Oregon State Board of Higher Education - 9-1136 ORIGINAL
SERVICES AGREEMENT- 15060
This Agreement is entered into by and between City of Tigard, hereafter known as the
"CLIENT", and the State of Oregon acting by and through the Oregon State Board of Higher
Education on behalf of the University of Oregon, hereinafter referred to as "UNIVERSITY,".
1. STATEMENT OF SERVICE
Services ("Services") to be provided to the CLIENT by the UNIVERSITY are identified in
ATTACHMENT A of this Agreement. Responsibilities of CLIENT in connection with this
Agreement are identified in EXHIBIT A of this Agreement.
2. PERIOD OF AGREEMENT
This Agreement shall begin on January 1, 2009, and shall terminate on November 30, 2009.
Periodic adjustments to this Agreement may be made during its term when agreed upon in
writing by both the CLIENT and UNIVERSITY.
3. CONSIDERATION
The CLIENT agrees to pay the UNIVERSITY the fixed price sum of$46,000 for performance of
the Services as described in EXHIBIT A. Payments are due from CLIENT within 30 days of
receipt of invoices.
Payments are to be submitted to the UNIVERSITY administrative contact named in Article 11.
4. FUNDS AVAILABLE AND AUTHORIZED
The CLIENT certifies at the time of signing this Agreement that sufficient funds are available or
will be available and authorized for expenditure to cover all payments required under this
agreement within CLIENT'S current appropriation or limitation.
5. AMENDMENTS
This Agreement shall not be altered, modified, supplemented or amended, in any manner
whatsoever, except in writing and signed by both the CLIENT and the UNIVERSITY.
6. TERMINATION
A. TERMINATION WITHOUT CAUSE
This Agreement may be terminated by mutual consent of both parties, or by either party upon
30 days' notice, in writing, and delivered by certified mail or in person to the business contact
listed in Section 11 below. If the CLIENT terminates this Agreement pursuant to this paragraph,
it shall pay the UNIVERSITY for services rendered and Services performed up to the date of
termination.
B. TERMINATION WITH CAUSE
If the UNIVERSITY fails to perform any of its obligations under this Agreement within the time
and in the manner provided, or otherwise violates any of the terms of this Agreement, the
CLIENT may terminate this Agreement by giving UNIVERSITY written notice stating the reason
for the termination. If the CLIENT terminates pursuant to this paragraph 6.B., the UNIVERSITY
shall be entitled to receive full payment for all services rendered and Services performed up to
the date of termination.
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. I
7. OWNERSHIP OF THE WORK PRODUCT
All work produced by UNIVERSITY under this Agreement shall be the property of UNIVERSITY.
UNIVERSITY grants to CLIENT a royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, any such work Product.
All work produced by CLIENT under this Agreement shall be the property of CLIENT. CLIENT
grants to UNIVERSITY a royalty-free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, any such work Product.
For work product jointly produced under this Agreement, CLIENT and UNIVERSITY shall be
joint owners and both shall be entitled to reproduce, publish or otherwise use, and to authorize
others to use, such work product.
8. NONDISCRIMINATION
The UNIVERSITY agrees to comply with all applicable federal, state, and local laws, and
regulations on nondiscrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition, or disability.
9. INSURANCE
The UNIVERSITY, as an agency of the State of Oregon, is self-insured under the provisions of
ORS Chapter 278.
10, WAIVER
The failure of the CLIENT to enforce any provision of this Agreement shall not constitute a
waiver by the CLIENT of that or any other provision of this Agreement.
11. NOTICE AND REPRESENTATIVES
Communications concerning the work to be performed under this agreement shall be sent to:
CLIENT (Technical) UNIVERSITY (Technical)
Sean Farrelly Hans Neis
Associate Planner Director of Portland Programs
City of Tigard University of Oregon Portland
13125 SW Hall Blvd 70 NW Couch Street #459
Tigard, OR 97223 Portland, OR 97209
Phone: (503) 718-2420 Phone: (503) 412-3731
Invoices and communications in regards to this Agreement shall be sent to:
CLIENT (Business) UNIVERSITY (Business)
Sean Farrelly Beverly Morehouse
Associate Planner Senior Sponsored Projects Administrator
City of Tigard Office of Research Services and Admin
13125 SW Hall Blvd 5219 University of Oregon
Tigard, OR 97223 Eugene, OR 97403-5219
Phone: (503) 718-2420 Phone: (541) 346-2508
Amendments or other changes to this Agreement will not be effective unless signed by the
UNIVERSITY, CLIENT Contracting Officers.
