University of Oregon- Pacific Hwy Vision City of Tigard, Oregon 13125.SW Hall Blvd. Tigard, OR 97223
Beverly Morehouse
Office of Research Services and Administration
5219 University of Oregon
Eugene, OR 97403-5219
November 16, 2009
Dear Beverly:
It is the City's desire to extend completion of the City's Highway 99W Urban Design Vision Project
now being undertaken by the Portland Urban Architecture Research Lab (PUARL) through
February 2010. The scope of the project is significant and I fully= support taping the necessary time
to complete the project.
Thank you for your continued assistance.
Sincerely,
4v-
Ron Bunch
Community Development Director
Phone: 503.639.4171 + Fax: 503.684.7297 www.tigard-or.gov TTY Relay: 503.684.2772
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INAL
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SERVICES AGREEMENT- 15060
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This Aure8nnerd is entered into by and between City of Tigard, hereafter known as the
"CLIENT", and the State of Oregon acting by and through the Oregon State Board of Higher
Education OO behalf Ofthe University of Oregon, hereinafter referred to as "UNIVERSITY,".
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1. STATEMENT OF SERVICE
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Services ("Services") to be provided to the CLIENT by the UNIVERSITY are identified in
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ATTACHMENT A0fthis Agreement, Responsibilities OfCLIENT iDconnection with this
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Agreement are identified inEXHIBIT Aufthis Agreement.
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2. PERIOD OF AGREEMENT
This Agreement shall begin On January 1, 2QA9' and shall terminate OnNovember 30, 2009.
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Periodic adjustments to this Agreement may be made during its term when agreed upon in
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writing byboth the CLIENT and UNIVERSITY.
3. CONSIDERATION|
The CLIENT agrees tUpay the UNIVERSITY the fixed price sum Of$46`000for performance Of
the G8n/iCeS as described in EXHIBIT A. Payments are due from CLIENT within 50 days Of
receipt of invoices.
Payments are to be submitted to the UNIVERSITY administrative contact named in Article 11.
4. FUNDS AVAILABLE AND AUTHORIZED
The CLIENT certifies at the time of signing this Agreement that sufficient funds are available or
will be available and authorized for expenditure to cover all payments required under this
agreement within CLIENT'S current appropriation or limitation.
5. AMENDMENTS
This Agreement shall not be 3|t8[8d' modified, supplemented or amended, in any manner
whatsoever, except in writing and signed by both the CLIENT and the UNIVERSITY.
6. TERMINATION
| A. TERMINATION WITHOUT CAUSE
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This Aoreenlentnnoybeterrnin3tedbymutual consent ofboth p@�ieS. O[ byeither pa�yupon
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3Odoys' notic8, in writing, and delivered by certified [n8i| or in person tothe business contact
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listed in Section 11 below. If the CLIENT terminates this Agna8rO8Ot pursuant to this paragraph,
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it shall pay the UNIVERSITY for services rendered and Services performed up to the date of
termination.
B. TERMINATION WITH CAUSE
If the UNIVERSITY fails to perform any of its obligations under this Agreement within the time
and in the Dl8OOer provided, Or otherwise violates any of the feOnS of this Agreement, the
CLIENT may terminate this Agreement by giving UNIVERSITY written notice stating the [e8S0n
for the termination, }fthe CLIENT terminates pursuant tothis paragraph O.B.' the UNIVERSITY
shall be entitled to receive full payment for all services rendered and Services performed up to
the date oftermination.
0]5O6U.City ofTigard Page l
7. OWNERSHIP OF THE WORK PRODUCT
All work produced by UNIVERSITY under this Agreement shall be the property of UNIVERSITY.
UNIVERSITY grants to CLIENT a royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, any such work Product.
All work produced by CLIENT under this Agreement shall be the property of CLIENT. CLIENT
grants to UNIVERSITY a royalty-free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, any such work Product.
For work product jointly produced under this Agreement, CLIENT and UNIVERSITY shall be
joint owners and both shall be entitled to reproduce, publish or otherwise use, and to authorize
others to use, such work product.
8. NONDISCRIMINATION
The UNIVERSITY agrees to comply with all applicable federal, state, and local laws, and
regulations on nondiscrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition, or disability.
9. INSURANCE
The UNIVERSITY, as an agency of the State of Oregon, is self-insured under the provisions of
ORS Chapter 278.
10. WAIVER
The failure of the CLIENT to enforce any provision of this Agreement shall not constitute a
waiver by the CLIENT of that or any other provision of this Agreement.
