, Agency's officers, employees, agents and representatives, from and against all legal expenses which may be incurred as well as all damages, losses and costs which may be assessed against or bome by Agency by reason of any or all actions or proceedings charging infringement of the property rights of others, including patent, trade secret or trademark rights or copyright, by reason of Agency's use of the Goods sold under this contract. 13. Vehicle Insurance If Seller will be delivering the Goods, Seller shall provide Agency a certificate indicating that Seller has business automobile liability insurance in the minimum amount of $500,000.00 per occurrence. Said insurance shall name Agency as an additional insured and shall require written notice to Agency thirty (30) days in advance of cancellation. If Seller hires a carrier to make delivery, Seller shall ensure that said carrier complies with this paragraph. 14. Commercial General Liability Insurance If the Seller will be installing or testing the goods, or otherwise performing services on Agency's premises, Seller shall provide a certificate indicating that the Seller has commercial general liability insurance in the amount $1,000,000 per occurrence and $1,000,000 general annual aggregate. Said insurance shall name Agency as additional insured and shall require written notice to Agency (30) days in advance of cancellation. The requirements of this paragraph are in addition to the requirements of paragraph 13. If Seller hires a SubSeller to perform service on Agency's premises, Seller shall ensure that Seller's SubSeller complies with this paragraph. 15. Termination A. Agency may terminate this agreement without cause at any time prior to the completion of delivery. In the event of such termination, Agency's liability to Seller shall be limited to the reasonable value of work performed by Seller and the reimbursement of reasonable expenses incurred by Seller prior to the time Seller received Agency's notice of termination. In no event shall Agency's liability exceed the purchase price of the Goods. B. Agency may terminate this agreement at any time pr.:or to Agency's acceptance if Page 4 Agreement for Purchase of Tandem Vibratory Roller Seller has breached this agreement and has not cured the breach within five (5) days after receiving Agency's written notice of breach. 16. Integration This document constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement and no waiver by a party of any right under this agreement shall prejudice the waiving party's exercise of the right in the future. 17. No Contingent Fees Seller warrants that Seller has not employed or retained any company or person, other than a bona fide employee working solely for Seller, to solicit or secure this agreement, and that Seller has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Seller any fee or consideration of any kind, contingent upon or resulting from the award or making of this agreement. In the event Seller breaches the warranty contained in this paragraph, Agency shall have the right to deduct from the contract price or otherwise recover the full amount of such fee or consideration. 18. Amendments; Waivers No waiver of any portion of this agreement and no amendment, modification or alteration of this agreement shall be effective unless in writing and signed by Seller's authorized representative and Agency's General Manager or the General Manager's designee. 19. Attorney Fees If any dispute arises concerning the interpretation or enforcement of this agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non- prevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. 20. Interpretation of Agreement A. This agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this agreement are for ease of reference only Page 5 Agreement for Purchase of Tandem Vibratory Roller and shall not be used in construing or interpreting this agreement. 21. Severability/Survival If any of the provisions contained in this agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the ,'imitation of liability, indemnity and conflicts of interest shall survive the termination of this agreement for any cause. 22. Approval Required This agreement and all amendments shall not be effective until approved by Agency's General Manager or the General Manager's-designee and, when required by applicable Agency rules, Agency's Board of Directors. 23. Choice of Law: Venue Oregon law, including the Uniform Commercial Code as adopted by the State of Oregon shall govern this agreement and all rights, obligations and disputes arising out of the agreement. All disputes and litigation arising out of this agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. UNIFIED SEWERAGE AGENCY OF WASMNGTON COUNTY By: zeite General Manager :APPRO AS T FqFAVT~ USA o Page 6 Agreement for Purchase of Tandem Vibratory Roller EXEC[BTa A SPECIFICATIONS TANDEM VIBRATORY ROLLER GENERAL 1. Must be current year model, new and unused ROLLER 2. 48" approximate drum width 3. Hydrostatic travel and vibration drums 4. Dual drum vibratory, with rear drum lockout 5. Spring applied hydraulically released parking brake 6. Vibration control in travel lever 7. Hydrostatic articulating steering 8. Diesel powered engine 9. 2 scrapers per drum 10. Adjustable operators seat 11. Plastic waster tank construction 12. Pressurized water system 13. Full gauge package for oil, water, battery, brakes, hour meter 14. Lockable engine cover and vandal proof instrument cover 15. Emergency stop button 16. Fold down BOPS with seat belt 17. Weather resistant wiring 18. Work lights front and rear 19. Backup alarm 20. 2 sets of operators and service manuals 21. Service facility within 50 mile radius 22. 