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City Council Packet - 09/10/2013
City of Tigard Tigard Business Meeting—Agenda TIGARD Agenda Revised 9/9/2013 to add Executive Session called under ORS 192.660 (2) (d) to discuss labor negotiations. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 10,2013 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 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. Citizen Communication 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. 2410 (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,ext. 2410 (voice) or 503-684-2772 (11..)D-Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. • City of Tigard ■ TIGARD Tigard Business Meeting—Agenda Agenda Revised 9/9/2013 to add Executive Session called under ORS 192.660 (2) (d) to discuss labor negotiations. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 10,2013 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations and real property transaction negotiations under ORS 192.660(2)(d) and (e).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are dosed to the public. •STUDY SESSION 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications &Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 7:35 PM-Estimated Time A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Receive Update from Washington County Sheriff Pat Garrett E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered 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: 7:55 PM- Estimated Time A. Approve City Council Minutes for: •April 30, 2013 - Set over from the September 3,2013 agenda. 'June 18, 2013 - Set over from the September 3,2013 agenda. •July 9,2013 Reschedule to September 24,2013. B. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics C. Authorize the City Manager to Execute an Intergovernmental Agreement to Construct a Sewer Line on the West Side of Tigard Including River Terrace D. Local Contract Review Board: 1. Approve the Purchase of a New E-Citation System from Advanced Public Safety, Inc. 2. Award a Contract for Mechanical/HVAC Preventative Maintenance and Inspection Services to Reitmeier Mechanical 3. Award a Contract for Sanitary Sewer and Storm Water Line Television Inspection Services to Pacific Int-R-Tek. •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!City Center Development Agency has voted on those items which do not need discussion. 4. ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR THE DERRY DELL CREEK CULVERT REPLACEMENT PROJECT 8:00 PM - Estimated Time •RECESS CITY COUNCIL MEETING •CONVENE LOCAL CONTRACT REVIEW BOARD MEETING 5. AWARD A CONTRACT FOR PLANNING,DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR UPCOMING WATER SYSTEM IMPROVEMENTS TO MURRAY, SMITH AND ASSOCIATES 8:10 PM - Estimated Time •ADJOURN LOCAL CONTRACT REVIEW BOARD MEETING •RECONVENE CITY COUNCIL MEETING 6. UPDATE ON TIGARD TRIANGLE LOCAL IMPROVEMENT DISTRICT #1 8:15 PM - Estimated Time 7. APPROVE GRECO ESTATES DEVELOPMENT AGREEMENT 8:30 PM - Estimated Time 8. COUNCIL LIAISON REPORTS 8:35 PM -Estimated Time 9. NON AGENDA ITEMS 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(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 11. ADJOURNMENT 8:50 PM- Estimated Time 1,11 '' City of Tigard Tigard City Council Meeting Agenda T I GARD September 10, 2013 • STUDY SESSION 6:30 pm Mayor Cook to call the meeting to order and read citation for Executive Sessions: The Tigard City Council will enter into Executive Session to discuss labor negotiations and real property transaction negotiations under ORS 192.660 (2) (d) and (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. ADMINISTRATIVE ITEMS: • Updates for tonight's business meeting: o There were requests for consent agenda items EXCEPT for approval of the minutes, receive and file items, and sewer line IGA (Items A,B, and C) to be removed for separate discussion. o Meals for September 12,2013 Goal Setting meeting—Let Carol know. o Agenda for September 12, 2013 Goal Setting meeting (attached) September 10, 2013 City Council Agenda Page 1 r ' City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL GOAL SETTING MEETING MEETING DATE AND September 12, 2013 - Noon - 5 p.m. TIME: MEETING LOCATION: Fanno Creek House, 13335 SW Hall Blvd., Tigard, Oregon 1. SPECIAL MEETING - September 12, 2013; start time is 12 p.m. A. Call to Order - Mayor Cook B. Roll Call 2. REVIEW COUNCIL AND STAFF ROLES AND RESPONSIBILITIES 3. GOAL SETTING DISCUSSION - MAJOR GOAL HEADINGS: Water [River Terrace Tigard Triangle Southwest Corridor Recreation !Economic Development Community Engagement Downtown Annexation Finance A. Identify significant milestones to be reached by December 31, 2014. B. Identify long-term vision for each goal heading and correlate to strategic planning process. 4. NON AGENDA ITEMS 5. ADJOURNMENT //°l? � Ci l 5'tr1 Cif 1 n-n -,64, Tigard High School Report ilex.. a p. Tuesday, September 10th • School year has started and we are in full swing here at THS! • Our Freshmen are oriented and our Leadership class is going well. We did our teacher lunch this year and we just had our first assembly! From everything ive heard, it was a slam dunk as an assembly. • Our Fall sports have started and we are 2-0 for the football season, and we are hoping to make it 3-0 this Friday against Glencoe! • Our next biggest event is the Homecoming Parade! We are playing Newberg for the football game and the theme for the dance is "A night in the Big City". Vie id-CV (.3 /, Le �'o,�mun icaha/T City Council Update Sep 2013 �/ Chamber Events A✓ �/id� Good Morning Tigard (GMT),A.M. Networking 7:30 a.m. 9/12/13— Hosted by Anytime Fitness at their Tigard Location off Durham 9/19/13— Hosted by Aflac—Morgan Roe at Tigard Chamber 9/26/13—TBA 10/3/13—Tigard Chamber Quick Connections,Multi chamber networking at Embassy Suites 7-9 a.m. Other Chamber Events 9/11/13—Multi-chamber Networking sponsored by Tualatin Chamber at Blakeslee's Vineyard 9/12/13—Webinar, 12-12:30 p.m. Successful Facebook Contests—Members only 9/18/13—Webinar, 10-10:30, Ask the Expert Sales& Marketing questions—Members Only 9/24/13—Tigard Young Professionals, Breakfast of Champions 8-9 a.m.—Symposium Huddle Room 9/24/13—Webinar, 3-3:30 p.m. Intro to Online Reputation Management 9/30/13—Meet Your City Council—SW Corridor Project Update—6-7 p.m.—At Broadway Rose, FREE, registration required 10/1/13—Tigard Young Professionals Evening Networking 6-8 p.m.—McCormick&Schmicks Bridgeport 10/8/13—Master the Chamber,Chamber Mentorship Program with Chamber Ambassadors 8-9 a.m.—Symposium 10/8/13—Tigard Chamber Gov't& Public Policy Committee Meeting 3:30-4:30 p.m. -Symposium For more information on all events visit our event calendar at http://business.tigardchamber.org/events/calendar/or go to www.tigardchamber.org and click on the calendar icon. Tigard Farmers Market Update Join us every Sunday from 9 a.m.—2 p.m. in the Public Works Parking Lot on Burnham and Hall. Completed doing a 1 to 1 match on tokens purchased with EBT(Electronic Food Stamps). Took us 8 weeks to match $2500 in EBT. Thank you New Seasons for the grant! Major sponsor Burgerville of Tigard has been highlighting some of their great local partners. Don't forget market ends the last Sunday in October. Downtown Updates Downtown Tigard's 3'd Friday in September is 9/20/13. Check local merchants closer to that date for specials and check the facebook page at www.facebook.com/exploredowntowntigard. Trick or Treat Main Street coming 10/31 Downtown Tigard held its 2"d Annual Street Fair,Saturday August 17th. Big thank you to all our Sponsors,Vendors, Supporters and community members that joined us. It was a great day! Next years'date is August 16th Interested in supporting the revitalization of Downtown Tigard?Then Join us 9/25/13 from 4:30-6:00 p.m. for a Downtown Dialogue—Get an update on the Tigard Downtown Alliance, learn how the Street Fair went, hear what Revitalization is from guest speaker, Lloyd Purdy, COT, Econ. Dev Mgr,and give us your thoughts on Downtown Revitalization. Meets at Tigard Chamber building, second floor meeting room. Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and visit the new website at www.exploredowntowntigard.com TIGARD AREA ERS DOVrTo W N tlgerdyoungprofessionals ET ac W�s��r�� Tigard/r..1%1 Explore TIGARD AREA III ` CHAMpER OF ~ COMMERCE 1144.1-6, W kat??Lks,ri nerl&Sr Danl. SUPPLEMpITAL PACKET 09/12/2013 FOR g !%/_ (DATE OF MEETING) v h f ,'f 1 1 t v. (O yi-i m t1 hi ezizei A5-e/Ida_ I4e PA_ s tt,RI F p. ('1 na•n inF;the F'cace 4,ua_r• WASHINGTON COUNTY Z , D SHERIFF'S OFFICE Tigard City Council Presentation Sheriff Pat Garrett September 10, 2013 ' 1 it3k1 1inn111111s. r ^ 4 _illgr 1 ,I X11 '--Nt, II h- ail WASHINGTON COUNTY •V SHERIFF'S OFFICE Agenda • Sheriff's Duties • Highlights — County Wide Public Safety • Jail Overview • Interagency Teams 1 09/12/2013 WASHINGTON COUNTY SIEIIFF'S MICE Sheriff's Duties Oregon Revised Statute: Conservator of the Peace for the . Execute the process and orders of the County court. Arrest and commit to prison all • Execute ALL warrants delivered to the persons who break the peace,attempt Sheriff for that purpose. to break it, and all persons guilty of • Provide security for state and justice courts public offenses. • Operate the county jail • Defend the county against those who, • Provide Search and Rescue ;.11 by riot or otherwise,endanger the , ,_ 3,� ... - - public peace or safety .' kt r, , 410 v ,,-: - .....- . 