11. NOTICE AND REPRESENTATIVES
Communications concerning the work to be performed under this agreement shall be sent to:
CLIENT (Technical) UNIVERSITY (Technical)
Sean Farrelly Hans Neis
Associate Planner Director of Portland Programs
City of Tigard University of Oregon Portland
13125 SW Hall Blvd 70 NW Couch Street #459
Tigard, OR 97223 Portland, OR 97209
Phone: (503) 718-2420 Phone: (503) 412-3731
Invoices and communications in regards to this Agreement shall be sent to:
CLIENT (Business) UNIVERSITY (Business)
Sean Farrelly Beverly Morehouse
Associate Planner Senior Sponsored Projects Administrator
City of Tigard Office of Research Services and Admin
13125 SW Hall Blvd 5219 University of Oregon
Tigard, OR 97223 Eugene, OR 97403-5219
Phone: (503) 718-2420 Phone: (541) 346-2508
Amendments or other changes to this Agreement will not be effective unless signed by the
UNIVERSITY, CLIENT Contracting Officers.
#15060, City of Tigard Page 2
12. ACCESS TO RECORDS
The City of Tigard, and the Federal Government if funding for the Agreement is from Federal
sources, and their duly authorized representatives shall have access to the books, documents,
papers, and records of the UNIVERSITY which are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcripts.
13. MERGER CLAUSE
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF OREGON. THIS
AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, NO
WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES.
SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. EACH PARTY, BY
THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
14. INDEMNIFICATION
Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent
acts or omissions, or those of its officers, agents, or employees to the full extent required by
law, including the Oregon Tort Claims Act, ORS Sections 30.260 through 30.300, and Article XI,
Section 7, of the Oregon Constitution, both incorporated by reference which limits UNIVERSITY
liability.
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the
Effective Date.
CLIENT�.. UNIVERSITY OF OREGON
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A r C'
Signature Signature
Craig Erosser Paula J. Ro erts, Ph.
City Manager Associate Vice President & Director,
City of Tigard Office of Research Services and
Administration
DateDate
Tax ID No. 93-0503940 Tax ID No. 48-1278531
#15060, City of Tigard Page 3
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!|i Exhibit A
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Tigard Hwy 99VVLand Use and Urban Design Vision
| Scope of Work
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| 1. Introduction — The City of Tigard's Community Development Department wishes to engage
the services of the UOiVGr3kv of Oregon's Portland Urban Architecture Research Laboratory
(PU/\F7L\ todevelop aland use/urban design vision for the pO�iODOfthe Hvvy99VVcorridor
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| vv|thin its City limits. The City's objective is to adopt, by resolution, future design and
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development principles for Hwy 9SVVtQsupport its future development ae3 "transit
| SUppOrtiV8, pnDSp8n]un' high amenity, mixed use, u[banoonidOr."
! This project shall:
A. Illustrate the potential of the Hwy SSW corridor to develop the requisite land uses at urban
intensities necessary to support regional investment in High Capacity Transit. It eh8U
provide G three-dimensional graphic representation Of the design character Of an
intensely developed, @nn8Oity'[ich. mixed use, U[b@D corridor that supports W181n]'S 2040
COOC8otP|8O�. and
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B. Serve as a City communication tool for citizen engagement efforts; evaluation of specific
sites' development potential, and evaluation 0ffuture infrastructure and public facility
needS; 8Od
C. Illustrate 1) how the corridor's aeGthetiQ1iv8bi|itvdiSgdv8rtoges can be overcome to
develop 8 place where people want tO live, vv0rk. shop, and recreate; 2\ hnvv it is
possible to incorporate "green" design elements into future corridor urban development
(tree planting and landscaping, pockets of open space; GtO[nl Vv8te[ management/
quality alternative energy, green bUi|diOgSetC.\
2. Background and Objectives — Hwy 8S\8/from downtown Portland through Tigard is
designated as @ high capacity regional corridor on the Regional Transportation Plan Map
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and the Metro 2O4OConcept Plan. The aubieotarea includes 8pp[Oxinl8te|yfour [ni|8SOf
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state Hwy 99W between the 1-5 interchange
' at the north end' and the Durham Rd/99VV
intersection to the south. This portion of Hwy 99W has some of the highest traffic volumes of
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any 5-|8O8arterial inthe state. Traffic congestion Onthe highway iS regularly identified by
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Tigard residents as one Dfthe City's main transportation problems.