4 hours of training at Filed Operations facility Page 1-Exhibit A-Specifications Tandem Vibratory Roller POWER & EQUIPMENT Wednesday, November 22, 2000 Mr. Dane Smith Unified Sewerage Agency of Washington Co. 155 N. First, Suite 270 I[illsboro, OR 97124 Dear Dane: Please note the only exceptions to your published Specifications, marked Exhibit A, are: #4 Dual drum vibratory, with our front drum capable of being shut off electrically from the console. #13 Our console contains a fuel gauge plus warning lights for: air cleaner restriction, brake engagement, engine oil pressure, engine temperature, and low charge. An hour meter is also located in the engine compartment. Dane, we believe the equipment as quoted meets or exceeds your expectations. On behalf of Western Power & Equipment, thank you for the opportunity to quote Dynapac Rollers. Sincerely, Robert F. Zimmer Sales Representative 1745 N.E. Columbia Boulevards Portland, OR 97211 Telephone: (503) 283-2461 • Fax: (503) 283-2879 a Toll-Free: (800) 638-9941 a Website: http:/Avww.westempower.com/ Page 2 - Exhibit A Specifications Ta~dnm tr{}~ratnvs~ Ant ~ or Recommended Bid Specifications CCI02 Series Description: Self-propelled 2.5-ton double-drum asphalt vibratory roller General: A self-propelled vibratory tandem roller with drive and vibration in both drums for use on compaction of asphalt, as well as base and sub-base granular materials. Both drums are machined and have self-lubricating eccentric bearings. Specifications: Operating Weight: Minimum 5,100 lbs. Maximun 6,100 lbs. Drum Width ................................................Minimum 42 inches Drum Diameter .Minimum 27 inches Drum Shell Thickness .Minimum 0.5 inches Vibration Frequency: Minimum 3,300 vpm Maximum 3,840 vpm Vibration Amplitude (nominal): .Minimum 0.02 in. Centrifugal Force (per drum): . Minimum 4,840 lbs. Maximun 6,4401bs. Speed Range: . 0-5 mph Curb Clearance: Minimum 22 in. Static Linear Load: ................................Minimum 59 pli ( 2,312 kg) ( 2,766 kg) (1,066 mm) ( 685 mm) ( 12 mm) ( 55 Hz) ( 64 Hz) ( 0.55 mm) ( 2,195 kg) ( 2,920 kg) ( 0-8 kph) ( 558 mm) (10.5 kg/cm) Engine: Four stroke diesel engine with minimum 30 hp SAE at governed rpm. Fuel Tank capacity for 8 hours of continuous operation. Propulsion: Direct hydrostatic drive on both drums to be provided from the diesel engine via a variable displacement pump and hydraulic fixed displacement motors for each drum. Gradeability; minimum 40%. ( All hydraulic hoses and fittings according to SAE standards.) Vibration System: Vibration system on each drum through direct hydrostatic driven motors. An electric vibration on/off control of the fror+, drum to be standard. Operator Visibility: Operator shall have full visibility of area being compacted. Standard features shall include a sliding seat (left-right & front-back) and dual forward/reverse controls. Steering: Hydrostatic, center-pivot articulation with one or two steering cylinders and a locking device for transport and lifting. Brakes: Hydrostatic in drive train. A fail-safe emergency/parking brake shall be provided. Water Sprinkler System: Polyethylene water tank of at least 40 gal. (151L) capacity. Picssurized system with automatic spray control. Electrical System and Instrumentation: A2V battery. Instruments shall include hour meter, engine oil pressure light, high engine temperature light, battery charge, horn & manual/automatic sprinkling control. Lockable instrument and engine covers. Page 3 - Exhibit A Specifications Tandem Vibratory Roller DYNAPAC MFG INC WARRANTY - DISCLAIMERS - LIMITATIONS LIMITED WARRANTY Dynapac Mfg Inc (DYNAPAC) and its authorized dealers hereby extend to the purchaser (BUYER) of each new Dynapac tradename machine (MACHINE) purchased from DYNAPAC and its authorized dealer the following limited warranty: It is agreed that, subject to the exceptions set forth below DYNAPAC will, through its authorized dealers, repair or replace a part of newly purchased Machine which proves to be defective in material or workmanship during the twelve (12) months or one thousand five-hundred (1500) service hours, whichever shall expire first (the warranty period), immediately following the delivery of said Machine to the end user which first takes delivery of said Machine, and the foregoing shall include certain compensation for the labor costs to accomplish the repair or replacement of the defective part. The foregoing limited warranty does not cover: (i) any part of a warranted Machine found to have been damaged by abuse, accident, misapplication or other casualty or by a failure to maintain or use the warranted Machine in accordance with the applicable manuals or instructions, (ii) any part of the warranted Machine found to have been damaged by improper repair or consequences of such repair, (iii) any part of the warranted Machine found to have been damaged by modifica- tions or alterations not authorized by DYNAPAC or the consequences of such modifications or alterations, (iv) any part replaced as part of normal maintenance or labor tj perform such maintenance, (v) overtime labor premiums or other labor premiums of any kind, (vi) any transportation charges for replaced or replacement parts, equipment or for the warranted Machine itself in connection with any stage of the warranty process, (vii) any trade accessories, parts or major component, which retain their original identity, not manufactured by DYNAPAC, but purchased by DYNAPAC from other manufacturers to become part of the warranted Machine. Such parts or components shall be covered by the warranty, if any, of the manufacturer of such parts or components. In specified cases said warranty shall be administrated by such manufacturer. DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATIONS OF REMEDIES THE FOREGOING WARRANTY TO BUYER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES AVAILABLE TO THE BUYER ARE LIMITED TO MAKJNG A CLAIM THROUGH AN AUTHORIZED DYNAPAC DEALER ON AN APPROVED DYNAPAC CLAIM FORM UNDER. THE FOREGOING WARRANTY AVID ARE EXCLUSIVE AND EXPRESSLY LIMITED TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THETERMS OF SUCH WARRANTY. Page 4 - Exhibit F. Specifications LIMITATIONS OF LIABILITY AND DAMAGES Regardless