415060, City of Tigard Page 2
12. ACCESS TO RECORDS
The City of Tigard, and the Federal Government if funding for the Agreement is from Federal
sources, and their duly authorized representatives shall have access to the books, documents,
papers, and records of the UNIVERSITY which are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcripts.
13. MERGER CLAUSE
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF OREGON. THIS
AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE 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 THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. EACH PARTY, BY
THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
14. INDEMNIFICATION
Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent
acts or omissions, or those of its officers, agents, or employees to the full extent required by
law, including the Oregon Tort Claims Act, ORS Sections 30.260 through 30.300, and Article XI,
Section 7, of the Oregon Constitution, both incorporated by reference which limits UNIVERSITY
liability.
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the
Effective Date.
CLIENT UNIVERSITY OF OREGON
Signature Signature
Craig l rosser Paula J. Ro erts, P..
City Manager Associate Vice President & Director,
City of Tigard Office of Research Services and
Administration
?1�
Date' Date
Tax ID No. 93-0503940 Tax ID No. 48-1278531
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Exhibit A
Tigard Hwy 99W Land Use and Urban Design Vision
Scope of Work
1. Introduction —The City of Tigard's Community Development Department wishes to engage
the services of the University of Oregon's Portland Urban Architecture Research Laboratory
(PUARL) to develop a land use/urban design vision for the portion of the Hwy 99W corridor
within its City limits. The City's objective is to adopt, by resolution, future design and
development principles for Hwy 99W to support its future development as a "transit
supportive, prosperous, high amenity, mixed use, urban corridor."
This project shall.-
A.
hall:A. Illustrate the potential of the Hwy 99W corridor to develop the requisite land uses at urban
intensities necessary to support regional investment in High Capacity Transit. It shall
provide a three-dimensional graphic representation of the design character of an
intensely developed, amenity-rich, mixed use, urban corridor that supports Metro's 2040
Concept Plan; and
B. Serve as a City communication tool for citizen engagement efforts; evaluation of specific
sites' development potential, and evaluation of future infrastructure and public facility
needs; and
C. Illustrate 1) how the corridor's aesthetic/livability disadvantages can be overcome to
develop a place where people want to live, work, shop, and recreate; 2) how it is
possible to incorporate "green" design elements into future corridor urban development
(tree planting and landscaping, pockets of open space; storm water management/
quality alternative energy, green buildings etc.)
2. Background and Objectives — Hwy 99W from downtown Portland through Tigard is
designated as a high capacity regional corridor on the Regional Transportation Plan Map
and the Metro 2040 Concept Plan. The subject area includes approximately four miles of
state Hwy 99W between the 1-5 interchange at the north end, and the Durham Rd/99W
intersection to the south. This portion of Hwy 99W has some of the highest traffic volumes of
any 5-lane arterial in the state. Traffic congestion on the highway is regularly identified by
Tigard residents as one of the City's main transportation problems.
Land uses along the highway are comprised of low-density, strip commercial development
with large areas of surface parking. There are significant areas of single-family, and some
multi-family, residential uses within a 0.25 mile to 0.5 mile distance on either side of the
highway.
There have been many traffic related studies and plans for the highway over the last 20
years. None of these efforts have specifically addressed land use, but have been oriented
toward improving traffic flow and capacity. Recently, in 2006 —2007 the City of Tigard, along
with the Oregon Department of Transportation, completed the "Tigard 99W Improvement
and Management Plan." The plan recognized that under current conditions it is not
#15060,City of Tigard Page 4
financially feasible or desirable to add additional lanes to Hwy 99W as a means to
accommodate future traffic demand. Essentially, lane related capacity improvements would
rapidly be used up by latent demand, and widening the highway would have unacceptable
community impacts.
