The URL can be used to link to this page

City Council Packet - 04/08/2014 4.1 ■ TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING April 8, 2014 COUNCIL MEETING WILL BE TELEVISED I:IDesign&Communications\DonnalCity Councillccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: April 8,2014- 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 Agenda revised 4/3/2014:Added Study Session Item A; Changes made to business meeting for Item Nos. 9 and 10. 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 beard 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 (I'LD -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 (TDD -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. 14 I • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL/CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: April 8,2014- 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 Agenda revised 4/3/2014:Added Study Session Item A; Changes made to business meeting for Item Nos. 9 and 10. 6:30 PM •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property negotiations under ORS 192.660(2) (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. •STUDY SESSION A. Follow-Up Discussion on Ballot Measure 34-210 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) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: Tigard City Council 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: 7:40 pm estimated time A. Receive and File 1. Official March 11,2014, Special Election Results for Ballot Measure 34-210 2. Council Calendar 3. Council Tentative Agenda for Future Meeting Topics B. Authorize the Mayor to Execute a Joinder Agreement Regarding Tigard's Participation in the TVWD/Hillsboro Willamette River Water Supply Program C. Authorize the Mayor to Execute an Agreement with ODOT Regarding Power Costs to Operate a Streetlight at the Intersection of Pacific Highway and Durham Road D. Authorize the Mayor to Execute an Agreement with ODOT to Include a Water Line Replacement in the Main Street Green Street Project •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/Cite Center Development Agency has voted on those items which do not need disatssion. 4. Proclaim National Community Development Week 7:40 pm estimated time 5. Legislative Public Hearing-Amending Tigard Municipal Code Title 15.06 Franchise Utility Ordinance 7:45 pm estimated time 6. Presentation from TVF&R Chief Duyck- State of the District 8:15 pm estimated time 7. Legislative Public Hearing- Amending Tigard Municipal Code Chapter 10.28.130 Prohibiting Parking on One Side of 116th Place North of SW Beef Bend Road 8:45 pm estimated time 8. Consider a Motion Authorizing the City Manager to Complete the Acquisition of the Milton Court Property for the Bonita Road Pump Station 9:05 pm estimated time 9. Consider a Motion to Authorize the City Manager to Enter into Lease Agreement for Oregon Department of Transportation and Portland &Western Railroad Property 9:15 pm estimated time 10. Consider a Resolution to Authorize the Executive Director of the City Center Development Agency to Negotiate Voluntary Property Acquisitions 9:25 pm estimated time 11. Council Liaison Reports 12. Non Agenda Items 13. 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. 14. Adjournment 9:40 pm estimated time SUPPLEMENTAL PACKET FOR /&, ,DD/y (DATE OF MEETIN C; S J O RDA N RAM I S 1)c ATTORNEYS AT LAW �.E 50, Two Centerpointe Dr 6th Fl Phone: (503)598-7070 Lake Oswego OR 97035 Toll Free: (888)598-7070 www.jordanramis.com Fax: (503)598-7373 LEGAL MEMORANDUM TO: City Council FROM: City Attorney DATE: April 7, 2014 RE: Clarification on Issues Regarding Measure 34-10 File No. 50014-36799 PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Introduction. This memo sets out the questions asked by the Council at the March 18, 2014 City Council Workshop regarding Measure 34-10 and City Attorney Tim Ramis' answers to those questions. Questions. 1. What does the measure require? A: The measure contains two affirmative requirements. i. Send a letter annually describing the City's policy that it opposes new high-capacity transit corridor in the city without a vote of the people. ii. Conduct a voter approval process if the City proposes to amend land use or comp plan regulations to site a new high-capacity transit corridor. 2. Does the implication of the vote mean that if a vote occurs the letter doesn't have to get sent again, or does it have to be sent every year? A: The measure requires sending a letter annually. If the Council considers this to be ambiguous, the Council could adopt a clarifying ordinance to interpret the meaning of the Charter to resolve any ambiguities. 50014-36799 904999_I.DOCIDRF/4/7/2014 JORDAN RAMIS pc •rroe«tv$ •r uw April 7, 2014 Page 2 3. Would the City be required to amend its land use regulations or comprehensive plan to accommodate high-capacity transit? A: It probably will not be necessary. Conceptually, the project is approved at a regional level (Metro) and it issues a land use final order. Once that's done, the City can condition the project to satisfy existing city regulations so long as it doesn't impede the project unreasonably. 4. Will this amendment change the other Charter amendment requiring a vote if Tigard were going to enact a tax or fee? A: The two Charter amendments are separate. Measure 34-10 is additional, and not a change to the former Charter amendment]. 5. Can the City legally work with other regional partners in order to do regional planning? Does the City need to pre-plan to plan? A: Yes, the City can legally work with other regional partners to do regional strategic planning. Under the text of the measure, the City does not need to get pre- authorization from the citizens before it engages in planning. However, the City Council can decide whether to go to the people first for pre-authorization. Q: How much discretion does the City have in wording the letter? A: The measure grants broad discretion regarding how the letter is drafted. It requires notice and requires that the City include the policy. The measure does not contain limits on what may be included in the letter. 6. Does the measure prohibit the City from designating building corridors (rights-of- way) in the City for the purpose of identifying high capacity transit projects? A: If it's a zoning amendment, zoning map change, or comprehensive plan amendment, it would trigger the vote. 7. Does the measure cover acquisition of land for a right-of-way for the purpose of accommodating high capacity transit projects? A: The measure does not define the word "Construction". The Council would need to define the term "Construction" and determine whether it includes acquisition. 8. Is the City correct in stating that land use and transit planning are separate, such that the City is not planning land use to accommodate high-capacity transit, but high capacity transit needs to accommodate the City's land use? A: Yes. 9. When does the City need to send the letter? 50014-36799 904999_1 DOCORF/4/7/2014 JORDAN RAMIS pc ATI AT LAW April 7, 2014 Page 3 A: This is up to Council's discretion as to what date to pick to send the letter, but it must be sent annually. 10. Can the City build exclusive bus lanes? A: If the City doesn't need to amend its comp plan or land use regulations to accommodate the siting of an exclusive bus lane, then a vote is probably not needed. Someone could challenge the decision, if the exclusive bus lane was built in a new high capacity transit corridor and a vote was not obtained, arguing that it violates the policy. This challenge would answer the question of whether that language regarding the policy is simply a policy statement, or a prohibition on construction. The City could take a more conservative approach and send it out to a vote. 11. What if TriMet did the corridor and the City did not take any action? A: If the City is not taking action, the measure is not implicated at all. If TriMet undertook the project, the measure would not be implicated. 12. If City Council authorizes an expenditure that violates the Charter, and is therefore outside the Council's authority, would the Council be liable? A: Yes, unless the action was on the advice of counsel. Please also see discussion below outlining in more detail when public officers are personally liable for public expenditures. 13. Can the City have a public debate to provide more clarity on this issue? A: Yes, public conversation or debate about policy would be beneficial. An advisory vote, or other referral is an option, as is asking a court for a declaratory judgment. If the Council decides to refer an advisory question, the Council has broad discretion over how it wants to frame such advisory question. Further analysis on issues of personal liability for public expenditures. With the recent passage of Measure 34-210, the City has requested guidance on the question of what the personal liability may be for Councilors who support high-capacity transit corridor projects without voter authorization. I. Statute and Case Law ORS 294.100 states: (1) It is unlawful for any public official to expend any moneys in excess of the amounts provided by law, or for any other or different purpose than provided by law. 50014-36799 904999 1.DOCIDRF/4/7/2014 JORDAN RAMPS rc AI IDPwEr& AY EAW April 7, 2014 Page 4 (2) Any public official who expends any public moneys in excess of the amounts or for any other or different purpose than authorized by law shall be civilly liable for the return of the money by suit of the district attorney of the district in which the offense is committed, or at the suit of any taxpayer of such district, if the expenditure constitutes malfeasance in office or willful or wanton neglect of duty. The case Umrein v. Nelson, 70 Or App 104 (1984) interprets this statue. In this case, the Beaverton Urban Renewal Agency (BURA) condemned a piece of property and began three challenged projects—a water detention facility, a park, and planning for a regional recycling center. Plaintiff sued, arguing that BURA had no authority to spend agency funds for urban renewal projects unless the project was specifically listed in the urban renewal plan, which the challenged projects were not. In determining whether the expenditure of public funds on these projects was authorized, the court focused on the contents of BURA's urban renewal plan. If any change from the plan was so substantial as to require formal amendment of the plan, then spending any funds for the project without a formal plan amendment would be unauthorized. As such, the public officials who authorized such expenses would be personally liable. However, if the changes were not substantial enough as to require a formal amendment, then there was no personal liability. The policy of this interpretation was to protect public officials who properly carry out their statutory duties. The court remanded the issue to the trial court to determine whether the water detention facility or park were substantial changes requiring formal amendment proceedings. The court took a slightly different approach as to planning for the recycling center. It said that planning is an essential precursor to any urban renewal plan or project and that the agency could never undertake a project without planning. The court cited the statutory authority of urban renewal agencies to plan and said that BURA had inherent authority to plan for any project. It therefore granted summary judgment in favor of BURA on this question. II. Analysis Measure 34-210 prohibits the City from adopting an ordinance amending its comprehensive plan or land use regulations to accommodate siting of new high-capacity transit corridor project absent voter approval. Using the analysis in Umrein, so long as the expenditure is for a project which is not substantial enough as to require an amendment of the comp plan or land use regulations, the City may still expend public funds on a project without risking personal liability. The City's public officials would be acting pursuant to their statutory authority, as codified in the comp plan and land use regulations. Additionally, the measure amends the City Charter to adopt a public policy opposing construction of new high-capacity transit corridors within the City unless voter approval is first obtained. I have briefly researched case law and do not see any Oregon cases which discuss whether policy statements are binding or aspirational. However, under federal law, such as the Administrative Procedure Act, agency policy statements are generally treated as nonbinding. Further research is necessary to determine the significance of the adopted policy statement. 50014-36799 904999 1 DOCIDRF/4/7/2014 JORDAN RAMIS pc- •i iONwf iS •i few April 7, 2014 Page 5 Finally, the City's planning activities should receive the same protections as BURA's in Umrein. ORS 197 recognizes that comprehensive plans shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs of the public they are designed to serve. Planning is inherent to meet this requirement. Just as BURA could not undertake a project without planning, neither can the City. Advance planning is necessary before the undertaking of any project or comprehensive plan amendment. So long as the expenditure is limited to planning, the public officials appear safe from personal liability. This is also consistent with the plain text of the measure which declares a policy against the construction of new high-capacity transit corridors, but is silent as to planning for such corridors. III. Advice of Counsel Defense Case law applying ORS 294.100 also recognizes an "advice of counsel" defense. In Bear Creek Valley Sanitary Authority ex rel Bashaw v. Hopkins, 53 Or App 212 (1981), the court stated that the advice of counsel defense was available if defendants relied in good faith and without personal benefit upon the advice that was given by their attorney. The court found this defense was available to several county commissioners in the case Belgarde v. Linn, 205 Or App 433 (2006). In this case, the county counsel, as well as an outside attorney, advised the county commissioners that the county could face liability for denying marriage licenses to same-sex couples, yet a court had enjoined the county from issuing such licenses. Plaintiff sued the county for the unauthorized expenditure of public funds for the issuance of these marriage licenses. The commissioners submitted affidavits stating that they had acted in good faith reliance on the advice of legal counsel, with a motive to protect the county from lawsuits, and without a motive of personal gain and the court held that defendants were entitled to the advice of counsel defense. In the context of Measure 34-10 this case law suggests that obtaining an opinion of Counsel would be advisable when considering actions possibly related to the measure's requirements. 50014-36799 904999 1.DOCIDRF/4/7/2014 AGENDA ITEM NO. 3-D CITIZEN COMMUNICATION DATE: April 8, 2014 (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 ./53 help the presiding officer pronounce: /14 Address City �] State Zip 1 '" 511°1 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 ,472ri1/ r, �0//7 Tigard City Council Meeting - April 8th 2014 Sports: • Our Tigerette Dance team won the national Championship in Anaheim California! • All of the Spring sports have started, including Baseball, Tennis and Track. Tigard's Got Talent is this thursday! Started a school-wide sock drive for the Night Strike organization. Prom is coming up on May 10th, the theme is Diamonds are Forever. Seniors are getting ready for graduation!! 3rd Quarter ends this Thursday. Next year's leadership elections and interviews have started! AIS-1692 3.A. Business Meeting Meeting Date: 04/08/2014 Length (in minutes):Consent Item Agenda Title: Receive and File: Election Results,Council Calendar and Council Tentative Agenda Submitted By: Carol Krager,City Management Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the official election results for the March 11,2014,City of Tigard special election for a "Charter Amendment to Adopt Tigard Policy Opposing New High-Capacity Transit Corridor Projects" Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; this is a receive and file summary for information purposes. KEY FACTS AND INFORMATION SUMMARY •When the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council to officially "receive and file" the information. •As detailed in the Abstract of Votes,the following are the results of the election for the City of Tigard: •Ballot Measure 34-210 Charter amendment was approved. (51%yes;49%no) •Attached are election results by precinct and a City of Tigard Precinct Map. Voter turnout for the City of Tigard was about 37%. •Also attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A-Receive and File Items Attachments Abstract of Votes-March 11,2014 Special Election for Tigard Measure No.34-210 Tigard Election Precinct Map Council Calendar Tentative Atenda WASHINGTON COUNTY OREGON March 26, 2014 City Recorder City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Enclosed you will find a copy of the Abstract of Votes for City of Tigard relating to the Special Election held on March 11, 2014. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 3700 SW Murray Blvd. Suite 101 Beaverton OR 97005 Thank you very much. Sincerely, ,/(egiaae t Mickie Kawai Elections Manager MK/tk X I have canvassed the votes for City of Tigard, relating to the Special Election on March 11, 2014. By signing this canvass letter, I concur with the final results. . t 'LC? / bi-/ AUTHORIZING SIGNATURE DATE Department of Assessment&Taxation, Elections Division 3700 SW Murrray Blvd. Suite 101 Beaverton OR 97005 Phone:503/846-5800 Fax: 503/846-5810 SUMMARY REPORT Washington County. Oregon Official Final Special Election March 11, 2014 Run Date:03/26/14 09:55 AM VOTES PERCENT PRECINCTS COUNTED (OF 12) 12 100.00 REGISTERED VOTERS - TOTAL 26,972 BALLOTS CAST - TOTAL 9,963 VOTER TURNOUT - TOTAL 36.94 34-210 City of Tigard Charter Amendment - Transit VOTE FOR 1 Yes 5 094 51.15 No 4,864 48.85 Over Votes 0 Under Votes 5 4 ,.. • _ r I,Rickard W.ilokersida, Dirodor o and Mutation and Ex-Officio Comity Clot far Washington County,do hereby oettifyr alit to be• true and correct ot'the co oriy NUMBERED KEY CANVASS Washington County. Oregon Special Election RUN DATE:03/26/14 09:55 AM March 11. 2014 REPORT-EL52 PAGE 0001 TOTAL PERCENT TOTAL PERCENT 01 = REGISTERED VOTERS - TOTAL 26.972 03 — VOTER TURNOUT - TOTAL 36.94 02 = BALLOTS CAST - TOTAL 9,963 01 02 03 0400 400 2837 . 923 32.53 0402 402 1011 . 385 38.08 0403 403 3689 1462 39.63 0404 404 2628 . 945 35.96 0405 405 4355 1738 39.91 0406 406 3017 1032 34.21 0408 408 4229 1897 44.86 0409 409 2664 . 766 28.75 0416 416 1662 . 559 33.63 0427 427 24 . . 5 20.83 0450 450 69 . 32 46.38 0454 454 787 . 219 27.83 mss',t r`••Tit;r are • .,}rte?.•.. • •,r,///[rrrr •• •Y..y�• .iii • 1�• • . I,Itkimsd W.Nobet4tkht, Director of Assessment and Taxation and Ex-Officio County Clerk for Washington County,do hereby certify this to be a true and correct copy of the original. Date:, 7/1,44'4 01‘, J■i J By `,14/2✓C. NUMBERED KEY CANVASS Washington County. Oregon Special Election RUN DATE:03/26/14 09:55 AM March 11. 2014 REPORT-EL52 PAGE 0002 VOTES PERCENT VOTES PERCENT 34-210 City of Tigard Charter Amendment - Transit VOTE FOR 1 01 = Yes 5,094 51.15 03 = OVER VOTES 0 02 = No 4,864 48.85 04 = UNDER VOTES 5 01 02 03 04 0400 400 468 455 0 0 0402 402 210 175 0 0 0403 403 822 640 0 0 0404 404 509 436 0 0 0405 405 847 889 0 2 0406 406 553 478 0 1 0408 408 901 994 0 2 0409 409 345 421 0 0 0416 416 285 274 0 0 0427 427 1 4 0 0 0450 450 19 13 0 0 0454 454 134 85 0 0 ., (. R, 9,• ..!4E" !`i Agenda Item No. 3.A.2 _ For Agenda of April 8,2014 • MEMORANDUM T I GARD TO: Honorable Mayor&City Council/City Center Development Agency Board FROM: Carol A. Krager,Deputy City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: April 8,2014 April 1 Tuesday City Center Development Agency–6:30 p.m.,Town Hall 8* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 21 Monday Budget Committee Meeting–6:30 p.m. 22* Tuesday Council Business Meeting–6:30 p.m.,Town Hall 28 Monday Budget Committee Meeting–6:30 p.m. May 5 Monday Budget Committee Meeting–6:30 p.m. 6 Tuesday City Center Development Agency–6:30 p.m.,Town Hall 12 Monday Budget Committee Meeting–6:30 p.m. 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 June 3 Tuesday City Center Development Agency Meeting Cancelled 10* Tuesday Council Business Meeting--6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting–6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk M. I:\adm\city council\council calendar\3-month calendar for c mtg 140408.doc Meeting Banner 0 Business Meeting ❑ Study Session • Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM- Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 1606 104/08/2014 IC Wheatley (AAA April 8, 2014 - Business Meeting I E-- —__. . __ _._ II 1686 stop ,CCSTUDY 15 Minutes - Executive Session on Real Property Public Works 03/10/2014 .. A ., ,. Negotiations ' `" '"le r, ----- STUDY, Minutes - Executive Session City Management 103/25/2014 I - 11 1515 04/08/2014 John ACONSENT Consent Item - Authorize the Mayor to Execute a Joinder Public Works MartyW, City Goodrich Agreement Regarding Tigard's Participation in the Manager TVWD/Hillsboro Willamette River Water Supply Program 1663 04/08/2014 Renee ACONSENT Consent Item - Authorize the Mayor to Execute an Public Works MartyW, City Ferguson Agreement with ODOT Regarding Power Costs to Operate a Manager Streetlight at Intersection of Pacific Hwy and Durham Rd 1677 04/08/2014 Renee ACONSENT Consent Item - Authorize the Mayor to Execute an Public Works MartyW, City Ferguson Agreement with ODOT to Include a Water Line Manager .Replacement in the Main Street Green Street Project 1692 04/08/2014 Carol Krager ACONSENT Consent Item - Receive and File: Election Results, Council City Management 1Wheatley C, City Calendar and Council Tentative Agenda I(Recorder I -- it [1691 04/08/2014 I] Bengtson CCBSNS 1 5 Minutes - Proclaim Natn'l Corn Development Week (City Management 03/27/2014 I 1449 04/08/2014 Loreen Mills CCBSNS 2 30 Minutes - Public Hearing - Amending Tigard Municipal City Management MartyW, City Code Title 15.06 Franchise Utility Ordinance Manager 1666 04/08/2014 Cathy CCBSNS 3 30 Minutes - Presentation from TVF&R Chief Duyck - Administrative 03/27/2014 Wheatley State of the District Services 1655 04/08/2014 IJulia Jewett CCBSNS 14 15 Minutes - SW 116th Place Parking Issue Police Jewett J, ,I 1718 04/08/2014 Greer Gaston CCBSNS 5 10 Minutes - Acquisition of the Milton Court Property for Public Works MartyW, City I the Bonita Road Pump Station Manager 04/08/2014 15 min-Placeholder-Ballot Measure Follow Up (Marty will do AIS) 1 I Page is\adm\carol\tentaty ag\2014\march 31, 2014.docx Meeting Banner 0 Business Meeting ❑ Study Session • Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM - Updated 1605 04/15/2014 Cathy AAA April 15, 2014 - Workshop Meeting - Marty absent Wheatley 1668 04/15/2014 Alison CCWKSHOP 1 30 Minutes - Joint Meeting with the Library Board Library Grimes A, Conf. Grimes Exec. Assistant 1651 04/15/2014 Renee CCWKSHOP 2 30 Minutes - Briefing on the Westside Trail Master Plan Public Works MartyW, City Ferguson Manager 1585 04/15/2014 Greer Gaston CCWKSHOP 3 15 Minutes - Briefing on Capital Improvement Plan (CIP) Public Works Gaston G, Conf Projects Executive Asst 1679 04/15/2014 John Floyd CCWKSHOP 4 20 Minutes - Medical Marijuana Legislative Update Community Laughlin D, Conf. Development Exec. Asst. 1694 04/15/2014 Joseph CCWKSHOP 5 10 Minutes - Upcoming Local Contract Review Board Financial and Barrett 3, Sr Barrett Action Items Information Mgmt Analyst - Services Finance 04/15/2014 Placeholder — Strategic Plan (Liz N. to do AIS) Total Time: 105 of 180 minutes have been scheduled 11 1569 04/21/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. - Mayor Cook Wheatley absent. II 1607 04/22/2014 Cathy AAA April 22, 2014 - Business Meeting - Councilor Snider Wheatley Absent 1 II 1697 '11-n,9 ny inf = OWN! i-9 10 Minutes - Discussion on Upcoming Contracts _Barrett J, a I . 11.1 ��M v ! ye een scheduled 1534 04/22/2014 Debbie ACONSENT Consent Item - Authorize the Mayor to Execute an Financial and Smith-Wagar D, Smith-Wagar Intergovernmental Agreement with Metro Regarding a CET Information Asst Finance Grant for the River Terrace Community Plan Services Director 1652 04/22/2014 Renee ACONSENT Consent Item - Adopt a Resolution Approving the Westside Public Works Ferguson, R, Ferguson Trail Master Plan Admin. Spec. II 21 Pagc is\adm\carol\tentatv ag\2014\march 31,2014.docx Meeting Banner Business Meeting 0 Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM - Updated II 1684 04/22/2014 Marissa CCBSNS 1 10 Minutes - Arbor Month Update and Tree City USA Community Grass M, Assoc Grass Award Development Planner 1710 04/22/2014 Joanne CCBSNS 2 Minutes - Proclaim May 5 - 11, 2014 Be Kind to Animals City Management Krager C, Deputy Bengtson Week City Recorder 1709 04/22/2014 Julia Jewett CCBSNS 3 5 Minutes - Alarm Systems Ordinance TMC 11.08 Police Jewett J, Conf I Exec Asst 1682 04/22/2014 Carissa CCBSNS 4 20 Minutes - FY 2014 Third Quarter Budget Amendment Financial and Collins C, Sr Collins Information Mgmt Analyst Services (Fin Adm) 1(43) 04/22/2014 Greer Gaston CCBSNS 5 15 Minutes - Authorize the Mayor/City Manager to Public Works Koellermeier D, Execute an Intergovernmental Agreement with King City Public Works Dir Regarding Water System Ownership and Water Service 1695 04/22/2014 Joseph CCBSNS 6 5 Minutes - Contract Award - Construction Management Financial and Barrett J, Sr Barrett for 72nd & Dartmouth Intersection & Widening Project Information Mgmt Analyst - Services Finance 1696 04/22/2014 Joseph CCBSNS 7 5 Minutes - Contract Award - Planning, Design, and Financial and Barrett J, Sr Barrett Construction Management Services for East Tigard Sewer Information Mgmt Analyst - Project Services Finance 1678 04/22/2014 Renee CCBSNS 8 10 Minutes - Consider a Resolution of Necessity Giving Public Works McMillan K, Ferguson the County the Authority to Acquire Property for the Engineering Walnut Street Improvement Project. Manager 1725 04/22/2014 John Floyd CCBSNS 9 10 Minutes - Placeholder - Extension of Existing Community Floyd J, Associate I Prohibition On Medical Marijuana Facilities Development Planner Total Time: 85 of 100 minutes have been scheduled II 1570 04/28/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. Wheatley JI 1571 05/05/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. - Marty absent Wheatley 1 II 3 1 Page is\adm\carol\tentaty ag\2014\march 31,2014.docx Meeting Banner 0 Business Meeting ❑ Study Session II Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM - Updated 1608 05/06/2014 Cathy AAA May 6, 2014 - CCDA Meeting - Marty absent. I Wheatley I II 1688 05/06/2014 Sean CCDA 60 Minutes - Downtown Public Space Community Farrelly S, Redev Project) Farrelly Development Manager Total Time: 60 of 180 minutes have been scheduled I II 1572 05/12/2014 Cathy AAA Budget Committee Meeting - 6:30 p.m. I Wheatley i II 1609 05/13/2014 Cathy AAA May 13, 2014 Business Meeting I Wheatley I II 1704 05/13/2014 Cathy ACCSTUDY 30 Minutes - Discussion with Metro Councilor Craig Administrative Services Wheatley C, City I Wheatley Dirksen Recorder Total Time: 30 of 45 minutes have been scheduled I ._ II 1699 05/13/2014 Joseph CCBSNS 5 Minutes - Contract Award - 72nd/Dartmouth Financial and Barrett J, Sr Mgmt I Barrett Intersection Improvements Information Services Analyst - Finance 1705 05/13/2014 Joseph CCBSNS 5 Minutes - Contract Award - Police Mobile Data Financial and Barrett J, Sr Mgmt I Barrett Computers Upgrade Project Information Services Analyst - Finance 171405/13/2014 Lloyd Purdy CCBSNS 10 Minutes - Vertical Housing Development Zone: Community Purdy, L, Econ I Resolution Requesting Designation Development Development Mgr Total Time: 20 of 100 minutes have been scheduled I II 4 I Page is\adm\carol\tentaty ag\2014\march 31,2014.docx Meeting Banner 0 Business Meeting ❑ Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM - Updated 1610 05/20/2014 Cathy AAA May 20, 2014 Workshop Meeting Wheatley — II 1664 05/20/2014 Toby CCWKSHOP 60 Minutes - River Terrace Finance Strategies Update Financial and LaFrance T, Fin/Info LaFrance Information Services Svcs Director Total Time: 60 of 180 minutes have been scheduled � II 1611 05/27/2014 Cathy AAA May 27, 2014 Business Meeting Wheatley II 1524 05/27/2014 Greer ACCSTUDY 30 Minutes - Briefing and Discussion on the Development Public Works Koellermeier D, Gaston of a Willamette River Water Supply in Conjunction with Public Works Dir the City of Sherwood 1698 05/27/2014 Joseph ACCSTUDY 10 Minutes - Discussion on Upcoming Contracts Financial and Barrett J, Sr Mgmt I Barrett Information Services Analyst - Finance Total Time: 40 of 45 minutes have been scheduled 1689 05/27/2014 Joanne CCBSNS 5 Minutes - 2014 Winners of "If I Were Mayor, I Would" City Management Krager C, Deputy Bengtson Contest City Recorder 1717 05/27/2014 Lloyd Purdy CCBSNS 10 Minutes - Tigard Enterprise Zone: Resolution & IGA Community Development Total Time: 15 of 100 minutes have been scheduled II 1612 06/03/2014 Cathy AAA June 3, 2014 CCDA Meeting - Cancelled. Wheatley II 5 1 Page is\adm\carol\tentatv ag\2014\march 31, 2014.docx Meeting Banner ❑ Business Meeting ❑ Study Session 0 Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting ❑ CCDA Meeting 10 City Council Tentative Agenda 4/1/2014 11:34 AM - Updated 1613 06/10/2014 Cathy AAA June 10, 2014 Business Meeting Wheatley II 1706 06/10/2014 Joseph ACCSTUDY 10 Minutes - Discussion of Upcoming Contracts Financial and Barrett J, Sr Barrett Information Mgmt Analyst - Services Finance Total Time: 10 of 45 minutes have been scheduled 1672 06/10/2014 Liz Lutz CCBSNS 5 Minutes - Amend and Update the Street Maintenance Fee Financial and Krager C, Deputy Code Information City Recorder Services '1720 06/10/2014 Liz Lutz CCBSNS 5 Minutes - Resolution Certifying that the City of Tigard Financial and Lutz L, Conf Exec Provides Services Qualifying for State-Shared Revenues Information Asst Services 1721 06/10/2014 Liz Lutz CCBSNS 5 Minutes - Resolution Declaring the City's Election to Receive Financial and Lutz L, Conf Exec State Revenue Sharing Information Asst Services 1722 06/10/2014 Liz Lutz CCBSNS 10 Minutes - Adopt Citywide Master Fees and Charges Financial and Lutz L, Conf Exec Schedule Replacing Res 13-26 and Subsequent Amendments Information Asst and Resolution Adopting Misc.Solid Waste Services 1723 06/10/2014 Liz Lutz CCBSNS 15 Minutes - Financial and Information Services 1724 06/10/2014 Liz Lutz CCBSNS 5 Minutes - Adopt CCDA FY 2015 Budget with Adjustments, Financial and Make Appropriations, and Impose and Catrgorize Taxes- Information Resolution Services Total Time: 45 of 100 minutes have been scheduled 6 I Page is\adm\carol\tentatv ag\2014\march 31,2014.docx Meeting Banner 0 Business Meeting ❑ Study Session Special Meeting Consent Agenda i Meeting is Full Workshop Meeting ❑ CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM - Updated 1614 06/17/2014 Cathy AAA June 17, 2014 Workshop Meeting I Wheatley I II 1586 06/17/2014 Greer Gaston CCWKSHOP 15 Minutes - Briefing on Capital Improvement Public Works Stone Mike, City I Plan (CIP) Projects Engineer 1671 06/17/2014 Debbie Smith- CCWKSHOP 60 Minutes - River Terrace Financing Plan Update Financial and I Wagar Information Services 1712 06/17/2014 Lloyd Purdy CCWKSHOP 15 Minutes - Update on Economic Development Community Purdy, L, Econ I Activity Development Development Mgr Total Time: 90 of 180 minutes have been scheduled I II 1615 06/24/2014 Cathy AAA June 24, 2014 Business Meeting I Wheatley I II 1707 06/24/2014 Joseph Barrett CCBSNS 10 Minutes - Contract Award - City Hall Complex Financial and Barrett J, Sr Mgmt I EIFS Restoration Construction Services Information Services Analyst - Finance Total Time: 10 of 100 minutes have been scheduled I II 1616 07/01/2014 Cathy AAA July 1, 2014 CCDA Meeting I Wheatley I 11 1617 07/08/2014 Cathy AAA July 8, 2014 Business Meeting I Wheatley I II 1711 07/08/2014 Lloyd Purdy CCBSNS 25 Minutes - Economic Opportunity Analysis Post Community Purdy, L, Econ I Acknowledgement Plan Amendment Development Development Mgr Total Time: 25 of 100 minutes have been scheduled I II 1618 07/15/2014 Cathy AAA July 15, 2014 Workshop Meeting - Cancelled. I Wheatley I II 71 Page is\adm\carol\tentaty ag\2014\march 31,2014.docx Meeting Banner Business Meeting ❑ Study Session Special Meeting Consent Agenda Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 4/1/2014 11:34 AM- Updated 1619 07/22/2014 Cathy AAA July 22, 2014 Business Meeting - Split Wheatley Workshop/Business Meeting 90/70 minutes I II 1673 07/22/2014 Debbie Smith- ACCSTUDY 60 Minutes - River Terrace Financing Update Financial and Smith-Wagar D, Asst Wagar Information Services Finance Director Total Time: 60 of 90 minutes have been scheduled II 1620 08/05/2014 Cathy AAA August 5, 2014 CCDA Meeting - Cancelled. Wheatley II 1621 08/12/2014 Cathy AAA August 12, 2014 Business Meeting Wheatley I II 1622 08/19/2014 Cathy AAA August 19, 2014 Workshop Meeting - Cancelled. Wheatley I II 1623 08/26/2014 Cathy AAA August 26, 2014 Business Meeting Split Wheatley Workshop/Business Meeting 90/70 minutes II 1674 08/26/2014 Debbie Smith- ACCSTUDY 60 Minutes - River Terrace Financing Complete Financial and Smith-Wagar D, Asst Wagar Package Information Services Finance Director Total Time: 60 of 90 minutes have been scheduled 81Page is\adm\carol\tentatv ag\2014\march 31,2014.docx AIS-1515 3. B. Business Meeting Meeting Date: 04/08/2014 Length(in minutes): Consent Item Agenda Title: Authorize the Mayor to Execute a Joinder Agreement Regarding Tigard's Participation in the TVWD/Hillsboro Willamette River Water Supply Program Prepared For: Brian Rager Submitted By: John Goodrich, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: 1 Information ISSUE Shall the council authorize the mayor to execute an agreement formalizing Tigard's participation in the preliminary design of the Tualatin Valley Water District's (TVWD's) and City of Hillsboro's Willamette River 1 Water Supply Program? STAFF RECOMMENDATION / ACTION REQUEST Authorize the mayor to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The council was briefed on this joinder agreement at its March 25,2014,study session. Background •City of Tigard is a member of the Willamette River Water Coalition(WRWC) along with three other agencies—the Cities of Tualatin and Sherwood,and the TVWD. •The WRWC has approximately 130 million gallons per day (mgd) in water rights on the Willamette River. •Via the WRWC,25 mgd of these water rights are allocated to Tigard. •Tigard is currently investigating several Willamette River supply options in the context of its long-term water source planning. TVWD/Hillsboro Supply Agreement The TVWD and City of Hillsboro entered into an agreement entitled An Intergovernmental Agreement Between the City of Hillrboro and Tualatin Valley Water District Regarding Predesign, Design, Public Affairs and Public Outreach in Furtherance of the Willamette Water Subply Propram(attached). This agreement is informally called the "supply agreement" and outlines TVWD's and Hillsboro's responsibilities to design and develop Willamette River supply facilities. Joinder Agreement At its July 16,2013,workshop meeting, the council elected to participate in the preliminary design of the TVWD/Hillsboro Willamette Water Supply Program and limited Tigard's financial contribution to$100,000. To formalize Tigard's participation, the city must become a party to the Supply Agreement by executing the attached Joinder and Amendment Agreement. The following is a summary of the terms in the joinder agreement: •Tigard contributes $100,000 to fund a limited portion of the preliminary routing and design work associated with the Willamette Water Supply Program. The$100,000 is in a sense—a placeholder to incorporate 5 million gallons per day (mgd) in the design for Tigard. However, this placeholder does not guarantee any actual capacity in the program. •Tigard will participate in technical advisory committees,have access to the program Sharepoint website, receive technical memoranda prepared by the parties and consultants,preliminary design cost estimates and the HDR Preliminary Design Report. •Payment of the $100,000 contribution is due within 30 days of executing the joinder agreement. •If Tigard wishes to obtain guaranteed capacity in the 124th Avenue pipeline,it would require payment of its proportional cost of program design (totaling$4.1 million) and construction of the 124th Avenue pipeline (total estimated cost between$20 and $30 million). Tigard's cost share (approximately 5.5 percent) of design and pipeline construction amounts to a payment of$1.3 to$1.9 million. This payment will likely be due in the next few years.Tigard would be assessed a similar cost share on other program projects, (such as the treatment plant,transmission lines and storage),as these projects are constructed over the next 12 years. The cities of Beaverton and Tualatin are also expected to execute joinder agreements and participate in the program. The city attorney's office has reviewed the supply and the joinder agreements. OTHER ALTERNATIVES Council could: •Elect not to authorize execution of the joinder agreement;this would effectively eliminate Tigard's participation in the Program. •Propose changes in the terms of the joinder agreement and direct staff to attempt to re-negotiate that agreement. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard City Council -Proposed Goals and Milestones, September 2013 -December 2014 Develop IY illamette River Water Sources •Continue to consider other sources:Shenvood, T I'I rD (studies) •Develop "roadmap"*Tigard's future water decisions through 2026 DATES OF PREVIOUS CONSIDERATION The council was briefed on this joinder agreement at its March 25,2014, study session. On October 22,2013,the council adopted the fiscal year 2014 First Quarter Supplemental Budget via Resolution No. 13-44. The supplemental budget included the allocation of$100,000 from the water fund to participate in the preliminary design of the TVWD/Hillsboro Willamette Water Supply Program. At its July 16,2013,workshop meeting, the council discussed and elected to participate in the preliminary design of the TVVD/Hillsboro Willamette Water Supply Program; the council limited Tigard's financial contribution to $100,000. Fiscal Impact Cost: $100,000 Budgeted (yes or no): Yes Where Budgeted (department/program):Water Fund Additional Fiscal Notes: On October 22,2013,the council adopted the fiscal year 2014 First Quarter Supplemental Budget via Resolution No. 13-44.The supplemental budget included the allocation of$100,000 from the water fund to participate in the preliminary design of the TVWD/Hillsboro Willamette River Water Supply Program. ' Attachments joinder and Amendment Agreement Exhibit 1 TVWD/Hillsboro Supply Agreement HDR Preliminary Design Agreement • JOINDER AND AMENDMENT AGREEMENT This Joinder and Amendment Agreement (Joinder Agreement)is entered into by and between the City of Hillsboro,an Oregon municipal corporation, (Hillsboro); the Tualatin Valley Water District, a domestic water supply district organized pursuant to Chapter 264(TVWD)and the City of Tigard, an Oregon municipal corporation(hereinafter"Tigard"), each a"Party"and collectively the"Parties". RECITALS In August,2013, Hillsboro and TVWD entered into an Intergovernmental Agreement regarding Predesign, Design,Public Affairs And Public Outreach In Furtherance Of The Willamette Water Supply Program("Supply Agreement"). The Supply Agreement is comprehensive in all aspects to accomplish tasks to achieve preliminary design of the Willamette Water Supply Program and final design of the SW 124th Avenue Pipeline Project. As part of implementation of the Supply Agreement, TVWD entered into a professional services agreement with HDR Engineering, Inc. dated September 24, 2013 entitled Design Support Services on the Willamette Water Supply System Preliminary Design. (HDR Preliminary Design Agreement) Tigard desires to join in the Supply Agreement with respect to the preliminary routing and design portion of the work that is described in the Supply Agreement and the HDR Preliminary Design Agreement. Hillsboro and TVWD are willing to allow Tigard to participate on that limited basis. It is also anticipated that the City of Beaverton and the City of Tualatin may execute a similar Joinder and Amendment Agreement with Hillsboro and TVWD. For these reasons, Hillsboro,TVWD and Tigard wish to amend the Supply Agreement, and being fully advised,now therefore the Parties agree as follows: 1. Covenant of Tigard. In consideration of Hillsboro and TVWD's consent to Tigard becoming a Party to the Supply Agreement and the Cost Share Participation described below, Tigard agrees to be bound by all terms and conditions of the Supply Agreement and this Joinder Agreement and all Parties agree that the Supply Agreement shall be amended as provided herein. 2. Cost Share Participation. Tigard has elected a minimum cost share participation of$100,000 in the Project Components related to preliminary routing and design generally described in Sections 3.1.3, 3.1.4 and 3.1.5 of the Supply Agreement as shown on Ex. 1, attached hereto and incorporated by reference and more specifically set forth in the HDR Preliminary Design Agreement. Participation at this level will provide a preliminary design capacity that incorporates five(5)million gallons per day(mgd)placeholder for design purposes but does not guarantee any capacity in the Program defined in the Supply Agreement. Tigard may participate in technical advisory committees,have access to the Program Sharepoint website,receive technical memoranda prepared by the Parties and consultants, preliminary design cost estimates JOINDER AND AMENDMENT AGREEMENT,Page 1 of 3 25104.032\4848-1036-5209.v1 and the HDR Preliminary Design Report. Payment is due to TVWD within 30 days of execution of this Joinder Agreement. 3. Obtaining Guaranteed Capacity. All Parties agree that the allocation of cost share and capacity under the Supply Agreement is set forth in Section 4.1 of the Supply Agreement. To obtain guaranteed capacity or guaranteed increased capacity in the Program prior to construction, Tigard will be required to reimburse Hillsboro and TVWD for the proportionate actual design cost share consistent with the cost share allocations for final Program capacities, under all tasks in Section 3 of the Supply Agreement, excluding prior costs incurred under Sections 3.1.1 and 3.1.2 related to public outreach and public affairs, and any additional terms as mutually agreed upon to achieve true up for actual costs incurred. Payments shall be made by Tigard prior to final design and construction to obtain the guaranteed capacity. Failure to make such payment shall result in forfeiture of guaranteed capacity. 4. Amendment of Supply Agreement. A. All Parties agree that Section 4.1 of the Supply Agreement is amended to read: "4.1 Cost Share. Cost share is the percentage of Program cost allocated to a party as determined by this Agreement, a task order or addenda, or as modified by execution of a written amendment by the Parties. The Program is intended to have an actual peak design capacity of 91.2 million gallons per day(mgd). A Party's election of planned capacity share in the Program or the S.W. 124th Avenue Pipeline Project will determine that Party's share of the costs to complete the Scope of Work identified in this Agreement. Until amended, Hillsboro shall have a cost share and capacity share interest of 36.2 mgd of the 91.2 mgd(36.2/91.2)and TVWD will have a cost share and capacity share interest of 55 mgd of the 91.2 mgd(55.0/91.2). The percentage calculation is 39.69% for Hillsboro and 60.31% for TVWD. No other party shall have any interest therein unless mutually agreed upon by amendment to this Agreement and by execution of a Joinder Agreement. A form of Joinder Agreement is attached as Ex. B." B. All Parties agree that Section 7.7 of the Supply Agreement is amended by adding the following to the existing text: If to Tigard: City of Tigard Dennis Koellermeier 13125 SW Hall Blvd. Tigard,OR 97223 5. Existing Agreement. In all respects, and except as specifically modified by this Joinder Agreement, all terms and conditions of the Supply Agreement are in full force and effect. 6. Joinder by Other Entities. Tigard agrees that execution of a Joinder Agreement by Hillsboro, TVWD and Cities of Beaverton and Tualatin may occur without necessity of future action or consent by Tigard. Joinder by any other entity not named will require consent of all Parties as provided under the Supply Agreement. JOINDER AND AMENDMENT AGREEMENT,Page 2 of 3 25104.03214848-1036-5209.v1 7. Effective Date. This Joinder Agreement shall become effective on the last date signed below and shall remain in effect under the terms of the Supply Agreement. 8. Counterparts. This Joinder Agreement may be signed in counter-part and each part shall constitute an original. IN WITNESS WHEREOF,the parties have executed this Joinder Agreement as of the date opposite their signatures. CITY OF HILLSBORO CITY OF TIGARD an Oregon Municipal Corporation an Oregon Municipal Corporation Mayor Mayor Attest: Attest: City Recorder City Recorder Approved as to form Approved as to form City Attorney City Attorney TUALATIN VALLEY WATER DISTRICT Board President Board Secretary Approved as to form District Counsel JOINDER AND AMENDMENT AGREEMENT,Page 3 of 3 25104.032\4848-1036-5209.v1 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF HILLSBORO AND TUALATIN VALLEY WATER DISTRICT REGARDING PREDESIGN, DESIGN, PUBLIC AFFAIRS AND PUBLIC OUTREACH IN FURTHERANCE OF THE WILLAMETTE WATER SUPPLY PROGRAM THIS AGREEMENT is made and entered into this (I#11 day of , 2013, between the City of Hillsboro, Oregon, a municipal corporation of the State of Oregon, ("Hillsboro"), and the Tualatin Valley Water District, a domestic water supply district of the State of Oregon ("TVWD"). RECITALS The parties agree upon the following recitals: A. WHEREAS, it is critical to plan and implement long-term water supply needs for public health, safety and welfare and to enable the continued economic viability of Washington County; and B. WHEREAS, TVWD and Hillsboro have selected the Willamette River as their preferred option to meet long-term water supply needs; and C. WHEREAS, TVWD, the City of Sherwood, the City of Tualatin and the City of Tigard are members of the Willamette River Water Coalition (WRWC) and through WRWC, each has pursued use of the Willamette River as a water source under Water Permit No. 49240; and Tigard and Tualatin may wish to participate in the further development of the Willamette Water Supply Program and D. WHEREAS, Washington County (County) has begun its process to acquire right of way, permits, design and construct an extension of its road system known as the S.W. 124th Avenue Project (Road Project) that will connect S.W. Tualatin Sherwood Road with S.W. Grahams Ferry Road. The County has offered to allow TVWD and Hillsboro to locate water facilities within the County right of way as part of the Road Project through an Intergovernmental Agreement to be negotiated and executed in the future ("the 124th Avenue Pipeline Project"). To qualify for inclusion in the Road Project, design plans and specifications must be provided to the County by January, 2014. Initial cost estimates have shown that construction of the SW 124th Avenue Pipeline Project in coordination with the Road Project could result in savings to TVWD and Hillsboro of about $30 million to $75 million as compared to not participating in the Road Project at this time; and E. WHEREAS, Hillsboro and TVWD desire to construct water supply facilities to Page 1—Willamette Water Supply Program Agreement supply and distribute water from the Willamette River Water Treatment Plant ("WRWTP") located in Wilsonville, Oregon, to their respective service areas. These water supply facilities collectively will be referred to herein as the "Willamette Water Supply Program" or "Program". This Agreement provides for the Parties to share the cost of the following elements of the Program identified more fully in Section 3, Scope of Work, to facilitate the planned development of the facilities needed to serve the Parties: design of the initial segment of the pipeline identified as the SW 124th Avenue Pipeline Project; public outreach; public affairs and intergovernmental coordination; right of way and property acquisition services, surveying, geotechnical and environmental studies; preliminary design of the entire water supply system, permitting and final design of a large-diameter pipe segment along and under the general route as it is finally determined on Exhibit A, attached hereto and incorporated by reference, which alignment is subject to modification when final road alignment is determined by the County.; and F. WHEREAS, the SW 124th Avenue Pipeline Project will be part of the overall Willamette Water Supply Program, and as such Hillsboro and TVWD wish to construct the SW 124th Avenue Pipeline Project as part of the Road Project. The SW 124th Avenue Pipeline Project would consist of a large diameter pipeline (approximately 72-inch diameter) within the 124th Street roadway as determined by the County between S.W. Tualatin Sherwood Road and S.W. Grahams Ferry Road and as depicted on Ex. A, subject to modification when final alignment is determined by the County; and G. WHEREAS, the parties desire to share the cost of defined elements of the work necessary to plan and construct the Program and the SW 124th Avenue Pipeline Project described in this Agreement, task order or addenda to be attached hereto and incorporated herein in the future; and H. WHEREAS, the parties not only desire to enter into this Agreement for the purpose of supplying water to their current and future water system users but also potentially to other municipal water providers.; and WHEREAS, it is recognized by the parties that it is necessary to enter into this intergovernmental cooperative agreement through ORS Chapter 190 and the parties have the authority to enter into this Agreement pursuant to their applicable charter, principal acts, and Oregon Revised Statutes_Sections 190.003 through 190.030; and J. WHEREAS, the Parties desire to enter into this Agreement and recognize that future separate Agreements will be negotiated regarding design, construction, operation and governance of those Willamette Water Supply Program facilities; and being fully advised, NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein,the parties agree as follows: 1. INCORPORATION OF RECITALS Page 2—Willamette Water Supply Program Agreement The Recitals above are hereby made part of this Agreement. 2. TERM This Agreement shall continue in effect until the scope of work is completed and all costs pertaining thereto have been apportioned to the Parties, and payment therefore has been made, unless otherwise agreed to in writing by the Parties. 3. SCOPE OF WORK 3.1 Project. The scope of the Willamette Water Supply Program (Program) is generally described to include a water treatment plant in Wilsonville, a large-diameter (approximately 72-inch) water transmission pipeline from Wilsonville to the TVWD and Hillsboro water distribution systems, and terminal storage.. This Agreement addresses only limited work (Project) in furtherance of the Program. The Parties agree that the Scope of Work of the Project under this Agreement is: 3.1.1 Public Outreach to those interested persons or communities who may be impacted by the Program. 3.1.2 Public Affairs and Intergovernmental Coordination with Federal, State and local governments and agencies who may be impacted or have an interest in the Program or the SW 124th Pipeline Project or otherwise have a permitting or regulatory role. 3.1.3 Identification of property ownership, areas of need, development of negotiation and acquisition strategies and services in support of acquisition of right of way or property ownership for the Program. 3.1.4 The conduct of surveys, geotechnical investigations and all other studies necessary to determine routing of the pipeline and other Program matters. 3.1.5 The completion of a Preliminary Engineering study for the Program in its entirety including treatment,transmission and storage components. 3.1.6 The completion of a final design for the SW 124th Avenue Pipeline Project to be included in the Road Project. 3.1.7 The retention of such consultants as the Parties deem appropriate to achieve the tasks generally described above. 3.1.8 In furtherance of the general descriptions above, the Parties will agree on a detailed scope of the specific task, budgets and cost share participation which will be Page 3—Willamette Water Supply Program Agreement memorialized by task order or addenda to this Agreement. 3.2 Sufficient Funds. It is understood and agreed that based upon the final task scope, budget and cost share participation for the Project Components in Section 3.1 above, the allocation of costs will be agreed upon and each party will budget sufficient funds for its respective share in the Program and the SW 124th Avenue Pipeline Project as identified herein. 4. PROGRAM AND PROJECT COSTS 4.1 Cost Share. Cost share is the percentage of Program cost allocated to a party as determined by this Agreement, a task order or addenda, or as modified by execution of a Joinder Agreement. The Program is intended to have an actual peak design capacity of 85 million gallons per day (mgd). A Party's election of planned capacity share in the Program or the S.W. 124th Avenue Pipeline Project will determine that Party's share of the costs to complete the Scope of Work identified in this Agreement. Until amended, Hillsboro shall have a cost share and capacity share interest of 30/85 and TVWD will have a cost share and capacity share interest of 55/85th. No other party shall have any interest therein unless mutually agreed upon and by execution of a Joinder Agreement. A form of Joinder Agreement is attached as Ex. B. 4.2 Project Cost. Project cost includes all direct and indirect costs of the Project as determined by the Project Manager. The direct and indirect direct costs of the Scope of Work (Section 3.1) shall be shared by the Parties in proportion to their cost share amount as reflected in the specific addendum for that component. Costs will also include reimbursement to TVWD or another Party providing administration services delegated by task order or addenda at then current hourly rates for staff time. TVWD will invoice each Party monthly for the Project costs for the previous 30 days with such detail as the Party reasonably requires verifying the amount to be paid. Each Party shall pay its share within 30 days after receipt of invoice. In the event of a dispute, the Party shall pay the undisputed portion and notify TVWD in writing of its reasons for disputing the full payment amount. Any amount not paid within 30 days from the date of the original invoice will bear interest at the State of Oregon Local Government Investment Pool rate. 4.3 Subsequent Agreements. The Parties agree that construction, ownership, governance, operation, maintenance, repair and replacement, expansion of facilities and other matters of the Program will be determined by subsequent Agreement. No Party shall be obligated to enter into or contribute financially to any construction contract or property acquisition for the SW 124th Avenue Pipeline Project until such time as the Parties have entered into the future separate agreements to address ownership, management and governance with respect to the Program. 4.4 Budget. Annually, , TVWD shall prepare and distribute to each party by January 31St a forecast of anticipated costs for the Willamette Water Supply Program for that ensuing fiscal year beginning July 15t. Each Party shall be responsible to budget and appropriate its share for the upcoming fiscal year. Page 4—Willamette Water Supply Program Agreement 5. PROJECT MANAGEMENT 5.1 Project Manager. TVWD is designated as the Project Manager for the Scope of Work and the duration of this agreement. 5.2 Project Management Team. The Project Management Team shall consist of the TVWD Chief Executive Officer and the Hillsboro Water Department Director, or their designees. TVWD, as the Project Manager, will report, as often as necessary considering the task at hand, to the Project Management team for decisions. Except as required under a Party's charter, statutes, ordinances, or governing body policies, the designated member of the Project Management Team or their designee shall have authority to make decisions required to carry out their obligations under this Agreement. 5.3 Committees. The Project Management Team shall have the power to appoint other committees to advise it on issues determined to be necessary. The Project Management Team may develop an Engineering Design Technical Advisory Committee, a Public Outreach and Affairs Technical Advisory Committee, a Finance Technical Advisory Committee and such other committees as it deems appropriate. 5.4 Approval of Expenditures. The budget allocation for each Party and appropriation shall be approved pursuant to each Party's applicable legal requirements. During the management of the Scope of Work in this Agreement, any change order that will increase an approved contract will require approval by the respective Parties pursuant to their contracting processes within 30 days. All other decisions may be made by the Project Management Team. 5.5 Project Management Authority TVWD is the Project Manager liaison with the County under the Road Project and the other elements identified in the Scope of Work under this Agreement. TVWD shall oversee the execution of each task identified in the Scope of Work, and shall have the following powers: 5.5.1 To enter into contracts for services for each element of the Scope of Work, subject to Section 5.4; 5.5.2 To retain such agents, officers and employees as it deems necessary and to contract services; and 5.5.3 To make decisions related to the SW 124th Avenue Pipeline Project within the Road Project as necessary in case of an emergency requiring immediate action. In such cases, TVWD shall inform Hillsboro of the action(s) taken within one business day. The parties acknowledge that the construction of the Road Page 5—Willamette Water Supply Program Agreement Project has not been commenced and final decisions on construction of the Road Project belong to the County. 5.6 Road Protect Design Process. As Project Manager, TVWD shall have authority on behalf of the parties to coordinate and be the point of contact with the County in the solicitation of bids and award of contracts for the SW 124th Avenue Pipeline Project. The Parties must approve the design and construction documents for inclusion in the Road Project and the bid and award of the SW 124th Avenue Pipeline Project portion of the contract. 6. DEFAULTS 6.1 Event of Default. The failure of a Party to perform any duty imposed upon it by this Agreement shall constitute a default. 6.2 Notice of Default. The non-defaulting Party shall have the right to give the defaulting Party a written notice of default, which shall describe the default in reasonable detail and state the date by which the default must be cured,which date shall be at least 60 days after receipt of the notice of default, except in the case of a failure to make full payment, in which case the date shall be 30 days after receipt of the notice of default. 6.3 Opportunity to Cure. If within the applicable period described in Section 7.2 the defaulting Party cures the default, or if the failure is one (other than the failure to make full payments)that cannot in good faith be corrected within such period and the defaulting Party begins to correct the default within the applicable period and continues corrective efforts with reasonable diligence until a cure is effected, the notice of default shall be inoperative, and the defaulting Party shall lose no rights under this Agreement. If, within the specified period,the defaulting Party does not cure the default or begin to cure the default as provided above,the non-defaulting Party at the expiration of the applicable period shall have the rights specified in Section 6.4. 6.4 Rights Upon Default. If the defaulting Party has not cured the default as provided in Section 7.3, it shall have no rights under this Agreement until the default has been cured. In addition,the non-defaulting Party may pursue any other remedy available at law or in equity against the defaulting Party subject to the dispute resolution procedures of Section 7.17. Page 6—Willamette Water Supply Program Agreement • 6.5 Reallocation. If a Party is terminated for default,the remaining parties shall undertake to share proportionately in the amount the terminated party was obligated to pay and cost share shall be reallocated accordingly, unless the remaining Parties otherwise agree. 7. GENERAL PROVISIONS 7.1 Future Agreements. The Parties acknowledge that the terms and conditions of this Agreement may be superseded or replaced by a subsequent agreement to provide for construction, ownership, governance, operation, maintenance repair, replacement and expansion of the Program to connect the Willamette WTP with their respective service areas. 7.2 Instruments of Further Assurance. From time to time, at the request of either Party, each Party shall, without further consideration, execute and deliver such further instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement consistent with its terms. 7.3 Terminology. The captions beside the section numbers of this Agreement are for reference only and shall not modify or affect this Agreement in any manner whatsoever. Wherever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. Further, Party or Parties shall mean TVWD, Hillsboro or a local government entity who enters into this Agreement by execution of a Joinder Agreement. 7.4 Assignment. No Party shall have the right to assign its interest in this Agreement (or any portion thereof),without the prior written consent of the other Party . 7.5 Severability. In case anyone or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 7.6 Counterparts. This Agreement may be executed in any number of counterparts and by the parties or separate counterparts, any one of which shall constitute an agreement between and among the parties. 7.7 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: If to Hillsboro: City of Hillsboro Water Department Director 150 E. Main Hillsboro, OR 97123 Page 7—Willamette Water Supply Program Agreement If to TVWD: Tualatin Valley Water District Chief Executive Officer 1850 SW 170th Avenue Beaverton, OR 97006 7.8 Amendment. This Agreement may be amended only if both parties concur in the proposed amendment by a written agreement, signed by authorized representatives of each party. 7.9 Books Reports & Accounting. TVWD shall maintain books and records which shall show all income, receipts, expenses and costs in connection with its rights and duties under this Agreement. All such books of account or other records may be examined and copies of books and records made by TVWD staff at reasonable times upon reasonable notice. 7.10 Waiver. The failure of a Party to insist on the strict performance of any provision of this Agreement or to exercise any right, power or remedy upon a breach of any provision of this Agreement shall not constitute a waiver of any provision of this Agreement or limit the Party's right thereafter to enforce any provision or exercise any right. 