Land uses along the highway are comprised of low-density, strip onnnrn8[Ci8| development
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with large areas of surface parking. There are significant areas of single-family, and some
multi-family, neSid8nU8| Uses within 8 0.25 mile 10 0.5 mile distance on either Side of the
highway.
There have been many traffic related studies and plans for the highway over the last 20
years. None ofthese efforts have specifically addressed land use, but have been Oriented
tDvv8nd improving traffic flow and capacity. Recently, in 2006 —20O7 the City of Tigard, along
with the Oregon Department of Transportation, completed the "Tigard SgVV Improvement
and Management P|8D." The plan recognized that under current conditions itionot
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accommodate future traffic d8Dl8Dd. Essentially, |@n8 related C@paCih/ improvements would
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rapidly be used up by latent demand, and widening the highway would have unacceptable
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community impacts.
! The Chv. {}D{}T' and its citizen advisory committee, sought the most financially feasible and
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community friendly alternative to address future transportation D88dS. It was decided that
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traffic demand and community livability needs would be best balanced by a combination of
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improvements including access management, intersection improvements, transit, pedestrian
and bicycle enhancements. The 99VVImprovement fkManagement Plan recommends that,
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except to improve intersection capacity and safety, and to provide room for better transit
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stops, the highway should not bewidened.
The S9VVImprovement & Management P|8O recommends that a major investment in public
transit iGthe most effective solution totraffic congestion problems on SSVV. This includes, in
� the short-term, rnUCh improved bus service and the development OfHigh Capacity Transit in
� the mid- to long-term time period. The concept of light rail On or within dOSe proximity to
99W is supported by the City of Tigard and also has support elsewhere in the region.
Furthermore, the City is participating on a variety of transportation and transit related
committees to determine the high capacity transit needs of the region. It is noteworthy that
the Hwy 98\8/ B8[burBlvd corridor was identified aeone Ofseveral light rail corridors iOthe
region's initial light rail transit plan developed in the late 1980's. With the completion of the
Milwaukie MAX Line, the Hwy 99W/Barbur Boulevard is the last corridor yet to be
developed. HOvVever, for the purposes of this StUdy, 8 specific light rail alignment will not be
assumed ordepicted (other than conceptual station 8Fe8a.)
A portion of the OOm/ntovvn Urban ReOevv8| District is adjacent to Hwy SgVV. It is important to
coordinate the Hwy 99VV Design Vision with past Downtown planning vv0rk, including the
DOvvntovvO Urban Design Vision.
3. Project Organization: The work shall be performed as a class, studio, or special
research project with 8fiO3| oUtC0nOe being 8 cohesive product. Furthermore, the project
will be undertaken by 8 rDiniDlU[n of or more qualified individuals who will consistently
devote Gsignificant amount oftheir time toitover its duration.
Other project pOintGaF88ShJUOvVS:
w The University will designate 8Project K83O8geroDd3O8|t8[O8te. ThBprefenBOCeiS
that the same Graduate Research Fellow work both the winter and spring terms.
* Meetings shall beregularly established and attended with the Project Manager or
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alternate in attendance. Firm deadlines shall b8established with the understanding
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that flexibility can be provided with adequate notice.
i ° The preference is that the work in the Spring term be organized as 8 studio,
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workshop, 0rspecial research project.
° The University shall keep track of how funds are expended, and for what purpose.
° After the project iSconop|eted' theCitySh@UhoveGO0pUnDtohinetheR}Se8nCherS
8Sprivate contractors tOundertake any needed refinement Ofthe project.
w The City and PUARL shall develop a schedule that definitively shows how the project
will becompleted within on8-1Omonth timeframe.
* PU/\RL, with the Support of the City of Tigard, will create o final research report
according to University standards.
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� The projecteh8UbethUr0Ugh|yraSe@rChedUSingnunnen}USexarnpl88OfUrbaDCOnidq[
retrofits/ redevelopment from throughout the nation to graphically illustrate the following
| onthe Hwy SBVVCorridor:
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/ A. Anoverall analysis ofthe corridor and a succinct discussion Ofthe design
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challenges that must be overcome to create the type of environment desired by
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the City. The document will include 8written deSChotionand graphics Dfthe
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area's
s priRlary existing characteristics. Especially important is @ Site analysis
| map showing area covered by bui|dingS, nDads, and parking lots;
� & Logical arrangement of future residential and commercial land uses at densities
and locations supportive ofhigh capacity transit;
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C. Massing of buildings on the corridor consistent with the designation of areas for
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specific land uses;
� D. A comfortable, safe, and attractive mixed use urban environment that fosters
pedestrian usage; and
E. Logical and effective multi-modal circulation enhancements that foster movement �
within and along the corridor, and t0and from surrounding/adjacent lands.
