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City Council Packet - 10/29/2002 CITE' F TIGARD OREGON TIGARD CITY COUNCIL MEETING OCTOBER 299 2002 COUNCIL MEETING WILL E TELEVISE H:Veannie\docs\ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Mayor's Agenda (Revised 10-25-02) ~IGARD ~D'TY' COUA~CIL t5 y lY r { y 1 • MEt! IN J ly{J 'r Y j: ! t r y CITY OF TIGARD ®ad er 2q, Z0~l2'1 ~ 6;3f1 p.m OREGON i bt "i°~GAIgD CITIY HALL 'v + ,13L125 S'~11 BALL' BL'E'D ~ 3 1 f. TIGAEtD, ~R ,9~'z23 ; 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 p.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 503-684-2772 (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 scheduled 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 - October 29, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING October 29, 2002 6:30 PM • STUDY SESSION > UPDATE ON NEW LIBRARY PARTNERING • 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications a 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) 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 for October 8, 2002 3.2 Adopt a Resolution Authorizing the City Manager to Sign a Deed Dedicating Additional Right-of-Way at SW Gaarde Street - Resolution No. 02 x;'60 3.3 Local Contract Review Board: a. Award Annual Contract for Plumbing and Rooter Services to Metro Rooter and Plumbing COUNCIL AGENDA - October 29, 2002 page 2 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. UPDATE ON THE STREET MAINTENANCE FEE PUBLIC PROCESS a. Staff Report: Engineering Staff b. Council Discussion 7:55 PM 5. CONSIDER A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION AREA DESIGN AND COORDINATION OF COMMUTER RAIL a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. Councilor: 1 move for adoption of the proposed resolution. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. , please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. , please say "nay. " Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. COUNCIL AGENDA October 29, 2002 page 3 8:15 PM 6. CONSIDER APPROVING AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) TO PROVIDE THE FUNDING FOR THE DESIGN AND RIGHTS-OF-WAY ACQUISITION FOR THE GREENBURG ROAD PROJECT a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Motion to approve the Greenburg Road Project Agreement with ODOT and authorize the City Manager to sign the agreement 8:25 PM 7. CONSIDER HOUSING SET ASIDE GUIDELINES a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. ' . Councilor: I move for adoption of the proposed resolution. Councilor. I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. , please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. , please say "nay. " Councilors: Mayor: Resolution No. ____(is adopted or fails) by a (unanimous, or however votes i were split) vote. H a~ i COUNCIL AGENDA - October 29, 2002 page 4 8:35 PM 8. CONSIDER A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SIGN ALL DOCUMENTS RELATED TO THE PURCHASE OF PROPERTY FOR THE NEW TIGARD LIBRARY a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Resolution No. Councilor: I move for adoption of the proposed resolution. Councilor. I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. , please say "aye. " Councilors: Mayor: All of those opposed to adopting Resolution No. please say "nay. " Councilors: Mayor: Resolution No. _(is adopted or fails) by a (unanimous, or however votes were split) vote. 8:45 PM 9. COUNCIL LIAISON REPORTS 8:50 PM 10. NON AGENDA ITEMS COUNCIL AGENDA - October 29, 2002 page 5 8:55 PM 11. 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:10 PM 12. ADJOURNMENT \\TIG333\US R\DEPTS\ADM\CATHY\CCA\021029). DOC N Q~ 7 COUNCIL AGENDA - October 29, 2002 page 6 City of Tigard, Oregon Affidavit of Notification CITY OF TIGARD OREGON In the Matter of the Proposed Notification of Meeting Cancellation & Special Meeting STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 6 e6ECc_ A C! H 6-7-L) AJ , being first duly sworn (or affirmed), by I, oath (or affirmation), depose and say: That I notified the following people/organizations by fax of., • Cancellation of City Council meeting of 4~ i ,0 8ER 22-1, • Special Meeting for the City Council of C-r TU z_i E/Z 29, 2GL\ Z A copy of said Notice being hereto attached and by reference made a part hereof, on the ZI '57- day of 6e_7-D B E5e _ , 20 Z- Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) LlLee Douglas, Regal Courier, (Fax No. 503-968-7397) L2"Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) / X_~4'5-/p Signature of Person who Performed Notification S bscribed and sworn (or affirmed) before me this a3 day of 20D_. V&,AG?& OFFICIAL SEAL CATHERINE D WHEATLEY NOTARY PLSLIGOREGON Oregon la- MY COMMISSIONIEXPI~RE$ MAY o, 2= ignature of Notary Public f I:VADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF NOTIFICATION - CANCELLATION-SPECIAL MEETING.DOC IWIIIIII CITY OF TIGARD NOTICE OF: • CANCELLATION OF 10/22/02 COUNCIL MEETING • SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 22, 2002 - 6: 0 p.m. Tigar o 1 ® e all Blvd. igard, Oregon Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. An agenda for the October 29, 2002 meeting is attached. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. ity Recorder Post: City Hall Lobby Date of Notice: October 21, 2002 1:\ADM\CATHY\CCAWOTICE SPEC MTG 10-29-02.DOC Milli, 0 11 10/21/2002 14:00 FAX 5038847297 City of Tigard 0001 **s********s**ss**s** sas TX REPORT sss TRANSMISSION Old TX/RX NO 0504 CONNECTION TEL 5035480724 SUBADDRESS CONNECTION ID IT Newsroom ST. TIME 10/21 13:55 USAGE T 05'31 PGS. SENT 6 RESULT OR CITY OF •TIGARD NOTICE OF: * CANCELLATION OF 10/22/02 COUNCIL MEETING * SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) D Lee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 22, 2002 - 6. 0 P.M. Tigar ® 0 s 1 all Blvd. gard, Oregon Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice Is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. - J_ c__ .t__ rv_.._L__ An nnnn f- ..Ia--IL-A CITY OF TIGARD NOTICE OF: * CANCELLATION OF 10/22/02 COUNCIL MEETING * SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 6: 0 p.m. m 1 Blvd. Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. An agenda for the October 29, 2002 meeting is attached. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. kly Recorder Post: City Hall Lobby Date of Notice: October 21, 2002 I:\ADM\CATHY\CCAWOTICE SPEC MTG 10-29-02.00C 10/21/2002 14:02 FAX 5036847297 City of Tigard 0001 ss# TX REPORT sss ##s##ss#sssas:ssss### TRANSMISSION OR TX/RX NO 0506 CONNECTION TEL 5039686061 SUBADDRESS CONNECTION ID Oregonian ST. TIME 10/21 14:01 USAGE T 01'01 PGS. SENT 5 RESULT OR CITY OF TIGARD NOTICE OF: • CANCELLATION OF 10/22/02 COUNCIL MEETING * SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal courler, (Fax No. 503-968-7397) mily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 22, 2002 - ~:Ao 13.m. Tigar e o 1 i o all Blvd. Bard, Oregon Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. 10/21/2002 13:54 FAR 5038847297 City of Tigard 0001 a**ss***ss*s*ssssss** s** TX REPORT *sn***sss**sss***ssss TRANSMISSION OK TX/RR NO 0505 CONNECTION TEL 5039687397 SUBADDRESS CONNECTION ID Regal Courier ST. TIME 10/21 13:51 USAGE T 03'34 PGS. SENT 5 RESULT OK CITY OF TIGA~® NOTICE OF: * CANCELLATION OF 10/22/02 COUNCIL MEETING * SPECIAL CITE' COUNCIL MEETING ON 10129/02 Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968.6061) October 22, 2002 -6M0 P.M. Tigar : ® • o 1 ®o all Blvd. Bard, Oregon Special Meeting October 29, 2002 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice Is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. CITY OF TIGARD NOTICE OF: • CANCELLATION OF 10/22/02 COUNCIL MEETING • SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) mlly Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 22, 2002 - 6:.. '40 P.M. jTigar e® 1 all Blvd. Bard, Oregon Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. An agenda for the October 29, 2002 meeting is attached. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. City Recorder Post: City Hall Lobby Date of Notice: October 21, 2002 I:\ADM\CATHY\CCAWOTICE SPEC MTG 10-29-02.DOC yr' l IGAR® CIT COUNSI.,AL' r A4 METING CITY OF TIGARD October 29, 2002 6x30 p.m. „ OREGON TIGARD CITY HALL :i 3125 SW .HALL BLVD TIGARD,:OR 97223 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 p.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 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: e Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. i i Since these services must be scheduled 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 - October 29, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING October 29, 2002 6:30 PM STUDY SESSION > UPDATE ON NEW LIBRARY PARTNERING 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8T Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 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 for October 8, 2002 3.2 Adopt a Resolution Authorizing the City Manager to Sign a Deed Dedicating Additional Right-of-Way at SW Gaarde Street - Resolution No. 02 - COUNCIL AGENDA - October 29, 2002 page 2 3.3 Local Contract Review Board: a. Award Annual Contract for Plumbing and Rooter Services to Metro Rooter and Plumbing 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. 4. UPDATE ON THE STREET MAINTENANCE FEE PUBLIC PROCESS a. Staff Report: Engineering Staff b. Council Discussion 5. CONSIDER A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION AREA DESIGN AND COORDINATION OF COMMUTER RAIL a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 02 - 6. CONSIDER APPROVING AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) TO PROVIDE THE FUNDING FOR THE DESIGN AND RIGHTS-OF-WAY ACQUISITION FOR THE GREENBURG ROAD PROJECT a. Staff Repo.-t: Engineering Staff b. Council Discussion C. Council Consideration: Motion to approve the Greenburg Road Project Agreement with ODOT and authorize the City Manager to sign the agreement 7. CONSIDER HOUSING SET-ASIDE GUIDELINES a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 02- 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS COUNCIL AGENDA - October 29, 2002 page 3 4 4 ~ 10. 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any Information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 1 AADM\CATHY\CCA1021029P.DOC COUNCIL AGENDA - October 29, 2002 page 4 City of Tigard, Oregon Affidavit of ]Posting CITY OF TIGARD OREGON In the Matter of the Proposed Notice of Meeting Cancellation & Special Meeting STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, _ L'7WFEr2 4 (iIASi AJ , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, a copy of Notice of: • Cancellation of City Council meeting of C-y i u Rc2L2 , _n~~ • Special Meeting for the City Council of i0i Ta 8 F IZ Z 9 , 2bL~ Z.- A copy of said Notice being hereto attached and by reference made a part hereof, on the 21 sr day of C~GT~ -BE /Z. , 20Z) 2-- Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this r day of C2o., , 2004L . OFFICIAL sue, 2ignature of Notary Public for Ore n CATHERMtE 0 WWATM NOTARY Pu®uC.oREGON MY COMMISSION IEXXPIRES mAy 0, IIW3 I:\ADM\GREER\FORMS\AFFIDAVITS\AFFI DAVIT OF POSTING - CANCELLATION-SPECIAL MEETING.DOC ♦ S CITY OF TIGARD NOTICE OF: * CANCELLATION OF 10/22/02 COUNCIL MEETING • SPECIAL CITY COUNCIL MEETING ON 10/29/02 Please forward to: ❑ Barbara Sherman, Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Lee Douglas, Regal Courier, (Fax No. 503-968-7397) ❑ Emily Tsao, The Oregonian, Metro SW (Fax No. 503-968-6061) October 22, 2002 - 6: Jo P.M. 4T1 r 1 all Blvd. rd, Oregon Special Meeting October 29, 2002 - 6:30 p.m. Tigard City Hall 13125 SW Hall Blvd. Tigard, Oregon Notice is hereby given that the October 22, 2002 Tigard City Council meeting has been rescheduled to Tuesday, October 29, 2002, at 6:30 p.m., at the Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon, 97223. An agenda for the October 29, 2002 meeting is attached. For further information, please contact City Recorder Cathy Wheatley by calling 503-639-4171 or at 13125 SW Hall Boulevard, Tigard, Oregon, 97223. hp - kry Recorder Post: City Hall Lobby Date of Notice: October 21, 2002 I:%DM\CATHY\CCA\NOTICE SPEC MTG 10-29-02.DOC 3~tyi° 4 CITY OF TIGARD b Viz. i5 OREGON O S M 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 p.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 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: O Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled 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 - October 29, 2002 page 1 AGENDA TIGARD CITY COUNCIL MEETING October 29, 2002 6:30 PM • STUDY SESSION > UPDATE ON NEW LIBRARY PARTNERING ® 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8L Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 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 for October B, 2002 3.2 Adopt a Resolution Authorizing the City Manager to Sign a Deed Dedicating Additional Right-of-Way at SW Gaarde Street - Resolution No. 02 - COUNCIL AGENDA - October 29, 2002 page 2 3.3 Local Contract Review Board: a. Award Annual Contract for Plumbing and Rooter Services to Metro Rooter and Plumbing 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. 4. UPDATE ON THE STREET MAINTENANCE FEE PUBLIC PROCESS a. Staff Report: Engineering Staff b. Council Discussion 5. CONSIDER A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION AREA DESIGN AND COORDINATION OF COMMUTER RAIL a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 02 - 6. CONSIDER APPROVING AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) TO PROVIDE THE FUNDING FOR THE DESIGN AND RIGHTS-OF-WAY ACQUISITION FOR THE GREENBURG ROAD PROJECT a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Motion to approve the Greenburg Road Project Agreement with ODOT and authorize the City Manager to sign the agreement 7. CONSIDER HOUSING SET-ASIDE GUIDELINES a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 02- i i 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS COUNCIL AGENDA - October 29, 2002 page 3 10. 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 1AP D WCATFMCCA\021029P.D DC COUNCIL AGENDA - October 29, 2002 page 4 Mill AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW October 29, 2042 The Study Session Is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Coundl encourages interested dozens to attend all or part of the meeting. If the number of attendees exceeds the capadty of the Conference Room, the Coundl may move the Study Session to the Town Hall. • Study Session UPDATE ON NEW LIBRARY PARTNERING ➢ STREET MAINTENANCE FEE VIDEO st BROCHURE ➢ ADMINISTRATIVE ITEMS o Revised Agenda (item No. 8 added) - to authorize the City Manager to sign documents relating to the purchase of property for the new Tigard library. o Due to a death in Senator Wyden's family, tomorrow's meeting has been cancelled. The Mayor and Council had been invited to a meeting Wednesday, October 30, 9:30 a.m., Beaverton Library, to meet with Senator Wyden. • 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 the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any Information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public J Executive Session - The Public Meetings Law authorizes governing bodies to meet In executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded In this instance.) 192.660 (1) (e) - Real property transaction negotiations. 192.660 (1) (f) - Exempt public records - to consider records that are "exempt by law from public Inspection." These records are specifically identified In the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - Involving matters of trade or commerce In which the governing body is competing with other governing bodies. 