7.11 Force Majeure. The obligations of a Party, other than the payment of money, shall be suspended to the extent and for the period that performance is prevented by any cause, whether foreseen, foreseeable or unforeseeable, beyond the Party's reasonable control if the Party is making a good faith effort to resolve or avoid the cause, including without limitation labor disputes (however arising and whether or not employee demands are reasonable or within the power of the Party to grant); acts of God, laws, regulations, orders, proclamations, instructions or requests of any non-party government or governmental entity; judgments or orders of any court; inability to obtain on reasonably acceptable terms any public or private license, permit or other authorization; curtailment or suspension of activities to remedy or avoid an actual or alleged, present or prospective violation of federal, state, or local environmental standards; acts of war or condition arising out of or attributable to war, whether declared or undeclared; riot, civil strife, insurrection or rebellion, fire, explosion, earthquake, storm, flood, sinkholes, drought or other adverse weather conditions; delay or failure by suppliers or transporters of materials, parts, supplies, services or equipment or by contractors' or subcontractors' shortage of,or inability to obtain, labor,transportation, materials, machinery equipment, supplies, utilities or services; accidents, breakdown of equipment, machinery or facilities, or any other cause whether similar or dissimilar to the foregoing, provided that the affected Party shall give notice to the other Party within 10 business days of the suspension of performance, stating in such notice the nature of the suspension, the reasons for the suspension and the expected duration of the suspension. The affected Party shall resume performance as soon as reasonably possible. 7.12 Implied Covenants. The Parties agree that in construing this Agreement no covenants shall be implied between the Parties except the covenants of good faith and fair dealing. Page 8—Willamette Water Supply Program Agreement 7.13 Governing Law. This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of Oregon. 7.14 Remedies Not Exclusive. Each and every power and remedy specifically given to the non-defaulting Parties shall be in addition to every other power and remedy now or hereafter available at law or in equity (including the right to specific performance), and each and every power and remedy may be exercised from time to time and as often and in such order as may be deemed expedient. All such powers and remedies shall be cumulative, and the exercise of one shall not be deemed a waiver of the right to exercise any other or others. No delay or omission in the exercise of any such power or remedy and no renewal or extension of any payments due under this Agreement shall impair any such power or remedy or shall be construed to be a waiver of any default. 7.15 Survival of Terms & Conditions. The provisions of this Agreement shall survive its termination to the full extent necessary for their enforcement and the protection of the Party in whose favor they run. 7.16 Time is of the Essence. A material consideration of the Parties entering into this Agreement is that the Parties will make all payments as and when due and will perform all other obligations under this Agreement in a timely manner. Time is of the essence of each and every provision of this Agreement. 7.17 Dispute Resolution. The Parties hereby agree that resolution of any and all disputes arising out of the terms of this Agreement or interpretation thereof shall follow a prescribed process beginning with negotiation and subsequently moving to mediation, provided the dispute remains unresolved. If a dispute arises between the parties regarding this Agreement,the parties shall follow the dispute resolution provisions below: 7.17.1 Written Notice. A written notice regarding the dispute (Dispute Notice) shall be sent to the other party. If additional Parties join this Agreement, the references to account for multiple parties shall be adjusted per Section 8.3. 7.17.2 Negotiations. Within thirty (30) days following receipt of the Dispute Notice, the parties to the dispute ("Disputing Parties") shall assign a representative to participate in good faith negotiations for a period not to exceed sixty (60) days after appointment of the representatives. 7.17.3 Mediation. If after the sixty (60) day period of negotiation (or a period not to exceed ninety (90) days following the receipt date of the Dispute Notice), the dispute(s) cannot be resolved, the Disputing Parties agree to submit the matter to non-binding mediation. The Disputing Parties shall attempt to agree on a mediator in a period not to exceed one hundred twenty (120) days following the receipt date of the Dispute Notice and proceed accordingly. Page 9—Willamette Water Supply Program Agreement 8/7/13 dispute(s) cannot be resolved, the Disputing Parties agree to submit the matter to non-binding mediation. The Disputing Parties shall attempt to agree on a mediator in a period not to exceed one hundred twenty (120) days following the receipt date of the Dispute Notice and proceed accordingly. 7.17.4Li tigation. If the Parties cannot agree on a mediator within the allocated time, or if the mediator cannot resolve the dispute(s) within one hundred eighty (180)days following the receipt date of the Dispute Notice, either of the Disputing Parties may initiate litigation in the Circuit Court of the State of Oregon for Washington County and seek all available remedies. Moreover, each of the Disputing Parties shall bear its own legal and expert witness fees at all stages of the dispute resolution process, including at trial or on any appeals. In addition, nothing shall prevent the Disputing Parties from waiving any of the dispute resolution steps by mutual consent. 7.18 New Member. Upon approval by the then Parties to this Agreement, new local government entities may join so long as they execute a Joinder Agreement (Exhibit 13) pursuant to which they agree to be bound by the terms of this Agreement and additional terms and conditions set forth in the Joinder Agreement. IN WITNESS WHEREOF, the parties have, pursuant to official action of their respective governing bodies, duly authorizing the same, caused their respective officers to execute this instrument on their behalf. CITY OF HILLSBORO TUALATIN VALLEY WATER DISTRICT, An Oregon municipal corporation: Domestic water supply district 1tQ,4ik my:K. tetituvii PtcScz'W Chief Executive Officer 11$ APPRO ED AS TO F RM: APPROVED AS TO FORM: ge 4812-ioo9 Y∎A orney District Counsel Attest: Cit Recorder 44Y149 10323581;3 1Pagc 9 Willamette Water Supply Program Agreement 7.17.4 Litigation. If the Parties cannot agree on a mediator within the allocated time, or if the mediator cannot resolve the dispute(s) within one hundred eighty (180) days following the receipt date of the Dispute Notice, either of the Disputing Parties may initiate litigation in the Circuit Court of the State of Oregon for Washington County and seek all available remedies. Moreover, each of the Disputing Parties shall bear its own legal and expert witness fees at all stages of the dispute resolution process, including at trial or on any appeals. In addition, nothing shall prevent the Disputing Parties from waiving any of the dispute resolution steps by mutual consent. 7.18 New Member. Upon approval by the then Parties to this Agreement, new local government entities may join so long as they execute a Joinder Agreement (Exhibit B) pursuant to which they agree to be bound by the terms of this Agreement and additional terms and conditions set forth in the Joinder Agreement. IN WITNESS WHEREOF, the parties have, pursuant to official action of their respective governing bodies, duly authorizing the same, caused their respective officers to execute this instrument on their behalf. CITY OF HILLSBORO TUALATIN VALLEY WATER DISTRICT, An Oregon municipal corporation Domestic water supply district Mayor Mark Knudson, Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO F M City Attorney Clark I. Balfour, District Counsel Attest: City Recorder Page 10—Willamette Water Supply Program Agreement AMENDMENT NO. 1 AGREEMENT NO. 2014-153 INCREASE IN SCOPE FOR DESIGN SUPPORT SERVICES ON THE WILLAMETTE WATER SUPPLY SYSTEM PRELIMINARY DESIGN This Amendment effective December 23, 2013, is between Tualatin Valley Water District ("District") and HDR Engineering, Inc., (Consultant), and amends the parties'Agreement,effective October 8, 2013, ("Original Agreement"). RECITALS 1. PERFORMANCE OF ADDITIONAL WORK. Consultant shall provide project management services for additional intake evaluation work, as outlined in the attached Scope of Work, annotated as Exhibit A to this Amendment. 4. COMPENSATION Compensation for this additional work is estimated to be Thirteen Thousand, Two Hundred Eighty-Nine Dollars, ($13,289.00). The total estimated agreement value is now Three Million, Five Hundred Eleven Thousand, Five Hundred Sixty-Six Dollars, ($3,511,566.00). Except as amended herein,the original Contract shall remain in full force and effect. TUALATIN VALLEY WATER DISTRICT HDR ENGINEERING, INC. / °} _. By: A - .� A ►_,t��'� �'�' Mark Knudson, Chief Executive Officer Date: l (1-77 f I I.c Date: 1 Amendment No. 1 TVWD Agreement No. 2014-153 Amendment 1 - Scope of Work Tualatin Valley Water District Willamette Water Supply System Preliminary Design (RFQ No.TVWD-062613) Contents TASK 1. PROJECT MANAGEMENT 1 Subtask 1.1 Consultant Team Project Coordination/Communication 1 Subtask 1.3 Monthly Progress Reports 1 Subtask 1.4 Project Quality Assurance/Control (QA/QC) 1 TASK 7. EXISTING WATER INTAKE FACILITIES EVALUATION 1 TASK 13. CORRIDOR AND PROPERTY ACQUISITION IDENTIFICATION AND SUPPORT 3 Subtask 13.2 Strategy to Secure Private Property and Easements 3 Amendment 1-SCOPE OF WORK Exhibit A-Amendment 1 HDR Engineering,Inc. TVWD Agreement No. 2014-153 1 December 23,2013 WWSP PreDesign TASK 1. Project Management Provide project management services for additional intake evaluation work. Task Duration--2 months. Subtask 1.1 Consultant Team Project Coordination/Communication Activities: Coordinate project team, including HDR staff and subconsultants, including preparing the amendment and managing communication between team members. Coordinate with Partners' project manager and subconsultant on work activities. Subtask 1.3 Monthly Progress Reports Activities: Review subconsultant monthly progress report and incorporate it into overall progress report. Review subconsultant invoices before submitting to TVWD. Meetings: None. Assumptions:Progress will be incorporated into monthly report that will be delivered each month with invoice. Deliverables:No additional deliverables. Subtask 1.4 Project Quality Assurance/Control (QA/QC) Activities: Verify that subconsultant implements a Quality Assurance and Quality Control Process for each major deliverable and provide a quality assurance process for the duration of the Task deliverables. Request and review QA/QC process by subconsulatnt for the Task. Submit a signed QC review form to the Partners for each major deliverable to document compliance with the QC process. Meetings: None. Assumptions:None. Deliverables: Completed and signed QC review form for each major deliverable. TASK 7. Existing Water Intake Facilities Evaluation Subtask 7.4 Preliminary Intake Screen Technical Support Memorandum Background: David Evans and Associates is preparing a Draft Technical Memorandum regarding the intake screen as Task 7.3 of the Primary Scope of Work. The purpose and Amendment 1-SCOPE OF WORK Exhibit A- Amendment 1 HDR Engineering,Inc. TVWD Agreement No. 2014-153 1 December23,2013 WWSP PreDesign intent of this Technical Memorandum is to guide agency discussions and assist in developing permitting strategies. As part of the development of this Technical Memorandum, HDR has requested technical assistance from MWH to summarize the existing intake screen performance and components when evaluated against current regulatory requirements, and to develop a summary of potential modifications that maybe required for an increase in withdrawal flows at the intake. Of particular need and interest are sweeping and approach velocities for the current condition as well as at potential increased withdrawal flows up to•186 mgd. Other items of interest include developing potential modifications to the screen and • intake that may be required for the current and increased withdrawal flows as a result of the regulatory compliance review and a recommended approach for permitting the potential expansion of the intake including what process would be used to model, design, and complete a fish screen compliance assessment. Scope of Work and Activities: As a result of scoping meetings and discussions held between HDR and MWH on December 11, 2013 and December 16, 2013, a scope of work has been developed that includes the following: MWH to prepare a 3 to•5 page Technical Support Memorandum consisting of: 1) A summary of existing screen openings and dimension. 2) A summary of the sweeping and approach velocities for the existing intake (calculated at 70 mgd) and their relation to current compliance criteria. Include a copy of original calculations, if available. 3) Calculated withdrawal rate at which the current screens are no longer in compliance with current regulations. 4) A summary of potential modifications that will be required for increased withdrawals at the intake, including: _ a) A table summarizing flows between 70 mgd and 186 mgd (in increments of 10 mgd) versus standard screen geometries, indicating sweeping and approach velocities at both high and low river levels. b) A general description of the potential modifications to the screen that may be required for an expansion up to 186 mgd. Amendment 1-SCOPE OF WORK Exhibit A - Amendment 1 HDR R Engineering,Inc. TVWD Agreement No. 2014-153 2 December 23,2013 WWSP PreDesign 5) MWH participation at a Willamette Supply TAC Meeting on January 22, 2014 to present findings(one hour meeting) • 6) MWH participation at agency meetings (up to two 2-hour meetings; no prep work required). Meetings are presumed to occur January 6, 2014 through January 17, 2014 time frame,but prior to TAC Meeting. Assumptions: 1) MWH will evaluate the permit documentation for the existing screens. If a combination of flow rates, river elevations, cross sections or velocities aren't found, then DEA will define high and low river levels and provide corresponding stream velocities at high and low river levels. 2) DEA will define river navigation requirements and provide maximum screen elevations. Deliverables: DRAFT Technical Support Memorandum; FINAL Technical Support Memorandum TASK 13. Corridor and Property Acquisition Identification and Support Subtask 13.2 Strategy to Secure Private Property and Easements Activities: Obtain up to seven additional Title Reports for potential reservoir sites. The Primary Scope of Work included three Title reports for reservoir properties and three for other properties such as the Tualatin River Crossing. Review each report for encumbrances that could impact future development of the project components. Incorporate review comments into Technical Memorandum that will be prepared under Primary Scope Work. • Meetings:No additional meetings. Assumptions:No contacts or coordination with property owners will be conducted. Deliverables: Include comments in Technical Memorandum that will be prepared under Primary Scope Work. Exhibit A - Amendment 1 Amendment 1-SCOPE OF WORK HDR Engineering,Inc. TVWD Agreement No. 2014-153 3 December 23,2013 WWSP PreDesign Amendment 1 -Fee ;a�R•1:nplmadn0,ides: _... .. Willamette W9ter;S�iPPh!P titiilnary esJ n .' .-;: :. Tual Ali I Y3e rift`<� etl 1 aAl rte, _''••- - HDR Eti ineerl6 Inc. 9 E .tip - c e �e ryr: J•S, _ Y 4: Amendment 1 c g e e g _;1. ddi Tonal Intake Evaluation Services- r A F I ;'l,ws S e r a m 'S S`S e 4 v c - n u r. r�.'.: 7. •f_-Oi 5 •55 5 101. 5 ed ... '.5 190 S 193 $ 233 5 140 5 115 $ 100 1:. ti S 1 "Tack Daaen lion •' ' -✓✓� •z' Teak 1 Pro'et Mane ement 1.1 Consultant TeamPrefectCo tnattonlCommunlu1 Ion $ I $, 4 3 707 $ '-13 5 10 I $ 25 3 512 • 1 5 - $ • 5,:-.•-.-.5.:.812 ' 1.3 Monthly Prograsa Reports 2 2 4 $ 314 3 1S S 10 I S 25 5' 339. 5 - J - .0'1..i=.5 239 1.4 Project Quality Assurance/Control(QA/QC) ' 2 2 5 332 3 7 S 10 4 i 9 17 .5...35D suh.egl : 4 a 2 2 4' 10 S 1,433 5 37 S 30 $ • $ 1 S E7 $ 1,500. 0 0 0' 0 D 0 S - S - S -. 5 1.500 j ' 1.4 (Preliminary Intake Semen TschnIcsl Evaluation Memorandum 4 I 2 I 6 5 1,021 S 22 ) 40 I ..1_ 62 5..1003 1, 14 8 $ &S 5,150•S 143 5.5.204 5 5642 TAC and Agency Makings If 0 6 5 • I 6 - s- 6 S 1,140 2.1.142 5•1.197 Oak-14141 4 0 2 0 0 1 5 1,021 5 22 5 5 40 $ S 62 5 l 05J 8 2 14 B 2 2 S 0,290 5 144 S 6,474 S .7.078 Teak-13..camsar and;Properly Acguialtlonidentl9eatlon•4.Support Si;.v-�Y-:,, ;.:':.i-i12544i25.1" 4', . v' '..r:-..'1:=.. .. ,.:;:i . . .. %:G;t`.•f•i.•':•t • 13.2 Additional Title Reports for Property Acqu:silior 4 4 2 10 3 1;703 S 37 $ 30 $2,100 S 2.187 S 3.950 $ - S 5 3.9'_0 4 4 2 0 0 40 $ 1.762 3 37 S 60'5 $1100 32.187 S S 952 0 0 0 0 0 0 3 $ ,S 0 2,350 Hears . - ...7 10' ;4"r': A 0,,:"•:t 4-r 0" 5 5,.F:., 6 2, 14,..,:,*-^,....t5 3.:;1 2 f lei-u tirr : " 1 ;Fee:_ 52 273, 5742 - 5356 -S2D2 sees' 5 dY17 S SE�,�S 55 5 '!60 32,1CC 2,715 5. 5574- S'I,140 3580 220:31,T20_4:1230`::5209,3261211513 4-...t.--4144.-5�i3O.74 i Sua•consultsrL8udget wl.Mark-up f 1 54,-503,S ,f6a�_j,5.753 S 13,219_ : :: ._ - _. .. .:.-- • . CO • IS) N- C— 0 C Z r- E C 6— r . Q r1 X © W � I-- • AGREEMENT NO.2014-153 TUALATIN VALLEY WATER DISTRICT PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SUPPORT SERVICES ON THE WILLAMETTE WATER SUPPLY SYSTEM PRELIMINARY DESIGN THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is effective September 24, 2013 by and between Tualatin Valley Water District ("District") and HDR Engineering, Inc. ("Consultant"), with offices in Portland,Oregon. RECITALS District requires the services of an individual or entity with the particular training, ability, knowledge and experience possessed by Consultant for providing professional engineering consulting services. The parties agree that Consultant shall provide District with such services subject to certain conditions. The parties agree to set forth the terms and conditions of their agreement in this Professional Services Agreement. AGREEMENT 1. PERFORMANCE OF WORK. Consultant shall use its best efforts to perform the required work herein as outlined in the attached Exhibit A, Final Scope of Work and Schedule including providing such advice, recommendations and information as requested by the District. The standard of care applicable to Consultant's services shall be the degree of skill and diligence normally employed by Consultants performing the same or similar services for the authorized work at the time the services are performed. Consultant shall re-perform any services not meeting this standard without additional compensation. 2. QUALIFICATIONS. All services shall be performed by qualified personnel under the supervision of professional, licensed or otherwise qualified by the State of Oregon to perform said services. 3. EFFECTIVE DATE AND DURATION OF AGREEMENT. This Agreement is effective September 24, 2013. Unless earlier terminated,this Agreement shall remain in full force and effect until December 31, 2015, on which date it shall expire unless extended by mutual consent of the parties via amendment to the Agreement. 4. COMPENSATION. District agrees to pay Consultant's fee relating to Consultant's performance on Tasks 1 through 19, as set forth in Exhibit B, Fee Estimate and Summary Fee. Compensation under this Agreement shall be on a time and materials basis and shall not exceed Three Million, Four Hundred Ninety-Eight Thousand, Two Hundred Seventy-Seven Dollars, ($3,498,277.00), including all expenses. The District reserves the right to negotiate Task No. 20 for a fee not to exceed Six Hundred Seventy-Nine Thousand, Six Hundred Ninety Three Dollars, ($679,693.00). Consultant shall present District with one 1 TVWD Agreement No. 2014-153 invoice monthly. Changes to the Scope of Work and any increases in fee must be pre-approved by the District via an Amendment to this Agreement. 5. CHANGES. Neither this Agreement, including any of the agreement documents shall be waived, altered, modified, supplemented, extended or amended, in any manner whatsoever, except by written instrument, executed by both parties. No changes to the Agreement will be effective until approved in writing by District via amendment. • 6. DISTRICT FURNISHED DATA. District shall provide to Consultant data required for performance of the work. However, nothing herein shall relieve Consultant from making such independent review and verification of information provided as necessary to meet Consultant's standard of care as set forth in Article 1. Consultant shall notify District of data that does not appear to meet the standard of care set forth in Article 1. 7. INDEPENDENT CONTRACTOR STATUS. Consultant shall be free from direction and control over the means and manner of providing the labor or service, subject only to the specifications of the desired results. Consultant is responsible for obtaining all assumed business registrations or professional occupation licenses required by state or local law. Consultant shall furnish the tools or equipment necessary for the contracted services. Consultant certifies that it is an independent contractor and will be responsible for any federal or state taxes applicable to any payments made under this Agreement. Consultant is not entitled to indemnification by the District or the provision of a defense by the District under the terms of ORS 30.285. 8. SUCCESSORS, ASSIGNS AND SUBCONTRACTORS. Each party binds itself, and any partner, successor, executor, administrator, or assign to this Agreement. Neither the District nor the Consultant shall assign, or transfer their interest or obligation hereunder in this Agreement without the written consent of the other. Consultant must seek and obtain the District's written consent before subcontracting any part of the work required under this Agreement. Any attempted assignment, transfer,or subcontract for this work shall be void. 9. THIRD-PARTY BENEFICIARIES. District and Consultant recognize and acknowledge that the design services described in this Agreement and provided by Consultant are for the purpose of constructing and installing a potable water main in a public right of way to serve the District and the City of Hillsboro. Consultant and District recognize and acknowledge that the potable water main will be jointly owned and operated by the District and the City of Hillsboro. Accordingly, District and Consultant recognize and acknowledge the City of Hillsboro is a third-party beneficiary of the design services described in this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. 10.1 Generally Consultant shall keep itself fully informed of and shall fully comply with all federal, state, regional, and local laws, rules, regulations, ordinances, and orders pertaining in any manner to this Contract and the rules, regulations and orders of any agency or authority having jurisdiction over the work under this Contract or persons employed or engaged therein. Consultant shall pay all taxes, including federal, state, regional, county, and city taxes, and taxes of any other governmental entity, applicable to the services. performed or materials provided under this 2 TVWD Agreement No.2014-153 Contract. All permits, licenses, and fees necessary for prosecution and completion of the Work shall be secured and paid for by Consultant, unless otherwise specified by District. The following paragraphs include, without limitation, the standard contract clauses that are required in every public contract in accordance with the Oregon Revised Statutes. As such these paragraphs are applicable, to the extent they apply, to this Contract. This Contract shall include by reference any other standard contract clauses required by federal, state, and local laws, ordinances, and regulations. 10.2 Prompt Payment Consultant shall promptly pay as due all of its obligations arising out of or in connection with the Work, including, but not limited to, payments (1) to all persons supplying to Consultant labor, equipment, services, or materials for the performance of the Work; (2) of all contributions or amounts due the Industrial Accident Fund from Consultant or any sub consultant incurred in the performance of the Work; and (3) to the Department of Revenue of all sums withheld from employees under ORS 316.167. 10.3 Hours of Labor Consultant shall pay employees at least time and a half pay for all overtime in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. 10.4 Workers'Compensation All employers, including Consultant, that employ subject workers who work under this Contract in the state of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. Consultant shall_ensur_e_thateach_ofitsssulzcontra_ctors complies with these requirements. 10.5 Prompt Payment for Medical Services Consultant shall promptly make payment, as due, to any person, co-partnership, association, or corporation furnishing medical, surgical, or hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Consultant, of all sums that Consultant agrees to pay for the services and all moneys and sums that Consultant collected or deducted from the wages of employees under any law, contract, or agreement for the purpose of providing or paying for the services. 10.6 Compliance with Laws/Tax Laws Consultant shall comply with all applicable federal, state, and local laws, statutes, codes, regulations, rules, orders, and rulings including, without limitation, those governing labor, materials, equipment, construction procedures, safety, health, sanitation, and the environment. Consultant agrees to indemnify, hold harmless, reimburse, and defend District from and against any penalties or liabilities arising out of violations of such obligations by Consultant or its sub consultants or suppliers at any tier. 3 TVWD Agreement No.2014-153 10.7 Recycled Materials Consultant, in performance of the work under this Contract, shall use recycled paper as defined in ORS 279A.010 (1) (ee), recycled PETE products as defined in ORS 279A.010 (1) (ff), and other recycled plastic resin products to the maximum extent economically feasible. 10.8 Liens Consultant shall not permit any lien or claim to be filed or prosecuted against the state or a county,school district, municipality, municipal corporation, or subdivision thereof on account of any labor or materials furnished. 11. INSURANCE. Consultant shall provide to the District certificates of insurance prior to beginning any work under the Agreement documents and shall maintain in full force and effect for the term of this Agreement, at Consultant's expense; comprehensive general liability insurance, automobile liability insurance, umbrella liability insurance, and professional liability insurance covering bodily injury, including death, and property damage. Automobile insurance shall include coverage for owned, non- owned or hired vehicles,as applicable for the protection of the Consultant and the District, its members, officers, boards, agents and employees arising out of Consultant's negligence. Contractor agrees to maintain commercial automobile liability insurance in the amount of not less than One Million Dollars ($1,000,000) combined single limit. Comprehensive general liability insurance coverage limits shall be set at not less than One Million Dollars ($1,000,000) applicable to bodily injury, sickness, or death for any one occurrence,and One Million Dollars ($1,000,000) for loss of or damage to property for any one occurrence; or a general aggregate of Two Million Dollars ($2,000,000). Consultant agrees to maintain umbrella/excess liability insurance for comprehensive general liability and automobile liability in the amount of not less than One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate. Consultant shall also obtain professional liability insurance for its errors and omissions with limits set at not less than Two Million Dollars($2,000,000) per claim and Four Million Dollars ($4,000,000) in the aggregate. Consultant shall name District, its members, officers, boards, agents and employees and the City of Hillsboro, the Hillsboro Utilities Commission, its members, Officers, boards, agents and employees as additional named insureds on the automobile and general liability policies of insurance for Consultant's negligent acts. The policy shall be issued by a company authorized to do business in the State of Oregon and shall protect Consultant against liability for contractual liability. Consultant shall provide District and the City of Hillsboro a copy of an endorsement of the policy(s)that demonstrates compliance with this Section 11. The District prefers all insurance coverage to be written on an "occurrence" basis. But if any of the required liability insurance is on "claims made" basis, "tail" coverage will be required at expiration of this contract and completion of all work for a duration of 24 months. Consultant shall furnish certification of "tail" coverage as described or continuous "claims made" liability coverage for 24 months following Agreement expiration. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of the Agreement. If Continuous "claims made" coverage is used, Consultant shall be required to keep the coverage in effect for a duration of not less than 24 months from the expiration date of the Agreement This will be a condition of the final acceptance of work or services. The Consultant is the sole proprietor or a partner or is an insured employer for purposes of the Oregon Workers' Compensation law (ORS Ch. 656) and is solely liable for any workers'compensation coverage 4 TVWD Agreement No.2014-153 • under this Agreement. If the Consultant has the assistance of other persons in the performance of this Agreement, the Consultant agrees to qualify and remain qualified for the term of this Agreement as an insured employer under ORS 656.407. Consultant shall maintain employers' liability insurance with limits of$100,000 for each accident, $100,000 for illness coverage for each employee, and a $500,000 policy limit. 12. INDEMNIFICATION. Consultant shall indemnify, defend, save and hold harmless District and the City of Hillsboro, its members, officers, boards, agents and employees against all liability, claims, suits or actions of whatsoever nature, loss or expenses, including attorney fees,and against all claims, actions or judgments based upon or arising out of damage, injury or death to persons or property to the extent caused by any negligent act or omission by the Consultant. Consultant shall obtain similar indemnification for anyone acting on Consultant's behalf in connection with, or incidental to, this Agreement for the work to be performed hereunder for that person or entity's negligence. Provided, however,that nothing herewith shall be construed to require indemnification of the District and the City of Hillsboro attributable to their own negligence. 13. CONFIDENTIALITY. No reports, information and data given to or prepared or assembled by Consultant under the Agreement documents shall be made available to any individual or organization by Consultant without the prior written approval of District. 14. RECORD KEEPING. Consultant shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles for a minimum of three (3) years, except as required longer by law. 15. ACCESS TO RECORDS. Consultant agrees that District, its authorized representatives, and the City of Hillsboro shall have access to all books, documents, papers and records of the Consultant which are directly related to the Agreement for the purpose of making any audit,examination,copies,excerpts and transcripts. 16. FOREIGN CONTRACTOR. If Consultant is not domiciled in Or registered to do business in the State of Oregon, Consultant shall promptly provide to the Oregon Department of Revenue and the Oregon Corporation Division all information required by those agencies relative to this Agreement. Consultant shall demonstrate its legal capacity to perform these services in the State of Oregon prior to entering into this Agreement. 17. GOVERNING LAW;JURISDICTION; VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. The venue shall lie in the Circuit Court of the State of Oregon for the County of Washington. 18. OWNERSHIP OF WORK PRODUCT; LICENSE. All work products of Consultant that result from this Agreement ("the work products") are the exclusive property of District and the City of Hillsboro. If any of the work products contain intellectual property of Consultant that is or could be protected by federal copyright, patent or trademark laws or state trade secret laws, Consultant hereby grants District and the City of Hillsboro a perpetual, royalty-free fully paid, non-exclusive and irrevocable license to copy, reproduce, deliver, publish, perform, dispose of, use and re-use, in whole or in part, and to authorize others to do so, all such work products and any other information, designs, plans, or information provided or delivered to District or produced by Consultant under this Agreement. The 5 TVWD Agreement No. 2014-153 parties expressly agree that all works produced pursuant to this Agreement are works specifically commissioned by District and that Consultant shall obtain written permission from District before publishing,displaying or using any work or work products resulting from this Agreement. 18.1 All original written material and other documentation, including background data documentation, and staff work that is preliminary to final reports, originated and prepared for District under the agreement documents, shall be the exclusive property of District and the City of Hillsboro. Consultant will not use any written or other materials developed for District and Hillsboro under the agreement documents in developing materials for others, except as may be specifically provided in writing to the contrary. 18.2 This Agreement shall not preclude Consultant from independently developing materials which may be similar to materials developed pursuant to the Agreement documents. 18.3 Any re-use or modification of the documents for purposes other than those intended shall be at the District's and the City's sole risk. 19. ERRORS. Consultant shall perform such additional work as may be necessary to correct errors in the Work required under this Agreement without undue delay and without additional cost. 20. SUSPENSION,DELAY OR INTERRUPTION OF WORK. District may suspend, delay, or interrupt all or part of the work being performed by Consultant for District's convenience. In the event of suspension, delay or interruption of work, District shall compensate Consultant per the agreed upon compensation rates in the work Order, for work satisfactorily performed to the date of suspension,. delay or interruption of Work. 21. TERMINATION.This Agreement may be terminated at any time by mutual consent of both parties, or by either party upon sixty (60) days written notice, delivered by certified mail or by facsimile as outlined below. Mike Britch,Chief Engineer Tualatin Valley Water District - 1850 SW 170th Ave. Beaverton, OR 97006 Fax: (503)649-2733 Telephone: (503)848-3045 Jeffrey Fuchs, P.E.,Assoc.Vice President HDR Engineering, Inc. 1001 SW 5th Ave.,Suite 1800 Portland,Oregon 97204 Fax: (503)423-3737 Telephone: (503)423-3852 22. DISTRICT AND CONSULTANT REPRESENTATIVES. The District's representative is Mike Britch,telephone: (503) 848-3045,e-mail: mikeb@tvwd.org. Mr. Britch is empowered to act for the District in accordance with the provisions of this Agreement, where such acts are not contrary to laws or ordinances. Consultant's Representative is Jeff Fuchs, 6 TVWD Agreement No.2014-153 telephone: (503)423-3852,e-mail: ieffrev.fuchsPhdrinc.com. 23. ATTORNEY FEES. If a suit or action is filed to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any such amount which a court, including any appellate court, may adjudge reasonable as attorney fees. 24. SEVERABILITY. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be valid. 25. FORCE MAJEURE. Neither District nor Consultant shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond, respectively, District's or Consultant's reasonable control. 26. WAIVER. The failure of District to enforce any provision of this Agreement shall not constitute a waiver by District of that or any other provision. 27. MERGER. This Agreement and attached exhibits constitute the entire agreement between the parties. No waiver, consent, modification of change of terms of this Agreement shall bind either party unless in writing and signed by both parties. 28. MEDIATION. Should any dispute arise between the parties to this Agreement, it is agreed that such dispute will be submitted to a mediator prior to any litigation, and the parties hereby expressly agree that no claim or dispute arising under the terms of this Agreement shall be resolved other than first through mediation and, only in the event said mediation efforts fail, through litigation. The parties shall exercise good faith efforts to select a mediator who shall be compensated equally by both parties. Mediation will be conducted in Portland, Oregon, unless both parties agree in writing otherwise. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. If party requests mediation and the other party fails to respond within 10 days,or if the parties fail to agree on a mediator within 10 days, a mediator shall be appointed by the presiding judge of the Washington County Circuit Court upon the request of either party. The party shall have any rights at law or in equity with respect to any dispute not covered by this Section. 29. ENTIRE AGREEMENT. This Contract represents the entire understanding of the District and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Contract may not be modified or altered except in writing signed by both parties. 7 TVWD Agreement No. 2014-153 IN WITNESS WHEREOF,the parties have executed this Agreement effective the day and year first above written. TUALATIN VALLEY WATER DISTRICT HDR ENGINEERING, INC. By: Mark Knudson, Chief Executive Officer z Title:WAIMpirr Date: / (t 3 Date: /6 — Q -13 Attachments: Exhibit A: Final Scope of Work and Schedule Exhibit B: Fee Estimate and Summary Fee 8 TVWD Agreement No.2014-153 Tualatin Valley Water District Exhibit A - Final Scope of Work Willamette Water Supply System Preliminary Design TVWD Contract No. 2014-153 Contents INTRODUCTION 1 KEY OBJECTIVES 1 TASK 1. PROJECT MANAGEMENT 2 Subtask 1.1 Consultant Team Project Coordination/Communication 2 Subtask 1.2 Project Guide Preparation(Project Management Plan) 2 Subtask 1.3 Monthly Progress Reports 2 Subtask 1.4 Project Quality Assurance/Control (QA/QC) 3 Subtask 1.5 Project Coordination—Meeting Attendance 3 Subtask 1.5.1 Preliminary Design Project Team Meetings 3 Subtask 1.5.2 Stakeholder Meetings 4 Subtask 1.6 Decision Log and Project Records 4 Subtask--1:671 Decision-Log Subtask 1.6.2 Project Records 4 Subtask 1.7 Risk Registry 5 Subtask 1.8 Preliminary Design Project Schedule 5 Subtask 1.9 Team Chartering 6 Subtask 1.9.1 Prechartering Planning Meeting 6 Subtask 1.9.2 Chartering Session 6 Subtask 1.9.3 Charter Confirmation Session 7 Subtask 1.9.4 Charter Follow-up and Feedback Sessions 7 TASK 2. BASE INFORMATION 7 Subtask 2.1 Base Map Development 7 Subtask 2.1.1 Concept—Level GIS Mapping 8 TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 1 September 20,2013 Subtask 2.1.2 Preliminary—Level GIS Mapping for Preferred Concepts 8 Subtask 2.2 Geotechnical Investigations 9 Subtask 2.2.1 Corridor Geologic and Geotechnical Data Collection and Review 9 Subtask 2.2.2 Seismic Hazard Assessment 10 Subtask 2.2.3 Geologic Field Reconnaissance 11 Subtask 2.2.4 Geohazard Maps 11 Subtask 2.2.5 Interpretive Geologic Profiles 11 Subtask 2.2.6 Geotechnical Investigation Plan 12 Subtask 2.2.7 Geotechnical Explorations 12 Subtask 2.2.8 Borehole Logs 14 Subtask 2.2.9 Laboratory Testing 15 Subtask 2.2.10 Preliminary Geotechnical Data Report 15 Subtask 2.3 Existing Document Review 15 Subtask 2.4 Hazardous Materials Corridor Study 16 TASK 3. ALIGNMENT EVALUATION 18 Subtask 3.1 Establish Selection Criteria 18 Subtask 3.2 Develop Preliminary List of Alignment Alternatives 19 Subtask 3.3 Screen Alternatives 19 Subtask 3.4 Refine Alternatives and Identify Preferred Alternative 20 Subtask 3.5 Determine Requirements to Secure Preferred Alignment 21 Subtask 3.6 Seismic Evaluations 22 Subtask 3.7 Geotechnical Analysis Technical Memorandum for Pipeline Alignment 22 Subtask 3.8 Tualatin River Crossing Evaluation 23 Subtask 3.9 Trenchless Evaluations 24 TASK 4. STORAGE EVALUATION 24 Subtask 4.1 Viability Criteria for Terminal Storage Sites 24 Subtask 4.2 Preliminary List of Viable Terminal Storage Sites 25 Subtask 4.3 Selection Criteria for Terminal Storage Sites 26 Subtask 4.4 Preferred Terminal Storage Alternative 26 Subtask 4.5 Allocation of Terminal Storage Volume and Operational Accounting of Stored Water 27 TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 2 September 20,2013 Subtask 4.6 Maintenance and Inspection Activities for Terminal Storage Facility 27 TASK 5. EVALUATE FEASIBILITY OF ASR FACILITIES AS ADDITIONAL STORAGE 28 Subtask 5.1 ASR Water Quality Compatibility Assessment with Willamette River Source 28 TASK 6. SYSTEM HYDRAULIC EVALUATIONS 28 Subtask 6.1 Establish Base Hydraulic Model, Hydraulic Design Criteria, and Operating Conditions 28 Subtask 6.2 Transmission Alignment and Terminal Site Alternatives and Evaluation 30 Subtask 6.3 Minimum and Maximum System Hydraulic Grade lines 31 Subtask 6.4 Appurtenance Hydraulic Requirements 32 Subtask 6.5 Update Hydraulic Model 32 Subtask 6.6 Hydraulic Transient Analyses 33 Subtask 6.7 WWSS Water Quality 33 TASK 7. EXISTING WATER INTAKE FACILITIES EVALUATION 34 Subtask 7.1 Establish Future Demands on the Willamette Supply. 34 Subtask 7.2 Intake Permitting Analysis 34 Subtask 7.3 Preliminary Fish Screen Compliance Memorandum 35 TASK 8. CULTURAL AND NATURAL RESOURCES INVESTIGATIONS AND PERM TTING 36 Suhtask aJ GulturaLand.Natur_al_Resciur sinv_eatigations_ 36 Subtask 8.1.1 Cultural Resources 36 Subtask 8.1.2 Natural Resources 38 Subtask 8.2 Land Use• 40 Subtask 8.3 Develop Permitting Strategy 41 Subtask 8.3.1 Tualatin River Crossing Permitting Strategy 43 Subtask 8.4 Establish and Facilitate Permit Work Groups 43 TASK 9. DEVELOP TRANSMISSION SYSTEM DESIGN GUIDELINES 45 Subtask 9.1 Transmission Pipeline Design Guidelines 45 Subtask 9.2 Transmission Pipeline Appurtenance Design Guidelines 46 Subtask 9.3 Trenchless Crossings Guidelines 47 Subtask 9.4 Seismic Design Guidelines 47 TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 3. September 20,2013 Subtask 9.5 Geotechnical 47 Subtask 9.5.1 Geotechnical Design Guidelines 47 Subtask 9.5.2 Geotechnical Design for Terminal Reservoir 48 Subtask 9.6 Utility Crossings 48 Subtask 9.7 Long-term Maintenance Procedures 49 Subtask 9.8 Future Condition Assessment Procedures 49 Subtask 9.9 Develop Preliminary Design Details (Pipeline and Appurtenances) 50 Subtask 9.10 Develop Preliminary Specifications (Pipelines and Appurtenances) 51 TASK 10. UTILITY COORDINATION 52 Subtask 10.1 Identify Public and Private Utilities 52 Subtask 10.2 Utility Records Database 53 TASK 11. AGENCY AND MUNICIPALITY COORDINATION 53 Subtask 11.1 Coordination Assistance 53 Subtask 11.2 Agency and Municipality List of Issues 54 Subtask 11.3 Records Database—Municipal and Agency Information 55 TASK 12. VALUE ENGINEERING SUPPORT 56 Subtask 12.1 Value Engineering Meetings 56 TASK 13. CORRIDOR AND PROPERTY ACQUISITION IDENTIFICATION AND SUPPORT56 Subtask 13.1 Strategy to Secure Public Right of Way and Easements 56 Subtask 13.2 Strategy to Secure Private Property and Easements 57 Subtask 13.3 South Cooper Mountain Coordination 57 Subtask 13.4 Legal Descriptions and Easement Exhibits 58 TASK 14. PUBLIC AFFAIRS AND PUBLIC OUTREACH SUPPORT 58 TASK 15. PRELIMINARY DESIGN 58 Subtask 15.1 Preliminary Design Report(PDR) 58 Subtask 15.1.1 Pipeline 60 Subtask 15.1.2 Terminal Reservoir 60 Subtask 15.2 Preliminary Design Drawings and Specifications 60 Subtask 15.2.1 LiDAR Mapping 61 Subtask 15.2.2 Preliminary Plan and Profile Drawings(Pipeline) 61 TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 4 September 20,2013 • Subtask 15.2.3 Terminal Reservoir Preliminary Drawings 62 Subtask 15.3 Evaluate Requirements for Incorporating ISI EnvisionTM System., 62 TASK 16. CONSTRUCTION SCHEDULING AND PHASING 62 Subtask 16.1 Project Phasing 62 Subtask 16.2 Overall Program Scheduling 63 TASK 17. COST ESTIMATING 63 Subtask 17.1 Cost Development Guidelines 63 Subtask 17.2 Overall Cost Estimating for Project Development 64 Subtask 17.3 Preliminary Design(AACE Class 3) 64 Subtask 17.4 Overall Program Cost 65 Subtask 17.4.1 Cost Estimates 65 Subtask 17.4.2 Cash Flow Requirements and Cash Flow Analysis 66 Subtask 17.5 Future O&M Expenses and Renewals &Replacements 66 TASK 18. PROGRAM MANAGEMENT SUPPORT 67 TASK 19. MWH WATER TREATMENT PLANT LAYOUT AND SITING 68 TASK 20. OPTIONAL TASKS 69 Subtask 20.1 Similar Project Tours 69 Subtask 20.2 Additional Geotechnical Explorations 69 Subtask-26:3 72 Subtask 20.4 Additional Laboratory Testing 72 Subtask 20.5 Supplement to Geotechnical Data Report 73 Subtask 20.6 Transient Analysis from Terminal Reservoir to Three Connection Points 73 Subtask 20.7 Additional Hydraulic Evaluations 74 Subtask 20.8 Permitting—Geotechnical Investigations 74 Subtask 20.9 Undefined Additional Permitting 75 Subtask 20.10 Undefined Additional Engineering 75 Subtask 20.11 SCADA Requirements 75 • TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 5 September 20,2013 INTRODUCTION The Tualatin Valley Water District(TVWD/"District") is planning to construct the Willamette Water Supply System (WWSS) and is beginning the engineering and preliminary design effort for this critical infrastructure,due to be operational by 2026. The District and the City of Hillsboro (Hillsboro) ("Partners") are working together in partnership to develop this new long-term water supply source to provide greater reliability and redundancy, as well as additional growth for their customers. The preliminary design includes evaluation of a new large diameter transmission main, terminal storage facilities, and ancillary components. An additional component will be the planning to connect the WWSS facilities with the future 124th Avenue transmission main. Key Objectives • Confirm sizing(preliminarily by January 2014) and establish other hydraulic requirements for the system (transmission lines,terminal storage,pump stations, connections to District's and Hillsboro's systems, and surge analysis). • Establish design guidelines for the overall transmission system and coordinate with the SW 124`h work to incorporate them into the design for that project. • Provide a description of the operation of the transmission line and terminal storage system to the distribution systems of the Partners. • Identify required permitting,permitting jurisdictions, and anticipated times for approval. • Conduct a thorough alignment evaluation and establish a viable transmission line corridor and terminal storage site by January 2015.(before construction begins on SW 124th Avenue). Provide recommendations to secure the corridor for the transmission system and terminal storage site to the extent practicable. • Prepare preliminary design documents for the proposed transmission line and storage facility systems. • Identify proposed project phasing and establish a preliminary program schedule. • Identify cash flow requirements for the program short term(over the next 3 years) and long term(through completion of the program). Cash flow should encompass full project costs (i.e.,design, construction, inspection,permitting, land acquisition, engineering, legal, administrative, and other reasonable project allowances as applicable). Provide preliminary updated cost estimates and cash flow requirements by early 2014. • Provide recommendations for management of activities related to project coordination, project delivery alternatives,project controls, and staffing for the program. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 1 September 17,2013 • Support public affairs and outreach activities. • Incorporate considerations for sustainability into the work. • Identify and track project risks using a risk register. TASK 1. Project Management Provide project management services for the WWSS Preliminary Design Project. Project Duration--24 months. Subtask 1.1 Consultant Team Project Coordination/Communication Activities: Coordinate project team,including HDR staff and subconsultants, for the duration of the project. Communicate with project team members to maintain project team coordination. Communicate with Partners' project manager to provide status updates on the project. Subtask 1.2 Project Guide Preparation (Project Management Plan) Activities:Develop a Project Guide that outlines the project management plan for the WWSS Preliminary Design Project. The Project Guide will include project goals, scope of work,project budget, project team organization and contacts,project schedule, communication protocols, filing protocols, design standards, health and safety plan, and a Quality Assurance/Quality Control (QA/QC)Plan. The Project Guide will be updated as project elements change. • Meetings:None. Assumptions: HDR will provide Partners with a PDF version of the initial Project Guide. Subsequent revisions will not be provided. Deliverables: Electronic PDF version of the initial Project Guide. Subtask 1.3 Monthly Progress Reports Activities: Prepare a monthly progress report of work performed, issues and risks, and upcoming critical activities. Progress reports will include financial and schedule status of the project. Format of the monthly invoice and progress report will be developed with the project stakeholders before first invoice. Meetings: None. Assumptions: Progress reports will be delivered once each month with invoice. TVWD/City of Hillsboro EX. A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 2 September 17,2013 Deliverables: Electronic PDF version of progress report each month. Subtask 1.4 Project Quality Assurance/Control (QA/QC) Activities: Maintain and track quality control(QC) for each major deliverable and provide a quality assurance process for the duration of the project. • Develop a QA/QC Plan as part of the Project Guide. • Conduct one Project Approach and Resource Review(PARR), which will consist of a comprehensive review of the project approach and team early in the project during route selection. The PARR will provide a high level review by senior HDR engineers who are not involved in the project. If changes or revisions to the project implementation are identified, changes can be implemented early in the project. The Partners' Project Managers will be invited to attend the PARR. • Manage and Document the QC review process. Conduct and document detailed reviews before submitting each major deliverable to the Partners. Review each deliverable, including calculations and estimates, to verify accuracy and completeness of documents. Submit a signed QC review form to the Partners for each major deliverable to document compliance with the QC process. Meetings: None. Assumptions: Budget for QC reviews is included within each task. The PARR will be conducted at HDR's Portland office and will include up to eight HDR staff for up to 8 hours. The QA/QC Plan will be included in the Project Guide. Deliverables: Completed and signed QC review form for each major deliverable. Subtask 1.5 Project Coordination—Meeting Attendance Subtask 1.5.1 Preliminary Design Project Team Meetings Activities: Conduct meetings to review project progress with the Technical Advisory Committee(TAC), including TVWD, Hillsboro, Tualatin, Tigard, Beaverton, and other partners. Include SW 124th Avenue Design team when appropriate. Prepare agenda and exhibits for each meeting and record meeting notes for the project file. TAC meetings will be used to review major decisions and deliverables for tasks. Meetings: Thirty meetings with the TAC to review design progress and make decisions. Meetings will be held twice each month for the first 6 months and then once each month for 18 months. Assumptions:Meetings will be held at TVWD offices. Review meetings for project deliverables will be combined with TAC meetings when appropriate. Each meeting is TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 3 September 17,2013 assumed to be 3 hours long. HDR team attendance will vary according to the agenda topics. Deliverables:Agenda and meeting summary for each meeting. Subtask 1.5.2 Stakeholder Meetings Activities: Conduct quarterly working meetings with the Partners and select stakeholders to review project progress and discuss coordination efforts. Prepare agenda and handouts for each meeting and record meeting notes for the project file. Meetings: Six stakeholder meetings, including up to four HDR team members for up to 3 hours each meeting. Assumptions:Meetings will be held at TV WD offices. Deliverables: Agenda and meeting summary. Subtask 1.6 Decision Log and Project Records Subtask 1.6.1 Decision Log Activities: Establish and maintain a SharePoint Decision Log to maintain a record of design decisions. Each decision log record will include the required decision, start date, completion date,decision maker, reason for decision,recommended implementation, and status of decision process. Present and discuss the Decision Log at TAC meetings. The Decision Log will be used to track decisions,including route selection, cultural and natural resource,permitting,agency coordination, and design guidelines. Meetings: None. — — Assumptions:The Decision Log will be hosted on the SharePoint site. Deliverables: Decision Log on a Microsoft SharePoint site,utilizing MS Excel spreadsheet. Subtask 1.6.2 Project Records Activities: Establish and maintain project records using ProjectWise stored on HDR's server. Meetings: None. Assumptions:None. Deliverables:None. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 4 September 17,2013 Subtask 1.7 Risk Registry Activities: Establish a project Risk Registry that can be used during preliminary design and updated during subsequent phases of the WWSS Program. The Risk Registry will include a description of the risks, impacts from the risk, probability of occurrence, relative consequences to cost and schedule, and recommended response action. Meetings:None. Assumptions: • The Risk Registry will be included and discussed at TAC meetings. • This subtask will proceed only after written authorization is provided by the Partners. Deliverables:The Risk Registry will be maintained on a Microsoft SharePoint site, utilizing MS Excel spreadsheet. Subtask 1.8 Preliminary Design Project Schedule Activities: Prepare a detailed project schedule using Microsoft Project. The project schedule will include activities,durations, constraints, and sequences for the preliminary design project and coordination milestones for SW 124th Avenue Design, Public Affairs/Outreach team, stakeholders and agencies, permitting, the TAC, franchise, and public utilities. Update the project schedule on a monthly basis and submit the updated schedule with the monthly Progress Reports. Identify critical path items that need additional attention. Identify specific activities that need to occur to keep the project on schedule. Identify specific coordination activities that affect the SW 124th Avenue project. Track regularly scheduled meetings using Project Schedule. Develop and maintain a 3 month look-ahead summary schedule for critical milestones and decisions and for regularly scheduled meetings. Meetings:None. Assumptions:The project schedule will be submitted with the monthly progress report and will be discussed at TAC meetings, but will not be updated for each TAC meeting. Deliverables: Monthly updated project schedule, including critical milestone and upcoming meetings. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 5 September 17,2013 Subtask 1.9 Team Chartering A key chartering objective is to establish clear expectations that result in timely and correct decisions. The components that drive the right decision-making process are defining the vision and building the team, establishing roles and responsibilities,setting operating guidelines,and developing communication protocols. Subtask 1.9.1 Prechartering Planning Meeting Activities: Coordinate and conduct a chartering planning session as part of a scheduled TAC meeting to define the purpose,establish objectives and expectations, and define the logistics, attendees, and agenda for the chartering work session. Meetings: Chartering planning session conducted as part of the regular TAC meeting with facilitator participation. Assumptions: None. Deliverables: Chartering session activities and agenda, list of chartering session attendees, logistics, including session duration and date, location, attendee services (beverages/lunch, etc.),list chartering results. Subtask 1.9.2 Chartering Session Activities: Immediately following the planning meeting, the facilitator will conduct telephone conversations with the attendees (key stakeholders)to explore their understanding and experience with chartering, their concerns, and their expectations and needs. The facilitator will coordinate with the TAC and the Partners to produce a session invitation—coordinate-the-mceting-faeility, and-acquire-services.. On-the-day-of-thc chartering session,the facilitator will orchestrate the full day agenda by introducing the tasks and expectations, instructing participants on the various activities, documenting outcomes, and leading the team to keep focused and driving toward the expected outcomes. Meetings: Chartering session(conducted separately from regular TAC meeting) will be led by a facilitator at an agreed-upon location with TAC. Assumptions:None. Deliverables: Chartering session summary notes, definition and refinement of the team and its purpose,team member roles and responsibilities, team operating and behavior guidelines,initial decision-making protocol/process, Critical Success Factors (CSF) and an initial Team Charter. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 6 September 17,2013 Subtask 1.9.3 Charter Confirmation Session Activities: Coordinate and conduct a charter confirmation session to briefly review, assess, and incorporate additions, edits, or clarifications to the Charter and the other guidelines and processes for the purpose of implementing these elements. This session will be as part of the scheduled TAC meeting. The facilitator will lead this 2-hour session, which will culminate with an endorsement of the Project Charter. Meetings: Chartering planning session conducted as part of the regular TAC meeting. Assumptions:None. Deliverables: Confirmed formal documents establishing team member roles and responsibilities,team operating and behavior guidelines, decision making protocol/process, CSF, and an endorsed Team Charter. Subtask 1.9.4 Charter Follow-up and Feedback Sessions Activities: Facilitator will conduct telephone conversation interviews with team members or other stakeholders as appropriate, and measurement of the CSFs. The facilitated sessions will focus on discussions revolving around team performance and improvement, project performance or impediments affecting progress, and facilitating interventions that may arise. The sessions, lasting approximately 1 hour, will follow a specific agenda and incorporate an allowance for addressing key issues or action items to ensure that the team is functioning as defined by the charter. Feedback on the CSFs will be reviewed and new potential risks will be noted and mitigation efforts planned. Deliverables: A brief set of session notes, along with the CSF performance rating based on feedback and evaluation. If processes or guidelines have been adjusted or there is an addition of new or replaced team members, updated team documents will be issued. TASK 2. Base Information Task 2 subtasks do not generally involve meetings with the TAC except to provide updates of activities or obtain clarification for requested data or input on data obtained from third parties. Data compiled under Task 2 will be included as part of the project records database. Subtask 2.1 Base Map Development Activities:Develop GIS mapping to support routing analysis and terminal reservoir siting. Work will include review of existing data and information sources,including maps, digital files,reports, and other readily available material. Collect and incorporate available GIS data from public agencies and cities, including water, sewer, storm drainage, and other available GIS layers, including aerial photos, 5-foot to 10-foot TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 7 September 17,2013 contours, environmental overlays,property ownership,right-of-way, geologic hazards; streams,waterways, floodplains; wetlands and riparian areas; available private utility data; Potential Cultural Resources and Historic Properties, city limits; Bonneville Power Administration(BPA)right-of-way; Metro and National Wildlife Refuge property; environmental area boundaries and buffer zones;railroad right-of-way, Parks, Oregon Department of Transportation(ODOT) right-of-way; previously considered alignments, existing and proposed transmission mains; and transportation-related Capital Improvement Plan (CIP)projects. The information collected will be managed in a GIS database and updated as new or revised data is obtained. Subtask 2.1.1 Concept—Level GIS Mapping Activities: Develop GIS-based mapping for field reconnaissance, facility routing and siting concepts, and meeting exhibits. Maps will show GIS data collected in Task 2.1 as well as previously defined pipeline alignments, alignments proposed for this project, and potential sites for the terminal reservoir and Water Treatment Plant(WTP)pump station. Information collected in Task 8 from the Cultural Resources and Natural Resource Investigations will be added as it becomes available. Deliverables:The following mapping and exhibits will be prepared. ▪ Field Reconnaissance Maps—Routing alternative maps for use during pipeline routing field reconnaissance(24" x 36" sheets, Scale: 1"=500'). Conceptual pipeline profiles for routing alternatives (24" x 36" sheets, Scale: 1"=1000'H; 1"=200' V). Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1. • Terminal Reservoir Site and WTP Pump Station Site—Overview maps for use during siting-of terminal reser-voir-and—W".t pump-station-(L1'x_L heet,-Scale:_l =5.00Lto --- 1,000'). Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1. • Exhibit Maps for Meetings—Appropriately scaled maps and exhibits for use during meetings with design team, TAC, stakeholders, and other project coordination meetings to review project concepts. Updated comprehensive plan map illustrating the project extents and concept alternatives. Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1 (11" x 17" Overall Alignment Alternatives Map, Scale: 1"=3,000', 34" x 44" Project Overview Map, Scale: 1"=2,000'). Subtask 2.1.2 Preliminary—Level GIS Mapping for Preferred Concepts Activities: Develop GIS-based exhibits for use during preliminary design. Maps will show GIS data collected in Task 2.1, as well as preferred pipeline alignments,preferred site for the terminal reservoir and WTP pump station, and trenchless construction elements. The project Permitting Lead will review these maps to identify potential conflicts with existing resources. