City Council Packet - 09/14/1993
CITY OF TIGARD
OREGON
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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. Visitor's Agenda items are asked to ba two minutes
or less. Longer matters can be set for a future Agenda by contacting either the Mayor or
the City Administrator.
Times noted are estimated: it is recommended that persons interested in testifying be
present by 7.15 p.m. to sign in on the testimony sign-in sheet. Business agenda items
can be heard in any order after 7:30 p.m.
l 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 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices
for the Deao.
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 date at the same phone numbers as listed above:
639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao.
SEE ATTACHED AGENDA
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COUNCIL AGENDA - SEPTEMBER 14, 1993 - PAGE 1
TIGARD CITY COUNCIL MEETING
SEPTEMBER 14, 1993
7 P.M.
AGENDA -
• STUDY SESSION (Town Hall Conference Room - 7 P.M.)
Council Communications/Liaison Reports
1. BUSINESS MEETING (Town Hall - 7:30 P.M.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
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2. PROCLAMATIONS:
2.1 Neighbors Make the Difference Day (September 14, 1993)
2.2 Constitution Week (September 17-23, 1993)
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
4. CONSENT AGENDA: These items are considered to be 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:
4.1 Approve Council Minutes: August 10, 17, 24, 1993
4.2 Receive and File: Council Calendar
4.3 Approve Reappointment to Budget Committee (Deborah Hinton) -
Resolution No. 93-~
4.4 Approve Contract Accepting Grant Funds from the State Marine Board for
Replacing Dock and Gangway at Cook Park - Resolution No. 93744
4.5 Local Contract Review Board:
a. Award the Contract for the Construction of the S.W. 100th
Avenue/McDonald Street Storm Drainage Project
b. Award the Contract to the Lowest Bidder for the Library Expansion
C. Award the Contract to the Lowest Bidder for the City Hall Exterior
Repair
5. COUNCIL CONSIDERATION - APPOINTMENT OF BOARD MEMBER TO THE
SOUTHEASTERN WASHINGTON COUNTY JOINT WATER AGENCY
6. NON-AGENDA ITEMS
7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session
under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations,
real property transactions, current and pending litigation issues.
8. ADJOURNMENT
=0914.93
COUNCIL AGENDA - SEPTEMBER 14, 1993 - PAGE 2
Council Agenda Item
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T I G A R D C I T Y C O U N C I L
MEETING MINUTES - SEPTEMBER 14, 1993
• Meeting was called to order at 7:01 p.m. by Mayor Protem
Fessler.
1. ROLL CALL
Council Present: Mayor Protem Judy Fessler; Councilors Wendi
Conover Hawley and Paul Hunt. Staff Present: Patrick Reilly,
City Administrator; Ed Murphy, Community Development Director;
Liz Newton, Community Relations Coordinator; Catherine
Wheatley, City Recorder; and Ty Wyman, Legal Counsel.
STUDY SESSION
Agenda Review:
• City Administrator Reilly reviewed the business agenda
with Council. Library bid was recommended to be awarded
to Michael J. Watt, Inc. with staff to negotiate a scale-
back of the project.
• Additions to the minutes, as submitted in the packet,
were noted as follows:
Councilor Hawley referred to the August 24, 1993 minutes,
Page 5, Paragraph 2, which summarized her comments during
the Consideration of the Gage Natural Area Local
Improvement District. She said notation should be made
she also made the comment that if this property did not
somehow become public property, then when the property is
sold to developers there will be people calling for
protection of the trees. This could develop into a
similar situation now being experienced with the Hart
property. In addition, Councilor Hawley asked that it be
noted that the following sentence in the last paragraph
on Page 5 be amended as follows:
(Mayor Edwards' comments) "He noted his agreement
with statements made by Councilors Schwartz, Hunt
and Hawley." (Councilor Hawley said Mayor Edwards
agreed with her comments that this could develop
into a similar situation with regard to the Hart
property.)