192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) (f) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used In evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:1ADMICATFMCOUNCILICCLIST1020924.DOC Agenda Item No. _ 3, Meeting of IIo~Co•DcZ, COUNCIL MINUTES TIGARD CITY COUNCIL MEETING October 29, 2002 Mayor Griffith called the meeting to order at 6:34 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, and Scheckla STUDY SESSION ➢ UPDATE ON NEW LIBRARY PARTNERING City Engineer Duenas reported on an October 23, 2002, partnering session among City officials, the architect, contractor and project manager. This partnering process worked well for the City in the Menlor Reservoir project. A community meeting on the new Library will be held on December 11. Council will receive an update at its December 17 meeting. ➢ STREET MAINTENANCE FEE City Engineer Duenas presented a video, "Protecting Our Investment" and distributed a "QBTA" flyer prepared for information on the Street Maintenance Fee. Councilor Scheckla commented about the damage caused by utility companies when street cuts are made for utility-service installations. Mr. Duenas advised that the life span of the segment of pavement affected by a street cut is reduced by 50 percent. Seattle has done a study on street cuts and Mr. Duenas will ask for a copy of this study to determine if the City of Tigard can utilize some of the findings of the study. A potential review of franchise agreements might be warranted to more fully recover the costs because of street cuts. ➢ OTHER DISCUSSION - Councilor Scheckla reported that there is a political sign at Main Street Park. Public Works staff will be notified that this sign is to be removed. - The October 30, 2002, meeting with Senator Wyden, was cancelled. Tigard City Council Meeting Minutes - October 29, 2002 Page 1 - City Manager Monahan has written a letter to County Administrator Cameron to determine whether Councilor Scheckla can continue to represent the City of Tigard on the Community Development Block Grant Policy Board after his term as City Councilor is up on December 31, 2002. Mr. Monahan will advise Council as soon as the County determines whether Councilor Scheckla can continue to serve. ➢ COMMUTER RAIL MEETING Councilor Dirksen advised that a recent Commuter Rail Meeting went well. Representatives from Tri Met were present to review with those interested in the commuter rail station in the downtown area. Design elements of the station were discussed, including what features would be paid for by the commuter rail funding and those that the City of Tigard would fund. ® EXECUTIVE SESSION: Not held. Council meeting recessed at 7:15 p.m. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council 8t Local Contract Review Board meeting to order at 7:32 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA: No visitors testified. 3. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Scheckla to adopt the Consent Agenda as follows. 3.1 Approve Council Minutes for October 8, 2002 3.2 Adopt a Resolution Authorizing the City Manager to Sign a Deed Dedicating Additional Right-of-Way at SW Gaarde Street - Resolution No. 02 - 60 3.3 Local Contract Review Board: a. Award Annual Contract for Plumbing and Rooter Services to Metro Rooter and Plumbing Tigard City Council Meeting Minutes - October 29, 2002 Page 2 The motion was approved by a unanimous vote of Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Scheckla: Yes 4. UPDATE ON THE STREET MAINTENANCE FEE PUBLIC PROCESS City Engineer Duenas presented the staff report and gave a PowerPoint presentation for this agenda item. Mr. Duenas advised that there is a video has been prepared to enhance citizen awareness of the need for a new revenue source for street maintenance. This video will be played on public access television. A public meeting is schedule for November 14 and Council will receive a report for review and discussion on December 17. Information is available on the City's website: www.ci.tigard.or.us. 5. CONSIDER A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION AREA DESIGN AND COORDINATION OF COMMUTER RAIL Community Development Director Hendryx presented the staff report. Joe Walsh of Tri Met and Frank Angelo of Washington County were also present and answered questions from Council members. Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Resolution No. 02-61. RESOLUTION NO. 02-61 - A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION-AREA DESIGN AND COORDINATION FOR COMMUTER RAIL The motion was approved by a unanimous vote of Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Scheckla: Yes Tigard City Council Meeting Minutes - October 29, 2002 Page 3 6. CONSIDER APPROVING AN AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) TO PROVIDE THE FUNDING FOR THE DESIGN AND RIGHTS-OF-WAY ACQUISITION FOR THE GREENBURG ROAD PROJECT City Engineer Duenas presented the staff report and presented PowerPoint slides for this agenda Item. Motion by councilor Dirksen, seconded by Councilor Scheckla to approve the Greenburg Road Project Agreement with ODOT and authorize the City Manager to sign the agreement. The motion was approved by a unanimous vote of Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Scheckla: Yes 7. CONSIDER HOUSING SET-ASIDE GUIDELINES Community Development Director Hendryx presented the staff report. Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Resolution No. 02-62. RESOLUTION NO. 02-62 - A RESOLUTION ADOPTING GUIDELINES FOR THE AWARD OF CITY AFFORDABLE HOUSING SET-ASIDE FUNDS. The motion was approved by a unanimous vote of Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Scheckla: Yes Tigard City Council Meeting Minutes -October 29, 2002 Page 4 8. AUTHORIZE THE CITY MANAGER TO SIGN ALL DOCUMENTS RELATED TO THE PURCHASE OF PROPERTY FOR THE NEW TIGARD LIBRARY City Engineer Duenas presented the staff report. Motion by Councilor Dirksen, seconded by Councilor Dirksen, to adopt Resolution No. 02-63. RESOLUTION NO. 02-63 - A RESOLUTION TO COMPLETE THE PURCHASE OF THE PROPERTY FOR THE NEW TIGARD LIBRARY AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND SIGN ALL DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE The motion was approved by a unanimous vote of Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Scheckla: Yes 9. COUNCIL LIAISON REPORTS: None. 10. NON AGENDA ITEMS: None. 11. EXECUTIVE SESSION: Not held. 12. AD]OURNMENT: 8:10 p.m. Catherine Wheatley, City or er Attest: or, a 7ae : a. Oa I: ADM\CATHY\CCM\021008.DOC Tigard City Council Meeting Minutes - October 29, 2002 Page 5 '5~udV'ess;an. J06,002- & Street Maintenance Fee A October 29, 2002 CITY OF TIGARD Engineering Department 13175 SW Hall Blvd. Tigard, OR 97223 Phone: S03-639-4171 Fax: 503-624-0752 What is a Street Maintenance Fee? A Street Maintenance Fee (sometimes known as a Transportation Utility Fee, Road User Fee, or Street Utility Fee) is a monthly fee based on use of the transportation system and is collected from residences and businesses within a city's corporate limits. The fee is based on the number of trips a particular land use generates and is typically collected through the city's regular monthly sewer and water bill. It is designated for use in the maintenance and repair of the city's transportation system. Users of the road system share the costs of the corrective and preventative maintenance needed to keep the street system operating at an adequate level. What does a Street Maintenance Fee do? It protects a city's investment in the street infrastructure by providing revenue to maintain and repair the city streets. It allows the cost of the local road system to be shared among its users. Why is there a need for timely maintenance of city streets? Through timely maintenance of streets, cities are better able to provide safe roads on which people may travel. Studies have shown that pavement condition worsens at an increasing rate as the pavement gets older. Restoration of pavement near the end of its service life will typically cost 4 to 5 times more than rejuvenation performed in a timely manner. Why is the Street Maintenance Fee being considered in Tigard? The City of Tigard has approximately 140 miles of paved streets within the street system. Much of the street infrastructure is old and was not designed for heavy trucks and buses, which accelerate deterioration and greatly increase maintenance requirements. The City of Tiigard's Pavement Management System reports a preventative and corrective pavement maintenance backlog of approximately $2 million dollars as of 1999. Since then, the street system has deteriorated further and needs to be addressed as part of a long-term program of corrective and preventative maintenance. The vast majority of the arterial, collector and neighborhood streets now require either pavement overlay or more costly reconstruction. The only funding source for maintenance of the City's street system is the State Gas Tax. The revenue from the gas tax pays for street maintenance and the energy and maintenance costs for the street lights and traffic signal systems Citywide. The gas tax has not been increased in a decade and an increase does not appear likely in the foreseeable future. The revenue from the gas tax remains relatively constant at $1.6 million dollars each year, but operating costs continue to rise. As these costs increase, the amount available from the gas tax revenues for pavement overlay and reconstruction continues to decrease. Without a significant increase, the gas tax can no longer be considered as a viable source of funding to fully address the City's street maintenance needs. It needs to be supplemented by additional funding sources for the pavement overlays, pavement treatments and reconstruction work that are necessary to keep the street system functioning satisfactorily. A Street Maintenance Fee is an alternative source of funding that can be implemented to help protect the City's investment in the street Infrastructure through timely maintenance and repair. The implementation of this fee was recommended to the City Council by the City's Transportation Financing Strategies Task Force, a citizen task force formed to evaluate and recommend to Council feasible alternative funding sources for street maintenance and street expansion needs. What costs would the Street Maintenance Fee cover and how much total revenue would he generated? The following are the maintenance elements included in the study together with the target amounts to be funded through the Street Maintenance Fee: • Street Maintenance - $800,000. This amount assumes that most of the funds collected would be used annually for street maintenance purposes with a small reserve set aside for future reconstruction of ` certain streets as that reconstruction becomes necessary. • Rights-of-Way Maintenance - $270,000 • Sidewalk Maintenance - $90,000 • Street Light and Traffic Signal System Maintenance -$445,000 • Total for all four maintenance elements: $1,605,000 What is the scope of work for each of the maintenance elements? • Street Maintenance - Preventative and Corrective Maintenance of all City streets. This includes routine work such as pothole patching, crack sealing, street stonn drainage maintenance, and digouts, as well as the more costly pavement overlays, slurry seals, and reconstruction of the street structural section. The City's street crews perform the routine maintenance work year-round. The long-term program for annual maintenance of the City streets applys pavement overlays, thin-lift overlays, and slurry seals combined with street reconstruction as needed. This program addresses arterials, collectors, neighborhood routes, and local streets as four separate categories all requiring appropriate levels of maintenance. The arterial and collector streets handle higher volumes of traffic and typically require more attention. The neighborhood routes and local streets handle lesser volumes and would be expected to deteriorate at a slower rate. The revenue to be derived from the Street Maintenance Fee would be primarily directed to implementation of the long-term maintenance program, and preparatory work for those projects as performed by the City's street crews. • Rights-of-Way Maintenance - Maintenance of between the sidewalk and the right-of-way line on collector streets with limited direct access from adjacent subdivisions. • Sidewalk Maintenance - Maintenance of sidewalk on collector streets Citywide. This would involve replacement of sidewalk panels that pose a tripping hazard and routine maintenance of the sidewalks annually. • Street Light and Signal System Maintenance - Maintenance and power costs of all streetlights Citywide. Maintenance and power costs on all traffic signal systems and crosswalk lighting systems under City jurisdiction. How Is the Street Maintenance Fee for Tigard determined? An Inventory of all the existing uses on occupiedparcels in the City provided the starting point for calculating the proposed Street Maintenance Fee rates for the City of Tigard. The Institute of Transportation Engineers (ITE) trip generation rates were then used to determine trip generation values for each use. Residential and non-residential groups were established to help generate a maintenance fee rate to be applied to each group. The trip generation rates for non- residential uses most commonly are "number of trips per thousand gross square feet of building per day." Other assignments are for those uses that do not depend upon the size of the building, such as Gasoline/Service stations, which are assigned trips per vehicular fueling positions per day. Adjustments were made to the trip generation rates to account for pass-by trips. Pass-by trips are Intermediate stops on the way from an origin to a primary trip destination without a route diversion. The groupings take into account the net trip generation rates after factoring in pass-by trip information. The final grouping includes two residential groups and four non-residential groups summarized as follows: • Single Family (Detached) • Multi-family • Group 1 0 to 20 trips per unit • Group 2 Greater than 20 to 100 trips per unit • Group 3 Greater than 100 up to 400 trips per unit • Group 4 Special group for parks, cemeteries and golf courses. What are the rates that each of the groups would be expected to pay? Summary of Fees for All Maintenance Elements Land Use Street ROW Sidewalk Street Light and Total Monthly Category Maintenance Maintenance Maintenance Signal S steiin Maint. Charge per Unit Single Family $1.2639 $0.4266 $0.1422 $0.7031 $ 2.54 (per house Multi-Family $0.8756 $0.2955 $0.0985 $0.4871 $ 1.76 (per unit Group 1 1.0341 0.3490 0.1163 0.5752 2.07 Group 2 5.5315 1.8669 0.6223 3.0769 11.10 Group 3 26.778 9.0377 3.0126 14.8954 53.72 Group 4 0.3570 0.1205 0.0402 0.1986 0.72 What amounts would the citizens and businesses expect to see on their utility bills? The proposed residential rates for single family houses and multi-family dwellings are $2.54 and $1.76 per month respectively. The rates for the businesses would depend on the group that each business falls into and the size of the business. Specific information can be obtained upon request from the City of Tigard or check our web site at www. ci.tigard.or.us. How would a Street Maintenance Fee be implemented? I City Council has the authority to establish the Street Maintenance Fee and initiate that fee by Council action. The establishment of the fee would be by ordinance and the rates to be charged would be by Council resolution. mmmn I Flow soon could the Fee be established and when would amounts appear on the utility bills? City Council has decided to extend the public process for the Street Maintenance Fee. A public meeting has been scheduled for November 14, 2002 to discuss the fee with citizens and businesses. Council discussion of the results of the meeting is scheduled for the Council meeting on December 17, 2002. Any action on implementation of the fee would most likely be scheduled for early 2003. If Council does approve implementation, the effective date for the fee would be set several months after Council action. This would give the City of Tigard sufficient time to set up the fund and do the necessary work to ensure that the amounts can be Incorporated on the utility bills without a glitch in the billing process. Flow can I calculate my monthly payment? The monthly payment for each land use category Is calculated by taking the rate established multiplied by the number of units. A single family residence and each unit In a multi-family building would pay the monthly rate shown In the fee table. For a single family residence, the rate would be $2.54 per month, and for each unit in a multi-family structure, the rate would be $1.76 per month. A land use category that falls Into the non-residential groups would compute the monthly payment by multiplying the group rate that they fall into by the number of units for their particular use. Some examples are shown as follows: ® Example 1: A medical-dental office building fails into non-residential group 2. The unit of measure is 1,000 square feet of gross floor area. Assuming the office building has 10,000 square feet of gross floor area, the multiplier would be 10,000/1,000 = 10. The group rate of $11.10 multiplied by 10 equals $111.00 per month. ® Example 2: A movie theater falls into non-residential group 3. If the theater has 6 screens, the monthly rate for that theater would be the group rate of $53.72 per month multiplied by the 6 screens equals $322.38 per month. o Example 3: A 24-hour convenience market falls into non-residential group 3. If the market has 5,000 square feet of gross floor area, the monthly rate for that market would be the group rate of $53.72 per month multiplied by 5 (5,000/1,000) to produce a monthly bill of $268.65. Contact Person: Agustin P. Duenas, P.E. City Engineer City of Tigard 13125 SW Hall Boulevard Phone: (503) 639-4171 x2470 Fax: (503) 624-0752 Email: Qus,c i_riaard.or.us 1AEWAsWued MaIntaunm FmWmF Fmq"W Asked Quesdwu Upload 10-21-02.doe CITY of TIGARD e AGENDA ITEM NO.2 . VISITOR'S AGENDA DATE : October 29, 2002 (Limited to 2 minutes or less, please) con 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 VISITOR'S AGENDA Paga 1 AGENDA ITEM # 3 a FOR AGENDA OF October 29, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Right-of-wav dedication along SW Gaarde Street. PREPARED BY: G. Bent' DEPT HEAD OK 01'rd CITY MGR OK 448-1-/ ISSUE BEFORE THE COUNCIL Shall City Council dedicate additional right-of-way along SW Gaarde Street? STAFF RECOMMENDATION That City Council approve the attached resolution authorizing the City Manager to sign the Dedication Deed. INFORMATION SUMMARY On March 12, 2002, City Council approved the dedication of a 1.26-acre northerly extension of the Gaarde Street right-of-way to SW Walnut Street to accommodate proposed improvements. Since then, this portion of Gaarde Street has been fully improved to collector street standards. The current Tigard Transportation System Plan (T SP) was adopted by City Council on January 8, 2002 and became effective on February 7, 2002. The TSP now classifies this portion of Gaarde Street as an arterial street requiring an additional twenty feet of right-of-way width. This proposed right-of-way dedication would provide the additionally required right-of-way although there are no current plans to improve the street to arterial standards. The right-of-way extends through two City-owned parcels. To ensure compliance with the Comprehensive Plan prohibition of driveways on arterial streets, there will be a non- access easement along the eastern edge of the proposed right-of-way, which will be recorded with the City-owned remainder parcels. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST Attachment "I": Proposed Resolution Exhibit "1": Dedication deed with Exhibit "A" and map, FISCAL NOTES Not applicable i tcnywid6sumtpaanta oct 02 dedication summary . doe AGENDA ITEM # . FOR AGENDA OF October 29h002 CITY OF TIGARD, OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Annual Contract for Plumbing and Rooter Services to Metro Rooter & Plumbing PREPARED BY: Terry Muralt, Buyer DEPT HEAD OK ~ CITY MGR OK ISSUE. BEFORE THE LOCAL CONTRACT REVIEW BOAR_i~ Award annual contract for plumbing and rooter services to Metro Rooter & Plumbing by "piggy-backing" off of the Washington County contract. The term of the contract would be for one-year with the option to renew for up to two additional one-year extensions. STAFF RECOMMENDATION That the Local Contract Review Board (LCRB), by motion approve award of the plumbing and rooting services contract with Metro Rooter & Plumbing and authorize the City Manager to sign the contract. INFORMATION SLTMMARy Throughout the year the Public Works Department requires a licensed plumber to accomplish work that City employees would normally not do. Listed below are three examples of projects that the different divisions of Public Works (Water, Sanitary and Building Maintenance) would require a licensed plumber. ■ Water Division: Re-connecting customer water services after we have moved existing service connection due to new development. Repairing customer water services damaged during capital improvement projects. ■ Wastewater Division: Repairing a sanitary sewer line going from the main line to the customer's home. Building Maintenance: Replace hot water heater and do plumbing after hours when staff is not available. Currently Public Works Department staff obtains quotes for these services on an individual project basis. The estimated annual expenditures for these types of services are $22,500, which would total $67,500 over the life of a possible three-year contract. Washington County just completed a formal bid process and awarded a three-year contract to Metro Rooter & Plumbing on April 1, 2002. It is more cost-effective for the City to "piggy-back" off an existing contract because of the time it would take for the City to conduct an independent bid process as well as benefiting from the buying power that a larger agency has in obtaining a better price. ORS 279.015(l)(g) Allows the City to utilize an existing contract from another agency that has been let by competitive bidding and has the cooperative language in the contract. The Washington County contract meets this rule. OTHER ALTERNATIVES CONSIDERED Obtain quotes for each individual project. This method is both costly and inefficient because there is no contract to hold the vendor to fixed pricing for a certain period of time and the extra time that it takes for staff to obtain quotes for each individual project. This method would also have the possibility of customer service lines being interrupted for longer duration VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST 1. City contract with Metro Rooter & Plumbing o Exhibit A - Goods and Services to be provided ® Exhibit B - Sellers Proposal (Washington County Contract) o Attachment A - Statement of Work ® Exhibit C - City of Tigard's Standard Terms and Conditions FISCAL NOTES The funds for this are already budgeted and approved in each Division. There is no need for additional funding. i MEMORANDUM TO: Terry Muralt, Buyer FROM: Cathy Wheatley, City Recorder RE: Personal Services Agreement - Plumbing & Rooting Services for Metro Rooting & Plumbing DATE: October 30, 2002 Terry, attached are two originally signed copies of the above-referenced agreement. These originals are being provided to you so you can obtain the appropriate signatures from the seller. One original is for their files and the other original should be forwarded to the Records Division. Attachments I:\ADM\CATHY\MTG-DIST\021029 PLUMBING & ROOTING AGREEMENT.DOC Uriy f n 6,(s IFO - t'b'~c vt c~Q ~ 1 v •3u.c~2 rat CITY OF TIGARD, OREGON PURCHASE AGREEMENT FOR Cc~ Plumbim and Rooting Services THIS AGREEMENT made and entered into on October 23, 2002 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Metro Rooter & Plumbing, hereinafter called Seller. RECITALS a. Whereas, Seller has submitted a bid to Washington County for plumbing and rooting services and b. Whereas, City, as a public entity, has the authority to contract with Seller under the Cooperative Purchasing terms and conditions set forth in Washington County Trade Services Contract with Seller; C. Therefore, City and Seller wish to enter into a contract under which City shall purchase the goods and services described in Seller's original bid. AGREEMENT: The parties agree: 1. GOODS AND SERVICES T6 BE PROVIDED: City shall purchase plumbing and rooting services from Seller in accordance with, and in precedent order: a. The terms and conditions set forth in this agreement; b. The original Seller's proposal, submitted to Washington County, attached hereto as Exhibit A and incorporated by this reference; C. The Washington County Trade Service Contract which incorporates the original ITB 21107B and specifications and any addenda attached hereto as Exhibit B and incorporated herein by this reference; and d. The City's Standard Terms and Conditions, attached hereto as Exhibit C and incorporated by this reference. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution by the City's Local Contract Review Board and shall expire, unless otherwise terminated or extended, on June 30, 2003, whichever comes first. The City shall also retain the rights (2) one-year contract extensions upon award of the Agreement. The total term of the contract cannot exceed 3 years. All goods and services under this Agreement shall be delivered and completed prior to the expiration of this i Agreement. 3. COMPENSATION: a. City hereby agrees to pay Seller the amounts detailed in the Seller's original bid for the goods and services, including shipping and handling. The total purchase price shall be considered payment for all Sellers' obligations described in this agreement. Seller shall invoice City the purchase price upon the delivery of the goods and services. City shall have thirty (30) days Purchase Agreement amended 8-01-01 1 after receipt of invoice in which to make payment. Seller shall be responsible for the payment of all taxes associated with the sale of the goods and services. City is exempt from the payment of Federal Excise Tax. b. The City's estimated annual expenditures for plumbing and rooter services is $22,500. c. Seller shall promptly advise City of all reasonably available technological advances that are known or become known to Seller while this agreement is in effect which may result in the goods having added value, capacity, or usefulness when used for City's purpose. If Seller intends to provide goods incorporating technological advances and still meeting the specifications and the City's needs at no additional charge, Seller shall provide City with 30 days' notice of the proposed change. The City may require that only goods not incorporating the changes be supplied by providing written notice to seller within 5 days of receiving the notice of the proposed change. Any other changes incorporating technological advances shall only be approved as an amendment to this agreement. d. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. DELIVERY: Seller shall provide the services in accordance with the schedule set forth in the contract documents after receipt of City's order, together with an executed copy of this Agreement. Seller agrees to provide services as specified in Exhibit A. City shall inspect the goods and services and notify Seller immediately of any problems. No language contained in a purchase order, work order, or delivery order shall vary, amend, modify, or add terms or conditions to this Agreement under which the order is placed. 5. INSTALLATION: Unless the Specifications (Exhibit A) or the proposal (Exhibit B) require installation by Seller, the City shall install the goods purchased under this agreement. If Seller is to install the goods, installation shall be completed per work order. Any installation by Seller shall be in accordance with the provision of this agreement, including all Exhibits. 6. TESTING AND ACCEPTANCE: Seller shall test the goods prior to delivery. Seller's tests shall determine whether the goods meet Seller's specifications and are fit for the purpose intended. Acceptance or rejection of the goods purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and accept or reject goods shall neither relieve Seller from responsibility for such goods, which do not meet the requirements in this Agreement nor impose liability on Buyer. 7. RISK OF LOSS: Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at the location specified by Buyer. Purchase Agreement amended 8-01-01 2 8. ASSIGNMENT/DELEGATION: Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 9. SUBMITTING BILLS AND MAKING PAYMENTS. All notices and bills shall be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, bills, payments, and other infonnation: CITY OF TIGARD Sam Morrison, Water Eric Hand, Sewer/Storm Drain Business Phone: 503-6394171 Arnie Manzano, Bldg. Maintenance Business Fax: 503-684-8840 13125 SW Hall Blvd. Email Address: sam@ci.tigard.or.us Tigard, Oregon 97223 SELLER Metro Rooter & Plumbing Business Phone: 503-652-2626 3333 NW 35`h Ave Bldg. #C Business Fax: PO Box 33585 Email Address: Portland OR 97292 10. TERMINATION City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of termination. City may deduct the amount of damages, if any, sustained by City due to any breach of contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs of litigation at trial and on appeal. 11. ACCESS TO RECORDS: City shall have access to such books, documents, papers and records of Seller as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 12. FORCE MAJEURE: Neither City nor Seller shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove Purchase Agreement amended 8-01-01 - 3 or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 13. NON-DISCRIMINATION: Seller agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Seller also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 14. WARRANTY AGAINST DEFECTS: 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 City'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 City 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, City shall have the right to return the defective item or component and, at City'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. Seller shall commence all warranty work within 48 hours of receiving notice of the warranty claim. All warranty work shall be performed at City's facilities unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all repair parts furnished by Seller and all repairs performed by Seller. 15. INTELLECTUAL PROPERTY 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 City's use of the equipment is enjoined, Seller shall at no cost to City either obtain for City 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 equipment, Seller shall promptly refund to City the purchase price, less a reasonable amount for depreciation. 16. MAINTENANCE SERVICES: Unless otherwise provided in the Specifications (Exhibit A) or the Proposal (Exhibit B), the City shall have the right to maintain the goods purchased under this Agreement. Repairs or replacement of parts by the City or its agents or maintenance contractors shall not alter or void any warranties for equipment or goods purchased under this contract. If provided for in the Specifications (Exhibit A) or the Proposal (Exhibit B), Seller shall provide maintenance services for a one year period commencing on the date of delivery under the guidelines established in the Specifications (Exhibit A). All maintenance services shall be performed on City's premises, unless otherwise agreed by the parties. Seller shall provide Purchase Agreement amended 8-01-01 4 substitute equipment of equal quality and function for City's use if the maintenance services will exceed I day in duration. City may terminate Seller's maintenance services at any time without cause upon the delivery of written notice. In the event of such termination, Seller's other obligations under this Agreement shall remain unchanged and Seller shall promptly refund to City all amounts prepaid for maintenance services and unused. 17. ASSIGNMENT OF MANUFACTURER'S WARRANTIES: Seller hereby assigns all warranties of the manufacturers of components of the goods to City 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. 18. INDEMNITY/HOLD HARMLESS: Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands, judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or its subsellers, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's negligence. 19. INSURANCE: Commercial General Liability Insurance: If Seller will be installing or testing the goods, or otherwise performing services on City's premises, Seller shall provide a certificate indicating that Seller has commercial general liability insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance. Coverage will include $1,000,000 per occurrence and $2,000,000 general annual aggregate. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days prior to cancellation. If Seller hires a subseller to perform services on City's premises, Seller shall ensure that Seller's subseller complies with this paragraph. Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall provide City a certificate indicating that Seller has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City 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. Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Sellers who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. Purchase Agreement amended 8-01-01 5 Certificates of Insurance: As evidence of the insurance coverage required by the contract, the Seller shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. 20. ATTORNEY'S FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert), attorney's fees and court costs on appeal. 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Seller shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subsellers and income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a part of this agreement. 22. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 23. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. COMPLETE AGREEMENT: This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the tenns. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Seller, by the signature of its authorized representative, hereby acknowledges that Seller has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Seller has executed this Agreement on the date hereinabove first written. Purchase Agreement amended 8-01-01 6 CITY OF TI+GARD Approved by Tigard's Local Contract Review Board on: By: Date SELLER By: Company Name Print Name & Title of Authorized Representative Sign Name Date i Purchase Agreement amended 8-0I-01 7 ATTACHMENT #2 EXHIBIT A - GOODS AND SERVICES TO BE PROVIDED MTLMCATION AM CONTRA= OFf;'ER BID TME: EMLRGENCY IP'LUM ING AM 999MMS&RWI0S 021.1VB) BED OPEJANG: 11:00 A.M.. WEDNMDAY. MARCH 6, 2002 I, the undersigned, having carefully examined the Special Instructions, Specifications, General Instructions, and all other related material and information agree to furnish emergency plumbing and rooting services as specified to Washington county at the prices bid, I further agree that this offer to supply emergency plumbing and rooting services will remain in effect at the prices bid for a period of not less than one (1) year from the date that bids are due, and that this offer may not be withdrawn or modified during that time. If this offer, or portion, thereof, is accepted by the Board of Commissioners and award is made thereon, I agree to enter into a contract with Wasbington County to furnish emergency plumbing and rooting services as specified for the prices bid. I hereby certify that this bid is genuine and that I have not entered into collusion with any other vendor(s) or ally other person(s). Tha undersigned Bidder has carefully examined all bidding documents and addenda (if any) numbered - through inclusive. Registered with Oregon Construction Contractors Board YES- Yes or No If yes, Reg. # 106824 Expiration Late 0061_2003 *"Resident Bidder".yEs.. (Yes orNo) ORS701.055 I agree to comply with the provisions as required by ORS 279.350 or 40 U.S.C. 276 for the payment of pre fling wages. AVor a nzpensa an Company: CLARMON AMER. Policy/Bindcr# 21XS-0270-270CA MARCH 5, 2002 SiwlwY DATE PlCHARD S. EVETT PRINK NAM PRESIDENT T1Td.D' BARRICH INC., DBA: METRO ROOTER & PLUMBING Faw PO BOX 33585 503-652-2626 ADDRESS PRONE: (AREA CODE) vnoT*-AbM. oREGOE 97292 P11YSICALt 3333 NW 35Tx AVE BLDG i1C PORTLAND OR 97210 TAX ID #93-1164013 Tax Identification/Social Security Number *"Resident Bidder" means a bidder that has paid unemployment taxes or income taxes in this state diving the 12 calendar months immediately preceding submission of the bid, has a business address' in this slate and has stated in the bid whether the bidder is a "resident bidder". BID FORMS ftIIID'I'i'11l~s tarFnrc~ UMBYRIG A.NYl ROOTLNG SF•ItVIC1LS (#_11078) 1111DOMMIG: 113 00 A 33VEO AX M4-T C19 6. ?.002 ,Y,MM SUBMrr 'ING $In; HORICR INC., DDA: METRO ROOTER b PLUMBING FIRM'S lF'YNANCIAL PAYMENT TERNS (2%-10, NET-30, ETC.): NET 30 ,_CHMULE 1- ROOTYNG SERVICES (Such as Floor Brain, Sink Drain, •BathrooWShower Drain, ToiletfUrinal). RATE $ AMOUNT PER HOUR ]ESTIMATED EXTENSION HOURS First Hour Charge $ 45 $ 69.95 3147.75 Normal Hourly Rana $ 160 $ 59.95 9592.00 AdWilonal time $ 10 $ Per Quarter Hour 15.00 150.00 Aft= Hours Rate $ 69.95 120 $ 8394.00 Holiday Hourly Rate $ SO $ 59.95 2997.50 SUBTOTAL SCHEDULE 1: $ 24,281.25 SUWl DULE 2• ROOTING SERVICES (Such as Main Sewer Line/Hydro-Setter) RATE $ AMO IUM IPER HOUR ESTIMATED EXTENSION ROM First Hour Charge $ 110.00 10 $ 1100.00 Normal Hourly Rate $ 110.00 40 $ 4400.00 AsQ'ditional Time $ . 10 $ Per uarterHour 23.75 237.50 After Hours Rate $ 140.00 -40 $ 5600.00 Holiday Hourly Rate $ 20 $ 110.00 2200.00 ''Im, jj~m BED r-OPMS conflawd SUBTOTAL S 7 1? DULE 2: $ 13,537.50 SCMDULE 3- RO~TINCv .9EP.VICES (Such as Main Sewer l ine/Continuous Rod Machine) RATE $ AMOUNT PER HOUR ESTMATED ][SOU EXTENSION First Hour Charge $ 69.95 10 $ 699.50 Normal Hourly Rate $ 20 $ 59.95 1199.00 • Additional 77me $ 10 $ Per uarrerHour 15.00 150.00 After Hours Rate $ 10 $ 69.95 699.50 Holiday Hourly Rate $ 59.95 10 $ 599.50 SUBTOTAL SCHFIDULE 3: $ 3,347.50 SCHEDULE 4- ROOTING S1E RVICES (Such as Video Camera Drain, Lateral Lines) RAVE $ AMOUNT PER HOUR F,STII U ED HO EXTENSION First Hour Charge $ 10 $ 110.00 1100.00 Normal Hourly Rate' $ 110.00 20 $ 2200.04 Additional 77me $ 10 Per uarterHour 27.50 $ 275.00 After Hours Rate $ 20 $ 140.00 2800.00 Holiday Hourly Rate $ 10 $ 140.00 1400.00 S~TO~aAi, s a: $ 7,775.00 BM FORMS Continued 6MMUILE 5• R99MM SER'4RCS (Such as Tmtbr Catrima, Big Bore Pipe) RATE $ AMOYAa'i< PER 1EIOUR EMMAT ED I OURS E J~SYON First Hour Charge $ 65.00 10 $ 650.00 Normal Hourly Rate $ 20 $ 65.00 1300.00 Addidonal Time $ 10 $ Per ua,rter Hour 65.00 650.00 After Hours Rate $ 75.00 20 $ 1500.00 Holiday Hourly Rate $ 20 $ 75.00 1500.00 SUBTOTAL SCMDULE 5: 5,600.00 SMDUL]E 6- ROOTING SERVICES (Such as plumbing Fixture Repair, Pipe Repair) RATE AMOUNT PER HOUR ESTIMAT'E'D HOURS EXTENSION post Hour Charge $ 30 $ 69.95 2096.50 Alotmal Hourly Rate $ •300 $ 59.95 17985.00• AddlttorW Time $ 10 $ Per Q&Mcr 15.00 150.00 AfterHours Rate $ 100 $ 69.95 6995.00 Holiday hourly Rate $ 50 $ 59.95 2997.50 SMTOTAL SCE.OULE 6-, 30,226.00 131D FORMS C.oartinued SCfHEDULE 7-Rf90TIN(* SERVICES (Such as Pipe Freezing, Pipe Thawing) RATE $ AMOUNT PER HOUR ESTIMATED HO )&InWMON First Hour Charge $ 15 $ 79.95 _ 1199.25 Normal Hourly Rate $ 69.95 75 $ 5246.25 Additional Time $ 10 $ 175.00 17.50 Per Quarter Hour After Hours Rate $ 65 $ 79.95 5196.75 Holiday Hourly Rate $ 40 $ 69.95 2798.00 SUBTOTAL SCHEDULE 7: • $ 14.615.25 gammULE S. BACKHOi HLRVICEB RATE $ AMOUNT PER HOUR ESTIMATED HOURS EXTENSION Fust Hour Charge $ 10 $ 950.00 Normal Hourly hate $ 95.00 20 $ 95.00 1900.00 Additional Tune $ 10 $ ~ Per uarterHour 25.00 250.00 After Hours Rate $ 115.00 20 $ 2300.00 Holiday Hourly Rate $ 20 $ 95.00 1900.00 SMTOTAL SCHMUI E 8: $ 300 0 13IDFORMS om nucd ~CJf11~DUI F 9-)I~JM~HNCy aE1IVit;IE MATEML UN>l'7C OF COST PER UMT ESTIMATED (EXTENSION MF.A,SURIE UANTJiTIES Sewer do Sop Se Gallon $ .205 1000 $ 205.00 Stoxmwatcr Gallon $ 450 $ .285 128.25 Catch Basins Basin $ 60 $ 39.00 2340.00 Vocuum Excavation Hour $ 30 $ 110.00 3300.00 Vacu=Disposal Ton $ 75.00 2 $ .150.00 stand-by limo $ 50.00 40 $ 2000.00 SUBTOTAL SCMD1UM 9: $ _8,123.25 SCl1EDULE 10 - LIl NQ .SERVICE MATERIAL UNIT OF COST PER UNIT ESTMATED FXrENSION MEASURE IJAr 4Fl;oot $ 60.00 200 $12000.00 601 Foot $ 89.00 100 8900.00 $n Foot $ 92. 00 100 9200.00 SUBTOTAL SCL~MULE 10: $ 30.100.09 . RID FORM Corttimied ~CHEDUI,E 11 ~_1.1TyIP,~t3 ~E~G'~ MATERUL UNIT OF COST PER UNrr ME MATED EX'T'ENSION SURE UANTi'I' electronic Leak Detec ion Haut $ 95.00 ?A $ 1900.00 Electronic Pipe Locating Hour $ ZO $ 95.00 1900.40 SMTOTAL SCHEDULE ll-. $ 3,800.00 FEDTOTAIL UL.ES (I..11) 118,7.05.75 EXHIBIT B - SELLER'S PROPOSAL TRADE SERVICES CONTRACT This contract is between Washington County, a political subdivision of the State of Oregon ("County"), and Barrich Inc.,1DHA: Metro hooter &"PIumbing, ("Contractor"). County and Contractor, in consideration of the mutual promises, terms and conditions provided herein, agree to the following: SECTION 1 - PURPOSE AND STANDARD OF SERVICES 'T'his contract sets forth the responsibilities and clarifies the relationship between the County and the Contractor. 1.2 All work shall be performed in u professional manner and unless the means or methods of performing a task are specified elsewhere in this contract, Contractor shall employ methods that are generally accepted and used in the industry, in accordance with industry standards. County's authorised representative shall have access to and the right to inspect the work at all times. Defective work shall be corrected at Contractor's expense. 1.3 Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the work in this contract. Unless otherwise specified in this contract, Contractor shall obtain all perinits necessnry to perioim the work. Failure to comply shall constitute to material breach of this contract. SEMON 2 - CONSIDERATION 2.1 Contractor shall perform the work described in Attachment A, in consideration for which County agrees to pay for the work in the manner as further described in this contract. The rrtaximurn amount payable under this contract is $325,000., unless otherwise amended. Contractor bears the risk of non-payment for services in excess of the amount stated above without prior County approval; but County reserves the right to ratify and pay for such services in its sole discretion. Tf applicable, payments based upon hourly rates or other measurements and provisions for travel expenses are set forth and Identified in Attachment A. Unless otherwise stated in Attachment A. the payment terms are thirty days after invoice approval by the County Contract Administrator, PAGE'' 1 of 3 - TRADE SE-IMCPS CONTRACT c~onnucrjwnw,noa"iui,a ~a.+e,nw~ce SECTION 3 - CONTRACT TERM 3.1. The effective date is: April 1, 2002, or upon final signature, whichever is later. The expiration date Is: March 31, 2005, unless otherwise amended. Passage of the contract expiration date shall not extinguish or prejudice the County's right to enforce Uris contract with respect to any default or defect in perfounanct; that has not been cured. SECTION 4 - ADDITIONAL DOCUMENTS AND NI'TACHMIENTS Tlic following documents are incorporated into this contract: [X] iTni~ : 2110'7 8 t~ 1 Contractor's Response Dated ; 3 -.5- o 7 Standard Contract Terms and Conditions, provided however, insurance under Article 23.2. is not required. 4.2. The following Attachments -are incorporated into and made a part of this contract: Attachment A - Statement of Work/Schedule/Payment Terms Attachment B - Modifications to Standard Contract Terms and Conditions Attachment C - Modifications to Standard Insurance Requirements F1 Attachment D - Federal Certifications Attachment E - prevailing Wage Standards Lai Other - 4.3 In the event there is a conflict between the documents comprisinS this contract, 'the following order of precedence shall apply: the terms and conditions in the body of this contract; Standard Contract''Ferms and Conditions, Attachment A; Attachment 1.3; Attachment C; Attachment D; Attachment L; the ITB; and Contractor's Response. SECTIONS - COUNTY CONTRACT ADMINISTRATOR Name: Doug Stoller Mail Stop 42 Address: 111 SLR Washington St. Hillsboro, OR 97123 Telephone. (503)846-4841 i PACT: 2 of 3 - RADE SI RWES CONTRACT' CkWVN1AACTFwVN1I1lUtN MNS 1344VMMC%LKVC"ACr St crjON 6 - SIGNATURES CONTRAC7411: By my signature below, I certify that I nrn authorized to execute this contract on behalf of Contrtacto 1 r d Sig atu c Date Nanio (Printed) Addmss:3933. iVCJ Ave t~ c Tax ldmilification Numbcr Contractor Contact Perron: t Name: t ~ ~'10tra T's•Maii: COUNTY- -6 2- Risn ure _ Date w ~ _ O ~•(bm Brian Maitn2on Doaxd of Comr ,_s--r?Ta Titlc • ~eGordit~g Sc~rataty': • • ;.(I'or use~vvith•13oard i4crii9~ ' • ' Minute Order'.#• PA013 4 of 3 - TRAlDR SERVICES CONTRACT aWAXWjM'r#V Ua UWFOW4 +44=AW.W%VCVffMAM ATTACHMENT A Statement of Work /Schedule/Palrtttent Terms Work to be. Performed Contractor shall fu"L sh all labor, materials, permits, equipment, tools and all other items necessary for and incidental to executing and completing emergency rooting and plumbing services, and related plumbing installation and repair. Manner of Performing Work The contractor shall protect the interior and exterior of the building, the contents, and the people therein during the course of the project. The contractor shall Perform his work activities in such a manner that they will not interfere with the normal activities of the facility or its employees. The contractor shall clean the work site each day and upon completion of the project, remove all debris from the premises. The work site shall be left in a condition comparable with that at the beginning of the Project. Failure to do so allows the County to perform necessary cleanup action and bill the contractor lbr direct costs. The apparent silence of this contract as to any detailed description concerning any point shalt be regarded as meaning that only best commercial practice is to prevail and that only materials and workmanship of first quality are to be used. Work performed by contractor shall be monitored, reviewed and subject to acceptance by County Contract Administrator. Authorization for Work Emergency work will be authorized by telephone contact from the County Contract. Administrator's Project Coordinator to the Contractor. Upon such contact, the Contractor sliall he authoriicd to go to the site of the emergency, and take whatever actions are reasonably necessary to remedy the plumbing emergency, including repairs not to exceed a total cost of one thousand dollars ($1,000). Contractor shalt assess the problcin causing the emergency. In the event additional repairs or Installations will be needed to cotrect the problem, Contractor shalt send by FAX a written estimate of the work needed, the cost thereof, and the time required. The County Project Coordinator shalt approve or disapprove such work by tclhphono and by return VAX to the Contractor. Contractor shall not exceed the approved estimate unless, prior to pcrfonning any work exceeding the estimate, it contacts the County Project Coordinator and verbal or written approval for such additional work is given. PAGE I - A rrACFYMI:-N'I' A II UK%W0.WTWIWAV. M4 ATTAC NT A Statement of Work /Sehedule/PAyinent Terms Pa yn ►ent sor Work Where the work requires use of equipment mentioned or inherent in the bid schedule, the hourly rate shall include such equipment together with the services of one operator. if work to be performed requims special equipment, the contractor, with prior approval of the County Contract Administrator or designee, may bill for rental equipment or use of their own special equipment at contractor's cost only with no additional fees. Paymcut shall be based on labor and materials actually used for the work, with hourly rates or other units of work As stated in contractor's bid for the applicable kind of work. I "or general p)cunbing work not otherwise specified, and for work in which an additional worker is required, the labor cost Shull be $54.195 per hour per person, and shall include use of all needed tools and equipment to perform the work. All materials shall be paid for at cost plus ten percent (10%). Contractor's invoices shall itemize all charges and identify the location at which work was performed. PAGE 2 - ATTACHMENT A 11 UXXK..SQ"Wx.WCA A" &x --MM oil, 11111M STANDARD CONTRACT TIERM% AND CONDITIONS Subcontraets and Assignment Contractor shall not enter into any subcontracts for any of tho work required by this contract, or assign or transfer any of Its interest in this contract, without the prior written consent of County. The provisions of this contract shall be binding upon and shall inure to the benefit of the parities hereto, and their respective succcvsors and assigns, If any. 2. '!laird Party Beneficiaries. County and Contractor arc the only patties to this contract and arc the only patties entitled to enforce its terms. Nothing in this contract gives, is Intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly, or otherwiso, to third persons unless such third persons arc individually identified by name herein and expressly described as inteuded benetioinries of the terns of this contract. 3. Wri(ten Notice. Any notice of change, termination, or othercommunication having a material effect on this coadract shall be upon the County Contract Administrator and the Contractor Contact Person and served in one of the following manners: a) In-person delivery; or b) deposited In the U.S. Mail under certified or registered handling, postage prepaid. Except as provided In this contract, it is agreed that fifteen calendar days shall constitute reasonnble notice for the exercise of any right in the event that applicable law specifically requires such notice. 4. Governing Gaw1Veauc/Attorney Fees. 'this Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Washington County for the State of Oregon; provided, however, if a Claim is brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States Marlet Court for the District of Oregon. CON RACTOR, RY EXECUTION 0E1'HIS CONTRACT, HEREBY CONSENTS TO TI 16 IN P1iRSONAM JURISDICTION OF SAID COURTS. The prevailing party in a Claim shall be ciulitled to rcasonahle attorney fees and costs as awarded by the court, including any appeal. S. Hetnedic-s Cumulative. All rights and remedies of County and Contractor shall be cumulative and may be exercised successively or concurrently. The foregoing is without limitation to or waiver of any other rights or remedies of County according to law. 6. Sever-ability/Waiver. County and Contractor agree that, if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affectucl, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. The failure of either party to enforce any provision of this contract shall not constitute a waiver by that party of that or any other provision of this contract. 7. 11ablic Contracting Statutes. 7.1 All requirements of Oregon Revised Statutes Nos. 279.310 through279.430, Public Contracting, including but not limited to the following, as applicable, are incorporated herein by reference: n. ORS 279.314, concerning payment of claims by public officers b. ORS 279.316, concerning hours of labor; and c. ORS 279.320, concerning payment for medical care. WASI I1NGTON COUNTY - STANDARD CONTRACT MRMS AND CONDITIONS PAGE of 5 I Fill 7.2. 