of whether a claim against DYNAPAC is based on the foregoing warranty or is an action in contract, tort (negligence or strict liability) or otherwise DYNA.PAC's liability for losses, damages or expenses of any kind arising from the design, manufac- ture, repair or sale of the Machine is limited, unless otherwise prohibited by law, to an amount not exceeding the cost of performing the obligation contained in the foregoing warranty and in no event shall DYNAPAC's liability exceed the value of the Machine or part thereof giving rise to such liability. CONSEQUENTIAL AND SIMILAR DAMAGES ARE NOT RECOVERABLE Except for performing the obligations of the foregoing warranty in accordance with its terms DYNAPAC shall have no liability for loss, damages, or expense attributable to a loss of use of a Machine, loss or damage to property other than the Machine, loss or damage to the Machine or any part thereof or any other economic or commercial loss or special or consequential damages (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even though the limitation of remedies in the foregoing sections is found to fail of its essential purpose under section 2-719 of the Uniform Commercial Code. ALLOCATION OF RISK The foregoing warranty disclaimers, limitations of liability and limitation of remedies are bargained a!locations of risks against (i) the Buyer of the Machine, (ii) the Distributor which sold said Machine, and (iii) the Manufacturer of said Machine which is a third party beneficiary of the contract of sale between the Buyer and the Dealer. The Buyer accepts the foregoing warranty and the other bargained allocations of risks as part of the agreed price for the purchase of the Machine to which the foregoing warranty applies. Manufacturer and Dealer are prepared to offer different warranties and other allocations or risks for other prices. However, any such change in the warranty or the allocation of risk must be confirmed in writing by all of the effected parties. a _ STATUTE OF LIMITATIONS H Any action by the Buyer of a Machine for breach of contract, for breach of warranty arising under, or for a cause of action arising out of the sale of Machines, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one year after the cause of action has accrued. Any such cause of action shall be deemed to have accrued at the earlier of Wa (i) the discovery of the defect or breach, or Q (ii) six (S) months after the Buyer has put the aforesaid Machine into service. Page 5 - Exhibit A SF To-AA - -I DYNAPAC CC. 102/122 VIBRATORY TANDEM ROLLERS Page 6 - Exhibit A Specifications Tandem Vibratory Roller Vibratory tandem rollers CC 102/122 For small construction operations The CC 102/CC 122 are two modern vibratory tandem rollers in the Dynapac range of products. These rollers weigh 2.5 tons and 2.9 tons respectively. They are designed primarily for minor construction jobs and maintenance operations on pavement, bicycle paths, driveways, small street- and parking lots. The CC 102 and CC 122 drum widths, 42 and 47 inches, are ideally suited for keeping up with small-size asphalt pavers. These rollers are often used for pot hole repair and small-scale maintenance work. CC 102/CC 122 can also be used for the compaction of sub-base and base courses. Both machines feature an ideal, modem design with regard to the operator envirc,nment. The shock mounted operator platform, which reduces vibration in the operator station to a minimum, is standard equipment. The rollers are fitted with an easily adjustable operator's seat which can be moved sideways, forwards, and back- wards. This provides a clear view of the drum edges. The machine frame is narrower than the width of the drums and curb clearance is 21 inches, facilitating high-precision compaction operations. The articulated steering and a very short turning radius also contribute to easy operation of the machines, even in tight spaces. Efficient, flexible and trouble free A large, corrosion-free water tank made of impact-resistant plastic facilitates use of the machine for long periods, without stops for refilling. Triple filtration and easily accessible filters effectively prevent debris from clogging the system. Dynapac's high capacity spray nozzles are optimally positio:;ed to ensure proper drum wetting. Variable frequency and centrifugal force combined with electronic control for two drum or single drum vibration make the CC 102/122 extremely flexible rollers. The efficient engine, hydraulic system and high torque drive motor provides excellent gradeability for climbing steep driveways or even trench work. Suited for modern requirements • Long servi. ztervals • few service points • High transport speed • Excellent operator comfort • Heavy duty features to withstand rough treatment • Optimum compaction capacity and ease of operation • Modern quiet diesel engine with low emissions • Modular design, which facilitates excellent access to all components High resale value 12 Capacity tables acc. to Svedala Dynapac Int. High Comp Centre. ® cc 102. R CC 122 Page 7 - Exhibit A Specifications T..-..7 tilt..-~.-_.