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City Council Packet - 07/08/2014 City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: July 8,2014- 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order of e 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 (IUD -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 6:30 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. Ps City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: July 8,2014- 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 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 Area Chamber of Commerce C. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 6:35 pm estimated time A. APPROVE CITY COUNCIL MINUTES: •May 13,2014 City Council Meeting Minutes •May 20,2014 City Council Meeting Minutes *June 17,2014 City Council Meeting Minutes B. CONSIDER APPROVING WORKERS'COMPENSATION INSURANCE FOR CITY VOLUNTEERS •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agenry has voted on those items which do not need discussion. 4. DISCUSSION ON INFRASTRUCTURE SYSTEM FINANCING FOR RIVER TERRACE AND CITYWIDE 6:40 p.m. estimated time 5. APPOINT NEW MEMBERS AND ALTERNATES TO THE PARK AND RECREATION ADVISORY BOARD 7:25 p.m. estimated time 6. CONSIDER A RESOLUTION DESIGNATING A VERTICAL HOUSING DEVELOPMENT ZONE 7:30 p.m. estimated time 7. CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 7.70 SECONDHAND DEALERS AND TRANSIENT MERCHANTS 7:40 p.m. estimated time 8. DISCUSSION ON UPCOMING CONTRACTS 7:55 p.m. estimated time 9. BRIEFING ON AN AGREEMENT WITH WASHINGTON COUNTY FOR TECHNOLOGICAL IMPROVEMENTS TO TRAFFIC SIGNALS ALONG DURHAM AND UPPER BOONES FERRY ROADS 8:05 p.m.estimated time 10. BRIEFING ON AN AGREEMENT WITH CWS AND BEAVERTON REGARDING THE CONSTRUCTION OF WATER AND SEWER LINES TO SERVE RIVER TERRACE 8:15 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed,under ORS 192.660(2) (h).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. 8:25 p.m. estimated time 11. COUNCIL LIAISON REPORTS 8:40 p.m.estimated time 12. NON AGENDA ITEMS 13. ADJOURNMENT 8:50 p.m. estimated time i I AGENDA ITEM NO. 3 - C CITIZEN COMMUNICATION DATE: July 8, 2014 (Limited to 2 minutes or less, please) 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:? otorsi (Y1 a..,n 9rY e.t- k, Also,please spell your name as it sounds,if it will help the presiding officer pronounce: s` T-'4"1 1.1'•1 1 o Lk d„ a. Address 1 1.3 a() w1 :r, City -T,(.3-42. -c State _ Q r Zip °fl - . L\ Phone No. 1545'V 441-- 3106 Named-r T r c:CTYe et I' �/�/ljl�j Also,please speg your name as it sounds,if it will help the presiding officer pronounce: p rpo)' G i Address City I l Q w/ State 0 �" #4 Zip g7p Phone No. - 0:3 47 3 /y a 3 Name: T Ay Lo P— M A • Also,please spell your name as it sounds,if it will , ,j help the presiding officer pronounce: Address 115 37 S.14. rn A T rJ S T City T t G+t State o+L Zip 9 It 3 Phone No. SO3 6 G CITIZEN COMMUNICATION AGENDA ITEM NO. 3 - C CITIZEN COMMUNICATION DATE: July 8, 2014 (Limited to 2 minutes or less, please) 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:Crnn r e o&e') Also,please spell your name as it sounds,if it will P/a:R S/. no Je cf. help the presiding officer pronounce: h Address] Q�G� J 1 4 i t S'14-* City 1 • J •fe/ State Zip �! 7.1.23 Phone No. 503/1 319 - Yo l Name: AV Also,please spell your name as it sounds,if it will help the presiding officer pronounce: /1\A// \- Address 0-3 06 5 City '11. � State Zip, Cj1Z27 Phone No. 4,93,-4 e • °I3%) Name: S-K-AP + 12. a Also,please spell your name as it sounds,if it will ,tr e✓ help the presiding officer pronounce: Address /T 1 l ,S r' fSfil. 'fr �2 City I ' o J State Z i p ? /Phone No. 5-4: - /- 29 5 y CITIZEN COMMUNICATION AGENDA ITEM NO. 3 - C CITIZEN COMMUNICATION DATE: July 8, 2014 (Limited to 2 minutes or less,please) 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: /.-/A:11'et Also,please spell your name as it soMlds,if it will help the presiding officer pronounce: �A,t o e e- Address /Z 5-1,L0 ��/��,/// /��r n �,� 1 Z-11 ow City J.y f-l State Ok- Zip '7 7 Z 2 3 Phone No. 97/— Z8-- 6 k 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 SUPPLEMENTAL PACKET City Council Update July 2014 FOR u.' ?4/Y Chamber Events (DATE OF' 8 MEETING) /41(n dee., lie in c7.. .29 Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly • 7/10/14—Tigard Chamber @Tigard Chamber • 7/17/14— HomeMasters+ Ribbon Cutting in their new location • 7/24/14- Hosted by Direct Buy Portland at their new location • 7/31/14— Hosted by Office Depot on Cascade Tigard Young Professionals • After Hours— First Tuesday of each month 6-8 p.m. —August 5th Location Blitz 99W Other • Bookkeeping Career Institute Grand Opening & Ribbon Cutting—7/9/14 4-7 p.m. • Member supported Tigard Tualatin Relay for Life 7/12 and 13th at Twality Middle School • Gov't Affairs & Public Policy Committee—2nd Tues of the Month, 3:30-4:30 p.m. Check our event calendar at htto://business.tigardchamber.org/events/calendar/for locations and hosting companies Tigard Farmers Market Update Market now has a meat vendor, beef and pork and does meat shares, partial cow. New beer vendor selling IPA's by the Growler and doing tastings. House of Bread has expanded their offerings to include made to order sandwiches, shortcake and coffee. Unger strawberries sold out at noon! Partnering with school district have set our date for Harvest Market, Saturday November 15th. Look for more kid friendly and demo activities this year through new business partnerships such as Whole Foods,Orchard Supply Hardware, Home Depot, Burgerville. Don't forget you can use your EBT at the market! Learn more at www.tigardfarmersmarket.org Downtown Updates • Intersection of Tigard and Main will be closed for construction 7/11-18. All downtown merchants are open during construction you may just need to park a couple of blocks away and walk. Use the new public lot on Burnham or other available parking lots. Contact your favorite merchants for ways to get to them. • 3rd Friday in July is the 18th. Come down and check out the specials • 3rd Annual Explore Downtown Tigard Street Fair, Saturday 8/16/14. We have secured Timber Joey, we'll have magic, ponies, fire trucks, bouncy house and more • Interested in being a vendor,go to http://exploredowntowntigard.com/events/street-fair/vendor- registration/ TDA now has bylaws and a Board of Directors Learn what there is to do in Downtown Tigard on Facebook at www.facebook.com/exploredowntowntigard and at www.exploredowntowntigard.com TU ARD AREA �/ - ivolo 0, 7.2§/1,Efi E„.„,„,„ no.Nrrovis tQardyoungprafessia MARKET 1;2.atd a si KS S) <«w<t 4040<rw•• wne. <ww.. 1140t enr AIS-1831 3.A. Business Meeting Meeting Date: 07/08/2014 Length (in minutes):Consent Item Agenda Tide: Approve City Council Meeting Minutes Submitted By: Carol Krager,City Management Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Mac 13,20I4 Minutes Mac 20,2014 City Council Minutes tune 17,2014 City Council Minutes • AIS-1807 3. B. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): Consent Item Agenda Title: Approve Workers' Compensation Insurance for City Volunteers Prepared For: Kent Wyatt Submitted By: Kent Wyatt, City Management Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should Tigard continue to provide workers' compensation insurance for city volunteers to protect them if they are injured during their volunteer work time? STAFF RECOMMENDATION / ACTION REQUEST Approve resolution to provide workers' compensation insurance to city volunteers 7/1/14 through 6/30/15. KEY FACTS AND INFORMATION SUMMARY Oregon law allows cities to elect coverage for various classes of volunteers. We define a volunteer as any person who donates approved service without pay or reimbursement other than approved incidental expenses for those services rendered." For several years the City Council has elected to provide injury coverage. The City has volunteers working in most of its departments. Volunteers support city departments and expand services to the public. Although volunteer assistance is not free, it is a valuable tool to involve the public in service delivery and understanding of their local government. The proposed resolution will allow the City to continue to provide workers'compensation to all City volunteers. OTHER ALTERNATIVES 1, Elect to not provide workers' compensation coverage to City volunteers. 2. Consider offering accident coverage for some volunteer classes. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION On 7/9/13,City Council approved volunteer workers' comp coverage for FY14. Fiscal Impact Cost: 13,788 Budgeted (yes or no): Yes Where Budgeted (department/program): All departments Additional Fiscal Notes: For FY15,the City would pay$13,788 to cover City volunteers for workers' compensation. This is slightly lower than last fiscal year because there are fewer volunteers. Attachments Resolution Exhibit A Volunteer Roster AIS-1773 4. Business Meeting Meeting Date: 07/08/2014 Length (in minutes):45 Minutes Agenda Title: Discussion on Infrastructure System Financing for River Terrace and Citywide Submitted By: Debbie Smith-Wagar Financial and Information Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Staff will brief Council on workplans for the next year to address infrastructure financing related to River Terrace and other citywide infrastructure needs. STAFF RECOMMENDATION / ACTION REQUEST Staff requests that Council provide direction on workplans. KEY FACTS AND INFORMATION SUMMARY Background: The city currently have a number of projects that require an update to, or creation of, fees and charges to assist in the financing of system infrastructure.These projects include: •Updates of master plans to account for needed infrastructure in River Terrace. The system master plan updates include: water,sewer, storm water, transportation,and parks. It is standard practice after updating a master plan to review and update system development charges (SDC) paid by developers when building permits are obtained. •On April 21,2014 the City of Tigard Budget Committee instructed staff to pursue a local revenue source for the sewer system. The Sewer Fund of the city does not have sufficient resources to pay for operations and capital. The Budget Committee determined that service level decreases would put Tigard in jeopardy of violating environmental rules.To prevent the fund from running out of money, an additional local revenue such as a surcharge,will be examined and brought to Council for consideration. •In November 2010,Council set water rates and charges intended to pay for Tigard's share of the Lake Oswego / Tigard Water Partnership which will provide Tigard Water customers with their own water source allowing the city to no longer depend on Portland Water. Last year,Tigard City Council agreed to change the partnership to increase Tigard's share in the water source by an additional 4 million gallons per day (mgd). This will increase Tigard's share in the project costs. Prior to making the decision to purchase the 4 mgd share,Council was advised that the purchase would most likely result in the need to further increase water rates. Key time frames that will impact development of the fees include: •The River Terrace Community Plan is anticipated to be complete in the Spring of 2015. Under that time frame, the earliest that final plats for development is likely to be approved is July 1, 2015. The SDCs get recorded on the final plat. In order to charge River Terrace related SDCs in the River Terrace area, Council will need to adopt new SDCs prior to July 1,2015 in order to avoid delaying development in the area. •The LO/Tigard Water Partnership costs are funded via bonds supported by water usage charges. The city issued approximately $97.7 million in water revenue bonds in April 2012 with a second bond issue anticipated. The proceeds from the 2012 bond issue are likely to run out by February 2015. In order to issue the second set of bonds,new water rates that will pay for the project,including the additional 4 mgd, need to be set. In order to meet the project times for the second bond issue, the new rates will need to be set prior to January 1,2015. •The Sewer Fund is forecasted to be out of cash in two years.The longer the city delays in implementing a local revenue source,the lower the fund balance resources will become. Staff is recommending that the local revenue source be adopted prior to January 1,2015. Project approach: Staff has organized to address financing the five infrastructure systems. Each system has a team with a team lead and staff from Public Works, Community Development, and Finance and Information Services departments. All the teams are meeting in a single larger group to coordinate resources. Staff is issuing a single solicitation for services that will lead to an award of 1-5 contracts to assist the city in developing the infrastructure financing (SDCs,water rates, sewer fees, etc.). For all five systems,staff is proposing the following interactions with Council: •Two passes of the contract for services. Tonight's meeting is the first pass.Contract adoption will come in August. *Two updates in Study Sessions and/or Workshops to keep Council updated on the project update and provide an opportunity to review draft fees. •Hearings to adopt fees. Additionally, for SDCs there are public outreach requirements: *There is a minimum 90 days notice prior to hearing that the city is going to hold a hearing on SDCs. *There is a minimum 60 days notice prior to hearing of the SDC methodology. Proposed Calendar: 1-July 8,2014- First pass of project contract solicitation 2.August 12,2014 -LCRB Contract award 3-August 26, 2014 - Council Study Session on Water and Sewer projects. 4.Mid September- Notice of city's intention to review SDCs. S-November 18,2014- Council Workshop on Water and Sewer rates and fees. 6.December 9,2014- Council Hearing on Water and Sewer rates and fees. 7.February 17,2015 -Council Workshop on Storm water,Parks,and Transportation projects. 8-April 21,2015 -Council Workshop on Storm water,Parks,and Transportation fee proposal. 9•April 23,2015 - 60 Day notice of SDC methodology. 10.June 23, 2015 -Council Hearing on Storm water,Parks,and Transportation SDCs and fees. Key Policy Issues: •For water,staff is not recommending a review of the rate structure. Staff advises that the rate structure should be addressed after experience operating the water treatment plant can be incorporated. •For sewer, staff is recommending that options on how the 5% sewer franchise fee is charged to the city and Clean Water Services be explored. •For transportation and parks,River Terrac; the existing Transportation Development Tax (113T) vs the new local transportation SDC;and the treatment of trails as transportation/park facilities will be explored. •For storm water River Terrace is a consideration,as well as storm water flows from outside of the city that impact city facilities. OTHER ALTERNATIVES •Council can direct staff to change time frames or direction •Council can direct staff not to pursue some or all of the rates and fees necessary for infrastructure financing,placing the financing of projects in jeopardy, COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS •LO/Tigard Water Partnership Bond Sale #2 •River Terrace •Complete Community Plan and master plans •Development begins DATES OF PREVIOUS COUNCIL CONSIDERATION •River Terrace Master Plans and financing have been considered by Council on:January 21,2014;May 20,2014;June 10,2014;and June 17, 2014. •Sewer local financing considered by Budget Committee on April 21,2014. •Council adopted the IGA change on the LO/Tigard Water Partnership authorizing the additional 4 mgd share on December 10,2013. Attachments No flt(s)attached AIS-1814 5. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 5 Minutes Agenda Title: Adopt a Resolution Appointing New Members and Alternates to the Park and Recreation Advisory Board Prepared For: Steve Martin,Public Works Submitted By: Steve Martin,Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall council adopt a resolution naming Troy Mears,Linda Shaw,Wayne Gross,and Scott Winkels as members,and J. Randall Brenner and Timothy Pepper as alternates to the Park and Recreation Advisory Board (PRAB)? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council adopts the resolution. KEY FACTS AND INFORMATION SUMMARY There are four voting member vacancies on the PRAB as of July 1,2014.Three of the vacancies are for 4-year terms. One vacancy is for a 1-year term and will complete the unexpired term of a PRAB member who left the board in January. There are also two alternate member vacancies. On June 3,2014,with staff liaison Steve Martin, the Mayor's Appointment Advisory Committee interviewed eight candidates. The committee's recommendations are: •Troy Mears,Linda Shaw, and Scott Winkels are appointed to 4-year terms. It is Mr. Mears' second full term,and Ms. Shaw's and Mr. Winkels' first term. •Wayne Gross is appointed to the 1-year term. He will complete the unexpired term of the PRAB member who left the board in January. It is Mr. Gross' first term. *J. Randall Brenner and Timothy Pepper are appointed to 1-year terms as alternate members. This will be their first term on the PRAB. Information on the nominees is included on the attached biographical information sheet. OTHER ALTERNATIVES Council could choose not to adopt the resolution and provide alternate direction to staff. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION Council last appointed new PRAB members and alternates in July 2013. Fiscal Impact Fiscal Information: Appointing PRAB members has no fiscal impact. Attachments Resolution PRAB Nominee Biographical Information PRAB Nominee Biographical Information Troy Mears has served one full term on the PRAB and has been a Tigard resident for 12 years. Mr. Mears is a landscape architect and also has a degree in environmental design. He has worked with multiple municipalities and districts on park and recreation facilities. Mr. Mears has coached kids sports and is a member of the Tigard Rotary and Blue Ribbon Task Force. Scott Winkels will be serving his first term on the PRAB and has lived in Tigard for 7 years. He has a history degree from Western Oregon and works as a lobbyist for the League of Oregon Cities. Mr. Winkels was a reserve deputy sheriff with Multnomah County and an advisor to their Explorer program and is a member of the Portland Velo Cycling Club, the Portland Velo Racing Team, and the Oregon Bicycle Racing Association. Linda Shaw has lived in Tigard for 16 years and will be serving her first term on the PRAB. She has a degree in speech communications from OSU and works as a customer service representative for a screen printing company. Ms. Shaw previously worked as a reading aide in TTSD and was the Tigard Recreation Association volunteer coordinator. She has volunteered for many TTSD school sports and events and is an active member of the Friends of Bull Mountain Park. Wayne Gross has lived in Tigard for 4 years and will be filling the remaining one year term on a vacant PRAB position. Mr. Gross has a degree in recreation and park administration as well as a masters' degree in public administration. He has worked as a park and recreation professional for approximately 40 years and was a member of the Tigard Tree Board before it was discontinued. J. Randall Brenner has lived in Tigard for 7 years, as well as 6 years previously. He will be serving a 1-year term as an alternate member on the PRAB. Mr. Brenner has a degree in politics and works as the manager of a local office of a national insurance company. He has served as a classroom volunteer with TTSD and a Tigard Youth Football coach. He was an alternate on the 2008 Budget Committee. Timothy Pepper has lived in Tigard for 10 years and will be serving a 1-year term as an alternate member on the PRAB. He has a degree from Cal Poly in computer science and a master's degree in computer science from PSU. He works as a software engineer, and is on the Board of Directors for the Beaverton Farmers Market. Mr. Pepper is a volunteer soccer coach, a career mentor at THS, an active park user as a triathlete, and a trail building leader at Bull Mountain Park. AIS-1714 6. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 10 Minutes Agenda Title: Vertical Housing Development Zone: Resolution Requesting Designation Prepared For: Lloyd Purdy,Community Development Submitted By: Lloyd Purdy,Community Development Item Type: Resolution Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE A Vertical 1-lousing Development Zone (VHDZ) is an economic development tool,consistent with our economic development strategy,which both leverages and induces private sector investment. A VHDZ results in development that supports commercial activity for restaurants, retailers and professional offices,along with housing for residents (our workforce), and requires collaboration with state and private sector partners. The City Council can request designation of a zone through formal resolution and the submission of a proposal to the state's Housing and Community Services Department. STAFF RECOMMENDATION / ACTION REQUEST A Vertical Housing Development Zone encourages private sector investors and developers to add residential capacity above first floor commercial uses in targeted parts of the City.This results in a mix of commercial and residential activities that can be mutually supportive. A VI IDZ is one tool used with other programs,like an urban renewal district and existing land use classifications, to incentivize early phase mixed-use projects in designated areas of the City. Staff recommends authorization of a request for the State of Oregon to designate a Vertical Housing Development Zone to encompass downtown Tigard and include the portion of the Tigard Triangle zoned for mixed-use development. The attached maps document the two areas that make up the proposed VHDZ in Tigard. A policy review memo,which reviews the connection between a VHDZ and current city planning documents, has been attached to this AIS. KEY FACTS AND INFORMATION SUMMARY As discussed during the April 1,2014 CCDA meeting,State enabling legislation allows municipalities to adopt a Vertical Housing Development Zone to encourage the private sector to build higher-density mixed-use development (first floor commercial with residential above) in targeted areas of a city. The reduction of a portion of property taxes for a defined period of time can improve the financial feasibility of a mixed-use project -- particularly in markets where lower rents might not support the cost of new construction. Qualified new development projects within a Vertical Housing Development Zone are eligible to receive a 10-year property tax abatement on the value of new construction for up to 20 percent per residential floor (for the first four floors above a commercial ground floor). Total property tax abatement of the new construction is limited to no more than 80 percent of the residential development. Land and commercial development are fully taxed with one exception; an additional partial property tax exemption on the land may be given if some or all of the residential housing is designated as affordable housing(80 percent of area median income or below). The Zone must be in a qualifying area defined by the City, consistent with state criteria. Projects are certified through the state's Housing and Community Services Department. Each project is provided with the abatement for a maximum 10-year period if applications are approved before January 2016 (under current legislation). Abatement applies to all taxing jurisdictions that do not opt out of the program. Taxing jurisdictions have the option to opt out of the zone before it is created. Other communities (Hillsboro, Milwaukie,Gresham and Oregon City) have used VIIDZ to encourage mixed-use residential development. The Fourth/Main Project now completed in downtown Hillsboro is an excellent example of how this tool facilitates mixed-use development in urban infill real estate markets. Two maps have been attached to this AIS documenting the proposed VHDZ. The first map illustrates how the proposed VHDZ meets the criteria the state will use to justify authorization of a VEIDZ in Tigard. The second map shows the 398 tax lots included in the VI IDZ.This information will become part of the official application to the state. OTHER ALTERNATIVES A Vertical Housing Development Zone as an overlay on top of existing land use,can be combined with other programs like urban renewal tax increment financing to encourage private investment. A VHDZ is an additional tool in the City's economic development portfolio. Unlike other tax related development tools, other overlapping taxing jurisdictions can opt out of a zone in Tigard if they so choose. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS As discussed during the April 1,2014 CCDA meeting,a Vertical Housing Development Zone is consistent with the City Center Urban Renewal Plan,and Goals 9,10,and 15 of the City's Comprehensive Plan. See attached memo for more details. DATES OF PREVIOUS COUNCIL CONSIDERATION Vertical Housing Development Zone Introduction (CCDA) October 1,2013 Vertical Housing Development Zone: Tigard (CCDA) April 1,2014. Fiscal Impact Fiscal Information: Zone is established, taxing districts will continue to receive taxes on the full value of a tax parcel's land and commercial development. A taxing district will forego 20 percent of the increased property tax on the first four floors of residential development when those floors are added above a first story commercial development. After 10 years, the full value of the property is returned to the tax role. Other tax districts impacted by a VHDZ are listed on the communication flyer and have been notified and invited to comment. Attachments Resolution VI-IDZ Policy Analysis VHDZ Criteria Map VHDZ Proposed Boundaries Map • " City of Tigard TIGARD Memorandum To: Mayor John Cook and City Council From: Lloyd Purdy, Economic Development Manager Re: Policy Support for a Vertical Housing Development Zone Date:June 17, 2014 A Vertical Housing Development Zone (VHDZ) is consistent with the Center City Urban Renewal Plan, and Comprehensive Plan Goal 9, 10 and 15. Downtown/Urban Renewal A Vertical Housing Development Zone works with existing land use and the city's urban renewal district to encourage development that supports downtown revitalization. The purpose of the City of Tigard's Comprehensive Plan Goal 15 (Downtown) is to facilitate the transformation of downtown into an urban village. Given existing land use and commercial activity, this will require the addition of both housing and space for new commercial activity located in a walkable context. Specifically, Policy 6 notes the need for a range of new housing options to attract new residents downtown (who are both local consumers and part of our work force). Concurrently, Policy 2 encourages a mix of complementary land uses—higher density residential activity along with retail restaurant, entertainment and services. A Vertical Housing Development Zone is an economic development tool that encourages private sector development for both commercial and residential activity. Development projects successfully qualify as VHDZ projects because they locate commercial activity focused on goods and services with consumers and employees (residents). Like tax increment financing, a Vertical Housing Development Zone is a tool that Oregon municipalities can use to influence the type of development in a targeted part of the City. Tax increment financing is a targeted tool focused on specific projects. A VHDZ is a more general tool encouraging a development pattern — higher density residential development with first story commercial activity. Combining residential use with commercial first story activity typically creates a more challenging and expensive development program. A VHDZ reduces some of the expense of mixed use development over the early life (first 10 years) of a project. Tigard Triangle According to preliminary findings from the Tigard Triangle Strategic Plan, existing zoning in the Tigard Triangle is primarily composed of Mixed-Use Employment (MUE), which permits both commercial and multifamily residential development. Depending upon the results of the Tigard Triangle strategic planning process,this area may see the addition of between 900 and 2,900 potential new dwelling units. Future development in the Triangle is expected to include a mix of housing along with office, retail and/or other amenities integrated into a walkable neighborhood. This development pattern will provide access to commercial services, housing, and employment within walking distance of one another, while providing access to public transportation and other non-auto modes of travel to minimize single-occupancy vehicle use. Office uses and residential projects will need amenities such as coffee shops, banks, restaurants, dry cleaners, hair salons, etc. to be viable. These businesses must be focused in areas with the greatest visibility and access to patrons (residents). Including the Tigard Triangle as part of a Vertical Housing Development Zone is one tool the city can use to induce private sector development consistent with the expectations highlighted above. Development