'Ili* Contractor agrees to: a. Make payment promptly, as due, to all persons supplying, to Contractor, labor or material for (lie prosoclttion of the work provided for in this contract; b. Pay all contributions or amounts duo the Industrial Accident Pund incurred in Clio performance of the contract c. Not permit any lien or claim to be filed or prosecuted against the County on account orally labor or material furnished pursuant to this contract; and d. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. S. Independent Contractor. R.I. Contractor shall pcrforn the work required by this contract as an "independent Contractor." Although County reserves the right to detennine the delivery schedule for the work to be performed and to evaluate the quality of the completed performance, the County cannot and will not control the means or ntarmer of the Contractor's performance. 'llne Contractor shall comply promptly with any requests by County relating to the emphasis or relative emphasis to be placed on various aspects of file work or to such other matters pertaining to the work under this contract. Contractor is responsible for determining the appropriate means and manner of performing the work. 8.2. Contractor roprasents and warrants that Contractor is not an employee of the County, is not currently employed by the Federal Government, meets the specific independent Contractor standards of OILS 670.600, and is not an "officer", "employee", or "agent" of the County, as those terms are used in ORS 30.260 el. seq. Contractor shall be responsible for all federal or slate taxes applicable to any compensation or payments paid to Contractor under this contract. Contractor is not eligible for any federat Social Security, unemployment insurance, or workers' compensation benefits from compensation or payments paid to Contractor tinder this contract. Contractor agrees to Immedia(cly provide County notice of any claim made 1calrrst Contractor by any third party. Contractor also agrees not to assign to any third party, without County's written consent, any obligation of County to indemnify Contractor for any actions under this contract. 9. Indemniticntion. Contractor shall hold harmless, indemnify, and defend the County, Its Commissioners, ernploym, and agents for any and all claims, damages, losses, and expenses, including but not limited to "sonable attorney(s) fees arising out of or resulting from Contractor's performance of or failure to perform the obligations of this contract. 10. Nondiscrimination. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting fmm this contract on the grounds of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status. Any violation of this provision shall be considered a material defect and shall be grounds for cancellation, tennination or suslrnsion in whole or in mart by the County. 11 1'ermitration 11.1. This contract may be terminated under the following conditions: WASI IINGI ON COUNTY - STANDARD CONTRACT TERMS AND CONDITIONS PAUE 2 of 5 t a. By mutual consent of both parties. b Contractor may terminate- this contract upon a material default of County; however, Contractor must provide written notice to the County Contract Administrator and provide County witch thirty days to cure the default. c. County may at any time terminate, the whole or any part of, this contract for default if Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after roccipt of written notice from the County, fails to correct such failures within seven calendar days or such other period as the County may authorize or require. Upon receiving a notice of termination issued by County, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by County in the notice of termination. 113. In the event ilia Board of Commissioners of Washington County reduces, changes, climina(es, or otherwise modifies time finding for this contract, or if funding froth federal, state, or other sources is not obtained and continucxl at levels sufficient to allow for the purchase of the indicated quantity of services, then County may terminate this contract, in whole or in part, effective upon delivery of written not ice to the Contractor, or at such later date as may be established by the County, and Contractor agrees to abide by any such decision. In addition to its other rights to terminate, County may terminate this contract in whole or in part upon Urirty days' notice to Contractor when it is determined to be in the best interests of County. During this thirty-day period, Contractor shall wind down and ceaso its services as quickly and efficiently as possible, without performing unnecessary services or activities and by minimizing negative effects on County from such winding down and cessation of services. The rights and remedies of the County provided in this section, are not exclusive-and are in addition to any other rights and remedies provided by law or under this contract. If this contract is terminated under subsections 11.3 or 11.4, County shall bo liable only for payment in accordance with the terms ofthis contract for services satisfactorily tendered prior to the effective date of termination. Upon termination, Contractor shall deliver to County all contract documents, Information, works-in progress, and other properly that am or would be deliverables had the contract been completed. 12. 'Cinme is of the essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this contract 13. Force lvlnjeure. Neither County nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of Cod, or war where such cause was beyond, respectively, County's or Contnhctor's reasonable control. Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this contract 14. Compliance with Applicable T Gmw Contractor and its subcontractor(s) shall comply with all federal, state, and local laws and ordinances applicable to the work performed under this contract including . , but not limited to ilia following, as applicable: Title VI of the Civil Rights Act of 1964, Section V of ilia Rehabilitation Act WASHINGTON COUNIY - STANDARD CONTRACT TERMS AND CONDITIONS PAGE 3 of 5 of 1973, ilia Americans with Disabilities Act of 1990 (Pub I,No.101-336), OILS 659A25 and all regulations and administrulive rules established pursuant to tltgse laws; and all other applicable vequiremonis of federal and state civil rights and rehabilitation statutes, rules and regulations. 15. Oregon Registration. If Contractor is not domiciled in or registered to do business in the State of Oregon, Contractor shall promptly provide to the Oregon 13cpartment of Revenue and the Secretary of State Corporation Division all information required by those agencies relative to this contract. 16. Use of County Fncilitics. Contractor and its employees or agents shall have the right to use only those facilities of County that aro necessary to perform the services under this contract and shall have no fight of access to any facility of the County without prior approval of County management. County shall have no responsibility for the loss,•theft, mysterious disappearance of or damage to equipment, tools, materials, supplies, and other personal property of Contractor or its employees, subcontr4ctors or agents which may be stored on Comity premises. 7. Publicity. Contractor shall not use in its exlcntal advertising, marketing programs or other promotional efforts, any data, picturc-, or other representations of the County except on prior specific written nuthori7Ation from County management. 18. Survival. The leans, conditions, representations, and all warranties contained in this contract shall survive the termination or expiration ofthis contract. 19. Counterparts, This contract may be executed in several counterparts, each of which shall be an original, all of which stiali constitute one and IIto same instrument. 20. Warranties. Con(metor represents and warrants to County that, (a) Contractor has the power and authority to enter into and perform the contract, (b) the contract, when executed and delivered, shall be a valid attd binding obligation of Contractor enforceable in accordance; with its terms, and (c) Contractor's performance under ilia contract shall be in a good and workmanlike manner and in accordance with the professional stalldafds. 21. Records. Contractor shall maintain all fiscal records relating to this contract in accordance with generally accepted accounting principles. In addition, contractor shall maintain any other records pertinent to this contract in such a manner as to clearly document Contractor's performance hereunder. Contractor acknowludges and agrees that County and its duly authorized representatives shall have access to such fiscal records and all other book-, documeno, papers, plans, and writings of the Contractor that are per inenl to this contract. All such fiscal records, books, documents, papers. plans, and writing shall be retained by Contractor and kept accessible for a minimum ofthree years, except as required longer by law, following final payment and termination of this contract, or until the conciusion of any audit, controversy, or litigation arising out of or related to this contract, whichever date Is later. All subcontracts shall also comply with these provisions. 22. Work Product. All work products of the Contractor which result from this contract ("due work products', excerpt material previously and mutually identified as confidential or proprietary, shall be provided to Courtly upon request and shall be considered the exclusive property of the County. In addition, if any of Ute work products contain intelivetuat property of the Contractor that is or could be protected by federal copyright, patent, or trademark laws, or slate trade secret laws, Contractor hereby grants County a perpetual, royalty-free, fnlty paid-up, nonoxclusive and Irrevocable license to copy, reproduce, perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so. Such work products include, but at-9 not limited to: daunhases, templates, Flo formats, scripts, links, procedures; materials, training manuals and oilier training WASHINGTON COUNTY - STANDARD COMRACT TERMS AND CONDITIONS PAOR 4 of 5 M=j materials, specially created key commands, and any other information, designs, plans, or works provided or delivered to the County or produced by Contractor under this contract. 23. Insurance. The Contractor shall purchase and maintain, at the Contractor's expense, the typos of insurance listed below, covering the Contractor, its employees and agents: 11he following policies shall name Washington County, its Commissioners, employees, and agents, as an ADOITIONAL INSURED: a. Coiuprohemive general liability Insirrancecovering personal injury and property damage with a combined single limit, or the equivalent of not less than*$500,000. 'I'bis Insurance shall include contractual liability coverage for the indemnity provided under this contract; h. Automobile liability insurance with combined single limit coverage of not less than $500,000 cacti claim, incident, or occurrence. Professional Liability Insurance with a combined single limit of not less than $1,000,000 cacti claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. Workers' Compensation Insurance in compliance: with 656.017, which requires subject eniployers to provide Oregon workers' compensation coverage for all their subject workers. A copy of the: policy or Certificate of Insurance acceptable to the County shall be filed with the County prior to lie effectivu date of this contract. The policy or certificate shall provide for thirty days' notice of cancellation or nialcrial change. 24. County Policies. During the performance of this contract, Contractor shall follow County's Affirmative Action Program which is to promote the objectives of the Equal Employment Opportunity Commission's guidelines ns set forgr in the Equal Employment Opportunity Actor 1972, Oregon State Laws, legal mandates. and Pro-Adcntial Executive Order 112d6 entitled Equal Employment Opportunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation 41 CFR part 60. Contractor shall also follow the County Harnssment Free and Violence in the Workplace Policies. All subcontracts shall also comply with these provisions. 25. Amendment. Ibis contract may only be amended by a written amendment signed by autliorizW agents of loth parties. 26. Whole Contract. TI US CONTRACT' CONSTITUTF.,S THE COMPLLfE AND EXCLUSiVR STA'T'EMENT OF TIM CONTRACT 11ETWE6N TIIE PARTIES RELEVANT TO THP PURPOSE: DESCRIEiT:D I111RE1N AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN 1146- PARTIES RULAT'INCT TO THE SUI1jl;CT MA-rrbR OP THIS CONTRACT. WASI.11NOTON COUNTY - STANDARD CONTRACTTGRMS AND CONI)ITIONS PAUL 5 of 5 7~ EXHIBIT C CITY OF TIGARD (Buyer) STANDARD TERMS AND CONDITIONS 1. Packing & Shipment. Deliveries shall be made as specified, without charge for boxing, crating, carting or storage. Material shall be suitably packed to ensure against damage from weather or transportation and to secure lowest transportation costs, and in accordance with the requirements of common carriers. Buyer's Order number and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Buyer's count or weight shall be conclusive on shipment not accompanied by packing lists. Unless otherwise specifically agreed on the reverse side of this Agreement, all costs of packaging and shipment are included in the purchase price and all goods will be shipped, with all costs prepaid. Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be bome by the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at the location specified by Buyer in this Order. 2. Wanan ty. Unless otherwise agreed in writing, Seller warrants that the products ordered will conform to the specifications herein and to any drawings, samples, or other description furnished or adopted by Buyer. All products are warranted to be merchantable, to be of the highest quality design, material, and workmanship and free from defect and to be fit for purpose intended. All warranties shall survive inspection or test, acceptance and payment. Warranties shall run to Buyer, its successors, assigns and customers. Warranty period shall be (1) year from date of acceptance by Buyer. 3. Inspection and Acceptance. At Buyers request, Seller shall provide a complete inspection program; satisfactory to Buyer, for Buyer's inspection of all materials, fabricating methods, equipment in process work and finished products. If this Order provides for inspection of the work by Buyer on site during the period of manufacture, Seller agrees to provide Buyer's inspectors with reasonable facilities and assistance during such inspection. Inspection by Buyer shall not unduly delay the work. Buyer may charge Seller any additional cost incurred by Buyer if the work is not ready in accordance with the inspection schedule. Any inspection made or Waiver-of-Inspection-Notice given by Buyer will not relieve Seller from its responsibilities for delivering products and work hereunder. Acceptance or rejection of the products shall be made up to 10 days after delivery and inspection by Buyer except as otherwise provided herein. Failure to inspect and accept or reject products shall neither relieve Seller from responsibility for such products, which do not meet the requirements herein nor impose liability on Buyer therefor. 4. Delivery. If Seller fails to meet the delivery schedule provided herein, Buyer may require Seller to deliver the products, or any portion thereof, in any manner commercially necessary to speed delivery, all at the Seller's sole expense. Unless otherwise agreed upon in writing by Buyer and Seller, Seller shall be required to pay the normal freight weight plus any premium rate required. Invoices covering products shipped in advance of the date specified will not be paid until after the date specified for delivery and are subject to rejection, as provided in this paragraph immediately below, if shipped too early. Neither party shall be liable for delays or defaults due to strike, fire, windstomn, riot, natural disaster, war, civil unrest or other similar unforeseeable cause beyond the control and without the fault or negligence of the party incurring such delay. Seller shall notify Buyer in writing of the existence of such cause within five (5) days after the commencement of the delay or default giving pertinent information concerning such cause. No delivery shall be made more than seven (7) days prior to the applicable delivery date, and Buyer shall have the right to return earlier deliveries at Seller's risk and expense or charge to Seller any additional costs sustained because of the same. 5. Buyer-Fumished Materials. Seller shall assume all risk of loss of any material furnished by Buyer to Seller for use in performance of this Order. 