-- • - STANDARD Adjustable seat Armrests, dual for std.seat Automatic Water Control (AWC) Battery master switch Brake release tool for towing Emergency stop, hand operated F/R dual levers Filters for sprinkler system Gauge, diesel fuel High torque drum drive Horn Hour meter Hydraulic checkpoints Lifting points Lockable instrument panel Rubber mounted operation platform Sliding seat Warning light, air cleaner Warning light, brake Warning light, engine oil pressure Warning light, engine temperature Warning light, low charge Vibration on/off in F/R lever Vibration selector, main switch Vibration, single drum (electric) shutoff: front STANDARD FOR CAB -4 Dual fmuw-d/reverse controls, together with a comfortable, sliding operator's seat which is easily adjustable provides unsurpassed view of the edge of the drums. ► Fail-safe emergency brakes, which automatically engage on both drums in the event of engine stalling or hydraulic failure. The parking brake automatically sets the drive pump in the neutral mode. After releasing the brakes, the for;oard- reverse lever must be moved back again to neutral before the machine can be moved 7' whole operator platform is shock mounted on rubber vibration-damping elements. Ample leg room, even for tall operators. Fan, fresh air (3 speed) Interior light Opening side windows Rear view mirror, internal Safety glass, tinted Seat belt Sunscreen, front Wiper with washer, tront/rear 10- CC 1OV122 are the most modern small• available today. High-quality ccimponents, ex access and many standard features make these OPTIONALS Automatic Vibration Control (AVC) Backup alarm Emergency stop, foot operated Falling Objects Protective Structure (FOPS) Foldable ROPS Noise reduction kit Rear view mirrors ROPS (incl. seat belt) Rotating beacon Safety cab (incl. comfort package) Scrapers, spring loaded Seat, bench type Slow Moving Vehicle sign (SMV) Sun canopy for ROPS Tool box, w/o tools Tool set Traffic lights, front/rear Working lights, front/rear OPTIONALS FOR CAB Heater Radio and cassette player Rear view mirrors, external Rotating beacon Working lights, front/rear Standard equfpmenVOptional equipment may vary for different markets. Page 8 - Exhibit A Specifications Irm"A.m N74'k-o+-r- 17,11 ROPS are recommended although not shown on pictures. Technical data CC 102/122 Max. operating weight 6,400 6,950 Operating weight 5,180 5,730 Module weight, front/rear 2,490/2,690 2,780/2,950 Speed range (mph) 0 - 7 0-7 Vertical oscillation t10 ±10 Steering angle t30 ±30 Theor. gradeability 57 52 Static Onear bad, front/rear (pli) 59/64 59/63 Nominal amplitude (inch) 0.02 0.02 Vibration frequency (vpm) 3,330/3,840 3,330/3,660 Centrifugal force, per drum (lb) 4,840/6,440 5,600/6,750 Water tank (gals) 42 42 Model Deutz F21- 1011F Type Air cooled Diesel Rated power, SAE, ® 3,000 rpm (hp) 30 Fuel tank capacity (gals) 13 Driving Axial piston pump with servo and variable displacement Radial piston motors (2) with constant displacement. Vibration Gear pump/motors with constant displacement. Steering Gear pump with constant displacement Service brake Hydrostatic in forward and reverse lever. Parking/ Emergency brake _ Failsafe multidisc on both drums. _ t1 IBM Im. A 67.5 67.5 8 45 50 D 27 27 H1 104 104 Hi 102 102 H3 69 69 22 22 K 7 7 L, 106 106 ti 96 96 Ls 94 94 0 1.6 1.6 R1 147 150 R2 105 102 S : Nominal 0.5 0.5 W 42 47 Svedala Compaction Equipment AS Box 504, SE-37123 Karlskrona, Sweden, Phone: +46 455 30 60 00, Fax: +46 455 30 60 30 Svedaia Industries, Inc./Dynapac Compaction and Paving P.O. Box 615, Sehertz, TX 78154, USA, Phone: +1210 474 5770, Fax: +1210 474 5750 4050 B, Sladeview Crescent Mississauga, Ontario, 1,51.5X5, Canaria, Phone: +1905 607 3330, Fax: +1905 607 3332 Svedala Group Companies serve markets in Australia, Austria, Belgium, Brazil, Canada, Chile, China, The Czech Republic, Deom2rk, Estonia, Finland, France, Germany, Ghana, Great Britain, Hong Kong, Hungary, India, Italy, Japan, Malaysia, Mexico, The Netherlands, New zealamd, Norway, Pear, Poland, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, USA and Vietnam, while authorised agents and distributors cover virtually every other market in the world. Wemumdae-g ttodwvsv° ftsd=w4tk0dn0ft Page 9 - Exhibit A Specifications AGENDA ITEM # Lo I? FOR AGENDA OF February 13, 200i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase of New Combination Sewer Cleaner _ CITY MGR OK -41]r PREPARED BY: Eric Hand WW/STM Sup DEPT HEAD OK ISSUE BEFORE THE COUNCIL The issue before the Local Contract Review Board is to approve purchase of a replacement Combination Sewer Cleaner in the amount of $239,592. STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board approve the purchase of a replacement Combination Sewer Cleaner to replace a 1989 Vactor Sewer Cleaner under the cooperative purchasing agreement using the City of Eugene contract. INFORMATION SUMMARY The total cost of the proposed Vactor combination sewer cleaner after adds and deducts as allowed per City of Eugene's contract is $252,592, less trade in of $19,000 for a net cost of $ 239,592. The Wastewater/Storm Section currently owns a 1989 Vactor combination sewer cleaner. This cleaner has been used almost daily for the past eleven years and has proven to be a reliable workhorse for our Section. The cleaner was scheduled for replacement in 1999/2000 and staff elected to extend this replacement to 2000/2001. Replacement of this cleaner is very timely, as it is currently out of service and in need of repair in excess of $13,000. Our Fleet Coordinator, a Vactor maintenance technician, and myself have determined that it is not cost effective to repair this piece of equipment. The Wastewater/Storm Section is currently borrowing a 1990 combination cleaner from USA until the City purchases a replacement cleaner. This past year, the Wastewater/Storm Section thoroughly reviewed and demonstrated three different brands of combination sewer cleaners, AquaTech, Ca.-nel, and a Vactor. Each cleaner is a quality unit and each has several nice features but, staff has determined that the Vactor is the best all-around combination cleaner for the City's needs. Staff is recommending that the Local Contract Review Board approve the purchase of a replacement Vactor combination sewer cleaner under the cooperative purchasing agreement using the City of Eugene contract that was competitively bid in November, 2000. By the Contract Review Board approving this purchase, the City will save both staff time and the cost of rebidding a simlar unit in March of 2001, 4 months after the Eugene bid. In the past two years, similar Vactor brand combination sewer cleaners have been purchased and are performing well, by the City of Eugene, City of Beaverton, City of Hillsboro, City of Lake Oswego, City of Bend, and the City of Springfield. OTHER ALTERNATIVES CONSIDERED ■ Lease a