The City, ODOT, and its citizen advisory committee, sought the most financially feasible and
community friendly alternative to address future transportation needs. It was decided that
traffic demand and community livability needs would be best balanced by a combination of
improvements including access management, intersection improvements, transit, pedestrian
and bicycle enhancements. The 99W Improvement & Management Plan recommends that,
except to improve intersection capacity and safety, and to provide room for better transit
stops, the highway should not be widened.
The 99W Improvement & Management Plan recommends that a major investment in public
transit is the most effective solution to traffic congestion problems on 99W. This includes, in
the short-term, much improved bus service and the development of High Capacity Transit in
the mid- to long-term time period. The concept of light rail on or within close proximity to
99W is supported by the City of Tigard and also has support elsewhere in the region.
Furthermore, the City is participating on a variety of transportation and transit related
committees to determine the high capacity transit needs of the region. It is noteworthy that
the Hwy 99W/Barbur Blvd corridor was identified as one of several light rail corridors in the
region's initial light rail transit plan developed in the late 1980's. With the completion of the
Milwaukie MAX Line, the Hwy 99W/Barbur Boulevard is the last corridor yet to be
developed. However, for the purposes of this study, a specific light rail alignment will not be
assumed or depicted (other than conceptual station areas.)
A portion of the Downtown Urban Renewal District is adjacent to Hwy 99W. It is important to
coordinate the Hwy 99W Design Vision with past Downtown planning work, including the
Downtown Urban Design Vision.
3. Project Organization: The work shall be performed as a class, studio, or special
research project with a final outcome being a cohesive product. Furthermore, the project
will be undertaken by a minimum of 3 or more qualified individuals who will consistently
devote a significant amount of their time to it over its duration.
Other project points are as follows:
• The University will designate a Project Manager and an alternate. The preference is
that the same Graduate Research Fellow work both the winter and spring terms.
• Meetings shall be regularly established and attended with the Project Manager or
alternate in attendance. Firm deadlines shall be established with the understanding
that flexibility can be provided with adequate notice.
• The preference is that the work in the spring term be organized as a studio,
workshop, or special research project.
• The University shall keep track of how funds are expended, and for what purpose.
• After the project is completed, the City shall have an option to hire the researchers
as private contractors to undertake any needed refinement of the project.
• The City and PUARL shall develop a schedule that definitively shows how the project
will be completed within an 8-10 month timeframe.
• PUARL, with the support of the City of Tigard, will create a final research report
according to University standards.
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The project shall be thoroughly researched using numerous examples of urban corridor
retrofits/ redevelopment from throughout the nation to graphically illustrate the following
on the Hwy 99W Corridor:
A. An overall analysis of the corridor and a succinct discussion of the design
challenges that must be overcome to create the type of environment desired by
the City. The document will include a written description and graphics of the
area's primary existing characteristics. Especially important is a site analysis
map showing area covered by buildings, roads, and parking lots;
B. Logical arrangement of future residential and commercial land uses at densities
and locations supportive of high capacity transit;
C. Massing of buildings on the corridor consistent with the designation of areas for
specific land uses;
D. A comfortable, safe, and attractive mixed use urban environment that fosters
pedestrian usage; and
E. Logical and effective multi-modal circulation enhancements that foster movement
within and along the corridor, and to and from surrounding/adjacent lands.
Key assumptions are:
1) By 2050 the corridor will be completely built out/redeveloped and very few of the
existing buildings will remain.
2) High quality High Capacity Transit will be provided within the next 10— 15 years.
3) Some surface parking will remain, but structured parking will be prevalent.
4) Daily travel will be primarily by transit but traffic congestion to some degree will
be an issue. Property boundaries will be reconfigured and assemblages of
property will occur as necessary to maximize development potential.
5) Some portions of the corridor will expand into transitional neighborhoods but, for
the most part, existing single-family neighborhoods will remain intact.
6) Highway width will not be expanded, except as necessary to provide some High
Capacity Transit right-of-way, and for station areas.
Process:
This project is envisioned as primarily a series of quick integrated, design studies
that occur over the distance of the corridor. Due to the project scope, the
researchers shall focus on quickly generating design recommendations. It is
important to emphasize that this project is a communication tool that will be utilized in
a number of subsequent communication and analysis processes. It's not intended to
be a specific design proposal.