CITY COUNCIL MEETING MINUTES - SEPTEMBER 14, 1993 - PAGE 1
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3
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• Councilor Fessler requested the following addition to the
August 17, 1993, minutes. On Page 4, Agenda Item 5 -
Hart Property - A notation should be made that "Councilor
Fessler made a motion via a letter which died for a lack
of second." (See letter dated August 17, 1993, from Judy
Fessler to Mayor and Council on file with the packet
material.)
• Council discussed appointment of a board member to the
Southeast Washington County Interim Joint Water Agency
Board. Board Member Audrey Castile resigned several
weeks ago. There was lengthy discussion over the
appointment with regard to the Interim Agreement. There
was debate as to whether the city had fulfilled their t
obligation to appoint a previous member of the Tigard
Water District.
Councilor Hawley supported the position that the City
Council should select the appointment from the previous
Water District Board. Reasons for this position included
the fact that no basic principle (i.e., continuity
maintained through experience of previous Board member)
had changed and that the six-month agreement was still in
force.
Councilor Hunt advised he felt the City had fulfilled ,
their commitment and once the ex-board member resigned,
the City was then free to consider others for appointment
to the Joint Water Agency.
(Note: See business meeting for further consideration.)
Link/Shrauaer property issue will be coming back to the
Council for an update on September 28.
Wilsonville Transfer Station: Councilor Hunt reported that
Metro did not approve the proposed Wilsonville transfer
station. There may be opportunity for reconsideration of the
issue.
New Coat: Council authorized City Administrator Reilly to
select color of paint for the City Hall.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 14, 1993 - PAGE 2
0 0-
BUSINESS MEETING
2. PROCLAMATIONS:
2.1 Neighbors Make the Difference Day (September 14, 1993)
Key Bank Employees participated in volunteer projects in
their communities. On September 14, 800 employees
volunteered one-half day in a volunteer effort to help
others in cities across the state. Tigard's project was
the homeless shelter.
2.2 Constitution Week (September 17-23, 1993)
3. VISITOR'S AGENDA
• Mr. Rick Perkins testified with regard to the Hart
property situation. He advised he was very concerned
with property owner rights and suggested that this
conflict could have been resolved through an arbitration
process. (See a copy of Mr. Perkins statement which is
on file with the Council packet material.)
• Mr. Ed Gallaher signed up to testify for two items:
a. Billboard on Scholls Ferry - Mr. Gallaher advised
he visited with Mr. Murphy, Community Development
Director. It sounds as if progress is being made.
b. Merestone Pond - Mr. Gallaher sought assurance
the gravel road to Merestone Ponplaced there byaa
developer about two years ago would be removed.
Mr. Gallaher advised that he talked to City
Engineer Randy Wooley who is working with the
developer to have this road taken out. The
developer must remove the road but has not
committed to a date for doing so.
4. CONSENT AGENDA: Motion by Councilor Hawley, seconded by
Councilor Hunt, to approve the Consent Agenda as follows with
the note of corrections as discussed during the Study Session
to the August 17 and 24 Council minutes:
4.1 Approve Council Minutes: August 10, 17, 24, 1993 with
amendments to the August 17 and 24 minutes.
4.2 Receive and File: Council Calendar
4.3 Approve Reappointment to Budget Committee (Deborah
Hinton) - Resolution No. 93-43
4.4 Approve Contract Accepting Grant Funds from the State
Marine Board for Replacing Dock and Gangway at Cook Park
- Resolution No. 93-44
CITY COUNCIL MEETING MINUTES - SEPTEMBER 14, 1993 - PAGE 3
4.5 Local Contract Review Board:
a. Award the Contract for the Construction of the S.W.
100th Avenue/McDonald Street Storm Drainage Project
b. Award the Contract to the Lowest Bidder for the
Library Expansion
C. Award the Contract to the Lowest Bidder for the
City Hall Exterior Repair
The motion was approved by a unanimous vote of Council
present. (Mayor Protem Fessler and Councilors Hunt and Hawley
voted "Yes.")