combination sewer cleaner at a cost of $84,000/year versus a purchase price of $24,000/year. ■ Reject option of purchasing this equipment under the Cooperative Purchasing Agreement with City of Eugene. ■ Re-advertise for new bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Tigard Beyond Tomorrow 2000 Annual Report contains a theme titled Urban and Public Service which lists the effective management of stormwater runoff as one of the goals. The purchase of this replacement combination sewer cleaner will allow the Wastewater/Storm Section to clean 25% of the storm system annually, while maintaining the hydraulic capacity of the system and improving water quality by removing sediment and debris before it enters our creeks & streams. ATTACHMENT_LIST ■ The City of Tigard's Purchase Requisition to be approved. ■ A copy of the City of Eugene's contract for purchasing a combination sewer cleaner. ■ Cooperative purchase language from the City of Eugene. FISCAL NOTES The Wastewater/Storm Section's 2000/01 budget contains a combined budget amount of $250,000 for replacment of our 1989 Vactor. Corporata:ToO Free 1-600A02-2858 ® P.O.80x 30959. Portland. OFt 97294-3959 B8lea/S"ca (S03) 255-9055 Fax (503) 256-3880 ,~NK*ma Brush and Equipment Co. Kent: TOO Froe 1-800.42z-59 848 TNrd Avenue S•. Kent. WA 98168.1935 yyyylVll BENK®MAYIC.C©M Sales/Service (259) 8524819 Fax (259) 852-8913 January 26,2W1 Ben-Ko-Matic is pleased to aft the City of Tigard a new 2001 Vector with the following pricing based upon the City of Eugene's bW # 2001000050. Base Price $266,979 18" PD System 12 Yard $1,000 Upgrade to 1500 Gallons $2,875 Rear Pipe Rack $600 Delete Continuous Fill System • ($750) Add Air Shift Controls $1.288 Standard Vector /arrow Board in LW of Specified ($1,750) Canner! Paint In lieu of Imron ($300) 800' Vector Hose In Lieu of Parker ($1.300) /Vacuum Relief System $1.750 Rodder Drain Valves $350 Dust Bin $2,600 Screen For Trash Pump N/C Auto Level Wind Guide $2,400 Delete Second Hangun ($500) Delete Hose Cover ($450) Extra Capacity Hose Reel $1,400 Delete Electric Aux Shut Down ($600) ,Engine Safety Shutdown $200 Hyd. Tank Shutoff $450 Worklights 0 Op. Station $350 Worklights Q Aux. Engine ($350) Tow Hooks $350 Sterling Chassis ($18,000) Vector Total $258,592 TRADE ($19,000) NET $239,592 Thank you. Dan Theda Vice President Ben-KO-(vatic Co. ENVIRONMENTAL MAINTENANCE EQUIPMENT AND SUPPLIES SINCE 1958 TOTAL P.02 PLEASE REPLY TO: ®~1 Corporate:Toll Free 1-800.992-3556 ® i?ENK0Arff_grA ) P.O. Box 30959. Portland. OR 97294.3959 Sales/Servlce (503) 255.9055 Fax (503) 256.3880 131 rush and Equipment Co. ( ) Kant: Tali Free 1.800-422-2059 WWW-BENKOMATIC.COM 848 Third Avenue S.. Kant, NIA 98168.1935 Ralaa/Sarvica M53f A52.SA19 Far /2531 A52.A~~t November 30, 2000 Carol Case City of Eugene Purchasing 860 West Park, Suite 300 Eugene, Oregon 97401 BID FOR COMBINATION SEWER CLEANER We are pleased to offer the Vactor 2110J Combination Sewer/Storm Cleaner in response to your Invitation for Bids. For safety and convenience the cleaner would be mounted on a 2001 Peterbilt 320 low entry cabover chassis. In addition to this base chassis, we are offering several other truck options. Vactor Manufacturing, headquartered in Streator, Illinois, pioneered the Combination Sewer Cleaner and is the largest producer of sewer cleaning equipment in the world. Production of Vactor combination units began in 1964. Since then, nearly 8000 units have been delivered-more units than all other manufacturers have built combined! Vactor has delivered over 2000 combinations in the last five years alone. Please see our reference list enclosed. In May of 1995, Ben-Ko-Matic Brush and Equipment Company was appointed as the authorized Vactor Distributor for Oregon, Washington and Northern Idaho. Ben-Ko-Matic stocks parts at both our Portland and Seattle locations with several mechanics at each location. We provide timely service at our facility or onsite at your location. We are supporting over 250 Vactors in our service area and continually add items to our parts inventory to reduce your down time. Ben- Ko-Matic is a licensed and bonded vehicle dealer by the State of Oregon, carries Workmen's Compensation Insurance and is fully insured when working on your equipment in your shop, transporting it on the road or when in one of our Service Centers for repairs. (Certificates of Insurance are available upon request.) Vactor equipment is considered the standard of the industry and offers the best combination of superior performance, quality engineering, outstanding workmanship, and greater productivity as. well as the highest resale value. Our bid response, along with specifications and technical information detailing our offered equipment, is enclosed. Having made this proposal to be in the best interest of your city, we look forward to a favorable evaluation of the Vactor and subsequent award. Sincerely r g_- Tom Binder Portland Equipment Sales ~r r. ~ r EVVIRO`•'.IE-N 4:. VA E`jA..Cc - . 3?;" ANN „-;PPUE3 S:i•:wE ~ Y„~.:..., 12/1.1/00 MON 17:13 ,FAX 541 .662 6233 v„I°amp Order Date %;Mz -Awvy.sww0ww +l - Payment Terms Freight-Terms VENDOR: BEN-KO-MATIC CO PO BOX 30959 PORTLAND, OR 97294 USA Pax: 503-256-3880 Liner Description FAX PO TO TOM BINDER AT (503) 256-3880 SHIP TO: City of Eugene Public Works Maintenance Division 1820 Roosevelt Blvd Eugene, OR 97402 USA Oty. / Unit Unit Price Total Conmet Number: Price Agreement: (;LA.k ur but, rux w` t Administrative Services sion page Finance/Purchasing . 860 West Park. Suite 300 ,ip Via Eugene, Oregon 97401.2929 'MMON (541) 682•SOSS (8411682.6233 Fax INSTRUCTIONS TO VENDOR t Show this purchase order number on all invoices, packages, and related correspondence. 'roe as 2 Prepay all shipping charges. Add agreed upon charges irno separate line item. No tolled shipments , I he accepted. 3 Deduct all exaseand sales taxes. Muniapafii s WO exempt. F bk from 101 104,10h 41,16 Exomptiop Certificate p99 730106K, copes TOTAL: 7.66,979. the City Purchasing Manager. 