1.. ,- f,iii.... 4 %w litWASNINOT"COUNTY `v SHIM'S OFFICE Highlights Sheriff's Office: m-� • Law enforcement accredited since 2004 �1 • Jail complaint with Oregon Jail Standards(OJS)since °' •- / 2000 • Jail medical nationally accredited with National . , . . _ __° Commission on Corrections Healthcare since 2006 ,A` t , Washington County: [ k ► • Fastest growing and safest urban county in Oregon V .k1 - ,'� (FBI UCR) _ ';�� • Residents are about half as likely to be a victim of a violent or property crime as the average Oregonian ' (FBI UCR) —+ 1 .- — Direct result of all LE agencies hard work to keep you ' safe 09/12/2013 J't WASHINGTON COUNTY '1RRNIFF'R IMO Jail Mission and Staff ppepimmulogruip • Mission 1)Incarceration of sentenced offenders and certain pre-trial populations in keeping with the Court's general Order 221 2) Prepare offenders for transition [....0 188 employees 136 certified staff Shift minimums 24/7 17 certified deputies , 1 sergeant t 6 jail services techs - 2 nurses on duty Yi1 ? WASHINGTON CFNT �� SRERIFFi OFFI6E E Inmate Supervision • Our jail employs the direct supervision model — Ratio of 1 deputy to —60 inmates • It is safer for both staff and inmates — It does take a little getting used to... --,. - Deputy directly monitors inmates • Podular design is used for inmate housing areas (Pods) — Less inmate movement — Better supervision, easier to segregate • Use of an objective, behavioral factor-based Classification system ensures flexibility &safety 3 09/12/2013 t WASHINGTOM �' Court Security and i�E�IFF'i OFFICE Transports Court Security and Transports Unit (CSTU) Court Security • Staffed by jail deputies • 16 courtrooms ' 1> • 1 sergeant 1 • 15 certified deputies . . .3 • 2 civilian support . Transports • DOC, CCC, OSH • Medical transports • Extraditions I i ligh, SHERIFFS OFFICE Jail Forced Releases (FR) • 286 Forced Releases in 2013 due to overcrowding • Strategies to reduce FR: 4,600 —Early Case Resolution (ECR)since 2007 „-, •" N160 Jai"Ofu•R'"•"' —Needs based-sentencing for inmates ,-,_ —Reminder Calls by Volunteers to reduce ,.., Failure to Appear(FTA)in court R ,,,, —Inmate Worker Programs • „ • Work in Lieu of Jail(WILOJ) 11 ,... • Parks,school districts, baseball fields, •- Fairgrounds,cemeteries r - - —Electronic Home Detention (EHD) °' �« •,° A„ �, • Since 2005 • Benefits: allows inmate to maintain job, opens bed space,allows for tailored incarceration,flexibility 4 09/12/2013 WASHINGTON COUNTY . SHERIFF'S OFFICE Holding Until Arraignment J . • Reduces FTA-Warrant-Arrest Cycle 1 i,� II • Reduces Forced Releases — 1 Cite and Release? _ : ^ -% . `z ��A "No, bring them all to jail." ,-`4,f w '' 1 f "n 1� WASHINGTON COUNTY \V- SHERIFF'S OFFICE Interagency Teams 4 •Clandestine Lab Enforcement Team (CLET) • Crash Analysis Reconstruction Team (CART) • Hostage Negotiations Team (HNT) -• Interagency Gang Enforcement Team (IGET) ,; • Mental Health Response Team (MHRT) ". •Tactical Negotiations Team (TNT/SWAT) •Westside Interagency Narcotics Team (WIN) ri 1 `is;�. ..�.*' 42 riril 5 09/12/2013 Iiii,-- WASHINGTON COUNTY Crash Analysis P. SHERIFF'S OFFICE Reconstruction Team CART Participating Agencies • wcso • Forest Grove PD }�i • Beaverton PD k 1 - � '►' • Hillsboro PD - k • King City PD E fit ati • Tigard PD —. . •F 4 j , • Tualatin PD , ..- • - • ,.. _ . 1171, ..., . IiiLWASHINGTON COUNTY Tactical Negotiations Team SHERIFFS OFFICE 9 TNT Participating Agencies: • WCSO `' • Forest Grove PD 0 • Beaverton PD U - • Hillsboro PD ' • • Tigard PD i --- f • Tualatin PD { t' — _ \' f .A• i • Medical Volunteers p_ �'- - -� :. • Tactical Dispatchers �-`-{ ---, : . ; t,y+k 6 09/12/2013 WASHINGTON COUNTY Mental Health Response Team SHERIFF'S OFFICE P li& MHRT N.nW.Suicide AWnpt Suicide Tb,.., 800 • Team Members „� ,, • 1 WCSO Lieutenant —, 0� 1 WCSO Sergeant •� y' ` `' "° 8 WCSO Deputies - 4 m x 4 4 �.., ,.� �` �.�.� ` � ;� - to 6 Clinicians k i4- 2 • Washington County �I4�+ :1'......4; Mental Health ,�, ,�, 00 A„ ,,; • Lifeworks NW ""' _ • Available 7 days/week .. •(shifts are 11:30 anx-91 Vim.fend 1zQr7a111d»11:A?µm.) r' '! C • Available to partner agencies grASHINOTON COUNTY Westside Interagency SHERIFF'S OFFICE Narcotics Team •WCSO: -6 WCSO Investigators -1 WcSO Techs LE (PT) Arrli -2 WcSO LE -2 BPD Detectives -1 HPD Detective ' 1 SPD Investigator (PT) • HIDTA Task Force since 2003 1 DEA InvestlgelhDr . Mid to upper level DTO's -1 FBI Special Agent . Multi-State and International DTO's -1[Nat'l Guand Analyst' • Assistance to all agencies' Patrol forces • Administration of all Forfeiture cases •2011: 123 arrests& 119 search warrants 7 09/12/2013 Itik'''W wffNINOTON —WT.; Clandestine Lab Saari OFFICE Enforcement Team We Make House Calpl§ A i •.r I - V illIN,.. .2, vot.:, , . , 4 w 400 ir I ;.1 ' if tilli �• To report a suspected meth house call the 10- Washington County Sheriff's Office at 503.8462100. IL w�sNlNaroN couriry Interagency Gang SIEIIFF'i OFFICE Enforcement Team 3 WCSO Deputies ,._-_•• 1 BPD Officer ' 'f 2 HPD Officer • Available to assist partner agencies s'^ • As of June 2013 + , =, e; -1,519 active gang members WO 7 ? ' - 93 gang sets • 2012: 726 gang member bookings :°'`o • Available for presentations eon, C C) 09/12/2013 lthakWASHINUTON COUNTY SHERIFF'S OFFICE Goals in 2013 1. Support Interagency Teams and Partners 2. Strengthen Mental Health Response Team 3. Aggressive in drunk driving enforcement efforts 4. Sustain strong organization and be good partners in public safety. 9 AGENDA ITEM NO. 2-E CITIZEN COMMUNICATION DATE: September 10, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) 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. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds,if it will help the presiding officer pronounce: cfve" 1 �t/ Address Sg City 1 )(0 State Zip - Phone No. - Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip - Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION A-gen M AIS-1437 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Cathy Wheatley,Administrative Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. (Dates of meetings are listed under "Attachments" below.) OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments April 30,2013 Town Hall Meeting Notes June 28,2013 Workshop Meeting Minutes Agenda_ 3 13 AIS-1438 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Cathy Wheatley,Administrative Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future Council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action requested;this is a receive and file summary for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Long-Term Council Goals:Continue pursuing opportunities to reduce traffic congestion. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A -Receive and File Items Attachments Council Meeting Calendar Tentative Agenda for Upcoming Council Meetings Agenda Item No. 3 6 IM For Agenda of September 10.2013 MEMORANDUM Ii ( , \ K n TO: Honorable Mayor&City Council/City Center Development Agency Board FROM: Cathy Wheatley,City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: September 3,2013 September 12 Thursday Council Goal-Setting Meeting–Noon-5 p.m.,Fanno Creek House 17* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting–6:30 p.m.,Town Hall October 1 Tuesday City Center Development Agency 8* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 22* Tuesday Council Business Meeting–6:30 p.m.,Town Hall November 5 Tuesday City Center Development Agency 11 Monday Veteran's Day Observed–City Hall Offices Closed 13* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 20* Tuesday ' Council Workshop Meeting-6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 28-29 Thurs/Fri Thanksgiving Holiday–City Hall Offices Closed Regularly scheduled Council meetings are marked with an asterisk(*). I:\adm\city council\council calendar\3-month calendar for c mtg 130709.doc • ._A J c e.n d n i i 2 Meeting Banner Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized - _ II 1417 09/12/2013 Cathy AAA Council Goal Setting - Noon to 5 p.m. - Fanno Creek I Wheatley House I -- - - _ II 1316 09/17/2013 'Carol Krager AAA September 17, 2013 City Council Workshop Meeting I ---- -_ . .—.— ___ _--__ —___. - II 1294 09/17/2013 Judith Gray CCWKSHOP 45 Minutes - Joint meeting with Tigard Community Gray J, Sr Transportation Advisory Committee Development Transportation Planner 1407 09/17/2013 Joanne CCWKSHOP 2 Hours - Strategic Planning with Alyssa Gasca, City Management Bengtson 3, Exec Asst Bengtson Consultant to City Mgr Total Time: 165 of 180 minutes have been scheduled I II 1317 09/24/2013 Carol Krager AAA September 24, 2013 City Council Business Meeting - I - Marty absent I - _ II 1397 09/24/2013 Loreen Mills ACCSTUDY 25 Minutes - Executive Session - exempt public City Management 07/15/2013 I records under ORS 192.660(2)(f) 1409 09/24/2013 Greer Gaston CCSTUDY 20 Minutes - Review Draft Sustainability Plan Public Works Gaston G, Conf . _ Executive Asst I es have been scheduled I II 11 Page is\adm\carol\tentatv ag\2013\sept 3 2013.docx Meeting Banner 0 Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated 1418 09/24/2013 John Floyd ACONSENT Consent Item - Council Authorization of CDBG Grant Community Grass M, Assoc I Application in Excess of $100,000 Development Planner I - __ --------- ----- — --- - II 1378 09/24/2013 Judith CCBSNS 45 Minutes - Discussion of proposed actions on the Community Gray J, Sr Gray Southwest Corridor Plan Development Transportation Planner 1392 09/24/2013 Cathy CCBSNS 15 Minutes - Discussion with Hillsboro Mayor Jerry Willey Administrative MartyW, City I Wheatley Regarding the Westside Transportation Study Services Manager 1401 09/24/2013 Carissa CCBSNS 15 Minutes - FY 2014 First Quarter Supplemental Budget FIS Collins C, Sr Mgmt