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 8 September 17,2013 Deliverables:The following mapping and exhibits will be prepared. • Preliminary GIS Exhibits—Preliminary design mapping to approximately 30 percent preliminary design completion level. Aerial photo and/or tax lot base mapping will be provided for the preferred alignment(Approximately twenty 11" x 17" sheets, Scale 1"=400')with 10-foot topographic contours, and relevant GIS data overlays collected in Task 2.1. • Terminal Reservoir Site and Pump Station—Preliminary site mapping for the preferred terminal reservoir site alternative(One 11"x 17" sheet, Scale 1"=100') showing the proposed site limits, topographic contours, reservoir configuration and site layout, estimated limits of excavation and final grading, and access provisions. Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1. • Tualatin River Crossing—Preliminary site mapping exhibits and pipeline profiles for the preferred Tualatin River crossing alternative(One 11"x 17" sheet, Scale 1"=50') showing the proposed tunnel alignment, shafts, staging areas, construction access, right- of-way and easement requirements, topographic contours, streambed and water surface elevations, and other surface features. Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1. • Other Trenchless Construction Locations—Preliminary site mapping and pipeline profiles (11" x 17" sheet, Scale 1"=50') for up to five potential trenchless crossings of roadways, railroads, wetlands, streams, and other sensitive surface features showing the proposed trenchless construction alignment, shafts, staging areas, construction access, right-of-way and easement requirements, topographic contours, streambed and water surface elevations, and other surface features. Use aerial photo and/or tax lot base mapping with relevant GIS data overlays collected in Task 2.1. Subtask 2.2 Geotechnical Investigations Activities: Collect and review geotechnical data pertinent to preferred route through the pipeline corridor and terminal reservoir location, and identify issues and challenges to support the selection of an alignment corridor/terminal reservoir location and preliminary engineering of the selected alignment and reservoir. Subtask 2.2.1 Corridor Geologic and Geotechnical Data Collection and Review Activities: Compile and review existing general geologic/geotechnical data in the project corridor to develop a preliminary understanding of surface and subsurface conditions and pipeline constructability considerations. This information will be used to evaluate alignment and profile alternatives and develop the initial phases of the geotechnical investigations,including identification of drilling locations and drilling techniques. Information sources will include: TVWD/City of Hillsboro EX.A FINAI.SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 9 September 17,2013 • Local and regional geologic publications and maps • Local geologic and geotechnical reports • Oregon Department of Water Resources well logs • Sanborn insurance maps • Historic photographs • Consultant in-house files For purposes of organizing the data that is collected, it is anticipated that the project will be divided into the following general areas: • Wilsonville Area(Wilsonville Road to Day Road) • Tualatin Area(Tualatin Sherwood Road to SR 99) • Tualatin River Crossing • Tigard Area(SR 99 to Scholls Ferry Road) • Beaverton Area(Scholls Ferry to Cooper Mountain) • Terminal Reservoir Site • South Hillsboro Area(Cooper Mountain to Tualatin Valley Highway) Deliverables:Preliminary Geologic Assessment Technical Memorandum that provides a summary and interpretation of the project geologic/geotechnical information gathered, and general discussion on the impact of surface and subsurface conditions on design and construction. Subtask 2.2.2 Seismic Hazard Assessment Activities:The objective of this task is to characterize seismic hazards along the pipeline route for use in preliminary design. pecific fasks are: • Conduct regional and local seismic hazard contribution assessment. • Conduct deterministic or probabilistic seismic hazard assessment for the potential earthquake magnitudes and influences to the pipeline. • Identify active or inactive faults and other seismic hazards along the pipeline. • Review technical literature,maps, and LiDAR topographic images to identify and screen potential soil liquefaction zones, seismic landslide zones, lateral spreading zones, and critical transition zones between non-liquefiable and liquefiable soils (or dense to soft soils). Assumptions: Seismic field assessments will be performed as part of the Subtask 2.2.3 field reconnaissance. Deliverables: Seismic Hazard Assessment Technical Memorandum. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 10 September 17,2013 Subtask 2.2.3 Geologic Field Reconnaissance Activities: Conduct a pipeline route reconnaissance to review visible geologic and surface features at the terminal reservoir,potential trenchless crossings, and along the preferred pipeline routes. The reconnaissance will include assessments of potential geotechnical issues and subsurface constraints along the pipeline route, such as evidence of slope instability, settlement, rock outcrops, and other notable features. The information will be noted on the GIS Field Base Maps prepared in Subtask 2.1.1. Assumptions: Reconnaissance will be a total duration of up to 4 days. Subtask 2.2.4 Geohazard Maps Activities: Compile geotechnical and seismic information that will be used for route evaluations,risk assessments, and preliminary design. Incorporate the information in the Subtask 2.1.2 maps. Overlay these maps with the following information: • LIDAR topographic data • Existing subsurface data from the Oregon State water well log database • LIDAR topographic data • Nearby existing geotechnical borings • Published geologic mapping. Assumptions: GIS base maps will be used to develop interpretive geologic profiles for Subtask 2.2.5. Deliverables: Part of Subtask 2.1.2. Subtask 2.2.5 Interpretive Geologic Profiles Activities: Develop preliminary interpretive geologic profiles to help identify geotechnical characteristics,risks, and constructability issues for the pipeline corridor. Identify subsurface conditions and geologic hazards, such as soft compressible soils, willow rock,unstable slopes,open gravels, and high groundwater, that impact construction. Profiles will be developed for the following areas: • Wilsonville Area(Wilsonville Road to Day Road) • Tualatin Area(Tualatin Sherwood Road to SR 99) • Tualatin River Crossing • Tigard Area(SR 99 to Scholls Ferry Road) • Beaverton Area(Scholls Ferry to Cooper Mountain) • Terminal Reservoir Site • South Hillsboro Area(Cooper Mountain to Tualatin Valley Highway) TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 11 September 17,2013 Assumptions: Up to one representative geologic profile will be developed for each area listed. Deliverables:Preliminary interpretive geologic profiles. Subtask 2.2.6 Geotechnical Investigation Plan Activities:Develop a preliminary field investigation work plan for site explorations along the preferred pipeline alignment..The explorations will be staged to support alignment evaluations,risk assessments,preliminary design. The investigation will focus on identifying subsurface conditions that differentiate risks for the alignment evaluations and collecting information that will be used for preliminary design and risk mitigation.The plan will detail the following items: • Detailed description of planned investigations(type,depth,and purpose)and targeted • investigation sites. • Borehole permitting requirements. • Field procedures for geotechnical sampling,drilling observation,instrumentation, in-situ testing, and pavement restoration requirements. • Traffic control requirements. • Proposed laboratory testing of soil and rock samples. • Schedule for performing field investigations. • Laboratory testing procedures. • Drilling waste management procedures. • Detailed cost estimate for geotechnical explorations. • Sample storage location. • Field Exploration Manual. Deliverables: Geotechnical Work Plan. Subtask 2.2.7 Geotechnical Explorations Activities:Drill borings and advance Cone Penetration Tests(CPTs), for investigation of subsurface conditions,seismic hazards evaluation, and constructability evaluations at the terminal reservoir,and Tualatin River crossing location. The following table summarizes the proposed geotechnical explorations(borings and CPTs) at reservoir and crossing candidate sites. • Table 2.2.7-1:Geotechnical Explorations at Terminal Reservoir/Crossing Candidate Sites Site Geotechnical Exploration • Tualatin River crossing north side Two borings to 100-ft.deep Tualatin River crossing south side Two borings to 100-ft.deep TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 12 September 17,2013 Three alternative terminal reservoir sites Two borings per site—assume rock core borings to 80-ft.and soil borings to 50-ft. The exploration program includes obtaining drilling and traffic control permits in the public right-of-ways, coordinating drilling activities, drilling observation, borehole log preparation, and in-situ testing. Obtain permits and right-of-entry agreements from non-city agencies. Obtain Monitoring Well Permits, Test Bore Permits, and Traffic Control permits. Maintain the original copy of each permit and a table that identifies permit numbers obtained for each borehole right-of-way. Mark borehole locations with white paint and obtain utility locates for each drilling site through the Oregon Utility Notification Center(One Call Locates) at 1-800-332-2344 at least 48 hours prior to drilling. If private locates are required, arrange for these services. After utilities are marked, check the borehole site and report anticipated utility or drilling equipment conflicts prior to drilling. Prepare traffic control plans and obtain traffic control permits. During street drilling, traffic control will be provided per the approved traffic control plan. A local flagging company will be used to prepare traffic control plans and provide traffic control for borings conducted on city streets. Flag persons with appropriate signs and cones,per the traffic control plan,will be used. Draft(field)borehole logs will be developed during drilling that will record the following borehole data: • Project name. • Borehole number. • Scaled sketch of borehole location using landmarks(for surveying) (including approximate station and offset). • Description of drilling technique, drilling dates, drill rig type, drilling company, driller's name,bit type and diameter. • Name of geologist or geotechnical engineer logging the borehole. • Location of nearest intersection. • Depth. • SPT N-values and blow counts for each six inch interval (mud rotary borings). • Core run number(rotosonic borings). • Sample type and location. • Sample recovery. • Soil descriptions. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 13 September 17,2013 • Air space organic volatile levels (by depth). • Methane level measured in confined sample(by depth). • Notes on drilling difficulties or location of obstructions. • Drilling rates (for slow drilling). • Drilling difficulties(including obstructions). • Scaled sketch of piezoineter installation. • Rock coring information. Soil samples obtained from the borings will be identified using the procedure identified in the Field Exploration Manual. This manual includes a checklist for the describing soils in a specified order. This checklist will be followed for this project and is based on ASTM D2488 for soil and International Society of Rock Mechanics(ISRM)procedures for rock.Maintain copies of field (draft)borehole logs,instrumentation detail sheet(if appropriate), and scaled borehole location sketch. Assumptions: • Geotechnical explorations will not be performed along the pipeline alignment. • The fees for drilling permit on public right-of-way will be paid by the Partners. • Exploration locations and elevations will be surveyed as part of the survey allowance in Task 6, or will be located with a GPS. • The soil cuttings(drilling spoils) are not contaminated and will be transported off-site for disposal. • The explorations include environmental screening(visual and olfactory/smell),but do not include environmental assessments; no soil and groundwater samples needed for environmental testing will be colleted and tested. • Volatile organic level and methane level screening for the pipeline and reservoir borings will be conducted at sample intervals above the groundwater level, and for river crossing borings at sample intervals for full depth of borings. • Abandonment(performance)bonds for monitoring well installations will be obtained by the Partners for borings,if needed. • Assistance may be required by the Partners to coordinate traffic control permit submissions. Subtask 2.2.8 Borehole Logs Prepare borehole logs for exploration performed in Task 2.2.7. Activities: Interpretive gINT bore hole logs will be prepared that include the items listed above. Soil descriptions included in the gINT logs will follow the order established in the Field Exploration Manual (per ASTM D2488)and will reflect information obtained from TVWD/City of Hillsboro EX.A FILIAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 14 September 17,2013 laboratory testing. Laboratory tests conducted on borehole samples will be identified by depth using the acronyms provided on the Key to Exploration Logs (included in the Field Exploration Manual). Soils symbols and sample type symbols used on the gINT logs will also be provided on the Key to Exploration Logs. Subtask 2.2.9 Laboratory Testing This subtask consists of performing laboratory testing on borings for exploration performed in Task 2.2.7. Activities: Laboratory testing will be conducted on selected borehole samples. Testing will include index testing(moisture content,Atterberg limits, organic content, and grain size analysis), and may include strength testing(unconfined and tri-axial testing) and settlement(consolidation)testing. Rock property testing(used rock excavation assessment)will be conducted on boulders and rock cores from selected rock core samples, if needed. Interpretive(gINT) borehole logs will be prepared for borings and test pits based on a comparison of field observations and laboratory testing results. Laboratory testing will be assigned following the completion of borings. Tests will be selected based on borehole location and design needs. Index test results will be included on borehole logs. Test results will be summarized on a laboratory testing table will be included in the Geotechnical Data Report(GDR). Individual lab test result sheets will also be prepared for inclusion in the GDR. Subtask 2.2.10 Preliminary Geotechnical Data Report Prepare GDR for explorations identified in Task 2.2.7. Activities: Upon completion of the subsurface exploration,laboratory testing, and borehole log preparation, a GDR will be prepared that presents the data obtained during the geotechnical investigations. The report will include a description of project area geology and geologic units as well as detailed descriptions of the field exploration and laboratory testing methods, and figures identifying boring locations.Boring logs, core photos, and in situ and laboratory testing results will be presented in the appendices. Deliverables: Preliminary Geotechnical Data Report Subtask 2.3 Existing Document Review Activities: Review previously prepared reports and related documents, as provided by the Partners. Prepare a memorandum summarizing the existing reports and models, highlighting discrepancies,missing information, and design considerations. Reports will include the following: TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 15 September 17,2013 SW 124`I'`Avenue feasibility Study, (2013, HDR)—Report evaluated feasibility of using the SW 124th Avenue as a pipeline corridor for the WWSS. Project also determined feasibility of connecting the SW 124th Avenue alignment with the Willamette River WTP in Wilsonville and with a northern route to the Terminal Reservoir site in Beaverton. Willamette River Water Supply System Preliminary Engineering Report(1998; Preliminary Engineering Report)—This project included TVWD and the Cities of Tigard, Wilsonville, Sherwood, and Tualatin. The report laid the foundation for the construction of the WRWTP in 2002 and recommended a proposed transmission main alignment from the WRWTP in Wilsonville to the City of Tigard's existing 10 MG reservoir. Based on this report,the City of Wilsonville and TVWD chose to proceed with development of the WRWTP. Willamette River Water Supply System Transmission System Analysis(2004; Transmission System Analysis)—This project was conducted for TVWD and the Cities of Tigard, Tualatin, Sherwood, and Beaverton. The report updated conceptual transmission system planning from the 1998 report, including alignment options, and a further northerly extension of the transmission system. Four transmission main routing alternatives were evaluated and screened and a preliminary preferred alignment was identified. Water Supply Improvements Program, Preliminary Engineering Phase 1 (2006; WSIP)— The goal of this project was to identify a preferred configuration for water supply improvements to allow TVWD to access the Willamette supply. Routes evaluated within this study focused on refinement of those identified in the 1998 Preliminary Engineering Report and evaluating a potential new route along the transit corridor, which was deemed infeasible. 2012 Critical Areas Evaluation—This project was conducted for the Willamette River Water Coalition and focused on feasible pipeline alternatives within two critical areas; the immediate area north of the WRWTP and the Tualatin River crossing. Assumptions: Previously prepared reports and related documents will be provided by the Partners. Deliverables:None. Subtask 2.4 Hazardous Materials Corridor Study Activities: Perfonn a Hazardous Materials Corridor Study(HMCS)to identify potential Recognized Environmental Conditions(RECs)within or near the identified preferred project corridor alignment. An REC is defined by the American Society for Testing and Materials (ASTM)standard E 1527-05 as a substance or petroleum product on a property TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 16 September 17,2013 under conditions that indicate an existing release,past release, or a material threat of release into structures on the property or into the ground,groundwater, or surface water of the property. Examples of RECs include such things as leaking underground storage tanks(LUSTs), transformers,undocumented fill material, drycleaners, auto repair/maintenance facilities, and hazardous materials spills. Prepare a draft HMCS report summarizing the information obtained through the Tasks listed below. Complete the HMCS according to generally accepted environmental procedures as outlined in the"Hazardous Waste Guide for Project Development"(1990), by the American Association of State Highway and Transportation Officials (AASHTO) Special Committee on Environment,Archaeology and Historic Preservation by- completing the following activities: Historical Research—Conduct historical research to identify past uses within the project corridor alignments and on adjacent properties. Research will be limited to short-listed reservoir sites and preferred pipeline route. Such research will include one or more of the following resources: • Sanborn fire insurance maps • Historical aerial photographs • Reverse city directories • Historic property ownership/occupancy records or building permits The resource(or combination of resources) selected will provide historic information regarding land use for at least the past 50 years at approximately 10-year intervals, or it must be demonstrated that such information is not readily available. Environmental Database Search—Review available federal and state environmental records using the search radii set forth below for identified hazardous waste sites using government web-based databases or by using a commercial database search service. Review Oregon Department of Environmental Quality(DEQ) files for identified hazardous waste sites to determine known concentrations and extent of contamination. Database Record' Radius Federal RCRA Generators List Site and Adjoining State-Equivalent NPL List(ECSIS) 1.0 mile State Fire Marshal's Spill Response List 0.5 miles Oregon Permitted Landfill List 0.5 miles State Leaking LUST List 0.5 miles State Certified UST List Site and adjoining TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 17 September 17,2013 Site Reconnaissance—Conduct a visual reconnaissance consisting of a systematic traverse of the project alignment from public rights-of-way and other areas accessible to the general public. Reconnaissance will be limited to the short-listed reservoir sites and preferred pipeline route. Photographs documenting reconnaissance observations will be provided with the HMCS report. The reconnaissance will be used to assist in identifying potential sources of contamination that could impact the proposed project during construction or that could affect property will be acquired by the Partners. HMCS Report—Prepare a HMCS report summarizing the information obtained through the scope of work defined above. The report will include field observations, environmental database information,historic land use, a scaled map showing the location of identified potential sources of contamination, photographs, copies of historic data, copies of state and federal database information, copies of relevant portions of the DEQ files for sites that may impact project construction, an AASHTO Initial Site Assessment Checklist(a single page document), and other relevant documentation. The report will include opinions and conclusions about the conditions observed at the properties that comprise the project area. The report will also include recommendations for the sampling and analysis of suspect media as part of a Level II Environmental Site Assessment if appropriate.The report and opinions will be based solely on the services described. Assumptions: • The scope of services is neither an evaluation of site conditions for the presence of wetlands nor a geotechnical engineering study. • The project corridor can be treated as a single property. • The HMCS will not include: • Field sampling of soil, water, air or other media. • Laboratory analysis of material. • An inspection for asbestos, lead-based paint, or other hazardous building material. • An evaluation for the presence of radon gas. • A chain of title. • The Consultant will not enter private property or contact the property owners or Occupants without a permit of entry supplied by the Partners. Deliverables: HMCS Technical Report with appendices. TASK 3. Alignment Evaluation Subtask 3.1 Establish Selection Criteria Activities: Working with the project partners and the project public involvement and right-of-way consultants, develop the criteria to evaluate each of the alternative TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 18 September 17,2013 alignments. Criteria will fall within areas that, at a minimum, include cost, ability to obtain permits, constructability,political acceptability, hydraulics, geo-hazards (and other infrastructure hazards) and the ability to mitigate those hazards,nearby other critical infrastructure, community acceptance, operations and maintenance and the ability to obtain and hold the corridor. Prepare a preliminary list of criteria and facilitate a workshop with project partners, the public involvement consultant and the right-of-way consultant to refine and finalize the selection criteria. Criteria development will consider weighing different criteria based on importance and overall impact to the success of the project. Meetings: Meetings for this task will occur at scheduled TAC meetings. One additional 2-hour meeting will be held with select project team members and up to two HDR staff. Assumptions:None. Deliverables: • Preliminary list of selection criteria • Technical Memorandum documenting selection criteria. Subtask 3.2 Develop Preliminary List of Alignment Alternatives Activities:Develop a preliminary list and GIS map of potential alignments that could accomplish the project criteria defined in Subtask 3.1. Establish alignments that create 1) opportunities for flexibility,2) likely project phasing, and 3)potential construction packaging. The project corridor will be divided into the following sections: 1) Wilsonville to SW 124th Ave., 2) SW 124th Ave. to Tualatin River, 3)Tualatin River to Terminal Reservoir, and 4)Terminal Reservoir to Partner connection points. Meetings: None. Assumptions: Preliminary list of alternatives will be based on information already in- hand. Existing underground utilities will not be considered in this task. Deliverables • Preliminary list of potential alignments and sections. • Map and descriptive text identifying alignment alternatives. Subtask 3.3 Screen Alternatives Activities: Screen alternatives based on criteria developed in Subtask 3.1. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 19 September 17,2013 Conduct windshield field reconnaissance of routes identified in subtask 3.2. Reconnaissance will include a van tour with a small team of engineers from Partners, HDR, and Jacobs Associates. In preparation for field reconnaissance, develop typical sections for construction width requirements that describe typical and minimum construction widths and areas required for various construction activities. During field reconnaissance,document potential constructability concerns and identify project elements that may impact estimates of probable construction cost on each alignment that is reviewed in the field. Perform site reconnaissance of up to three Tualatin River Crossing locations that were developed during feasibility study. Review will include anticipated subsurface conditions and risks, staging area considerations, site constraints, technical feasibility, and project arrangements(shafts, alignment, trenches). Meetings: None. Assumptions: • Site reconnaissance will occur over a one week period with up to four HDR engineers. • Routes previously identified in the SW 124th Avenue Feasibility Study will not be reviewed. • Maps to be used for field reconnaissance will be developed in Task 2. • HDR will rent a van to be used for the site visits. • Existing utilities will be identified in Task 10. • Site Reconnaissance Memorandum will be prepared for the project records. Deliverables: • Site Reconnaissance Memorandum. • GIS-based maps will be used for alignments—see Task 2. • Alternative Evaluation Memorandum describing alignment options considered, including lengths, type of construction,potential issues,possible fatal flaws, and constructability concerns. Subtask 3.4 Refine Alternatives and Identify Preferred Alternative Activities: Based on the screening data obtained in Subtask 3.3, short-list to up to three alternatives for each section(Wilsonville to SW 124th Ave., SW 124th Ave. to Tualatin River,Tualatin River to Terminal Reservoir, and Terminal Reservoir to North Transmission Line) for a more refined evaluation. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 20 September 17,2013 Conduct additional field reconnaissance, focusing on route selection criteria that can be used to differentiate the routes, such as environmental permitting, geologic hazards, geotechnical considerations, construction cost, social impacts, cultural resources, and public involvement. Facilitate a workshop with the Partners, public affairs consultant, and right-of-way consultant to identify refinements and additional project benefits that could increase the community acceptance of low cost options. Refine the alignment alternatives into a preferred alignment. Prepare a technical memorandum that summarizes potential opportunities and constraints associated with preferred alignment. Technical memorandum will include relative cost comparisons for alternative alignments developed in Task 17. Meetings: One 3-hour workshop(separate from scheduled TAC meetings) with project partners,public affairs consultant,right-of-way consultant, and up to five HDR team members. Assumptions: • Up to three alternatives will be evaluated for each of the four corridor sections. • Site reconnaissance will occur over a 3-day period and will include two HDR engineers, a permitting specialist, and a geotechnical engineer. • Routing workshop will be conducted in addition to regular TAC meetings. • One version of the technical memorandum will be prepared. Significant comments/input received from the TAC will be incorporated into the Preliminary Design Report(Task 15). Deliverables: • Preliminary ranking of alternatives. • Technical Memorandum defining the preferred alignment and documenting the selection. Subtask 3.5 Determine Requirements to Secure Preferred Alignment Activities: Prepare a technical memorandum that identifies the requirements necessary to implement the project based on the preferred alignment. Plan forward summary will identify potential pitfalls that could develop in the future and recommend approaches for mitigating pitfalls. Identify potential property for early acquisition and minimum right-of- way or easement requirements for the pipeline alignment, appurtenances, and maintenance access. Include potential "piggy backing"opportunities where preferred alignment coincides with other infrastructure improvements such as road or projects. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,inc. Preliminary Design 21 September 17,2013 Update Risk Registry with information that defines trigger points for project implementation and potential events that could prevent the successful completion of the project on the preferred alignment. Meetings: Meetings for this task will occur at scheduled TAC meetings. Assumptions: One version of the technical memorandum will be prepared. Significant comments/input received from the TAC will be incorporated into the Preliminary Design Report(Task 15). Deliverables:Technical Memorandum summarizing requirements to secure the preferred alignment. Subtask 3.6 Seismic Evaluations Activities:Perform geotechnical seismic evaluations on base scope explorations listed in Subtask 2.2.7. Perform preliminary geotechnical seismic analyses at high risk seismic hazard zones to assess liquefaction,lateral spreading and ground displacement, seismic slope stability and displacement,differential seismic settlement in stiff/soft soil transition zones, and seismic ground motion design parameters (Peak Ground Acceleration-PGA; Peak Ground Velocity-PGV;Peak Ground Displacement-PGD). Develop preliminary response spectrum for design of critical structures such as the terminal reservoir and pump station. Assess fault rupture risk, displacement magnitude, and provide crossing or routing opinions of potentially active fault. The information will be used to evaluate additional data needs and seismic risk(s)along the alignments, and assess the pipeline design strategies, including pre erne pipelineignment, depths,materials, connections, flexibility, in the seismic hazard high risk zones. The results will be included in the Technical Memorandum described in Task 3.9. Meetings: Meetings for this task will occur at scheduled TAC meetings. Assumptions: One version of the technical memorandum will be prepared. Significant comments/input received from the TAC will be incorporated into the Geotechnical Analysis Technical Memorandum (Subtask 3.7) and the Preliminary Design Report(Task 15). Deliverables: Technical Memorandum for Seismic Evaluation Subtask 3.7 Geotechnical Analysis Technical Memorandum for Pipeline Alignment Activities:Document geotechnical and seismic issues,risks, and rationale to support criteria and considerations in alignment evaluations. Summarize geotechnical TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 22 September 17,2013 characterizations that may impact design and that may lead to key alignment layout decisions. Identify and seismic design issues that may affect the alignment alternatives. Meetings: None. Assumptions: • Criteria for alignment considerations will be developed in alignment evaluation tasks. • No additional geotechnical borings will be obtained, the evaluation will be based on know conditions,existing data, and available reports Deliverables: Draft and Final Geotechnical Analysis Technical Memorandum Subtask 3.8 Tualatin River Crossing Evaluation Activities: Evaluate and develop a feasible river crossing alignment, evaluate feasible construction methods, identify and evaluate major construction impacts, and develop a range of construction costs. Evaluate anticipated ground conditions at the crossing and develop a recommended crossing arrangement(alignment and shafts) for trenchless and shaft construction methods at two potential river crossing locations. Evaluate construction staging area considerations and other site constraints. Assess mitigation alternatives and/or pipeline depths/alignments for seismic hazards at crossing location, including liquefaction, zone of lateral spreading and shoreline instability. Prepare a Technical Memorandum that provides figures and general discussions and conclusions . for the following: • Recommended project arrangement(alignment and shafts). • Anticipated subsurface conditions. • Identification of major risks to trenchless construction. • Probable tunnel and shaft construction methods. • Staging area considerations and other site constraints. • Recommendations for key specification requirements. • Draft recommended permitting process. Meetings: Meetings for this task will occur at scheduled TAC meetings. Assumptions: None. Deliverables: Draft and Final Tualatin River Crossing Technical Memorandum. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 23 September 17,2013 Subtask 3.9 Trenchless Evaluations Activities: Evaluate trenchless crossing,both shallow and deep, along preferred alignment sections. Review alignments for constraints on open cut construction methods and identify where trenchless methods may have advantages in terms of minimizing construction impacts and risk. Prepare a Technical Memorandum that describes the trenchless alternatives,and applicable construction methods. The technical discussion will be divided into the general project areas listed in Subtask 2.2.1. The memorandum will include typical trenchless profiles and layout and will provide general discussions and conclusions for the following: • Recommended project arrangement (alignment and shafts). • Anticipated subsurface conditions. • Identification of major risks to trenchless construction. • Probable tunnel and shaft construction methods. • Staging area considerations and other site constraints. • Recommendations for key specification requirements. Meetings: Meetings for this task will occur at scheduled TAC meetings. Assumptions: • One version of the technical memorandum will be prepared. Significant comments/input received from the TAC will be incorporated into the Preliminary Design Report(Task 15). • Up to six trenchless locations will be evaluated. Deliverables: Corridor Trenchiess Construction Methods Technical Memorandum. TASK 4. Storage Evaluation Subtask 4.1 Viability Criteria for Terminal Storage Sites Determining a preferred terminal storage site is considered a critical path decision because of the ongoing community planning for the South Cooper Mountain area and the interconnection with transmission main alignments. A workshop approach will combine some of the subtask activities to streamline the storage evaluation analysis, review and decision process. Activities: Prepare for and conduct a"Planning and Siting Criteria"workshop as part of a regularly scheduled TAC meeting to develop preliminary viability criteria for the terminal storage site. Criteria will include elevation range, parcel area, land use type, land TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 24 September 17,2013 value, proximity to infrastructure, accessibility, and geotechnical constraints. Other site viability criteria may be identified by the TAC during the workshop. Meetings:Meeting for this task(Planning and Siting Criteria workshop) will occur at a scheduled TAC meeting. Assumptions: Information from coordination meetings (e.g., TAC, stakeholders, risk management and permitting strategy) will be compiled and used as input to the Planning and Siting Workshop. Deliverables:Meeting notes and preliminary viability criteria for terminal storage site. Subtask 4.2 Preliminary List of Viable Terminal Storage Sites Activities: Conduct analysis and preliminary screening using GIS to identify feasible storage sites based on viability criteria established in Subtask 4.1. Viability criteria will be applied using readily available GIS parcel data from Metro, Washington County, and the City of Beaverton. Geotechnical assessment will rely on the project geotechnical memoranda in Subtasks 2.2.11 and 3.9. Assessment will be limited to qualitative assessment of data from these reports to develop a relative rating of slope stability, geotechnical hazards, and adequate subgrade foundation materials for the potential sites. Conduct field verification visits (windshield survey) of potential sites identified from the GIS/right-of-way analysis. Up to six properties will be visited during the course of one day. Photos and observation field notes will be collected from publicly accessible locations, as close as possible to each property. Staff will not enter property unless it is a public property and accessible. Conduct planning meeting with South Cooper Mountain Community Planning Group (SCMCPG)and other stakeholders agreed to by TAC (including City of Beaverton and SCM planning consultants).The SCMCPG meeting will be used to coordinate the Partners' land use and zoning objectives, and provide input to the SCM zoning process. It will also be used to identify advantages and constraints to siting the terminal storage facilities and associated transmission lines in certain areas or parcels in the SCM area. Meetings: South Cooper Mountain Community Planning Group Meeting(separate from TAC meeting) attended by up to three HDR staff. Assumptions:A single draft version of the Site Selection Technical Memorandum will be prepared; review comments on the draft memo from the TAC will be addressed and incorporated in the Draft and Final Terminal Storage Evaluation Technical Memorandum (Subtask 4.4). Deliverables:Terminal Storage Site Selection Technical Memorandum. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 25 September 17,2013 Subtask 4.3 Selection Criteria for Terminal Storage Sites Activities: As part of the Planning and Siting Criteria workshop(see Subtask 4.1) define site selection criteria, including constructability, life-cycle cost, additional infrastructure requirements, environmental impact, hazard risks, community acceptance, permitting risks, and O&M issues including site security and access. Other site selection criteria may be identified by the TAC during the workshop. Meetings: Meeting for this task(Planning and Siting Criteria workshop) will occur at a scheduled TAC meeting. Assumptions:None. Deliverables:Meeting notes and selection criteria for terminal storage site. Subtask 4.4 Preferred Terminal Storage Alternative Activities: Conduct a preliminary site screening meeting at regularly scheduled TAC meeting to rank the up to eight sites identified in Task 4.2. Select up to three candidate sites for further evaluation with hydraulic modeling based on site viability criteria(area, geology, property ownership,and site reconnaissance). Review title reports for three properties obtained in Task 13. Conduct a Terminal Storage Site Selection workshop as part of a regularly scheduled TAC meeting to review potential sites based on the information from the preliminary screening, hydraulic modeling, and cost analysis. At the workshop,present preliminary site screening information, discuss Partner preferences and constraints for reservoir sites, agree-on-the-short-list o-f-up-to-three-target sites-for-further-geotechnieal-exploration-and - future site acquisition for one site. Prepare Draft Memo for Terminal Storage Site Selection incorporating information from the site selection workshop and previous information from Subtasks 4.1 to 4.3. The draft memo will include figures showing prospective sites and land use information. Review and assess site acquisition and permitting requirements for the preferred sites. Develop a preliminary site acquisition strategy, including reviewing easements or purchase options,right-of-way requirements, and potential easements for the terminal storage facility based on information obtained in Task 13. Meetings: Meeting for this task(Site Selection Workshop) will occur at a scheduled TAC meeting. Assumptions: Review comments on the draft memo from the TAC will be addressed and incorporated in the Draft and Final Terminal Storage Evaluation Technical TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 26 September 17,2013 Memorandum,which integrates information, analysis and decisions from Task 4.1 through 4.6 activities. Deliverables: Draft and Final Terminal Storage Evaluation Technical Memorandum. Subtask 4.5 Allocation of Terminal Storage Volume and Operational Accounting of Stored Water Activities: Prepare for and conduct a Terminal Storage"Level-of-Service" (LOS) workshop at a regularly scheduled TAC meeting to define the terminal storage volume(s) (including emergency and distribution system)required by each Partner's service area; delivery flows(transmission capacity) from the terminal storage; and emergency operations and control preferences. Review Hillsboro Water Master Plan for distribution system requirements and compare methodology against Washington DOH criteria and other criteria used by up to three other utilities in Oregon. Information from the hydraulic evaluations (Subtask 4.2)will be used to inform the discussions in the workshop. Based on information from the workshop, develop options for allocating terminal storage volume and operational accounting for stored water between supply partners. This information will also be used to identify required facilities and other systems needed to deliver water to the Partners. Meetings: Meeting for this task(Level of Service Workshop) will occur at a scheduled TAC meeting. Assumptions:None. Deliverables: Meeting notes and level of service decisions for storage volume and operational accounting of stored water. Subtask 4.6 Maintenance and Inspection Activities for Terminal Storage Facility Activities:As part of the Terminal Storage LOS workshop,obtain input from TAC to define terminal storage operation and maintenance criteria. Recommend how to take a portion of terminal storage facilities off-line to allow for maintenance and inspection activities while keeping other parts of the system operational. The findings and recommendations from the LOS workshop will be documented in the Draft Operations and Maintenance Criteria memo. Meetings: Meeting for this task(Level of Service Workshop)will occur at a scheduled TAC meeting. Assumptions:A single draft version of the Operations and Maintenance Criteria memo will be prepared; review comments on the draft memo from the TAC will be addressed TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 27 September 17,2013 and incorporated in the Draft and Final Terminal Storage Evaluation Technical Memorandum. Deliverables: Operations and Maintenance Criteria Technical Memorandum. TASK 5. Evaluate Feasibility of ASR Facilities as Additional Storage Subtask 5.1 ASR Water Quality Compatibility Assessment with Willamette River Source Activities: Evaluate the compatibility between source water from the Willamette treatment plant and the native groundwater in the basalt aquifer on Cooper Mountain. The following will be done as part of this task: • Compile water quality data from the Willamette treatment plant that is representative of the finished water that would be used to recharge ASR wells at the terminal storage sites. • Compile native groundwater quality from existing data sets for one location, assumed to be the Grabhorn or another well on Cooper Mountain. Compile existing whole rock geochemical information of the Columbia River Basalt Group aquifer in the vicinity of the project and evaluate the potential for adverse geochemical reactions with stored water. • Complete a PHREEQC water quality compatibility assessment based on the Willamette source and receiving waters,including one data sets for representative well site and run mixing models at different ratios to assess the compatibility of the two waters and assess the potential for precipitation of constituents and/or release of minerals to the stored water that would adversely affect the recovered water's quality or aesthetics. Meetings:None. • Assumptions: Existing water quality data are available. This scope of work does not include collection and analysis of samples. Deliverables: The data and analysis for this subtask will be documented in a Technical Memorandum. TASK 6. System Hydraulic Evaluations Subtask 6.1 Establish Base Hydraulic Model,Hydraulic Design Criteria, and Operating Conditions Activities: Establish LOS requirements for the new transmission pipeline and reservoir, consisting of the flow rate and hydraulic head desired at each point of withdrawal for TVWD, Hillsboro,Tigard,Tualatin, and Beaverton under normal conditions with reservoir overflow within normal operating band and under emergency conditions with TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 28 September 17,2013 reservoir nearly empty. Develop a base hydraulic model of the WWSS, including three main sections: main stem from the pump station to the terminal reservoir, the eastern extension from the terminal reservoir(or from the main stem) to the connection with TVWD's 435 Zone, and the western extension from the terminal reservoir to connect to the South Transmission Line(STL) continuing on to connect to the North Transmission Line (NTL) near Highway 26 and Cornelius Pass Road. Establish hydraulic design criteria, consisting of maximum flow velocity and design friction factor. Meetings: • Confirm software selection at a TAC meeting. • Conduct an LOS Workshop as part of the scheduled TAC meeting to establish withdrawal points and rates. Final LOS requirements will be confirmed at the following TAC meeting. • Review hydraulic design criteria as part of scheduled TAC; confirm criteria that will be used to size the pipeline at the following TAC meeting. Assumptions: • Hydraulic model will be based on a single set of requirements,forecasts, and future demands provided by the Partners. • Modeling will be conducted in Info Water or similar modeling software. • The Partners will provide their respective system forecast demands and required diversion locations in a single submittal to HDR. • Partners will provide a single set of assumed maximum and minimum hydraulic head conditions at the STL and NTL connecting points. Inclusion of the JWC transmission system is not included in this scope of work. • Distribution system piping to connect the terminal reservoir to the City of Hillsboro distribution system will not be routed or included in the hydraulic model. Anticipated usage will be included as a point withdrawal within the model. • A single draft version of the Hydraulic Demands memo will be prepared; review comments on the draft memo from the TAC will be addressed and incorporated in the Final Hydraulic Analysis Technical Memorandum (Subtask 6.5) and Draft and Final Preliminary Design Report(Task 15). Deliverables: • Hydraulic model of the WWSS. • Draft Technical Memorandum: Hydraulic Demands,Analysis, and Design Criteria. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 29 September 17,2013 Subtask 6.2 Transmission Alignment and Terminal Site Alternatives and Evaluation Activities: Evaluate options for connecting to the STL,NTL, and TVWD system and conduct preliminary hydraulic evaluations to support reservoir siting and pipeline routing evaluations. Purpose is to establish overall WWSS configuration and requirements that will be used in the reservoir siting and transmission pipeline routing tasks. Evaluations will consist of the following: Evaluate two alternatives to connect the WWSS to the JWC system:use of a booster pump station on the western extension to boost flows from the terminal storage reservoir into the STL and NTL and use of control valves on the western extension, STL and NTL to manage flows from the WWSS and JWC. Estimate capital and operating costs for each configuration. Conduct evaluation of non-financial criteria for each configuration. Facilitate Partner selection of preferred configuration during a regularly schedule TAC meeting. Meetings: • Establish specific configurations,representative routes, and other assumptions at a TAC meeting. • Review initial hydraulic modeling results at the following TAC meeting, including preliminary conclusions. • Confirm results and potential impacts on the terminal reservoir siting and pipeline routing evaluations at the following TAC meeting. • Estimated costs will be based on unit costs developed in Task 17.2. Assumptcoirs: • Evaluations will be conducted at a single assumed reservoir overflow elevation that will be determined with the Partners. • Alignment and site alternatives evaluation will be coordinated with Task 3 —Alignment Evaluation and Task 4— Storage Evaluations. • Evaluations will be based on the modeling results of Subtask 6.1. • Connections to partner systems are assumed to be via the main stem, western extension, or eastern extension. Modeling of additional pipelines is not included under this task. • A single draft version of the Hydraulic Evaluation memo will be prepared; review comments on the draft memo from the TAC will be addressed and incorporated in the Final Hydraulic Analysis Technical Memorandum(Subtask 6.5) and Draft and Final Preliminary Design Report(Task 15). Deliverables: Draft Hydraulic Evaluation of Pipe Alignment and Reservoir Siting Alternatives Technical Memorandum. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 30 September 17,2013 Subtask 6.3 Minimum and Maximum System Hydraulic Grade lines Activities: Identify and evaluate operating impacts of minimum and maximum system hydraulic grade lines. Evaluations will consist of the following: • Evaluate floor elevation of the terminal reservoir based on estimated life-cycle costs for up to three scenarios for the reservoir floor elevation(assume floor elevation will control required sizing of the western and eastern extensions) and up to two scenarios for reservoir height, for a total of up to five scenarios. Diameter of pipelines will be the same in scenarios. Life cycle cost analysis will include capital cost for pipeline and reservoir and potential operating costs for pumping(based on calculated head loss in the hydraulic model of the main stem). This information will be used to support evaluation of terminal reservoir sites. Evaluation will be based on a single representative pipe route for the western and eastern extensions. • Evaluate up to three short-listed alternatives for the terminal reservoir site and associated piping. Modeling will be conducted for the western and eastern extensions only to determine impact of site elevation and pipeline length on required pipeline diameters. This information will be used to support the evaluation of short-listed alternatives under Task 3. It is assumed that reservoir siting will not affect sizing of the main stem; modeling of the main stem will not be required. • Evaluate required pipeline sizing for the eastern extension based on a second flow scenario (anticipated to consist of an additional 5 mgd of flow). Evaluation will be based on a single pipeline configuration and will assume a single point of withdrawal for the additional flow. Information will be used to evaluate cash flows and cost shares for individual partners under Task 17. • Evaluate maximum pressures along the pipeline based on a representative pipeline alignment to support development of design criteria for the 124th Project. Meetings: Meetings will be conducted as part of a series of scheduled TAC meetings to cover the following at each subsequent meeting: (i)Establish initial assumptions for evaluations; (ii)present preliminary results; and(iii) confirm final results. Assumptions: • Life-cycle cost evaluations will be based on a 100-year present value(PV) evaluation. • Estimated capital costs used in this subtask will be calculated based on unit costs developed under Task 17. • System hydraulic grade line determinations will be coordinated with Task 3 —Alignment Evaluation and Task 4—Storage Evaluations. • Evaluations will be based on the modeling results of Subtask 6.1. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 31 September 17,2013 • Deliverables: Results will be included in technical memoranda prepared for Subtask 6.1. Subtask 6.4 Appurtenance Hydraulic Requirements Activities: Determine hydraulic(flow and pressure)requirements associated with appurtenances,including air valve sizing based on hydraulic conditions (i.e., recommendations on placement/separation of air, air release and combination air/vacuum release valves for filling and draining the pipeline); blow-off locations, sizing and discharge rates; isolation valve locations and separations; and buried and surface access facilities. Meetings: • Criteria will be discussed at a TAC meeting, with HDR providing draft criteria for discussion. • Draft hydraulic requirements will be presented at a second TAC meeting. • Final hydraulic requirements will be confirmed at a third TAC meeting. Assumptions: • Air release valve sizing and location will be based on transient analysis. • This task does not include developing design guidelines for appurtenances. • A single draft version of the system requirements memo will be prepared; review comments on the draft memo from the TAC will be addressed and incorporated in the Final Hydraulic Analysis Technical Memorandum (Subtask 6.5) and Draft and Final Preliminary Design Report(Task 15). Deliverables: Draft Technical Memorandum summarizing system requirements. Subtask 6.5 Update Hydraulic Model Activities: Update the main stem, eastern extension and western extension hydraulic . models one time based on the preferred reservoir site and pipeline route. Use the updated hydraulic models to confirm pipeline sizing, confirm final system configuration and routing, refine reservoir overflow elevation at the selected site, develop final maximum and minimum hydraulic grade lines for each pipeline segment,and confirm flows and hydraulic heads available at connections to Partner systems. Meetings: • Present preliminary results at a TAC meeting. • Confirm final results at a TAC meeting. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 32 September 17,2013 Assumptions:None. Deliverables: Final Technical Memorandum will be prepared summarizing Tasks 6.1 through 6.5,incorporating the Partners comments and results of Task 6.5 Hydraulic Modeling update. Subtask 6.6 Hydraulic Transient Analyses Activities: Prepare a hydraulic transient analysis of preliminary design level transmission main alignment and design criteria for the main stem from the pump station at the WTP to the Terminal Reservoir. The critical operating scenarios for the system will be defined in preparation for the transient analysis simulations,which will include simulation of pump power failure and pump startup at the pump station. The results of the analysis will be evaluated to determine whether or not surge control measures are required to protect the system from adverse pressure transients caused by pump power failure and pump startup. If deemed necessary by the results of the analysis, surge control measures will be determined for the pipeline and pump station. Meetings: Assume review of results from transient analysis conducted at scheduled TAC meetings will occur at regularly scheduled TAC meeting. Assumptions: Transient analysis will be based on the preliminary design level documents, including pump station, demands,pipe materials, topography, and anticipated operating conditions. A hydraulic transient analysis model of the system will be constructed using the TransAM hydraulic transient analysis software. Deliverables: Draft and Final Technical Memorandum summarizing the results of the analysis and including recommended surge control measures (e.g.,pressurized surge tank,pressure relief valves,vacuum relief valves with controlled venting features, etc.). Subtask 6.7 WWSS Water Quality Activities: Evaluate WWSS water age and quality from treatment to delivery at the terminal reservoir and the potential need for re-chlorination facilities and/or reservoir mixing systems; determine and optimize reservoir inlet and outlet piping and flow through patterns. Make a recommendation on need for rechlorination. Assumptions: Existing treatment data, including raw and finished water quality parameters,water temperatures,proposed and/or planned changes to treatment processes and impact of potential or measured THMs will be provided by the Partners. Meetings: One meeting, including the Partners Operations and Maintenance personnel and up to three HDR personnel will occur at a scheduled TAC meeting. Water Quality discussion will last up to 2 hours. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 33 September 17,2013 Deliverables: Draft and Final Technical Memorandum presenting the findings of anticipated water quality within the WWSS, including recommendations for re- chlorination and/or reservoir mixing facilities. TASK 7. Existing Water Intake Facilities Evaluation Subtask 7.1 Establish Future Demands on the Willamette Supply Activities: Identify future flows for current and anticipated future partners in the Willamette supply, anticipated to include TVWD, Hillsboro, and the Cities of Tigard, Tualatin, Beaverton,Wilsonville, and Sherwood. Identify required hydraulic head at one delivery point for each partner. Identify planned transmission approach, either through the WWSS, existing transmission lines(e.g., Sherwood transmission pipeline), or future pipelines not yet planned. Divide future demands into two groups: low head group at the existing water treatment plant(WTP) site(anticipated to include Wilsonville, Sherwood, and Tigard) and high head group at the planned new WTP site(anticipated to include TVWD, Hillsboro, Tualatin,and Beaverton). Meetings: Preliminary and final results will be presented at regularly scheduled TAC meetings. Assumptions:Anticipated future flow rates,required delivery head, and planned transmission approach (via the WWSS, existing transmission pipeline e.g., Sherwood pipeline, or future pipeline) will be provided by each current and anticipated future partner. Deliverables: Draft and Final Technical Memorandum discussing planned capacities. Subtask 7.2 Intake Permitting Analysis Activities: Review existing and proposed intake facilities and screens in consideration of the Endangered Species Act(ESA) and the potential for listed species to occur in the vicinity of the Willamette River intake. Meet with permit agencies and stakeholders to 1)review existing installation,2)review the WWSS project goals up to 120 mgd, 3)review concepts associated with meeting the goals and capacity. Review existing environmental flow studies and related documentation relevant to this reach of the Willamette River including the flow requirements (amount and timing) of key species and communities. Assumptions: • Hydraulic/Hydrologic modeling is not included. • Fish screen compliance assessment is not included. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 34 September 17,2013 • Design updates and concepts are not included. Meetings: • Up to two staff will prepare for and attend up to two individual meetings with agencies and stakeholders. • Ongoing agency and stakeholder coordination will be through the Permit Work Group, as described in Subtask 8.4. Deliverables:Results of agency and stakeholder meetings will be documented and incorporated into the Permit Strategy(as part of Subtask 8.4) and the risk register. Subtask 7.3 Preliminary Fish Screen Compliance Memorandum The existing intake facility was designed and built prior to the most recent(2011) fish screen criteria. Activities: Review existing Biological Opinion (BiOp) that was prepared by the National Marine Fisheries Service (NMFS) for the existing intake structure on the Willamette River as well as the associated fish screen compliance assessment, other documentation that was submitted to NMFS for the BiOp, and the as-built drawings for the intake and fish screens. Prepare a Technical Memorandum that will be shared with NMFS and Oregon Department of Fish and Wildlife(ODFW). The Technical Memo will include the following components: • A summary of the BiOp as it relates to the Willamette Pipeline project, including details of the approval and conditions. • Summary of existing screen openings and dimension, including comparison to current requirements. o A summary of potential modifications that may be required for an increase in withdrawals at the intake,including: o A summary of the sweeping and approach velocities that were analyzed for the existing intake and their relation to current compliance criteria o A review of the calculations that were previously conducted that could support an increased capacity o A general description of the potential modifications to the screen and intake that may be required for an expansion up to 120 mgd • A recommended approach for permitting the expanded intake including what process would be used to model, design, and complete a fish screen compliance assessment. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 35 September 17,2013 The draft Technical Memo will be used to coordinate with NMFS and ODFW on the permitting process. The Technical Memo will then be finalized based on the input from NMFS and ODFW and will be incorporated into the overall permitting strategy. Assumptions: • Copy of BiOp,proposed design, other material used to support the ESA consultation, and the as-built drawings will be provided. • Intake and fish screen design modifications are not included Meetings: Meetings with NMFS and ODFW will occur in Task 8.4. Deliverables: Draft and final technical memorandum. TASK 8. Cultural and Natural Resources Investigations and Permitting Activities: Identification of the permitting-related elements and risks associated with the proposed alignment, crossing and storage alternatives. Assumptions: The following assumptions apply to Task 8: • Study area assumed to cover preferred pipeline alignment, three potential reservoir sites (approximately 10 acres per site), and three Tualatin River crossings. It is assumed staging areas will not be defined for this current project phase. • At least 90 percent of the alignment alternatives will be in existing roadway. • The deliverables developed as part of this scope can be used to support the design and construction phase permitting effoits owever,permits (oth Than those required for — -- geotechnical exploration)will not be obtained as part of this phase. Subtask 8.1 Cultural and Natural Resources Investigations Subtask 8.1.1 Cultural Resources Activities: Preliminary Studies–Participation in scoping meetings and analysis to examine a variety of issues affecting the project including: range of applicable state and federal laws and policies;potential permitting requirements; potential tribal consultation requirements and concerns; identification of potential cultural resources scenarios; and likely schedule for completion of cultural resources investigations. Conduct phone calls, emails and/or in person meetings with appropriate state and federal agency and tribal representatives to discuss the project scope, schedule, and potential concerns. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 36 September 17,2013 Conduct a data search at the State Historic Preservation Office (SHPO)in Salem, Oregon, in order to identify known or suspected archeological and cultural resources including, archaeological sites, architectural historical properties,historic cemeteries, and Indian burial grounds in and within a one mile radius of the project alternatives. The SHPO research will also include information about previous cultural resource studies that may have been conducted within the vicinity of the project alternatives. Consult historic maps that may be publicly available(including General Land Office maps, historic highway maps, aerial photographs, Sanborn fire insurance maps, and Metsker's maps) in order to identify historic features that may be present in proximity to project alternatives. Analyze landforms, geomorphology, and hydrology in the vicinity of the project alternatives to assess the relative potential of each alternative to affect previously unidentified prehistoric archaeological resources. Review available resources that may be available to identify traditional land use or other cultural resources concerns to the region's tribes. Field Verification—Conduct a field visit of the likely preferred alignment. The field verification will involve driving the preferred alignment to confirm the presence of historic resources where research has indicated that they should be present, and to assess the archaeological potential of areas identified as moderate to moderately high sensitivity during the research. Mapping and Desktop Reporting—Summarize the results of the research and analysis and present the potential risks to cultural resources in two formats. Utilize the,results of the research and analysis to produce a cultural resources GIS layer that identifies culturally sensitive locations. Given the sensitive nature of archaeological resource information, Consultant will create buffers around specific site locations. Consultant will also develop a sensitivity scale to represent the sensitivity mapping including 1)high sensitivity(within and immediately adjacent to recorded resources),2)moderately high sensitivity(landforms known to commonly contain prehistoric sites and at historically mapped features locations), 3)moderate sensitivity(landforms known to occasionally contain archaeological resources and in proximity to historically mapped feature locations), and 4)low sensitivity(on landforms that typically do not contain archaeological resources and highly disturbed locations). Meetings:Up to two staff will participate in up to three meetings to discuss baseline cultural resource conditions with the Partners, SHPO or other cultural resource stakeholders to clarify cultural resource concerns related to the alignment and storage alternatives. Meetings will not exceed three hours in length. These meetings are in addition to those included under Subtask 8.4. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 37 September 17,2013 • Assumptions:Field verification will represent a planning level of effort to further define potential risks.No recordation of historic or archaeological resources will occur. Deliverables: • Meeting documentation and cultural resource-related coordination. • A GIS data layer that contains cultural resources sensitivity areas based on the criteria described above. • A technical report that explains the GIS mapping,details the nature of known and predicted cultural resources potentially affected by the project alternatives, and makes recommendations for additional studies that may be required to satisfy state and federal laws and policies.Information regarding known cultural resources documented in the proximity of the project will be presented in tabular form that includes the resource number/name,resource type,National Register of Historic Places(NRHP) eligibility status,and distance to the various alternatives under consideration. Subtask 8.1.2 Natural Resources Review Existing Documents—Review previously prepared reports and related documents as they relate to natural resources permitting. Jurisdictional Wetlands and Waterways—Using existing information, such as aerial photography and Local Wetland Inventories, identify potential jurisdictional wetlands and waterways including Tualatin River Crossing along the preferred alignment and storage alternatives.Areas will be field-verified,as appropriate. Species and Habitats of Concern—Using existing information, conversations with resource agencies andT)ther stakeholders,the re n Biologieal-Inform-a Center — - database and knowledge of the project area,identify the locations of species and habitats of concern along the preferred alignment and storage alternatives with the potential to affect the permitting process. Other Important Natural Resources—This category is intended to include natural resource features that either overlap with the above categories but may have a different regulatory or public involvement concern,or that may be missed by the above categories. Features such as public parks and open space, Clean Water Services'Vegetated Corridors, and other local jurisdiction natural resource requirements will be covered using existing information, conversations with agencies and stakeholders, and field- verification as appropriate. The intent is to cover those topics that may pose a public involvement and/or permitting risk. Evaluate Alternatives—Natural resources will be evaluated in terms of the potential challenges to alignment permitting. Evaluation will emphasize the relative magnitude of TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. • Preliminary Design 38 September 17,2013 impact from one alternative to the other, with the goal of ranking the alternatives with respect to natural resources. Support Preferred Alignment Design—Using the preferred alignment corridor, support impact avoidance and minimization related to natural resource areas. Additional field work will focus on areas of critical concern as they relate to preparation of the 30 percent design submittal. Refinements of mapped resources will occur as budgeted to support critical design decisions. Based on the preferred alignment and design criteria,prepare a memo summarizing the potential and general mitigation requirements. Memo to include information related to in- water work periods and other natural resource-related schedule considerations. Meetings: General meetings will be conducted as part of scheduled TAC meetings. In addition,up to four meetings four hours in length will be conducted to develop permitting strategy outside TAC meetings. Assumptions: • Species-specific surveys,wetland delineations, and functional assessments are not included in this scope of work. • Field verification,if required,would be at a reconnaissance/planning level of effort to further define potential risks and mitigation strategies. • Field verification time has been budgeted based on three—eight hour field days for two biologists. • Formal permitting report deliverables such as wetland delineation reports, compensatory wetland mitigation plans,local land use natural resource overlay code compliance documentation, etc.will not be conducted. • Permit-level mapping of project elements will not be conducted. • Report deliverable will not constitute sufficient level of resource mapping and documentation suitable for permit submittals. • Design support will be based on the impact footprint that defines estimated temporary and permanent impacts. • Mitigation will not be addressed as part of this task. Deliverables: • Draft and Final Natural Resources Existing Conditions Report. • Draft and Final Impacts and Mitigation Memo based on the preferred alignment. • Natural resource-related GIS layers. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 39 September 17,2013 Subtask 8.2 Land Use Activities: Preliminary Land Use Analysis Memorandum—Coordinate with local planning staff • at each jurisdiction to obtain and confirm existing zoning information and identify key issues for each of the jurisdictions in the vicinity of the corridor. Schedule and conduct one meeting with each jurisdiction. Upon completion of the coordination meetings, prepare a DRAFT Preliminary Land Use Permitting Memorandum that describes the results of the land use review and planning staff coordination and identifies concerns regarding the land use process for each preliminary alternative. The draft and final summary memorandum will include the following: • Summary of planning staff meetings,identifying areas of concern either from community impact or regulatory(land use)positions; • Zoning Maps of the project area,identifying zoning by jurisdiction and issue areas identified during the jurisdictional meetings. Where applicable, locations where Construction is already planned to occur, such as with the 124th Avenue extension,will be identified on the maps; • Land use matrix identifying the relevant land uses that could be affected. The matrix will include the jurisdiction; land use zone;potential land use approval process for above and below ground components of the project(allowed use, conditional use, or not allowed); and other infonmation, as applicable,that identifies requirements for land use approval along the corridor. • Analysis of Tualatin Ordinance that applies to utility development along Tualatin River. The Final Land Use Analysis Memorandum will be the basis for identifying the potential land use regulatory process and provide information to the engineering design team about potential land use issues that could affect the design. Land Use Permitting Strategy Memorandum—Upon selection of the Preferred Alignment,Consultant will revise the land use regulatory matrix developed in the Final Land Use Permitting Memorandum to identify the zoning and anticipated regulatory process for the selected alternative. Consultant will develop a DRAFT Land Use Permitting Strategy Memorandum that identifies the jurisdiction, zone, and approval process. For each jurisdiction,the Consultant will identify the permit submittal requirements,approval timeline, and asses the level of complexity for each land use action necessary to construct the corridor. This information will help inform an overall permitting strategy for the Preferred Alternative. Consultant will schedule and coordinate one series of meetings(up to ten)with individual jurisdictions during this task. Upon completion of the coordination meetings,Consultant will submit the DRAFT Land Use TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 40 September 17,2013 Permitting Strategy Memorandum to the Partners for review that incorporates the information described above and the jurisdictional coordination. Based on the Client's feedback, the Consultant will revise the DRAFT Land Use Permitting Strategy Memorandum and provide a final memorandum to the Client. Coordination with Design and Project Team—Results of the land use investigation will be shared with the design and project team. This task includes land use coordination related to the development of the base map and the development of the criteria that will be used to evaluate the alignments, crossings, the storage sites and the intake facility upgrades. Meetings: Schedule and coordinate up to two meetings with each individual jurisdiction listed below. Assume each meeting will last up to one hour and two people from the HDR team will attend each meeting. Document the outcomes of the meetings and incorporate into the deliverables described above. Assume meetings with the following jurisdictions: • Clackamas County • Washington County • City of Wilsonville • City of Tigard • City of Tualatin • City of Beaverton • City of Sherwood • City of Hillsboro • King City • Clean Water Services Deliverables: • Meetings and meeting summaries with local jurisdictions • Draft and Final -Preliminary Land Use Analysis Memorandum • Draft and Final - Land Use Permitting Strategy Memorandum Subtask 8.3 Develop Permitting Strategy Activities: Develop a Permit Acquisition Strategy to advise the Partners regarding natural resource, cultural resource and land use permits, permitting requirements, and schedule. The Permit Acquisition Strategy will incorporate the cultural and natural resource and land use information to inform the permitting process, critical path elements, and risk associated with the permit acquisition strategy. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 41 September 17,2013 The preliminary Permit Acquisition Strategy will be prepared to guide the pre-design permitting efforts and secure the corridor. Preliminary draft will include the following elements: • List of required permits • Input into project schedule to identify critical path permit tasks • Anticipated information needs necessary to complete the permit application process • Coordination strategy for key stakeholders • Key milestones and decision points • Permitting issues and requirements associated with different alignment options and terminal storage sites The final Strategy will be prepared to support the permit acquisition phase that will follow the pre-design phase.The Final Strategy will include the following elements: • Permitting risks and opportunities associated with segmenting the development of the WWSS • Anticipated permitting costs and processing timelines specific to the preferred alignment • General mitigation requirements and opportunities • Recommendations on when and how best to proceed with each of the required permits. Meetings: • Attend up to three regularly scheduled TAC meetings to discuss the Permit Acquisition Strategy. • Attend up to two external meetings with USACE to discuss federal requirements related to the Intake,wetlands, and the Tualatin River crossing. Assumptions: • Meetings with Partners will occur at regularly scheduled TAC meetings. • Permit acquisition, other than those required for pre-design explorations, are not included in this scope. • Preliminary draft Permit Acquisition Strategy will be revised per one set of Partner comments. • Final Permit Acquisition Strategy will be finalized per one set of Partner comments. Deliverables: • Draft and Final Permit Acquisition Strategy • Tualatin River Crossing Permit Strategy. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 42 September 17,2013 Subtask 8.3.1 Tualatin River Crossing Permitting Strategy Activities: Prepare standalone memorandum describing permitting issues and risks at up to three locations for crossing the Tualatin River. Summarize current understanding of issues and requirements related to natural resource, cultural resource and land use requirements at each location. Incorporate the cultural and natural resource and land use information to inform the permitting process, critical path elements, and risks associated with the permitting a Tualatin River Crossing. Memorandum will be used to inform selection of crossing location and as a basis for discussions with Permit Work Group for the Tualatin River crossing. Meetings:Meetings will occur as part of regularly scheduled TAC meetings and at strategy meetings included in Task 8.1.2. Meetings with Agencies will be included in Task 8.4. Assumptions: • Permit acquisition is not included in this scope of work. Deliverables: • Draft and Final Tualatin River Crossing Permitting Strategy Memorandum. Subtask 8.4 Establish and Facilitate Permit Work Groups Activities: Establish Permit Work Groups made up of representatives from the relevant state, federal, local, and tribal agencies. Goals of the Work Group include: • Solicit input from and provide feedback to agencies regarding Permit Acquisition Strategy. • Facilitate long-term support of the permitting process. The Work Group will provide the structure for gaining long-term buy-in on the Permit Acquisition Strategy,the range of suitable mitigation measures, and likely permit conditions with the agencies. The Work Group will place boundaries around the potential range of permit conditions and mitigation actions in an effort to reduce uncertainty to the Partners while maintaining project flexibility through the planning and design process. As part of the Work Group coordination,initiate communication with Native American tribes by contacting the Commission on Indian Services, who will verify the appropriate tribes with whom consultation should occur. It is anticipated that this may include the Confederated Tribes of the Grand Ronde,the Siletz Tribe, and possibly the Confederated Tribes of Warm Springs. Facilitate communication between the tribes and the Partners TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 43 September 17,2013 regarding the cultural importance of the area and specific information that the tribes may request regarding the scope of the project. Assumptions:Ultimate goal in this effort is to obtain agreement on the permitting process and the approach to take on our applications, i.e. criteria to meeting, modeling, etc. Meetings will be up to three hours in length. Meetings: • The following three permit work groups will be formed. Two meetings will be held with each permit work group. • #1:Willamette Intake Working Group • #2:Tualatin Crossing Working Group • #3: Reservoir and Pipeline Working Group Suggested meeting topics are anticipated to be as follows: • #1: Kick-off- Introduction to the Project and the Permit Work Group and Permit Strategy • #2: Alignment Alternatives, General Conditions within the Corridor,Proposed Selection Criteria • #3: Preferred Alignment,Impacts, Mitigation,Final Permit Strategy • In addition to Work Group Meetings, conduct one two hour individual meeting with each of the following groups: • USACE • Fishery Regulatory Agencies including USFW,NMFS,and ODFW • Wildlife Refuge Agencies including USFW and ODFW • ODEQ • Two additional environmental associates such as Tualatin River Keepers. Deliverables: • Invitations to agencies and stakeholders to join the Work Groups. • Meeting materials(agendas,presentations, summary and read-ahead information)and decision-point documentation meetings. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 44 September 17,2013 TASK 9. Develop Transmission System Design Guidelines Subtask 9.1 Transmission Pipeline Design Guidelines Activities: Develop specific design guidelines for future designs and standard details (Task 9.9), and specifications(Task 9.10) for the WWSS transmission pipeline, including: • Pipe wall thickness—evaluate and provide guidelines for recommended pipe wall thickness for varying conditions along the pipeline considering: internal pressures— nonnal and surge, allowable tension in steel; external loadings—future, construction, impact loading; thermal expansion and contraction; allowable deflection; geohazards and seismic; and handling. • Trench design—develop guidelines and recommendations for trench design considering: pipe support; trench width;pipe zone materials;pipe bedding materials; trench backfill materials; compaction; trench foundations; rock construction; trench surfacing— temporary and permanent;minimum cover—temporary and permanent ; control of water; cut off walls; and separations from adjacent pipelines and utilities. Provide guidelines for trench shoring and sloping requirements, and contractor staging areas and work zones. • Pipe joints—develop guidelines and recommendations for pipe joints considering: welded joints; couplings; flanges; expansion and contraction joints; dissimilar materials; and special connections. • Fittings—develop guidelines and recommendations for fittings considering: elbows; miter end cuts; deflections;outlets, reducers,branches, tees, laterals, and crosses; and anchor rings; and thrust restraint. • Cathodic protection—provide guidelines and recommendations for cathodic protection and monitoring considering: site conditions; groundwater; stray current; test stations; and long term maintenance considerations. • Linings and coatings—evaluate and provide guidelines and recommendations for coatings and linings considering: corrosion protection; flexible legs for seismic areas; coatings for fittings and appurtenances; field application and repairs; inspection and testing. • Disinfection and testing—provide guidelines and recommendations for disinfection considering: long term in-ground pipe storage; disposal of test and storage water; and leak testing. Meetings: Discussions and coordination of design guidelines will occur at regularly scheduled TAC meetings. Assumptions: Design guidelines will be based on industry practice,AWWA Standards and Manuals, ASCE Manuals of Practice, and other references as appropriate. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 45 September 17,2013 Deliverables:Provide one preliminary, one intermediate, and one final submittal, consisting of five hard copy guidelines, and one DVD,with documents in PDF and MS Word format. Subtask 9.2 Transmission Pipeline Appurtenance Design Guidelines Activities:Develop specific design guidelines and provide recommendations for pipeline appurtenances that will be used to develop future designs and standard details(Task 9.9), and specifications(Task 9.10)for the WWSS transmission pipeline,including: • Access manways—develop guidelines for spacing,locations,maintenance access; worker safety;confined space considerations;ladders;hatches and lids; and pipe supports.. • Air release and air/vacuum valves-develop guidelines for sizing, spacing,locations, coordination with surge analysis,draining and filling requirements,venting capacity, redundancy, and vent piping configurations. • Blow-offs—develop guidelines for blow-off locations,sizing,configurations,vaults, access,worker safety and protection, valves, drainage,disposal of water, and maintenance recommendations. • Mainline valves—develop recommendations and guidelines for mainline valves, including size,type,location,spacing,actuators,operations,worker safety,vaults,direct burry, shut off time,transient considerations, and maintenance. • Insulating joints—provide recommendations and guidelines regarding locations and type of insulating joints including gaskets,washers,sleeves,materials,durability, maintenance,replacement considerations,installation,and testing. •--Man-holes-and—Vaults=develop-gen,eraLguidelines-and_recommendations_for manholes and vaults that will be installed along the alignment. Consider standards for materials, size, hatches and lids, ladders,depth,accessibility and worker safety, confined space entry,pipe support,drainage,and backfill and compaction. Meetings:Presentation of design guidelines will occur at regularly scheduled TAC meetings. Conduct two work group meetings up to 2 hours each to discuss and develop requirements for design guidelines. Assumptions: Freeze protection guidelines are not included in the scope of work. Deliverables:Provide preliminary, one intermediate and one final submittal,consisting of five hard copy guidelines, and one DVD,with documents in PDF and MS Word format. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 46 September 17,2013 Subtask 9.3 Trenchless Crossings Guidelines Activities: Develop design guidelines for willow and deep trenchless crossings, including the Tualatin River Crossing, major roadways where open cut installation will not be acceptable,railroads, and creeks, drainages, or wetlands. Identify casing size and materials, casing joint, installation tolerances, optimal length, carrier pipeline installation details, annular space backfill requirements, and corrosion protection details. Develop preliminary guidelines for trenchless to open cut transitions and shaft entry and exit details. For deep shafts, develop design guidelines for pipeline tunnel to shaft transition, thrust restraint, and shaft backfill. Meetings: Conduct a trenchless construction methods workshop at a regularly scheduled TAC meeting to discuss and finalize the preliminary guidelines. Assumptions:None. Deliverables: Draft and Final Trenchless Crossing Guidelines. Subtask 9.4 Seismic Design Guidelines Activities: Develop design criteria and recommendations for future designers applicable to the transmission pipeline that provide for a Cascadia Subduction Zone or localized earthquake event. Intent of the design criteria is such that the system remains operable following a design event. Design considerations could include materials, alignment, and ground improvement,joints,pipe depth and backfill, design of appurtenances, location of isolation valves,and pipe lining and coatings. Details will be included in Task 9.2. Meetings: Discussions and coordination of design guidelines will occur at regularly scheduled TAC meetings. Assumptions:None. Deliverables: Draft and Final Technical Memorandum. Subtask 9.5 Geotechnical Subtask 9.5.1 Geotechnical Design Guidelines Activities: Provide recommendations and guidelines to address geotechnical conditions identified during the geotechnical evaluation task of this project. Provide geotechnical input into tasks 9.1 through 9.4 regarding subgrade preparation, foundation material,pipe bedding,pipe zone and backfill materials and configurations. Develop pipe loads and modulus of subgrade reaction based on expected subgrade,trench wall, and backfill material properties. Characterize the rock mass to identify anticipated behaviors during trench excavation. Identify and develop recommendations in transition zone from soil to TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System I1DR Engineering,Inc. Preliminary Design 47 September 17,2013 rock. Review pipe thrust loading and orientations and identify geotechnical requirements for thrust restraint. Meetings: Discussions and coordination of design guidelines will occur at regularly scheduled TAC meetings. Assumptions: A single draft version of the Geotechnical Design Guidelines memo will be prepared;review comments on the draft memo from the TAC will be addressed and incorporated in the Final Preliminary Design Report(Task 15). Deliverables: Draft Technical Memorandum summarizing geotechnical design guidelines. Subtask 9.5.2 Geotechnical Design for Terminal Reservoir Activities: Evaluate foundation requirements for the Terminal Reservoir site. Prepare a technical memorandum that will provide geotechnical discussions and conclusions for the following: • Project reservoir location; • Anticipated subsurface conditions and tank foundation design; • Considerations related to backfill and foundation drainage if appropriate; • Site slope stability assessment, both upslope and downslope; • Rock excavation; • Identification of major risks to reservoir site; • Access roadway cut and fill recommendations; • . Probable construction methods, and constructability issues; • Site constraints; and • Recommendations for key specification requirements. Meetings: Discussions and coordination of design guidelines will occur at regularly scheduled TAC meetings. • Assumptions: A single draft version of the Geotechnical Design Guidelines memo will be prepared;review comments on the draft memo from the TAC will be addressed and incorporated in the Final Preliminary Design Report(Task 15). Deliverables: Draft Technical Memorandum summarizing geotechnical design guidelines. Subtask 9.6 Utility Crossings • Activities: Provide specific geometric design guidelines related to installations crossing and parallel to different types of utilities and protection of proposed water transmission TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 48 September 17,2013 facilities related to existing or future utilities. Provide specific geometric design guidelines related to nearby impressed current systems or other sources of ground current. Provide design guidelines for alternating current interference for pipelines that run parallel or cross high voltage overhead power lines. Develop guidelines for achieving Quality Level A through Quality Level D for identifying existing utilities specific to the project but based on criteria established in ASCE Standard 38-02. Meetings: These guidelines will be discussed at a regularly scheduled project meeting. Assumptions: None. Deliverables: Draft and Final Utility Crossing Design Guideline Table. Subtask 9.7 Long-term Maintenance Procedures Activities: Develop processes and procedures necessary to maintain the WWSS to provide a long service life. Develop monitoring plans and procedures to determine water quality and predict the need for possible system flushing or chemical addition to assure appropriate water quality. Define inspection intervals for system components including pipelines, reservoirs, valves, air valves, pumps,motors, meters and other facility appurtenances. Define access requirements for personnel and equipment needed to perform periodic inspections and assessments. Develop processes and procedures to remove and replace facilities out of and into service to accommodate scheduled and unscheduled inspections. Develop exercising plans and procedures for equipment such as valves to assure they are operable when needed. Meetings: Discussions and coordination of design guidelines will occur at regularly scheduled TAC meetings. Assumptions: It will be acceptable to periodically remove system components from service. Deliverables: Draft and final long term maintenance procedures. Subtask 9.8 Future Condition Assessment Procedures Activities: Develop guidance on how the proposed facilities can be assessed related to the condition of the system components. Guidance will include provisions to monitor and inspect the pipelines and facilities over time. Guidance will be established to provide access to pipelines,reservoirs and facilities. Provision will be identified to allow for components that will be taken out of service as appropriate for inspection and evaluation. Flow meters will be identified to allow for system monitoring and trending. Startup and commissioning procedures will be developed to establish baseline data for critical/representative segments of pipe and for critical equipment. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 49 September 17,2013 Meetings:These criteria and procedures will be discussed at a regularly scheduled project meeting. Graham Bell will be in attendance at that meeting. Assumptions: None. Deliverables: Draft and Final Condition Assessment Procedures. Subtask 9.9 Develop Preliminary Design Details (Pipeline and Appurtenances) Activities: Based on guidelines and recommendations developed in Task 9.1 through 9.6, develop preliminary design details for the following pipelines and appurtenances. Details will be developed to a level that can be used to create consistency among future phases of design for the transmission line project. • Pipeline details—including lap welds, double lap welds,butt welds,butt strap welds, flanges,joint field coatings,shop coatings bell and spigot, outlets,reinforcement, deflections,miter cut bends, couplings for partner connections, and fabricated fittings. • Pipe trench details—including trench sections for granular backfill and CLSM, trenches in rock, trench foundations, common trenches with parallel conduits,trench separation, trench cut off walls and drains, and utility crossings. • Transmission line valve details (large diameter)—including butterfly valves (buried and in vault), valve vaults,valve operator extensions,hatches and lids, and valve boxes. • Air release and air/vacuum assemblies—including vault,vent pipe,valves,vent cover, and configuration. • Blow-off assemblies—including vault,valves, air gap, and configuration. a Pipeline markings—including tracing wire,marker post,monumentation, record drawing considerations that include location aim identifying constructed-facilihes with—a— special emphasis on buried devices that require maintenance such as anodes. • Corrosion control details—including joints bonds, cathodic protection, isolation joints, test stations, anodes, marker posts, exothermic welds, and ID tags. • General Notes—including standard notes specific to details developed in this task. Assumptions: • Design details will not be developed for surface restoration above subgrade. Surface restoration such as roadway sections, sidewalks, landscaping,pavement patching and other jurisdiction specific requirements will be provided by the jurisdiction that the pipeline passes through at the time of final design. • Small diameter pipe details will be based on TVWD and Hillsboro standard details and specifications. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 50 September 17,2013 • Design details and specifications for erosion control, traffic control, drainage, and other incidental work items will not be developed. Such details will be provided by the jurisdiction that the pipeline passes through at the time of final design. • To avoid duplication of costs, details developed for SW 124th Avenue will be used as basis for Program Guidelines. Meetings: Monthly meetings at TAC, including O&M personnel; include up to three HDR staff. Meeting will not exceed two hours. Meetings will coincide with Subtasks 9.1 through 9.4. Deliverables: Provide preliminary, one intermediate and one final submittal, consisting of five hard copy guidelines,and one DVD, with documents in PDF and AutoCAD format. Details will be 8.5" x 11" format. Subtask 9.10 Develop Preliminary Specifications (Pipelines and Appurtenances) Activities:Develop preliminary guide specifications for pipelines, appurtenances, construction and pipeline operations including those developed in Subtasks 9.1 through 9.4. The following technical specifications will be developed for general pipeline and appurtenances. • Develop specifications for the following Specifications: • Division 09—Finishes • 09 91 00—Painting and Protective Coatings • Division 31 —Earthwork • 31 21 33 —Trenching,Backfilling, and Compacting for Utilities • 31 23 00 -Earthwork • Division 33 —Utilities • 33 05 16—Precast Concrete Manhole Structures • 33 05 23.13 —Horizontal Directional Drilling • 33 05 23.16—Pipe Jacking • 33 05 23.19—Microtunneling • 33 09 10—Instrumentation and Control for Water Utilities • Division 40—Process Integration • 40 05 05—Equipment: Basic Requirements • 40 05 16—Pipe Support Systems • 40 05 23—Valves:Basic Requirements • 40 50 30—Check Valves • 40 50 35—Miscellaneous Valves Meetings: Specifications will be discussed during regularly scheduled TAC meetings. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 51 September 17,2013 Assumptions: The specifications will follow the 46 Division Master Format 2013 (6-digit specifications). Specifications developed for SW 124`h Avenue will be used as basis for Program Guidelines. Deliverables: Provide one preliminary, one intermediate and one final submittal, consisting of five hard copy guidelines, and one DVD, with documents in PDF and MS Word format. TASK 10. Utility Coordination Subtask 10.1 Identify Public and Private Utilities Activities: Identify public and private major utilities impacted by proposed improvements along the pipeline Alignment Alternatives. Gather and review existing topographic surveys and utility mapping,inventory utilities and potential conflicts, and consult with the various agencies,municipalities and utility companies relative to potential conflicts. Utility Identification and Consultation—Identify public and private utilities impacted by proposed improvements along the pipeline Alignment Alternatives. Conduct up to four total initial teleconference kick-off meetings with agency/utility representatives to review proposed work along the Alignment Alternatives. Each call will include multiple agencies. Records Research—Gather utility facility mapping and GIS data, as-built drawings, standard drawings, and service plats where available. Integrate each utility's main transmission facilities information schematically into pipeline alignment corridors with color coding to identify different utilities. Site Reconnaissance Verification—Perform site reconnaissance of the project area to observe visual evidence of underground utility facilities and verify utility provided facility map(s). Meetings: • Conduct initial teleconference kick-off meetings with agency/utility representatives to review proposed work along the pipeline Alignment Alternatives. • Conduct up to twenty individual follow-up consultation meetings with agency/utility representatives to review available utility data,mapping, site conditions, and utility interests/concerns. Meeting last up to one hour in length. Location: Local utility/agency offices, or HDR team member Portland office. Assumptions: Consultant assumes meetings with the following jurisdictions: • Clackamas County a ODOT TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 52 September 17,2013 • Washington County • Northwest Natural • City of Wilsonville • Kinder/Morgan • City of Sherwood • Portland General Electric • City of Tualatin • Bonneville Power Administration • City of Tigard • Century Link • City of Beaverton • Qwest • City of Hillsboro • Verizon • Tualatin Valley Water District • Comcast • Clean Water Services • Deliverables: • Technical memorandum providing inventory and quantitative (relative number and length) comparison of potential impacts to utilities for each Alignment Alternative. • Map identifying major utility impacts for each Alignment Alternative. • Communication documents such as copies of email,telephone memos, and/or formal correspondence of significance to the project. Subtask 10.2 Utility Records Database Activities: Develop and maintain a formal database and records of utility information collected under Task 10.1. Catalog, organize, and bind in booklet form (3-ring binder) obtained facility information(utility records, facility maps, sketches, drawings, diagrams, interview notes, facility site photos and the like). Compile and update available GIS data into GIS database. Deliverables:Facility information booklet and GIS database updates. TASK 11. Agency and Municipality Coordination Subtask 11.1 Coordination Assistance Activities: Provide assistance in coordination with various agencies and municipalities affected by proposed improvements. Develop list of primary agencies and municipalities to provide coordination assistance with the TAC and develop designated contacts from each. Confirm general communications protocol for coordinating assistance for email, phone, and mail communications with agencies, municipalities, and the public involvement consultants,relative to the communications plan developed for the overall project management plan. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 53 September 17,2013 Participate and coordinate with the Partners in contacting and coordinating design and information meetings with various agencies and municipalities with a vested interest and permitting component of the WWSS. Meetings: • Initial coordination assistance protocol will be determined at TAC meeting. • For each agency/municipality,participate in one meeting one hour in length, including up to two IIDR team members. Assumptions: • Assume that a maximum of thirteen agencies and municipalities will be involved including: Washington County, Clackamas County, Cities of Beaverton, King City, Sherwood,Tigard,Tualatin,Wilsonville, ODOT, DEQ, Clean Water Services, Metro, Tualatin Hills Park and Recreation District. Other agencies may be identified by the TAC, and a determination will be made whether the additional agency(s)will affect overall level-of-effort. • This task does not include coordination regarding land use planning. Land use planning is included in Task 8. • TAC will be the overall communications lead with agencies and municipalities. Deliverables:Meeting agenda and notes for each agency/municipality meeting. Subtask 11.2 Agency and Municipality List of Issues Activities: Develop andinaintain a list of issues associated with each agency and municipality. Maintain list in database developed under Subtask 11.3. List will include agency/municipality;project component(intake, southern transmission, northern transmission,terminal reservoir); specific permit; date and title of meeting where the issue was identified; status of issue(resolved,unresolved). Track decisions in the project decision log. At a minimum, the list of issues in the database will be reviewed formally as part of the process of identifying upcoming decisions to be reviewed with the TAC. At least one week prior to the quarterly decision-status meetings, an"Issues List"summary table will be provided to the TAC. An issue will only be defined as"Resolved"with TAC approval. Meetings:Discussions with TAC on list of issues is assumed to be conducted as part of quarterly decision-status meetings. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 54 September 17,2013 Assumptions: • Issues identified in other meetings or venues outside of HDR's direct participation, will be forwarded on to HDR by the TAC or public involvement consultant if the TAC would like to formally track the issue or comment. • Comments on the Issues List Summary Table will be addressed by making appropriate changes to the information in the database. Deliverables: Quarterly"Issues List" Summary Table. Subtask 11.3 Records Database—Municipal and Agency Information Activities:Develop and maintain a formal database and records of agency and municipality information. Create an Excel-based log of coordination assistance provided for each agency.The database will be structured to be sorted and queried by: agency/municipality; project component(intake, southern transmission, northern transmission,terminal reservoir); specific permit; date and title of meeting where the issue was identified; status of issue (resolved, unresolved). Track decisions in the project decision log. Maintain a record of information provided by each agency and municipality during the course of the project. The information source will be recorded in standard reference/ bibliography format in the database. The specific information(e.g. paper map, GIS layer, report) will be copied digitally(assuming permission to copy is granted by the owner) and stored on a SharePoint site developed,hosted and maintained by HDR. The SharePoint site will be structured to allow access to anyone approved by the TAC. A meeting will be conducted with the TAC to get input on the desired features, general structure, and accessibility to the SharePoint site. Meetings: Initial meeting to discuss SharePoint site structure and general features. Assumptions:TAC members will have ability to access SharePoint site. Deliverables: • Excel--based data log of coordination assistance provided for each agency • SharePoint site for storing records and other information provided by agencies and municipalities. • Reference record/bibliography of sources of information included in the SharePoint site. This will be included in the Excel- or Access-based database. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 55 September 17,2013 • TASK 12. Value Engineering Support Subtask 12.1 Value Engineering Meetings Activities: Participate in VE study provided by Partners. Attend initial half-day presentation by VE team.Attend VE Team Design team meeting. Provide design information to VE Team. Review VE Study recommendations.Prepare response to recommendations. Meetings: • VE Kick-off Meeting—up to four HDR team members for four hour workshop. • VE Recommendations Meeting-up to four HDR team members for two hour meeting. Assumptions:Design efforts to incorporate or address VE recommendations are not included in this scope. VE workshop will not exceed four hours. • Deliverables: • Design information(in PDF format)will be used as basis for VE Study. • Response Memorandum to respond to VE recommendations. TASK 13. Corridor and Property Acquisition Identification and Support Subtask 13.1 Strategy to Secure Public Right of Way and Easements Activities: Determine desired and minimum easement or right-of-way requirements for _ the pipeline and appurtenance structures.For preferred alignment,identify rights of way or easements needs for each jurisdiction that the project passes through. Determine approach that will be needed in each public jurisdiction to secure the right-of-way. Document the strategy in Technical Memorandum. Meetings:Meet with each jurisdiction to develop approach that will be used to obtain approval to construct the project in public rights of way. Each meeting will last up to one hour and will include up to two HDR engineers. • Clackamas County O Washington County ▪ City of Wilsonville ® City of Sherwood • City of Tualatin ® City of Tigard O City of Beaverton TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 56 September 17,2013 • King City • Clean Water Services • ODOT • Metro Deliverables:Technical Memorandum that describes right-of-way or easement requirements along the corridor and outline process for obtaining approvals to construct within the rights of way. Subtask 13.2 Strategy to Secure Private Property and Easements Activities: Based on worked performed in other tasks, identify private property that will be needed for this project. Obtain Title Reports for each property and review reports for encumbrances that could impact future development of the project components. Prepare Technical Memorandum that includes the following elements for each parcel: tax lot number, tax lot map, zoning, encumbrances from Title Report, existing ownership, and area of property required to construct project based on Preliminary Design. Meetings: Meetings conducted as part of scheduled TAC meetings. Assumptions:Assume up to six parcels will be considered for acquisition or permanent easement. No contacts or coordination with property owners will be conducted. Deliverables:Technical Memorandum identifying easement/right-of-way requirements needed for construction and maintenance of the pipeline and appurtenances. Subtask 13.3 South Cooper Mountain Coordination Activities: Coordinate with South Cooper Mountain Master Plan, City of Beaverton, and Washington County to identify preferred alignments through Master Planned Area and location of terminal storage reservoir. Assumptions: Assume Master Plan will not be finalized until preliminary routing and reservoir siting have been completed. Meetings: Conduct up to three two hour coordination meetings with South Cooper Mountain Master Plan Team. Assume up to three HDR engineers or planners will attend each meeting. Deliverables: Meeting agenda and notes to document coordination discussions and any decisions/agreements. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 57 September 17,2013 Subtask 13.4 Legal Descriptions and Easement Exhibits Activities: Provide legal descriptions and exhibits for properties and easements identified for agreements and/or acquisition. Assumptions:Assume up to ten legal descriptions and exhibits will be prepared for the preferred alignment and reservoir locations. Legal descriptions and exhibits for the treatment plant, intake, and pump station are not included in this scope of work. Meetings:None. Deliverables: Legal Descriptions and Exhibits TASK 14. Public Affairs and Public Outreach Support Activities: Participate in up to fourteen public affairs (PA) and public outreach related meetings and coordinate with PA consultant to provide technical materials for the project PA efforts. Public affairs meetings could include internal or external meetings will be determined by the project team in coordination with the PA consultant. Meetings:Up to twelve meetings including public meetings and bi-monthly meetings to discuss coordination and technical materials. Up to four HDR team members will attend each meeting. Meetings are assumed to last up to two hours each. Assumptions: PA support will include maps and figures of the pipeline elements for public meetings. Maps generated under Task 2 will be used for meetings. Deliverables: Maps and figures of pipeline elements for public involvement. TASK 15. Preliminary Design Subtask 15.1 Preliminary Design Report(PDR) Activities: Prepare a Preliminary Design Report (PDR) that summarizes design information and decisions that will be used as the basis of design for preliminary Engineering for the transmission pipeline and terminal reservoir. The PDR will include work documents by reference,inclusion, or appendix of other work elements developed during the routing study,cost estimating or other tasks completed under this Scope of Work and will serve as the baseline for development of future final design packages. The PDR will include: o Executive Sununary—introduction,project background, purpose and objectives, project delivery strategy, summary of hydraulic requirements, capacity goals and TVWD/City of Hillsboro EX. A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 58 September 17,2013 requirements, summary of costs, map of preferred alignment and reservoir site, and discussion of permitting and other project risks. • General Basis of Design—hydraulic requirements,reservoir elevations and head requirements, capacity goals, diversions and connections to partner systems,pipe sizes,materials, coatings, corrosion protection, and other guidelines defined by this project. • Project Schedule and Phasing—project phasing summary and schedule based on work developed in Task 16. Expand upon Task 16 work to include coordination between construction packages, connections between packages, and construction package testing and acceptance criteria. Task 16 work product will be included as an Appendix. • System Hydraulic Profile—Hydraulic profile of the preliminary design system from the high service pump station at the WTP to the Terminal Reservoir and from the Terminal Reservoir along the Eastern and Western extensions identifying static,minimum, and maximum HGLs, pipeline pressures, pipe sizes, and flow rates. • Terminal Reservoir Site—Provide general configuration of the facilities at the terminal reservoir site including reservoir layout, inlet and outlet piping, overflow, and general electrical requirements. Summarize hydraulic requirements related to terminal reservoir, including floor and overflow elevation and connection to Partner systems. • Preliminary Plan and Profile Drawings—Include preliminary plan and profile drawings for the main stem, eastern extension and western extension developed to establish the project baseline,horizontal alignment,vertical alignment and located appurtenances including line valves, air release valves,blow-offs,manways, special crossings, and connection points. Staging areas for tunnels and other trenchless crossings will be identified and shown along with easements and rights-of-way. Plan and Profile drawing development is detailed further in Subtask 1.2. • Specification Table of Contents—Table of Contents (TOC) of specification sections that will be included to complete biddable construction documents. TOC to include Front End specifications as well as technical specifications required. • Summary of Cost Estimate—basis of cost estimate, capital cost estimate, program cost, summary of cash flow analysis. Summary of project capital cost as TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 59 September 17,2013 developed in Task 17 will be included as a chapter in the PDR with cost estimate backup included as an appendix. • Reference to Standards-Reference to appropriate AWWA, ASCE, ASTM, AWS,ACI, and other standards used for the basis of design. Printed or electronic copies of standards will not be included. Subtask 15.1.1 Pipeline Activities: Prepare a PDR, incorporating the developed design standards,hydraulic requirements, and routing recommendations, including trenchless options for the transmission pipeline. To optimize pipeline sizing and determine a life cycle cost analysis of capital and Operations and Maintenance(O&M) costs,utilize a Monte Carlo simulation to capture risks associated with future power costs. The analysis will include capital costs (pipeline cost based on diameter,pump station cost based on HP) and O&M costs (pumping costs to terminal reservoir)based on projected flows. Assumptions: Assume up to ten legal descriptions and exhibits will be prepared for the preferred alignment and reservoir locations. Legal descriptions and exhibits for the treatment plant,intake, and pump station are not included in this scope of work. Subtask 15.1.2 Terminal Reservoir Activities: Prepare a Terminal Reservoir PDR, incorporating siting, hydraulics, geotechnical recommendations,wash-down,overflow, sampling and disinfection components, general structural and seismic requirements, coating,linings and cathodic protection,instrumentation controls and monitoring. Preliminary earthwork cut and fill -volumes-will be determined.-The PDR-will-include a project deseription-and design criteria table for the recommended tank option. Meetings: Updates on PDR and coordination with project team will occur at regularly scheduled TAC meetings. Assumptions:None. Deliverables: Draft and Final Preliminary Design Report Subtask 15.2 Preliminary Design Drawings and Specifications Activities: Prepare Preliminary drawings of the transmission pipeline and terminal reservoir based on the findings of the Preliminary Design Report. Summary of sheets is shown below. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 60 September 17,2013 • Subtask 15.2.1 LiDAR Mapping Import LiDAR Mapping data provided by Hillsboro and format for use in AutoCAD Civil 3D. Adjust line styles,text,drawing scale and other attributes needed to use data for preliminary design. Assumptions: • HilIsboro will provide complete accurate data based on a consistent horizontal and vertical datum for the project corridor. • The LiDAR data will be provided in a format that is useable in Civil 3D with file sizes that are appropriate for use in Civil 3D. • Data will be provided on discrete layers named according to project conventions. • Data processing by HDR will be limited to cosmetic changes needs to produce quality preliminary design documents. • • The Partners assume responsibility for the accuracy and quality of the data provide to the project. Meetings:None. Deliverables: None. Subtask 15.2.2 Preliminary Plan and Profile Drawings (Pipeline) Activities: Prepare Preliminary plan and profile drawings of the preferred transmission pipeline,based on the findings of the Preliminary Design Report. Drawings will be prepared at a horizontal scale: 1'=40' (1000 LF per sheet, estimated) and a vertical scale to match topographic conditions. A two panel format, with plan view at the top of sheet and the profile at the bottom of the sheet will be utilized. Summary of sheets is shown below: Summary of Sheets-30% Description Sheets General 13 Plan and Profiles 176 Details(site-specific) 8 Tualatin River Crossing 8 Cathodic Protection 8 Total 213 Meetings: None. Deliverables: Draft and Final 11" x 17" Drawings (PDF). TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 61 September 17,2013 Subtask 15.2.3 Terminal Reservoir Preliminary Drawings Activities:Prepare Preliminary drawings of the terminal reservoir and access roadway based on Task 4. Description Sheets Reservoir site plan 2 Tank site layout plan 1 Tank site grading plan 2 Tank roof plan 1 Tank cross sections 1 Preliminary Piping 2 Tank floor plan 1 Total 10 Meetings:None. Deliverables: Draft and Final 11"x 17" Drawings (PDF). Subtask 15.3 Evaluate Requirements for Incorporating ISI EnvisionTM System Activities: Determine opportunities to incorporate the ISI EnvisionTM guidelines to develop a sustainable infrastructure design into the WWSS Project.The focus areas are: 1. Quality of Life; 2. Leadership; 3. Resource Allocation; 4. Natural World; and 5. Climate and Risk. Determine opportunities to incorporate innovative methods and procedures to differentiate the WWSS Project. Meetings:Present the review of Envision system at regularly scheduled TAC meetings. Deliverables: Summary Memorandum providing recommendations and guidelines for the WWSS Project; include a DRAFT project scoring. TASK 16. Construction Scheduling and Phasing • Subtask 16.1 Project Phasing Activities:Develop construction schedule based on opportunities and options for phasing construction to take advantage of construction market drivers, including material and contractor availability,local construction projects, permit requirements and restrictions and other related construction activities. Provide"What if'schedules showing available options and benefits. Provide recommendation for preferred project phasing. Meetings: Meetings to discuss phasing at regularly scheduled TAC meetings. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 62 September 17,2013 Assumptions: • Up to two iterations of the base schedule will be developed. • Construction Phasing will include"Piggy Backing"of projects and property acquisition issues identified in Task 3. Deliverables: Construction Phasing Technical Memorandum,including"What if' Schedules Subtask 16.2 Overall Program Scheduling Activities: Develop an overall critical-path method Program schedule for integration of the WWSS components,including the transmission main, terminal reservoir,pumping station, intake and other project components; include activities related to program management, consultant selection, design, procurement and construction activities. Meetings: Meetings to discuss phasing at regularly scheduled TAC meetings. Assumptions: • Schedule will not exceed 500 tasks. • Schedule will be updated quarterly. • Cost loading will be performed at the Work Breakdown Structure(WBS)level. Deliverables: Program schedule through construction in 2026,updated quarterly to reflect changes identified during Preliminary Design and Planning. TASK 17. Cost Estimating Subtask 17.1 Cost Development Guidelines Activities: Establish program cost estimate development guidelines. Develop cost estimating guidelines for use by the Program Partners and their consultants to enhance consistency between cost estimates for projects though out the life of the program. Incorporate"best practices"as appropriate and utilize references such as ENR and American Society of Professional Cost Estimators and tailor the guide to apply to the nature and geography of the work of the Willamette Supply Project. Provide guidance for the use of contingencies and appropriate factors for cost estimating will be used at each stage of completion. Meetings: Facilitate up to two meetings with the Partners for the development of the Cost Estimating Guide. The first meeting will focus on developing the guide objectives based on the partner's input. The second meeting will review the document prior to finalization TVWD/City of Hillsboro EX.A FINAI.SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 63 September 17,2013 and distribution to obtain concurrence of the Partners that the Cost Development Guideline achieves the intent and goal of the Partners. Assumptions: American Society of Professional Cost Estimators and ENR will be basis for developing the guide and cost. Deliverables: • Meeting Notes, Action Items and Decisions/Direction Documentation. • Draft and Final Cost Development Guide. Subtask 17.2 Overall Cost Estimating for Project Development Activities:Provide program cost estimating services for different levels of project development. Develop early 2014 cost estimate for transmission facilities that will be used in 2014 cash flow. Develop unit costs by pipeline diameters to support cost benefit analysis under other tasks. Meetings: Unit cost approach will be reviewed at TAC meeting. Assumptions:Unit cost will be based on inch diameter foot and costs developed for SW 124th Ave. feasibility study. Deliverables: • Meeting Notes,Action Items and Decisions/Direction Documentation. • Conceptual Cost Estimate(Draft and Final). ---•--Feasibi-l-ity-Feasibility-Costt Estimate-(Dr-aftand-Einal-).-- -------- ----- -----__. -------------------- Subtask 17.3 Preliminary Design (AACE Class 3) Activities: With the completion of the Preliminary Design,provide an AACE Class 3 level cost estimate for Program. Cost estimate will address pipeline, appurtenances, pump station, terminal reservoir, intake modifications, and other facilities identified in the preliminary design tasks. Cost estimate will be consistent with the cost estimate development guide. Meetings: Attend meeting to review the draft cost estimate with the Partners and receive comments prior to finalizing the cost estimate. Attend one Board Meeting of each partner to support presentation of cost estimate to the Partner Board. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 64 September 17,2013 Assumptions: • Draft Estimate Review Meeting—2 hours,two HDR team members. • Support five Partner Board Meetings—2 hours per meeting, HDR Project Manager attending. Deliverables: • Draft and Final Preliminary Design cost estimates • Draft Estimate Review Meeting Notes and Documentation. Subtask 17.4 Overall Program Cost Activities:Provide overall program cost. Identify annual cash flow requirements for program short-term(next three years)and long-term(through completion of infrastructure). Provide preliminary updated cost estimates and cash flow requirements by end of March 2014. Subtask 17.4.1 Cost Estimates Activities: Develop program cost estimates. Build from the conceptual cost estimate to include other program costs that include management, design,property acquisition, permitting and other regulatory and other costs that the Partners may identify to include. • Facilitate a workshop with partners,the right-of-way consultant and others as the Partners deem appropriate to identify cost sources and factors that will be specific to the project. Meetings: • Cost identification workshop • Draft Program Cost Estimate review meeting Assumptions: • Cost estimate for water treatment plant and intake will be based on previous work done by others, escalated to present-dollars. • Right of way costs will be based on current market value. • Non construction costs will be based on percentage of construction cost. • Review Draft and Final Program Cost at two TAC meetings. Deliverables: • Draft Program Cost Estimate • Final Program Cost Estimate. TVWD/City of Hillsboro EL A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 65 September 17,2013 Subtask 17.4.2 Cash Flow Requirements and Cash Flow Analysis Activities:Based on the program costs and schedule determined in prior tasks,provide a capital improvement plan(CIP) or schedule of Willamette Supply Program annual cash flows for use by Partner utilities in their respective financial forecasting and planning. HDR will determine the allocations of capacity and associated costs to partners under up to seven scenarios for partnering with Tualatin,Tigard and Beaverton.The cash flow and cost share analysis will be prepared for each year of the Program. Scenarios will assume the same diameter and cost for the main stem of the transmission system from the WRWTP to the terminal storage reservoir. Scenarios including Beaverton will include an increased pipeline diameter and adjusted cost for the eastern extension,if indicated based on modeling work conducted under Task 6.The adjusted cost will be based on simple scaling of the estimated cost developed for the base configuration. The Engineering News Record(ENR)construction cost index value(or similar index) for the cost estimate will be listed. Meetings:Results will be discussed at a regularly-scheduled TAC meeting. Assumptions:A"partner", for the purpose of this subtask, is a city that will connect to the Willamette Supply pipeline for water service. Assumed partners and potential partners include:Hillsboro,TVWD,Beaverton,Tigard, and Tualatin. Scenarios are limited to capacity sharing alternatives within the planned system configuration,except potential upsizing of the eastern extension, as discussed above.Where needed, cost estimates prepared under other tasks will be scaled to meet the assumed system capacities under each scenario. This task does not include development of alternate system configurations, alternate pipeline and infrastructure sizes, or new cost estimates. Deliverables: Cash flow schedules in present-dollar basis for all partners. The cash flow schedule will be in annual capital improvement plan format(PDF and Excel files)so that data may be transferred to partner financial planning models. Subtask 17.5 Future O&M Expenses and Renewals&Replacements Activities:Develop an economic scenario analysis and evaluation model for use in a Monte Carlo risk analysis using professional simulation software. Under this subtask, HDR would analyze the risk associated with future cash expenditures for operations and maintenance(O&M) expenses, and for renewals and replacements(R&R) of infrastructure. Establish the requirements for maintenance and access of the pipeline and appurtenances. Determine the requirements for system operation including the potential for system flushing and discharge of flushing water. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 66 September 17,2013 The model will be a dynamic spreadsheet tool that evaluates alternative cash flow scenarios on the basis of PV. HDR recommends that the PV model use a 100- or 125- year evaluation period. A longer timeframe will encompass the useful life periods of the pipeline's initial infrastructure and provide for greater discounting of costs in the later years of the model,thereby eliminating the need to factor terminal asset values into the calculations. Evaluate cost share for each partner,based on assumed capacity share in each pipeline segment. Meetings: • Review PV assumptions,including R&R frequencies and costs, at a TAC meeting. • Review draft PV results at a second TAC meeting. • Present final results at a third TAC meeting. Assumptions: • Evaluation will be for transmission system only; operational and R&R costs for the WTP will be provided by Partners. • Evaluation will be for a single scenario of future operations and R&R. • Future unit power costs will be the only variable in the Monte Carlo simulation. Deliverables: • Present value evaluation model and Monte Carlo evaluation of future O&M and R&R costs. • Technical memorandum describing recommended maintenance and operating requirements, including inspection frequencies, cleaning, and flushing. TASK 18. Program Management Support Activities:Provide a program management workshop with the purpose of familiarizing the partners with the organizational requirements and options for a program the size and scope of the WWSS. Topics will include potential program staffing needs and organizational structures,program controls and reporting needs, quality control and quality assurance procedures,risk mitigation strategies, and potential cost control strategies. Meetings: Conduct a single four hour workshop. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 67 September 17,2013 Assumptions: • Workshop will be in addition to TAC meetings • All work will be qualitative in nature(e.g., discussion of general roles and responsibilities of required staff, as opposed to projections of full time equivalents). • Attendees will include four HDR staff, including two national experts(one focused on program management and one on program controls) and two of the local project team members Deliverables: • Meeting Notes and Documentation. • Recommendations of tools, policies and practices TASK 19. MWH Water Treatment Plant Layout and Siting Through careful planning during the original design/construction,the partners laid the foundation for cost-effective expansion of the intake, raw water pump station,process facilities and finished water pump station at the Willamette River Water Treatment Plant (WRWTP). Many of these expansion features were memorialized in the WRWTP Master Plan(MWH, 2006),which outlined the long-term strategy for expansion of the plant up to 120 mgd and beyond. The purpose of this Task is to help summarize this history for the current leadership teams at the partner agencies, to ensure key pipeline preliminary design decisions account for the treatment plant expansion. In addition, this Task will help lay the foundation for the upcoming WRWTP Master Plan Update. This task will include: • Prepare a brief technical memorandum summarizing the existing WRWTP Master Plan, highlighting the recommended approach for plant expansion. In addition, the TM will identify, in a bulleted list,new water treatment plant challenges and opportunities that have evolved since the document was originally developed. • Prepare an outline for a scope of work for the upcoming WRWTP Master Plan Update project, as well as recommendations for a master plan implementation schedule. Meetings: A 1 hour presentation summarizing the TM findings will be prepared and presented to the partner agencies at a regular TAC meeting. Assumptions: • Deliverables will be submitted as one hardcopy and one electronic file in PDF format. • No new opinions of probable construction cost (OPCC) will be prepared for this work. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 68 September 17, 2013 • • The level of detail in the scope of work outline will be similar to the scope outline provided in the RFQ for the WWSS Preliminary Design. • One round of editorial comments on the draft deliverables will be incorporated into the final deliverables. The level of effort assumes editorial comments with no substantial re- writing. Deliverables: • Draft and final WRWTP Master Plan Summary: Challenges and Opportunities. • Draft and final WRWTP Master Plan Update SOW Outline. • Draft and final WRWTP Master Plan Update Implementation Schedule. TASK 20. Optional Tasks Subtask 20.1 Similar Project Tours Activities: Coordinate with project owners to tour three similar large water supply/pipeline projects and to participate in a meeting with each project's owner. Develop agenda and logistics for meetings and tours, which will include briefing on project history, status,issues,and lessons learned. Potential sites include: • Cascade Water Alliance(Bellevue, WA) -Assume one day, including travel. • Southern Nevada Water Authority(Las Vegas,NV) -Assume two days, including travel. • Tarrent Regional Water District(Ft. Worth, TX) —Assume three days, including travel. Assumptions: • The projects' owners will agree to participate and host tours of their project. • The project tour will include up to two days of travel and one day for tour and meeting with project's owner. • Two consultant team members will attend the meetings and tours with Partners. • Travel and other direct costs for Partners attending tours are not included. Deliverables: Meeting and tour agendas and itineraries. Subtask 20.2 Additional Geotechnical Explorations Activities: Drill additional borings and advance Cone Penetration Tests(CPTs), for investigation of subsurface conditions, seismic hazards evaluation, and constructability evaluations at the terminal reservoir site, and Tualatin River crossing location and along the preferred pipeline route. The following tables summarize the proposed geotechnical explorations (borings and CPTs). The explorations along the pipeline are planned based on the mapped geologic conditions provide by Jacobs Associates in August 19, 2013. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 69 September 17,2013 .Assumed Geological ' Geoteclmical 1 Sections • Conditions/Stations Explorations Terminal Reservoir Site 3 soil borings to 50' 3 Geophysical Tests(Seismic Refraction Survey) Wilsonville Area Stream Alluvium 4 boring and 4 CPTs to 50' at 275+00 and 320+00 Coarse-Grained Flood Deposits 340+00 to 550+00 Columbia River Basalt 2 borings 215+00 to 340+00 Tualatin Area Fine-Grained Flood.Deposits 4 borings and 8 CPTs to 60' 120+00 to 215+00 Tigard Area Fine-Grained Flood Deposits 2 boring and 5 CPTs to 60' 670+00 to 733+00 Columbia River Basalt 570+00 to 670+00 Fine-Grained Flood Deposits 2 boring and 5 CPTs to 60' 510+00 to 570+00 Beaverton Area Fine-Grained Flood Deposits 2 boring and 6 CPTs to 60' 420+00 to 510+00 Columbia River Basalt 120+00 to 420+00 • Fine-Grained Flood Deposits 1 boring and 2 CPTs to 60' 200+00 to 260+00 South Hillsboro Area Fine-Grained Flood Deposits 4 boring and 8 CPTs to 60' 0+00 to 120+00 Areas To be Determined Not Identified 4 borings and 4 CPTs to 60' The exploration program includes obtaining drilling and traffic control permits in the public right-of-ways,coordinating drilling activities, drilling observation,borehole log preparation, and in-situ testing. Obtain permits and right-of-entry agreements from non-City agencies. Obtain Monitoring Well Permits,Test Bore Permits, and traffic control permits. Maintain the original copy of each permit and a table that identifies permit numbers obtained for each borehole right-of-way. Mark borehole locations with white paint and obtain utility locates for each drilling site through the Oregon Utility Notification Center(One Call Locates)at 1-800-332-2344 at least 48 hours prior to drilling.If private locates are required, arrange for these services. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 70 September 17,2013 After utilities are marked, check the borehole site and report anticipated utility or drilling equipment conflicts prior to drilling. Prepare traffic control plans and obtain traffic control permits. During street drilling, traffic control will be provided as per the approved traffic control plan. A local flagging company will be used to prepare traffic control plans and provide traffic control for borings conducted on city streets. Flag persons with appropriate signs and cones, as per the traffic control plan,will be used. Draft(field)borehole logs will be developed during drilling that will record the following borehole data: • Project name. • Borehole number. • Scaled sketch of borehole location using landmarks (for surveying) (including approximate station and offset). • Description of drilling technique,drilling dates,drill rig type, drilling company,driller's name,bit type and diameter. • Name of geologist or geotechnical engineer logging the borehole. • Location of nearest intersection. • Depth. • SPT N-values and blow counts for each six inch interval (mud rotary borings). • Core run number(rotosonic borings). • Sample type and location. • Sample recovery. • Soil descriptions. • Air space organic volatile levels (by depth). • Methane level measured in confined sample(by depth). • Notes on drilling difficulties or location of obstructions. • Drilling rates (for slow drilling). • Drilling difficulties (including obstructions). • Scaled sketch of piezometer installation. Soil samples obtained from the borings will be identified using the procedure identified in the Field Exploration Manual.This manual includes a checklist for the describing soils in a specified order. This checklist will be followed for this project and is based on ASTM D2488 for soil and International Society of Rock Mechanics (ISRM)procedures for rock. Maintain copies of field(draft)borehole logs, instrumentation detail sheet(if appropriate), and scaled borehole location sketch. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 71 September 17,2013 Assumptions: • The fees for drilling permit on public right-of-way will be paid by the Partners. • • Explorations locations and elevations will be surveyed or located with GPS. • . The soil cuttings (drilling spoils) are not contaminated and will be transported off site for disposal. • The explorations include environmental screening(visual and olfactory/smell),but do not include environmental assessments and no soil and groundwater samples needed for environmental testing will be collected and tested. • Volatile organic level and methane level screening for the pipeline and reservoir borings will be conducted at sample intervals above the groundwater level, and for river crossing borings at sample intervals for full depth of borings. • Abandonment(performance)bonds for monitoring well installations will be obtained by the Partners for borings,if needed. • Assistance may be required by the Partners to coordinate traffic control permit submissions. Subtask 20.3 Additional Boring Logs Activities: Prepare boring logs for explorations performed in Task 20.2. Interpretive gINT bore hole logs will be prepared that include the items listed above. Soil descriptions included in the gINT logs will follow the order established in the Field Exploration Manual(per ASTM D2488)and will reflect information obtained from laboratory testing. Laboratory tests conducted on borehole samples will be identified by dept sing-the-acronyms-provided_on_the Keyto xploration_Logs_(included in Field Exploration Manual). Soils symbols and sample type symbols will be used on the gINT logs will also be provided on the Key to Exploration Logs.. Subtask 20.4 Additional Laboratory Testing Activities:Perform laboratory testing on borings for exploration performed in Task 20.2. Activities: Laboratory testing will be conducted on selected borehole samples.Testing will include index testing(moisture content,Atterberg limits, organic content, and grain size analysis),and may include strength testing(unconfined and triaxial testing) and settlement(consolidation)testing. Rock property testing(used rock excavation assessment)will be conducted on boulders and rock cores from selected rock core samples, if needed. Interpretive(gINT)borehole logs will be prepared for borings and test pits based on a comparison of field observations and laboratory testing results. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 72 September 17,2013 Laboratory testing will be assigned following the completion of borings. Tests will be selected based on borehole location and design needs. Index test results will be included on borehole logs. Test results will be summarized on a laboratory testing table will be included in the Geotechnical Data Report (GDR). Individual lab test result sheets will also be prepared for inclusion in the GDR. Subtask 20.5 Supplement to Geotechnical Data Report Prepare supplement to Geotechnical Data Report(GDR) for explorations identified in Task 20.2. Activities: Upon completion of the additional subsurface exploration, laboratory testing, and borehole log preparation prepare a supplement to GDR that presents the data obtained during the geotechnical investigations described in Task 2. The report supplement will include a description of project area geology and geologic units as well as detailed descriptions of the field exploration and laboratory testing methods. Boring locations will be added to maps produced in base scope GDR. Boring logs, core photos, and in situ and laboratory testing results will be presented in the appendices. Deliverables: Preliminary supplement to Geotechnical Data Report. Subtask 20.6 Transient Analysis from Terminal Reservoir to Three Connection Points Activities: Perform a hydraulic transient analysis for the pipelines from the Terminal Reservoir to three connection points.Develop surge control measures and/or safe valve operating times to protect the pipelines from adverse pressures. Meetings: Assume one meeting with the Partners at TAC meeting to review the results of the transient analysis. • Assumptions: Transient analysis will be based on the Preliminary Design level documents, including pump station,demands,pipe materials, topography and anticipated operating conditions. A hydraulic transient analysis model of the system will be constructed using the TransAM hydraulic transient analysis software. The connection points will be the City of Hillsboro North Transmission Line,the City of Beaverton South Transmission Line and the Tualatin Valley Water District. In each case, the pipeline length considered will be up to 4 miles. Deliverables: Draft and Final Technical Memorandum summarizing the results of the analysis and including recommended surge control measures (e.g.,pressurized surge tank,pressure relief valves, vacuum relief valves with controlled venting features, etc.). TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 73 September 17,2013 Subtask 20.7 Additional Hydraulic Evaluations Activities: Revise the hydraulic models developed under Task 6 to perform additional hydraulic evaluations, including cash flow projections for varying pipe sizes and flows. Additional modeling may include: • Modeling of the JWC transmission system, including Fern Hill Reservoirs, the NTL, the STL, and Hillsboro,Beaverton and TVWD withdrawal points. The JWC system would be included in evaluation of operational scenarios under Task 6. • Modeling of additional alternatives for individual segments, such as an alternate alignment from the WTP to the southern terminus of the 124th Avenue Project, from the northern terminus of the 124th Avenue Project to the preferred Terminal Reservoir Site, or for the eastern or western extensions. Alternate segments may also include routing to an alternate terminal reservoir site. • Modeling of ability to back-feed JWC water into the WWSS to provide emergency service to the Cities of Tualatin and Tigard. • Various modeling scenarios to evaluate cost of incremental flow increases in main stem transmission pipeline. Meetings: Draft and final results will be presented at separate TAC meetings. Assumptions: Additional modeling will be conducted for up to six additional segments, each with estimated length of up to 6 miles. Deliverables: Revise the technical memo in Task 6 to include information developed in this task. Subtask 20.8 Permitting—Geotechnical Investigations Activities: Prepare permit applications to obtain geotechnical test drilling permits for drilling sites located in jurisdictional wetlands and/or other waters. Correspond with U.S. Army Corps of Engineers and Oregon Department of State Lands as required to obtain permits. Site-specific detailed wetland reconnaissance and sensitive species review is included in this effort to support permit application preparation. Meetings: None anticipated. Assumptions: • Assume two separate rounds of geotechnical investigations with approximately twenty test bore locations will be permitted in total. TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 74 September 17,2013 • Two ten-hour days of two biologists for wetland reconnaissance field work. • Location of proposed test drilling sites,methods, and bore details, will be provided to the permitting team by others. Information will be provided in a report or tech memo format. (i.e., Geotechnical Test Drilling Work Plan document). Deliverables: Draft and Final Permit Applications for up to two separate rounds of geotechnical investigations. Subtask 20.9 Undefined Additional Permitting Activities: Provide up to$50,000 in additional permitting-related activities that may develop as project progresses. This includes additional meetings with TAC or stakeholders. Meetings: Meetings will be defined as activity progresses. Deliverables: Deliverable will be defined as activity progresses. Subtask 20.10 Undefined Additional Engineering Activities: Provide up to $50,000 in additional engineering activities that may develop as project progresses. This includes additional meetings with TAC. Meetings: Meetings will be defined as activity progresses. Deliverables: Deliverable will be defined as activity progresses. Subtask 20.1ISCADA Requirements Activities: Prepare a SCADA Requirements PDR, incorporating the following topics: • Overall control strategy to deliver water from the WTP to the Terminal Reservoirs. • Define control hardware and SCADA platform requirements based on the operating entity control system standards. Discuss local and remote control requirements. • Discuss SCADA requirements for security, operations, maintenance, emergency, and asset management. • Integration of system into the operating agencies existing control system. • Discuss options to provide communications (radio telemetry or fiber optic cable) for the SCADA system. • Make note or reference to control system standards that must be followed during design: • Equipment tag numbering standards. • Control system drawing standards. Meetings:Two 6-hour workshops with Partners with up to two HDR staff TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 75 September 17,2013 Assumptions: As a separate activity from this subtask,a decision will be made by the Project partners to identify which agency will be responsible for operating the system. This decision must be made early in the project as it will drive requirements of the SCADA system. . Deliverables:Draft and Final SCADA Requirements PDR. • TVWD/City of Hillsboro EX.A FINAL SCOPE OF WORK Willamette Water Supply System HDR Engineering,Inc. Preliminary Design 76 September 17,2013 1 Willamette Water Supply System Preliminary Design Tualatin Valley Water District HDR Engineering, Inc. E A Lf1 G) C - C) U., Task Description [ask 1_-.Project Management and Coordination . 1.1 Consultant Team Project CoordinationlCommun'cation - _ $ 223,913 1.2 Project Guide Preparation(Project Management Plan) $ 7,995 1.3_ Monthly Progress Reports $ __`34,726 1.4 Project Quality Assurance/Control(QA/QC) _- $ - 1.4.1 Qualit Assurance $ 54,254 1.4.2 PARR $ 25,260 1.5 Project Coordination-Meeting Attendance $ - 1.5.1 Prelimina Design Pro'ectTeam Meetin•s AC $ 118,416_. 1.5.2 Stakeholder Meetings $ 41,289 1.6 Decision Log and Project Records _ $ - 1.6.1 Decision L.. $ 57,990 1.6.2 Project Records $ 18,611 1.7 Risk Registry . $ 57,463 1.8. Preliminary Design Project Schedule _ $ 45,60(3 1.9 Team Chartering $ 14,450 — _ Sub-total $ 699,972 15_ 2;jse information _. 2.1 Base Map Development $ - 2.1.1 Concept-Level GIS Mapping $ —70,715 2.1.2 Preliminary-Level GIS Mapping for Preferred Concepts _ _ $ 40,733 2.2 Geotechnical Investigations $ 22:1 CorridorGeologicand-Geotechnical-Data Collection-and-Review------- --- - $ - 2.8,665 2.2.2 Seismic Hazard Assessment _ $ 22,023 2.2.3 Geolo.ic Field Reconnaissance $ 18,239 2.2.4 Geohazard Ma's $ 12,328 2.2.5 Inter.retiveGeolo.icProfiles $ __21,786 2.2.6 Geotechnical Investigation Plan $ 4,132 2.2.7 Geotechnical Explorations - $ 79,417 • 2.2.8 Borehole Lois $ _ 4,65 2 2.2.9 Laborato Testin. _ $ 30,687_ 2.2.10 Preliminary Geotechnical Data Report $ 8,601 2.3 Existing Document Review _ $ 8,583 2.4 Hazardous Materials Corridor Study $ 21,930 Sub-total $ 372,488 Trask.3 lianment Evaluation 3.1 Establish Selection Criteria $ - Establish Selection Criteria Matrix $ __ 13,919 Selection Criteria Memorandum $ 3,984 3.2 Preliminary Alignment Alternatives $ - Prelimina Ali.nment Alternatives $ - 17,541 Alternatives Ma $ 14,595 3.3 Screen Alternatives $ - i Windshield Site Reconnaissance - $ 40,993 Alternatives Map _ $ 7,346 Alternative Evaluation Memorandum $ 5.550 September 20,2013 1 HDR,Inc. Exhibit B-TVWD Contract No. 2014-153 Wiiiamette Water Supply System Preliminary Design Tualatin Valley Water District HDR Engineering, Inc. i • C E w C) v L. 3.4 Refine Alternatives and Identify Preferred Alternative -_ $ - Alternatives Short-listing $ -14,207 Focused Route Reconnaissance and Evaluation $ 32.024 Preferred Alignment Technical Memorandum and Workshop .5 20,823 3.5 Determine Requirements to Secure Preferred Alignment $ - Corridor Acquisition Technical Memorandum $ 20.037 Construction Phasing Opportunities -- - $ 10.017 3.6 Seismic Evaluations $ 61,755 3.7 Geotechnical Analysis Technical Memorandum for Pipeline Alignment - $ 65,961 3.8 Tualatin River Crossing Evaluation $ _ 22,481 3.9 Trenchless Evaluations $ 19,200 Sub-total $ 371,023 Pilig:Storage Evaluation 4.1 Viability Criteria for Terminal Storage Sites yg 9,467 4.2 Preliminary List of Viable Terminal Storage Sites $ _ 19,008 4.3 Selection Criteria for Terminal Storage Sites L 10,449 4.4 . Preferred Terminal Storage Alternative - $ 50,977 4.5 Allocation of Terminal Storage Volume&Operational Accounting of Stored Water $ 12,147 4.6 Maintenance and Inspection Activities for Terminal Storage Facility $ 7,681 Sub-total $ 109,728 tuate Feasibllllfyof i SR Pa lfiiles Bs Acidltional Storage 5.1 ASR Water Quality Compatibility.Assessment with Willamette River Source $ 17,624 Sub-total $ 17,624 TaS#c`6-System Hydraulic EvaCtaations - 4.z' yi l_ 6.1 Establish Base Hydraulic Model, Hydraulic Design Criteria,&Operating Conditions $ 26,868 6.2 Transmission Alignment and Terminal Site Alternatives and Evaluation $ • 18,166 6.3 Minimum and Maximum System Hydraulic Grade Lines $ 71,261 6.4 Appurtenance Hydraulic Requirements . $ 16,625 6.5 Update Hydraulic Model • $ 11,327 6.6 Hydraulic Transient Analyses _ $ 49,295 6.7 _ WWSS Water Quality $ 22,403 Sub-total $ 215,945 7,445.y.-;Existing Water Intake;Facilities Evaluation ; _ ;; 7.1 Establish Future Demands on the Willamette Supply ? 4,257 7.2 Intake Permitting Issues • $ 7,221 7.3 Preliminary Fish Screen Compliance Memorandum $ 16,776 x .a _ - Sub-total S �- 28,254 ,,, , _8-Natural Resources,.Cultural Resources,and Land.Use Permitting Coordination 8.1 Cultural and Natural Resources Investigations $__ - _ 8.1.1 Cultural Resources $ 41,948 8.1.2 Natural Resources $. - Review existing documentation - $ 7,369 Jurisdictional Wetlands and Waterways $ 9,828 Species and Habitats of Concern $__- 4.739 Field work $ 19.324 Permitting Strategy Meetings $ � 31,481 Draft and Final Natural Resources Existing Conditions Report $ 16,310 Draft and Final Impacts and Mitigation Memo based on the preferred alignment. 13_s I September 20,2013 HDR,Inc. Exhibit B-TVVVD Contract No 2014-153 Willamette Water Supply System Prelit inary Design Tualatin Valley Water District HDR Engineering, Inc. V E N u. Land Use $ Prelimina Land Use Anal is Memorandum $ 15,064 Meetin•s with Planning staff $ 9,957 Land Use Permitting Strati• Memorandum $ 16,328 Follow U Meetings with Planni • Staff $ 9,957 8.3 Develop Permittin• State. $_ __ - Draft Permit A«•uisition Strat-• $ ?2,372 Revised PermitAc•uisitionStrat-• •er Partner Comments $ 6,658 Revised Permit Ac•uisition Strat:• ger Permit Work Grou• Comments $ 8,356 Final Permit - •uisition Strat-p $ 14,078 USACE Meetings $ 8,199 8.3.1 Tualatin River Crossing Permitting Strat-• $ 11,977 8.4 Establish and Facilitate a Permit Work Grou $- _ - Work Grou Coordination _- $__ 12,780 Individual A•en Meetings $ 10,417 Work Group Meetings $ 2_5^778 Invitations Sub-total $ 324,604 j"sk 9-Develop Tr 1' . -s t {;; :^L__ 9.1 Transmission Pipeline Design Guidelines - $ 78,497_' 9.2 Transmission Pipeline A g urtenance Design Guidelines $ 37,710 9.3 Trenchless Crossings Guidelines $ 11,874 9.4 Seismic Design Guidelines _ $ 13,881 9.5 Geotechnical $ - 9.5.1 Geotechnical Des•n Guidelines -__ 5 12,411 - - 9-5:.2----Geotechmical-Desi•ndorTerminaFReservoir- _ _ 5 14,415 9.6 Utili Crossings $ 4,167 9.7 Lon g-Term Maintenance Procedures 24,903 9.8 Future Condition Assessment Procedures . T-;- 16,430 9.9 Develo• Prelimina Design Details '.5 74,460 9.10 Develo• Prelimina Specifications _ $ 65,594 . Sub-total $ 354,341 Task 10-Utility Coor liia'tTen : . .; ags 10.1 Identify Public and Private Utilities $ 43,542 10.2 Utility Records Database $ 23,551 Sub-total $ 67,093 Task 11 -Agenc :at7t J Municipality Citation '",.k -,: - "" `. 11.1 Coordination Assistance $ 16,052 11.2 'gene and Munici g alit List of Issues $ 18,346 11.3 Records Database-Munici gal and A•en Information $ 16,4 24 Sub-total $ 52,822 Task 12-Value Engineering upport VE Meetings $ 7,990 VE Response Memorandum $ _ 11,654 5ulrtut.11 $ 19,643 ask 13-Corridor and Pro g F Acquisition' 13.1 Strata to Secure Public Right of Wa and Easemi;u--; $ 25,585 MEStrafe* to Secure Private Prole and Easements 5 22,343 South Cooper Mountain Coordination 11,798 13.4 Legal Descriptions and Easement Exhibits 30,059 Sub-total 83,783 September 20,2013 HDR,Inc. Exhibit B-TVWD Contract No. 2014-153 .3 of 1 Willamette Water Supply System Preliminary Design Tualatin Valley Water District HDR Engineering, Inc. 0 i< N w 0 0 u- __ Task 14 P` blic Outreach Support ~m6u 14.0 Public Affairs and Public Outreach Support �.-- $ 36 035 Sub-total $ 36;035 Task leikAa 3i Qeslriit" 15.1 Preliminary Design Report(PDR) $ 15.1.1 Pipeline _ $ 51,123 15.1.1 Terminal Reservoir $ 31,684 15.2 Preliminary Design Drawings and Specifications $ - 15.2.1 LiDAR mapping $ 9,458 _ Survey allowance $ 50,00O 15.2.2 Preliminary Plan and Profile Drawings $ 268,168 15.2.3 Terminal Reservoir Preliminary Drawings $ 51,587 15.4 Evaluate Requirements for Incorporating ISI Envision Th" System $ 7,391 Sub-total $ . 469,411 T;sk 16=Corast uIcttottcOcfieduting and Phasing. ,,` 16.1 Project Phasing $ 19,937 16.2 Overall Program Scheduling I$ 32,662 Sub-total "$ 52,599•140E;17 24,0$2. 17.1 Cost Development Guidelines $ 17.2 Overall Cost Estimating for Project Development $ 24,009 17.3 Preliminary Design (RACE Class 3) $ 57,146 17.4 Overall Program Cost $ 1,612 17.4.1 Cost Estimates $ 15,7:.., X17.4.2 Cash Flow Requirements and Cash Flow Analysis _ _ $ 27,838 27,89& - T7:5- --�ufure-O&fSfiEx�Sai��d-Rettewals&Replaoements-------- ---- ------- $ _:_. Sub-total $ 178,273 Task 18:Prd _e** . � t Support port p 18.0 Program Management Support _ $ - 17,465 Sub-total $ 17,465 Task 19= -_10414004tment Plant Support . - 19.1 Project Management _ _ _-__ _ $ 2,525 19.2 WRWTP Master Plan:Summary - _ $ 12,398 19.3 TAC Meeting Support -_ $ 6,046 Sub-total e Task 20-'Opt1 =; 20.1 Similar Project Tours - 20.2 Additional Geotechnical Explorations 20.3 Additional Boring Logs _.- $ 15,149 20.4 Additional Laboratory Testing - - - $ 34,219 20.5 Supplement to Geotechnical Data Report $ 70,329 20.6 Transient Analysis from Terminal Reservoir to Three Connection Points $ 44,396 20.7 Additional Hydraulic Evaluations - $ 50.000 20.8 . Permitting-Geotechnical Investigations $ 32,973 20.9 Undefined Additional Permitting $ 50,000 20.10 Undefined Additional Engineering $ 50,000 20.11 SCADA Requirements - $ 51,347 Sub-total ' 679,691 �'._....-.-o-... 4,177,970 September 20,2013 HDR,Inc. Exhibit B-TVWD Contract No. 2014-153 1 of 4 AIS-1663 3. C. Business Meeting Meeting Date: 04/08/2014 Length (in minutes):Consent Item Agenda Title: Authorize the Mayor to Execute an Agreement with ODOT Regarding Power Costs to Operate a Streetlight at the Intersection of Pacific Hwy and Durham Rd Prepared For: Mike McCarthy,Public Works Submitted By: Renee Ferguson, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Shall the council authorize the mayor to execute a cooperative improvement agreement with the Oregon Department of Transportation (ODOT) regarding power costs to operate a streetlight at the intersection of Pacific Highway and Durham Road? STAFF RECOMMENDATION /ACTION REQUEST Authorize the mayor to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The council was briefed on this agreement at its March 25,2014,meeting. Background ODOT is wrapping up the design on a project to improve safety on Pacific Highway near Fischer Road,just south of Tigard. This is a safety project to reduce the number of crashes involving drivers turning left into or out of Royal Villa Drive,which is about 275 feet north of Fischer Road. Project plans include extending the center median across this intersection to physically prevent drivers from turning left into or out of Royal Villa Drive. Drivers from Royal Villa wishing to travel southbound will need to make a U-turn at the Pacific Highway/Durham Road intersection. ODOT will be replacing the signal pole and equipment at the northeast corner of the intersection to facilitate this U-turn movement. Staff has received complaints and safety concerns about the darkness of the crosswalk across Pacific Highway on the north side of Durham Road.The signal pole replacement for this project provides the opportunity to install a luminaire (streetlight),and ODOT will fund the installation of the streetlight. The city currently pays for the power costs of the Pacific Highway/Durham Road traffic signal under an agreement signed in 1981. This agreement also includes power costs for most of the other traffic signals along Pacific Highway in Tigard and streetlight power costs at many of these other intersections.The additional costs to operate the new streetlight will be added to the city's monthly power costs. Agreement Terms Summary •ODOT will design,construct,and maintain the new traffic signal/streetlight pole. •The city will continue to pay the power bills for the traffic signal,as well as the additional power costs for the new streetlight. Additional Information More information about the overall project can be found on the project website at: http://www.oregon.gov/ODOT/HWY/REGIONI/pages/fischer.aspx The project will include a sidewalk along the east side of Pacific Highway from Fischer Road to the Tigard Towne Square (Albertson's) shopping center. It will also include lengthened left turn lanes at the Pacific Highway/Fischer Road and Pacific Highway/Durham Road intersections and will clarify which portion of the northbound right turn lane is for turns into the shopping center and which portion is for right turns onto Durham Road. OTHER ALTERNATIVES The council could propose changes to the agreement or could decide not to approve the agreement. Should the council decide not to approve the agreement,it is likely that ODOT would remove the streetlight from the project and this opportunity to illuminate the crosswalk would be lost. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Completion of this project would make progress towards Tigard's Transportation System Plan and strategic plan goals of improving walkability and pedestrian safety. DATES OF PREVIOUS COUNCIL CONSIDERATION The council was briefed on this agreement at its March 25,2014,meeting. Fiscal Impact Fiscal Information: Electricity for the new streetlight is anticipated to cost approximately$16 per month or$192 per year. The current fiscal year 2013-2014 budget includes$544,693 for electricity for streetlights and traffic signals,which is sufficient to cover the power cost of the additional streetlight. Attachments Cooperative Improvement Agreement Misc. Contracts and Agreements No. 29214 COOPERATIVE IMPROVEMENT AGREEMENT OR 99W: SW Fischer Road to SW Durham Road MP 11.00 to MP 12.10 Illumination and Maintenance THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Pacific Highway West (OR 99W), is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). SW Durham Road is a part of the city street system under the jurisdiction and control of city. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State, by ORS 366.220, is vested with complete jurisdiction and control over the roadways of other jurisdictions taken for state highway purposes. 4. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibility for and jurisdiction over all other portions of city street remains with the Agency. 5. By the authority granted in ORS 810.080 State has the authority to establish marked pedestrian crosswalks on its highway facilities. 6. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications. 7. By Agreement Number 6396, executed July 13, 1981, State and Agency agreed that Agency would accept all responsibility for, and pay all costs of, electrical energy consumed in operation of the traffic signals on the Pacific Highway West (OR 99W) at SW Durham Road. State and Agency mutually agree and understand that the Key No. 17701 Agency/State Agreement No. 29214 agreement of July 13, 1981 shall remain in full force and effect, except as expressly modified by this agreement. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree that as part of a larger project constructed by State, State will be replacing the existing signal pole in the NE corner of the Durham Road intersection with a combo signal/luminaire pole, hereinafter referred to as "Project." The Project includes replacement of the signal pole with luminaire, reconstruction of the sidewalk surrounding the replaced signal pole. The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The total project cost for the signal pole and sidewalk is estimated at $70,000. The Project shall be financed by State with funds available to State. 3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance responsibilities for the useful life of the facilities constructed as part of the Project. The useful life is defined as twenty (20) calendar years. The Project shall be completed within ten (10) calendar years following the date of final execution of this Agreement by both Parties. AGENCY OBLIGATIONS 1. Agency grants State the right to enter onto city right of way for the performance of duties as set forth in this Agreement. 2. Agency, by execution of Agreement, gives its consent as required by ORS 373.050(1) to any and all closure of streets that intersect the state highway, if any there be in connection with or arising out of the Project covered by the Agreement 3. Agency shall, as provided in Agreement No. 6396, be responsible for one hundred (100%) percent of electrical power for the traffic signal and will additionally, under this Agreement, be responsible for the power for the luminaire installed on the Project signal pole. Agency shall ensure that the power company sends the electrical bills directly to Agency. 4. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 5. Agency's Project Manager for this Project is Mike McCarthy P.E., Sr. Project Engineer, 13125 SW Hall Blvd., Tigard, OR 97223, (503) 718-2462, mikem @tigard- 2 Agency/State Agreement No. 29214 or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 2. State shall at its own expense and as provided in Agreement No. 6396, continue to perform all necessary maintenance of Project traffic signal and continue to control the timing established for operation of the traffic signal. State shall also, at its own expense, be responsible for all maintenance of the associated Project luminaire. 3. State shall, upon completion of the Project, perform all necessary maintenance to that portion of reconstructed sidewalk in the vicinity of the replaced signal pole. 4. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the highway Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 5. State shall be responsible for all costs associated with construction and installation of the Project. 6. State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project in order to conform the utilities and other facilities with the plans and the ultimate requirements for the portions of the Project which are on Agency's right of way. 7. State's Project Manager for this Project is Lindsay Higa, Project Leader, ODOT — Region 1 , 123 NW Flanders Street, Portland, OR 97209, (503) 731-4996, lindsay.higa @odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by either party upon thirty (30) days' notice, in writing and delivered by certified mail or in person. 3 Agency/State Agreement No. 29214 2. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant 4 Agency/State Agreement No. 29214 equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. 5 Agency/State Agreement No. 29214 This Project is in the 2012-2015 Statewide Transportation Improvement Program, Key #17701 that was adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). CITY OF TIGARD, by and through its elected STATE OF OREGON, by and through officials its Department of Transportation By By Mayor Region 1 Manager Date Date By APPROVAL RECOMMENDED Recorder By Date Region 1 Traffic APPROVED AS TO LEGAL SUFFICIENCY Date By By Agency Counsel District 2B Manager Date Date Agency Contact: Mike McCarthy P.E., Sr. Traffic Engineer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2462 mikem©tigard-or.gov State Contact: Lindsay Higa, Project Leader ODOT— Region 1 123 NW Flanders Street Portland, OR 97209 503-731-4996 lindsay.higa @odot.state.or.us 6 Agency/State Agreement No. 29214 EXHIBIT A— Project Location Map STIP PROJECT LOCATION " ODOT REGION 1 ,T qt. PARK ST(7 1 I 0m a�' �' w 1 �y6�' to An < a P OMARA ST 1 '1 N 4 paw EDGEwOOD ST , MCDONALD ST 1 I _` < Tigard Q , f~» e�<< INEZ ST INEZ ST a MOUNTAIN RD MURDOCK ST I SUMMIT RIDGE F ST SATTLER ST KABLE ST $ WOODHUE ST O f 9��p Q SUMMERFIELD OR 1- BEE DURHAM RD m I a DICKSON x 0 King Q City = FISCHEa SO PROJECT LOCATION m Washington Coen„.....Orz, Al---.."...... \\,\............ --49 AZELBROOK 141)/�N4 TUALATIN RD `cc • o No AC t this time a oik G'r, ON DR < O pg'”G - p C''. LEVEL o> 0 Q 9 ' Or 124TH ft, Q ° Tualatin x `t1 AVE NOW a> ID 0 LEGEND — PROJECT LOCATION OR99W: SW FISCHER ROAD STATE HIGHWAY CLASSIFICATION KEY NO. 17701 INTERSTATE STATEWIDE — REGIONAL t DISTRICT This products for nfmmstional purposes and may 0 0.3 Miles nal have boon prepared for or be seeable for legal. AINNAArinp.of swwynp JARM s. Users of ens i■ REGIONAL BOUNDARY Information ehosed meow or consult Me primary data PRODUCED BY ODOT-G:S UNR — COUNTY BOUNDARY and Informaoon sources to asoertan Me wanks '7 (SD3)980.3151-SEPTEMBER 2511 ACT BOUNDARY of t.information• GIS No 23.52 \'^ SISNORKG=3 62 OTC mlpf ardgamtPOTC SWISOIC_t1 WPSRSCONINN) 7 AIS-1677 3. D. Business Meeting Meeting Date: 04/08/2014 Length (in minutes): Consent Item Agenda Title: Authorize the Mayor to Execute an Agreement with ODOT to Include a Water Line Replacement in the Main Street Green Street Project Prepared For: Kim McMillan Submitted By: Renee Ferguson, Public Works 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 mayor to execute a cooperative improvement agreement with Oregon Department of Transportation(ODOT) to include a budgeted fiscal year 2013-2014 water line replacement project in conjunction with the Main Street Green Street project? STAFF RECOMMENDATION / ACTION REQUEST Authorize the mayor to execute the agreement. KEY FACTS AND INFORMATION SUMMARY The council was briefed on this agreement at its March 25,2014,business meeting. The Oregon Department of Transportation (ODOT) and the City of Tigard entered into an Agreement on August 28,2009.The Agreement covers retrofitting the southern half of Main Street,which is known as the Main Street/Green Street(MSGS) project (CIP No. 97003). The City of Tigard has a water line replacement project in Main Street (CIP No. 96029) and the desire is to complete the work at the time the MSGS project is underway. The above mentioned agreement is for a green street project,which does not recognize a water line replacement as a component.Therefore, the city is responsible for the design and construction costs of the water line. In order to reduce construction time and disruption to businesses on Main Street,the city requested that the water line work be incorporated into the bid documents for the MSGS project. In order to do that,a Cooperative Improvement (Utility)Agreement(CIA) is needed between ODOT and the city.This CIA outlines the obligations of each agency as follows: •The city grants ODOT the right to enter onto city right of way for the performance of work related to the water line. •The city shall forward to ODOT an advance deposit in the amount of$278,297.89 for the water line work. This amount is based on the engineer's estimate of total project costs. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the water line work. •The city will inspect the water line and appurtenances and work directly with ODOT personnel. •ODOT,or its consultant,shall conduct the necessary field surveys,studies,advertise for bid proposals, award all contracts,pay all contractor costs,provide technical inspection,project management services and other necessary functions for sole administration of the construction contract. •ODOT will upon completion of the project send a final bill or a refund to the city for the water line work.The final construction costs will be compared to the deposit to determine the final bill or refund amount. OTHER ALTERNATIVES The council could propose changes to the agreement or could decide not to approve the agreement. Should the council decide not to approve the agreement,the city would be required to bid the water line work as a separate project. This would delay the Main Street project and would also result in additional disruption to businesses and increased construction time. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None DATES OF PREVIOUS CONSIDERATION The council was briefed on this agreement at its March 25,2014,business meeting. Fiscal Impact Cost: $278,297.89 Budgeted (yes or no): Yes Where Budgeted (department/program): 532-Water CIP Additional Fiscal Notes: The council approved the fiscal year 2013-2014 CIP,which includes the Main Street water line project. There is $551,700 budgeted for construction of the water line. The city made the deposit with ODOT for the Main Street/Green Street project in October 2013,which included the$278,297.89. The agreement before you was intended to be completed prior to the deposit,but both parties lost track of this document. Attachments Cooperative Improvement Agreement Misc. Contracts and Agreements No. 29491 COOPERATIVE IMPROVEMENT (UTILITY) AGREEMENT Main St. Water Lines THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the City of Tigard, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Pacific Highway 99W, is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Main Street is a part of the city street system under the jurisdiction and control of the Agency. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. State, by ORS 366.220, is vested with complete jurisdiction and control over the roadways of other jurisdictions taken for state highway purposes. By the authority granted by ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibility for and jurisdiction over all other portions of a city street remains with the Agency. 4. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 5. State is conducting a project to retrofit the southern half of Main Street in the City of Tigard (from Highway 99 to the railroad corridor) to full green street standards and provide a multi-modal corridor to serve the downtown area. It includes widening of sidewalks, as well as reconstruction and reconfiguration of portions of the existing street and sidewalk to create a pedestrian friendly atmosphere. While the street is under construction, State will use this opportunity to replace a water line that runs under the street. 6. State entered into Local Agency Agreement No. 25365 and its subsequent Amendment with Agency to cover retrofitting the southern half of Main Street, which consists of widening sidewalks, the reconstruction and reconfiguration of existing streets, the re-directing of storm water, new street lighting and landscaping. State/Agency Agreement No. 29491 NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree that State or its contractor shall install Agency's non reimbursable water lines on Main Street within the City of Tigard, as required to complete State's Main St: OR99W — Rail Corridor (Tigard) project, hereinafter referred to as "Project." The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 2. The Project will be financed at an estimated cost of $278,297.89 in Agency funds. The estimate for the total Project cost is subject to change. Agency shall be responsible for all waterline associated work as described in Exhibit B, attached hereto and by this reference made a part hereof. 3. Agency and State shall coordinate Change Order(s) affecting the Utility's facilities. The fillable Contract Change Order, form 734-1169, is available at the following web site: ftp://ftp.odot.state.or.us/techserv/construction/Construction%20Forms/1169.xls 4. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. AGENCY OBLIGATIONS 1 . Agency grants State the right to enter onto Agency right of way for the performance of duties as set forth in this Agreement. 2. Agency shall upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit or irrevocable letter of credit in the amount of $278,297.89 for the Project, said amount being equal to the estimated total cost for the work performed by State at Agency's request under State Obligations, paragraph 2. Agency agrees to make additional deposits as needed upon request from State. Depending upon the timing of portions of the Project to which the advance deposit contributes, it may be requested by State prior to Preliminary Engineering, purchase of right of way, or approximately 4-6 weeks prior to Project bid opening. 3. Upon completion of the Project and receipt from State of an itemized statement of the actual total cost of State's participation for the Project, Agency shall pay any amount which, when added to Agency's advance deposit, will equal 100 percent of actual total State costs for the Project. Any portion of said advance deposit which is in excess of the State's total costs will be refunded or released to Agency. 2 State/Agency Agreement No. 29491 4. All Agency waterline and appurtenances installed by State or its contractor will require inspections by Agency. Agency personnel will work directly with State personnel. Agency shall not contact or communicate with State's contractor without State's consent. Agency will provide all necessary documentation to State. State shall present to Agency any Contract Change Order for review and written approval by Agency. 5. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project -- if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 6. Agency, by execution of Agreement, gives its consent as required by ORS 373.030(2) and ORS 105.760 to any and all changes of grade within the Agency limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Agreement. 7. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment (or completion of Project -- if applicable.) Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 8. Agency's Project Manager for this Project is Kim McMillan, City of Tigard — Public Works, Construction Services Engineering Manager; 13125 SW Hall Blvd Tigard OR 97223; 503-718-2642; kim @tigard-or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. State, or its consultant, shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the Project; identify and obtain all required permits; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 3 State/Agency Agreement No. 29491 2. State shall, upon execution of the agreement, forward to Agency a letter of request for an advance deposit or irrevocable letter of credit in the amount of $278,297.89 for payment of waterline facilities. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete Project. 3. Upon completion of the Project, State shall either send to Agency a bill for the amount which, when added to Agency's advance deposit, will equal 100 percent of the total state costs for Project or State will refund to Agency any portion of said advance deposit which is in excess of the total State costs for Project. 4. State shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 5. All employers, including State, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. State shall ensure that each of its contractors complies with these requirements. 6. State shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, State expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 7. State's Project Manager for this Project is Heather Howe, State Utility Liaison, ODOT — Technical Services, 4040 Fairview Ind. Drive SE, MS#2 Salem OR 97302, 503-986-3658, Heather.C.Howe @odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1 . This Agreement may be terminated by either Party upon thirty (30) days notice, in writing and delivered by certified mail or in person. 4 State/Agency Agreement No. 29491 2. Either Party may terminate this Agreement effective upon delivery of written notice to the other Party, or at such later date as may be established by that Party, under any of the following conditions: a. If the other Party fails to provide the services called for by this Agreement within the time specified herein or any extension thereof. b. If the other Party fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from the other Party fails to correct such failures within ten (10) days or such longer period as the other Party may authorize. c. If either Party fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow that Party, in the exercise of its reasonable administrative discretion, to continue to advance this Project or the terms of this Agreement. d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or Agency is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct 5 State/Agency Agreement No. 29491 or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 8. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. 6 State/Agency Agreement No. 29491 THE CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Jason Tell, Region 1 Manager Title Date Date APPROVAL RECOMMENDED Date APPROVED AS TO LEGAL SUFFICIENCY By Michelle Thom, Region 1 Local Agency By Liaison Counsel Date Date APPROVED AS TO LEGAL Agency Contact: SUFFICIENCY Kim McMillan, Construction Services Engineering Manager By David Hatton, Assistant Attorney City of Tigard — Public Works General by email dated June 17th, 13125 SW Hall Blvd. 2013 Tigard, OR 97223 503-718-2642 kim(a tigard-or.gov State Contact: Heather Howe, State Utility Liaison ODOT — Technical Services 4040 Fairview Ind. Drive SE MS#2 Salem OR 97302 503-986-3658 Heather.C.Howe(aodot.state.or.us 7 EXHIBIT A — Project Location Map --IT STATE OF OREGON DEPARTMENT OF TRANSPORTATION =f....r• �.3 PLANS FOR PROPOSED PROJECT Af r. a., GRADING, DRAINAGE, PAVING.SIGNING, ILLUMINATION&ROADSIDE DEVELOPMENT r ° = .o MAIN ST: OR99W - RAIL CORRIDOR (TIGARD) ' _ ` _ , MAIN STREET .� : .-"-.4.' �` WASHINGTON COUNTY SEPTEMBER,2013 oirnALL LEAG7m OF PROJECT - 02 MILES `. a.>m1 (.. ATTENTION1 —.�.1 rYpSCR y :ter` .5W • '.L_ euGE. r�., . 0.r9a+......op.. T 'a..Rao. OF PR T T Adootee m iw chewy Ytetr teameeven „�.. G If,. -.,� sly * .et.r tray Puna A-.Set rash In a a VS 3 ;i r +' _ 57C Darr YSI-c01-D'!'e*rough OAR MZ-an-0010 ■: 35+00.00 • R s ' ANjAaIA Z rvu Yvu.()blur the A.r evaj rR . ST 'ha Car M+pngN 14 .. ' yr ' n,.A.yen urrr4,r.rr .[Sa7 232.1 rWJ !�Ju ei r =c .1 .A... _ I -. i• LET'S Au + ,•.:airs ., si \\> ,mot y . , WORK TOCETNER , p , .1 = 7A a A Oki, ` T'' a '.. TO MAKE T�5 r `' OREGON TRAS?ORTATION CCtRSPON a y Ccvaf4:�-.r,nm tINNOIMMIR ```��T,,, �`•Il }FN w.+cn....ve• mrwae. ., torn,lI %A auY%P, �' • ' .( PM..1 ••.1 .eet ISrY ..✓ArM' if •- v •,' limper Houl Peterson Rlghdis Inc, e. PRO T aT xcl� y LOCATION Teaw pall,wra Rae ooeo taco vsM o aee yn sundae* ` ` Ca cacels lu these fwdude•deny}ere seen.uburdbl �T d 4 .-p«c awn erd euurwed Of the OODT Cnief Cr grew.tar thew debriefed C Pr'P: 7,. ..„send ' . W 1 1. ”', 1.4- swrm.re a uafe ;NM OF RR Ii; rrlvb - 4 N. ".45' SU rx a4a name and tlk 20+00.00 mtn<r 117UC ,,.f,r. :.,r.,ro-,pro:1r,1':ne•tr,.rrre- e �' sh .t r MAIN$T:OR99W-RAIL CORRIDOR(TIGARD) �� 1,4L 'rJI. .-: MOW twL...,.. ... - L. .- MAN SIREET I ..�,�:«T :0. VICINITY MAP 1,. your y •ww• er+�en..erbO lea SCALE ir' = 150Q' A hn OREGON x-s1P-73e5(COL) t 8 EXHIBIT B $t.: OR99W-Rail Corridor(Tigard) ITEM UNIT JUAN UNIT COST ITEM COST Y ATTACHMENT ON STRUCTURES LS 1 $ 13,867.33 $ 13,867.33 1 POTABLE WATER PIPE, FITTINGS AND COUPLINGS WITH FOOT 5 $ 48.00 $ 240.00 RAINED JOINTS AND CLASS B BACKFILL i POTABLE WATER PIPE, FITTINGS AND COUPLINGS WITH FOOT 96 $ 68.29 $ 6,555.84 RAINED JOINTS AND CLASS B BACKFILL 1 POTABLE WATER PIPE, FITTINGS AND COUPLINGS WITH FOOT 1105 $ 40.96 $ 45,258.13 RAINED JOINTS AND CLASS B BACKFILL :H POTABLE WATER PIPE, FITTINGS AND COUPLINGS WITH 3 B BACKFILL FOOT 701 $ 180.00 $ 126,180.00 OFF ASSEMBLY. 2 INCH EACH 5 $ 1,278.13 $ 6,390.65 i CONNECTION TO 2 INCH EXISTING MAIN EACH 1 $ 1,000.00 $ 1,000.00 i CONNECTION TO 8 INCH EXISTING MAIN EACH 2 $ 1,500.00 $ 3,000.00 :H CONNECTION TO 16 INCH EXISTING MAIN EACH 1 $ 2,000.00 $ 2.000.00 1 GATE VALVE EACH 1 $ 779.57 $ 779.57 i GATE VALVE EACH 8 $ 1,041.58 $ 8,332.64 :H BUTTERFLY VALVE EACH 1 $ 2,000.00 $ 2,000.00 :H BUTTERFLY VALVE EACH 1 $ 3,000.00 $ 3,000.00 1 COMBINATION AIR RELEASE:AIR VACUUM VALVE ASSEMBLY EACH 4 $ 2,000.00 $ 8,000.00 ANT ASSEMBLIES EACH 3 $ 2,987.22 $ 8,961.66 i WATER SERVICE CONNECTIONS EACH 22 $ 1,080.17 $ 23,763.74 i WATER SERVICE CONNECTIONS . EACH 7 $ 2,147.67 $ 15,033.69 :H POTABLE WATER PIPE, FITTINGS AND COUPLINGS WITH RAINED JOINTS AND CLASS B BACKFILL FOOT 32 $68.27 $2,184.64 i CONNECT ION TO 12 INCH EXIS1 ING MAIN EACH 1 $1,750.00 $1.750.00 TOTAL: $278.297.89 9 AIS-1691 4, Business Meeting Meeting Date: 04/08/2014 Length (in minutes):Consent Item Agenda Title: Proclaim National Community Development Week Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim April 21-26 national community development week? STAFF RECOMMENDATION / ACTION REQUEST Issue the proclamation KEY FACTS AND INFORMATION SUMMARY This annual campaign is designed to focus local as well as national attention on the outstanding accomplishments over the past 40 years of the Community Development Block Grant (CDBG) Program and over the past 23 years of the HOME Investment Partnerships (HOME) Program. National Community Development Week provides an ideal opportunity to educate members of the community on CDBG and HOME and the importance of both programs on the lives of low-and moderate-income citizens. OTHER ALTERNATIVES Not issue the proclamation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Tigard has issued a proclamation for National Community Development Week for more than 20 years to show our support for CDBG funding that has helped so many in Tigard. Attachments National Community Development Week Proclamation .mil t' .s ,,i , r is J ' ' K I1 , )cliono, ititc„'", Aft, „'.:: • I: city cy'ligard • National Community Development Week f- April 21 - 26, 2014 t `%�'-- 1 WHEREAS, the Community Development Block Grant(CDBG)Program was enacted into (. law by President Gerald Ford,as the centerpiece of the Housing and Community ,,R; ) ,' Development Act of 1974;and .4' r , WHEREAS, the CDBG program has successfully demonstrated its ability to help our community provide affordable housing,much-needed public services for economically, "ae►--, r(7% -mentally or physically disadvantaged residents,construction/renovation of community ,� gathering places and reconstruction of city owned infrastructure and completion of ,.-., • :) -- neighborhood improvements including major sewer,drainage and street projects;and ' •� y WHEREAS, the CDBG program has considerable flexibility to allow communities to carry out 7/ activities that are tailored to their unique affordable housing and neighborhood revitalization a. r' needs;and ` ",/ WHEREAS, since 1979, the CDBG program has strengthened Tigard's partnership with � . federal,state and local governments and the businesses and nonprofit sector which carry out ''`,"." activities that improve the lives and neighborhoods of low and moderate income families;and - �' WHEREAS,since the programs'inception,our community has received nearly$4 million in j ' 1 �� CDBG funds and$4 million in HOME funds to provide housing rehabilitation and revitalization 'F ) ,-;:. of community facilities and shelters;and .4.; ` WHEREAS, the City of Tigard urges Congress and the Administration to recognize the • `'1 outstanding work accomplished with this funding and support both programs with increased funding in FY2015; i'`' "-,..).• ), ; NOW THEREFORE BE IT RESOLVED THAT I,John L. Cook,Mayor of the City of Tigard, I..•'fit', .I Oregon,do hereby proclaim the week of April 21-26,2014 as S.• NATIONAL COMMUNITY DEVELOPMENT WEEK %,,. = -..'• .,.', in Tigard,Oregon and urge all residents to join in recognizing the important role the �` - �);' s 'j Community Development Block Grant&HOME Programs play in serving our community. :''= {' ' , I u ,' Dated this t i'day of .f7?_?/_-(, 2014. t -r1 :' .,, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the }rr ,1-A.