4 Acknowledge this order immediately and advise shipping date. S Involoo attune of shipment. Q a~pggiopmnr 9 4440-3: 33110. Show to which ry Department of Euge shipPed-- Eugene. a Fod-aral Tax ID #93.6009160 AUTHORIZED BY PUACHASINO MANAGER C-0^. 0+.. 1 60 "-+-e wA^APd± 01/3112001 1L/ J 1~ VU nuo A. I • iJ rm Jyi uo~ V6NV . Dnr=ar a Order Date umi ~LVViiVVJVJ ayment Terms Freight Terms Viii V♦ L,VV iVi\ •i/VVi Administrative Services Revision Page Finance/Pumhasing 1 eso West Park, Suite 300 Ship Via Eugena, (Oregon 97401-2929 COMMO (541) 682.5055 (541) 682-6233 Fax I R,ivPr:9462. I`W EQ13 Ma1Z1G-rica~ ~v~-~ Date Needed: 01/31/2001 VENDOR: BEN-KO-MATIC CO PO BOX 30959 PORTLAND, OR. 97294 USA Fax: 503-256-3880 Une# Descrlption 1- 1 Sewer Jet/Combo Vacuum VACTOR 21101 COMBINATION SEWER STORM CLEANER MOUNTED ON A 2001 PETERBILT 320 LOW ENTRY CABOVER CHASSIS. BASE PRICE ..........................$266,979.00 TRADE IN ALLOWANCE........ -40,000.00 OPTIONS: LATERAL CLEANING KIT MOUNTED SIDE OF TRUCK, CURB SIDE 2,203.00 RODDER PUMP DRAIN VALVES 350.00 CHASSIS SIDE SKIRTS 423.00 TOTAL OPTIONS .......................2,976.00 TOTAL VEHICLE COST WITH TRADE-IN AND OPTIONS ......................$229,955.00 PRICES, TERMS AND CONDITIONS PER SPECIFICATIONS AND RESPONSE TO CITY OF EUGENE BID #2001200050 FOB Eugene Delivered FOB Eugene Delivered Fax PO to vendor; also mail original Contract Number: Price Agreement: SHIP TO: city of Eugene Public Works Maintenance Division 1820 Roosevelt Blvd Eugene, OR 97402 USA INSTRUCTIONS TO VENDOR L Show this purchase order number on all invoices, packages, and 4 the City related correspondence. 2 Prepay all shipping charges. Add agreed u on charges to invoice as 5 Invoice separate une Item. No collect shipments 3111 to accepted. inv a Deduct all exeisa and sales taxes. Munreipalilles are exempt. Federal Oregon Exemptlon Certificate 093.730106K, copies of which are available from a Federal AUTHORIZED Qty. / Unit Unit Price Total 1.00 EA 266,979:00 266,979.00 TOTAL.: 266,979.00 r immediately and advise shipping date. rent rns Payable. City of Eugene, Box 11110, Eugene, how to which City Department shipped. Form P0.1 Pay 2.go e , CITY OF EUGENE - STANDARD CONTRACT PROVISIONS no following pryAslws N , dOroOOtt end =',6oyxwuwvvtwv,,___-.- the revtasd uftteea of the Fedsrel kw. n7taa, rogt/adau. and tluiddYtesh 1. Fair Emplaymonl Pretllte Provlsfons (Eacem Code, 1971. Secllot 44261, Those pro+lolorw are epdiAbta to"contract ynn a Conlre cvn d rho City purchases goods or servlaaS from Ina CoWWW Coating 62,500 Of mare In any fiscal Year 1.1 Oudng the podomwu:e of this contract. rho Oonvww sprees as $Now%: of &A 1.1.1 The Conv low win rat diaerimhato agalnat ar~yeerployos or aPSiiarr mar ernpbyn+erm becaur ! to ORSth 41p9/L2fM end 90.202. or eetr. nldond oAd dmyedrWMnon, _ wgn_ebdkabtltry. aaW0~i, faunal onentetton or sours®d i~ton+a. a Iuie^lo Bona rust nu ueert ezpunt7oa W of the wont yr oNed. unless bases UDW a bona Silo occuDedond quMdltaron reesdnebty T-he , M , rsesanabb attwafiodeaot by ate emolodoesnd prewM the podrxmann "000211141y b Ire normal oosradon of the prnoole S 1.12 These Contractors employing 15 or mome individusts will develop and IM Smart an afrimrNlve atdon Sian to Inwn that aoptcants are argtoyod. and that erMbyeea era vested during emaoymam, without regard b their race. C004 sea. r1De w nadanil odV. Such plan sham Irhdudo., but not be smiled to ins rodowing: wn&ymam, upgradng, danoaon. vantlef, mcnalmanl, reefutlfrgnl soveNsing, layoff or iomination, rates of pay or dhoe toms 61 eampensaWn end seleedon for training, including apprM+ikvshV• 1.1.3 The Contractor agrees to Doff In conspicuous puce:, available to employees and applicants let empbymsra, nodees to be provided by he Human Flight{ Corm laalon eogkig forth the provlsloru d this nor44crimin3gcn Clause. 12 The CorRroelor will, odor to Comme^eafMWt and durtng the term of This contract. Drovide to the City such docurraAwlen, and permit any Insveedon of record: os may be roqulrod or aunod2ed by rules adopted by the city manager to detemdrw complunce with paragraph 1.1 otfove. 019 that cause masonable 1971 ene the 1.2 fl upon or any sub= r;r=ted pursuant b rvlha adopted by the l city any the worm: of parawith Sse sm 21.1 or 12, g6tomnl ada+t ereof rhea be made in accordancetwMame adopted Mee. lallon ComDYv g °p C aat ,n part andrdf the wrv7nddrtg of any kinds duearro botama duo to the Contractor. Such d or larrid rayon,mayraecadWtConvedahave failed; pInp ccmpG a by ilia COnUthaeter bOr its SUbconlrxtor:~ with v+a 4,mf 01 para0faana lrl antl contract 1.4 Falture to comply whir any of the tents of paragraphs 1.1 and 12 eftall be a metenal breach of this convact. I.5 The Contractor "I MUde the provisions of paragraphs 1.1 througn 1.4 in contracts whh subcontractors sc that such Provision$ will be binding upon each subcontractor. 2. Foreign Contractor Report to Department of Revenue (ORS 270.C21)(2)(a) Thor fdlovAn0 omvWon IS aopucabla 10 all contracts vdln a contract price exeesdino $10,000 a the Contractor is not domiciled in or radWwad to do business In dta dials of Oregon: Whore a public tontrael Is awarded to a foreign Contractor and the contract price exceeds 610.000, the Contramr shall promptly report to Iris Department of Revenue on forms to be poKded by the Dexvtment of Revenue One iota! contract price• terms of peyrrwm. Iangdh of contract and such other Inlomnatlon as the Dspwvnent of Revenue may require before final gaymare can be nneafved on the public Convect. The City shall satisfy itsalt Vial the regWremenl of this subsection has boon eompued wile before R iaauee a final payment on oils Contract. 3. Payment of Laborers and Materlalmen. Cornltefullens to induelr al Accident Fund. Uans,and Wlthholding Texas (ORS 273.812) The Contractor shad. 3.1 Make peyniemt Dlompdy, as duo. b as persona supplying to Such COml,actor. Jabot or material forme prosecution of the work provided for in aueh contmia 9.2 Pay all eontdoudan5 oramoums duo the Industrial Accident Fund Isom such Contractor or subeontfattdf incurred In the Dodortnarwo d rho contract. 