6. Taxes. Seller shall not invoice Buyer for any taxes nor include in Seller's price any federal excise, state, or city tax or any other tax, unless Seller has fast asked Buyer for Buyer's tax exemption number and it has been agreed upon between both parties that Buyer is not exempt from the tax. 7. Changes. Buyer may, by written order, make changes including changes in drawings or specifications. Buyer will equitably adjust i any difference in cost or time for performance resulting from such change and the Order modified in writing accordingly. ANY i CLAIM BY SELLER UNDER THIS CLAUSE MUST BE ASSERTED IN WRITING WITHIN 30 DAYS FROM THE DATE OF SELLER'S RECEIPT OF THE CHANGE ORDER OR THE CLAIM WILL NOT BE ALLOWED. i In the event that Buyer proposes any change prior to making such change by written order and such change will have an effect on the warranty of the products procured by this Order, Seller shall notify Buyer in writing of such effect within 10 days of receipt of such proposal. 8. Advertisine. Seller shall not, without the written consent of Buyer, un any manner advertise or publish the fact that Seller has fumished or contracted to furnish to Buyer the products herein. 9. Cancellation for Cause. Buyer may cancel all or any part of the undelivered portion of this Order if Seller breaches any of the terms hereof or in the event of any of the following: Insolvency of Seller, a voluntary or involuntary petition in bankruptcy for, by or against Seller, the appointment of a receiver or tnrstee for Seller, or an assignment for the benefit of creditors by Seller or if Buyer has reasonable cause to believe Seller will become insolvent, file for bankruptcy, go out of business or that the products being shipped may be subject to lien, claim or attachment by a creditor of Seller. Any such cancellation under this section shall be Purchase Agreement amended 8-01-01 1 cancellation for cause and in the event of such cancellation, Buyer shall have the right to complete, or cause to have completed, this Order including the right to cause Seller to produce, without liability of any kind to the Buyer, proprietary items of the Seller as necessary to complete the Order. The remedies and damages in this section shall be cumulative and in addition to any other or further remedies provided at Law or in Equity, including reasonable and necessary attorney's fees and other costs of litigation. 10. Termination. City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of termination. City may deduct the amount of damages, if any, sustained by City due to any breach of contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs of litigation at trial and on appeal. 11. Assignment and Subcontracting. Seller may not assign or subcontract any of its rights or obligations hereunder without the prior written approval of Buyer. Any unapproved assignment shall be void. Seller shall be fully responsible for the acts or omissions of any subcontractors and all persons employed by them, and neither the approval by Buyer of any subcontract nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and the Buyer. Buyer may assign its rights under this Order. 12. Work on Buyer's Premises. If Seller's performance of this Order involves operations by Seller on Buyer's premises, Seller shall (a) provide all necessary and sufficient safeguards and take all proper precautions against the occurrence of injury to any person or damage to any property, and shall be responsible for and shall indemnify and hold harmless Buyer, its representatives, officers, employees, and agents from any and all loss, suit, action or claim, including cost and attorney's fees, by reason of injury, including death, to any person and carry public liability and property damage insurance with limits of liability of not less than $300,000 each, unless higher limits are required by a signed purchase agreement, with contractual liability endorsement and such insurance of employees as may be required by any workmen's compensation act or other law, regulation or ordinance which may apply in the premises. Such public liability and property damage insurance shall also cover the operation of Seller's vehicles used in the performance of Seller's operations. Any policy of insurance written in accordance with the foregoing shall be appropriately endorsed to named Buyer, it's officials, employees and agents as additional insureds, with provisions that such insurance is primary insurance with respect to their interest, and that any other insurance maintained by Buyer is excess and not contributory insurance with the insurance required hereunder, with cross-liability or severability of interest provisions, and shall further provide that the coverage provided thereby shall not be modified or discontinued or terminated except upon 30 days prior written notice to Buyer. Compliance shall be verified by Certificate of Insurance with appropriate endorsements sent to Buyer prior to Seller commencing work on Buyer's premises. Any work performed on Buyer's premises must be done pursuant to all OSHA standards, all applicable State and Federal health and safety laws, rules and regulations and all workers must be covered by workers' compensation insurance furnished through and paid for by Seller. 13. Stog Work Order. Buyer may, at any time by written order to Seller, require Seller to stop all, or any part of the work called for by this Order for a period of 90 days after the written order is delivered to Seller, and for any further period to which the parties may agree and for any other period to which the parties may have agreed or as provided in Section 4, 10, and/or 11. Within the period of 90 days or less or within any extension of that period, Buyer shall either: (a) cancel the "Stop Work Order" and direct Seller to resume work; or (b) terminate the work covered by this Order. If Buyer orders Seller to resume work, Seller shall be entitled to any equitable adjustment pursuant to Section 8 provided a claim for such an adjustment shall be submitted by Seller within 30 days after the end of the period of work stoppage. 14. Payment Payment date and cash discount period shall be calculated from the date of Buyer's receipt of an acceptable invoice and Buyer's acceptance of the products and supporting documentation at destination. 15. Information/Data. Unless otherwise agreed in writing any designs, drawings, specifications, or other manufacturing information furnished by Buyer to Seller shall be confidential to Buyer and is furnished solely for the performance of this Order. All copies of such information shall be returned to Buyer upon completion of the Order. Any designs, drawings, specifications, or other manufacturing information delivered by Seller to Buyer may be used for any purpose whatsoever. The foregoing shall apply notwithstanding the presence or absence of any contrary legend or statement on any of such information. All business and governmental information materials containing business and governmental information provided by Buyer to Seller shall be treated as confidential. 16. Compliance with Laws and Regulations. Seller wan-ants that all products, goods, or work delivered and performed shall comply with all applicable Federal, State or Local Laws or Regulations including without limitation The Occupational Safety and Heath Act (29 USC. Chapter 15); Federal Hazardous Material Transportation Act (49 USC. Chapter 27); Equal Employment Opportunity; E.O. 11246 and 41 CFR Sections 60-1.4 and 60-1.7; Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-7414; Utilization of Minority Enterprises E.O. 11625 and 41 CFR Subpart 1-1.13; Age Discrinmination E.O. 11141, Employment of Veterans E.O. 11701 and 41 CFR Section 50-250.4 and all rules, regulations and amendments issued pursuant to the foregoing. Seller shall indemnity Buyer, its officers, employees and agents against any damages, penalties, costs or expenses incurred in connection with any alleged violation of any Federal, State or Local Law or regulating the manufacture or sale to the Buyer of any Item covered by this Order. 17. Patents. Copyri ts. Trademarks. Seller warrants that no products will be famished hereunder, which infringe or contribute to the infringement of any letters patent, copyright or trademark. Seller agrees to immediately replace at its sole cost any products Purchase Agreement amended 8-01-01 2 furnished hereunder which infringe or contribute to the infringement of any letters patent, copyright or trademark or to take all steps necessary at Seller's sole expense to remove such infringement. Seller will indemnify and hold hammless Buyer, its representatives, officers, employees and agents from and against any and all costs, royalties, damages and/or expenses which may arise out of or result from, or be reasonably incurred in contesting any claims that the methods, processes or acts by the Seller or its employees or the products furnished hereunder, infringes or contributes to the infringement of any letters, patent, copyright or trademark. 18. Waiver. The failure of Buyer to enforce at any time any of the provisions of this Order or to exercise any option herein provided, shall not be a present or future waiver of such provisions, nor in any way affect the validity of this Order or any part hereof, or the right thereafter to enforce each and every such provision. The express waiver (whether one (1) or more times) of any provision, condition or requirement shall not constitute a waiver of any future obligation to comply with such provision, condition or regairement. 19. Independent Contractor. Seller is an independent contractor and persons employed by Seller shall be employees of Seller and not employees of Buyer. 20. Complete Agreement. The Purchase Order and any referenced attachments constitute the complete agreement between the parties. Except as otherwise provided herein, it is subject to change only by an instrument signed in writing by both parties. 21. Acceptance by Performance. If Seller fails provide to Buyer with a signed copy of this order, but delivers product or performs the services specified in this agreement, then Seller agrees that the Seller shall be deemed to have accepted the temms and conditions of this order, as provided on both the front and this reverse side of the order. Buyer must agree any changes or modifications to this order by Seller to, in writing, or they shall not be deemed accepted by Buyer and if the Seller delivers the products nonetheless, then the original temms and conditions of this order shall govem. 22. Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the terms, conditions or the performance of this order, then it is hereby agreed by both Buyer and Seller that the dispute shall be submitted first to non-binding mediation, to be performed by a sole mediator to be agreed upon between Buyer and Seller. If a mediator cannot be agreed upon, then the parties agree that any Circuit Court judge for the State of Oregon, County of Washington, shall be authorized to appoint a mediator for the parties. Should the parties fail to reach an agreement through mediation, then the parties shall submit to binding arbitration, which shall be governed by the rules of the Arbitration Service of Portland, and shall be conducted within Washington County. The arbitration shall be conducted by a single arbitrator chosen by mutual agreement of the parties. If the parties are unable to agree on an arbitrator, the parties shall ask the Presiding Judge of the Circuit Court for Washington County to select the arbitrator. If the arbitrators determine that one party is the prevailing party, then the losing party shall be required to pay all fees and costs of the arbitration. On the other hand, if the arbitrators determine that neither party is to be considered the prevailing party, then the fees and costs of the arbitration shall be divided equally between the parties. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, then the other party shall be entitled to costs, including reasonable attorney fees, for having to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator and any individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third parties arising out of this order or the arbitration. 23. Jurisdiction and Attorney Fees. This order shall be governed and construed according to the laws of the State of Oregon. If a dispute shall arise under this order necessitating the services of an attorney, then the prevailing party shall be entitled to collect from the losing party all of its/his/her reasonable costs and attorney fees, either in arbitration (if awarded by the arbitrator as provided above), or by a court before which any matter concerning this order may be heard, both at trial and on appeal. 24. Neutral Interpretation. This order constitutes the product of negotiations between the parties hereto. Any enforcement hereof will be interpreted in a neutral manner and not more strongly for or against any party based upon the source of draftsmanship. 25. Severability. Nothing contained herein shall be construed to require the commission of any act contrary to law, and wherever there is any conflict between the provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which to the parties have no legal right to contract, the latter shall prevail. The provision of this Agreement, which is affected, shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law. 26. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, then that period shall be extended to include the next day which is not a Saturday, Sunday or holiday. Notice. Any notice required or permitted to be given by either party to the other shall be deemed to have been given when sent via telecopy, overnight air courier, or deposited in the United States mail certified, return receipt requested, with first class postage prepaid, addressed as indicated on the front of this order, or addressed to either party at such other address as such party shall hereafter furnish to the other party in writing. Notice shall also be considered effective upon delivery if personally delivered. 27. Conditions of Supplying a Public Agency. Where applicable, seller must make payment promptly as due to persons supplying Seller labor or materials for the execution of the work provided by this order. Seller must pay all contributions or amounts due from Seller to the industrial accident fiend incurred in the performance of this order. Seller shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of Buyer on account of any labor or material to be furnished. Seller further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Purchase Agreement amended 8-01-01 3 28. Payment of Claims by Public Officers. In the event that Seller fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Seller or a subcontractor of Seller by any person in correction with the performance of this order when such claim becomes due, then the proper officer or officers representing the Buyer hereunder may pay such claim to the person famishing the labor or services and charge the amount of the payment against the funds due or to become due to the Seller by reason of this order. The payment of a claim in the manner authorized by this provision shall not relieve the Seller or any of the Seller's surety from obligations with respect to any unpaid claims. 29. Health Care Benefits for Seller's Em lloyees. If this order involves public service, then Seller must provide health care benefits to all employees who are performing services previously performed by public employees performing similar duties under this order. 