that provides capacity for residential activity located above commercial activity creates a marketplace for economic activity, more efficient land use patterns, and "street activating" activity. In the Tigard Triangle, a Vertical Housing Development Zone may be a financial tool that aligns with changes to our land use and design code that encourages higher density residential development in an area of the city where, historically, regulatory and market forces, have not converged to support this type of private sector investment. Comprehensive Plan Goal 9 Objectives A Vertical Housing Development Zone supports the City of Tigard's Comprehensive Plan Goal 9 economic development objectives by: • Encouraging efficient development/redevelopment of underutilized commercial land. • Increasing business and employment opportunities through more intense use of existing commercially viable lands. • Encouraging retail and commercial activity in appropriately zoned portions of the city, preserving industrial zoned lands for industrial jobs. • Supporting efficient regional multi-modal transportation for Tigard's residents in the work force and regional commuters employed by Tigard-based companies by building upon existing fixed rail infrastructure in downtown Tigard. • Increasing opportunities for higher density housing and employment downtown and in the Tigard Triangle. A Vertical Housing Development Zone encourages private sector investments that support our work force with housing for residents (employees), first story commercial spaces for businesses and a "market making" proximity that pairs consumers with providers of goods and services. Comprehensive Plan Goal 10 Housing A Vertical Housing Development Zone also supports the objectives of the City of Tigard's comprehensive Plan Goal 10. This goal includes providing for a variety of housing types in the City of Tigard. Recommended activities consistent with this goal highlight the importance of using financial incentives and programs administered by the State of Oregon to develop higher residential density in areas like downtown and the Tigard Triangle. These are priority areas for higher density housing because of their proximity to transit corridors that support employment opportunities and commercial services. Attached Files Include • Resolution for Council consideration and adoption. • Map showing factors that support VHDZ selection—existing mixed-use zoning, location in an urban core, access to transit and building restrictions. • Map of tax lots included in the proposed VHDZ. ` �h��,Ci�^+i .�i�f�i�'`I� 0144 41 arr.`►�1:•..I.:1, i134 1 7 V�:, � ` %'11 � .�.`,d iii:��:�,i=�IH�wa.EfclL:\..i�t:•a-1 IIIIIIIr■�Htti�� -nu111a mi .l: III j:�41,1 hh+ ■■- + 1 t m a w• ►L111 L"'n •�■ ..� -)Y LIa t4i♦♦n'i ,M 11■aa �� jIiit;! fi� .� � � 5 11 . , . • :,••• V t �♦{q �� - �. �'_�_"�" a■n.. \ i1 ::■4\a -err ' :a ire .: �+ ,„��al■� pJ/t ier ■ :�1. 1 -- _- f us.. . •1►+:•. a ■C::a:ry: i r i,:.4G =176il'L 1 f+ 7;•.a Ira• t •■i■ii.:/•r:':♦4 f rdu.,co... a.- • 1 i =7 Ur" 'o�) 1 e- • v nn n p�■ 1 • An1# (� 11tr. 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'l Urban Center t■ •= ��' ♦ - 1Max height-45 feet ti C 911•••r1r=wig Zone-MLimit G , anew—_ ■1tl1.1111111 NO FAR Limit yea (� e a Eat.' .. Mixed Use Zonin ■ !, s > - 1 .,wilt;+ ... ■;.'!. g 'f la _ 1 Max height-45-80 feet ` -f�/ 1 IN�111 ;NI 1- '� .� _ T' r as dill \,-� • f I•`.�1 V�` J !:.n, 1 /dam Y ® Existing WES Station N !!;:n il•�.V:',-e,rt�t .:- '''*� ;arr e� g ; f 1 - -I r ` �\I«a'Ar•=i!, <♦ �� -\a.�.A f I5-I i.....,�. Tigard City Boundary L`:�;. ` : a.,. �S ° 1' 1 :k:4 »�,.: ■ ...rearm=�= ■■ :: 11101 ass gol .:inn I� Proposed Vertical Housing Jon I "Ili iC I I■ •■ 1! ig t' "' � Nem e . 41111_ Pro ed Vrtical I3oun ■ �■ Ii �■ �� * ��' f Q �� Po g et �►i . mi - Deg elorment Zone Boundary Erg� lik ty iii ** Parcel identifier corresponds to a unique tax lot ul ma 101-._ C►�� i I number. III y 1111 , �r.7 nII I. Eat!Ali- �•.,'3i� ��1 q• ; 1'1;!s '� ', _ , m� _� ��7 ■ =:i Id III am 1 1111.11rk ••• Cr. 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N �\ . ma 1 4. �► III g Ginn OM 1 4,4#IS • Iiiii i `../ \ =mink V ♦ �❑ Mill G i 0 I Lal Ilmum11111ii• it=iii t V�4 29.1 EMI.o ,3= Fo st 0 e0%t �as Ea ■ br ❑ SUPPLEMENTAL PACKET FOR . uI 9, ad/S� TVFOR (1*e' � METING) 5 Tualatin Valley www.r►¢r.com Fire & Rescue July 7,2014 Mayor John Cook City of Tigard 13125 5W Hall Blvd. Tigard, OR 97223 Dear Mayor Cook and City Council; Tualatin Valley Fire& Rescue provides fire protection and emergency medical services to more than 454,000 residents in nine cities and three counties. Our district has 21 fire stations covering a service area of 210 square miles.TVF&R receives the majority of its funding from local property taxes. In the City of Tigard,this tax rate is typically$1.91 per$1,000 of property tax collected. At its May meeting,TVF&R's five-member elected Board of Directors considered the City of Tigard's proposal to create a Vertical Housing Development Zone (VHDZ)in targeted parts of the City, in order to encourage new mixed-use development. In some cases,this could result in TVF&R foregoing a portion of the property tax on new multi-story residential development for qualified projects. We understand that the VHDZ is an economic development tool that ultimately results in higher property values for all taxing authorities. It also encourages new construction based on current standards-resulting in safer buildings. Please accept this letter in support of your proposal to the State of Oregon Department of Housing and Community Services for a Vertical Housing Development Zone in Tigard. Sincerely, W44 Michael R. Duyck Fire Chief Cc: Lloyd Purdy, City of Tigard Economic Development Manager North Operating Center Command&Business Operations Center South Operating Center Training Center 20665 SW Blanton Street and Central Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road Aloha,Oregon 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon 97078-1042 Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-649-8577 503-649-8577 503-259-1600 AIS-1781 7. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 15 Minutes Agenda Title: Consider Amendments to Tigard Municipal Code 7.70 Secondhand Dealers and Transient Merchants Submitted By: Carol Krager,City Management Item Type: Ordinance Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE Staff recommends revisions to the Secondhand Dealers and Transient Merchants TMC 7.70 to clarify procedures and definitions. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that the Secondhand Dealers and Transient Merchants TMC 7.70 be revised with current language and definitions. KEY FACTS AND INFORMATION SUMMARY Staff recommends the following revisions to the Secondhand Dealers and Transient Merchants TMC 7.70: •Definitions have been revised to clarify current language. •Reference to Secondhand Dealer Special License has been revised to Secondhand Dealer License. •Secondhand Dealers are required to enter data in the Northwest Regional Automated Information Database (RAPID) system that the Tigard Police Department utilizes to manage data pertaining to Secondhand Dealers' transaction reports. Occasional Secondhand Dealers may request an exemption from using RAPID.This exemption will allow occasional Secondhand Dealers to,as an alternative, submit their transactions on a transaction report form created by the Chief of Police. The request for this exemption must be made in writing to the Chief of Police. •The hold period for items may be reduced from 30 days to 20 days if the item either displays a complete legible serial number;or is an item of jewelry;or is a previous metal scrap.The Dealer must report the acquisition into RAPID on the same day the acquisition occurs;include a description in the RAPID entry of the degree of detail for the type of item as required in the Administrative Policies and Procedures and TMC 7.70;include a digital photograph of sufficient size and focus to identify the item and distinguish it from similar items that clearly shows any legible serial number on the item in the RAPID entry;and comply with all remaining requirements in the Administrative Policies and Procedures. A Dealer may be required to reinstate a 30-day hold period if an examination of RAPID entries reveals a pattern of insufficient item description or insufficient photographs. •Items held or seized under'I`MC 7.70.090, Section 4,may not be released to anyone other than the Dealer unless the property is released to (a) another law enforcement agency that has provided documentation to the satisfaction of the Chief of Police of the stolen status of the property;or(b) a person who reported the property as stolen when all of the following are present: (1) A stolen property report has been filed with a law enforcement agency where making an untruthful report is a violation of the law,and (2) A notice has been delivered to the Dealer holding the property or from whom the property was seized. (i) The notice required by this subsection will state that the property is being released to the person who has filed the stolen property report. (ii) The notice required by this subsection will be sent electronically with a request for acknowledgment,or delivered in person to the Dealer at the email or physical address shown on the Dealer's permit application or most recent permit renewal application, and to the pawner/seller at the address shown in the transaction report required by TMC 7.70.The Chief of Police may release property to the owner after the notice required by this subsection has been delivered; proof of receipt of the notice is not required. (iii) The failure of any person to receive the notice required in this subsection will not invalidate or otherwise affect the proceedings of this subsection. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION 6/24/2014 Attachments Ordinance Exhibit:1 AGENDA ITEM No. 7 Date: July 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 — Amendments to Tigard Municipal Code Chapter 7.70 Seconhand Dealers and Transient Merchants 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony I/Adm/Cathy/CCSignup/Leg.PH Secondhand Dealer Code Amendment AGENDA ITEM No. 7 July 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. rL lt ";es Name,Address&Phone No. Name,Address&Ph e No. Name,Address&Phone No. 0 . vt kit\() nta 5\11) ,lev 51 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. 1 AIS-1808 8. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 10 Minutes Agenda Title: Discussion of Upcoming Contracts Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Item Type: Update,Discussion,Direct Staff Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discussion of upcoming contracts. STAFF RECOMMENDATION / ACTION REQUEST Staff is asking Council to provide direction and inform staff of any additional information they would like to have presented during the contract award for upcoming contracts.The Local Contract Review Board will be presented with a contract award motion for each contract at their July 22nd Business Meeting. KEY FACTS AND INFORMATION SUMMARY Right-of-Wav (ROW) Improvements and Maintenance The city has a need for a landscape contractor to perform both landscape maintenance and minor improvements in a number of the city's rights of way and water quality facilities. Work will include: •Turf Management (Mowing,Edging, String Trimming,Sweeping/Blowing Sidewalks) •Planter Strip Maintenance •Weeding •Litter Pickup •Pruning •Leaf Removal •Irrigation Repair •Fertilization (Turf and Planter Strips) The vast majority of this contract will be for maintenance services as the city has largely completed improvements over the contracts of prior years. Small improvements are scheduled for Gaarde (access road turn out to 121st) and Walnut (80 feet east of Gaarde to 132nd). The city issued a Request for Proposal (RFP) for the work on June 6th with an advertisement in the Daily Journal of Commerce. In addition, the city directly mailed the RFP to eight (8) landscape contractors. The closing date was June 19th at 2:00 pm and staff received one proposal- from Cascadian Landscapers. This is consistent with previous year response rates and is partly due to the nature of the work and the time of year. Staff reviewed the proposal and determined that Cascadian submitted a responsive and responsible proposal and is a firm capable of performing the work the city needs. The proposed contract will be for an estimated $83,250 ($74,700 for maintenance and $8,550 for improvements) for the city's rights of way and $17,220 for maintenance services at the city's water quality facilities. City Hall, Police. and Permit Center Re-Skin (Wrap) Several areas of'I'igard's City Hall complex including City Hall, the Permit Center,and the Police Department have failing or compromised Exterior Insulation Finishing System(EIFS) stucco that is in need of removal and replacement. Along with these improvements,modifications will also be made to the entryway canopy between the Permit Center and City I lall,a window will be installed on the south wall of the Permit Center, the metal roof,which has reached its maximum life expectancy (based on the warranty) will be replaced, and landscaping around the perimeter of the buildings will be removed and replaced. Because of the complexity of this project,which requires a multitude of disciplines, the City has utilized specialized consulting agencies to complete the necessary tasks. With the data obtained from the previous testing for water infiltration and hazardous materials,an architect was hired to serve as architect of record and produced plans and bid documents. A separate and independent architect was hired to serve as project manager/owner's representative.A contractor,who must be pre-qualified as a Dryvit Care Application Contractor,which is what this contract will be for,will provide structural and roofing repair,handle and disposal of any hazardous waste materials and provide the necessary testing and testing agencies required for completion. The construction project will be in two phases: Phase 1 •Removal and replacement of Exterior Insulation Finishing System (EIFS) stucco on Permit Center building •Removal and replacement entrance canopy •Installation of new roofing material •Removal of Permit Center landscaping •Erosion control Phase 2 •Removal and replacement of Exterior Insulation Finishing System(EIFS) stucco on City Hall and Police building •Installation of new roofing material •Removal of City Hall and Police building landscaping •Erosion control The city issued an Invitation to Bid for the work on May 21st with advertisements in both The Daily journal of Commerce and The Oregonian. Bids were due on June 10th at 2:00 pm and the city received bids from two firms, one of which that was automatically disqualified as it came incomplete and via email. Applied Restorations,a firm qualified as a Dryvit Care Application contractor,submitted the sole acceptable bid. Staff, along with the city's owners'representative consultant, reviewed the bid and determined it to be a responsible and responsive bid. As such,staff is recommending a contract be awarded to Applied Restorations for the work. Applied Restorations base bid was $674,975 ($324,800 -Phase 1 and 5350,175 -Phase 2). The bid alternates, which staff is recommending also be included in this contract were as follows: •Bid Alternate A Canopy - $161,500 (Phase 1) •Bid Alternate B Metal Roofing- $16,250 (Phase 1) + $65,000 (Phase 2) •Bid Alternate C Paint Windows - $30,500 (Phase 1) + $37,600 (Phase 2) •Total of all Bid Alternates - $310,850 ($208,250 - Phase 1 + $102,600 -Phase 2) The total of base bid and the bid alternatives is $985,825. In addition, the replacement cost for the sheathing and EIFS system is $24.80 per square foot and the cost to re-point the masonry is $8.29 per linear foot. The city had$1,701,415 estimated in the CIP for this work over fiscal years 13-14, 14-15,and 15-16. OTHER ALTERNATIVES The Local Contract Review Board may direct staff to shelve these projects and bring them forward at a later date. Doing so would likely create a scenario where new solicitations would be required. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential contract Attachments No frle(s)attated. • • AIS-1738 9. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 10 Minutes Agenda Title: Briefing on an Agreement with Washington County for Technological Improvements to Traffic Signals along Durham and Upper Boones Ferry Roads Prepared For: Mike McCarthy Submitted By: Renee Ferguson, Public Works Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Briefing on an intergovernmental agreement (IGA) with Washington County for increasing the efficiency of traffic signals along Durham and Upper Boones Ferry Roads to improve traffic flow. STAFF RECOMMENDATION / ACTION REQUEST No action is required; formal consideration of the agreement is scheduled on a future consent agenda. KEY FACTS AND INFORMATION SUMMARY The adopted 2014-15 Capital Improvement Plan includes project #95041 - Upper Boones Ferry Road / Durham Road Adaptive Signal Coordination.The purpose of this project is to use modern technology to improve traffic flow and safety along the Upper Boones Ferry Road and Durham Road corridor from Interstate 5 to Highway 99W.The project will install a traffic flow management system to coordinate the 13 signalized intersections,two rail crossings, one enhanced crosswalk,and two school zones along this corridor, and allow signal timing to adapt in real time to changes in traffic demand. The attached map shows the project corridor (as a blue line) and the signals to be coordinated along that corridor. The total cost of this project is estimated to be$1.1 million. City staff have secured$1 million in federal Surface Transportation Program (S'I'P) funding for this project. This federal funding is allocated through Metro's Metropolitan Improvement Program (1vITIP) and the design and construction contracts will be administered by the Oregon Department of Transportation (ODOT). Tigard is required to pay a 10.27°,o local match,which is estimated to be $114,454,which will be paid from the Transportation Development Tax (MT) fund. The $1 million of federal funds will flow through the state to pay the consultant and contractor to complete the project. This project will be managed at a level so that Tigard's external costs will not exceed $114,454. Tigard's internal staff costs for project management are budgeted to be $50,000, for a total city cost of$164,454, from TDT funds. Washington County maintains Tigard's signals under a separate intergovernmental agreement,and County staff have the expertise in coordinated signal systems to effectively manage this project. County staff have offered to manage this project with the city, and this agreement outlines how this project will be managed and implemented.Washington County will have agreements with ODOT and Metro for execution of this project. This agreement was reviewed and approved by the city attorney's office in April,2014. 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 consequence would likely be that the county would not agree to assist the city by managing this project. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None DATES OF PREVIOUS CONSIDERATION None Fiscal Impact Cost: $114,454 Budgeted (yes or no): Yes Where Budgeted (department/program): CIP Project # 95041 Additional Fiscal Notes: This project is primarily funded by$1 million from the federal Surface Transportation Program (STP) allocated through Metro's Metropolitan Transportation Improvement Program (MTIP). This funding is not shown in the Capital Improvement Plan (CIP) because it will not flow through the city's books. The state will hire and pay the consultant and contractor to complete this project. The city's local match for this project is $114,454,which will be paid to the County. The city's estimated internal costs are$50,000 spread over FY 2014&FY 2015. The total city cost of$164,454 is budgeted in the adopted Capital Improvement Plan to be paid with Transportation Development Tax ([Dl) funds. This use of TDT funds has been approved by the Washington County Coordinating Committee. Attachments Durham_Unper Boones Project Map Intergovernmental Agreement • • { , . • .� i.• • 1 ...J.'• tali �► I} ' _ R � � _ ► - I. ',,,. `4 . ._ .. r.t•.• . • ,t4 a- -�71�+`.)a - , �•,• 1'• w y- • A, mil-• -� 1 •I ,, ..,'f '�'i - :S D '} 1! 4r' .Y� a1-` .. :P.:,-44,4+ m - • • r. s rY t . ri Lr i r. rs g •• j I .• , ..- r■ •••`:;.$4 re''':'. '-,rld, A '— t, , Ii,- -17 ; • .1.' Hwy 99 "f `_� r+' II .- 'I r '-e-`• . '4414 4.f 2r: •- lilt I WI' 4? 'I" . • • 1 ',4--,f•-' y• ., = Upper Boones Ferry Road ' $d t A '. s. '.6r ,, .4 1• ra• a ,s� ,a Y• '4 Y f - •+►` - 'fir e r 1 ,;••• ' . :::::-•.,;:•-•7 'I '� .sir •.- - 1 8;' �," . '..' -4- ► -c, I •+ • T� Durham Road no r R, - • 'It ' it .go ilk • . id +�-�_ s A_ r,. ��f^ - _ j- �`--. .«' _ r M Via. • Y ff, ,+ , 4.1 i ' '� 4..rte ` -, .. i- 0 ♦ : .. - + "• • .' r - • +. - r -°t1 4- I }' 1'1!➢ S r' INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF TIGARD INSTALLATION OF INTELLIGENT TRANSPORTATION SYSTEM ("ITS") UPPER BOONES FERRY/DURHAM RD SIGNALS THIS INTERGOVERNMENTAL AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon. acting by and through its elected officials, hereinafter referred to as `COUNTY"; and the City of Tigard. a municipal corporation, acting by and through its City Council. hereinafter referred to as "CITY," jointly referred to as "PARTIES". RECITALS 1. WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform; and 2. WHEREAS, CITY has an approved and funded Metropolitan Transportation Improvement Project (MTIP) to design and construct signal improvements to SW Upper Boones Ferry Road, a City Arterial Street, and SW Durham Road, a City Arterial Street, from Interstate 5 to Highway 99W; and 3. WHEREAS, COUNTY maintains certain public infrastructure within the Rights-of-Way of SW Upper Boones Ferry Road and SW Durham Road by agreement with CITY; and 4. WHEREAS, CITY desires COUNTY to improve signal operation along SW Upper Boones Ferry Road and SW Durham Road; and 5. WHEREAS, PARTIES have determined it would serve the interests of the public, and result in considerable cost savings, for the COUNTY to manage, design and construct the signal improvements; and 6. WHEREAS, under such authority, it is the desire of the PARTIES to enter into such an Agreement to cooperate in the design and construction of the improvements to the traffic signal system along SW Upper Boones Ferry Road and SW Durham Road, with the allocation of responsibilities as detailed below; and 7. WHEREAS, it is the desire of PARTIES to enter into this agreement to allocate responsibilities for funding, design, and construction of all the above-described improvements. Page 1 of 7 AGREEMENT NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and in consideration of the terms, conditions and covenants as set forth below, the PARTIES hereto agree as follows: 1. PROJECT DESCRIPTION 1.1 The project work within the City includes installation of a traffic signal control system connecting thirteen (13)traffic signals, two (2) rail crossings, one (1) crosswalk, and potentially school speed zone signage, hereinafter collectively referred to as "PROJECT" as shown generally on the attached Exhibit A. 2. COUNTY OBLIGATIONS 2.1 Upon execution of this Agreement, COUNTY shall assign a Project Manager to be responsible for oversight of the PROJECT during the design, bidding and construction phase of the PROJECT and to provide timely coordination with CITY. 2.2 COUNTY shall perform, or cause to be performed, all actions necessary for the design and construction of the PROJECT including project management, design and construction engineering, regulatory and land use permits and approvals, public information, contract administration, and construction management. COUNTY shall coordinate and administer the design and construction contracts for the PROJECT. 2.3 COUNTY shall regularly and upon request, inform and notify the CITY, through the City assigned Project Manager, of PROJECT construction status and anticipated completion date. 2.4 COUNTY shall perform actions regarding compensation as set forth in Article 4 — Compensation. 3. CITY OBLIGATIONS 3.1 Upon execution of this Agreement, CITY shall assign a Project Manager to be responsible for coordination of the PROJECT with COUNTY. 3.2 CITY shall provide timely review and comment on COUNTY design documents and timely response to other PROJECT information requests. COUNTY agrees to incorporate CITY comments that do not significantly impact PROJECT costs or schedule. 3.3 CITY will review PROJECT work and may provide inspection or testing at its own expense and may require additional and/or corrective work, at its own expense to complete the PROJECT if, in the CITY's judgment, it is in the public interest to do so and as may be necessary. 3.4 CITY shall coordinate and participate with COUNTY on any disagreements, disputes, delays or claims related to or as a result of the PROJECT. Page 2 of 7 3.5 CITY shall perform actions regarding compensation as set forth in Article 4 — Compensation. 4. COMPENSATION 4.1 Estimated design costs are: a. Intelligent Transportation System: Design $ 345,000 b. City of Tigard Match (10.27%) $ 39,487 c. Estimated Total Design Cost $ 384,487 4.2 Estimated construction costs are: a. Intelligent Transportation System: Construction $ 655,000 b. City of Tigard Match (10.27%) $ 74,967 c. Estimated Total Construction Cost $ 729,967 4.3 Estimated Project costs are: a. City of Tigard Match (10.27%) $ 114.454 b. Federal Highway Contribution $ 1,000,000 c. Estimated Total Project Cost $ 1,114,454 4.4 CITY shall provide to COUNTY a 10.27% match for the PROJECT, as approved as part of the CITY's fiscal year 2014-2015. The CITY's match funds will be payable in one lump sum payment upon execution of this Agreement. The costs shall include, but are not limited to, design engineering and construction engineering consultant services, and County administrative costs. 4.5 CITY and COUNTY understand that the design and construction costs outlined above are estimates and are used to determine project budgets and estimated payment amounts used within this Agreement. Notwithstanding, the estimate costs shown above, final costs payable by the CITY to COUNTY will be based on the actual contract amounts. However, in no event shall the CITY be obligated to pay to COUNTY more than $114,454 for PROJECT costs. Any additional costs associated with the PROJECT incurred by the County and/or its contractor above the match funds, including without limitation, any cost overruns, shall be borne by the COUNTY or COUNTY's contractor. Payments made by the CITY to the COUNTY related to this PROJECT shall be based on actual design invoices, actual bid prices, construction quantities and non-construction costs. 4.6 Within ninety (90) days after the completion of the construction contract, the COUNTY shall provide the CITY with a final statement of PROJECT WORK and bill the CITY for any remaining costs in excess of the payments already made, or refund any excess match funds to the CITY. Page 3 of 7 4.7 Upon the completion of the construction and completion of Record Drawings, the COUNTY shall deliver one electronic copy and one set of reproducible Record Drawings to the CITY, for their files. 5. GENERAL PROVISIONS 5.1 LAWS OF OREGON The parties shall comply with all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279A and 279C to be included in public contracts are incorporated and made a part of this Agreement as if fully set forth herein. 5.2 DEFAULT Time is of essence in the performance of the Agreement. Either party shall be deemed to be in default if it fails to comply with any provisions of this Agreement. The non-defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. 5.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party, and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of any kind or nature for personal injury, death or damage to property on account of or arising out of services performed, the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this agreement. 5.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 5.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations, with the parties sharing equally in the cost of a neutral third party. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. Page 4 of 7 5.6 REMEDIES Subject to the provisions in paragraph 5.5, any party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of this Agreement. All legal actions shall be initiated in Washington County Circuit Court. The parties, by signature of their authorized representatives below, consent to the personal jurisdiction of that court. 5.7 EXCUSTED PERFORMANCE In addition to the specific provisions of this Agreement, performance by any party shall not be in default where delays or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the parties, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control to the party to be excused. 5.8 SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 5.9 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. Page 5 of 7 6. TERMS OF AGREEMENT 6.1 The term of the Agreement shall be from the date of execution until the completion of the PROJECT, but not to exceed five (5) years. 