I Collins Amendment Analyst (Fin Adm) _Total Time: 75 of 100 minutes have been scheduled I II 1319 10/01/2013 Carol AAA October 1, 2013 City Center Development Agency I Krager Meeting - No items scheduled I II 1320 10/08/2013 Carol AAA October 8, 2013 City Council Business Meeting I Krager No Study Session or Consent Agenda items scheduled. -_ II 1274 10/08/2013 Kristie CCBSNS 20 Minutes - Consider a Resolution to Adopt the Westside Public Works Martin S, Parks I Peerman Trail Master Plan Manager 1348 10/08/2013 Greer CCBSNS 60 Minutes - Conduct a Quasi-Judicial Public Hearing and Public Works Stone Mike, City Gaston Consider a Resolution Abandoning Local Improvement Engineer District (LID) No. 1 C Wheatley 20 Minutes - Update Discussion with Metro Councilor Amin Svcs C Wheatley I Craig Dirksen - SW Corridor Project 2 I Pagc is\adm\carol\tentaty ag\2013\sept 3 2013.docx Meeting Banner Business Meeting ❑ Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated 1321 10/15/2013 Carol AAA October 15, 2013 City Council Workshop Meeting Krager I 1I 1251 10/15/2013 Marissa CCWKSHOP 30 Minutes - Urban Forestry Code Revisions - 6 Month Community Grass M, Assoc Grass Update Development Planner 1398 10/15/2013 Steve CCWKSHOP 50 Minutes - Joint Meeting with the Park and Recreation Public Works Martin S, Parks Martin Advisory Board Manager 1399 10/15/2013 Steve CCWKSHOP 20 Minutes - Update to Council on Field Use Negotiations Public Works Martin 5, Parks I Martin with Tigard Little League and Southside Soccer Manager 1403 10/15/2013 Carissa CCWKSHOP 45 Minutes - First Quarter Budget Committee Meeting Financial and MartyW, City Collins Information Manager Services _ Total Time: 145 of 180 minutes have been scheduled 1322 10/22/2013 Carol AAA October 22, 2013 City Council Business Meeting Krager No Study Session or Consent Agenda items scheduled. 1422 10/22/2013 Greer CCBSNS 30 Minutes - Briefing on a Preliminary Design of Walnut Public Works McCarthy M, St/Trans Gaston Street between 116th and Tiedeman Avenues and the Sr Proj Eng Walnut Street/135th Avenue Intersection Total Time: 30 of 100 minutes have been scheduled - --II 1333 10/29/2013 Carol 1AAA October 29, 2013 Town Hall, Time and Location TBA Krager I II 3 I I' agc i:\adm\carol\tentatv ag\2013\sept 3 2013.docx Meeting Banner Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated 4 1 Page i:\adm\carol\tentatv ag\2013\sept 3 2013.docx Meeting Banner Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting © CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated 11/05/2013 Carol AAA November 5, 2013 City Center Development I Krager Agency I II 1325 11/12/2013 Carol AAA November 12, 2013 City Council Business Meeting Krager No Consent Agenda or Business Meeting items scheduled. I JI 1383 11/12/2013 Greer ACCSTUDY 10 Minutes - Briefing on a New Willamette River Public Works Goodrich J, Utility Div I Gaston Water Coalition Agreement Manager Total Time: 10 of 45 minutes have been scheduled I ------ II 1326 11/19/2013 Carol AAA November 19, 2013 City Council Workshop I Krager Meeting I II 1238 11/19/2013 Greer CCWKSHOP 15 Minutes - Briefing on Capital Improvement Public Works Stone Mike, City I Gaston Plan Projects Engineer 1286 11/19/2013 Toby CCWKSHOP 2 Hours - Prioritization of FY 2015-2019 Capital Financial and LaFrance T, Fin/Info I LaFrance Improvement Plan Information Services Svcs Director Total Time: 135 of 180 minutes have been scheduled I II 5 I Page is\adm\carol\tentatv ag\2013\sept 3 2013.docx Meeting Banner Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting CCDA Meeting City Council Tentative Agenda 9/3/2013 12:23 PM - Updated 1327 11/26/2013 Carol I IAA III November 26, 2013 City Council Business Meeting I Krager No Study Session or Business items scheduled. I -- II 1384 11/26/2013 Greer CONSENT Consent Item - Authorize the City Manager to Execute a New Public Goodrich J, Utility Div Gaston II Willamette River Water Coalition Agreement Works Manager I II 1328 12/03/2013 Carol AAA December 3, 2013 City Center Development Agency Meeting I Krager , I II 1330 12/10/2013 Carol AAA December 10, 2013 City Council Business Meeting I Krager f I 1331 12/17/2013 Carol AAA December 17, 2013 City Council Business Meeting I Krager _ _... II 1239 12/17/2013 Greer CCWKSHOP 15 Minutes - Briefing on Capital Improvement Plan Projects Public 03/13/2013 I Gaston Works _Total Time: 15 of 180 minutes have been scheduled Note: Cancelling the 12/24 Business meeting 61 Page is\adm\carol\tentatv ag\2013\sept 3 2013.docx „Agendo 3C AIS-1360 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Authorize the City Manager to Execute an Intergovernmental Agreement to Construct a Sewer Line on the West Side of Tigard Including River Terrace Prepared For: Rob Murchison Submitted By: Kristic Peerman, Public Works \�otks Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council authorize the city manager to execute an intergovernmental agreement (IGA) with Clean Water Services (CWS) and the City of Beaverton to construct Phase 1 of a new sanitary sewer line providing additional capacity on the west side of Tigard including the River Terrace and South Cooper Mountain Planning Areas? STAFF RECOMMENDATION / ACTION REQUEST Authorize the city manager to execute the IGA. KEY FACTS AND INFORMATION SUMMARY The council was briefed on this IGA at its August 20, 2013,workshop meeting. Washington County has awarded a contract to reconstruct and widen the section of Scholls Ferry Road from Roy Rogers Road to the Walnut Street/Murray Road intersection. Since Washington County's roadway widening project encompasses the planned location of a new sanitary sewer line, C\X/S, the City of Beaverton and the City of Tigard have an opportunity to install a new sewer line with the roadway project. This could potentially save the city a sizable amount of money when the line is upgraded in the future. This sewer project will eventually become part of the system that will provide additional sanitary sewer capacity on the west side of Tigard including the River Terrace and South Cooper Mountain Planning Areas. Once the proposed design,location and costing for Phase 2 (the remaining portion of the work) has been completed, staff will return to council with the information and funding request. The attached IGA—between C\X/S,Beaverton and Tigard—outlines each parry's responsibilities for Phase 1 of the project as follows: •CWS will pay the county to construct the sewer line. (CWS has a separate agreement with Washington County to construct the project.) •The City of Beaverton will design the project and manage construction. •The Cities of Beaverton and Tigard will reimburse C\VS for their portion of the construction and design costs. OTHER ALTERNATIVES The council could choose to: •Not enter into the IGA and could construct the sewer line at a later date. •Direct staff to pursue some other course of action. •Direct staff to re-negotiate the IGA to pursue a different allocation of project responsibilities and/or funding. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Not applicable DATES OF PREVIOUS CONSIDERATION The council was briefed on this IGA at its August 20, 2013,workshop meeting. Fiscal Impact Cost: $420,000 Budgeted (yes or no): • Yes Where Budgeted (department/program): 500 - Sanitary Sewer Fund Additional Fiscal Notes: The estimated cost of sewer line construction and outside administrative services—as outlined in the IGA—is $358,000. In addition, up to $62,000 will be needed to cover city staffing costs (project manager, inspector, etc.). The fiscal year 2013-2014 budget includes the Dartmouth Street sewer repair project,which is complete and has $420,000 of unspent appropriations. The remaining appropriations from Dartmouth Street will be used for the IGA to provide sewer service to River Terrace. By moving the appropriations from the Dartmouth Street project to the River Terrace project,no additional resources will be necessary to fund the IGA. r . Attachments I GA Project v1ap INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAVERTON, CITY OF TIGARD, AND CLEAN WATER SERVICES TO CONSTRUCT PHASE 1 OF THE SCHOLLS FERRY TRUNK SEWER EXTENSION This Agreement, dated , 2013, is between CLEAN WATER SERVICES (District), a county service district organized under ORS Chapter 451, the CITY OF BEAVERTON (Beaverton), an Oregon Municipality, and the CITY OF TIGARD (Tigard), an Oregon Municipality. A. RECITALS ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. District, Tigard, and Beaverton intend to undertake the Scholls Ferry Trunk Sewer Extension Project(Project) to extend gravity sewer from Barrows Road westward along Scholls Ferry Road to the intersection of Roy Rogers Road. This Project has been endorsed by the Capital Improvement Program Prioritization Committee. The Project will be constructed in three phases. This Intergovernmental Agreement covers Phase 1 only. Subsequent phases will be documented under separate Intergovernmental Agreements. NOW, THEREFORE, the parties agree as follows: B. PROJECT DESCRIPTION The Phase 1 sanitary sewer improvement consists of constructing approximately 1,792 linear feet of 21-inch diameter sanitary sewer, 565 linear feet of small diameter sanitary sewer (8-inch to 12-inch), 17 manholes and appurtenances on Scholls Feny Road from Roy Rogers Road to a point 610 feet west of the west curbline of the Barrows Road Roundabout (Phase 1). Beaverton will design Phase 1. Phase 1 will be constructed by a contractor selected by Washington County LUT (County) to widen Scholls Ferry Road. The County will administer the construction of Phase 1 as part of its Scholls Ferry widening Project from SW Roy Rogers Road to SW Teal Boulevard (Road Project). See Exhibit A attached hereto for the Phase 1 location. C. DEFINITIONS 1. Capital Improvement Program Prioritization Committee—This Committee has been established by District and the Member Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin, and Sherwood. 