30. Hours of Labor. If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services as defined in ORS 279.050, the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279.334. In cases of contracts for personal services as defined in ORS 279.050, any labor shall be paid at least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 31. Medical Care and Workers' Compensation. Seller shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury, to the employees of such Seller, of all sums which the Seller agrees to pay for such services and all moneys and sums which the Seller collected or deducted from the wages of the employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service. Purchase Agreement arnended 8-01-01 4 AGENDA ITEM # _ 41 FOR AGENDA OF October 29, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Street Maintenance Fee Public Process PREPARED BY: A.P. uenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Informational briefing on the public process developed to increase public awareness of the proposed Street Maintenance Fee and to obtain more public input from citizens and businesses in Tigard prior to any Council action regarding implementation. STAFF RECOMMENDATION Informational briefing for Council. No recommendation at this point. INFORMATION SUMMARY At the Council Workshop meeting on September 17, 2002, City Council heard a report from the City Attorney's office regarding the various issues that a few citizens and several businesses have brought_ up regarding the proposed Street Maintenance Fee. At that meeting, Council extended the public process for the Street Maintenance Fee by three months. The Transportation Financing Strategies Task Force met on October 10, 2002 to develop a public process to increase citizen awareness of the proposed fee and to obtain additional public input from the citizens and businesses in Tigard. To increase public awareness, the Task Force decided to commission a video presentation to explain why the fee is necessary and to suggest ways that citizens can become involved in the process. One significant way to become better informed on the issues and on the reasons why implementation of the fee at this time supports the community's vision of what Tigard should look like now and in the future. This video will be aired periodically during the next few months over the public access channel. To obtain public input, a public meeting has been scheduled for November 14, 2002 to discuss the fee with citizens and businesses. This meeting will be held in Town Hall beginning at 6:30 p.m. and will be structured as an open house. Task Force members and staff will be present to receive input and answer any questions regarding the proposed fee. Council discussion of the results of the meeting is scheduled for the Council meeting on December 17, 2002. Any action on implementation of the fee would most likely be scheduled for early 2003. If Council does approve implementation, the effective date for the fee would be set several months after Council action. This would give the City of Tigard staff sufficient time to set up the fund and do the necessary work to ensure that the amounts can be incorporated on the utility bills without a glitch in the billing process. r. a OTHER ALTERNATIVES CONSIDERED None. Council direction is to extend the public process with a report to Council to be scheduled in December 2002. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Timely maintenance of the street infrastructure meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety. The implementation of the Street Maintenance Fee meets the goal of Identify and Develop Funding Resources. ATTACHMENT LIST None. FISCAL NOTES None at this point. The implementation of the Street Maintenance Fee would provide funding for street maintenance, limited rights-of-way maintenance, limited sidewalk maintenance, and street light and traffic signal system energy costs and maintenance. I:\Citywide\Sum\Agenda Summary-Street Maintenance Fee Public Process.doc a~va Public Process Street Maintenance Fee • Video Presentation: Protecting Our Investment Public Process • Prepared to enhance citizen awareness of the need for a new revenue source October 29, 2002 • Will be played periodically on public access television (TVTV) • Is available on the City website: www.ci.tigard.or.us in three quality levels • Is available for checkout at the library Public Process For More Information: • Brochure of questions and answers • Check the City's web site available @ front counter and library • www.ci.tigard.or.us • Public Meeting • Contact: Gus Duenas • November 14, 2002 City Engineer • Open House format • 6:30 p.m. to 8:00 p.m. at Town Hall (503) 639-4171 x2470 • Future meetings - Based on input email address: gus@ci.tigard.or.us • Report to Council - December 17, 2002 i i 1 r AGENDA ITEM # JS FOR AGENDA OF 10/29/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Intergovernmental Agreement (IGA) with Washington County regarding station area design and coordination for Commuter Rail / / PREPARED BY: Beth St. Amand DEPT HEAD OK :'%V ~ ; Y MGR OK ISSUE BEFORE THE COUNCIL Washington County is entering into an IGA with Tigard and all affected jurisdictions (Tualatin, Beaverton and Wilsonville) to allow better coordination and station design consistency between the cities and the County. STAFF RECOMMENDATION That Council review the IGA and pass a resolution authorizing the Mayor to enter into the IGA with Washington County regarding the Tigard station-area design and coordination for Commuter Rail. INFORMATION SUMMARY Washington County and TriMet-along with Tigard, Beaverton, Tualatin, Wilsonville and other regional partners- are planning a Commuter Rail train system that would carry commuters from Wilsonville to Beaverton beginning in 2005. As part of those plans, Tigard would have two stations: Downtown and Washington Square. The County is entering into an IGA with Tigard and all affected jurisdictions (Tualatin, Beaverton and Wilsonville) to allow better coordination and station design consistency between the cities and the County. To aid the project in receiving its full federal funding allocation, the IGA will be included as part of the Full Funding Grant Agreement paperwork. The IGA will include general language that will accommodate the work done by the Downtown Task Force, a group of Downtown property and business owners. The Task Force has been reviewing the station-area plans and has been working closely with Washington County and TriMet to influence the Downtown station's development. The Task Force will develop a list of priority projects for the Downtown station before final engineering takes place, which will be reviewed with the County and TriMet and will shape the station's appearance. The Downtown Task Force process will not result in additional cost to the Commuter Rail project; these projects will be addressed in a separate manner (see Fiscal Notes). OTHER ALTERNATIVES CONSIDERED That Council not pass a resolution authorizing the Mayor to enter into the IGA with Washington County regarding the Tigard station-area design and coordination for Commuter Rail. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1, Provide opportunities to work proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and citizens of Tigard to set the course for the future of the central business district. Transportation and Traffic Goal #3, Alternative Modes of Transportation are Available and Use is Maximized. ATTACHMENT LIST Attachment 1: Proposed Resolution Exhibit A to Resolution: Urban Services Intergovernmental Agreement between the City of Tigard, the City of Tualatin, the City of Beaverton, the City of Wilsonville and Washington County, Oregon; and Exhibit A to the IGA - Draft Washington County Commuter Rail Station Design Scope Attachment 2: Transmittal Letter from Washington County Land Use and Transportation Director Kathy Lehtola FISCAL NOTES The IGA will state the Commuter Rail project's fiscal responsibilities to the station areas. Exhibit A to the IGA categorizes station improvements into three levels: station elements, amenities and enhancements. The Project will be responsible for station elements and some amenities; other funding sources will be required to provide amenities and enhancements. These agreements will be documented when they occur. The Downtown Task Force will explore additional funding mechanisms for the Downtown station. \\TIG333\USR\DEPTS\LRPLN\beth\Downtown\Council 10 29 02 ais IGA..doc W DRAFT Exhibit A to Commuter Rail intergovernmental Agreement a~ Washington County Commuter Reel Station Design Scope 4 September 2002 ray ~ , .y cva 45►r., L I" 10i CIO ~7f ~F{; ^l•~r- - yam` Table of Contents Project Summary Project Scope 2 Introduction 3 Objectives 4 Station Elements Platforms, Tactile Pavers & Track Crossings 5-6 Shelters 7 Lights, Signs & Ticket Machines 8 Station Amenities Paving & Railings 9 Benches, Phones, Trash Receptacles, Tree Grates & Bike Racks 10 Public Art 11 Station Enhancements 12 Conceptual Station Plans Beaverton TC 13 Scholls Ferry Rd./Washington Sq....... 13 Tigard TC 14 Tualatin 15 Wilsonville 15 Exhibit A: Design Scope & Objectives for Stations -Commuter Rail DRAFT Project Description The Commuter Rail project will serve critical public mobility Project Summaly needs in the eastern Washington County transit corridor through joint use of freight rail lines to move commuters through this fast growing area. ® The Commuter Rail project: a. • links with the MAX Blue Line to connect riders with ® Hillsboro, Portland, Gresham and the Portland Airport • runs 14.7 miles from Wilsonville to Beaverton along an existing railroad corridor • links five eastern Washington County regional and town centers q ! • includes park & ride facilities at four of the five stations at Trinity Railway Express Washington Square, Tigard, Tualatin and Wilsonville Dallas/Ft. Worth, Texas • will operate weekdays during rush hours • has an estimated daily ridership of 4,650 in 2020 Project Cost Total capital cost for the Commuter Rail project is estimated at BaavartonTC $120 million (year-of-expenditure dollars). Federal, state and local funding will cover construction costs. Local cities and Washington County have committed $25 million in local ~qA funds. The 2001 Legislature committed $35 million in state lottery bond proceeds for the project. A request for federal authorization and funding for the balance is underway. 8°hoila Forry/ Washington Sq.0 Background and Project Status Tigard Tc ° In 1996, Washington County; the cities of Beaverton, Tigard, Tualatin, Wilsonville and Sherwood; TriMet; Metro; and ODOT began studying the feasibility of commuter rail along a branch _ freight rail line that parallels Interstate 5 and Highway 217 - between Wilsonville and Beaverton. In 1999, the county and the Federal Transit Administration (FTA) began alternatives analysis and an environmental assessment. Both processes TualatinO have been successfully concluded, and the project is now t y.'°~ ® seeking federal approval to begin final design. LEGEND Benefits . tm...r W L. i ® -woo.". • Of the 4,650 average daily weekday riders (in 2020), 2,350 would be new to transit. Commuter rail travel time of 26 minutes between Beaverton and Wilsonville is 35-50 percent less than equivalent auto travel. o Capital cost of $8.2 million per mile is significantly less ~ than an alternative limited-access highway. • Project is consistent with local, regional and state Washington County commuter rail corridor plans. Exhibit A: Design Scope & Objectives for Stations - Commuter Flail DRAFT Page 1 Project Scope Commuter Rail Service In most settings, commuter rail is a transit service that pre- dominantly serves work commute trips over longer distances than light rail a MAX). Trains typically run during both the w„n• morning and afternoon rush hours; some commuter rail agencies also offer mid-day trains. Commuter rail stations r f are typically further apart than light rail stations; station spacing on the Washington County line ranges from 3-5 miles. s Washington County and TriMet are planning for weekday commuter rail service for 3.5 hours in both the mornings and Rail Diesel Car (RDC) afternoons. Commuter Rail Vehicles Most new commuter rail systems in North America use diesel- } n electric-powered locomotives hauling 3-6 passenger coaches t in order to carry many passengers over long distances. For commuter corridors with shorter distances between stations and smaller passenger loads, self-propelled train cars like the Rail Diesel Car (RDC), used by the Trinity Railway Express in Dallas/Ft. Worth, are more economical. RDC Interior-Trinity Railway Express Dallas/Ft. Worth, Texas Since the Washington County commuter trains will be operating on an active freight railroad, the passenger vehicles must comply with safety standards set by the Federal Railroad Administration (FRA). No FRA-compliant vehicles have been manufactured since the 1950s. - Recently a new car developed by Colorado Rail Car has met the FRA standards and remains in development. Another possible self-propelled rail car is being developed by Bombardier Transportation. AeroDMU-Colorado Rail Car Commuter Rail Facilities Commuter rail station facilities across North America vary widely in size and amenity levels. Some stations have oper- ated continuously as central railroad stations for decades. ~ O Other stations, in part because of the limited peak-hours service, are fairly utilitarian. M•7 commuter rail vehicle-Long Island Railroad Bombardier Transportation Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 2 Introduction Purpose - T This document will provide project partners a means of _ establishing the objectives and expectations of station design for the Washington County Commuter Rail Project. This document will help: • outline the objectives of station design for the project • present background information and design examples from fy other projects in the region and other commuter rail MAX Red Line-Portland Airport systems • clarify station design options and station elements within the project's baseline budget • outline opportunities for TriMet's public an program to help station communities strengthen their identity using ° standard and unique project materials • introduce possible enhancements that, while beyond the scope of the project, may be funded locally by station communities This document also serves as Exhibit A to the Intergovernmental Agreement (IGA) that the project Dorsey, , Maryland atryland RC commuter rail partners have implemented to describe the physical Dor improvements within each jurisdiction and to provide the basis for a common set of design guidelines to be followed during Project construction. These design guidelines, when used in conjunction with the preliminary engineering documents, ensure that the Project will provide similar improvements in each of the Cities based on a consistent set of Project design expectations. The IGA also notes that physical improvements or modifications beyond those set forth in these design guidelines or agreed to design variations will be the financially responsibility of the sponsoring city or agency. Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 3 Design Objectives TriMet builds both bus and rail facilities based on objectives that have evolved over the years. In building capital facilities, TriMet seeks to: • optimize passenger safety and security a provide protection from the elements for waiting i passengers • optimize system reliability and customer comfort Station platform-Trinity Railway Express • enhance the physical place and community in which Dallas/FL Worth, Texas the facility resides e minimize disruption to local facilities and communities • minimize energy consumption C ease and facilitate maintenance and reduce costs over time . '•s' provide attractive physical improvements within the project's overall capital budget Station platform and adjacent buses-Metrolink Southern California Exhibit A: Design Scope &r Objectives for Stations -Commuter Rail DRAFT Page 4 Station Element: Platforms I. 7~ Conceptual center platform design Ramp 'High-block Source: Washington County/URS/BRW Station platforms provide waiting and loading areas for commuter rail passengers. Platforms must be designed to accommodate pedestrian circulation, ADA requirements, standard transit i'..,. , amenities and the commuter rail vehicle dimen- sions and clearances. Platform dimensions are } . typically 20 feet wide by 200 feet long. Commuter rail platforms will include: Illustration of conceptual platform design • a "mini-high-block" platform for loading Source: Washington County/URS/BRW passengers in wheelchairs 'F;,r • P benches ^ss4' • trash cans • ticket machines r = shelters • r rh's i"• ~ r~~, ! t j in ILL, Station platform -Altamont Commuter Express (ACE) u INI ^i Stockton-San Jose, California • ,r at Station platform-Sounder Station platform-Trinity Railway Express (rRE) Tukwila, Washington Dallas/Ft. Worth, Texas Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 5 Station Element: Platforms Conceptual platform design Source: Washington County/URS/BRW Ramp High-block Tactile Pavers Station platforms must be designed with passenger safety foremost in mind. Safety features include: • tactile pavers to delineate the trackway edge LC aC`it ~ttd • well-marked and regulated 4. Ic t t tc pedestrian track crossings < < < t < t t t t t t, t <<~. IL IL t.t t t `c c~tti`t~xtc ' .t t C t c-t t C t l l C t t. C 1 t C L. c c c t c . c < c. c ' t c C c t tI t C c c c .C t. t c t~Ztrctc~c~icc~{i t ~ r.. r ~ ~r yr Platform tactile pavers being installed MAX Yellow Linc-Portland Blvd. Station Track Crossings _ r •F li ~ `•:ct . ~.,.r _ . ty-"-' ~~%yy//~f`~/,%i/'~ • / c : -4 `1?~,• ,r WOK f01H 'as+ L{, ;r ! 3" J Tnl -k .