5. COUNCII, CONSIDERATION - APPOINTMENT OF BOARD NDMER TO THE
SOUTHEASTERN WASHINGTON COUNTY JOINT WATER AGENCY
Mayor Protem Fessler introduced this agenda item. Legal
Counsel Wyman advised that legal staff is of the opinion that
the City has fulfilled its obligations with regard to the
appointment of a former member of the Tigard Water District
(TWD) and that the next appointment may be at the Council's
pleasure to appoint any person they deem fit.
Councilor Hawley reiterated her position that the appointment
be made from former TWD Board members (see Study Session
comments) as a moral obligation. She expressed concern that
perceptions would be that Tigard was reneging on the terms of
the agreement if someone other than an ex-TWD Board member was
appointed. Councilor Hawley noted the agreement was for only
six months and the purpose for appointing an ex-board member
had not changed.
Councilor Fessler called for a process check. City
Administrator Reilly confirmed that there would be no problem
if the Council delayed action on this item to a future meeting
in order to wait for full Council attendance for a decision on
this issue.
Councilor Hunt restated (see Study Session comments) that it
was his opinion that the legal and moral obligations of the
terms of the agreement with regard to this appointment had
been met by the City Council.
More discussion followed. Mayor Protem Fessler noted that she
would like to nominate Paul Hunt to the Interim Joint Water
Agency Board. Councilor Hawley advised she did not have a
preference but that she remained committed to her position
that the moral issue the principle would be to select
from the remaining ex-TWD Board members.
C CITY COUNCIL MEETING MINUTES - SEPTEMBER 14, 1993 - PAGE 4
Motion by Mayor Protem Fessler, seconded by Councilor Hunt, to
place this item on the next Council agenda.
Motion passed by a 2-1 vote. Mayor Protem Fessler and
Councilor Hunt voted "Yes"; Councilor Hawley voted "No."
Councilor Hawley noted a general concern that Council
decisions were often delayed to dates for full Council
attendance.
Motion by Mayor Protein Fessler, seconded by Councilor Hunt, to
reconsider the previous motion concerning this agenda item.
Motion was approved by a 2-0-1 vote. Mayor Protem Fessler and
Councilor Hunt voted "Yes"; Councilor Hawley abstained from
voting.
Motion by Mayor Protem Fessler, seconded by Councilor Hunt, to
nominate Paul Hunt to fill the vacancy on the Southeast
Washington County Interim Joint Water Agency Board.
Motion passed by a 2-1 vote. Mayor Protem Fessler and
Councilor Hunt voted "yes"; Councilor Hawley voted "No."
6. NON-AGENDA ITEMS
City Administrator Reilly updated Council on the progress for
the Walnut Island annexation. Council did not object to the
city hiring persons to take pro-annexation petitions around
for signatures. This work will be conducted over two to three
weekends to give the City an idea of the amount of support in
the area for annexation.
7. EXECUTIVE SESSION: The Tigard City Council went into
Executive session at 8:15 p.m. under the provisions of ORS
192.660 (1) (d), (e), & (h) to discuss labor relations, real
property transactions, current and pending litigation issues.
8. ADJOURNMENT: 8:55 p.m.
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At Vest: atherine Wheatley, ity Rec der
--Mayor, City of Tigard
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Date:
c an0914.93
CITY COUNCIL MEETING MINUTES - SEPTEMBER 14, 1993 - PAGE 5
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COMMUNITY NEWSPAPERS, INC. Legal
P.U. BOX 070 PHONC (001) 044-OW Notice Tt 7673
BEAVERTON. OREGON 97075
(L Legal Notice Advertising
*City of Tigard • ❑ Tearshaot Notice
Accounts Payable--Terry
e 13125 SW IlalI Blvd. • ❑ Duplicate Affidavit The following us ftr infanustion.PWI
Tigard, Oregon 97223-8199 agendas maybe obtabled from ft City Rocoi;& . 13125 S.W. Hall
o e Boulev;&4 T igatd, Ow-Son 972223. or by calling 639-6171.