2. Beaverton Phase 1 Planning and Design Cost— Beaverton labor and benefit costs and consultant costs paid by Beaverton associated with services outlined in Section E.1-6. 3. Phase 1 21-inch Sewer Cost— 100% of the construction and non-construction costs for the 21-inch sewer main, appurtenances, and manholes on the 21-inch mainline for Phase Page 1 — intergovernmental Agreement 1 paid by District to County pursuant to the Intergovernmental Agreement between District and County dated , 2013 (County IGA) and covers County's cost for construction and non-construction services such as survey, Phase 1 construction management and administrative costs. 4. Beaverton Phase 1 Sewer Cost—construction and non-construction costs for any 6-inch to 1 2-inch sewer mains, laterals, appurtenances, and manholes extending northward from the 21-inch sewer main and all manhole adjustments for Phase I paid by District to County pursuant to the County IGA. 5. Tigard Phase 1 Sewer Cost- construction and non-construction costs for any 6-inch to 12-inch sewer mains, laterals, appurtenances, and manholes extending southward from the 21-inch sewer main paid by District to County pursuant to the County IGA in Phase 1. D. DISTRICT OBLIGATIONS District shall: 1. Provide direction to Beaverton regarding the size of the sewer trunkline and the location of the west terminus for future connection. 2. Review the plans and specifications provided by Beaverton for Phase 1 and provide comments to Beaverton within ten working days of receiving them. 3. Enter into a separate Intergovernmental Agreement with County to administer construction of the Phase 1 improvements. 4. Pay County for construction and non-construction costs as required in the County IGA. 5. Have the right to approve or reject a Beaverton employee selected to serve as District's Project Manager for Phase 1. 6. Have the right to review, approve or reject any proposed design change or Extra Work as defined in the County IGA, or other change to Phase I. 7. Have the right to provide a list of items to be completed prior to final acceptance of Phase 1. 8. Invoice Beaverton for 16.3% of the Phase 1 21-inch Sewer Cost and 100% of the Beaverton Phase 1 Sewer Cost less 67.4% of the Beaverton Phase 1 Planning and Design Cost upon completion of Phase 1. 9. Invoice Tigard for 16.3% of the Phase 1 21-inch Sewer Cost and 100% of the Tigard Sewer Cost for Phase I upon completion of Phase 1. 10. Provide written evidence to Beaverton and Tigard that funds are allocated for the District's share of Phase 1 before construction begins. Page 2— Intergovernmental Agreement E. BEAVERTON OBLIGATIONS Beaverton shall: 1. Select, contract with and pay consultants to perform a geotechnical investigation, utility locates and enviromnental assessment for use in designing and obtaining permits for Phase 1. The design plans shall use the County Roadway Survey and design plans as the base document. 2. Provide all planning, design, specifications, permits and inspection for Phase 1. 3. Provide timely reviews and comments on County design documents and timely response to other Phase 1 information requests. 4. Provide Tigard and District at least ten days to review plans and specifications for Phase 1 at 70% and 90% completion, and incorporate review comments into the plans. 5. Provide technical consultation to County during construction as needed. 6. Appoint a Beaverton employee acceptable to District to serve as the District's project manager for Phase l and coordinate with County during construction. 7. Obtain District's consent before taking any of the following actions for Phase 1: a) authorizing any design changes, b) approving any change orders, c) authorizing use of contingency line items, or d) resolving any disagreement, dispute, delay or claim. 8. Provide District and Tigard documents that establish the Beaverton Phase 1 Planning and Design Cost. 9. Provide timely responses to bidders' questions about Phase 1. If necessary, provide District and County with an addendum no later than five business days prior to the bid opening for Phase 1. 10. Provide construction inspection of Phase 1 bid items including review and approval of shop drawings, submittals, and onsite inspection to determine compliance with the contract documents. Coordinate onsite inspections of Phase 1 bid items through County's lead inspector. Beaverton's inspector shall be onsite and responsible for enforcing all applicable specifications during all Phase 1 work, including but not limited to night work, accommodations for public traffic and work zone traffic control in coordination with the County's lead inspector. Beaverton shall provide Phase 1 daily reports, erosion reports, field directives, pay notes and quantities to County in a timely manner in County-provided format and coordinate with the County's lead inspector. 11. Provide District written notice that Phase 1 is complete and obtain District's approval for final acceptance of Phase 1 prior to making recommendations to County regarding releasing bonds, or issuing final payment to the contractor. 12. Provide District as-built construction drawings for Phase 1 within 60 days after the Road Project is deemed complete and acceptable to District. The as-built drawings shall be provided in camera-ready hardcopy, 11 x 17 inches with a CD in both pdf and AutoCAD digital format. 13. Coordinate and participate with District on any disagreements, disputes, delays or claims related to or as a result of Phase 1. Page 3 — Intergovernmental Agreement 14. Pay District 16.3% of the Phase 1 21-inch Sewer Cost and 100% of the Beaverton Phase 1 Sewer Cost less 67.4% of the Beaverton Phase 1 Planning and Design Cost, not to exceed $325,000 for Beaverton's portion of Phase 1 as defined in this Agreement, within 30 days of approving the invoice. The invoice shall include full progress payment amounts, including typical construction retainage. 15. Invoice Tigard for 16.3% of the Beaverton Phase 1 Planning and Design Cost upon completion of Phase 1 of the Project. 16. Provide written evidence to District and Tigard that funds are allocated for Beaverton's share of Phase 1 before construction begins. 17. Inform the Phase 1 construction contractor in writing of District's right to withhold final acceptance. F. TIGARD OBLIGATIONS Tigard shall: 1. Review the plans and specifications provided by Beaverton for Phase 1 and provide comments to Beaverton within ten working days of receiving them. 2. Pay District, 16.3% of the Phase 1 21-inch Sewer Cost and 100% of the Tigard Sewer Cost for Phase 1 as defined in this Agreement, not to exceed $325,000, within 30 days of approving the invoice. The invoice shall include full progress payment amounts, including typical construction retainage. 3. Pay Beaverton, 16.3% of the Beaverton Phase 1 Planning and Design Cost, not to exceed $32,600 for Tigard's portion of Phase 1 as defined in this Agreement, within 30 days of approving the invoice. 4. Provide written evidence to District and Beaverton that funds are allocated for Tigard's share of Phase 1 before construction begins. G. GENERAL TERMS 1. Laws and Regulations. Beaverton, Tigard and District agree to abide by all applicable laws and regulations including their own purchasing rules. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until Phase 1 of the Project is complete and the parties' obligations have been fully performed or this A greement is terminated as provided herein. 3. Amendment of Agreement. Beaverton, Tigard and District may amend this Agreement from time to time, by mutual written agreement. A. Proposed changes of scope during the Project implementation must be reviewed and endorsed by the Capital Improvement Program Prioritization Committee. • Changes necessitated by conditions discovered during design or construction, but Page 4— Intergovernmental Agreement consistent with the original scope of Phase I of the Project, must be approved by District. B. During the duration of the Washington County construction contract, all parties to this Agreement will act reasonably and cooperatively to make decisions in a timely fashion to avoid contract change orders/delay claims and added County Administrative charges. 4. Termination. This Agreement may be terminated immediately by mutual written agreement of the parties, or by any of the parties notifying the others in writing prior to award of a construction contract, with the termination being effective in 30 days. 5. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the others and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents,contractors or representatives. 7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the Beaverton Mayor, Tigard City Manager and District's General Manager will attempt to resolve the issue. If the Beaverton and Tigard Mayors and District's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 8. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement. Page 5 — Intergovernmental Agreement 9. Severability/Survival. if any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 10. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1)District's General Manager or the General Manager's designee and when required by applicable District rules, District's Board of Directors 2) Beaverton, and 3)Tigard. Proposed changes of scope must also be approved by the Capital Improvement Program Prioritization Committee. 11. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. CLEAN WATER SERVICES CITY OF BEAVERTON, OREGON By: By: General Manager or Designee Mayor or Designee Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Counsel CITY OF TIGARD By: City Manager or Designee APPROVED AS TO FORM City Counsel Page 6— Intergovernmental Agreement Exhibit A Project Location Map EXHIBIT A SW SCHOLLS FERRY RD SANITARY SEWER. EXTENSION PHASE 1 N pvE l� Sw,a5 S SW ROY ROGERS RD 6 PHASE 1 • \ic4_ T m PHASE 2 Z • Page 7— Exhibit A — Project Location Map Intergovernmental Agreement • . - •-,- q — ,..,_.....A...-:--:i.--....7...:,;Do...7s _,•0 t :• . F •N mss . - 4 ,.x ::::...!'"a:11:-::111 ..415::" gi Zoi. ' .1r: • ki /1 4`.. Y,_ .p �r a .J N. _�• .. * (��(i#• 1 . "is 4 i i liparl �� �. , f• 7:•111',• •.ms , - `Y _L ]t . `• . r s ..... ..s ' , V31,. a-.5 -• 4 f..• T„"' ` w , 4 ; ` -:--. ` . .., , - , _ 46 . _ .c 4r c. }+ F r ":' ' . �� 'eL t : , }y , ► f , A• ?"S q w s i_� y 1 • PHASE 1 WATER J * -,.. *•,, L. ' - x ` -�. � ,,a de.it *I r* -" PHASE 2 �/ �' . .• Y 'c�a�` �,�' - ••,- ' ATER ''�� r a ;s� ?''. ,, d "``7` _ �.!>r 1t.r-._ L_ . `_nisi■ ,.r- 0''..., BARROWS RD - Ilk:: .„. p1,.� ~ - ;- r, rLL a `J 1 - r S Il fig,, E�vow• „lAppi • • • . p,, 411 Illit'ar. poi t.,.•••.•• 4 .A cc -• 1/1F-'tItt. r� _ Ar3t4Z4'-_/t.T, : •.,ffi ,....„___f!!!!!"1111 l I • • 1/116;• ir- Pt • el I--.' Vi : . • ::11 . . .. 1 i-i . . CC ---,�{ :'� I •,�. . ...et..... •• t Y '4 LUKE �s itp..c„ �•.) ;� _.41 !P' PHASE 1 sE d' .�► v fir fe'' • . • l ' a ♦. �� IfFiffiAr s � • . 4.v..' is 1'• Mif kr Y -•i• ;Y ., ".,ft ilr 1*-710111.elik. ... -,„Prt w �' • i . V._,,, , . r` t, Y rs �.-,y . r 1• . H•`t � � {b.�_ _ y ,� -,'' . .1, a a I t +'"A 6 4 , . . , , . x.....-.......:_ • , . 4: P.1 " ." *" . . 1"i' . : . . '4 t . , . . 4F/?04, 4,,..., • it _ -.. . . . 4-404 fr * ' f e? 6Z4 - ALL- . 4.-* frt.f . • ENGINEERING DIVISION PUBLIC WORKS DEPARTMENT WATER AND SEWER FIGURE PRELIMINARY 13125 S.W. HALL 6:w• LINE EXTENSIONS FIG- 1 0 TIGARD, OREGON 97223 VOICE 503-639-4171 FAX: 503-624-0752 RIVER TERRACE FILE NO TIGARD WIVW.T/GARD-OR.GOV 93035 Agcna 3.0l AI S-1420 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Approve the Purchase of a New E-Citation System Prepared For: Joseph Barrett Submitted By: Joseph Barrett, Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board approve the purchase of a new e-citation system from Advanced Public Safety, Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board approve the purchase of a new e-citation system from Advanced Public Safety, Inc. in the amount of$138,260. KEY FACTS AND INFORMATION SUMMARY The Police Department received a grant from the Oregon Department of Transportation for the acquisition of a new e-citation system that would be used by the motor officers as well as by officers in a patrol vehicle. The grant is a reimbursable grant for up to $131,943 and a city match of$12,000. The FY 2013-14 Adopted Budget includes appropriations for this project including the grant revenue. Due to federal and state requirements, the commitment to purchase the items under the project was required to be made not later than September 1, 2013. Due to the time required for the testing of equipment and final decision as to what computer handhelds to be purchased, a decision was only recently made. As such, staff issuance of a purchase order was required prior to this item being presented to the Local Contract Review Board. Staff issued a purchase order for the total project of$138,260 the week of August 19th so that the grant conditions were met but a clause was included that made the purchase order contingent upon the Local Contract Review Board's approval at this meeting. OTHER ALTERNATIVES The Local Contract Review Board could reject the purchase. Doing so would result in loss of the grant and the opportunity to purchase a new e-citation system using primarily grant funding. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The City Council was presented the information on the ODOT grant during the budget process. p g g g process. Fiscal Impact Cost: $138,261 Budgeted (yes or no): Yes • Where budgeted?: General Fund Additional Fiscal Notes: This is a reimbursable grant for up to $131,943 and a city match of$12,000. The grant revenue and the expense were discussed during the adoption of the budget and arc both are in the adopted FY 2013-2014 General Fund budget. Attachments No ii/e('s)attached. Al Gen rlia_ 43Da. AIS-1421 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Contract Award - Mechanical/HVAC Preventative Maintenance and Inspection Services Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for mechanical/HVAC preventative maintenance and inspection services to Reitmeier Mechanical? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for the city's mechanical/HVAC preventative maintenance and inspection service needs to Reitmeier in the amount of$137,500 over the life of the contract and authorize the city manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The city requires the mechanical/HVAC preventative maintenance and inspection services at various City facilities. The contractor will be providing labor,material, and equipment to perform preventative maintenance and inspection of HVAC heating/air conditioning systems at various City Facilities. This service will include written reports, monitoring and preventative maintenance services. The city issued a Request for Proposal for the work at the end of May of this year. Upon closing, the city received a single proposal, from Reitmeier Mechanical. Reitmeier has performed the work for the city over the past few years. A review and selection team was assembled and scored the received proposal based on the following criteria that were in the Request for Proposal: •Firm and Team Qualifications 40% •Project Understanding and Approach 30% •Cost Structure 30% Based on the selection team's recommendation (an average score of 98%), staff recommends Reitmeier Mechanical be awarded the contract as the best and most responsible firm for the work. The contract will be for a possible five years with an estimate $27,500 per year for a total not to exceed of$137,500. p P OTHER ALTERNATIVES The Local Contract Review Board may reject all proposals and direct staff to reissue the Request for Proposal. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A . DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has been presented this contract award. Fiscal Impact Cost: $137,500 Budgeted (yes or no): Yes Where budgeted?: Fleet/Property Management Additional Fiscal Notes: This contract is for an estimated $27,500 per year for a possible total of$137,500 over five years. This appropriations are allocated in the Property Management division annually. The city reserves the right to terminate the contract if appropriations are not granted in any given fiscal year. Attachments No/,7e(0 attached. e- n816 0 5D3 AI S-1423 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): Consent Item Agenda Title: Contract Award - Sanitary Sewer and Storm Water Line Inspection Prepared For: Joseph Barrett Submitted By: Joseph Barrett, Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for sanitary sewer and storm water line television inspection services to Pacific Int-R-Tek? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for the city's sanitary sewer and storm water line television inspection service needs to Pacific Int-R-Tek in the amount of$200,000 and authorize the City Manager to take all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY Tigard has an IGA with Clean Water Services agreeing that the city will video inspect every sanitary line on a seven year rotation. The city is also required to inspect all lines (both sanitary and storm) that are out of the seven year window. To accomplish this, city requires the on-call services of a contractor to televise the city's sanitary sewer and storm water conveyance pipelines. The hired contractor will be charged with inspection and recording of the city's out of compliance sanitary and storm lines. City crews will be inspecting the annual footage goal for both systems set forth by Clean Water Services at the same time. The city issued a Request for Proposal for the work in late May of this year. Upon closing, the city received proposals from the following firms: •Pacific Int-R-Tek •Northwest Pipe Specialists A review and selection team was assembled and scored the received proposal based on the following criteria that were in the Request for Proposal: •Firm and Team Qualifications 50% •Project Understanding and Approach 30% •Cost Structure 20% Based on the selection team's recommendation (an average score of 92%), staff recommends Pacific Int-R-Tek be awarded the contract as the best and most responsible firm for the work. The contract will be for a possible five years with an estimate $40,000 per year for a total not to exceed of$200,000. OTHER ALTERNATIVES The Local Contract Review Board may reject all proposals and direct staff to reissue the Request for Proposal. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has been presented this contract award. 