`, City of Tigard to be affixed. -'*, , 1 I F ='c. ; John . Cook, Mayor . . • ,,,,I City of igard ,..y Attest: �� 41.11)1 City Recorder . s - > Is�""'"j-1f,:....! '1.4.4`7P R,ty, ,. ,; : . ... ,• . i . ..., . . . it.. , ,,..., •.p.,,,,,,,, , s > t a a ,, t is• AIS-1449 5. Business Meeting Meeting Date: 04/08/2014 Length (in minutes): 30 Minutes Agenda Title: Public Hearing-Amending Tigard Municipal Code Tide 15.06 Franchise Utility Ordinance Prepared For: Loreen Mills Submitted By: Loreen Mills,City Management Item Type: Ordinance Meeting Type: Council Public Hearing- Informational Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should Tigard's Franchised Utility Ordinance (Tigard Municipal Code Tide 15.06) be amended to update modify a per foot fee,update definitions,clarify insurance and financial reporting requirements and other sections of the chapter? STAFF RECOMMENDATION / ACTION REQUEST Motion to adopt an ordinance to update and modify Tigard Municipal Code Chapter 15.06 "Franchised Utility Ordinance". KEY FACTS AND INFORMATION SUMMARY The Tigard City Council adopted Tigard Municipal Code (TMC) Chapter 15.06 "Franchised Utility Ordinance" in 2006.This chapter has served the City well in providing policy direction for managing the use of the public's rights-of-way (ROW) by utility companies. Over the last several months in working with utility providers,staff has found Chapter 15.06 needs to be updated to clarify the Council's policy.The nine sections of the TMC chapter that are proposed to be updated are listed below. •TMC Section 15.06.020 "Definitions" is amended to modify the following terms to add clarity in the reading of the chapter:gross revenues,person,right-of-way (r-o-w), telecommunications system. The addition of the definition "telecommunications" clarifies the use throughout the chapter. •TMC Section 15.06.090 "Franchise Fee" clarifies how interest on late franchise payments is calculated, the need for a written report i summarized form to accompany franchise fee payments, for the report to be verified by an officer or other qualified representative of the franchisee with fiduciary responsibility,and that the report be in form satisfactory to the city. •TMC Section 15.06.100 "Right-of-way Usage Fee" provides for a per linear foot fee to ensure City receives fair and reasonable compensation for use of the r-o-w when the company does not derive gross revenues in Tigard; clarifies how interest on late franchise payments is calculated,the need for a written report i summarized form to accompany franchise fee payments, for the report to be verified by an officer or other qualified representative of the franchisee with fiduciary responsibility, and that the report be in form satisfactory to the city. •TMC Section 15.06.140 "Renewal" corrects a scribner's error in referencing TMC Sections. •TMC Section 15.06.180 "Insurance" updates 2006 insurance requirements to be in keeping with 2014 insurance requirements. •TMC 15.06.190 "Indemnification" updates 2006 requirements to provide relevant language for today. •TMC 15.06.220 "Location of Facilities" provides for high voltage electric lines being exempt from placement underground and removes redundant phrase "within the city"which is included in the updated definition of"right-of-way" •TMC Section 15.06.240 "As-Built Drawings" provides for utility companies to submit electronic data format plans rather than paper. •TMC 15.06.370 "Application to Existing Agreements " clarifies how Chapter 15.06 applies to current franchise agreements. Staff has worked with various utility providers since the 11/12/2013 Council workshop discussion on these amendments. Only two utility providers shared concerns with some of the proposed changes. Staff has provided some modification which the two utilities requested and some change requests were not addressed as staff believed the change would not be consistent with Council policy or common municipal practice. The telecommunication utility providers who reviewed these changes expressed no concerns. OTHER ALTERNATIVES •Staff modified some proposed language to meet two utility providers'concerns. •Council could provide direction to staff regarding changes to the proposed language. COUNCIL OR CCDA GOALS,POLICIES, MASTER PLANS •When this matter was first addressed,City Council Goals of 2013 were in place. One of those goals addressed: Financial Sustainability (including maximizing franchise revenue). DATES OF PREVIOUS CONSIDERATION •5/18/13 and 10/22/13 -Council approval of franchise agreements after public hearings with Portland General Electric and tw telecom of oregon in which several of these changes were included. •9/24/13 -Council provided direction to staff regarding the fee calculations and the need for a fee reporting form. •11/12/13 -Council provided direction to staff after review proposed changes to TMC Chapter 15.06 which included direction on signature requirements for utility representatives on the fee reporting form. Fiscal Impact Cost: -0- Budgeted (yes or no): N/A Where Budgeted (department/program): General Fund Revenue Additional Fiscal Notes: There is no change anticipated in general fund revenues generated from franchise fees with these proposed changes. All current utility providers service customers in Tigard and pay a franchise fee or a right-of-way usage fee calculated on a 5%of the gross revenues derived from Tigard customers. Tigard anticipates $5,601,400 will be received in this fiscal year (ending 6/30/14) from franchise/r-o-w usage fees. About$3.4 million of that will come from electric,gas and telecommunication utility providers. Attachments Ordinance Amending TMC 15-06 Current TMC 15.06 EXHIBIT A Strike-through text is deleted from the Code and underlined text is added to the Code. Tigard Municipal Code Chapter 15.06 FRANCHISED UTILITY ORDINANCE Section 15.06.020 Definitions • "Gross revenues" means revenues earned-derived within the city, less net uncollectibles, from the sale of electrical energy, gas, telecommunications, water, or sanitary sewage disposal and treatment service,and for the use,rental,or lease of utility facilities of the utility engaged in such business. • "Person" means every natural person, firm, co-partnership, association, corporation, er-entity or other form of organization,but not including special districts or county service districts. • "Right-of-way" includes city streets, roads, bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by the city or other public entity within the City of Tigard. "Right- of-way" also includes public utility easements to the extent that the easement allows use by the utility operator planning to use or using the public utility easement. "Right-of-way"includes the subsurface under and airspace over these areas. "Right-of-way" does not include the airwaves for purposes of CMRS, broadcast television, DBS and other wireless providers, or easements or other property interests owned by a single utility or entity. This definition applies only to the extent of the city's right.title,interest and authority to grant a franchise to occupy and use such areas for utility systems. • "Telecommunications" means any service provided for the purpose of the transmission of audio, video, digital or other forms of electric or electronic signals or information without regard to the transmission protocol employed. Telecommunications includes all forms of telephone services and voice, video, data or information transport, but does not include: (1) cable service as defined in 47 U.S.C. § 522(6): (2) open video system service, as defined in 47 C.F.R. 76; (3) telecommunications provided through a system that is owned or operated exclusively by a person or government entity for their private use and not, directly or indirectly, for sale, resale, lease, trade, barter or other exchange of value; (4) over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; and (5) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act. • "Telecommunications system" means a system of fibers,lines, cables, antennas, microwave links, or other conduit and supporting structures and equipment constructed or used for the purpose of transmitting or providing telecommunications : . =.;, : :, : .- - : -- - - - . - "Telecommunications system" does not include a cable system as defined in 47 U.S.C. §, 522(7). However, if a portion of a cable system is also used for telecommunications other than cable eettiffitinieatiefis service, the system is both a cable system and a telecommunications system. "Telecommunications system" does not include a system used for the transmission of electric power solely for power purposes, even if a portion of the system is used to communicate information about the power system for use by the system operator. "Telecommunications system" does not include mobile telecommunications equipment (e.g. cellular phones, hand-held or vehicle-mounted radios) but does include fixed antennas and other fixed equipment used to convey signals to or from mobile telecommunications equipment. ORDINANCE No. 14- F Page 3 Section 15.06.090 Franchise Fee (subsection D and adding subsection E) • D. The franchise fee shall be payable semi-annually on or before March 15th for the six-month period ended December 31st, and September 15th for the six-month period ended June 30th, unless otherwise stated in the resolution authorizing the franchise. The franchisee shall pay interest at the rate of nine percent per year for any payment made after the due date, calculated and compounded monthly. (Ord. 06-11; Ord. 02-05) E. Accompanying each payment to the city under this Section. franchisee shall file with the city a written report containing an accurate statement in summarized form of its calculation of the amount of the payment. verified by an officer or other authorized representative of franchisee with fiduciary responsibility, setting forth its Gross Revenues according to their accounting subdivisions, and any deductions claimed for the period upon which the payment is computed. The report of a utility operator paying a per linear foot fee shall include the total linear feet of utility facilities in the city and any changes in the total linear feet during the payment period. Such reports shall be in form satisfactory to the city. Section 15.06.100 Right-of-Way Usage Fee (subsections A& E and adding subsection F) • A. All persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard shall pay a right-of-way usage fee that is the greater of: (1) the applicable percentage of gross revenues set forth in subsection B of this section or (2) $10,000.00. Any person that owns a utility system or facility in the right-of-way of the City of Tigard but does not derive any gross revenues from such system or facility shall pay a right-of-way usage fee that is the greater of or (2) (1) the linear foot fee set by council resolution pursuant to subsection C of this section or (2) $10,000.00. The right-of-way usage fee is subject to any applicable limitations imposed by federal and state statutes, including the privilege tax limitations set forth in ORS 221.410 through 221.655;. Payment shall be made on the schedule set forth in subsection E of this section or as specified in a franchise agreement. • E. Unless otherwise agreed to by the city, the right-of-way usage fee shall be payable semi-annually on or before March 15th for the six-month period ended December 31st, and September 15th for the six-month period ended June 30`h. The utility shall pay interest at the rate of nine percent per year for any payment made after the due date, calculated and compounded monthly. (Ord. 12-04 §§1,2; Ord. 08-21A; Ord. 06-11) • F. Accompanying each payment to the city under this Section,utility operator shall file with the city a written report containing an accurate statement in summarized form of its calculation of the amount of the payment, verified by an officer or other authorized representative of utility operator with fiduciary responsibility. The report of a utility operator paying based on a percentage of revenue shall set forth its Gross Revenues according to their accounting subdivisions, and any deductions claimed for the period upon which the payment is computed. The report of a utility operator paying the per linear foot fee shall include the total linear feet of utility facilities in the city and any changes in the total linear feet during the payment period, and a statement that the utility operator does not derive any gross revenues from its utility system or facilities in the city. All reports shall be in a form satisfactory to the city. ORDINANCE No. 14- Page 4 Section 15.06.140 Renewal • A franchisee that desires to renew a franchise shall submit a letter requesting renewal including the I information set forth in Sections 15.06.090A and 15.0406.120 to the city manager no less than 180 days before expiration of the franchise. (Ord. 06-11) Section 15.06.180 Insurance A. All utility operators shall maintain in full force and effect commercial general liability insurance covering bodily injury and property damage on an "occurrence" form (1996 ISOCG2010 1185 or equivalent) and automobile liability insurance to cover vehicles used in connection with utility operators activities acceptable to the city. Such insurance shall cover all—risks arising directly or indirectly out of the utility operator's activities or work under this chapter, including all subcontractors to any tier. The policy or policies of insurance maintained by the utility operator shall provide at least a general aggregate limit of $5 million with a per occurrence limit of $3 million, insuring the utility operator and naming the city,its officers, directors and employees as at} additional insureds with respect to this chapter on the policy. The utility operator shall cause a certificate of insurance to be provided to the city recorder. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits reflected above shall be included. If utility operator's liability insurance is on a "claims-made" basis and (1) coverage is in any way cancelled, non-renewed or coverage otherwise terminates or (2) the franchise agreement is not renewed, utility operator will provide two years of continuous claims-made coverage or provide tail coverage for a period of two years. B. Workers' Compensation coverage as required by Oregon law and Employer's Liability Insurance with limits equal to $1 million shall be maintained in full force and effect in a form acceptable to the city. WC. As an alternative, a utility operator may provide and keep in force self-insurance or a self-insured retention plus insurance in an equal amount to the insurance required to be obtained from a third- party insurer. The utility operator shall provide proof of self-insurance acceptable to the city if it chooses to self-insure. (D.The procuring of required insurance or self-insurance shall not be construed to limit utility operator's liability. Notwithstanding said insurance or self-insurance, the utility operator shall be obligated for the total amount of any damage, injury, or loss caused by the utility's operations negligence or neglect connected with this chapter. D:E.There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to I renew insurance coverage without 30 days written notice to the city. Any failure to comply with this provision will not affect the insurance coverage provided to the city. A 30 days' noticc of E7F_The utility operator's coverage shall be primary to the extent permitted by law and insurance maintained by the city is excess and not contributory insurance as to the insurance required by this chapter. (Ord. 06-11) ORDINANCE No. 14- Page 5 1 Section 15.06.190 Indemnification Each utility operator shall defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all liability, causes of action, claims, damages, losses, judgments and other costs and expenses, including attorney fees and costs of suit or defense (at both the trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies) that may be asserted by any person or entity in any way arising out of, resulting from, during or in connection with, or alleged to arise out of or result from the negligent,careless,or wrongful acts, omissions, failure to act, or other misconduct of the utility operator or its affiliates,officers, employees,agents,contractors, subcontractors, or lessees in the construction, operation, maintenance, repair, or removal of its facilities, and in providing or offering services over the facilities, whether such acts or omissions are authorized, allowed, or prohibited by this chapter or by a franchise agreement except that arising out of the sole negligence of the City. The utility operator shall use legal counsel acceptable to the City.which may be separate legal counsel if reasonably requested by the City in the event the utility operator's legal counsel cannot adequately represent the City. Upon notification of any such claim the city shall notify the utility operator and provide the utility operator with an opportunity to provide defense regarding any such claim. (Ord. 06-11) Section 15.06.220 Location of Facilities • All facilities located within the right-of-way shall be constructed, installed and located in accordance with the following terms and conditions,unless otherwise specified in a franchise agreement. A. Whenever all existing electric utilities (not including high voltage electric lines), cable facilities or telecommunications facilities are located underground within a right-of-way-ef-the-ems, the city may require a utility operator with permission to occupy the same right-of-way to locate its facilities underground. B. Whenever all new or existing electric utilities (not including high voltage electric lines), cable facilities and telecommunications facilities are located or relocated underground within a right- ' of-way-of-the-city, the city may require a utility operator that currently occupies the same right- of-way to relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the right-of-way. (Ord. 06-11) Section 15.06.240 As-Built Drawings • The utility operator shall provide the city with electronic data in read-only format showing current engineered plans in a form acceptable to the city showing the location of all its utility facilities within rights-of-way after initial construction of its system and, to the extent available, shall provide the city two updated complete sets of as-built plans annually,upon request by the city. (Ord. 06-11) Section 15.06.370 Application to Existing Agreements • This chapter shall be applied to all persons and activities,including egg-franchisees, to the extent that this chapter is not in conflict with and can be implemented consistent with the terms of the franchise. - . . . - -: - . . - - . - . :.- - , �-. -: . - • . . ... • . - . •• .. . :. - . _ . (Ord. 06.11; Ord. 00-35) ORDINANCE No. 14- Page 6 TIGARD MUNICIPAL CODE Chapter 15.06 FRANCHISED UTILITY 15.06.270 Plan for Discontinuance or ORDINANCE Removal 15.06.280 Removal of Abandoned Sections: Facilities 15.06.290 Removal by City Article I.General Terms and Conditions 15.06.300 Appeals 15.06.010 Short Title Article IV.Termination/Cures 15.06.020 Definitions 15.06.030 Purpose 15.06.310 Revocation or Termination of a 15.06.040 Jurisdiction Franchise or Authority to Use 15.06.050 Franchise Required Rights-of-Way 15.06.060 Grant of Franchise 15.06.320 Standards for Revocation or 15.06.070 Privilege Granted Termination 15.06.080 Term 15.06.330 Notice and Cure 15.06.090 Franchise Fee 15.06.340 Penalties 15.06.100 Right-of-Way Usage Fee 15.06.350 Other Remedies 15.06.110 Application Standards for Joint Telecommunications/Cable Article V. Severability and Application to Franchises Existing Agreements Article II.Application and Renewal Process 15.06.360 Severability and Preemption 15.06.370 Application to Existing 15.06.120 Application Agreements 15.06.130 Denials 15.06.140 Renewal Article I.General Terms and Conditions Article III.Obligations of Franchise 15.06.010 Short Title 15.06.150 Assignment or Transfer of This chapter shall be known and referred to Franchise as the Tigard Franchised Utility Ordinance. (Ord. 15.06.160 Leased Capacity 06-11) 15.06.170 Duty to Provide Information, Audit Responsibility 15.06.020 Definitions 15.06.180 Insurance 15.06.190 Indemnification As used in this chapter: 15.06.200 Construction Permits 15.06.210 Facilities "Emergency"means a circumstance in which 15.06.220 Location of Facilities immediate repair to damaged or malfunctioning 15.06.230 Interference With Rights-of- facilities is necessary to restore lost service or Way prevent immediate harm to persons or property. 15.06.240 As-Built Drawings 15.06.250 Coordination of Construction "Franchise"means the privilege conferred on 15.06.260 Relocation or Removal of a person by the city to place and operate portions Facilities of a utility system in, over or under rights-of-way. 15-06-1 Code Update:4/13 TIGARD MUNICIPAL CODE Franchises shall be conferred by ordinance or or within an easement specifically established for resolution and confirmed by a franchise that purpose. agreement. "Street" or"alley" means every way or place "Gross revenues" means revenues earned open as a matter of right to the use of the public within the city, less net uncollectibles, from the for vehicular or pedestrian traffic between right- sale of electrical energy,gas,telecommunications, of-way lines. water, or sanitary sewage disposal and treatment service, and for the use, rental, or lease of utility "Telecommunications facility" means any facilities of the utility engaged in such business. physical component of a telecommunications system located within or attached to the rights-of- 1. "Gross revenues" shall not include way. proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or "Telecommunications system" means a stocks. system of fibers, lines, cables, antennas, microwave links, or other conduit and supporting 2. To the extent that the city's authority to structures and equipment constructed or used for tax gross revenues of an entity is limited by ORS the purpose of transmitting audio,video,digital or 221.410 through 221.655, the city shall apply the other forms of electric or electronic signals or statutory limitations to the definition of "gross information. "Telecommunications system" does revenues." not include a cable communications system. However, if a portion of a cable communications "Person" means every natural person, firm, system is also used for telecommunications other co-partnership, association, corporation or entity, than cable communications, the system is both a but not including special districts or county cable communications system and a service districts. telecommunications system. "Telecommunica- tions system" does not include a system used for "Right-of-way" includes city streets, roads, the transmission of electric power solely for bridges, alleys, sidewalks, trails, paths, and all power purposes, even if a portion of the system is other public ways and areas managed by the city. used to communicate information about the power "Right-of-way" also includes public utility system for use by the system operator. easements to the extent that the easement allows "Telecommunications system" does not include use by the utility operator planning to use or using mobile telecommunications equipment (e.g. the public utility easement. "Right-of-way" cellular phones, hand-held or vehicle-mounted includes the subsurface under and airspace over radios) but does include fixed antennas and other these areas. "Right-of-way" does not include the fixed equipment used to convey signals to or from airwaves for purposes of CMRS, broadcast mobile telecommunications equipment. television, DBS and other wireless providers, or easements or other property interests owned by a "Utility facility" means any physical single utility or entity. component of a utility system located within or attached to the rights-of-way. "Sidewalk" means an area specifically delineated and constructed for pedestrian use "Utility operator" means any person that located behind a curb but within the rights-of-way places or maintains any portion of a utility system within the rights-of-way. 15-06-2 Code Update: 4/13 TIGARD MUNICIPAL CODE "Utility system" means a system owned and pursuant to agreements with Washington County operated by a person to deliver or transmit or the Oregon Department of Transportation. electricity, natural gas, telecommunications, (Ord.06-11) water, sewer, storm sewer or other goods or services by means of pipes, wires,transmitters, or 15.06.050 Franchise Required other facilities permanently located within or attached to the rights-of-way to or from customers A. Any person that places or maintains a within the corporate boundaries of the City of utility system in any portion of the right-of-way Tigard. "Utility system" also includes without a franchise is subject to all other transmission of these products or services through provisions of this chapter, including the payment the City of Tigard whether or not customers of the right-of-way usage fee pursuant to Section within the city are served by those transmissions. 15.06.100. "Utility system" does not include any agency of the federal government. (Ord.06-11) B. The city may grant a franchise allowing use of any right-of-way for any portion of a utility 15.06.030 Purpose system. The purpose and intent of this chapter is to: C. To the extent the terms of a franchise are inconsistent with the provisions of this A. Permit and manage reasonable access to chapter, the terms of the franchise shall prevail. the rights-of-way of the city for utility purposes (Ord.06-11) on a competitively neutral basis and conserve the limited physical capacity of those rights-of-way 15.06.060 Grant of Franchise held in trust by the city. A. The City Council shall grant by B. Assure that the city's current and resolution a utility franchise to any person ongoing costs of granting and regulating private providing utility services which has submitted an access to and the use of the rights-of-way are fully application, meets the requirements of this compensated by the persons seeking such access chapter, and agrees to sign the city's standard and causing such costs. franchise agreement without modification. The franchise shall not be effective until the applicant C. Secure fair and reasonable signs the city's standard Utility Franchise compensation to the city and its residents for Agreement substantially in the form approved by permitting private use of the rights-of-way. the City Council. The City Council shall approve the form of the standard Utility Franchise D. Comply with the provisions of the Agreement by resolution. Communications Act of 1934 as they apply to local governments.(Ord.06-11) B. The City Council may grant utility franchises in any other circumstance by 15.06.040 Jurisdiction ordinance. Any franchise ordinance shall not be effective until a franchise agreement is entered The requirements of this chapter shall apply into by the city and the franchisee. to all rights-of-way under the jurisdiction of the City of Tigard, dedicated by plat or deed, created C. Nonexclusivity. All utility franchises by user, or the use thereof controlled by the city shall be nonexclusive.(Ord.06-11) 15-06-3 Code Update:4/13 TIGARD MUNICIPAL CODE 15.06.070 Privilege Granted June 30th, unless otherwise stated in the resolution authorizing the franchise. The The franchise shall grant a privilege to use franchisee shall pay interest at the rate of nine rights-of-way consistent with the requirements of percent per year for any payment made after the this chapter. The franchise does not convey any due date.(Ord.06-11;Ord.02-05) right,title or interest in the right-of-way.(Ord.06- 11) 15.06.100 Right-of-Way Usage Fee 15.06.080 Term A. All persons using a utility system or facility in the right-of-way to provide service to Unless otherwise specified in the franchise customers within the City of Tigard shall pay a agreement and resolution or ordinance, franchises right-of-way usage fee that is the greater of: (1) shall be in effect for 10 years but in no case shall the applicable percentage of gross revenues set exceed 15 years.(Ord.06-11) forth in subsection B of this section; or (2) the linear foot fee set by council resolution pursuant 15.06.090 Franchise Fee to subsection C of this section, subject to arty applicable limitations imposed by federal and A. Any person applying for a franchise state statutes, including the privilege tax (including an application for renewal)shall pay an limitations set forth in ORS 221.410 through application fee to cover the cost of processing the 221.655, on the schedule set forth in subsection E application. The City Council shall establish the of this section or as specified in a franchise fee by resolution. agreement. B. The franchise agreement may provide B. The right-of-way usage fee percentage for payment of a franchise fee as compensation applicable to each class of utility shall be as for use of rights-of-way and reimbursement of the follows: city's cost of administering the program created in this chapter. The franchise fee is separate and Telecommunications 5.0% distinct from any other legally authorized federal, Electric 5.0% state or local taxes or fees, except to the extent Natural Gas 5.0% that payment of a franchise fee shall count as a Water 5.0% credit to the right-of-way usage fee. Sanitary Sewer 5.0% C. The fees imposed by this chapter are not C. The City Council is hereby authorized to subject to the property tax limitations of Article establish by resolution a right-of-way usage fee Xl, Sections 11(b) and 11(19) of the Oregon calculated based on the total linear feet of a utility Constitution and are not fees imposed on property operator's facilities in the rights-of-way. or property owners by fact of ownership and are not new or increased fees for purposes of those D. Right-of-way usage fee payments shall subsections. be net of any franchise fee payments received by the city, but in no case will be less than zero D. The franchise fee shall be payable semi- dollars. annually on or before March 15th for the six- month period ended December 31st, and E. Unless otherwise agreed to by the city, September 15th for the six-month period ended the right-of-way usage fee shall be payable semi- 15-06-4 Code Update: 4/13 I� TIGARD MUNICIPAL CODE annually on or before March 15th for the six- existing and proposed facilities. If any of the month period ended December 31st, and facilities are owned by others, that information September 15th for the six-month period ended should be provided. June 30th.The utility shall pay interest at the rate of nine percent per year for any payment made B. Information establishing that the after the due date. (Ord. 12-04 §§1,2;Ord.08-21- applicant has obtained or is in the process of A;Ord. 06-11) obtaining all other required governmental approvals to construct and operate the system and 15.06.110 Application Standards for Joint to offer or provide the services proposed, Telecommunications/Cable including, if applicable, any PUC filings or Franchises approvals. Persons or entities providing cable television C. The application fee.(Ord.06-11) and telecommunications services over the same network under a franchise negotiated, approved 15.06.130 Denials and recommended by the Metropolitan Area Communications Commission (MACC) and Any denial of a franchise application shall be ratified by the City Council will be presumed to in writing and state the reasons for the denial. The have met the application requirements for a city may deny an application for a franchise: telecommunications franchise issued by the city. The telecommunications franchise and MACC A. If the applicant has not complied with franchise will be of equal term and the franchisee all application requirements and standards; or can rely on the insurance certificates and surety bonds pursuant to the MACC franchise. This B. If the applicant has a record of non- provision does not exempt MACC franchisees compliance. (Ord.06-11) from the requirements to submit an application, obtain a franchise, pay the franchise fee, and 15.06.140 Renewal otherwise comply with the requirements of this chapter.(Ord.06-11) A franchisee that desires to renew a franchise shall submit a letter requesting renewal including Article II.Application and Renewal Process the information set forth in Section 15.04.120 to the city manager no less than 180 days before 15.06.120 Application expiration of the franchise.(Ord. 06-11) Any person seeking a franchise shall submit Article III. Obligations of Franchise to the city manager a letter of application presenting the following: 15.06.150 Assignment or Transfer of Franchise A. Information identifying the applicant and describing the utility system the applicant A. A franchise may not be transferred or proposes to operate in the rights-of-way. The assigned to another person unless such person is initial application shall include engineering plans, authorized under all applicable laws to own or specifications and a network map showing the operate the utility system and the transfer or anticipated location and route of proposed assignment is approved by all agencies or facilities in the right-of-way, including both organizations required or authorized under federal 15-06-5 Code Update: 4/13 TIGARD MUNICIPAL CODE or state laws to approve such transfer or fee by five percent or more in any one year, the assignment. The franchisee shall provide the city utility operator shall reimburse the city for the with written notice of any transfer or assignment cost of the audit and shall pay interest as specified within 20 days of requesting approval from any in Sections 15.06.090 and 15.06.100 from the state or federal agency. original due date.(Ord.06-11) B. if a franchise is assigned or transferred, 15.06.180 Insurance the assignee or transferee shall become responsible for all facilities of the existing A. All utility operators shall maintain in transferee at the time of transfer. A transfer or full force and effect commercial general liability assignment of a franchise does not extend the term insurance covering bodily injury and property of the franchise.(Ord.06-11) damage on an "occurrence" form (1996 ISO or equivalent) acceptable to the city. Such insurance 15.06.160 Leased Capacity shall cover all risks arising directly or indirectly out of the utility operator's activities or work A utility operator may lease capacity on or in under this chapter, including all subcontractors to its systems to others, provided that the utility any tier. The policy or policies of insurance operator provides the city with the name and maintained by the utility operator shall provide at business address of any lessee.All persons leasing least a general aggregate limit of$5 million with a capacity on or in a utility system and providing per occurrence limit of $3 million, insuring the services to others using that capacity are subject to utility operator and naming the city as an the provisions of this chapter.(Ord.06-11) additional insured with respect to this chapter on the policy. The utility operator shall cause a 15.06.170 Duty to Provide Information, certificate of insurance to be provided to the city Audit Responsibility recorder. Within 30 days of a written request from the B. As an alternative, a utility operator may city,a utility operator shall furnish the city: provide and keep in force self-insurance in an equal amount to the insurance required to be A. Information sufficient to demonstrate obtained from a third-party insurer. The utility that the utility operator is in compliance with this operator shall provide proof of self-insurance chapter or its franchise agreement. acceptable to the city if it chooses to self-insure. B. Access to all books, records, maps, and C. The procuring of required insurance or other documents, maintained by the utility self-insurance shall not be construed to limit operator with respect to its facilities in rights-of- utility operator's liability. Notwithstanding said way so that the city may perform an audit.Access insurance or self-insurance, the utility operator shall be provided within the Portland, Oregon, shall be obligated for the total amount of any metropolitan area unless prior arrangement for damage, injury, or loss caused by negligence or access elsewhere has been made with the city. neglect connected with this chapter. C. If the city's audit of the books, records D. There shall be no cancellation, material and other documents maintained by the utility change, exhaustion of aggregate limits or intent operator demonstrate that the utility operator has not to renew insurance coverage without 30 days underpaid the franchise fee or right-of-way usage written notice to the city. Any failure to comply 15-06-6 Code Update: 4/13 TIGARD MUNICIPAL CODE with this provision will not affect the insurance obtaining a construction permit pursuant to coverage provided to the city. A 30 days' notice Chapter 15.04. of cancellation provision shall be physically endorsed on the policy. B. In the event of an emergency, a utility operator may conduct work in the rights-of-way E. The utility operator's coverage shall be after providing notice to the city. The utility primary to the extent permitted by law and operator shall apply for a permit for such work as insurance maintained by the city is excess and not soon as reasonably practicable, but not more than contributory insurance as to the insurance required 48 hours after commencing work, and shall by this chapter.(Ord.06-11) furnish any required maps and materials within 30 days of commencing work.(Ord.06-11) 15.06.190 Indemnification 15.06.210 Facilities Each utility operator shall defend, indemnify and hold the city and its officers, employees, All utility facilities in the right-of-way shall agents and representatives harmless from and be constructed, installed, and maintained in against any and all liability, causes of action, accordance with all applicable federal, state, and claims, damages, losses, judgments and other local statutes, codes, ordinances, rules and costs and expenses, including attorney fees and regulations. All facilities shall comply with costs of suit or defense (at both the trial and applicable design standards imposed by regulation appeal level, whether or not a trial or appeal ever or construction permit. No facility may be placed takes place)that may be asserted by any person or on any city facility without the express written entity in any way arising out of, resulting from, consent of the city. The city may require separate during or in connection with, or alleged to arise payment for rental of space on city facilities. For out of or result from the negligent, careless, or purpose of this section, a right-of-way, street or wrongful acts, omissions, failure to act, or other sidewalk is not a facility, but structures,including misconduct of the utility operator or its affiliates, poles, conduit, boxes, and equipment, are officers, employees, agents, contractors, facilities.(Ord.06-11) subcontractors, or lessees in the construction, operation, maintenance, repair, or removal of its 15.06.220 Location of Facilities facilities, and in providing or offering services over the facilities, whether such acts or omissions All facilities located within the right-of-way are authorized, allowed, or prohibited by this shall be constructed, installed and located in chapter or by a franchise agreement. Upon accordance with the following terms and notification of any such claim the city shall notify conditions, unless otherwise specified in a the utility operator and provide the utility operator franchise agreement. with an opportunity to provide defense regarding any such claim. (Ord.06-11) A. Whenever all existing electric utilities, cable facilities or telecommunications facilities 15.06.200 Construction Permits are located underground within a right-of-way of the city, the city may require a utility operator A. Except in the event of an emergency, no with permission to occupy the same right-of-way person shall construct or install any utility to locate its facilities underground. facilities within a right-of-way without first 15-06-7 Code Update:9/13 TIGARD MUNICIPAL CODE B. Whenever all new or existing electric B. Utility operators shall meet with the city utilities, cable facilities and telecommunications at least once each calendar year, at the request of facilities are located or relocated underground the city, to schedule and coordinate work in within a right-of-way of the city, the city may rights-of-way. The city shall share information on require a utility operator that currently occupies plans for other construction projects within rights- the same right-of-way to relocate its facilities of-way. underground concurrently with the other affected utilities to minimize disruption of the right-of- C. All construction projects within rights- way.(Ord. 06-11) of-way shall be coordinated as ordered by the city engineer or designee, to minimize public 15.06.230 Interference With Rights-of- inconvenience, disruption, or damages. (Ord. 06- Way 11) No utility operator may locate or maintain its 15.06/60 Relocation or Removal of utility facilities so as to unreasonably interfere Facilities with the use of the rights-of-way by the city, by the general public or by other persons authorized The utility operator shall temporarily or to use or be present in or upon the rights-of-way. permanently remove, relocate, change or alter the All use of rights-of-way shall be consistent with position of any utility facility within a right-of- city codes, ordinances and regulations. (Ord. 06- way when requested to do so in writing by the II) city. The removal,relocation,change or alteration shall be at the utility operator's expense when the 15.06.240 As-Built Drawings removal, relocation, change or alteration is needed because of construction, repair, maintenance, or The utility operator shall provide the city installation of public improvements or other with two complete sets of engineered plans in a operations of the city within the right-of-way or is form acceptable to the city showing the location otherwise in the public interest. In the event that of all its utility facilities within rights-of-way after the removal, relocation, change or alteration is initial construction of its system and,to the extent needed to accommodate private development or available, shall provide the city two updated other private use of the right-of-way, the complete sets of as-built plans annually, upon developer or other private party requiring the request by the city.(Ord.06-11) action shall be responsible for the cost of removal, relocation, change or alteration. The utility 15.06.250 Coordination of Construction operator shall be under no obligation to remove, relocate, change or alter its facilities to benefit a All utility operators shall make a good faith private party unless and until the private party effort to coordinate their construction schedules pays a deposit for costs to the utility operator.The with those of the city and other users of the rights- city shall specify in the written notice the amount of-way. of time for removal, relocation, change or alteration. In the event of emergency, the utility A. Prior to January 1st of each year, utility operator shall take action as needed to resolve the operators shall provide the city with a schedule of emergency, and the city may use any form of known construction work for that year in the communication to direct the utility operator to city's rights-of-way or that may affect the rights- take actions in an emergency to protect the public of-way. safety,health and welfare. (Ord.06-11) 15-06-8 Code Update: 4/13 TIGARD MUNICIPAL CODE 15.06.270 Plan for Discontinuance or B. The system or facility has been Removal abandoned and the city engineer has not authorized abandonment in place. A system or Whenever a utility operator plans to facility is abandoned if it is not in use and is not discontinue any utility facility, the utility operator planned for further use. A system or facility will shall submit a plan for discontinuance to the city. be presumed abandoned if it is not used for a The plan may provide for removal of discontinued period of one year. A utility operator may facilities or for abandonment in place. The city overcome this presumption by presenting plans engineer shall review the plan and issue an order for future use, of the system or facility, or to the utility operator specifying which facilities demonstrating that the utility operator is capable are to be removed and which may be abandoned of using the system or facility in the future. in place. The order shall establish a schedule for removal. The utility operator shall remain C. The facility is improperly constructed or responsible for all facilities until they are installed or is in a location not permitted by the removed.(Ord.06-11) franchise or this chapter.(Ord.06-11) 15.06.280 Removal of Abandoned 15.06.290 Removal by City Facilities If the utility operator fails to remove any Unless otherwise agreed to in writing by the facility when required to do so under this chapter, city engineer, within 30 days following written the city may remove the facility and the utility notice from the city, a utility operator and any operator shall be responsible for paying the full other person that owns, controls, or maintains any cost of the removal and any administrative costs unauthorized utility system or facility within a incurred by the city in removing the facility and right-of-way shall,at its own expense,remove the obtaining reimbursement.(Ord.06-11) system or facility and restore the right-of-way. A utility system or facility that the city engineer has 15.06.300 Appeals approved to be abandoned in place is not an unauthorized utility facility. A utility system or Unless another procedure is set forth in this facility is unauthorized under the following chapter, any decision by the city engineer or city circumstances: manager pursuant to this chapter may be appealed to the City Council by submitting to the city A. The utility system or facility is outside recorder, within 15 days after notice of the the scope of authority granted by an existing decision, a written statement setting forth the franchise. This includes systems or facilities that bases for appeal of the decision. The City were never franchised and systems or facilities Council's decision shall be subject to judicial that were once franchised but for which the review under the writ of review process. (Ord.06- franchise has expired or been terminated, unless 11) the utility operator pays the right-of-way usage fee and complies with the provisions of this chapter. This does not include any facility for which the city engineer has authorized abandonment in place. 15-06-9 Code Update: 4/13 TIGARD MUNICIPAL CODE Article IV.Termination/Cures D. The utility operator's history of compliance; 15.06.310 Revocation or Termination of a Franchise or Authority to Use E. The utility operator's cooperation in Rights-of-Way discovering, admitting and/or curing the violation. (Ord.06-11) The City Council may terminate a franchise or revoke other authority to use the rights-of-way 15.06.330 Notice and Cure for any of the following reasons: The city shall give the utility.operator written A. Violation of this chapter. notice of any apparent violations before terminating a franchise or revoking authority to B. Violation of a franchise agreement. use the rights-of-way. The notice shall include a short and concise statement of the nature and C. Misrepresentation in a franchise general facts of the violation or noncompliance application,including a renewal application. and provide a reasonable time(no less than 20 and no more than 40 days) for the utility operator to D. Abandonment of facilities without demonstrate that the utility operator has remained approval to abandon in place. in compliance, that the utility operator has cured or is in the process of curing any violation or E. Failure to pay taxes, compensation, fees noncompliance, or that it would be in the public or costs due the city after final determination of interest to impose a penalty or sanction less than the taxes, compensation,fees or costs. termination or revocation. If the utility operator is in the process of curing a violation or F. Failure to restore rights-of-way after noncompliance, the utility operator must construction as required by this chapter or Chapter demonstrate that it acted promptly and continues 15.04. to actively work on compliance. If the utility operator does not respond or if the city manager G. Failure to comply with technical, safety determines that the utility operator's response is and engineering standards related to work in the inadequate,the city manager shall refer the matter rights-of-way.(Ord. 06-11) to the City Council, which shall provide a duly noticed public hearing and determine whether the 15.06.320 Standards for Revocation or franchise or other authority to use the rights-of- Termination way shall be terminated or revoked. (Ord.06-11) In determining whether termination, 15.06.340 Penalties revocation or some other sanction is appropriate, the following factors shall be considered: Failure to comply with a provision of this chapter shall be a Ciass 1 civil infraction. (Ord. A. The egregiousness of the misconduct; 06-11) B. The harm that resulted; 15.06.350 Other Remedies C. Whether the violation was intentional; Nothing in this chapter shall be construed as limiting any judicial or other remedies the city 15-06-10 Code Update: 4/13 TIGARD MUNICIPAL CODE may have for enforcement of this chapter. (Ord. to existing franchisees on termination of existing 06-11) franchises.(Ord 06-11;Ord.00-35)• Article V.Severability and Application to Existing Agreements 15.06.360 Severability and Preemption A. The provisions of this chapter shall be interpreted to be consistent with applicable federal and state law, and shall be interpreted, to the extent possible, to cover only matters not preempted by federal or state law. B. If any provision of this chapter is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this chapter shall not be affected and all remaining portions shall be valid and enforceable to the fullest extent permitted by law. In the event any provision is preempted by federal or state law,the provision shall be preempted only to the extent required by law and any portion not preempted shall survive. If any federal or state law resulting in preemption is later repealed, rescinded or amended to end the preemption, the preempted provision shall return to full force and effect without further action by the city. C. The provisions of this chapter shall not be applied or construed to unlawfully abridge contractual or property rights of a utility operator to occupy private property or the area of a utility easement. (Ord.06-11) 15.06.370 Application to Existing Agreements This chapter shall be applied to all persons and activities, including existing franchisees, except that it shall not affect contract rights of existing franchisees.This chapter shall fully apply 15-06-11 Code Update: 4/13 AGENDA ITEM No. 5 April 8, 2014 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO TMC 15.06 FRANCHISE UTILITY ORDINANCE Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 5 April 8, 2014 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. p o6e. / ) 4y- e?33/ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AI S-1666 6. Business Meeting Meeting Date: 04/08/2014 Length (in minutes):30 Minutes Agenda Title: Presentation from TVF&R Chief Duyck - State of the District Submitted By: Cathy Wheatley,Administrative Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE Annual State of the District Presentation-TVF&R Chief Duyck. STAFF RECOMMENDATION / ACTION REQUEST N/ 1 KEY FACTS AND INFORMATION SUMMARY TVF&R Chief Duyck will give his Annual State of the District presentation to council. OTHER ALTERNATIVES N/;1 COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Attachments No file(r)attached AIS-1655 7, Business Meeting Meeting Date: 04/08/2014 Length (in minutes): 15 Minutes Agenda Title: Legislative Public Hearing- SW 116th Place Parking Change Prepared For: Rick Rhodes Submitted By: Julia Jewett, Police Item Type: Ordinance Meeting Type: Council Public Hearing- Informational Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Council consideration of ordinance to place parking regulations on SW 116th Place. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends a no parking zone on the East side of SW 116th Place from SW Beef Bend Rd to a point 400 feet from the curb line of SW Beef Bend Rd. Staff recommends that this language is added at the end of TMC 10.28.130 as item#94. KEY FACTS AND INFORMATION SUMMARY On 1/30/2014,members of the police department and Sr. Project Engineer Mike McCarthy met with residents of SW 116th Place,which is a 12-lot cul-de-sac North of Beef Bend Rd West of Hwy 99W. The residents have expressed long-standing frustration with people (likely residents of the apartment complex to the East) parking on both sides of their street,particularly at night.They are concerned about how this narrows 116th Place near the 116th/Beef Bend intersection and about the ability of emergency vehicles to get up the steep curving grade of 116th Place when necessary. Members of the police department have been working with the citizens of this neighborhood for years attempting to address the various safety concerns of the residents. It has been noted by officers that over the course of time there have been numerous parking violations (i.e. blocking mail box, fire hydrant, driveways, etc.) It has also been noted that when cars are parked on both sides of that narrow street,from Beef Bend Rd and up the hill,that the road is sufficiently narrow as to possibly impede large emergency vehicle access. SW 116th Place is 28 feet wide and its main part is about 400 feet long,plus a cul-de-sac circle with a large island in the center. It ascends at about a 15%grade with some fairly sharp curvature.The road around the island in the cul-de-sac is a de-facto no parking zone because of its narrowness. 28 feet is our standard width for a residential street with parking on one side only,but our code also includes a 28- foot skinny street with parking on both sides.The street could acceptably be left as-is,or justify a no parking zone along the East side of the street for safety reasons including emergency vehicle access,and to facilitate vehicle maneuvering, particularly considering the grade and curvature of the street and the difficult grades and angles of driveways. It would be better to eliminate parking on the East side (as opposed to the West side) because it is on the inside of the curve,and due to the hydrant and group mailbox,would result in removal of less parking spaces. On 10/10/2013,a survey was mailed to the residents of SW 116th Place offering a one side no parking zone on the East side of SW 116th Place to the 12 residents,with the following results; 6 = Yes 3 = No 3 = No response Three options were discussed at the 1/30 meeting: 1) Leave the street as-is; 2) Establish a short(<100') no parking zone on the East side near Beef Bend and sign/paint the existing 50' code-established no parking zone on the West side. 3) Establish a no parking zone on the entire East side of SW 116th Place and sign/paint the existing 50' zone on the West side. All 7 residents that attended the meeting seemed to prefer the 3rd option.We asked if anyone preferred a different option and no other option was brought forward. It might be noted that,of the 7 citizens who attended the meeting,2 were people who originally voted no on the survey. This would bring the total count to 8 in agreement rather than 6 as shown above. If council approves this recommendation by staff, step 1 would include notification of resolution to neighbors by mail. OTHER ALTERNATIVES 1) Leave the street as-is; 2) Establish a short (<100') no parking zone on the East side near Beef Bend and sign/paint the existing 50" code-established no parking zone on the West side. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION No previous council consideration. Attachments Ordinance TMC 10.28 Revised TMC 10.28 Showing Revision CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 14- AN ORDINANCE AMENDING TMC 10.28.130 PROHIBITING PARKING ON ONE SIDE OF SW 116Th PLACE NORTH OF SW BEEF BEND ROAD WHEREAS,TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard;and WHEREAS, the Tigard City Council has heard a recommendation from the City Engineer and Police Department that similar parking restrictions be imposed on the east side of SW 116th Place in order to improve safety. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 10.28.130, designating the streets or portions thereof where parking is prohibited at all times,is hereby amended by adding the following "(94) On the east side of SW 116th Place from SW Beef Bend Road to a point 400 feet from the curb line of SW Beef Bend Road." SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2014. Carol A. Krager,Deputy City Recorder APPROVED: By Tigard City Council this day of ,2014. John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 14- Page 1 TIGARD MUNICIPAL CODE Chapter 10.28 PARKING. 10.28.190 Application Of Parking Regulations To Disabled 10.28.010 Definitions. Persons. 10.28.020 Repealed By Ord.93-21. 10.28.200 Parking In Space Reserved For 10.28.022 Purposes For Which Parking Is Disabled Persons Prohibited-- Prohibited. Exceptions. 10.28.025 Vehicle Sales On Private 10.28.210 Removal And Impoundment Of Property. Vehicle Unlawfully Parked In 10.28.030 Truck,Trailer,Bus,Camper, Space Reserved For Disabled Motor Home,Recreational Persons. Vehicle,And Boat Restrictions. 10.28.040 Removal Of Parked Vehicle 10.28.010 Definitions. From Fire Area. 10.28.050 Required Precautions. 1. "Parking" or "parked," for purposes of 10.28.060 Parallel Parking Requirements. the City motor vehicle code, means the standing 10.28.070 Space Markings. of a vehicle, whether occupied or not, otherwise 10.28.080 S.W.Main Street Between S.W. than temporarily for the purpose of and while Burnham Street And Oregon actually engaged in loading or unloading property Electric Railroad Right-Of- or passengers, or in obedience to traffic Way. regulations or traffic signs or signals. 10.28.090 Two-Hour Time Limit. 10.28.095 Twelve Hour Limit. (Repealed 2. It is unlawful for any person to park or by Ord.02-14). stop any vehicle for a longer period of time than 10.28.110 Fifteen-Minute Time Limit. that designated by official signs, parking meters or 10.28.120 Sunday Restrictions. other markings placed by or under authority of the 10.28.125 Specified Period Restrictions. City. "Parking time limit" includes the aggregate 10.28.130 Prohibited At Any Time. of time of all stopping or standing of the same 10.28.135 Parking Prohibited Eight A.M. vehicle on the same side of the street within a To Six P.M. space of three hundred lineal feet measured along 10.28.136 Loading Zones—Authority To the curbline and between intersections; and the Establish. parking, standing or stopping of any vehicle 10.28.137 Loading Zones—Designated. within such expanse shall not exceed the 10.28.138 Construction Zones And designated time limit during any three-hour Temporary Loading Zones. period. 10.28.140 Violation—Mode Of Charging Defendant. 3. For purposes of this chapter, the 10.28.150 Violation—Penalty. definitions of the following terms as used herein 10.28.160 Authority To Impound shall conform to the following ORS sections Improperly Parked Vehicles. which by reference herein are made a part of this 10.28.170 Parking Prohibited In Specified chapter: Places. 10.28.175 Residential Parking Zones. a. "Camper" is defined as set forth in 10.28.180 Definitions For Sections ORS Section 801.180. 10.28.190 Through 10.28.210. 10-28-1 Code Update: 8/09 TIGARD MUNICIPAL CODE b. "Highway" or "street" is defined as 3. Storage, for any period of more than set forth in ORS Section 801.305. twenty-four hours, except that this subsection shall be subject to the limits elsewhere prescribed c. "Mobile home" is defined as set in the City motor vehicle code or as may be forth in ORS 801.340. prescribed by the Oregon State Motor Vehicle Code. It shall constitute prima facie evidence of d. "Motorbus" is defined as a storage of a vehicle if the same is not moved for a Commercial Bus as set forth in ORS 801.200. period of twenty-four hours. The continuity of the time shall not be deemed broken by movement of e. "Motor home" is defined as set the vehicle elsewhere on the block unless the forth in ORS Section 801.350. movement removes the vehicle from the block where it was located before it is returned. Any f. "Motor truck" is defined as set vehicle mentioned in this subsection parked on the forth in ORS Section 801.355. right-of-way of any highway, or upon any public street or public way within the City in violation of g. "Recreational vehicle" is defined as this subsection may be treated as an abandoned set forth in ORS 446.003. vehicle and the provisions of Chapter 7.60 shall apply. (Ord. 93-21 §3, 1993) h. "Trailer" is defined as set forth in ORS Section 801.560. 10.28.025 Vehicle Sales On Private Property. i. "Travel trailer" is defined as set forth in ORS Section 801.565 1. No property owner, unless in compliance with the provisions of Chapter 5.04, j. "Truck tractor" is defined as set Business Taxes, and in further compliance with all forth in ORS Section 801.575. (Ord. 99-28, Ord. applicable zoning codes, shall allow more than 93-21 §1, 1993; Ord. 70-41 Ch. 7, §1, 1970). one vehicle to be displayed for sale on his or her property. 10.28.020 Repealed By Ord.93-21. 2. Violation of this section shall be a Class 10.28.022 Purposes For Which Parking Is 1 infraction and shall be subject to the provisions Prohibited. of the civil infractions ordinance, Chapter 1.16 of this code. (Ord. 87-40 §1, 1987). No person shall park a vehicle on the right- of-way of any highway, or upon any public street 10.28.030 Truck,Trailer,Bus,Camper, or public way within the city limits for any of the Motor Home,Recreational following purposes: Vehicle,And Boat Restrictions. 1. Selling or offering merchandise for sale; 1. No person shall at any time park or leave standing a motor bus, motor truck, truck 2. Washing, greasing or repairing such tractor, motor home, boat, vehicle with camper, vehicle except as may be necessitated by recreational vehicle, or trailer, as defined in ORS emergency; 801.560, whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period 10-28-2 Code Update: 8/09 TIGARD MUNICIPAL CODE greater than thirty minutes, between the hours of 10.28.050 Required Precautions. one minute past twelve a.m. and six a.m. No person having control or charge of a 2. A recreational vehicle or motor home motor vehicle shall allow it to stand on any street may be parked on a public street longer than the unattended without first fully setting its parking period allowed in Section 10.28.030.1 if: brakes, stopping its motor and removing the ignition key and, when standing upon any a. It is owned by the resident or guest precipitous grade, the front wheels of the vehicle of the resident of the property in front of which it shall be angled into the curb. (Ord. 70-41 Ch. 7 is parked, §5, 1970). b. It is parked on the public street 10.28.060 Parallel Parking Requirements. adjacent to the lot of the resident,and No person shall stand or park a vehicle in a c. It is parked on the public street no street other than parallel with the edge of the longer than ten days in any calendar year. roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the 3. Such vehicle must be parked in a vehicle within eighteen inches of the edge of the manner which does not interfere with traffic or curb, except where the street is marked or signed create a hazard by obstructing the view of drivers. for angle parking. (Ord. 70-41 Ch. 7 §6, 1970). 4. Tractor Trailer, Truck Trailer. No 10.28.070 Space Markings. person shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.3 Where parking space markings are placed on unattended on any improved public highway, a street, no person shall stand or park a vehicle public street or other public way within the city other than at the indicated direction and within a limits. (Ord. 01-23, Ord. 93-21 §4, 1993; Ord. single marked space. (Ord.70-41 Ch. 7 §7, 1970). 81-86 §1, 1981; Ord. 81-84 §1, 1981: Ord. 79-109 §1, 1979; Ord. 76-57 §1, 1976; Ord. 76-30 §1, 10.28.080 S.W.Main Street Between S.W. 1976: Ord. 70-41 Ch. 7 §3, 1970). Burnham Street And Oregon Electric Railroad Right-Of- 10.28.040 Removal Of Parked Vehicle Way. From Fire Area. All parking of motor vehicles on that portion Whenever the owner or driver of a vehicle of S.W. Main Street between the intersection discovers that such vehicle is parked immediately thereof with S.W. Burnham Street and the Oregon in front of or close to a building to which the fire Electric Railroad right-of-way shall be parallel department has been summoned, he shall with the centerline of S.W. Main Street, and all immediately remove such vehicle from the area diagonal or head-in parking is prohibited. (Ord. unless otherwise directed by police or fire 70-41 Ch. 7 §8, 1970). officers.(Ord. 70-41 Ch.7 §4, 1970). 10.28.090 Two-Hour Time Limit. No person shall park or leave standing a vehicle of any kind or character, whether 10-28-3 Code Update: 8/09 TIGARD MUNICIPAL CODE motorized or not, continuously in excess of two hundred sixty-five feet southeasterly of the hours, except on Sundays and holidays, on the southeast right-of-way line of S.W. Pacific following public streets and highways, or portions Highway to a point one hundred twenty feet thereof, during the hours herein specifically southeasterly therefrom. designated: 2. BETWEEN NINE A.M. AND SIX 1. BETWEEN EIGHT A.M. AND FIVE P.M.: P.M.: a. S.W. Main Street; a. In that portion of the southwest half of the right-of-way of S.W. Tigard Street b. Repealed by Ord. 02-14. extending from the southeast right-of-way line of S.W. Pacific Highway (99W Overpass) to the c. The northerly half of S.W. Center northwest right-of-way line of S.W.Main Street; Street extending northeasterly from the intersection thereof with Greenburg Road to the b. In that portion of the southwest half intersection of S.W. 87th Avenue; of S.W. Commercial Street extending from a point which lies forty-five feet southeasterly of the d. The east side of S.W. 87th Avenue southeast right-of-way line of S.W. Main Street to between Pacific Highway and Center Street, a point one hundred thirty-nine feet southeasterly except any area designated as a loading zone. therefrom; and e. Along the northeast side of SW c. In that portion of the southwest half Burnham Street between Main Street and a point of S.W. Commercial Street extending from a point 100 feet from the southeast curb line of Main which lies five hundred thirty-five feet Street. southeasterly of the southeast right-of-way line of S.W. Main Street to a point two hundred fifteen 3. ANYTIME: feet southeasterly therefrom; Within the southwest half of S.W. d. In that portion of the northeast half Walnut Place beginning at a point which lies one of S.W. Commercial Street extending from a point hundred seventy-five feet along the curbline from which lies ninety-five feet southeasterly of the S.W. Pacific Highway, thence extending southeast right-of-way line of S.W. Main Street to southeasterly ninety feet therefrom. (Ord. 02-14, a point two hundred fifty-three feet southeasterly Ord. 99-13; Ord. 95-31; Ord. 92-27 §2, 1992; therefrom; Ord. 87-05 §1, 1987; Ord. 86-45 §1, 1986; Ord. 84-03 §1, 1984; Ord. 82-75 §1, 1982; Ord. 81-87 e. In that portion of the northeast half §1, 1981; Ord. 80-65 §3(part), 1980; Ord. 79-108 of S.W. Commercial Street extending from a point §1, 1979; Ord. 79-10 §1, 1979; Ord. 77-36 §1, which lies four hundred forty-eight feet 1977; Ord. 77-5 §1, 1977; Ord. 76-53 §1, 1976; southeasterly of the southeast right-of-way line of Ord. 70-41 Ch. 7 §9, 1970). S.W. Main Street to a point two hundred fifty- seven feet southeasterly therefrom; 10.28.095 Twelve Hour Limit f. In that portion of S.W. Walnut Repealed by Ord. 02-14. (Ord. 94-15). Place extending from a point which lies one 10-28-4 Code Update: 8/09 TIGARD MUNICIPAL CODE 10.28.110 Fifteen-Minute Time Limit. No person shall park a motor vehicle of any kind or character between the hours specified on 1. No person shall park or leave standing a the following defined portions of public streets in vehicle of any kind or character, whether the City: motorized or not, and whether attended or unattended, for a period of longer than fifteen 1. Repealed by Ord.02-14. minutes between the hours of nine a.m. and six p.m., except Sundays and holidays, in any area 2. Between the hours of eight a.m. and five designated as a fifteen-minute parking zone. p.m. within the northwesterly half of the right-of- way of S.W. Grant Avenue from the intersection 2. The City Engineer shall establish thereof with S.W. Walnut Street, southwesterly, to fifteen-minute parking zones to include no more the end of the roadway at Charles F. Tigard than twenty parking spaces on SW Main Street. School grounds; In selecting the locations for the fifteen-minute parking zones, the City Engineer shall consult 3. Between the hours of seven a.m. and six with the owners of businesses along Main Street. p.m. within the right-of-way of S.W. Garrett The fifteen-minute time limit shall become Street from the intersection thereof with S.W. effective upon installation of appropriate signing Pacific Highway southeasterly four hundred feet, designating the parking spaces where the time excepting therefrom the southwesterly two limit applies. (Ord. 95-30; Ord. 86-59 §1, 1986; hundred fifty feet; Ord. 71-33 §1 1971: Ord. 70-41 Ch. 7 §§10 12, 12A, 1970). 