6.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective thirty (30) days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the PROJECT and paying for any additional costs as necessary. IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. CITY OF TIGARD, OREGON WASHINGTON COUNTY, OREGON MAYOR CHAIR, BOARD OF COUNTY COMMISSIONERS DATE: DATE: ATTEST: CITY RECORDER RECORDING SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY COUNTY COUNSEL Page 6 of 7 Exhibit A .. i y it61 I.07 . \ik. # ' ..,. _ r :' 1 . Mg itro'f- —. _ a \ s ' -v- D AO r L i . , / kit Abe . 1 ), ., GAARD IIII et, Sill l =Kw 16 IL li , Plar 16-1124rit .61Lli4:11 . i:k. P 400.11111111111111 i .. Aimii ligriwnif ilk L'„ - a j .. a - - Al ...,00 . _4,.. _ ., - _! - -.' iI liffi , '4 titi�G.- : - Illii. at _i ._ ■ / p. -•-• .: : , i .. . irizio . . , , . i , L Lt . L ' PROJECT ; - ,- ---- k LOCATION . , - - rI I 1 A -_ , - r TU ALAI tik WI [-- \if . I I sW RD ' LEGEND =-�} WASHINGTON COUNTY UPPER BOONES FERRY RD /DURHAM RD -T� TI osmuoN PACIFIC HWY 99W TO US HWY 5 . Iic wrArs IMJCR ROADS I Dsd3mer TAs products for nlorrratcral purposes rc map not ham 6tttwo �IIOR ROADS prepa'ec for.a be sc,table br,k¢a en,rteenng.or survern6 purposes. N �T RAJLROADS Users of the r iortrafor should revew or consult the Pr y aat3 and nbmlaoon so�nxs to asoertan the:.sao ty of the n'cr natcn L_ i C(7'ES 1 LAKES , For more Mammon contact - Dan Erpenbach.Prg Ma raper Maper RIVERS&STREMAS Erlpneerrq and Coretruc on Seances Phan_303-e46-78OO SCALE Fax: 503-87810 Feet —- — Erroll danid_erpenbachcco washr tors or us 0 375 7 50 1.500 I---1. ■ ItilIiitl -i , Drawn by:RRR Map Date:March 5,1014 AIS-1743 10. Business Meeting Meeting Date: 07/08/2014 Length (in minutes): 10 Minutes Agenda Title: Briefing on an Agreement with CWS and Beaverton Regarding the Construction of Water and Sewer Lines to Serve River Terrace Prepared For: Mike Stone Submitted By: Greer Gaston, Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Briefing on an Intergovernmental Agreement (IGA) with Clean Water Services (CWS) and the City of Beaverton regarding the design and construction of Phase 2 of water and sewer lines to serve River Terrace. STAFF RECOMMENDATION / ACTION REQUEST No formal action is requested; the council will be asked to formally consider the IGA on its consent agenda at an upcoming meeting. KEY FACTS AND INFORMATION SUMMARY This project represents Phase 2 of the previous work completed in FY 13/14 and will extend the remaining sections of trunk sewer and mainline waterlines to the intersection of Roy Rogers Road and Scholls Ferry Road. From this point, the lines will be extended south into the River Terrace Service Area. Previously, the water and sewer work was agreed upon and undertaken by way of two separate IGAs between the participants (Tigard,Washington County and Beaverton). The IGA under consideration for Phase 2 is similar to the previous agreements for Phase 1 except that a single agreement is proposed to cover both the sewer and water work.This agreement represents a means for CWS,Beaverton and Tigard to pay for their respective portions of the design,construction and maintenance responsibilities associated with the improvements. As planned the majority of the work benefits Beaverton. Understandably,Beaverton has offered to design, bid,construct and provide project management services with the other two parties compensating Beaverton for their respective proportional costs.This avoids the need for multiple contracts and IGAs. Inspection of improvements specific to Tigard (portions of the mainline waterlines) will be accomplished by Tigard employees. The agreement has been reviewed by Tigard's City Attorney and has been adopted by both C\VS and Beaverton. OTHER ALTERNATIVES The council could choose to not approve or could propose changes to the IGA. Not approving the 1GA as proposed could lead to Tigard completing the improvements alone,possibly at significantly increased costs. Proposing changes to the IGA could possibly lead to a delay in the completion timeline, thereby impacting the development schedule for River Terrace. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Not applicable. DATES OF PREVIOUS CONSIDERATION This is the first time this 1GA has come before the council. Council approved (2) similar IGAs for Phase 1,one for mainline waterline and one for trunk sewer improvements. The waterline IGA was approved on May 14,2013,and the trunk sewer line IGA was approved on September 10, 2013. Fiscal Impact Cost: $388,000 Budgeted (yes or no): Yes Where Budgeted (department/program): 531 -Water SDC Fund, 540 - Sanitary Sewer Fund Additional Fiscal Notes: See Table Attached � a Attachments C WS/Beaverton/Tikard Final Fiscal Impact Table AgendaQukk02005-2014 Destiny Software Inc.,All Rights Reserved INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAVERTON,CITY OF TIGARD,AND CLEAN WATER SERVICES TO CONSTRUCT THE SCHOLLS FERRY TRUNK SEWER EXTENSION PHASE 2 PROJECT NO. 6649 This Agreement, dated , 2014, is between CLEAN WATER SERVICES(District), a county service district organized under ORS Chapter 451,the CITY OF BEAVERTON (Beaverton), an Oregon Municipality, and the CITY OF TIGARD(Tigard), an Oregon Municipality. A. RECITALS ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. District,Tigard, and Beaverton intend to undertake the Scholls Ferry Trunk Sewer Extension Phase 2 Project(Project)to extend gravity sewer from Barrows Road westward to Scholls Ferry Road and to connect two segments of existing water line. This Project has been endorsed by the Capital Improvement Program Prioritization Committee. NOW, THEREFORE,the parties agree as follows: B. PROJECT DESCRIPTION The sanitary sewer improvement portion of the Project consists of constructing approximately 690 linear feet of 24-inch diameter sanitary sewer, 555 linear feet of 21-inch diameter sanitary sewer, 50 linear feet of 8-inch diameter sanitary sewer, and nine manholes from the eastern terminus of a storm water facility access road along the southern side of SW Scholls Ferry Road to a point 1,243 feet eastward on Barrows Road as shown in Exhibit A (Sanitary Work). The water improvement portion of the Project consists of constructing approximately 350 linear feet of 18-inch diameter water line with appurtenances from the western side of the traffic circle at SW Barrows Road, extending to the intersection of SW Barrows Road and SW Scholls Ferry Road (Water Work). Beaverton will design the Project, select the construction contractor, and administer the construction contract for the Project. C. DEFINITIONS 1. Beaverton Planning and Design Cost—Beaverton labor and benefit costs and consultant costs paid by Beaverton associated with the services outlined in Section E.1-22. Page 1 — Intergovernmental Agreement 2. Capital Improvement Program Prioritization Committee—The Committee established by District and the Member Cities of Beaverton,Cornelius, Forest Grove, Hillsboro,Tigard, Tualatin, and Sherwood to identify and prioritize sanitary and storm system improvement projects throughout District's service area. 3. Sewer Cost- Includes the cost of all line items,bid schedules, restoration work, change orders, any associated restoration work, Beaverton Planning and Design Cost, overhead, bidding, inspection and project administration that can be accurately allocated to installation of the sanitary sewer and the prorated share of all general construction line items(mobilization, work zone traffic control, erosion control) as described in the Project Description for Sanitary Work, and any other costs associated with bidding and installing or modifying the new sanitary sewer line. Sewer Cost will also include costs associated with the repair of the water vault necessitated by damage to the vault during construction of the Sanitary Work. 4. Water Cost—Includes the cost of all line items, bid schedules, restoration work, change orders, any associated restoration work, design, overhead,bidding, inspection and project administration that can be accurately allocated to the water line and the prorated share of all general construction line items(mobilization, work zone traffic control, erosion control) as described in the Project Description for Water Work, and any other costs associated with bidding and installing or modifying the new water line. D. DISTRICT OBLIGATIONS District shall: 1. Provide direction to Beaverton on the anticipated capacity requirements of sewer lines larger than 12-inches in diameter. 2. Review plans and specifications provided by Beaverton and provide comments to Beaverton within ten working days of receiving them. 3. Pay Beaverton 75%of the Sewer Cost, not to exceed$1,225,000 within 30 days of receiving and approving the invoice. The invoice must be complete and include full progress payment amounts and typical construction retainage. 4. Appoint Andrew Braun as District's Project Manager. 5. Provide approval to Beaverton of the low bidder and bid cost for the Sanitary Work within three business days. 6. Have the right to review, and approve or reject any proposed changes to the Sanitary Work such as design change, field directive, change order, or use of the contingency line item. 7. Pay none of the Water Cost. 8. Respond to requests for District's approval of changes to the Sanitary Work within 12 business hours(8:00 a.m. —5:00 p.m. Monday through Friday, excluding holidays). This Page 2— Intergovernmental Agreement includes, but is not limited to: a) authorizing any design changes, b) approving any change orders,c) authorizing use of contingency line items,or d) resolving any disagreement,dispute, delay or claim. 