1 d Fiscal Impact Cost: $200,000 Budgeted (yes or no): Yes Where budgeted?: Sanitary and Storm Additional Fiscal Notes: This contract is for an estimated $40,000 per year for a possible total of$200,000 over the potential five year lifespan. Each fund (through the Sanitary and Storm divisions operating budgets) will pay for their respective pipeline. Staff is shooting for a 50/50 split each year and each fund will have appropriations to cover their work. The contract may be terminated if appropriations are not granted in any given fiscal year. Attachments No file(s)a//nched 1 1 h k� AIS-1169 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): 10 Minutes Agenda Title: Adopt a Resolution of Necessity to Acquire Property for the Derry Dell Creek Culvert Replacement Project Prepared For: Mike Stone Submitted By: Kristie Peerman, Public Works Item Type: Meeting Type: Council Business Meeting - Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council adopt a resolution of necessity to acquire certain real property for the Derry Dell Creek culvert replacement project? STAFF RECOMMENDATION / ACTION REQUEST Adopt the. resolution. KEY FACTS AND INFORMATION SUMMARY In conjunction with the Derry Dell Creek culvert replacement project, the city proposes to replace two culverts that convey Derry Dell Creek under Walnut Street. The new culverts will increase storm water conveyance capacity, restore and facilitate fish passage and accommodate the future improvements to Walnut Street. In order to replace the culverts, the city needs to acquire easements and/or property for rights of way from five (5) property owners. The city's standard practice is to negotiate with each individual property owner and purchase the property at the appraised price. However, as a last resort,it is sometimes necessary to acquire rights of way and easements via condemnation. If there is a possibility that condemnation may be required, the federal property acquisition process dictates that a resolution of necessity be adopted before negotiations begin. The city follows the federal process to ensure it will qualify for federal funding opportunities now and in the future. If council adopts the resolution of necessity, the city (or the city's agent) will enter into negotiations with the property owners to buy the required easements and properties, or portions of the properties, at the appraised value. Should negotiations prove unsuccessful, the resolution authorizes the city to proceed with condemnation. OTHER ALTERNATIVES The council could choose not to adopt the resolution and direct staff on how to proceed with the needed acquisitions. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Not applicable DATES OF PREVIOUS CONSIDERATION The council was briefed on this resolution of necessity in executive session on anuary 22, 2013. Fiscal Impact Cost: 162,500 Budgeted (yes or no): Yes Where Budgeted (department/program): CIP Additional Fiscal Notes: The current Capital Improvement Plan (CIP) includes funds in the amount of$360,000 in fiscal year 2013-2014. This amount is adequate to fund the property and easement acquisitions. A supplemental budget amendment is scheduled to come before the council on October 8, 2013; this amendment includes an additional funding request in the amount of$350,000. These additional funds will be sufficient to cover remaining fiscal year 2013-2014 costs for completion of design work and one or two months of construction. Attachments Resolution Exhibits Al. Agenc4 AIS-1419 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): 5 Minutes Agenda Title: Contract Award-Water System Improvements Design Services Prepared For: Joseph Barrett Submitted By: Joseph Barrett, Financial and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for planning, design, and construction management services for upcoming water system improvements to Murray, Smith, and Associates? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board award the contract for planning, design,and construction management services for upcoming water system improvements to Murray,Smith, and Associates for a base amount of$485,548 with $112,534 in additional services possible and-authorize the City Manager to take all steps necessary to execute said agreement. KEY FACTS AND INFORMATION SUMMARY The city's aquifer storage and recovery (ASR) program began in 2001 with the drilling of ASR 1. In 2006, the city completed the construction of the ASR 2 facility and in 2007 the city drilled and tested ASR 3. This project has three phases as follows: t.Construction of new facilities to make ASR Well 3 operational 2.Improvements to existing ASR 2 facilities 3.Connection of two pressure zones to improve storage and distribution from ASR 3. Key work to be done The proposed scope of work includes professional services to assist the city with the permitting, planning, design, and construction management for all three phases of the project, (see below for project work plan and scope of work) It might be too much detail but I thought I would include it for your use. The city issued a Qualification Based Solicitation (QBS) Request for Proposal for the engineering project in late March of this year. Under a QBS process, selection of a consultant is based upon qualification criteria only,pricing information is not allowed as a submittal. The city,in order to ensure submittals by qualified firms while reserving the ability to place a heavier weight on project understanding and design team criteria, elected to require prequalification via the city's Public Works Professional Services Qualified Roster for this project. Only firms prequalified as an eligible civil engineering firm were eligible to submit a valid response to the QBS. The criteria, and assigned weights, identified in the QBS were as follows: •Project Understanding and Approach—30 points •Design Consultant Team Qualifications —20 points •Design Consultant Team Experience with Similar ASR Projects —30 points •Firm's Availability— 15 points •References— 5 points •Total Evaluation Points — 100 Proposals were due in mid-April, and the city received a response from only one of the qualified firms; Murray, Smith and Associates (MSA.) While typically the city would prefer to receive proposals from multiple firms,MSA, is very well qualified in this field as the scoring criteria will attest, so staff felt confident moving forward to negotiations with just the one submittal.A memo was sent to Council in the April 18th packet outlining staffs intention on entering negotiations with MSA. The negotiations with MSA progressed much slower than anticipated largely due to project schedules (Lake Oswego Joint Partnership) and scope changes. Staff entered negotiations for the original scope and work with a range of$400,000 to $485,000. The final negotiated priced features a $485,548 base cost with the ability to implement the additional work for $112,534 for a project total of$598,082. The additional work includes $87,948 for optional additional services during construction and $24,586 for optional electrical and structural services for ASR 2 modifications. The city will know more about the additional service needs for ASR 2 modification after the preliminary design phase. Based on these negotiations and MSA's response to the QBS staff recommends the city, award the contract to MSA for a base of$485,548 with an additional$112,534 in additional services. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this item has been presented to the Local Contract Review Board. A memo was provided to the Council in late April updating them on the results of the QBS submittals. Fiscal Impact Cost: $598,082 Budgeted (yes or no): Yes Where budgeted?: Water CIP Additional Fiscal Notes: This project is budget in the Water CIP fund with$530,000 allocated for design. This is adequate to cover the base contract amount of$485,548, leaving$44,452 for additional services. The contract has additional services totaling$112,534 identified which will leaving$68,082 needing to come from either the construction phase, internal costs, or additional funds. Attachments No file((attached Aehda j AIS-1439 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): 15 Minutes Agenda Title: Update on Tigard Triangle Local Improvement District #1 Prepared For: Mike Stone Submitted By: Mike Stone, Public Works Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE Several property owners currently within the previously established boundary of Tigard Triangle Local Improvement District (LID) #1 have requested that their properties be removed due to the lack of meaningful activity in completing the improvements and added financial burdens. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that a public hearing be scheduled to modify the boundary of Tigard Triangle LID #1. KEY FACTS AND INFORMATION SUMMARY In consultation with the City Attorney, staff determined that in order to comply with state law and the provisions under which the LID was formed,it is necessary to conduct a public hearing in order to modify the boundary. OTHER ALTERNATIVES Other alternatives available for Council consideration: 1. Leave the LID boundary as previously established. 2. Disband the LID. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The proposed improvements are in compliance with the Transportation System Master Plan (TSP) and the Tigard Triangle Master Plan in effect at the time of formation. Tigard is currently undertaking a new master plan effort in the Tigard Triangle and the results of this study may have an impact on roadway standards in the immediate area. DATES OF PREVIOUS COUNCIL CONSIDERATION The LID was formed in 2008 under 'emergency' provisions, to construct certain roadway,sidewalk and bikelane improvements in and around Dartmouth Street, 68th, 69th and 70th Avenues. Since that time however, due to the impacts of a nationwide ecomomic recession, the planned improvements have remained unconstructed. This 'delay' was at the request of some of the property owners. Council heard public comment on the issue of modifying the LID boundary, for the purpose of eliminating certain properties, on August 20, 2013. Attachments No file(s)attached. Age/ e AIS-1440 Business Meeting Meeting Date: 09/10/2013 Length (in minutes): 5 Minutes Agenda Title: Consider Approval of Greco Estates Development Agreement Submitted By: Cheryl Gaines, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Staff requests City Council approve a development agreement to allow the developer of Greco Estates subdivision to obtain building permits for two existing lots of record prior to the recording of the final plat. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council approve and sign the agreement or direct the City Manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY LF8, LLC is the developer/owner of the Greco Estates Subdivision, an approved eight lot subdivision located at 9350 & 9420 S W Lehman Street (SUB2006-00004). The .76 acre site is made of two existing parcels. John \X/yland of.1T Smith Company, representing LF8, LLC has requested that the developer be able to begin construction on two single-family homes prior to a final plat and completion of the improvements for the two existing lots of record. The site continues to be made up of the two existing lots until the plat is recorded, creating the eight (8) lots proposed in the subdivision. Allowing construction of the homes to begin prior to the final plat as conditioned in the land use decision (SUB2007-00006) for the existing lots of record is possible.•I-Iowever, to clearly outline the responsibilities of all parties involved, a Development Agreement between the developer and the City has been drafted for approval. As there is no code directing the City Manager or designee to review and approve such agreements, the City Attorney has stated that City Council must review the agreement and decide to have the Mayor or direct the City Manager to sign the agreement. hey Facts • The existing single-family homes on each lot have been demolished. • Construction of the public street improvements along SW Lehman Street and the private street providing access to lots 5-6 is currently under construction. In addition, a performance guarantee has been submitted that covers the cost to construct the improvements should the developer not be able to complete construction. • The final plat has been reviewed by the City and has been submitted to Washington County for review. • Typically the City requires the final plat to be signed and all public and subdivision infrastructure to be complete prior to the issuance of building permits. This is based upon the requirements laid out in the land use decision, the Community Development Code, and an executed Subdivision Compliance Agreement with the City's Public Works Department. • The homes will be placed on the existing lots within the boundaries of future lots 1 and 4; thereby meeting the setbacks for both the existing and future lots. • The developer would like to take advantage of the favorable housing market. Mr. A\/yland estimates that it will be at least another 60 days before the final plat is recorded. • The developer has already submitted an assurance for the subdivision improvements, is constructing the improvements, and is working through the final platting process. The two existing lots have frontage along a public street (Lehman) and access to the two homes will be from Lehman. If the developer were to walk away from the project, the homes would not be non-conforming and improvements could still be constructed with the performance guarantee. Risk to the City seems low in this case and benefits for the developer are high. OTHER ALTERNATIVES The other alternative is to not approve the agreement. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION None. Attachments Attachment 1 -Develoment Agreement Attachment 2-Map of Existing&Proposed Lots Attachment 3-Developer Letter DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC. This DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this_day of August , 2013 (the "Effective Date"), by and between the City of Tigard ("City") and LF8, LLC, an Oregon limited liability company ("Developer"). RECITALS A. Empire Investment Properties, LLC, an Oregon limited liability company, obtained subdivision approval for two parcels located at 9350 and 9420 S.W. Lehman Street, Washington County Tax Map I S I 26DC, Tax Lot Nos. 3310 and 3200 totaling 0.76 acres (the "Real Property") into eight (8) lots for two-story single-family homes under City of Tigard Subdivision Approval (Sub) 2007-00006 (the "Greco Estates Subdivision Approval"). B. The name of the proposed subdivision located on the Real Property is Greco Estates Subdivision. C. As of the Effective Date of this Agreement, the subdivision plat for the Greco Estates Subdivision has not yet been approved or recorded. D. Developer has acquired the Real Property and intends to complete development of the Greco Estates Subdivision as conditioned in the Greco Estates Subdivision Approval (Case File #SUB2007-00006). E. Developer desires to begin construction of two (2) homes in the Greco Estates Subdivision prior to subdivision plat approval and recording, subject to the terms and provisions of this Agreement. One house to be constructed on existing tax lot #3301 and one house on existing tax lot#3200. F. Upon approval of this agreement by City Council, City will consent to Developer's construction of two (2) homes on the existing tax lots referenced in subsection E above prior to subdivision plat approval and recording, subject to Developer's execution of this Agreement and subject to the terms and conditions of this Agreement. AGREEMENTS NOW, THEREFORE, the parties agree as follows: ARTICLE 1. AGREEMENT FOR PRE-APPROVAL DEVELOPMENT. Subject to the terms, conditions and provisions of this Agreement, the City shall approve the construction of two (2) residential homes — one on each existing tax lot (#3301 & 3200) as referenced in Recital E above (the "Residential Homes"). The obligations, duties and responsibilities of the parties with regard to the construction of the Residential Homes shall be as provided in this Agreement. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 1 24924/495463 ARTICLE 2. DEVELOPER'S DUTIES AND RESPONSIBILITIES. 2.1 Storm and Sewer Connection. Developer shall not connect either Residential Home authorized under this Agreement to a public storm or sewer line until such storm and/or sewer line has received final approval from the City Engineer. 2.2 Compliance with Greco Estates Subdivision Approval. Developer shall construct the Residential Homes authorized under this Agreement in accordance with all terms and provisions of the Greco Estates Subdivision Approval (Case File #SUB2007-00006). Failure to construct the Residential Homes in such a manner may cause the need to amend the Greco Estates Subdivision Approval to be consistent with the Residential Homes as constructed. 2.3 Compliance with Building Codes. Developer shall construct the Residential Homes authorized under this Agreement in accordance with the terms and provisions of all applicable building codes. 2.4 Greco Estates Subdivision Plat Approval. Developer shall diligently proceed to construct the Residential Homes authorized under this Agreement in accordance with the terms and provisions of the Greco Estates Subdivision Approval and shall perform all duties and conditions reasonably necessary to obtain final plat approval for Greco Estates Subdivision. 2.5 Indemnification The Developer hereby agrees to indemnify, defend and hold harmless the City, its officers, directors and employees, from and against any and all claims, demands, damages, losses, liabilities, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including without limitation reasonable attorneys' fees and court costs incurred in connection with the enforcement of this indemnity or otherwise at both trial and appeal level whether or not a trial or appeal ever takes place), arising out of the negligence, fraud or any willful act or omission of the Developer, or any of its officers, directors, agents or employees, in connection with this Agreement or the Developer's work hereunder. Except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state and federal workers' compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 2.6 Performance Guarantee. The Developer shall submit a performance guarantee satisfactory to the City in the amount of 100% of the estimated cost of the conditioned public infrastructure. ARTICLE 3. CITY'S DUTIES AND RESPONSIBILITIES. 3.1 Acceptance of Building Plans. Upon Developer's execution of this Agreement, the City shall accept the Developer's submittal of the plans and applications for building permits for the Residential Homes. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 2 24924/495463 3.2 Issuance of Building Permits. Upon approval of this agreement by the City Council , the City shall release Building Permits for the Residential Homes outlined in E above. 3.3 Issuance of Certificates of Occupancy. The City shall issue Certificates of Occupancy for the Residential Homes to Developer after the City red line comments have been addressed, the City has approved the plat and contacted Washington County, and the house is deemed complete and all necessary public infrastructure has received final approval by the City Engineer. ARTICLE 4. TERM OF AGREEMENT;CONTINGENCIES. 