4. Between the hours of seven a.m. and six p.m., except Saturday and Sunday, within the 10.28.120 Sunday Restrictions. right-of-way of S.W. Garrett Street between Cresmer Drive and a point four hundred feet No person shall park a motor vehicle of any southeasterly from Pacific Highway, except along kind or character between the hours of six a.m. the southwest side of Garrett Street within two and twelve noon, on Sundays, according to Pacific hundred forty feet of Cresmer Drive. Standard Time or Pacific Daylight Time as may be then in effect, on the following defined 5. Between the hours of eight p.m. and six portions of public streets in the City: a.m., no person shall at any time park or leave standing a vehicle of any kind or character, 1. The westerly side of S.W. Grant Street whether motorized or not, and whether attended or extending from the intersection thereof with S.W. unattended, within any portion of the right-of-way Johnson Street to the intersection thereof with of SW Milton Court beginning at the north right- S.W.Walnut Avenue; of-way line of Bonita Road and extending northerly the full length of the street up to and 2. The southerly side of S.W. McKenzie including the cul-de-sac at the end of the street. Street extending from the intersection thereof with (Ord. 02-14, Ord. 98-23; 90-12 §1, 1990; Ord. S.W. Grant Street to the intersection thereof with 84-68 §1, 1984; Ord. 83-18 §1, 1983; Ord. 74-44 S.W. Pacific Highway (99-W). (Ord. 70-41 Ch. 7 §2, 1974). §13, 1970). 10.28.130 Prohibited At Any Time. 10.28.125 Specified Period Restrictions. No person shall at any time park or leave 10-28-5 Code Update: 8/09 TIGARD MUNICIPAL CODE standing a vehicle of any kind or character, Highway(99-W); whether motorized or not, and whether attended or unattended, within the following defined portions 4. Repealed by Ord. 80-65. of public streets and highways within the City: 5. Within the west half of the right-of-way 1. Within the improved portion of the of S.W. Hall Boulevard, within seven hundred right-of-way as bounded by the curb lines, on twenty-four feet northerly of the intersection of each side of S.W. Pacific Highway (99-W), the west right-of-way line of S.W. Hall Boulevard extending from the intersection of the centerline with the north right-of-way line of S.W. Pacific of S.W. Bull Mountain Road and the same Highway(99-W); extended to the southeasterly right-of-way line of S.W. Pacific Highway, northeasterly to the 6. Repealed by Ord. 02-14; northeasterly city limits, being an extension of the easterly line of that tract of land deeded to Max R. 7. Repealed by Ord. 02-14; Reed and recorded in Book 611, page 286, Deed Records, Washington County, Oregon; except that 8. Within the right-of-way of S.W. there is authorized and designated as a limited Commercial Street extending from the westerly parking area, two parking spaces along the right-of-way of S.W. Hall Boulevard on the northwesterly curb parallel to the southwesterly north side northwesterly one hundred feet, and on lanes of travel, for vehicular parking purposes the south side northwesterly one hundred seventy limited to any continuous period of not to exceed feet; fifteen minutes, extending from a point southwest along the curbline twenty feet from a point 9. Within the easterly half of the right-of- opposite the most easterly corner of the Charles F. way of S.W. Electric Street, within one hundred Tigard Schoolhouse site, southwesterly forty feet, feet northerly of the intersection of the easterly the boundaries of said spaces being delineated by right-of-way line of S.W. Electric Street with the painted markings; northerly right-of-way line of S.W.Main Street; 2. Within the following described portions 10. Within the north half of the right-of-way of the right-of-way of S.W. Hall Boulevard: of S.W. Pinebrook Street, within one hundred eleven feet westerly of the intersection of the west a. Repealed by Ord. 80-65. right-of-way line of S.W. Hall Boulevard with the north right-of-way line of S.W. Pinebrook Street; b. Within that portion of the right-of- way of S.W. Hall Boulevard, extending from the 11. Within the southeasterly half of S.W. intersection thereof with the Oregon Electric Main Street from the intersection thereof with the Railroad tracks (Southern Pacific) southeasterly to northeasterly line of S.W. Scoffins Street, the intersection thereof with the center of Fanno northeasterly to the intersection thereof with S.W. Creek; Pacific Highway right-of-way; 3. Within the east half of the right-of-way 12. Within the northwesterly half of that of S.W. Hall Boulevard, within four hundred portion of S.W. Main Street from its intersection thirty-five feet northerly of the intersection of the on the west and thereof with S.W. Pacific east right-of-way line of S.W. Hall Boulevard Highway,northeasterly two hundred thirty feet; with the north right-of-way line of S.W. Pacific 10-28-6 Code Update: 8/09 TIGARD MUNICIPAL CODE 13. Within the right-of-way of S.W. Walnut the driveway entrance to Fowler Junior High Street, extending from the intersection thereof School and extending westerly to a point four with S.W. Pacific Highway (99-W) northwesterly hundred and ninety feet from said driveway; to Tiedeman Avenue; 23. Within the southwest half of the right- 14. Within the curblines on each side of of-way of S.W. Commercial Street, within forty- S.W. Sandberg Street,including the cul-de-sac; five feet southeasterly of the southeast right-of- way line of S.W. Main Street; 15. Repealed by Ord. 02-14; 24. Within the curblines on each side of 16. On the southwesterly one-half of S.W. S.W. Lomita Street, beginning at a point in the Frewing beginning at a point five hundred feet centerline thereof, which point lies two hundred southeasterly of Pacific Highway and extending feet east of the east right-of-way line of S.W. 90th thence southeasterly a distance of two hundred Avenue, and running thence easterly and northerly feet; a distance of one hundred sixty feet therealong; 17. On the southeasterly one-half of Grant 25. Within the southeasterly half of S.W. Street beginning at the right-of-way line of Grant Avenue, beginning at the northeast right-of- Walnut Street and extending thence southwesterly way line of S.W. Walnut Street and extending to the end of the street at the Charles F. Tigard northeasterly to the southwest right-of-way line of elementary school grounds; S.W.Tigard Street; 18. On the south one-half of Scott Court 26. Repealed by Ord. 02-14; beginning at the right-of-way line of S.W. 98th Avenue and extending thence westerly two 27. Within the right-of-way of S.W. 68th hundred eighty-three feet; Parkway, extending from the intersection thereof with the south right-of-way line of S.W. Irving 19. On the northeast one-half of S.W. Street to the intersection thereof with the west Commercial Street beginning at the southeast right-of-way line of S.W. 66th Avenue; right-of-way line of S.W. Main Street and extending thence southeast ninety-five feet; 28. Within the northwesterly half of the right-of-way of S.W. Main Street, within four 20. On S.W. Hunziker Street extending hundred ninety-seven feet southwest of the from the intersection thereof with S.W. Hall southeast right-of-way line of S.W. Pacific Boulevard southeasterly approximately two Highway; thousand eight hundred fifty-three feet; 29. Within the southeasterly half of the 21. Within the right-of-way of S.W. 69th right-of-way of S.W. Boones Ferry Road, Avenue, extending from the intersection thereof beginning at the intersection of the west right-of- with the south right-of-way of S.W. Pacific way line of Interstate No. 5 with the southeast Highway to the intersection thereof with the north right-of-way line of S.W. Boones Ferry Road and right-of-way line of S.W.Dartmouth Street; extending southwesterly a distance of two hundred seventy feet therefrom; 22. On the northerly one-half of S.W. Walnut Street beginning at the westerly edge of 30. Within the right-of-way of S.W. 10-28-7 Code Update: 8/09 TIGARD MUNICIPAL CODE Scoffins Street, extending from the intersection Avenue between Pacific Highway and the thereof with S.W. Main Street, southeasterly to Beaverton-Tigard Highway(State Highway 217); S.W.Hall Boulevard; 41. Along both sides of S.W. Greenburg 31. Repealed by Ord.02-14; Road between Pacific Highway and Shady Lane; 32. Along both sides of S.W. 121st Avenue 42. Within the right-of-way of S.W. 110th between Scholls Ferry Road and Burlheights Avenue, beginning at a point one hundred six feet Drive; northerly of the north right-of-way line of S.W. Gaarde Street and extending thence two hundred 33. Within the right-of-way of S.W. seventy feet northerly; Summerfield Drive, extending from the intersection thereof with the north right-of-way 43. On southwest Gaarde Street from line of S.W. Durham Road to the intersection Pacific Highway to 112th Avenue, except for that thereof with the west right-of-way line of S.W. portion of the north half of Gaarde Street 98th Avenue; except that there is authorized and beginning at a point eighty feet east of the east designated an unrestricted (time) vehicular curbline of 110th Avenue and extending to a point parking area commencing at the west right-of-way one hundred ninety feet east of the east curbline of line of S.W. Century Oak Drive running westerly 110th Avenue, measured along the north curbline a distance of three hundred feet along the south of Gaarde Street; curb of S.W. Summerfield Drive; 44. Within the northeasterly half of the 34. In the southeasterly one-half of S.W. right-of-way of S.W. Canterbury Lane, extending Main Street, extending southwesterly one hundred from the intersection thereof with S.W. Pacific fifteen feet from the intersection of the southwest Highway, southeasterly a distance of seventy-five right-of-way line of S.W. Scoffins Street with the feet therefrom; southeast right-of-way line of S.W.Main Street; 45. Within the right-of-way of S.W. Fir 35. Along both sides of SW 72nd Avenue Street, extending from the intersection thereof between the Beaverton-Tigard Highway (State with S.W. 72nd Avenue, easterly to S.W. Fir Highway 217)and the south city limits; Loop; 36. Repealed by Ord 02-14; 46. Within the right-of-way of S.W. Fir Loop, being all that portion thereof lying easterly 37. Within the right-of-way of S.W. 112th of S.W.Fir Street; Avenue, extending southerly from S.W. Gaarde Street to the frontage road along S.W. Pacific 47. Within the right-of-way of S.W. Hall Highway; Boulevard extending from the intersection thereof with S.W. Pacific Highway (99-W) southerly to a 38. Repealed by Ord.02-14; point which lies two hundred feet south of the centerline of S.W. Scoffins Street; 39. Upon or within any delineated bicycle and/or pedestrian path(s)or lanes; 48. Within the right-of-way of S.W. 70th Avenue, extending from the intersection thereof 40. Within the paved portions of SW 72nd with S.W. Hampton Street, southerly to the 10-28-8 Code Update: 8/09 TIGARD MUNICIPAL CODE terminus thereof; S.W. Genesis Loop, extending from the most southerly intersection thereof with S.W. 115th 49. Within the northerly half of S.W. Avenue easterly a distance of one hundred sixty- Walnut Place; also, within the southwest half of five feet; S.W. Walnut Place beginning at S.W. Pacific and, thence, extending a distance of one hundred 58. Along both sides of S.W. Durham Road seventy-five feet southeasterly along the curbline; between Hall Boulevard and Pacific Highway; 50. Within a portion of the right-of-way of 59. Repealed by Ord. 95-32; S.W. Hampton Street being all that portion thereof lying between S.W. 72nd Avenue and S.W. 66th 60. Within the west half of the right-of-way Avenue; of S.W. 92nd Avenue, beginning at the intersection thereof with the south right-of-way 51. Repealed by Ord. 98-09; line of S.W. Durham Road; thence, extending southerly one thousand four hundred fifty feet; 52. Repealed by Ord. 98-09; 61. Within the right-of-way of S.W. 92nd 53. Within the southeast half of the most Avenue, beginning at a point which lies one southerly end of S.W. Main Street, beginning at thousand four hundred fifty feet southerly of the the intersection of the southeast curblines of S.W. south right-of-way line of S.W. Durham Road; Pacific Highway and S.W. Main Street and thence, extending southerly one thousand one extending seventy-five feet along the Main Street hundred ninety feet; excepting therefrom the south curbline to a point; also, therein, beginning at a six hundred eighty feet of the west half thereof; point on the Main Street curbline which lies two hundred five feet from said intersecting curblines 62. Along the east side of S.W. 85th Avenue and extending thirty feet therealong to a point; from Durham Road to a point four hundred fifty feet south of the south curbline of Durham Road; 54. Within the westerly half of the right-of- way of 115th Avenue extending from the 63. On S.W. Vams Street from S.W. 72nd intersection with S.W. Gaarde Street northerly to Avenue to a point one hundred twenty-five feet the intersection of S.W. Fonner Street; west of the west curbline of 72nd Avenue; 55. Within the northwesterly right-of-way 64. On S.W. Watkins Avenue from S.W. of S.W. McKenzie Street from a point twenty feet Pacific Highway to a point seventy-five feet west southeasterly from the intersection of the of the west curbline of Pacific Highway; centerlines at S.W. McKenzie St., and S.W. Grant St., to a point ninety feet southeasterly of the 65. Repealed by Ord. 09-09; centerline intersection; 66. On S.W. 69th Avenue from Pacific 56. On the northwesterly half of S.W. Ash Highway to a point one hundred fifty feet north of Avenue beginning at the northeast right-of-way the north curbline of Pacific Highway, measured line of S.W. Commercial Street and extending along the east curbline of 69th Avenue; thence northeasterly one hundred thirty-eight feet. 67. Along the south side of S.W. Locust 57. Within the curblines on each side of Street between Greenburg Road and 93rd Avenue; 10-28-9 Code Update: 8/09 TIGARD MUNICIPAL CODE 68. Along the south side of Spruce Street subsection(78) shall cease; between a point one hundred feet east of the extended centerline of S.W. 72nd Avenue and a 79. Along portions of S.W. Fir Street point 100 feet west of the extended centerline of between S.W. 72nd Avenue and the street S.W. 72nd Avenue; terminus west of 74th Avenue, as follows: along the entire south side of the street; along the north 69. Along both sides of S.W. 135th Avenue side of the street within sixty feet of the west between Scholls Ferry Road and Morning Hill curbline of S.W. 72nd Avenue; and along the Drive; north side of the street west of a point which is sixty feet west of the centerline of S.W. 74th 70. Along both sides of S.W. Nimbus Avenue; Avenue between Scholls Ferry Road and a point two hundred forty feet south of the south curbline 80. Along both sides of S.W. North Dakota of Scholls Ferry Road; Street between S.W. Tiedeman Avenue and S.W. 115th Avenue. 71. Along both sides of S.W. Bonita Road between Hall Boulevard and S.W. 83rd Court; 81. Along both sides of SW Dartmouth Street between SW 68th Parkway and SW Pacific 72. Along both sides of S.W. Bonita Road Highway. between 83rd Court and Fanno Creek; 82. Along the west side of SW 108th 73. Repealed by Ord.02-14; Avenue between Durham Road and a point 145 feet north of the centerline of Chateau Lane. 74. Along the north side of Canterbury Lane between Pacific Highway and S.W. 106th 83. Along the west side of SW 109th Avenue; Avenue beginning at the start of a curve approximately two hundred sixty feet south of the 75. Along the north side of Benchview south curb line of Canterbury Lane and continuing Terrace between S.W. 132nd Avenue and the west south a distance of two hundred eighty-five feet boundary of Benchview Estates subdivision as measured along the west curb of SW 109th recorded in Book 66, page 38, of the plat records Avenue. of Washington County; 84. Along the east side of SW 109th Avenue 76. Along both sides of S.W. McDonald beginning at the start of a curve approximately Street between Hall Boulevard and 93rd Avenue; 260 feet south of the south curb line of Canterbury Lane and continuing south a distance of one 77. Repealed by Ord. 95-17. hundred twenty-five feet measured along the east curb of SW 109th Avenue. 78. Along the west side of S.W. 108th Avenue from Chateau Lane to a point two 85. Along the south side of Canterbury Lane hundred thirty-three feet south of the centerline of from Pacific Highway to a point two hundred feet Chateau Lane until such time as 108th Avenue is east of the east curb line of Pacific Highway; improved in this location to full minor collector standards. At the time that the street is improved, 86. On both sides of SW Durham Road the effect of the ordinance codified in this between SW 72nd Avenue and Upper Boones 10-28-10 Code Update: 8/09 TIGARD MUNICIPAL CODE Ferry Road; §1, 1991; Ord. 91-09 §1, 1991; Ord. 90-42 §1, 1990; Ord. 90-36 §1, 1990; Ord. 90-35 §1, 1990; 87. On both sides of SW North Dakota Ord. 90-34 §1, 1990; Ord. 90-33 §1, 1990; Ord. Street between Scholls Ferry Road and 90-32 §1, 1990; Ord. 90-31 §1, 1990; Ord. 89-12 Springwood Drive; 88. On SW 70th Avenue between Beveland Street and Franklin Street; 89. Along the southwest side of SW Commercial Street beginning at a point two hundred fifty feet southeast of the southeast curb of Main Street and continuing to a point five hundred ten feet southeast of the southeast curb of Main Street; 90. On both sides of SW Walnut Street between the south leg of 135th Avenue and SW Scholls Ferry Road; 91. On both sides of SW Royalty Parkway between Pacific Highway and Naeve Street. 92. Any portion of the right-of-way of SW 76th Avenue beginning at the south right-of-way line of Bonita Road and extending southerly four hundred eighty-two feet. 93. Within the northeast half of SW Commercial Street beginning at a point three hundred forty-eight feet southeast of the southeast right-of-way line of SW Main Street and continuing to a point four hundred forty-eight feet southeast of Main Street. 94. On the east side of SW 116th Place from SW Beef Bend Road to a point 400 feet from the curb line of SW Beef Bend Road. (Ord. 09-09 § 3; Ord. 02-14, Ord. 99-12; Ord. 99-11; Ord. 98-23; Ord. 98-09; Ord. 96-01; Ord. 95-32; Ord. 95-25; Ord. 95-23; Ord. 95-17; Ord. 95-07; Ord. 95-06; Ord. 94-22; Ord. 93-27 §§1, 2, 1993; Ord. 93-26 §1, 1993; Ord. 92-28 §1, 1992; Ord. 92-17 §1, 1992; Ord. 92-11 §1, 1992; Ord. 91-29 §1, 1991; Ord. 91-25 §1, 1991; Ord. 91-24 §1, 1991; Ord. 91-23 10-28-11 Code Update: 8/09 TIGARD MUNICIPAL CODE §1, 1989; Ord. 88-30 §1, 1988; Ord. 88-05 §1, 1988; Ord. 88-04 §1, 1988; Ord. 87-53 §1, 1987; Ord. 87-46 §1, 1987; Ord. 86-67 §1, 1987; Ord. 87-06 §1, 1987; Ord. 86-55 §1, 1986; Ord. 86-54 §1, 1986; Ord. 86-45A §1, 1986; Ord. 86-13 §1, 1986; Ord. 86-04 §1, 1986; Ord. 84-53 §1, 1984; Ord. 83-50 §1, 1983; Ord. 83-46 §1, 1983; Ord. 83-29 §1, 1983; Ord. 83-28 §1, 1983; Ord. 82-82 §1, 1982; Ord. 82-76 §1, 1982; Ord. 81-80 §1, 1981; Ord. 81-57 §1, 1981; Ord. 81-46 §1, 1981; Ord. 80-65 §§1, 3(part), 1980; Ord. 79-60 §1, 1979; Ord. 79-107 §1, 1979; Ord. 79-113 §1, 1979; Ord. 79-114 §1, 1979; Ord. 79-39 §1, 1979; Ord. 79-9 §1, 1979; Ord. 78-45 §1, 1978; Ord. 78- 68 §1, 1979; Ord. 78-39 §1, 1979; Ord. 78-38 §1, 1977; Ord. 77-93 §1, 1977; Ord. 77-92 §1, 1977; Ord. 77-78 §1, 1977; Ord. 77-77 §1, 1977; Ord. 77-73 §1, 1977: Ord. 77-61 §1, 1977; Ord. 77-40 §1, 1977; Ord. 77-39 §1, 1977; Ord. 77-36 §2, 1977; Ord. 77-6 §1, 1977; Ord. 76-56 §1, 1976; Ord. 76-38 §1, 1976; Ord. 76-33 §1, 1976; Ord. 76-31 §1, 1976; Ord. 76-20 §1, 1976; Ord. 76-8 §1, 1976; Ord. 76-7 §1, 1976; Ord. 76-6 §1, 1976; Ord. 75-47 §1, 1975; Ord. 75-38 §1, 1975; Ord. 75-34 §1, 1975; Ord. 75-51 §1, 1975; Ord. 74-44 §1, 1974; Ord. 71-32 §1, 1971: Ord. 70-41 Ch. 7 §14, 1970). 10.28.135 Parking Prohibited Eight A.M. To Six P.M. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not, between the hours of eight a.m. and six p.m. on any day of the week, including Saturday and Sunday, on the southerly one-half of the following portion of S.W. Johnson Street, in the City of Tigard,Oregon: That portion of the southerly one-half of S.W. Johnson Street lying westerly of and within four hundred feet of the northwesterly right-of- way line of S.W. Pacific Highway. (Ord. 75-19 §1, 1975). 10-28-12 Code Update: 8/09 TIGARD MUNICIPAL CODE 10.28.136 Loading Zones—Authority To the business or businesses for the benefit of which Establish. they were established, for any purpose except the continuous loading or unloading of persons or 1. The City Council may establish loading materials. zones along any street for the purpose of permitting the loading and unloading of 3. At all times other than those times merchandise and persons. The action of the City designated in the ordinance establishing a Council establishing such loading zones must be particular loading zone, such zones shall be taken by ordinance. In establishing loading zones available for general use under the parking the City Council shall give consideration to the regulations applicable to the district in which they volume and nature of business within the area are located. under consideration, the traffic demands upon the street in question, the nature of the need of the 4. The City Council shall consider creation adjacent business or businesses and of the needs of loading zones upon application by any resident of other businesses within the immediate area, the or property owner, and if, after consideration of width and surface of the street, and any other the factors identified in subsection 10.28.136.1 relevant information. In establishing loading above, the City Council determines that a loading zones, the City Council may limit the applicability zone should be created, it shall create such of the loading zone restriction to certain hours of loading zone by ordinance, and direct that the the day or night. The characterization of the loading zone so established by marked by loading zone as an area of restricted parking shall appropriate signs. The City shall procure be indicated by the placement of signs which shall appropriate signs and cause them to be installed. indicate clearly the area affected, and which shall The applicant shall pay the City the cost of the state the hours of the day during which the necessary signs and poles and the cost of the labor "loading zone"restricted applies. necessary to install them, and installation shall not be made before such payment. (Ord. 76-10 §1, 2. Loading zones shall be reserved for use 1976). by commercial vehicle in loading and unloading persons and commodities during the hours 10.28.137 Loading Zones—Designated. designated on all days except Sundays and holidays. No person shall stop, stand or park any The following portions of public streets vehicle other than a commercial vehicle within the within the City of Tigard are designated as designated area between such hours, except that loading zones for the hours indicated: noncommercial vehicles may use such zones while actually engaged in the loading or 1. Repealed by Ord. 95-20; unloading of persons or commodities, but noncommercial vehicles shall upon demand give 2. Within the easterly half of S.W. 87th way to commercial vehicles whose drivers desire Avenue, beginning at a point thirty feet southerly to use the zone for loading or unloading purposes. of an easterly extension of the south boundary line Commercial vehicles using loading zones shall be of S.W. Center Street and, thence, running entitled to the use of a loading zone only during southerly sixty feet. The described zone is such time as may reasonably be necessary for the designated as a loading zone between the hours of loading and unloading of persons and materials nine a.m. to three p.m., Saturdays, Sundays and and for so long as such activity actually continues. holidays excluded; Loading zones shall not be used by employees of 10-28-13 Code Update: 8/09 TIGARD MUNICIPAL CODE 3. Repealed by Ord. 95-20. (Ord. 95-20; end of the term allowed by the permit as issued, Ord. 92-27 §1, 1992; Ord. 86-60 §1, 1986; Ord. the applicant shall be entitled to a refund in the 86-14 §1, 1986; Ord. 81-90 §1, 1981; Ord. 76-10 amount of the charge that would have been made §2, 1976). for the unused term of the permit. 10.28.138 Construction Zones And 4. Display of Permit. Before any person Temporary Loading Zones. shall use a parking space in such a way as to require the issuance of a construction zone or 1. Provision for Permits. Any person who temporary loading zone permit he shall obtain the finds it necessary to park a motor vehicle for construction permit or temporary loading zone actual construction or maintenance work or who permit, and at all such times as the vehicle or finds it necessary to block off a parking space or vehicles shall be parked in the place authorized by spaces along the curb in a zone in which parking such a permit, the permit shall be displayed in is controlled, shall be entitled to a construction such a way as to permit one observing the vehicle zone permit. Any person who fmds it necessary from the outside to read it. If the vehicle is in connection with the conduct of a commercial equipped with a sunvisor above or beside the enterprise or in the construction of a building, to windshield on the driver's side, the permit shall be park a motor vehicle or to block off a parking displayed on the sunvisor, which shall be turned space or spaces along the curb for such work shall down so as to expose the permit toward the be entitled to a temporary loading zone permit. outside of the vehicle. Application for a construction zone permit or a temporary loading zone permit shall be made in 5. The purpose of this section is to permit writing to the Chief of Police upon a form to be use of the public streets for parking in provided by him showing such information as he circumstances in which parking would otherwise may request. The Chief of Police shall make such be prohibited or limited as to time pursuant to the investigation as he deems necessary and, if he is ordinances of the City of Tigard. (Ord. 78-75 §2, satisfied that the applicant has a reasonable need 1978). for the permit, the Chief of Police shall issue a construction zone permit or a temporary loading 10.28.140 Violation--Mode of charging zone permit. defendant. 2. Term of Permit. The term of a permit 1. In all prosecutions for violation of city issued by the Chief of Police pursuant to motor vehicle parking laws, it shall be sufficient subsection 110.28.138.1 above shall be to charge the defendant by an unsworn written established by the Chief of Police and entered notice if the same clearly states: upon the permit but in no event shall a permit be issued for a period to exceed one year. a. The date, place and nature of the charge; 3. Fees. The fee for a construction zone permit or a temporary loading zone permit shall b. The time and place for defendant's be twenty-four dollars for one year or two dollars appearance in Court; for each month or portion of a month for periods of less than one year. The fee shall be paid to the c. The name of the arresting officer; Chief of Police at the time of application. In the d. The license number of the vehicle. event the need for the permit terminates before the 10-28-14 Code Update: 8/09 TIGARD MUNICIPAL CODE 2. The notice provided for in subsection established in advance, pursuant to an agreement 10.28.140.1 of this section shall either be between the police department of the City of delivered to the defendant or placed in a Tigard and the towing and storage firm or firms conspicuous place upon the vehicle involved in called upon to conduct such business. No charges the violation. The notice shall serve as the in excess of those previously agreed upon shall be complaint in the case. In all other respects the levied against the owner or operator of a vehicle procedure now provided by law in such cases towed pursuant to subsection 10.28.160.1 of this shall be followed. (Ord.70-41 Ch. 7 §15, 1970). section. 10.28.150 Violation—Penalty. 3. The towing service called upon to impound a vehicle and finding the owner or driver Any violation of the provisions of any thereof present shall release the vehicle upon the section of this chapter or any rule or regulation presentation of proper identification of the owner therein stated, shall, upon conviction, be or operator, and upon the owner or operator's punishable by a fine of not more than one hundred signing an authorized receipt in duplicate (except dollars for each violation. (Ord. 70-41 Ch. 7 §30, where exclusive orders are given by the police 1970). department that the vehicle be impounded), and a service charge not to exceed one-half of the cost 10.28.160 Authority To Impound for the towing of the vehicle shall be made, that Improperly Parked Vehicles. charge to be paid by the owner or operator. The duplicate signed receipt shall be given to the 1. When any unattended vehicle is parked operator or owner of the vehicle, and the original upon any street, alley or public way of the City of signed copy shall be recorded by the towing Tigard in such a manner that it is unlawfully service in its ledger of releases. (Ord. 77-98 §1, parked in any prohibited or restricted area; or is 1977). unlawfully parked for a length of time prohibited by ordinance or resolution of this city; or is 10.28.170 Parking Prohibited In Specified parked in such a position that it constitutes an Places. obstruction to traffic or creates a danger to travel upon the street, alley or public way; or is found It is unlawful for the driver of a vehicle to abandoned in any street, alley or public way; or in stop or park the vehicle, whether attended or the event that an operator of a vehicle is arrested unattended, except when necessary to avoid and placed in custody and is not in condition to conflict with other traffic or in compliance with drive the vehicle to a place of safety and there is the directions of a police officer or traffic control no other person present who may properly act as signal,in any of the following places: agent for such operator to drive the vehicle to a place of safety, such vehicle is declared to be a 1. Within an intersection; public nuisance and subject to summary abatement, removal and impounding. 2. On a crosswalk; 2. Both the owner and the operator of a 3. Within fifty feet of any uncontrolled vehicle impounded pursuant to subsection intersection or any intersection controlled with 10.28.160.1 of this section shall be legally side-mounted stop signs, side-mounted yield responsible for payment of the costs of towing and signs, or side-mounted signals,except: storage. The towing and storage charges shall be 10-28-15 Code Update: 8/09 TIGARD MUNICIPAL CODE a. One one-way streets leaving an 4. Any other vehicle not identified in intersection; subsection 3. above, within twenty-five feet from the intersection of curb lines, or if none, then b. On streets otherwise signed if: within fifteen feet of the intersection of property lines at an intersection within a business or (1) The vehicle is over six feet in residence district; height, or 5. Within fifteen feet of the driveway (2) The vehicle is less than six entrance to any fire station; feet in height but by manufacture or modification, obscures the vision of: 6. Within ten feet of a fire hydrant, save and except taxicabs occupying properly signed (a) Any official side- taxi zones; mounted traffic control sign or signal, 7. In front of a private driveway; (b) Intersection traffic,or 8. On a sidewalk or parking strip; (c) Any pedestrian in a crosswalk; 9. On the roadway side of any vehicle stopped or parked at the edge of a street or (3) Vehicles described in highway; 10.28.170.3.b above include, but are not limited to,the following: 10. At any place where official signs, curb paint, or markings have been installed prohibiting (a) Vehicles with darkened, standing, stopping or parking; provided, however, shaded or curtained windows, driver-attended private passenger motor vehicles, taxicabs or other public conveyances may stop for (b) Vehicles modified to not more than thirty seconds in such a tow-away eliminate side window(s)and/or rear windows, zone for the purposes of loading and unloading passengers; (c) Vehicles with visibility through windows blocked by parcels, packages or 11. In front of the entrance of any post freight, office or other place where mail is received; or within ten feet of a mailbox during the hours of (d) Pickup vehicles of less eight a.m. to four thirty p.m. in any residential than six feet in height but mounted with a canopy area; or camper with limited visibility through it, 12. In any street, alley or lane, so as to (e) Panel trucks (except those prevent the free passage of other vehicles in both with windows on both sides of the rear portion of directions at the same time (except on one-way the truck, and also on the back of the truck); streets), or so as to prevent any vehicle from turning from one street into another; (4) An uncontrolled intersection is one where there are no traffic-regulating signs or 13. In any street, alley or lane, in lieu of signals. offstreet parking, for a period longer than forty- 10-28-16 Code Update: 8/09 TIGARD MUNICIPAL CODE eight hours; which the parking by nonresidents will be prohibited. Residents within the parking zones 14. In any emergency zone; may obtain a permit from the City Manager pursuant to subsection 10.28.175.2 of this section 15. In any loading zone, except as to a to allow for the parking of vehicles within the commercial vehicle when actually engaged in zone during the restricted hours. loading or unloading goods, wares, merchandise or materials, for a period not exceeding twenty 2. The City Manager shall establish minutes; and as taxicabs when loading or procedures and standards for the issuance of unloading passengers or merchandise, for a period permanent and temporary permits to residents that of time not exceeding two minutes; will allow the residents and their guests to park their vehicles within residential parking zones 16. In a bus loading zone, except a motor during the restricted hours. At a minimum, the bus or taxicab actually engaged in loading or City Manager shall establish rules which establish unloading passengers or merchandise for a period the criteria for issuance, surrender and revocation not exceeding two minutes; of permits, evidence of proof of residence and vehicle ownership, terms of the permit, standards 17. In any construction zone, except by such for display of the permit, and allow for the vehicles as are actually necessary to the issuance of temporary permits to residents for the construction work being carried on; parking of nonresident vehicles for temporary periods upon a showing of reasonable need for 18. On City-owned or City-operated such permits. property designated for use for motor vehicle parking by authorized City personnel only, 3. The City Manager shall cause to be without the consent of the City, if there is in plain installed and maintained, pursuant to TMC view on such property a sign prohibiting public 10.32.020, official signs for residential parking parking or restricting parking; zones which clearly identify the parking restrictions for nonresidents and the exception to 19. Within any city park or part thereof, those restrictions for permit holders within the during the time the park, or the relevant part of it, residential parking zones. is closed to the public. (Ord. 87-70 §1, 1987; Ord. 78-76, 1978). 4. It shall be unlawful for any person to: 10.28.175 Residential Parking Zones. a. Provide false information in connection with an application for a permanent or 1. The City Council, pursuant to TMC temporary permit; Section 10.32.010 may establish residential parking zones. The purpose of residential parking b. Fail to surrender a permit, when zones is to prohibit parking by nonresidents requested to do so, when the person is no longer during specific time periods within specific entitled to the permit; geographic areas used predominantly for residential purposes. The City Council resolution c. Use a permit when the permit which establishes the residential parking zone holder is no longer entitled to the permit; shall clearly define the geographic limits of the area affected by the zone and the hours during d. Use, or allow the use of a permit in 10-28-17 Code Update: 8/09 TIGARD MUNICIPAL CODE conjunction with a vehicle other than the vehicle use of walking as a means of transportation for which the permit was issued; impossible or impractical; or e. Use, or allow the use of a f. Cardiovascular disability that temporary permit in a manner inconsistent with makes use of walking as a means of transportation the terms and limitations of the permit. impossible or impractical. 5. The City Manager is authorized to 3. "Government building" and "public revoke any permit when the permit holder is building" have the meanings given those terms in found to be in violation of the provisions of this ORS 447.210. section, and, upon written notification thereof, the permit holder shall surrender the permit to the 4. "Marked motor vehicle" means a motor City Manager. Failure to do so shall constitute a vehicle conspicuously displaying the decal, violation of this section. (Ord. 03-08, Ord. 91-26 insignia or plates issued under the provisions of §1, 1991). ORS 487.925. (Ord. 80-58 §1, 1980). 10.28.180 Definitions For Sections 10.28.190 Application Of Parking 10.28.190 Through 10.28.210. Regulations To Disabled Persons. As used in Sections 10.28.190 through 10.28.210 unless the context requires otherwise: A disabled person may: 1. "Disabled parking space" means a 1. Park a marked motor vehicle in any parking space that is on private or public property public parking zone restricted as to the length of and is marked or signed to provide parking for time parking is permitted therein without disabled persons. incurring the penalties imposed for overtime parking in such zones; and 2. "Disabled person" means a person who permanently suffers from any of the following 2. Park a marked motor vehicle in any disabilities: public parking zone with metered parking without being required to pay any parking meter fee. a. Loss or loss of function of one or both legs or significant limitation in the use of the 3. The provisions of subsection 1 of this legs; section do not apply: b. Inability to be mobile without the a. To parking in zones where use of a wheelchair or other assistance device; stopping, parking or standing of all motor vehicles is prohibited; c. Loss or loss of function of both hands; b. To late evening or overnight parking where such parking is prohibited; d. Loss of vision or substantial loss of visual acuity or visual field beyond correction; c. To parking in zones reserved for special types of motor vehicles or activities; or e. Respiratory disability that makes 10-28-18 Code Update: 8/09 TIGARD MUNICIPAL CODE d. To parking in zones where parking is permitted only for thirty minutes or less. 4. A person who is not disabled as defined in Section 10.28.180, and who exercises the privileges granted a disabled person under this section, commits a parking violation as provided in Section 10.28.150.(Ord. 80-58 §2, 1980). 10.28.200 Parking In Space Reserved For Disabled Persons Prohibited-- Exceptions. 1. Except as provided in subsection 10.28.200.2 of this section, no person shall park a vehicle that is not a marked motor vehicle in a disabled parking space. 2. Subsection 10.28.200.1 of this section does not apply: a. To a vehicle that is momentarily in a disabled parking space for purposes of allowing a disabled person to enter or leave the vehicle. b. To any disabled parking space that is subject to different provisions or requirements under City ordinance if the different provisions or requirements are clearly posted. 3. Violation of subsection 1 of this section is a parking violation as prohibited in Section 10.28.150.(Ord. 80-58 §3, 1980). 10.28.210 Removal And Impoundment Of Vehicle Unlawfully Parked In Space Reserved For Disabled Persons. A vehicle parked on private property in violation of Section 10.28.200 is subject to the provisions of Section 10.28.160. (Ord. 80-58 §4, 1980).• 10-28-19 Code Update: 8/09 TIGARD MUNICIPAL CODE Chapter 10.28 PARKING. 111.28.190 Application Of Parking Regulations To Disabled 10.28.010 Definitions. Persons. 10.28.020 Repealed By Ord.93-21. 10.28.200 Parking In Space Reserved For 10.28.022 Purposes For Which Parking Is Disabled Persons Prohibited— Prohibited. Exceptions. 10.28.025 Vehicle Sales On Private 10.28.210 Removal And Impoundment Of Property. Vehicle Unlawfully Parked In 10.28.030 Truck,Trailer,Bus,Camper, Space Reserved For Disabled Motor Home,Recreational Persons. Vehicle,And Boat Restrictions. 10.28.040 Removal Of Parked Vehicle 10.28.010 Definitions. From Fire Area. 10.28.050 Required Precautions. 1. "Parking" or "parked," for purposes of 10.28.060 Parallel Parking Requirements. the City motor vehicle code, means the standing 10.28.070 Space Markings. of a vehicle, whether occupied or not, otherwise 10.28.080 S.W.Main Street Between S.W. than temporarily for the purpose of and while Burnham Street And Oregon actually engaged in loading or unloading property Electric Railroad Right-Of- or passengers, or in obedience to traffic Way. regulations or traffic signs or signals. 10.28.090 Two-Hour Time Limit. 10.28.095 Twelve Hour Limit. (Repealed 2. It is unlawful for any person to park or by Ord.02-14). stop any vehicle for a longer period of time than 10.28.110 Fifteen-Minute Time Limit. that designated by official signs,parking meters or 10.28.120 Sunday Restrictions. other markings placed by or under authority of the 10.28.125 Specified Period Restrictions. City. "Parking time limit" includes the aggregate 10.28.130 Prohibited At Any Time. of time of all stopping or standing of the same 10.28.135 Parking Prohibited Eight A.M. vehicle on the same side of the street within a To Six P.M. space of three hundred lineal feet measured along 10.28.136 Loading Zones—Authority To the curbline and between intersections; and the Establish. parking, standing or stopping of any vehicle 10.28.137 Loading Zones—Designated. within such expanse shall not exceed the 10.28.138 Construction Zones And designated time limit during any three-hour Temporary Loading Zones. period. 10.28.140 Violation—Mode Of Charging Defendant. 3. For purposes of this chapter, the 10.28.150 Violation—Penalty. definitions of the following terms as used herein 10.28.160 Authority To Impound shall conform to the following ORS sections Improperly Parked Vehicles. which by reference herein are made a part of this 10.28.170 Parking Prohibited In Specified chapter: Places. 10.28.175 Residential Parking Zones. a. "Camper" is defined as set forth in 10.28.180 Definitions For Sections ORS Section 801.180. 10.28.190 Through 10.28.210. 10-28-I Code Update: 8/09 TIGARD MUNICIPAL CODE b. "Highway"or"street"is defined as 3. Storage, for any period of more than set forth in ORS Section 801.305. twenty-four hours, except that this subsection shall be subject to the limits elsewhere prescribed c. "Mobile home" is defined as set in the City motor vehicle code or as may be forth in ORS 801.340. prescribed by the Oregon State Motor Vehicle Code. It shall constitute prima facie evidence of d. "Mototbus" is defined as a storage of a vehicle if the same is not moved for a Commercial Bus as set forth in ORS 801.200. period of twenty-four hours. The continuity of the time shall not be deemed broken by movement of e. "Motor home" is defined as set the vehicle elsewhere on the block unless the forth in ORS Section 801.350. movement removes the vehicle from the block where it was located before it is returned. Any f. "Motor truck" is defined as set vehicle mentioned in this subsection parked on the forth in ORS Section 801.355. right-of-way of any highway, or upon any public street or public way within the City in violation of g. "Recreational vehicle"is defined as this subsection may be treated as an abandoned set forth in ORS 446.003. vehicle and the provisions of Chapter 7.60 shall apply. (Ord.93-21 §3,1993) h. "Trailer" is defined as set forth in ORS Section 801.560. 10.28.025 Vehicle Sales On Private Property. i. "Travel trailer" is defined as set forth in ORS Section 801.565 1. No property owner, unless in compliance with the provisions of Chapter 5.04, j. "Truck tractor" is defined as set Business Taxes,and in further compliance with all forth in ORS Section 801.575. (Ord. 99-28,Ord. applicable zoning codes, shall allow more than 93-21 §1,1993;Ord.70-41 Ch.7,§I,1970). one vehicle to be displayed for sale on his or her property. 10.28.020 Repealed By Ord.93-21. 2. Violation of this section shall be a Class 10.28.022 Purposes For Which Parking Is 1 infraction and shall be subject to the provisions Prohibited. of the civil infractions ordinance,Chapter 1.16 of this code.(Ord.87-40§1,1987). No person shall park a vehicle on the right- of-way of any highway,or upon any public street 10.28.030 Truck,Trailer,Bus,Camper, or public way within the city limits for any of the Motor Home,Recreational following purposes: Vehicle,And Boat Restrictions. I. Selling or offering merchandise for sale; 1. No person shall at any time park or leave standing a motor bus, motor truck, truck 2. Washing, greasing or repairing such tractor, motor home, boat, vehicle with camper, vehicle except as may be necessitated by recreational vehicle, or trailer, as defined in ORS emergency; 801.560, whether attended or unattended, on any improved public highway, public street or other public way within the city limits, for a period 10-28-2 Code Update: 8/09 TIGARD MUNICIPAL CODE greater than thirty minutes, between the hours of 10.28.050 Required Precautions. one minute past twelve a.m.and six a.m. No person having control or charge of a 2. A recreational vehicle or motor home motor vehicle shall allow it to stand on any street may be parked on a public street longer than the unattended without first fully setting its parking period allowed in Section 10.28.030.1 if: brakes, stopping its motor and removing the ignition key and, when standing upon any a. It is owned by the resident or guest precipitous grade, the front wheels of the vehicle of the resident of the property in front of which it shall be angled into the curb. (Ord. 70.41 Ch. 7 is parked, §5, 1970). b. It is parked on the public street 10.28.060 Parallel Parking Requirements. adjacent to the lot of the resident,and No person shall stand or park a vehicle in a c. It is parked on the public street no street other than parallel with the edge of the longer than ten days in any calendar year. roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the 3. Such vehicle must be parked in a vehicle within eighteen inches of the edge of the manner which does not interfere with traffic or curb, except where the street is marked or signed create a hazard by obstructing the view of drivers. for angle parking.(Ord.70-41 Ch.7§6, 1970). 4. Tractor Trailer, Truck Trailer. No 10.28.070 Space Markings. person shall at any time park a tractor trailer or truck trailer as described in Section 10.28.010.3 Where parking space markings are placed on unattended on any improved public highway, a street, no person shall stand or park a vehicle public street or other public way within the city other than at the indicated direction and within a limits. (Ord. 01-23, Ord. 93-21 §4, 1993; Ord. single marked space.(Ord.70-41 Ch.7§7, 1970). 81-86§1, 1981;Ord.81-84§1, 1981:Ord.79-109 §1, 1979; Ord. 76-57 §1, 1976; Ord. 76-30 §1, 10.28.080 S.W.Main Street Between S.W. 1976:Ord.70.41 Ch.7§3,1970). Burnham Street And Oregon Electric Railroad Right-Of- 10.28.040 Removal Of Parked Vehicle Way. From Fire Area. All parking of motor vehicles on that portion Whenever the owner or driver of a vehicle of S.W. Main Street between the intersection discovers that such vehicle is parked immediately thereof with S.W. Burnham Street and the Oregon in front of or close to a building to which the fire Electric Railroad right-of-way shall be parallel department has been summoned, he shall with the centerline of S.W. Main Street, and all immediately remove such vehicle from the area diagonal or head-in parking is prohibited. (Ord. unless otherwise directed by police or fire 70-41 Ch.7§8, 1970). officers.(Ord.70-41 Ch.7§4, 1970). 10.28.090 T.%o-Hour Time Limit. No person shall park or leave standing a vehicle of any kind or character, whether 10-28-3 Code Update: 8/09 TIGARD MUNICIPAL CODE motorized or not, continuously in excess of two hundred sixty-five feet southeasterly of the hours, except on Sundays and holidays, on the southeast right-of-way line of S.W. Pacific following public streets and highways,or portions Highway to a point one hundred twenty feet thereof, during the hours herein specifically southeasterly therefrom. designated: 2. BETWEEN NINE A.M. AND SIX 1. BETWEEN EIGHT A.M. AND FIVE P.M.: P.M.: a. S.W.Main Street; a. In that portion of the southwest half of the right-of-way of S.W. Tigard Street b. Repealed by Ord.02-14. extending from the southeast right-of-way line of S.W. Pacific Highway (99W Overpass) to the c. The northerly half of S.W. Center northwest right-of-way line of S.W.Main Street; Street extending northeasterly from the intersection thereof with Greenburg Road to the b. In that portion of the southwest half intersection of S.W.87th Avenue; of S.W.Commercial Street extending from a point which lies forty-five feet southeasterly of the d. The east side of S.W. 87th Avenue southeast right-of-way line of S.W.Main Street to between Pacific Highway and Center Street, a point one hundred thirty-nine feet southeasterly except any area designated as a loading zone. therefrom;and e. Along the northeast side of SW c. In that portion of the southwest half Burnham Street between Main Street and a point of S.W.Commercial Street extending from a point 100 feet from the southeast curb line of Main which lies five hundred thirty-five feet Street. southeasterly of the southeast right-of-way line of S.W. Main Street to a point two hundred fifteen 3. ANYTIME: feet southeasterly therefrom; Within the southwest half of S.W. d. In that portion of the northeast half Walnut Place beginning at a point which lies one of S.W.Commercial Street extending from a point hundred seventy-five feet along the curbline from which lies ninety-five feet southeasterly of the S.W. Pacific Highway, thence extending southeast right-of-way line of S.W. Main Street to southeasterly ninety feet therefrom. (Ord. 02-14, a point two hundred fifty-three feet southeasterly Ord. 99-13; Ord. 95-31; Ord. 92-27 §2, 1992; therefrom; Ord. 87-05 §1, 1987; Out 86-45 §1, 1986; Ord. 84-03 §1, 1984;Ord. 82-75 §1, 1982;Ord.81-87 e. In that portion of the northeast half §1, 1981;Ord.80-65 §3(part), 1980;Out 79-108 of S.W.Commercial Street extending from a point §1, 1979; Ord. 79-10 §1, 1979; Ord. 77-36 §1, which lies four hundred forty-eight feet 1977; Ord. 77-5 §1, 1977; Ord. 76-53 §1, 1976; southeasterly of the southeast right-of-way line of Ord.70-41 Ch.7§9,1970). S.W. Main Street to a point two hundred fifty- seven feet southeasterly therefrom; 10.28.095 Twelve Hour Limit f. In that portion of S.W. Walnut Repealed by Ord.02-14. (Ord.94-15). Place extending from a point which lies one 10-28-4 Code Update: 8/09 TIGARD MUNICIPAL CODE 10.28.110 Fifteen-Minute Time Limit. No person shall park a motor vehicle of any kind or character between the hours specified on 1. No person shall park or leave standing a the following defined portions of public streets in vehicle of any kind or character, whether the City: motorized or not, and whether attended or unattended, for a period of longer than fifteen 1. Repealed by Ord.02-14. minutes between the hours of nine a.m. and six p.m., except Sundays and holidays, in any area 2. Between the hours of eight a.m.and five designated as a fifteen-minute parking zone. p.m. within the northwesterly half of the right-of- way of S.W. Grant Avenue from the intersection 2. The City Engineer shall establish thereof with S.W.Walnut Street,southwesterly,to fifteen-minute parking zones to include no more the end of the roadway at Charles F. Tigard than twenty parking spaces on SW Main Street. School grounds; In selecting the locations for the fifteen-minute parking zones, the City Engineer shall consult 3. Between the hours of seven a.m.and six with the owners of businesses along Main Street. p.m. within the right-of-way of S.W. Garrett The fifteen-minute time limit shall become Street from the intersection thereof with S.W. effective upon installation of appropriate signing Pacific Highway southeasterly four hundred feet, designating the parking spaces where the time excepting therefrom the southwesterly two limit applies. (Ord. 95-30; Ord. 86-59 §1, 1986; hundred fifty feet; Ord. 71-33 §1 1971: Ord. 70-41 Ch. 7 §§10 12, 12A,1970). 4. Between the hours of seven a.m.and six p.m., except Saturday and Sunday, within the 10.28.120 Sunday Restrictions. right-of-way of S.W. Garrett Street between Cresmer Drive and a point four hundred feet No person shall park a motor vehicle of any southeasterly from Pacific Highway, except along kind or character between the hours of six a.m. the southwest side of Garrett Street within two and twelve noon,on Sundays,according to Pacific hundred forty feet of Cresmer Drive. Standard Time or Pacific Daylight Time as may be then in effect, on the following defined 5. Between the hours of eight p.m.and six portions of public streets in the City: a.m., no person shall at any time park or leave standing a vehicle of any kind or character, 1. The westerly side of S.W. Grant Street whether motorized or not,and whether attended or extending from the intersection thereof with S.W. unattended,within any portion of the right-of-way Johnson Street to the intersection thereof with of SW Milton Court beginning at the north right- S.W.Walnut Avenue; of-way line of Bonita Road and extending northerly the full length of the street up to and 2. The southerly side of S.W. McKenzie including the cul-de-sac at the end of the street. Street extending from the intersection thereof with (Ord. 02-14, Ord. 98-23; 90-12 §I, 1990; Ord. S.W. Grant Street to the intersection thereof with 84-68 §1, 1984;Ord. 83-18 §1, 1983;Ord. 74-44 S.W. Pacific Highway(99-W).(Ord.70-41 Ch.7 §2, 1974). §13, 1970). 10.28.130 Prohibited At Any Time. 10.28.125 Specified Period Restrictions. No person shall at any time park or leave 10-28-5 Code Update: 8/09 TIGARD MUNICIPAL CODE standing a vehicle of any kind or character, Highway(99-W); whether motorized or not,and whether attended or unattended, within the following defined portions 4. Repealed by Ord.80-65. of public streets and highways within the City: 5. Within the west half of the right-of-way 1. Within the improved portion of the of S.W. Hall Boulevard, within seven hundred right-of-way as bounded by the curb lines, on twenty-four feet northerly of the intersection of each side of S.W. Pacific Highway (99-W), the west right-of-way line of S.W.Hall Boulevard extending from the intersection of the centerline with the north right-of-way line of S.W. Pacific of S.W. Bull Mountain Road and the same Highway(99-W); extended to the southeasterly right-of-way line of S.W. Pacific Highway, northeasterly to the 6. Repealed by Ord.02-14; northeasterly city limits,being an extension of the easterly line of that tract of land deeded to Max R. 7. Repealed by Ord.02-14; Reed and recorded in Book 611,page 286, Deed Records, Washington County,Oregon;except that 8. Within the right-of-way of S.W. there is authorized and designated as a limited Commercial Street extending from the westerly parking area, two parking spaces along the right-of-way of S.W. Hall Boulevard on the northwesterly curb parallel to the southwesterly north side northwesterly one hundred feet,and on lanes of travel, for vehicular parking purposes the south side northwesterly one hundred seventy limited to any continuous period of not to exceed feet; fifteen minutes,extending from a point southwest along the curbline twenty feet from a point 9. Within the easterly half of the right-of- opposite the most easterly corner of the Charles F. way of S.W. Electric Street, within one hundred Tigard Schoolhouse site, southwesterly forty feet, feet northerly of the intersection of the easterly the boundaries of said spaces being delineated by right-of-way line of S.W. Electric Street with the painted markings; northerly right-of-way line of S.W.Main Street; 2. Within the following described portions 10. Within the north half of the right-of-way of the right-of-way of S.W.Hall Boulevard: of S.W. Pinebrook Street, within one hundred eleven feet westerly of the intersection of the west a. Repealed by Ord.80-65. right-of-way line of S.W. Hall Boulevard with the north right-of-way line of S.W.Pinebrook Street; b. Within that portion of the right-of- way of S.W. Hall Boulevard, extending from the 11. Within the southeasterly half of S.W. intersection thereof with the Oregon Electric Main Street from the intersection thereof with the Railroad tracks(Southern Pacific)southeasterly to northeasterly line of S.W. Scoffins Street, the intersection thereof with the center of Fanno northeasterly to the intersection thereof with S.W. Creek; Pacific Highway right-of-way; 3. Within the east half of the right-of-way 12. Within the northwesterly half of that of S.W. Hall Boulevard, within four hundred portion of S.W. Main Street from its intersection thirty-five feet northerly of the intersection of the on the west and thereof with S.W. Pacific east right-of-way line of S.W. Hall Boulevard Highway,northeasterly two hundred thirty feet; with the north right-of-way line of S.W. Pacific 10-28-6 Code Update: 8/09 TIGARD MUNICIPAL CODE 13. Within the right-of-way of S.W. Walnut the driveway entrance to Fowler Junior High Street, extending from the intersection thereof School and extending westerly to a point four with S.W. Pacific Highway (99-W)northwesterly hundred and ninety feet from said driveway; to Tiedeman Avenue; 23. Within the southwest half of the right- 14. Within the curblines on each side of of-way of S.W. Commercial Street, within forty- S.W.Sandberg Street,including the cul-de-sac; five feet southeasterly of the southeast right-of- way line of S.W.Main Street; 15. Repealed by Ord.02-14; 24. Within the curblines on each side of 16. On the southwesterly one-half of S.W. S.W. Lomita Street, beginning at a point in the Frewing beginning at a point five hundred feet centerline thereof, which point lies two hundred southeasterly of Pacific Highway and extending feet east of the east right-of-way line of S.W.90th thence southeasterly a distance of two hundred Avenue,and running thence easterly and northerly feet; a distance of one hundred sixty feet therealong; 17. On the southeasterly one-half of Grant 25. Within the southeasterly half of S.W. Street beginning at the right-of-way line of Grant Avenue,beginning at the northeast right-of- Walnut Street and extending thence southwesterly way line of S.W. Walnut Street and extending to the end of the street at the Charles F. Tigard northeasterly to the southwest right-of-way line of elementary school grounds; S.W.Tigard Street; 18. On the south one-half of Scott Court 26. Repealed by Ord.02-14; beginning at the right-of-way line of S.W. 98th Avenue and extending thence westerly two 27. Within the right-of-way of S.W. 68th hundred eighty-three feet; Parkway, extending from the intersection thereof with the south right-of-way line of S.W. Irving 19. On the northeast one-half of S.W. Street to the intersection thereof with the west Commercial Street beginning at the southeast right-of-way line of S.W.66th Avenue; right-of-way line of S.W. Main Street and extending thence southeast ninety-five feet; 28. Within the northwesterly half of the right-of-way of S.W. Main Street, within four 20. On S.W. Hunziker Street extending hundred ninety-seven feet southwest of the from the intersection thereof with S.W. Hall southeast right-of-way line of S.W. Pacific Boulevard southeasterly approximately two Highway; thousand eight hundred fifty-three feet; 29. Within the southeasterly half of the 21. Within the right-of-way of S.W. 69th right-of-way of S.W. Boones Ferry Road, Avenue, extending from the intersection thereof beginning at the intersection of the west right-of- with the south right-of-way of S.W. Pacific way line of Interstate No. 5 with the southeast Highway to the intersection thereof with the north right-of-way line of S.W. Boones Ferry Road and right-of-way line of S.W.Dartmouth Street; extending southwesterly a distance of two hundred seventy feet therefrom; 22. On the northerly one-half of S.W. Walnut Street beginning at the westerly edge of 30. Within the right-of-way of S.W. 10-28-7 Code Update: 8/09 TIGARD MUNICIPAL CODE Scoffins Street, extending from the intersection Avenue between Pacific Highway and the thereof with S.W. Main Street, southeasterly to Beaverton-Tigard Highway(State Highway 217); S.W.Hall Boulevard; 41. Along both sides of S.W. Greenburg 31. Repealed by Ord.02-14; Road between Pacific Highway and Shady Lane; 32. Along both sides of S.W. 121st Avenue 42. Within the right-of-way of S.W. 110th between Scholls Ferry Road and Burlheights Avenue,beginning at a point one hundred six feet Drive; northerly of the north right-of-way line of S.W. Gaarde Street and extending thence two hundred 33. Within the right-of-way of S.W. seventy feet northerly; Summerfield Drive, extending from the intersection thereof with the north right-of-way 43. On southwest Gaarde Street from line of S.W. Durham Road to the intersection Pacific Highway to 112th Avenue, except for that thereof with the west right-of-way line of S.W. portion of the north half of Gaarde Street 98th Avenue; except that there is authorized and beginning at a point eighty feet east of the east designated an unrestricted (time) vehicular curbline of 110th Avenue and extending to a point parking area commencing at the west right-of-way one hundred ninety feet east of the east curbline of line of S.W. Century Oak Drive running westerly 110th Avenue,measured along the north curbline a distance of three hundred feet along the south of Gaarde Street; curb of S.W.Summerfield Drive; 44. Within the northeasterly half of the 34. In the southeasterly one-half of S.W. right-of-way of S.W. Canterbury Lane, extending Main Street, extending southwesterly one hundred from the intersection thereof with S.W. Pacific fifteen feet from the intersection of the southwest Highway, southeasterly a distance of seventy-five right-of-way line of S.W. Scoffins Street with the feet therefrom; southeast right-of-way line of S.W.Main Street; 45. Within the right-of-way of S.W. Fir 35. Along both sides of SW 72nd Avenue Street, extending from the intersection thereof between the Beaverton-Tigard Highway (State with S.W. 72nd Avenue, easterly to S.W. Fir Highway 217)and the south city limits; Loop; 36. Repealed by Ord 02-14; 46. Within the right-of-way of S.W. Fir Loop, being all that portion thereof lying easterly 37. Within the right-of-way of S.W. 112th of S.W.Fir Street; Avenue, extending southerly from S.W. Gaarde Street to the frontage road along S.W. Pacific 47. Within the right-of-way of S.W. Hall Highway; Boulevard extending from the intersection thereof with S.W. Pacific Highway(99-W)southerly to a 38. Repealed by Ord.02-14; point which lies two hundred feet south of the centerline of S.W.Scoffins Street; 39. Upon or within any delineated bicycle and/or pedestrian path(s)or lanes; 48. Within the right-of-way of S.W. 70th Avenue, extending from the intersection thereof 40. Within the paved portions of SW 72nd with S.W. Hampton Street, southerly to the 10-28-8 Code Update: 8/09 TIGARD MUNICIPAL CODE terminus thereof; S.W. Genesis Loop, extending from the most southerly intersection thereof with S.W. 115th 49. Within the northerly half of S.W. Avenue easterly a distance of one hundred sixty- Walnut Place; also, within the southwest half of five feet; S.W.Walnut Place beginning at S.W. Pacific and, thence, extending a distance of one hundred 58. Along both sides of S.W. Durham Road seventy-five feet southeasterly along the curbline; between Hall Boulevard and Pacific Highway; 50. Within a portion of the right-of-way of 59. Repealed by Ord.95-32; S.W.Hampton Street being all that portion thereof lying between S.W. 72nd Avenue and S.W. 66th 60. Within the west half of the right-of-way Avenue; of S.W. 92nd Avenue, beginning at the intersection thereof with the south right-of-way 51. Repealed by Ord.98-09; line of S.W. Durham Road; thence, extending southerly one thousand four hundred fifty feet; 52. Repealed by Ord.98-09; 61. Within the right-of-way of S.W. 92nd 53. Within the southeast half of the most Avenue, beginning at a point which lies one southerly end of S.W. Main Street, beginning at thousand four hundred fifty feet southerly of the the intersection of the southeast curblines of S.W. south right-of-way line of S.W. Durham Road; Pacific Highway and S.W. Main Street and thence, extending southerly one thousand one extending seventy-five feet along the Main Street hundred ninety feet;excepting therefrom the south curbline to a point; also, therein, beginning at a six hundred eighty feet of the west half thereof; point on the Main Street curbline which lies two hundred five feet from said intersecting curblines 62. Along the east side of S.W.85th Avenue and extending thirty feet therealong to a point; from Durham Road to a point four hundred fifty feet south of the south curbline of Durham Road; 54. Within the westerly half of the right-of- way of 115th Avenue extending from the 63. On S.W. Vams Street from S.W. 72nd intersection with S.W. Gaarde Street northerly to Avenue to a point one hundred twenty-five feet the intersection of S.W.Fonner Street; west of the west curbline of 72nd Avenue; 55. Within the northwesterly right-of-way 64. On S.W. Watkins Avenue from S.W. of S.W.McKenzie Street from a point twenty feet Pacific Highway to a point seventy-five feet west southeasterly from the intersection of the of the west curbline of Pacific Highway; centerlines at S.W. McKenzie St.,and S.W.Grant St., to a point ninety feet southeasterly of the 65. Repealed by Ord.09-09; centerline intersection; 66. On S.W. 69th Avenue from Pacific 56. On the northwesterly half of S.W. Ash Highway to a point one hundred fifty feet north of Avenue beginning at the northeast right-of-way the north curbline of Pacific Highway, measured line of S.W. Commercial Street and extending along the east curbline of 69th Avenue; thence northeasterly one hundred thirty-eight feet. 67. Along the south side of S.W. Locust 57. Within the curblines on each side of Street between Greenburg Road and 93rd Avenue; 10-28-9 Code Update: 8/09 TIGARD MUNICIPAL CODE 68. Along the south side of Spruce Street subsection(78)shall cease; between a point one hundred feet east of the extended centerline of S.W. 72nd Avenue and a 79. Along portions of S.W. Fir Street point 100 feet west of the extended centerline of between S.W. 72nd Avenue and the street S.W.72nd Avenue; terminus west of 74th Avenue, as follows: along the entire south side of the street; along the north 69. Along both sides of S.W. 135th Avenue side of the street within sixty feet of the west between Scholls Ferry Road and Morning Hill curbline of S.W. 72nd Avenue; and along the Drive; north side of the street west of a point which is sixty feet west of the centerline of S.W. 74th 70. Along both sides of S.W. Nimbus Avenue; Avenue between Scholls Ferry Road and a point two hundred forty feet south of the south curbline 80. Along both sides of S.W.North Dakota of Scholls Ferry Road; Street between S.W.Tiedeman Avenue and S.W. 115th Avenue. 