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4. The following Tasks and Deliverables have been envisioned by the City of Tigard and
PUARL:
A. Study existing land use conditions and patterns. Identify nodes and major components of the
community's built character, including architecture of commercial development, the Highway
99W viaduct, and such natural features as topography.
Task A Deliverables: Overall site analysis, map(s) showing area covered by buildings,
roads, and parking lots), accompanying graphics, and documentation report. Include
research of examples of urban corridor retrofits/ redevelopment from throughout the nation.
B. Drawing on the existing conditions, and the assumption of High Capacity Transit, create a "3-
D" vision of the scale, form, and character of a recommended transit supportive urban form
for the Hwy 99W corridor.
Task B Deliverables: A graphic portrayal of Tigard's portion of Hwy 99W developed as a
mixed use, high amenity, corridor urbanized at densities that support High Capacity Transit.
Report shall include:
• Axonometric/perspective drawings, plan sections, elevations to illustrate concepts and
documentation report.
• Photographs and/or other graphic representation of building and site development
prototypes.
• Sketch up model and/or studies using digital photos of the constructed model.
• Text, tables, and charts shall be used to illustrate the nature of future land uses including
building types, number of housing units, square footage of retail, commercial,
professional, and other employment related land uses.
C. Circulation and access concepts
Task C Deliverables: Graphics illustrating the relationship of a proposed street system, to
include backage roads and improved connections to existing neighborhoods.
D. In collaboration with staff, identify three nodes/ potential HCT stations and create
visualizations of potential development.
Task D Deliverables: Sketches of building prototypes, landscaping, conceptual parking, and
streetscape and documentation report. Sketch-up and/or a study of the areas using digital
photos of the constructed models of three identified nodes along the Hwy 99W corridor.
Photographs of building and site development prototypes are also encouraged.
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r
5. Schedule:
The City will work with the PUARL to develop a timeframe and project management
schedule. The preliminary work plan below shows how tasks could be completed.
Winter Spring Summer
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
U of O tasks
Pre-design •
Existing Conditions
Site Analysis
Drawings ;
Studio/Workshop
Build Models ;
Open House for Studio
Project
Finalize Document
Presentations •
U of O Academic Terms
Winter 2009
1/5/09-3/22/09
Spring 2009
3/29/09-6/16/09
Summer 2009
6/21/09-8/15/09
Holidays
8/16/09 — 9/15/09
6. Role of City Staff
• Hold meetings as needed and according to schedule.
• Provide review as needed and according to schedule.
• Organize public meetings.
• Provide logistical support.
• Prints of final report and graphics including, posters, will be provided by the City of
Tigard.
#15060, City of Tigard Page 8
4
CITY OF TIGARD
CONTRACT SUMMARY FORM
(THIS MUSTACCOMPANYEACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BEACQUIRED)
Title of Contract: Highway 99W Land Use and Urban Design Vision Contract#: (Assigned after execution)
Project
Contractor: University of Oregon Total: $46,000
Brief Overview: IGA with the University of Oregon to develop a land use/urban design vision for the
Highway 99W corridor. Deliverables to include site analysis,visualizations of
future circulation,urban form, and potential development.
Changes Made To University of Oregon boilerplate
Boilerplate Contract:
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Type of Contract: ❑ Purchase Agreement ❑ Personal Service ❑ Construction ❑ Other
Start Date:January 1,2009 End Date: November 30,2009 LCRB Award Date:
Contract Manager: Sean Farrelly Extension: 2420 Department: Communi Develo ment
Quotes/Bids/Proposals: COMPANY AMOUNT / SCORE
N/A (intergovernmental agreement)
Department Comments:
De artment Si ature (J1i l Date:
Purchasing Comments: •S /M--
Purchasing Signapur-e. ODate: (-)7-, OZ/d-W7
Administration: l.Lt� L Date: 31161;v
Certificate of Insurance Received? ❑ Yes ❑ No Cc- ❑ Self-Insured (Form Received
Business Tax Current? ❑ Yes ❑ No Contractor License Current? ❑ Yes ❑ No 'h '�L-
Federal TIN/1099#: 48-1278531 Bonds Required: ❑ Yes ❑ No --yl
Accounting String: Fund Division Account Total
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