9.3 Not Demdt any flan or claim to ba faad er proeaaned egofnsi he City of Eugene w any wemvision or aDence or smoloyea thereof on account of any labor or material lumrehed. 3.4 Pay the 09partmant of Rewenua OA Bums vAtnhold from employees pur_uani to ORS 316.167. 4, Payment at Claims by Public Omtefa (ORS 279.714) 'amitfietor or mcka t of an " City o Eot =Of une may ityssuchdumS the parson Juml•.eNng'ho Luba ero~amvyieearsartd charge the r-samly f with fo lhL- r Tier 1 10 W The a, suen cifilm becorties dw«.pththe pu~eifge a on, ee ro evresosonnlIng thy clAIm aga1nsl funds due or to become due tno Contractor by masah Of tns comities The Dayment of a dalm in t10 manner authorized Shaul not relieve the COnlwder Or htJha surety tram hL• or her odl0ailons whh respect to any umpmd claims. 5. Hours of Labor (ORS 279.316) Y tam one ticeot 5.1 Nreaquifffarsoa aannd it, S ch Ca3eade.le^`al men than eases of eo trap cc for pe son al services aeadidned in ORS 279.OSi Cleo employee asiiail to pa id &i leastt time and a hall pay for all apsdNmebInecess of elan, (6) hours In anyone day and ferry (40) blurs in anyone week.~ the work week consists of rive consecutive days, Monday through Friday, of for as ovarDnhe In mcess d ten (10) hours in ono day or forty (0.0) hours in one week. when the worts weak a four ConsecWve days, Monday throuhl' Friday. and lot work pedom ead on Saturday and on any b0al holiday specified In ORS 279,794, The contractor must give rouse to emoloy6as Mule Derform work on a pudic contract, in wmGM, efiner at" firms of hire orbafora comvnencemant of work an the ewtratt, or by posing a notice in a locandn iroquenteo ply employees, rho number of hours car day and days per week tut rho employees may be reautrod to wok com any hours semic rsonal day 5.2 cIn the case of a es of necessity, a~frponecy. or~ thes ublic policytaDsduretyr9q;uim s roans sucn cases a lower storm be paid it Wait ime and a hewn for OR oveNnie worked In excess Cris of fo4oeh rr Irs in any One week eucapt for malviduars under the contract who are excluded under ORS 553.010 to 659.201 or under 29 USC Sections 201.209 from receiving averums. 6. Payment for Medical Care and Alloriltom to Employees (ORS 270.920) medical otthh me adod care oand d adantlon oll ewe 0.1 The Contreciaranali promptly as due. make payment to any parson. ed•pamnorship or asaoeieGon orcomorallon fu for e puen eenke MdXd1 rind he apnnd sums f, other or ories deductl to r wyury, b rte am suant to any CemirzaW.. of sit surins which the contract or agmemonl 0 ins purpose of GediAoI g oyr paying for such wMte. deducted from enm ute the wa 0et of employer. pursuant 62 The Contractor and 211 em pieys , work rag under Into Contract are Subion a role" s, and agree to comply with ORS 456017. 7. Labor Contract Condhfons (Eugene Code, 1971, Section 2.0701 All contracts wnemIn labor Is required, except conireds for the purchase of m fatal; and supplies. Shall contain The following provisions 7.1 The Contractor wit comply with an provisions raod,ed by the statutes of coo state, of eoninte am on a'Public contract' as defined In ORS 279.910(1). 72 The Contractor will wrvtY with at requirement* Of Eugene Code, 1971. Sacilena 4.61910 4.650. 7.3 TheConllactoranNl,Inlheevent hor9hcwdnaJlyYddeenoProvisions of thin sectionorknewinalyVies false offidavitsat ccmplionce,Waivelot aperiod of Ong year any right to bldupon any public ,.;arks prc*t tat by ins City. C rridy is: Its 7 talon all flG to under r contract sacepi to payment for &CO-1 labor andmaterials um Mad to the City. Tho city may twat s sm wnde or in pan anyv forfeiture ore'-a° psuch rovided In dis paragraph. a. Nondiscriminetbn on Rte fiesta or olitabll lty, (Americans wRh Oleabflitef Act. 42 USC see. 12101 at seq.) The Contractor sraa: oAts 42 U.S the Act 0.1 Q~~ a4c 3s 11930. orany taw Iroo-,marran~atr on rre an~~tdirectly orNdrecOy aappikabiq dConall tractor 35 fewn of a eori ract WO the C Y. Inpudho those ragutasaro eel loon at 2 02 To me odont topdty pessbto. C-otrador that indemnify an rdhd~ Ry Its jgWss~tSariss nndo~ oMeem~e less from fist ola~ggain t aneonv all claims. acdo-.•Srfa,r ttapili7f Ies. ~~✓':'dyr10 cost -1 of d mceryise. a ;:ag o : apr, .,y -;y r:!_= 1.2 _ 1 st fees) suffered tonctmktOS -.im.aidorbwmtstobopt wlded>olrt"duaalAa=lWos. nOComd>tiaarianUCYU. OSnd tlYnburO: My, for any tom, Cl ety osr,~rntago rexpense upon Ordtrdtender. l 0 0.g defend diaumw at its gds cost and a , promptly or Ineurtvd by WtY• This f1g tgnt of htdtpmineaaom and lobe had rtarrtdess shall be In at7dlon to. and not In redaea^+ane of any tither nphl that pry r,.cy Iteva under any Haute. under coo common raw er under rare oen:tea. 9.3 By adeeptanee of this agraefnont. CenlreNw wWmts 111411 Contramot is laminar with the row rat+entf of the Amencens~wiigth Msabaittr_ Act and tie feoWatbns to ofto t t ho Act Contractor oderomm further warrants coal i4h ContrWW is; 0.R Wi in complice Me Wensdo Act C;e stmt hays the rightt to inn-ppoc U00n r0. oonablo terv;coa mice t%v=Wr§ raaCOF06iing 9 a1=1ianaftwnhOre ino wenilL two 00acpoelOM"d Sonome ikueto t0 wlTli of th A to arta9 oerepegmiis win an n aoXabla provisions Form M3 Rev, 12197 REQUEST FOR BIDS Truck Mounted Combination Catch Basin/Sewer Cleaner RFB No. 2001200050 Bids Due Wednesday, November 15, 2000 2:30 p.m. SECTIONS Invitation to Bid Requirements/Specifications Proposed Contract Provisions Required Forms C;TY OF EUGENE Finarc-= Division/Purchasing 860 Vf'est Park, Suite 300 Eugene, Oregon 97401 Telephone: (541) 682-5055 Fax: (541) 682-6233 v STANDARD BID FORM OF THE CITY OF EUGENE, OREGON Bid No. 2001200050 Opening Data: Wednesday, November 15, 2000, at 2:30 p.m. I, the undersigned, and authorized re.presentative of BEN-KO-MATIC COMPANY (Firm Name) which is a sole proprietor partnership , or corporation x :;hose address is:P.O. BOX 30959 PORTLAND, OR 97294 (Number and Street) (City and State) (Zip) have read and thoroughly understand the specifications, the special provisions, the bidding instructions and all other conditions of the Call for Bids issued by the City of Eugene for TRUCK: NIOUNTED COMBINATION CATCH BASI,11ISEWER CLEANER. Acting on behalf of my firm, which is listed above, I do attest that the equipment and/or services o Bred by us meets the City's soe-ificaticns in every respect except those described on the attached fs, o; 'Exceptions.' i+'le ha, a'-a:hed a lis.:ng of Exceptions. YES 4';c have no Exc=, tio~7s to the Sp~_. NO VVe hale a:iac%e equi.'m en. `,arran in: naiion. YES 4'.e have a`tached of pa-s _ervice information. YES COVER LETTER n ~s~- 1',;e h=.:e z ed fac:or• spe s'"-_. YES. PARTIAL SO FAR AS PRACTICAL atz ...C., `c n3, i:'= CO':.c a allt:iC: . I lie City c1 a- 0r= cn^ e x P e- - _ in orde.,i0 a u:.i. r, t-e . _.ccess fu b;dde . I-,e C~ ..S::r!':C.' u.e.:j !-G : as e' , p=ry 0=.• 21 (::J'...-... G71_. fi;.._.'"J a ,^a:7 U^&:1-:p•.,JyC,_.. ;a:<eS C" ..e :a.CeS Iii tri;.. Stag C lr -7 the ,2 calendan^n-J11:-J i"-- reiiiat=:/ preve'ng submisJ.V 1 V the". l.'. J. has - is a res,-Jen- a:.. .=:'.e; Dee a-rived a: t l"= t'dd= . in-i-oend=n;l . 1' - - :Z n -7 -3 _ ^3 n has bee--s'_:b- , 3 d .:i:( of . co~_ _^d vrith~ut any agree, ,e:n; un-,ers:anding or .-actor ,..:der. c- vei o- r2 :e la's. SUppiieS CONTRACT OPTIONS BODY OPTIONS Each item listed is either added to or (deducted from) the base bid price 5 cubic yard debris body in lieu of 10 yard, with 2 stage fan No Charge in lieu of 10 yard, with 1 stage fan 8,500) in lieu of 10 yard, with 16" PD in lieu of 2 stage fan 3,500) in lieu of 10 yard, with 18" PD in lieu of 2 stage fan 3,000) 10 cubic yard debris body with 1 stage fan 7,500) with 16" PD in lieu of 2 stage fan 3,000) with 18" PD in lieu of 2 stage fan 2,000) 12 cubic yard debris body with 1 stage fan in lieu of 2 stage fan 4,500) with 2 stage fan $ 3,000 with 16" PD in lieu of 2 stage fan 500) with 18" PD in lieu of 2 stage fan $ 1,000 15 cubic yard debris body in lieu of 10 yard, with 2 stage fan $ 6,500 in lieu of 10 yard, with 1 stage fan 4,500) in lieu of 10 yard, with 16" PD in lieu of 2 stage fan No Charge in lieu of 1.0 yard, with 18" PD in lieu of 2 stage fan $ 1,500 1500 gallon water capacity all units $ 2,815 1000 gallon water capacity 5, 10 & 12 yard units 1,500) PD units with transmissions other than MD or HD Allison automatics $ 1,325 Delete trash pump 6,600) Delete rear door hydraulic open/close 2,500) Float ball systems single stage units $ 1,000 Delete continuous water fill system 750) Add Dust Bin $ 2,600 Delete lube manifold 1,100) Air purge system using chassis air $ 900 Chassis side skirts $ 423 Air shift blower controls (pd only) $ 1,288 Cold weather recirculation system $ 3,700 CONTRACT OPT'IONS Delete accumulator 1,400) Delete multiflow system ( 3,000) Lateral cleaning kit $ 2,203 Hydraulic tool circuit $ 950 Delete rear arrow board 2,500) Delete worklights at rear door 300) Delete worklights at aux engine 300) Delete worklights at operator's station 300) Delete Imron paint 1,100) Rear door 3/m reflective stripping $ 479 Hands free autowind in lieu of dual roller specified $ 2,700 Standard Vactor sewer hose in lieu of Parker 1,800) Rodder pump drain valves $ 350 Vacuum relief system on PD units $ 1,750 Rear Axle Overweight Light $ 750 Delete Hose Reel and Vactor Pump for a Hydro-Excavator/CB Unit ($33,000) CONTRACT OPTIONS CHASSIS OPTIONS VACTOR POOL TRUCK CHASSIS. DETAILED SPECIFICATIONS PROVIDED UPON REQUEST. DELIVERY TIMES AND AVAILABILITY MAY VARY. Sterling model L7501/275 hp / Automatic / 4x2 ($37,500) Sterling model L7501/275 hp / Manual 4x2 ($42,000) Sterling model LT7501/275 hp/ Manual 6x4 ($32,000) Sterling model LT7501/275 hp/ Automatic / 6x4 ($27,000) Sterling model LT9501/355 hp/ Manual / 6x4 ($22,000) Sterling model LT9501/355 hp/ Auto / 6x4 ($10,000) NON-VACTOR CHASSIS. DETAILED SPECIFICATIONS ATTACHED. International 2574 ($18,000) Freightliner FL 112 ($17,500) Freightliner Condor 3,500) AGENDA ITEM # 3- Lo C,, FOR AGENDA OF February 13 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Contract Award for appraisal and land acquisition services for Gaarde Street Improvements. Phase 2. 16.-& oleo~ PREPARED BY: G Berrv & V. Nguyen DEPT HEAD OK Agustin Duenas CITY MGR OK Bill onahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the award of the contract for appraisal and land acquisition services for the Gaarde Street Improvements Phase 2 project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, approve the award of the contract to Universal Field Services Inc. in the amount of $122,800. INFORMATION SLTMMARZ' On May 25, 1999, Council awarded the engineering design services contracts for Phases 1 and 2 of the project. Since then, construction of Phase 1 (from Walnut Street to the northerly boundary of the Quail Hollow subdivision) has been nearly completed. The design of Phase 2 (from SW 121St Avenue to Highway 99W) has progressed to the point where the land acquisition for the proposed right-of-way has been determined and land acquisition services are now required. The scope of services for the contract includes acquiring portions of thirty- nine lots. The acquisitions are not expected to require relocating any of the owners. On December 28, 2000, the Engineering Department conducted interviews of firms responding to a request for proposals to provide land acquisition services on an as-required basis. The highest rated firm is already working on two projects for the City. The next two firms that placed second and third in the ratings were invited to submit proposals for this project. The proposals were submitted on January 16, 2001, with the following results: Firm Amount Universal Field Services Inc., Salem OR $122,800 Hanna, McEdowney and Assoc., Portland OR $131,500 OTHER ALTERNATIVES CONSIDERED None