71. Along both sides of S.W. Bonita Road between Hall Boulevard and S.W.83rd Court; 81. Along both sides of SW Dartmouth Street between SW 68th Parkway and SW Pacific 72. Along both sides of S.W. Bonita Road Highway. between 83rd Court and Fanno Creek; 82. Along the west side of SW 108th 73. Repealed by Ord.02-14; Avenue between Durham Road and a point 145 feet north of the centerline of Chateau Lane. 74. Along the north side of Canterbury Lane between Pacific Highway and S.W. 106th 83. Along the west side of SW 109th Avenue; Avenue beginning at the start of a curve approximately two hundred sixty feet south of the 75. Along the north side of Benchview south curb line of Canterbury Lane and continuing Terrace between S.W. 132nd Avenue and the west south a distance of two hundred eighty-five feet boundary of Benchview Estates subdivision as measured along the west curb of SW 109th recorded in Book 66,page 38,of the plat records Avenue. of Washington County; 84. Along the east side of SW 109th Avenue 76. Along both sides of S.W. McDonald beginning at the start of a curve approximately Street between Hall Boulevard and 93rd Avenue; 260 feet south of the south curb line of Canterbury Lane and continuing south a distance of one 77. Repealed by Ord.95-17. hundred twenty-five feet measured along the east curb of SW 109th Avenue. 78. Along the west side of S.W. 108th Avenue from Chateau Lane to a point two 85. Along the south side of Canterbury Lane hundred thirty-three feet south of the centerline of from Pacific Highway to a point two hundred feet Chateau Lane until such time as 108th Avenue is east of the east curb line of Pacific Highway; improved in this location to full minor collector standards. At the time that the street is improved, 86. On both sides of SW Durham Road the effect of the ordinance codified in this between SW 72nd Avenue and Upper Boones 10-28-10 Cade Update: 8/09 TIGARD MUNICIPAL CODE Ferry Road; 1990; Ord. 90-36 §1, 1990; Ord. 90-35 §1, 1990; Ord. 90-34 §1, 1990; Ord. 90-33 §1, 1990; Ord. 87. On both sides of SW North Dakota 90-32§1, 1990;Ord.90-31 §1, 1990;Ord. 89-12 Street between Scholls Ferry Road and Springwood Drive; 88. On SW 70th Avenue between Beveland Street and Franklin Street; 89. Along the southwest side of SW Commercial Street beginning at a point two hundred fifty feet southeast of the southeast curb of Main Street and continuing to a point five hundred ten feet southeast of the southeast curb of Main Street; 90. On both sides of SW Walnut Street between the south leg of 135th Avenue and SW Scholls Ferry Road; 91. On both sides of SW Royalty Parkway between Pacific Highway and Naeve Street. 92. Any portion of the right-of-way of SW 76th Avenue beginning at the south right-of-way line of Bonita Road and extending southerly four hundred eighty-two feet. 93. Within the northeast half of SW Commercial Street beginning at a point three hundred forty-eight feet southeast of the southeast right-of-way line of SW Main Street and continuing to a point four hundred forty-eight feet southeast of Main Street. 94. On the east side of SW 1161' Place {Formatted:Superscript from SW Beef Bend Road to a point 400 feet from the curb line of SW Beef Bend Road. (On!. 09-09 § 3; Ord. • (Formatted:Indent:Left: 0",First line: 0.07" 02-14, Ord. 99-12; Ord. 99-11; Ord. 98-23; Ord. 98-09; Ord. 96-01;Ord. 95-32; Ord. 95-25;Ord. 95-23; Ord. 95-17;Ord. 95-07; Ord. 95-06;Ord. 94-22; Ord. 93-27 §§l, 2, 1993; Ord. 93-26 §1, 1993; Ord. 92-28 §I, 1992; Ord. 92-17 §1, 1992; Ord. 92-11 §1, 1992; Ord. 91-29 §1, 1991;Ord. 91-25 §1, 1991;Ord.91-24§1, 1991;Ord.91-23 §1, 1991; Ord. 91-09 §1, 1991; Ord. 90-42 §1, 10-28-11 Code Update: 8/09 TIGARD MUNICIPAL CODE §1, 1989; Ord. 88-30 §I, 1988; Ord. 88-05 §1, 1988;Ord.88-04§1, 1988;Ord. 87-53§1, 1987; Ord. 87-46 §1, 1987; Ord. 86-67 §1, 1987;Ord. 87-06§1, 1987;Ord.86-55 §1, 1986;Ord.86-54 §1, 1986;Ord. 86-45A §1, 1986;Ord. 86-13 §1, 1986;Ord. 86-04§1, 1986;Ord. 84-53 §1, 1984; Ord. 83-50 §1, 1983; Ord. 83-46 §1, 1983;Ord. 83-29 §1, 1983;Ord.83-28 §1, 1983;Ord.82-82 §1, 1982; Ord. 82-76 §1, 1982; Ord. 81-80 §1, 1981;Ord. 81-57§1, 1981;Ord. 81-46§1, 1981; Ord. 80-65 §§1, 3(part), 1980; Ord. 79-60 §1, 1979; Ord. 79-107 §1, 1979; Ord. 79-113 §1, 1979;Ord.79-114§1, 1979;Ord.79-39§1,1979; Ord.79-9§1, 1979;Ord.78-45§1, 1978;Ord.78- 68§1, 1979;Ord.78-39§1, 1979;Ord.78-38§1, 1977;Ord. 77-93 §1, 1977;Ord. 77-92§1, 1977; Ord. 77-78 §1, 1977;Ord. 77-77 §1, 1977;Ord. 77-73 §1, 1977:Ord. 77-61 §1, 1977;Ord.77-40 §1, 1977; Ord. 77-39 §1, 1977; Ord. 77-36 §2, 1977; Ord. 77-6 §1, 1977; Ord. 76-56 §1, 1976; Ord. 76-38 §1, 1976; Ord. 76-33 §1, 1976;Ord. 76-31 §1, 1976; Ord. 76-20 §1, 1976;Ord. 76-8 §1,1976;Ord.76-7§1, 1976;Ord.76-6§1, 1976; Ord. 75-47 §1, 1975;Ord. 75-38 §1, 1975;Ord. 75-34§1, 1975;Ord. 75-51 §1, 1975;Ord.74-44 §1, 1974;Ord. 71-32§1, 1971:Ord. 70-41 Ch.7 §14,1970). 10.28.135 Parking Prohibited Eight A.M. To Six P.M. No person shall park or leave standing a vehicle of any kind or character, whether motorized or not,between the hours of eight a.m. and six p.m. on any day of the week, including Saturday and Sunday,on the southerly one-half of the following portion of S.W. Johnson Street, in the City of Tigard,Oregon: That portion of the southerly one-half of S.W.Johnson Street lying westerly of and within four hundred feet of the northwesterly right-of- way line of S.W. Pacific Highway. (Ord. 75-19 §1,1975). 10-28-12 Code Update: 8/09 TIGARD MUNICIPAL CODE 10.28.136 Loading Zones--Authority To the business or businesses for the benefit of which Establish. they were established, for any purpose except the continuous loading or unloading of persons or 1. The City Council may establish loading materials. zones along any street for the purpose of permitting the loading and unloading of 3. At all times other than those times merchandise and persons. The action of the City designated in the ordinance establishing a Council establishing such loading zones must be particular loading zone, such zones shall be taken by ordinance. In establishing loading zones available for general use under the parking the City Council shall give consideration to the regulations applicable to the district in which they volume and nature of business within the area are located. under consideration, the traffic demands upon the street in question, the nature of the need of the 4. The City Council shall consider creation adjacent business or businesses and of the needs of loading zones upon application by any resident of other businesses within the immediate area,the or property owner, and if, after consideration of width and surface of the street, and any other the factors identified in subsection 10.28.136.1 relevant information. In establishing loading above, the City Council determines that a loading zones,the City Council may limit the applicability zone should be created, it shall create such of the loading zone restriction to certain hours of loading zone by ordinance, and direct that the the day or night. The characterization of the loading zone so established by marked by loading zone as an area of restricted parking shall appropriate signs. The City shall procure be indicated by the placement of signs which shall appropriate signs and cause them to be installed. indicate clearly the area affected, and which shall The applicant shall pay the City the cost of the state the hours of the day during which the necessary signs and poles and the cost of the labor "loading zone"restricted applies. necessary to install them,and installation shall not be made before such payment. (Ord. 76-10 §1, 2. Loading zones shall be reserved for use 1976). by commercial vehicle in loading and unloading persons and commodities during the hours 10.28.137 Loading Zones--Designated. designated on all days except Sundays and holidays. No person shall stop,stand or park any The following portions of public streets vehicle other than a commercial vehicle within the within the City of Tigard are designated as designated area between such hours, except that loading zones for the hours indicated: noncommercial vehicles may use such zones while actually engaged in the loading or I. Repealed by Ord.95-20; unloading of persons or commodities, but noncommercial vehicles shall upon demand give 2. Within the easterly half of S.W. 87th way to commercial vehicles whose drivers desire Avenue, beginning at a point thirty feet southerly to use the zone for loading or unloading purposes. of an easterly extension of the south boundary line Commercial vehicles using loading zones shall be of S.W. Center Street and, thence, running entitled to the use of a loading zone only during southerly sixty feet. The described zone is such time as may reasonably be necessary for the designated as a loading zone between the hours of loading and unloading of persons and materials nine a.m. to three p.m., Saturdays, Sundays and and for so long as such activity actually continues. holidays excluded; Loading zones shall not be used by employees of 10-28-13 Code Update: 8/09 TIGARD MUNICIPAL CODE 3. Repealed by Ord. 95-20. (Ord. 95-20; end of the term allowed by the permit as issued, Ord. 92-27 §1, 1992;Ord. 86-60 §1, 1986;Ord. the applicant shall be entitled to a refund in the 86-14§1, 1986;Ord. 81-90§1, 1981;Ord 76-10 amount of the charge that would have been made §2,1976). for the unused term of the permit. 10.28.138 Construction Zones And 4. Display of Permit. Before any person Temporary Loading Zones. shall use a parking space in such a way as to require the issuance of a construction zone or 1. Provision for Permits. Any person who temporary loading zone permit he shall obtain the finds it necessary to park a motor vehicle for construction permit or temporary loading zone actual construction or maintenance work or who permit, and at all such times as the vehicle or finds it necessary to block off a parking space or vehicles shall be parked in the place authorized by spaces along the curb in a zone in which parking such a permit, the permit shall be displayed in is controlled, shall be entitled to a construction such a way as to permit one observing the vehicle zone permit. Any person who finds it necessary from the outside to read it. If the vehicle is in connection with the conduct of a commercial equipped with a sunvisor above or beside the enterprise or in the construction of a building, to windshield on the driver's side,the permit shall be park a motor vehicle or to block off a parking displayed on the sunvisor, which shall be turned space or spaces along the curb for such work shall down so as to expose the permit toward the be entitled to a temporary loading zone permit. outside of the vehicle. Application for a construction zone permit or a temporary loading zone permit shall be made in 5. The purpose of this section is to permit writing to the Chief of Police upon a form to be use of the public streets for parking in provided by him showing such information as he circumstances in which parking would otherwise may request. The Chief of Police shall make such be prohibited or limited as to time pursuant to the investigation as he deems necessary and, if he is ordinances of the City of Tigard. (Ord. 78-75 §2, satisfied that the applicant has a reasonable need 1978). for the permit, the Chief of Police shall issue a construction zone permit or a temporary loading 10.28.140 Violation—Mode of charging zone permit. defendant. 2. Term of Permit. The term of a permit I. In all prosecutions for violation of city issued by the Chief of Police pursuant to motor vehicle parking laws, it shall be sufficient subsection 110.28.138.1 above shall be to charge the defendant by an unswom written established by the Chief of Police and entered notice if the same clearly states: upon the permit but in no event shall a permit be issued for a period to exceed one year. a. The date, place and nature of the charge; 3. Fees. The fee for a construction zone permit or a temporary loading zone permit shall b. The time and place for defendant's be twenty-four dollars for one year or two dollars appearance in Court; for each month or portion of a month for periods of less than one year. The fee shall be paid to the c. The name of the arresting officer; Chief of Police at the time of application. In the d. The license number of the vehicle. event the need for the permit terminates before the 10-28-14 Code Update: 8/09 TIGARD MUNICIPAL CODE 2. The notice provided for in subsection established in advance, pursuant to an agreement 10.28.140.1 of this section shall either be between the police department of the City of delivered to the defendant or placed in a Tigard and the towing and storage firm or firms conspicuous place upon the vehicle involved in called upon to conduct such business. No charges the violation. The notice shall serve as the in excess of those previously agreed upon shall be complaint in the case. In all other respects the levied against the owner or operator of a vehicle procedure now provided by law in such cases towed pursuant to subsection 10.28.160.1 of this shall be followed.(Ord.70-41 Ch.7§15,1970). section. 10.28.150 Violation—Penalty. 3. The towing service called upon to impound a vehicle and finding the owner or driver Any violation of the provisions of any thereof present shall release the vehicle upon the section of this chapter or any rule or regulation presentation of proper identification of the owner therein stated, shall, upon conviction, be or operator, and upon the owner or operator's punishable by a fine of not more than one hundred signing an authorized receipt in duplicate(except dollars for each violation.(Ord. 70-41 Ch. 7§30, where exclusive orders are given by the police 1970). department that the vehicle be impounded),and a service charge not to exceed one-half of the cost 10.28.160 Authority To Impound for the towing of the vehicle shall be made, that Improperly Parked Vehicles. charge to be paid by the owner or operator. The duplicate signed receipt shall be given to the 1. When any unattended vehicle is parked operator or owner of the vehicle, and the original upon any street,alley or public way of the City of signed copy shall be recorded by the towing Tigard in such a manner that it is unlawfully service in its ledger of releases. (Ord. 77-98 §1, parked in any prohibited or restricted area; or is 1977). unlawfully parked for a length of time prohibited by ordinance or resolution of this city; or is 10.28.170 Parking Prohibited In Specified parked in such a position that it constitutes an Places. obstruction to traffic or creates a danger to travel upon the street, alley or public way; or is found It is unlawful for the driver of a vehicle to abandoned in any street,alley or public way;or in stop or park the vehicle, whether attended or the event that an operator of a vehicle is arrested unattended, except when necessary to avoid and placed in custody and is not in condition to conflict with other traffic or in compliance with drive the vehicle to a place of safety and there is the directions of a police officer or traffic control no other person present who may properly act as signal,in any of the following places: agent for such operator to drive the vehicle to a place of safety, such vehicle is declared to be a 1. Within an intersection; public nuisance and subject to summary abatement,removal and impounding. 2. On a crosswalk; 2. Both the owner and the operator of a 3. Within fifty feet of any uncontrolled vehicle impounded pursuant to subsection intersection or any intersection controlled with 10.28.160.1 of this section shall be legally side-mounted stop signs, side-mounted yield responsible for payment of the costs of towing and signs,or side-mounted signals,except: storage. The towing and storage charges shall be 10-28-15 Code Update: 8/09 TIGARD MUNICIPAL CODE a. One one-way streets leaving an 4. Any other vehicle not identified in intersection; subsection 3. above, within twenty-five feet from the intersection of curb lines, or if none, then b. On streets otherwise signed if: within fifteen feet of the intersection of property lines at an intersection within a business or (1) The vehicle is over six feet in residence district; height,or 5. Within fifteen feet of the driveway (2) The vehicle is less than six entrance to any fire station; feet in height but by manufacture or modification, obscures the vision of: 6. Within ten feet of a fire hydrant, save and except taxicabs occupying properly signed (a) Any official side- taxi zones; mounted traffic control sign or signal, 7. In front of a private driveway; (b) Intersection traffic,or 8. On a sidewalk or parking strip; (c) Any pedestrian in a crosswalk; 9. On the roadway side of any vehicle stopped or parked at the edge of a street or (3) Vehicles described in highway; 10.28.170.3.b above include, but are not limited to,the following: 10. At any place where official signs, curb paint, or markings have been installed prohibiting (a) Vehicles with darkened, standing, stopping or parking; provided, however, shaded or curtained windows, driver-attended private passenger motor vehicles, taxicabs or other public conveyances may stop for (b) Vehicles modified to not more than thirty seconds in such a tow-away eliminate side window(s)and/or rear windows, zone for the purposes of loading and unloading passengers; (c) Vehicles with visibility through windows blocked by parcels,packages or 11. In front of the entrance of any post freight, office or other place where mail is received; or within ten feet of a mailbox during the hours of (d) Pickup vehicles of less eight a.m. to four-thirty p.m. in any residential than six feet in height but mounted with a canopy area; or camper with limited visibility through it, 12. In any street, alley or lane, so as to (e) Panel trucks(except those prevent the free passage of other vehicles in both with windows on both sides of the rear portion of directions at the same time (except on one-way the truck,and also on the back of the truck); streets), or so as to prevent any vehicle from turning from one street into another; (4) An uncontrolled intersection is one where there are no traffic-regulating signs or 13. In any street, alley or lane, in lieu of signals. offstreet parking, for a period longer than forty- 10-28-16 Code Update: 8/09 TIGARD MUNICIPAL CODE eight hours; which the parking by nonresidents will be prohibited. Residents within the parking zones 14. In any emergency zone; may obtain a permit from the City Manager pursuant to subsection 10.28.175.2 of this section 15. In any loading zone, except as to a to allow for the parking of vehicles within the commercial vehicle when actually engaged in zone during the restricted hours. loading or unloading goods, wares, merchandise or materials, for a period not exceeding twenty 2. The City Manager shall establish minutes; and as taxicabs when loading or procedures and standards for the issuance of unloading passengers or merchandise,for a period permanent and temporary permits to residents that of time not exceeding two minutes; will allow the residents and their guests to park their vehicles within residential parking zones 16. In a bus loading zone, except a motor during the restricted hours. At a minimum, the bus or taxicab actually engaged in loading or City Manager shall establish rules which establish unloading passengers or merchandise for a period the criteria for issuance, surrender and revocation not exceeding two minutes; of permits, evidence of proof of residence and vehicle ownership, terms of the permit, standards 17. In any construction zone,except by such for display of the permit, and allow for the vehicles as are actually necessary to the issuance of temporary permits to residents for the construction work being carried on; parking of nonresident vehicles for temporary periods upon a showing of reasonable need for 18. On City-owned or City-operated such permits. property designated for use for motor vehicle parking by authorized City personnel only, 3. The City Manager shall cause to be without the consent of the City,if there is in plain installed and maintained, pursuant to TMC view on such property a sign prohibiting public 10.32.020, official signs for residential parking parking or restricting parking; zones which clearly identify the parking restrictions for nonresidents and the exception to 19. Within any city park or part thereof, those restrictions for permit holders within the during the time the park,or the relevant part of it, residential parking zones. is closed to the public.(Ord.87-70§1, 1987;Ord. 78-76, 1978). 4. It shall be unlawful for any person to: 10.28.175 Residential Parking Zones. a. Provide false information in connection with an application for a permanent or 1. The City Council, pursuant to TMC temporary permit; Section 10.32.010 may establish residential parking zones. The purpose of residential parking b. Fail to surrender a permit, when zones is to prohibit parking by nonresidents requested to do so, when the person is no longer during specific time periods within specific entitled to the permit; geographic areas used predominantly for residential purposes. The City Council resolution c. Use a permit when the permit which establishes the residential parking zone holder is no longer entitled to the permit; shall clearly define the geographic limits of the area affected by the zone and the hours during d. Use,or allow the use of a permit in 10-28-17 Code Update: 8/09 TIGARD MUNICIPAL CODE conjunction with a vehicle other than the vehicle use of walking as a means of transportation for which the permit was issued; impossible or impractical;or e. Use, or allow the use of a f. Cardiovascular disability that temporary permit in a manner inconsistent with makes use of walking as a means of transportation the terms and limitations of the permit. impossible or impractical. 5. The City Manager is authorized to 3. "Government building" and "public revoke any permit when the permit holder is building" have the meanings given those terms in found to be in violation of the provisions of this ORS 447.210. section, and, upon written notification thereof, the permit holder shall surrender the permit to the 4. "Marked motor vehicle" means a motor City Manager. Failure to do so shall constitute a vehicle conspicuously displaying the decal, violation of this section. (Ord. 03-08,Ord. 91-26 insignia or plates issued under the provisions of §1, 1991). ORS 487.925.(Ord.80-58§I, 1980). 10.28.180 Definitions For Sections 10.28.190 Application Of Parking 10.28.190 Through 10.28.210. Regulations To Disabled Persons. As used in Sections 10.28.190 through 10.28.210 unless the context requires otherwise: A disabled person may: 1. "Disabled parking space" means a I. Park a marked motor vehicle in any parking space that is on private or public property public parking zone restricted as to the length of and is marked or signed to provide parking for time parking is permitted therein without disabled persons. incurring the penalties imposed for overtime parking in such zones;and 2. "Disabled person" means a person who permanently suffers from any of the following 2. Park a marked motor vehicle in any disabilities: public parking zone with metered parking without being required to pay any parking meter fee. a. Loss or loss of function of one or both legs or significant limitation in the use of the 3. The provisions of subsection 1 of this legs; section do not apply: b. Inability to be mobile without the a. To parking in zones where use of a wheelchair or other assistance device; stopping,parking or standing of all motor vehicles is prohibited; c. Loss or loss of function of both hands; b. To late evening or overnight parking where such parking is prohibited; d. Loss of vision or substantial loss of visual acuity or visual field beyond correction; c. To parking in zones reserved for special types of motor vehicles or activities;or e. Respiratory disability that makes 10-28-18 Code Update: 8/09 TIGARD MUNICIPAL CODE d. To parking in zones where parking is permitted only for thirty minutes or less. 4. A person who is not disabled as defined in Section 10.28.180, and who exercises the privileges granted a disabled person under this section, commits a parking violation as provided in Section 10.28.150.(Ord.80-58§2,1980). 10.28.200 Parking In Space Reserved For Disabled Persons Prohibited— Exceptions. 1. Except as provided in subsection 10.28.200.2 of this section,no person shall park a vehicle that is not a marked motor vehicle in a disabled parking space. 2. Subsection 10.28.200.1 of this section does not apply: a. To a vehicle that is momentarily in a disabled parking space for purposes of allowing a disabled person to enter or leave the vehicle. b. To any disabled parking space that is subject to different provisions or requirements under City ordinance if the different provisions or requirements are clearly posted. 3. Violation of subsection 1 of this section is a parking violation as prohibited in Section 10.28.150.(Ord.80-58§3,1980). 10.28.210 Removal And Impoundment Of Vehicle Unlawfully Parked In Space Reserved For Disabled Persons. A vehicle parked on private property in violation of Section 10.28.200 is subject to the provisions of Section 10.28.160. (Ord. 80-58 §4, 1980).• 10-28-19 Code Update: 8/09 AGENDA ITEM No. 7 April 8, 2014 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO TIGARD MUNICIPAL CODE 10.28.130 PROHIBITING PARKING ON ONE SIDE OF SW 116TH PLACE NORTH OF SW BEEF BEND ROAD Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 7 April 8, 2014 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. N e,Address&Phone No. ti ,. q '(\-) , \ Name,Address&Phone No. Name,Address&Ph e No.. Name,Address&Phone No. cry j Name,Address&Phone No. . Name,Address&Phone No. Name,Address&Phone No. .\(..\ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. • 1 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1718 8. Business Meeting Meeting Date: 04/08/2014 Length (in minutes): 10 Minutes Agenda Title: Consider a Motion Authorizing the City Manager to Complete the Acquisition of the Milton Court Property for the Bonita Road Pump Station Prepared For: Dennis Koellermeier Submitted By: Greer Gaston, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Council pass a motion authorizing the city manager to complete the acquisition of the Milton Court property including the issuance of an additional$135,000 and payment of the property owner's attorney fees not to exceed$115,000? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the council passes the motion. KEY FACTS AND INFORMATION SUMMARY Background Since 2008 the cities of Tigard and Lake Oswego have been working together to develop a new water system that will meet both communities' future water needs. The new water system necessitates the construction of several capital improvement projects,including a pump station.The pump station will move water,via Tigard's distribution system,to customers and to several storage facilities.A vacant, 1.8-acre parcel located on Milton Court was identified as the future site of the pump station.A site map is attached. •The council adopted a resolution of necessity on December 20,2011,which initiated the acquisition of the Milton Court property. •Negotiations with the property owner were unsuccessful. •The council authorized condemnation of the property July 10,2012. As a part of the condemnation process,$300,000 deposited with the Washington County court,pending the condemnation trial. That deposit was based on the property value as determined by the city's appraiser and was subject to a delineation of wetlands on the property.The property owner then conducted his own appraisal and wetland delineation which suggested a smaller wetland area,and thus a higher price for the parcel. •The council was briefed on the property acquisition status again on January 28,2014,at which time the city attorney's office recommended a negotiated settlement in lieu of a court trial. The council authorized continued negotiations up to$550,000. New Information A negotiated settlement has been reached at$435,000 plus attorney fees;the condemnation trial has been avoided. In order to fulfill the terms of the settlement,the council needs to give the city manager the authority to: •Issue the additional$135,000,which—when combined with the $300,000 already deposited with the court—equals the$435,000 property purchase price. •Pay the property owner's attorney fees.*Payment will not exceed$115,000 without further council consideration.This keeps the total settlement amount to$550,000,which is the amount the council authorized on January 28,2014. •Complete the acquisition of the Milton Court property. *The city is awaiting attorney fee information from the property owner's legal counsel. OTHER ALTERNATIVES The council could choose to: •Abandon the settlement and move to a jury trial. •Abandon the Milton Court location and pursue an alternative site for the pump station.That decision would most certainly delay the introduction of our new water source at least one year,and trigger negotiations with Portland to extend wholesale water service to Tigard for another year. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS Tigard City Council-Proposed Goals and Milestones,September 2013 -December 2014 Lake Oswego-Tigard Water Partnership •Monitor progress of construction and budget;LOTWP projects operational DATES OF PREVIOUS CONSIDERATION The City Council received briefings and/or took previous action on this matter on October 25,2011, December 20,2011,July 10,2012,and January 28,2014. Fiscal Impact Cost: Est. $550,000 * Budgeted (yes or no): Yes Where Budgeted (department/program):Water CIP Additional Fiscal Notes: The Capital Improvement Plan includes approximately$68 million in fiscal year 2013-2014 for the Lake Oswego-Tigard Water Partnership.This dollar amount will be sufficient to: •Purchase the property for$435,000. •Pay the property owner's attorney fees.*Payment will not exceed$115,000 without further council consideration.This keeps the total settlement amount to$550,000,which is the amount the council authorized on January 28,2014. •Fund Tigard's share of other water partnership projects in the current fiscal year. * The city is awaiting attorney fee information from the property owner's legal counsel. Attachments J Bonita Road Pump Station Site Map AgendaQuick©2005-2014 Destiny Software Inc.,All Rights Reserved �a;\ ' ,a le! t7 *,- w } y' ,'-yam - 1 f ➢{ `C . . — : 7 , , u I '\ • y Y • PROPOSED BONITA ROAD ",.. • i• ; f• ..-' PUMP STATION LOCATION inn' . ,,., i !� :,, 't:' . 3,, _. ' i : } . atl/ . •, t. ti .... ,id , i } ,' i 't '. ,.t'A°` S6 4 i i J/ • 1, : A • .: '* FOUGHT & COMPANY ' ), ' �/ ' . �. *.• ( r . #+1 > it $ ; MILTON CT PROPERTY .�,. Lle .' >aE ° `ti� ♦,` .. ?i_ ,ti 1.82 ACRES - TIGARD WETLAND a.' TUALATIN BRANCH '• • INVENTORY AND BUFFER SHOWN .. WASHINGTON COUNTY . r ,- 1 24-INCH 470-FT '� a• �� ! SUPPLY LINE - it y 3 n 1 d ' , ZONE TRANSMISSION ' -` s - F IT q� PIPE t ,, • t 1 - - - - .,,. 3 '� +tee t )• . I �, _ t m.r 18-INCH %s 410-FT t. !Ij0 f t`� „ SUON �; St av I&'' y.. '`.v ; r, I, - i , EXISTING■it .24, I..s,{,e, ' iii ill BONITA PUMP x. .: . ' ��* + ` �� STATION I /,'' 4 "'p 4 as,' 0.i - ..• M 11 MI'4 ... ♦ + tom►,,i , '' .i.. I"' "iP . • •K ' i ,_ F L• '" . -a 1@" HOME DEPOT - �t.• INowtiuNO DIVISION BONITA PUMP STATION FIGURE �� 4 s SITE SELECTION ' lwi... Partnership 1 .W FALL v 97t7J VOICE 503-639-4171 fA*C 503-624-0752 FLE NO TIGARD MN'N:71GN v-oR COV AIS-1731 9. Business Meeting Meeting Date: 04/08/2014 Length (in minutes): 10 Minutes Agenda Title: Authorize the City Manager to Enter into Lease Agreement for ODOT/Rail Property Prepared For: Marty Wine Submitted By: Marty Wine, City Management Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: v �J Information ISSUE Should the Council authorize the City Manager to enter into a lease with the Oregon Department of Transportation (ODOT) and Portland &Western Railroad (PNWR) allowing the city to use the rail line fronting on Main St. along Tigard St. for public space and trail purposes? STAFF RECOMMENDATION / ACTION REQUEST Authorize the City Manager to sign the lease. KEY FACTS AND INFORMATION SUMMARY Since 2006, the City has been interested in developing an area on Main Street and along the length of Tigard Street into a public amenity that the community can use and enjoy. The City has envisioned a future where a variety of transportation and recreational opportunities are available through a diverse system of parks, trails and open space. Providing residents with alternative transportation access to jobs, housing and shopping has been a priority. The City has worked with ODOT and PNWR to explore the idea of using a property officially known as the Tiedeman/Main Loop Corridor (that extends about one mile from railroad milepost 32.39 to 32.13). The rail loop has been inactive for at least five years and the rails and ties have been removed. The land is owned by ODOT, and PNWR holds an exclusive freight easement within the corridor. Both parties wish to retain the rail line as "active." Among the use options that have been explored include purchase, federal abandonment process, rail-to-trail conversion, and lease. The parties were able to come to terms for the city's use of the property under the following terms: 99-year, zero-consideration lease,with the city's sole use and access to public space and trail in accordance with a specific plan. The railroad would give 6 months of notice if at any time it will change or construct changes to the line, and the city would be required to remove any of its improvements. The City is responsible for all installation, maintenance, licensing, signage, and insurance for its improvements, and must coordinate with ODOT and PNWR for any improvement not outlined in the plan. The lease also obligates the city to coordinate with the parties to maintain safety and not allow any obstruction of a "no-build" area (within 25 feet laterally of the center line or within 24 feet vertically from the top of the rail or any track). OTHER ALTERNATIVES Do not enter into the lease agreement or negotiate alternative terms. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS One of the Council's Downtown goals for 2014: Continue Tigard Street Trail negotiation, design and development. DATES OF PREVIOUS CONSIDERATION The City Council approved a resolution authorizing the filing of an official request for abandonment of the rail line to the federal Surface Transportation Board on June 9, 2009. Fiscal Impact Cost: $100,000 Budgeted (yes or no): Yes Where Budgeted (department/program):2014 Parks CIP Additional Fiscal Notes: The total cost of improvements is greater than the $100,000 budgeted in the 2014 CIP. The City has applied for a State ConnectOregon V grant in the bicycle/pedestrian category citing a total project cost of$1.5 million for trail development and construction (this includes a required match of approximately $330,000). The city will know by late May, 2014 about its application status. Attachments Tigard St Trail Draft Lease LEASE NO. 3E-PM/LO-00666/31.40 OREGON DEPARTMENT OF TRANSPORTATION RAIL DIVISION LEASE THIS LEASE, made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, Rail Division, hereinafter called "ODOT-Rail," and the City of Tigard, a municipality organized pursuant to Oregon law hereinafter called "Lessee;" and Portland & Western Railroad, Inc., a New York corporation, hereinafter called "Railroad." That ODOT-Rail, for and in consideration of the covenants and conditions of Lessee contained in this Lease, does Lease unto Lessee, and Lessee does Lease from ODOT-Rail, on the property of ODOT-Rail located at or near 12345 Main Street, in the City of Tigard, Washington County, Oregon (hereinafter referred to as the "Premises"), in the approximate location illustrated on the drawing attached as "Exhibit A." 1. DEFINITIONS The term "ODOT-Rail," as used in this Lease, shall include the successors and assigns of ODOT-Rail. The term "Railroad," as used in this Lease, shall apply to the Portland & Western Railroad, Inc., and its successors and assigns. 2. USE AND OCCUPANCY 2.1 Lessee shall use and occupy said Premises for the sole and exclusive purpose of constructing, operating and maintaining a public access bicycle, pedestrian trail and associated improvements substantially in accordance with the schematic plan and narrative (together, the "Trail Plan") attached to this Lease as "Exhibit B". Lessee shall respond to ODOT-Rail's and Railroad's reasonable inquiries regarding the use or condition of the Premises, and ODOT-Rail or the Railroad may enter the Premises at reasonable times to check on same. This Lease is subject to an exclusive easement upon the Rail Line Corridor, as more particularly described in that certain Rail Service Easement dated November 25, 1997 between Burlington Northern and Santa Fe Railway Company and the Portland & Western Railroad, Inc., and on file with ODOT-Rail (the "Easement"). Railroad's Easement upon the Rail Line Corridor is prior to and superior to Lessee's interest in the Premises, and includes the rail facilities, tracks, bridges, culverts, road crossings and signal systems. By executing this Lease, Railroad consents to Lessee's use of the Premises subject to all terms and conditions hereof. Lessee's use of the Premises shall not materially interfere with the rights of the Railroad to operate or develop rail service on the Premises, and Lessee shall not interfere with the reconstruction, maintenance, repair, or use of any Railroad facility, drainage ditch, or related facilities which may be located upon, over, or beneath the Premises, including the free flow of water therethrough. 2.2 If Railroad shall at any time or from time to time find it necessary to make any changes in its grade, alignment, tracks or other property, or to construct any buildings or other structures upon the Rail Line Corridor. Lessee shall, upon no less than 180 days' notice by Railroad, and at Lessee's sole cost and expense, make such changes in the location or installation of Lessee's improvements upon the Premises, which may include the complete removal of Lessee's improvements, as may be necessary per Railroad's determination, to conform to the changes or new construction made or to be made by Railroad. 3. HAZARDOUS WASTE Lessee shall not cause, permit or suffer any "hazardous waste," as defined in ORS 466.005, to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated or used upon, about or underneath the Premises or any portion thereof by Lessee, its agents, employees, contractors, or invitees, or any other person. However, Lessee shall have the right to use such materials to the extent necessary for Lessee's operations so long as Lessee provides Railroad with prior written notice of its intended use of any such hazardous materials. Lessee's use of any such hazardous materials shall comply with all federal, state and local laws and regulations then in effect and will further comply with any special requirements as may be reasonably requested by Railroad. 4. NEW IMPROVEMENTS All improvements performed by Lessee within the Premises shall be done at the sole expense of Lessee. The general contour of the Premises shall not be changed except as indicated in the Trail Plan. No excavation work, or any new, permanent-type improvements or facilities of any nature, other than those indicated in the approved Trail Plan, shall be installed or constructed thereon without prior written consent of ODOT-Rail and Railroad. Notwithstanding the improvements shown in the approved Trail Plan, Lessee shall not construct any improvements within 25 feet laterally of the center line or within 24 feet vertically from the top of the rail or any track, or such greater clearances as may be required by ODOT- Rail or Federal Railroad Administration requirements (the "No-Build Area"), unless such improvement is approved in writing by Railroad and ODOT-Rail. Lessee shall fully pay for all materials joined or affixed to the Premises, shall pay in full all persons who perform labor thereon, and shall not permit or suffer any mechanics, liens or materialmen's liens of any kind or nature to be enforced against the Premises for any work done or materials furnished thereon at Lessee's request. 5. TERM OF LEASE This Lease shall be for the term of ninety-nine (99) years from the last date of signature ("Term"). Upon termination, Lessee remains responsible for taxes and other fees as described below. 6. LEASE RATE Effective annually on July 1 of each year, the rental fee shall be $0.00 per annum hereafter until Lease expiration, or a prorated sum thereof in the event of termination without default, payable in advance. Such rate has been agreed upon based on Lessee's agreement to maintain the Premises throughout the Term. 7. FEES, TAXES AND ASSESSMENTS Lessee will obtain all necessary permits and pay all license fees required for Lessee's use of the Premises and Lessee also agrees to pay, before they become delinquent all taxes, assessments, penalties, liens or fines which may be levied or assessed upon or against the Premises to the extent that they become applicable to improvements constructed by Lessee, or by reason of the existence thereof, or by any reason of Lessee's operations. 8. SUBSURFACE INSTALLATIONS Absence of markers does not constitute a warranty by ODOT-Rail of no subsurface installations. Lessee shall be liable for any damage caused to subsurface installations. 9. PROPERTY MAINTENANCE Lessee, at Lessee's own expense, and by coordinating with Railroad for the safety of Lessee, shall remove and keep removed, any vegetation on the Premises which may interfere with the view of trains approaching in either direction. Except as shown in the Trail Plan and on any other site approval granted by ODOT-Rail and Railroad in accordance with the terms of Section 4 above, Lessee shall not place, or permit to be placed, any material, structure, pole, vegetation or temporary obstruction within the No-Build Area. Should the right-of-way be now or hereafter fenced at the location described, Lessee shall, at his own cost and expense, construct, maintain and keep repaired the required fencing. 10. ADVERTISING SIGNS Unless Lessee obtains ODOT-Rail's prior written consent, no advertising signs, displays or devices may be erected on Premises except for markings or signs that Lessee is required to install in order to comply with legal requirements. 11. LIABILITY Except as limited by the Oregon Constitution and the Oregon Tort Claims Act, Lessee shall fully release, indemnify and hold harmless and defend ODOT-Rail, its Commissioners, and Railroad, its affiliates, and each of their respective officers, agents, employees and contractors from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever, arising out of, or relating to the intentional misconduct, reckless, or negligent acts or omissions of Lessee, or its officers or employees under this Lease. 12. INSURANCE Lessee shall obtain at its sole expense the insurance specified below prior to performing under this Lease and shall maintain it in full force and at its own expense throughout the duration of this Lease. Lessee shall obtain the following insurance (i) from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in State or (ii) may insure through an insurance pool such as City County Insurance Services, either of which shall be reasonably acceptable to and approved by ODOT-Rail. Furnishing of Insurance by Lessee as provided herein shall neither limit nor expand the Lessee's liability under this Lease, but shall be additional security therefore. a. WORKERS' COMPENSATION. All employers, including Lessee, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Lessee shall require and ensure that each of its contractors complies with these requirements. b. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance covering bodily injury, death and property damage in a form and with coverages that are satisfactory to the State. This insurance shall include personal injury liability, products and completed operations. Coverage shall be written on an occurrence basis. Lessee shall provide proof of insurance of not less than the following amounts as determined by ODOT-Rail: Bodily Injury/Death and Property Damage: $2,000,000 per occurrence limit for any single claimant $6,000,000 per occurrence limit for multiple claimants Such policy shall be endorsed to provide a Waiver of Subrogation in favor of the Railroad. c. AUTOMOBILE LIABILITY INSURANCE: AUTOMOBILE LIABILITY. Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance(with separate limits for"Commercial General Liability"and "Automobile Liability"). Lessee shall provide proof of insurance of not less than the following amounts as determined by ODOT-Rail: Bodily Injury/Death and Property Damage: $2,000,000 per occurrence limit for any single claimant $6,000,000 per occurrence limit for multiple claimants Such policy shall be endorsed to provide a Waiver of Subrogation in favor of the Railroad. d. EXCESS/UMBRELLA INSURANCE. A combination of primary and excess/umbrella insurance is acceptable. If you are using excess/umbrella insurance to meet the minimum insurance requirement, your certificate must include a list of the policies that fall under the excess/umbrella insurance. Sample wording is"The Excess/Umbrella policy is excess over General Liability, Auto Liability, etc." e. ADDITIONAL INSURED. The Commercial General Liability insurance and Automobile Liability insurance required under this Agreement shall include the State of Oregon, Portland & Western Railroad, Inc., and their divisions, officers, employees and agents as Additional Insureds but only with respect to Lessee's activities to be performed under this Agreement. Coverage shall be primary and non- contributory with any other insurance and self-insurance. f. CERTIFICATE(S)OF INSURANCE. Lessee shall provide to ODOT-Rail and Railroad Certificate(s) of Insurance for all required insurance before entering the Premises. The Certificate(s) must specify the State of Oregon, ODOT-Rail and the Railroad as Additional Insured as required in paragraph f above. Lessee shall pay for all deductibles, self-insured retention and self-insurance, if any. The Lessee shall immediately notify ODOT-Rail of any change in insurance coverage. g. INSURANCE LIMITS. ODOT-Rail and Lessee agree that the insurance limits set out above will automatically change, without need for amendment to this Lease, to the extent the insurance limits provided in ORS 30.271 and 30.273, as adjusted by the State Court Administrator pursuant to ORS 30.271(4) and 30.273(3), exceed the insurance limits in Section 12 of this Lease as of the effective date, after giving Lessee sixty (60) days' notice to submit proof of revised insurance coverage to ODOT-Rail. 13. REMOVAL OF IMPROVEMENTS Upon the expiration or termination of this Lease, unless ODOT-Rail and Lessee mutually agree to an abandonment in place, Lessee shall remove all improvements (other than those owned by ODOT-Rail) from and off the Leased Premises and restore the same to condition satisfactory to ODOT-Rail; failing in which, ODOT-Rail may perform such work at Lessee's expense. Until such improvements are removed and Premises restored, this Lease, including the payment of rental, shall, at ODOT-Rail's option, remain in full force and effect. However, if the parties mutually agree that Lessee's improvements are to be abandoned in place, legal responsibility for the abandoned facility shall be clearly defined and agreed to in writing. Consequent to abandonment, this Lease shall cease to be effective upon expiration or termination of this Lease. 14. ASSIGNMENT Lessee shall not assign any of its rights or obligations under this Agreement without first obtaining the written consent of ODOT-Rail. ODOT-Rail's consent to any assignment shall be within ODOT-Rail's sole discretion and shall not relieve Lessee of its duties or obligations under this Agreement. This Agreement is binding upon and shall inure to the benefit of each of the parties, and, except as otherwise provided, their permitted legal successors and assigns. Lessee shall not enter into any sub-lease of the Property. 15. DEFAULT It shall be an event of default for Lessee to fail to pay any charge within 15 days after it is due; or for Lessee to fail to comply with any other term or condition of the Lease within thirty (30) days after written notice by ODOT-Rail specifying the nature of the default. If the nature of the default is such that more than 30 days is required to affect a cure, Lessee shall not be deemed in default if it has commenced to cure the default within the 30-day period and diligently prosecutes the cure to completion. 16. REMEDIES FOR DEFAULT 16.1. In the event of a default the Lease may be terminated. In the event of termination, regardless of how effected, Lessee shall, by the date of said termination, peaceably and quietly leave, vacate and surrender the Premises in a good, clean and sightly condition. If Premises are not voluntarily surrendered, ODOT-Rail may, without notice, re-enter and take possession of Premises and may, with the use of reasonable force, and with or without legal process, evict and dispossess Lessee from Premises. 16.2. In the event of termination or retaking of possession following default, ODOT-Rail shall be entitled to recover immediately without waiting until the due date of any future rent or until the date fixed for expiration of the Lease term, the following amounts as damages: (1) the loss of rental from the date of default until the termination date of the Lease; and, (2) the reasonable costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Lessee's property, or any other expense occasioned by Lessee's default including but not limited to, any repair costs, attorney fees and court costs. Any obligation of ODOT-Rail to pay attorney fees arising under this Lease, or by operation of law, is subject to and within the limitations of Article XI, Section 7 of the Oregon Constitution, and the Oregon Tort Claims Act (ORS 30.260—30.300). 17. TERMINATION Either Party may terminate this Lease at-will upon first providing the other Party not less than 180 days prior written notice of such intent to terminate. 18. AVAILABLE FUNDING/CONTINUING AUTHORITY The State of Oregon's obligations under this Lease are conditioned upon ODOT-Rail receiving funding, appropriations, limitations, allotments, other expenditure authority, and continued programmatic authority sufficient to allow ODOT-Rail, in the exercise of its reasonable administrative discretion, to meet its obligations under this Lease. Nothing in this Agreement is to be construed as permitting any violation of Article Xl, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon. 19. NOTICES 19.1. The State (for notice is): The Lessee (for notice is): Rail Division Administrator City Manager ODOT Rail Division City of Tigard 555 13'h Street NE Ste 3 13125 SW Hall Blvd. Salem, OR 97301-4179 Tigard, OR 97223 The Railroad (for notice is): Portland & Western Railroad, Inc. 200 Hawthorne Ave SE#C-320 Salem, OR 97301 19.2. Any notice required or permitted to be given under this Lease shall be delivered to the address shown above by registered or certified mail (postage prepaid) or by overnight courier. Either party has the right to change the above address, or to add additional addressees, by delivery of written notice to the other party. 19.3. Any notice delivered by one party to the other is effective, and deemed to be delivered, upon receipt by the addressee. 20. COMPLETE AGREEMENT This contract constitutes the entire contract between the parties. No waiver, consent, modification or change, or terms of this contract 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 contract. Lessee, by the signature below, hereby acknowledges reading this contract, understanding it, and agreeing to be bound by its terms and conditions. 21. COUNTERPARTS This Agreement may be executed in several counterparts, by facsimile, or otherwise, all of which when taken together shall constitute one agreement binding on the parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 22. APPROVALS State of Oregon, by and through its DEPARTMENT OF TRANSPORTATION CITY OF TIGARD By By Rick Crager, State Right of Way Manager Martha Wine, City Manager Date Date By: H.A. (Hal) Gard, Rail Division Administrator Date PORTLAND & WESTERN RAILROAD, INC. a New York corporation By: Joel N. Haka, President Date r. } • \1 V. "p . ,a t 2 SwT/ DS�F� ., 1 I e i -,. :,,. SW KATHERINE STREET S*11 / ��- 9S�Ffr A(S�FE'7 .Z F \"s -7 4.'pP { \ \ WALKER �� City of Tigard -TIGARD STREET TRAIL Proposed Plan EnwKA 1 GI Exhibit B 1111 1111 T [ G A R D Tigard Street Trail & Public Space DATE: November 7, 2013 What improvements are proposed? A preliminary trail alignment will be prepared to explore site opportunities and address the alignment considerations from ODOT Rail. Completion of this trail segment will include the multi-use pathway, a public space near the Chamber of Commerce building on Main Street, and other trail user amenities such as benches, trees, landscaping, lighting, and signage. Improvements proposed include the following: ❖ TRAIL Amenities: • 12-foot wide hard surface, multi-modal path from Main Street to Tiedeman Avenue • 6-foot high fencing along trail for safety (minimum 25 feet from rail tracks) • Railroad history and interpretive signage • Plantings •••• Public Space Amenities: • Modular in concept consisting of hard surface, benches, lighting, and planters • Temporary art work • More decorative fencing around the public space • Expanded parking area adjacent to Chamber of Commerce building Why are we doing this project? The City is in cooperation with Tri-Met to promote pedestrian movements between residential areas and transit facilities, including the Tigard bus transit center and the WES commuter rail station. This also provides a connection to Fanno Creek Trail, a regional trail that connects Portland, Beaverton, Tigard, and Tualatin. The eastern terminus of this project would be at Main Street, adjacent to the Chamber of Commerce building. Pedestrians and bicyclists would be directed from the path onto the sidewalk (away from the rail tracks) and to the street crossing at Main and Tigard Streets (to be upgraded with the Main Street Green Street project). The alignment would also make use of existing sidewalks and a bicycle/pedestrian bridge on Tigard Street to connect to the Fanno Creek Trail; and at the eastern terminus, a connection to the Summer Creek Trail that is under design. The Tigard Street Trail will allow a safe, wide, multi-modal, off street path adjacent to a section of Tigard Street that has few sidewalks or pedestrian amenities. PLANTED ENTRANC. ADD VERGREEN LAWN TREES • ART S HIGR CHAIN LINK '371110J - BEGIN 6'HIGH 4•. ORNAMENTAI FENCE END ' #•� ,04,. I OAK GROVE BENCHES�, INTF RPRE I AYE SIGNS t \� 4.= BIKE- ENTRANCE , ADDITIONAL PEDESTRIAN TRAIL PARKIK NATURALIZE 7 r HIGH PLANTING �\ ORNAMENTAL AREA k(I'.L FEAMBER FENCE RCE• RAVED AREA: ` \ ME 70'«70' - - •D ire - NEW CHAIN LINK FENCE ENO EKISTING CHAIN LINK FENCE • m V APA /� PATH �- -- PLANTING • Imo. EXERCISE \ - y STATIONS r∎ ODACTIVITY TRAIL • W 11Wwe Z•boulQW • PLAZA WALKER' ADDITIONAL PARKING City of Tigard-TIGARD STREET TRAIL -�— Exhibit B AI S-1730 10. Business Meeting Meeting Date: 04/08/2014 Length (in minutes): 10 Minutes Agenda Title: Authorize the Executive Director of the CCDA to Negotiate Voluntary Property Aquisitions Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: City Center Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Center Development Agency consider a resolution: Authorizing the Executive Director of the CCDA to Negotiate Voluntary Property Acquisitions? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Board of the CCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY The City Center Urban Renewal Plan authorizes property acquisition and disposition from willing sellers within the urban renewal district. Such acquisitions frequently require extensive negotiations involving relatively complex or technical terms and conditions of purchase and sale. At the same time, flexibility and timeliness often are essential to successful negotiation. This resolution would authorize the Executive Director of the City Center Development Agency to negotiate and execute such documents as may be necessary to acquire real property, while reserving the decision to purchase a property to the Board of the CCDA. If the Board of the CCDA authorizes the resolution, the Board will be kept fully informed regarding such negotiations and that the ultimate decision on whether to purchase the property be made after due consideration by the Board of the CCDA in a public meeting. OTHER ALTERNATIVES The CCDA Board could choose not to adopt the resolution. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Council 2014 Goal Downtown: Finalize downtown redevelopment opportunities issues can be addressed) PP ortunities �if ) City Center Urban Renewal Plan DATES OF PREVIOUS CONSIDERATION The CCDA Board has discussed property purchases, in executive session on a number of occasions including: April 1, 2014 January 7, 2014 December 3, 2013 November 5, 2013 September 3, 2013 August 20, 2013 Attachments CCDA Resolution