CITY COUNCIL BUSINESS MEE71M
SEPTEMBER 14 1993
T1t3ARD CITY HAIL - ibwi i HALL, .
AFFIDAVIT OF PUBLICATION 13125 S.W. HALL BOULEVARD, TIGARD. OREGON
STATE OF OREGON, ) ca mil Mtswas Cro" Hall C=fcrasee Room) -
COUNTY OF WASHINGTON, )aa'
Judith Koehler StudyySession(7:00P.M.r
t• _ - - - - - - - - - . Agenda Review
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the-..,Ti rd -Times-------. BudinCasMeeting (7:3AP.M.):
a newspaper of general circulation as defined in ORS 193.010 • Proclainsti=
and 193.020; published aL____..TYgard __In the Cona3tut10n Week Septembw 13-23,1993
aforesaid cQynty date g; et t e Neighbors Make the Differerteo Day--Sep=nb~ 14, 1993
_lIty..C.OL1 11_Meeting.
a printed copy of which Is hereto annexed, was published In the IoW Contract Review Dowd Meeting
entire issue of said newspaper for... One. successive and Executive Session: The Tigard City Council ma g$o Into Executive Ses-
consecutive in the following issues: sion folder the pmvisions of ORS 192.660 (1) jd). (e)=&) to discuss
labor relations, real pnnperty tninr edons, ca=t and g utigation
September 9 1993 In=. . 7 1" T17673 - Publisti September 9.1993.
Subscribed and sworn to before me this ---9th-day of September OMCIAL SEAL
ROBIN A BURGESS
NOTi A PUBLIC -OREGON
Notan( blic for Oregon COMMiSSWN N0. 024552
Uv (.0UU*S.0?1 CXplmrs MAY 10.1997
My Commission Expires:
AFFIDAVIT
AGENDA ITEM NO. S ' VISITOR'S AGENDA' DATE:. 'B6ptern`er 14' '
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. 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.
Please contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME & ADDRESS TOPIC CONTACTED
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MR,
Q ender
Counci y
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PROCLAMATION
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NEIGHBORS MAKE THE DIFFERENCE DAY
3 I WHEREAS, neighbors who volunteer their time provide assistance which
can't be measured in terms of dollars, for volunteers provide a spirit of
a helping that multiplies in value when each neighbor reaches out to assist
another; and
WHEREAS, volunteers throughout the city donate their time to a wide
L~ variety of human service programs such as alcohol and drug rehabilitation
centers, senior centers, battered women's shelters, and programs- for child
abuse prevention, maternity and adoption, the developmentally disabled, '
literacy, housing for the low income citizen and the disabled, and the
homeless; and
WHEREAS, it is in the spirit of neighbor helping neighbor that Key Bank
of Oregon's 800 employees are committed to serving the communities in
which they live and work, and, to show this commitment, these employees
will leave their paid positions and collectively donate their time and talent
to volunteer in a variety of human service projects in communities
t' throughout the state on Tuesday afternoon, September 14, 1993;
t ` NOW, THEREFORE BE IT RESOLVED THAT I, -Gerald R. Edwards,
Mayor of the City of Tigard, Oregon, do hereby proclaim Tuesday,
September 14, 1993 as:
• NEIGHBORS MAKE THE DIFFERENCE DAY
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in Tigard and I urge all residents of Tigard to recognize, support and
commend these special volunteers.
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Dated this ( day of /,tL I <a_GZr-6- 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Tigard to be affixed f
fa i
'r Gerald R. Edwards, Mayor
- City of Tigard
Attest:
A-291 alto.
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City Recorder
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Counf i l &SerldA,
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" PROCLAMATION
WHEREAS, our Founding Fathers, in order to secure the blessings of
liberty for themselves and their posterity, did ordain and establish a
r Constitution for the United States of America; and
` WHEREAS, it is very important that all citizens fully understand the
provisions and principles contained in the Constitution in order to support
it, preserve it and defend it against encroachment; and
3
WHEREAS, the two hundred sixth anniversary of the signing of the
? r r Constitution provides a historic opportunity for all Americans to learn
about and recall achievements of our Founders and to reflect on the rights
and privileges of citizenship as well as its attendant responsibilities.