9. Approve final acceptance prior to making any payment. E. BEAVERTON OBLIGATIONS Beaverton shall: 1. Appoint Andrew Barrett or another employee acceptable to District, as Beaverton's Project Manager. 2. Select,contract with, and pay consultants to perform a geotechnical investigation, utility locates, boring design, environmental assessment, and other work as necessary for use in designing and obtaining permits for the Project. 3. Provide all planning,design, specifications, and permits for the Project. 4. Provide any required notice and communicate with the neighborhood and property owners within the Project limits. Respond to public calls arising from work being completed for the Project. Take the lead in coordinating public involvement related to the Project. 5. Provide Tigard and District at least ten business days to review plans and specifications for the Project at 75%, 90%, and 100%completion, and incorporate their review comments into the plans. 6. Conduct a public bidding process to construct the Project. 7. Provide timely responses to bidders' questions about the Project. If necessary, provide District with an addendum no later than five business days prior to the bid opening. 8. Provide timely response to contractor's Project information requests. 9. Require all contractors to include District and Tigard as additional insureds on insurance coverage required for construction work performed in completing the Project. 10. Administer construction of the Project and pay contractor all contract costs. 11. Construct the Project and provide construction and management services for the Project. 12. Provide construction inspection of the Project bid items including review and approval of shop drawings, submittals, and onsite inspection to determine compliance with the contract documents. Beaverton's inspector shall be onsite and responsible for enforcing all applicable specifications during all Project work, including but not limited to night work, accommodations for public traffic and work zone traffic. 13. Obtain District's approval for any proposed sewer design or other changes to the Sanitary Work. Obtain District's consent before taking any of the following actions for the Sanitary Work: a) authorizing any design changes, b) approving any change orders, c) authorizing use of contingency line items. 14. Provide District written notice that the Project is complete and obtain District's approval for final acceptance of the Project prior to releasing bonds,or issuing final payment to the contractor. Page 3 — Intergovernmental Agreement 15. Provide District as-built construction drawings for the Project within 60 days after the Project is deemed complete and acceptable to District. The as-built drawings shall be provided in camera-ready hardcopy, 11 x 17 inches with a CD in both pdf and AutoCAD digital format. 16. Coordinate and participate with District and obtain District's consent before resolving any disagreement, dispute, delay or claim related to,or as a result of the Sanitary Work. 17. Provide documentation of the Project cost to District and Tigard,prior to invoicing. 18. Track Water Cost and Sewer Cost separately. 19. Pay 12.5%of the Sewer Cost, (after reimbursement from District and Tigard) not to exceed $205,000. 20. Invoice District for 75% of the Sewer Cost, not to exceed$1,225,000, upon completion of the Project. 21. Invoice Tigard for 12.5% of the Sewer Cost upon completion of the Project. 22. Invoice Tigard for 3%of the Water Cost as a contract administrative fee. 23. Invoice Tigard 100%of the Water Cost at the time the contractor's invoices are received. F. TIGARD OBLIGATIONS Tigard shall: 1. Appoint Rob Murchison or another employee acceptable to District and Beaverton as Tigard's Project Manager. 2. Provide all planning, design, specifications, and permits for the Water Work. 3. Review plans and specifications provided by Beaverton for the Project and provide comments to Beaverton within ten working days of receiving them. 4. Provide timely response to contractor's Water Work information requests. 5. Provide construction inspection and management services for the Water Work. 6. Provide construction inspection of the bid items relating to Water Work including review and approval of shop drawings, submittals, and onsite inspection to determine compliance with the contract documents. Tigard's inspector shall be onsite and responsible for enforcing all applicable specifications during all Project work, including but not limited to night work, accommodations for public traffic and work zone traffic. 7. Have the right to approve any proposed Water Work related to design change, field directive, change order, or use of the contingency line item. 8. Pay Beaverton 100%of the Water Cost within 30 days of receiving and approving the invoice. 9. Pay Beaverton, 12.5%of the Sewer Cost as bid and modified during construction, not to exceed $205,000, within 30 days of approving the invoice. The invoice shall include full progress payment amounts, including typical construction retainage. 10. Pay Beaverton 3%of the Water Cost as a contract administrative fee. Page 4— Intergovernmental Agreement 11. Show proof that funds are available prior to starting the Project. 12. Provide Beaverton as-built construction drawings for the Water Work within 30 days after the Project is deemed complete. The as-built drawings shall be provided in camera- ready hardcopy, 11 x 17 inches with a CD in both pdf and AutoCAD digital format. G. GENERAL TERMS 1. Laws and Regulations. Beaverton, Tigard and District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until the Project is complete and the parties' obligations have been fully performed or this Agreement is terminated as provided herein. 3. Amendment of Agreement. Beaverton, Tigard and District may amend this Agreement from time to time,by mutual written agreement. A. Proposed sewer-related changes of scope during the Project implementation must be reviewed and endorsed by the Capital Improvement Program Prioritization Committee. Changes necessitated by conditions discovered during design or construction,but consistent with the original scope of the Project, may be approved by District and Beaverton for the Project without further approval from the Capital Improvement Program Prioritization Committee. B. The construction contract amount of the Water Work and the Sanitary Work may each be increased by up to 20%without amending this Agreement,provided the increase shall not exceed any not to exceed amount contained in this Agreement. 4. Termination. This Agreement may be terminated immediately by mutual written agreement of the parties, or by any of the parties notifying the others in writing prior to award of a construction contract, with the termination being effective in 30 days. 5. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6. Indemnification. Within the limits of the Oregon Tort Claims Act,codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the others and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation Page 5— Intergovernmental Agreement of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents,contractors or representatives. 7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the Beaverton Mayor, Tigard City Manager and District's General Manager will attempt to resolve the issue. If they are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final,binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 8. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in construing or interpreting this Agreement. 9. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 10. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's General Manager or the General Manager's designee and when required by applicable District rules, District's Board of Directors 2) Beaverton, and 3)Tigard. Proposed changes of scope to the Sanitary Work must also be approved by the Capital Improvement Program Prioritization Committee. Page 6— Intergovernmental Agreement 11. Choice of LawNenue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. 12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which,taken together, shall constitute one and the same Agreement. CLEAN WATER SERVICES CITY OF BEAVERTON,OREGON By: By: General Manager or Designee Mayor or Designee Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM District Counsel City Counsel CITY OF TIGARD By: City Manager or Designee APPROVED AS TO FORM City Counsel Page 7— Intergovernmental Agreement Exhibit A Project Location Map N11JUNV+.314 1 Z ,..4,.. 0E5 rx ›- w z � 0 wmAsciatms Q xw 1-- „III ill 0 N J CV c," = pew X 0 ›- Q vo- I— (I) a q 9T, LLN JA IS n i 1 i ;9 li Page 8— Exhibit A—Project Location Map Intergovernmental Agreement ESTIMATED CITY OF TIGARD COSTS TO CONSTRUCT WATER AND SEWER LINES TO SERVE RIVER TERRACE There is $735,000 total combined budget for the water ($345,000) and the sewer line ($390,000). The estimated cost of Tigard's portion of the water and sewer line construction is as follows: Waterline Improvements (CIP Project # 96035) Tigard's Portion is 100°o of Waterline Construction Costs $ 98,000 Internal Costs $ 37,000 External Costs (As-builts,RFI submittals,etc.) $ 5,000 Beaverton Administrative Fee @ 3% $ 3,000 Subtotal Waterline $143,000 Sewer Line Improvements (CIP Project# 93035) Tigard's Portion is 12.5%of Estimated Sewer Construction Costs Not to Exceed 5205,000 Internal Costs S 40,000 Subtotal Sewer Line $245,000 TOTAL FOR BOTH PROJECTS $388,000* * Costs associated with undefined responsibility such as clearing and grubbing, bonding and mobilization, etc. have not been included in these costs. These costs will be proportioned out to the participating partners once the contract has been awarded. Plotted by-JEFF PECK on Tuesday. 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