Key assumptions are:
1) BV2O50the corridor will b8completely built out/redeveloped and very few 0fthe
existing buildings will remain.
2) High quality High Capacity Transit will be provided within the next 10— 15 years.
3) Some surface parking will nRDl8iD, but structured parking will be prevalent.
4\ Daily travel will be primarily by transit but traffic congestion to some degree will
be an issue. Property boundaries will be reconfigured and 8asennb|8geS Of
property will occur 8Snecessary tOmaximize development potential.
5\ Some portions of the corridor will expand into transitional neighborhoods but, for
the most part, existing single-family neighborhoods will remain intact.
O) Highway width will not be expanded, except as necessary to provide some High
Capacity Transit right-of-way, and for station areas.
Process:
This project is envisioned as primarily 8 series of quick integrated, design studies
that occur over the distance Ofthe corridor. Due tOthe project SCOp8. the
researchers shall focus onquickly generating design recommendations. It is
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important t0emphasize that this project iS8cornrnUniC8tiOOt0O| th8tvvi|| beUh|izedin
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a number of subsequent communication and analysis processes. It's not intended to
be8specific design proposal.
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� 4. The following Tasks and Deliverables have been envisioned by the City ofTigard and
i PUAF<L
/ A. Study existing land use COOdhiOnS and oatb*O7S. Identify nodes and major QJrDpOnen1a of the
� CO[DDlUDity'S built character, including 8nChd8[tUFe of commercial development, the Highway
99VVvi@duCt' and such natural features aStopography.
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| Overall site analysis, nnap(s) showing area covered bvbuildings,
nJ8dS. and parking lots), accompanying graphics, and documentation report. Include
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research Ofexamples Vfurban corridor retrofits/ redevelopment from throughout the nation.
B. Drawing on the existing conditions, and the assumption of High Capacity Transit, create ''3-
D" vision of the SC8|e. form, and character $f8 recommended transit supportive urban fOnD
for the Hwy 99VVcorridor.
Deliverables:Task B AgnaphiC portrayal OfTig8rd'o portion of Hwy 9SVVdeveloped as 8
DliXBd use, high amenity, corridor urbanized 8tdensities that support High Capacity Transit.
Report shall include:
m 4uoOonoetrio/oerSpe[tiv8 d[8vviDgG. p|@O S8CtiOnS' elevations to illustrate concepts and
documentation report.
• Photographs and/n[ other graphic representation Of building and Site development
prototypes.
* Sketch up model and/or studies using digital photos of the constructed model.
n Text. tables, and charts Sh8U be used to illustrate the nature of future land uses including
building typeS. OUnoher of housing units, SquGna footage of retail, oOnOnnenCi@|'
professional, and other employment related |8Od uses.
C. Circulation and access concepts
Deliverables:Task C Graphics illustrating the relationship of proposed street system, to
include backage roads and improved connections to existing neighborhoods.
D. In collaboration with St@ff, identify three nodes/ potential HCT stations and create
visualizations 0fpotential development.
| Task D Deliverables: Sketches of building prototypes, |8ndSC3ping. conceptual p3[hiOg. and
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| str8etSC8pe8Od documentation report. Sketch-up and/or 3study Ofthe 8Fe3o using digital
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photos of the constructed models of three identified nodes along the Hwy 99W corridor.
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Photographs of building and site development prototypes are also encouraged.
5. Schedule;
The City will work with the PUARL to develop a timeframe and project management
schedule. The preliminary work plan below shows how tasks could be completed.
Winter Spring Summer
Dec Jan Feb ar Apr ay Jun Jul Aug Sep —Oct Nov
of O tasks
Pre-design
Existing Conditions HI z
Site Analysis
Drawings
Studio/Workshop
Build Models
Open House for Studio
Project
Finalize Document
— MMMMMWAMMEEM i MM
Presentations
U of O Academic Terms
Winter 2009
1/5/09-3/22/09
Spring 2009
3/29/09-6/16/09
Summer 2009
6/21/09-8/15/09
Holidays
8/16/09 — 9/15/09
6. Role of City Staff
• Hold meetings as needed and according to schedule.
• Provide review as needed and according to schedule.
• Organize public meetings.
• Provide logistical support.
• Prints of final report and graphics including, posters, will be provided by the City of
Tigard.
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