4.1 Term. Developer's obligations hereunder shall commence on the Effective Date of this Agreement and shall end on the date that the final plat for the Greco Estates subdivision is recorded 4.2 Contingencies. This Agreement shall be expressly contingent upon the following: 4.2.1 Developer's approval and execution of this Agreement; and 4.2.2 City's approval and execution of this Agreement. 4.2.3 Developers Submission of a satisfactory performance guarantee. ARTICLE 5. GENERAL PROVISIONS. 5.1 Notices. Whenever any notice, consent, approval, demand or request is required or permitted under this Agreement, such notice, consent, approval, demand or request shall be in writing and shall be delivered by hand, sent by registered or certified mail, return receipt requested, or send by pre-paid nationally recognized overnight courier service to the addresses set out below or to such other addresses as are specified by written notice given in accordance herewith. CITY: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Attn: with a copy to: SUB2007-00006 Land Use Case File DEVELOPER: LF 8, LLC 5285 Meadows Road, Suite 171 Lake Oswego, Oregon 97035 Attn: Jeff Smith DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 3 24924/495463 with a copy to: Charles E. Harrell BUCKLEY LAW P.C. 5300 Meadows Road, Suite 200 Lake Oswego, Oregon 97035 All notices, consents, approvals, demands or requests delivered by hand shall be deemed given upon the date so delivered. Those given by mailing as hereinabove provided shall be deemed given on the date which is three (3) business days after the date on which such notice, demand, or request is so deposited in the United States Mail. Those given by pre-paid nationally recognized overnight courier service shall be deemed given on the next business day after being sent by such courier. 5.2 Survival. The provisions of Section 2.5 hereof shall survive the completion of the Developer's work and City's obligations hereunder or any earlier termination of this Agreement. 5.3 No Obligation to Third Parties. None of the responsibilities and obligations of the Developer or the City under this Agreement shall in any way or in any manner be deemed to create any liability to, or any rights in, any person or entity other than the specific parties to this Agreement. 5.4 Modifications. Neither any change nor modification of this Agreement nor any waiver of any term or condition hereof shall be valid or binding on the parties hereto, unless such change, modification, or waiver shall be in writing and signed by the party to be bound thereby. 5.5 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their successors, and permitted assigns. 5.6 Duplicate Originals. For the convenience of the parties hereto, any number of counterparts hereof may be executed, each such counterpart shall be deemed to be an original instrument, and all of such counterparts shall together be deemed one and the same instrument. 5.7 Construction. This Agreement shall be interpreted, constructed, and enforced in accordance with the laws of the State of Oregon. The titles of the articles and sections herein have been inserted as a matter of convenience of reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein. The parties agree that they have both participated equally in the negotiation and preparation of this Agreement and no court construing this Agreement or the rights of the parties hereunder shall be prejudiced toward either party by reason of the rule of construction that a document is to be construed more strictly against the party or parties who prepared the same. 5.8 Entire Agreement. This Agreement is intended by the parties hereto to be the final expression of their agreement with respect to the subject matter hereof and is the complete and exclusive statement of the terms thereof. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 4 24924/495463 5.9 Assi gnment. This Agreement shall not be assigned by the Developer to anyone without the prior written consent of the City, and any such assignment by the Developer without the prior written consent of the City shall be null, void and of no force and effect. This Agreement shall not be assigned by the City without the prior written consent of the Developer. Upon any permitted assignment of this Agreement by the City or Developer, the assigning party shall cause the assignee to expressly assume in writing the assigning party's obligations under this Agreement first arising or accruing after the date of the assignment. Notwithstanding the foregoing, Developer, without the consent of the City, shall have the right to assign this Agreement in connection with the sale of all or substantially all of the assets of Developer or to a party controlling, controlled by, or under common control with Developer. 5.10 Authorized Representatives. Any consent, approval, authorization, or other action required or permitted to be given or taken under this Agreement by the Developer or the City, as the case may be, shall be given or taken by the authorized representative of each. For purposes of this Agreement, (a) the authorized representative of the Developer shall be John Wyland; and (b) the authorized representative of the City shall be . Any party hereto may from time to time designate other or replacement authorized representatives by written notice from its authorized representative to the other parties hereto. The written statements and representations of any authorized representative of the Developer or the City shall for the purposes of this Agreement be binding upon such party for whom the authorized representative purports to act, and the other parties hereto shall have no obligation or duty whatsoever to inquire into the authority of any such representative to take any action which he/she proposes to take, regardless of whether such representative actually has the authority to take any such action. 5.11 Terminology. All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; and all terms used herein in the singular shall include the plural, and vice versa. 5.12 Time of Essence. Time is of the essence of this Agreement. 5.13 Consent. Whenever the consent or approval of one of the parties is required pursuant to the terms of this Agreement, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 5.14 Attorney's Fees. If a suit or an action is instituted in connection with any controversy arising out of this Agreement or to enforce any rights hereunder, the prevailing party shall be entitled to recover such amount as the court may adjudge reasonable as attorneys' or paralegals' fees and costs of litigation at trial or on any appeal or review, in addition to all other amounts provided by law. 5.15 Governing Law; Venue. The law of the State of Oregon, excluding its conflict of law rules, shall govern the interpretation, validity and performance of this Agreement. Exclusive jurisdiction and venue for any dispute pursuant to this Agreement shall be in the state and federal courts of Washington County, Oregon. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 5 24924/495463 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. DEVELOPER: LF 8, LLC. By: CITY: CITY OF TIGARD,OREGON By: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TIGARD AND LF8,LLC Page 6 24924/495463 DL DESIGN GROUP INC. 9045 SW Bsrbur Blvd. Buie 101 Podland,OR 97219 -- - -- --.----- - --- - ---- (503)225.1879 au' • S.W. LEHMANN S78EE7 f W a..130AD..N.0._.$5Q _ Sao'ROW raisins* ramor I r71 S71 , l +w taar'47wTSl fir I ' j 310`.12 TW I san'+rr 1 1 I j-I 40'NotirALA' I I i £A uZIlr I I 1 Ilt lit I 1 LOT 1 ig LOT 2 : ' LOT 3 Qils LOT 4 1 i A.356r srr, A-3277 VT A.3143 SFr A-J622 SFr V z 40'swam E I i 54'a ■ FX i h I u I- tASrurnr L 01 i 1�97ti l A"a,� L.4- o� 1 L z 0 Q, -`L ar 6 5l----f-- _ n� Q Z f. — 'f}'T TRACT A "r'7f7'T JI7 a Z -J AW: 7=4 VT awr2fr W 0 a. nr MO .[� a0"i ^ IA i 5WJ.?2I1r sU:IrYIV SM122eW I I 1 O L.L > ( .0.MAX ! I I 1 U Q. IJf }._. - tASruwr I rao. 1i.a (:) L Q Ilitt LOT 8 ; LOT 7 LOT 6 ; LOT 5 I F Z Ar3942 SFr it A-St59 ITT I :I .4....1444 Ir'f �I A-39a WI 1 I L M09-1%I4 ma% IMr91 MY IWT 1 I 1 1 I 1 I I 1 1 1 I I RV. OM LY I I I I I 1 I JJ I 1 I 1 20' 10' 0 Yo' I 1 I 1 I I SCALP I'-20' TENTATIVE PLAT 1" = 20' PROJECT NUMBER EIP001 ilia oYf7YW . IISY: Al SHOWN aro*: — DN der. 00 aMaw[X o0 02. 1 .. J.T. SMITH companies 8/29/2013 City of Tigard C/O; Cheryl Caines Associate Planner RE: Greco Estates Subdivision, 9350 SW Lehman Street Mrs. Caines, We are requesting to submit and start to homes the prior to final plat recording. In most jurisdictions that we have historically worked in have allowed us to begin construction on residential family homes early due to the fact that we have legal lots of record. The number of homes in which we are allowed directly corresponds with the total number of lots of record we currently have. It can be advantageous for us as a builder-developer to start homes as soon as possible. This allows us to take advantage of the current market. As you may know the current market is a favorable one. As discussed before we will attach exhibits to the agreement that show how the homes that we wish to start early will fit on the current legal lots of record and meet code if for some reason we do not record the plat. Thanks for all of your help and I look forward to the hearing next week. Please feel free to call me at 503-209-7555 if you should have any additional questions, comments, or if you should need any additional information from us. Sincerely, John Wyland Director of Land Development 41" 5285 SW Meadows Road Ste. 171 • Lake Oswego,OR 97035 (503) 657-3402 • (503) 684-0102 Fax