+y V5. Y{L"ij"Y4 ON a ~ew°~ i Grp r +ir,•~ ~7 • 1iff Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 6 Station Element: Shelters Passenger shelters should provide weather protection, a feeling of security and an identity for the station and surrounding area. Commuter rail shelters will include: e • a metal roof j' • steel support columns r4 u: _ • a stainless steel leaning rail Shelters are planned to be approximately 10 feet wide by 60 feet in length; the roof a€ i~ will be approximately 10 feet above the platform. Partially completed shelter { r N Portland Blvd Station of s€;;t`~' MAX Yellow Line (Interstate MAX) L New shelter under construction N Portland Blvd Station MAX Yellow Line (Interstate MAX) Conceptual platform design showing shelter/windscreen Source: Washington County/URS/BRW IBM Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 7 Station Elements Lights Commuter rail stations and park & ride lots will include both pedestrian level and higher level lighting. Pedestrian level lighting is provided via ,<r ~ 10-foot high precast concrete poles and translucent fixtures. Depending on the situation, higher level lighting will be provided by lights that are typical for either TriMet or the local jurisdiction. Minimum illumination standards must be met for pedestrian walkways, platforms and parking ~"-.~•."Z!~'a`::`` Pedestrian-scale lighting lots. Precast concrete pole Overhead cobra-style lighting Metal pole Signs Station signs provide clear and concise information to passengers. ~ i r ;y1 Signs will: • be easily visible • be consistent with existing TriMet graphics • conform to ADA and other applicable codes • minimize maintenance requirements v Customer information pylon Customer information sign Ticket Machines ' Ticket vending machines (TVMs) allow self-service W a = purchase and validation of single and multiple - ride tickets. Ticket machines on commuter rail platforms will be standard TriMet equipment. ' TriMet ticket vending machines 1 ai Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 8 Station Amenities Paving Various paving treatments can , r" enhance the station environment. Paving materials must meet basic z ,ats rf ~F E~~ safe[ requirements. t k >~f~f f ~S'f i~Y )'f-HYfe9~w~, Str~TTrv+r~4 isi These examples illustrate the paving r'>~rfk1{`~ x rah t t .J F t .j z,4 materials and designs that are P considered appropriate for the commuter rail stations. i Scored concrete, Rose QuarterTC Sand-based pavers KNOW x~ !I Sand-based pavers Railings Railings provide separation from non-pedestrian areas and fall Rxlu) wiling protection. Railings may be utilitarian in design or may be enhanced as part of the art program or other efforts. ~ w +~'y<`Tr tai--•.Te f •"r7 "~Y - ~ n i , 1 ~ I l ^~„J y JjL iarrJ,p r,rdlnq Platform railing Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 9 Station Amenities Benches Phones w{ at 4 I r' r`,= h - Trash Receptacles 1 416M F These station amenities are considered appropriate for all commuter rail stations. Bike Racks/Lockers r ~y i~ ` I r H YV~' + TriMet's new prototype bike locker Tree Grates lip ' • 71111 Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 10 PublkArt Art Program Objectives A great opportunity for making each station unique is through public art. TriMets public art program promotes transit use and community pride by integrating permanent art works into M 3,t the public transit system. The resulting art work celebrates the contributions of public transportation and reflects the 's l 1 cultural richness in the region. The TriMet public art program: I • utilizes local, regional and national artists to develop v high quality public art work that enhances the transit LI,I~ 4l. `~Il r I environment • commissions artwork that is structurally sound and ')d"'f resistant to theft, vandalism, weathering and excessive maintenance costs • commissions artwork that presents no public safety hazards nor creates any impediment to Americans with Disabilities Act (ADA) compliance Sand-blasted glass panels MAX Blue Line-Quatama/NW 205th Ave Station Community Involvement TriMet will form a new group including representatives from each station area and TriMet's Public Art Advisory Committee to select artists and review proposed art work. - Representatives of community-based organizations, neighbor- hood associations and other groups will be invited to share their knowledge about the community with the artists. The x, K artists' proposals for art work will reflect their understanding' of the history and unique character of the areas around the commuter rail stations. ! rM' Through frequent exchanges and the direct involvement of community members, the Commuter Rail art program will be ,,:~w-"'_~ s.•.. . better able to achieve its goals of enhancing the transit system Color integrated into concrete platform and the communities it serves. MAX Red Line-Portland Airport Station ~ t ~ g _ I,i I ~ ply 4,' .,mss ` Art installation: 'Coho Commute' Installation of railing with art elements Mohawk Park & Ride/Tualatin Prototype railing for N Killingsworth St Station MAX Yellow Line •Interstate/Rose Quarter Station MAX Yellow Line (Interstate MAX) Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 11 Station Enhancements Communities may consider adding amenities, Clocks/Toweers with local funding, that are beyond the basic design of the commuter rail stations in order to achieve local design objectives. The Project will strive to incorporate station enhancements wherever financially feasible. f Information Kiosks '.r t t Station clock Dallas Area Rapid Transit station Pape Bell Tower Oregon State University Special Paving 4 Sand-based pavers Brick and pre-castconcrete pavers Brick and precast concrete pavers 5 ,a Special Railings Pavers Art elements cast into concrete Flower Baskets/Planters ti. MAX Blue Line-Old Town/Chinatown Station MAX Blue Line-Old Town/Chinatown Station Exhibit A: Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 12 Commuter Rail Station Playas The station plans, when considered together with the preliminary engineering documents, form the common set of design elements that will be provided at each of the five commuter rail stations. These commuter rail station plans will likely be refined as more detailed engineering occurs on the project. However, design details will be consistent with the provisions of the Intergovernmental Agreement. Beaverton Transit Center ~W• ca•a.eva.auw.brar % : • N- Halt AM-W. y! r r~ 'i4, C-k Exhibit A- Design Scope & Objectives for Stations - Commuter Rail DRAFT Page 13 comy"Uteir Rai 0in plains a-rd I TOO 4 y Square ferry Rd'®~~as S,~~,®115 1- Sol-" GWIW t , r Lww RAFT Paye 3.4 muter Rail p n Scope & pbject~ v es for Stations Com Exhibit A~ Des'9 Utey Rai, plus 5tati Oll Tualatin PWWIO w `Y vFiiSgllviiie ® pbdW" ,a Ala afeproM gas Page 1S RAFT ommutex Rail D Objectives for Stations C & Design Scope Exhibit A: SON Attachment 2 WASHINGTON COUNTY OREGON October 7, 2002 Tigard City Council 13125 SW Hall Boulevard Tigard, Oregon 97223 RE: Commuter Rail Intergovernmental Agreement (IGA) Dear Council Members: The Wilsonville to Beaverton Commuter Rail Project is moving forward into the final design stage. Over the next year, the project will be fully designed and steps will be taken to secure the required approvals and funding agreements for construction of the Commuter Rail Project. We anticipate project construction activity could begin as early as next summer. Our target completion and opening date is September 2005. As the project progresses through the final design stage, local engineering and land use reviews will be required in each City the Commuter Rail project serves. These reviews will be associated with the Commuter Rail station areas and park-and-ride lots. In an effort to ensure that each City is treated equally in the design and implementation of the Commuter Rail project, an Intergovernmental Agreement (IGA) has been prepared to set forth the design parameters for the stations and park-and-ride lots. The IGA is intended to establish the standard facility design that the Commuter Rail project will construct in each City within the project budget. The IGA does allow modifications to the design to recognize local design guidelines such as the Central Tualatin Design Guidelines or the results of the Tigard Downtown Design effort that is currently underway. However, the IGA includes the requirement that a local jurisdiction pay any incremental cost attributable to physical modifications that is greater than the cost of the improvements in the design guidelines presented in Exhibit A of the IGA. Any design modification will be the result of discussions and coordination between a City and the Commuter Rail project team prior to submitting the project for local review. We appreciate your consideration of the attached Intergovernmental Agreement and Design Guidelines. Our objective is to have the Commuter Rail project treat each City equally in terms of improvements and to protect the project from unanticipated project costs. A representative from the Commuter Rail project team will be at your Council meeting when you consider the IGA and will be available for questions. Tha kg64 nk you, L- //_/A& - Kathy L htola Director C: TriMet Frank Angelo, Angelo Eaton and Assoc. Geoff Larkin, Larkin Group, Inc. Department of Land Use & Transportation a Administration 155 N First Avenue, Suite 350-16, Hillsboro, OR 97124-3072 phone: (503) 846-4530 • fax: (503) 846-4412 MEMORANDUM TO: Jerree Gaynor FROM: Cathy Wheatley t!,v~ RE: Resolution No. 02-61 and IGA - for Tigard Station-Area Design and Coordination for Commuter Rail DATE: October 30, 2002 Jerree, attached are two certified copies of Resolution 02-61 with the originally signed intergovernmental agreement attached to each certified copy. This resolution was approved by the City Council at its October 29, 2002, Council meeting. Signatures from County officials are needed on both original IGA's. One IGA should be returned to Tigard and filed with the Records Division. Thanks. Attachments I:\ADM\CATHY\MTG-DIST\IGA - WASH CO - COMMUTER RAIL.DOC AGENDA ITEM # FOR AGENDA OF October 29.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Greenburg Road Project Agreement PREPARED BY: A.P~Duenas•, DEPT HEAD OK CITY MGR OK j ISSUE BEFORE THE COUNCIL Shall City Council approve the project agreement with the Oregon Department of Transportation (ODOT) to provide the funding for the design and rights-of-way acquisition on the widening of Greenburg Road from Washington Square Drive to Tiedeman Avenue? STAFF RECOMMENDATION Staff recommends that Council approve the project agreement and authorize the City Manager to sign the agreement upon receipt from ODOT. INFORMATION SUMMARY The widening of Greenburg Road from Washington Square Drive to Tiedeman Avenue was approved for federal funding through the Metro Metropolitan Transportation Improvement Program (MTIP) process. The funding approval is for project design and land acquisition only. This project is included in the approved FY 2002-03 Capital Improvement Program. The federal funding is provided through the Priorities 2000 & 2002 MTIP funds in the amount of $660,000 with Tigard providing matching funds of $85,000. The bulk of the work will be to widen Greenburg Road between the Highway 217 overcrossing and Tiedeman Avenue to a 5-lane facility with bike lanes and sidewalks on both sides. Because the project includes some minor work along the overcrossing and on the segment north to Washington Square Drive, Washington County needs to be part of the project agreement for the project. The completed improvements would enhance movement into and out of the Washington Square Regional Center. The federal funding will be managed through ODOT and a project agreement has to be executed with ODOT to begin the project. ODOT has transmitted originals of the project agreement to Washington County for signature and will transmit the signed originals to the City after receipt from the County. Approval by City Council at this time would allow the City Manager to sign the agreements upon receipt from ODOT. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The widening of Greenburg Road meets the Tigard Beyond Tomorrow goals of Improve Traffic Flow and Improve Traffic Safety, Strategy Encourage through traffic on major collectors and arterials. ATTACHMENT LIST None. FISCAL NOTES The project is authorized in the FY 2002-03 Capital Improvement Program and is funded through MTIP funds in the amount of $660,000 with local matching funds of $85,000 taken from the Traffic Impact Fee Fund. IACitywide\Sum\Agenda Summary-Greenburg Road Project Agreement.doe fi Greenburg Road Improvements Greenburg Road Project Agreement:;, ' October 29, 2002 Widen Greenburg Road from 3 to 5 lanes r Project Details x Project Status ■ Scope: Widening of Greenburg Road (Washington Square Drive to Tiedeman ■ Project Agreement with Washington Avenue) to 5 lanes County for signature ■ Funded through the Metro MTIP Process , Consultant selection next step . Preliminary Engineering Considering Washington County to perform . Rights Acquisition the engineering and rights-of-way acquisition . Project agreement amount: $660,000 Project design to follow ■ Project Agreement with ODOT necessary to ■ begin the project 7.,5 , Recommendation ■ That City Council approve the project agreement ■ That City Council authorize the City Manager to sign the agreement upon receipt from ODOT 1 AGENDA ITEM # FOR AGENDA OF 10/29/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to Adopt Housing Set-Aside Guidelines PREPARED BY: Duane Roberts DEPT HEAD OK 4?71CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt guidelines for the award of affordable housing set-aside funds? STAFF RECOMMENDATION Adopt the guidelines (Attachment 1, Exhibit "A"). INFORMATION SUMMARY The new City Affordable Housing Program, adopted by Council on 9/24/02, included a range of land use and non-land use affordable housing promotion measures. One of the land use measures was a budget set-aside designed to offset fees and charges imposed on affordable housing development. At its 10/15/02 meeting, Council reached agreement on a set of ten guidelines that define the requirements and conditions for entities wishing to apply for the set-aside funds. Washington Council Housing Services and Community Partners for Affordable Housing, each of which own and mangage affordable housing within the City, have reviewed and expressed support for the guidelines proposed by Coimcil. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #3: Partnerships for advocacy for development of additional units and preservation of affordable housing are encouraged and supported by the City and the community. ATTACHMENT LIST Attachment # 1: Proposed resolution Exhibit A: Affordable Housing Set-Aside Guidelines FISCAL NOTES The adopted 02/03 budget includes a $10,000 affordable housing set-aside within the Events and Social Services Fund. O AGENDA ITEM # LS FOR AGENDA OF October 29, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION TO COMPLETE THE PURCHASE OF THE PROPERTY FOR THE NEW TIGARD LIBRARY AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND SIGN ALL DOCUMENTS NECESSARY TO COMPLETE THE PURCHASE. PREPARED BY: Craig Prosser/A. . Duenas DEPT HEAD OK && VA CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council authorize the City Manager to complete the purchase of the property adjacent to Hall Boulevard for the New Tigard Library and to sign documents and perform all other acts necessary to complete the purchase? STAFF RECOMMENDATION Authorize the City Manager to complete the purchase and to sign all documents and perform all other acts necessary for that purpose. INFORMATION SUMMARY The City obtained an option from Mr. Fred Fields to purchase 14.7 acres of land along SW Hall Boulevard. This property is to be the future home of the new Tigard Library authorized by voters in May 2002. The purchase price of this property is $2,100,000.00. The City has exercised its option to purchase and must now move ahead to execute all documents necessary to complete the purchase. The City is prepared to close on the property on Wednesday, October 30, 2002. The attached resolution authorizes the City Manager to complete the purchase of the property and to sign all documents and perform any other acts necessary as part of that process. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST Resolution to complete the purchase of property for the new Tigard Library and to authorize the City Manager to execute all documents necessary for that purpose. r • FISCAL NOTES The Tigard voters approved a $13 million dollar bond measure for the new Library project in the May 21, 2002 election. The purchase price of $2,100,000.00 for the property will be paid from the bond proceeds. I:\Citywide\SumWgenda Summary for Purchase of the Library property.doc