NOW, THEREFORE BE IT RESOLVED THAT I, Gerald R. Edwards,
Mayor of the City of Tigard, Oregon, do hereby proclaim the week of
September 17 - 23, 1993 to be
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CONSTITUTION WEEK
in the City of Tigard, and ask all citizens of our community to study the
Constitution and express gratitude for the privilege of American
+ citizenship, and to recognize the independence guaranteed to the American
people by the Constitution.
Dated this day of .1993.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City to be affixed.
Gerald R. Edwards, Mayor
City of Tigard
Attest:
I
City Recorder
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. T e LC.~ 4%~y ~`.1 LCD- I Lk(JZS
ll3 ViSi '{en
Until last week I had been following, with interest, various
newspaper accounts concerning the Hart/Englewood subdivision
dispute. After being asked by concerned neighbors, I agreed to
talk with Mrs. Hart and view the area in dispute. In addition,
I have spoken with Mrs. Harts attorney, a neighbor, reporters,
city officials, and other concerned Tigard residents. After
gathering as much information as I could my conclusion and
support clearly falls on the side of Mrs. Hart and other property
owners in this city who may fall into the same category as Mrs.
Hart. It is my opinion that Mrs. Hart, by attempting improve her
property by removing underbrush, blackberry bushes, even trees
(some off which were rotten) have come under fire from residents
in the Englewood sub-division who feel their wants should
overshadow the needs and rights of Mrs Hart who has resided in
the area for years and has paid the taxes and upkeep on her
property - not the residents of the Englewood sub-division. They
may do well to remember, if they have lived in the are long
enough, the land they now occupy was meadows and woods full of
wildlife before it was changed to accept their new homes. They,
on the other hand, are not willing to allow Mrs. Hart her right
as a property owner to make changes to her property as need be.
Having said that I also believe that Mrs. Harts responsibilities
to obtain appropriate permits as required and follow through with
those requirements is also very important. I believe she has
complied with those requirements with the exception of removal
which has been made difficult at best with the filing of
additional complaints from Englewood sub-division.
My purpose here tonight is not to review or rehash what we all
know about this dispute. Nor is it my purpose to lay blame on
the City of Tigard, Douglas Smithey, Curtis Herr, or Mrs. Hart.
It is clear that the courts are going to determine the outcome of
this dispute. The reason I am here tonight is to twofold. (1) 1
am, as many of you know, very concerned with property rights in
the city of Tigard and, in fact, all of Washington County and ask
that the council please keep property owners in mind when making
decisions regarding property rights. (2) During my conversations
with various people regarding this conflict, and especially with
Dick Brewersdorff, it is glaringly obvious that neighborhood
disputes must be approached in a new way - conversation not
litigation.
I would like to suggest to the council that an arbitration panel
be implemented to attempt to defuse these disputes before they
become a public display. It would be interesting to find out
just how much it has cost the City of Tigard and Washington
County in hours spent by employees and city officials on this one
dispute alone. Mr. Brewersdorff mentioned he had some training
in this field and my be able to give some advice on how a panel
maybe formed and operated to give citizens a sounding board to be
used before involvement of city or county employees. I believe
the savings would be substantial to the city in time and the
paperwork that must accompany these disputes.
In closing, it is my opinion that Mrs. Hart should be supported
in her attempt to continue work on her property as it is shown
that she has filed all of the permits required of her. 1 will,
along with any other concerned property owners, support Mrs. Hart
to insure right of ownership and the ability to make decisions
about that property without undue interference. Additionally, I
will offer my help to seat an arbitration panel which may indeed
prevent unfortunate and expensive situations such as this from !
happening again.
Thank You for your time.
Council Agenda Item y
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator
DATE: September 7, 1993
SUBJECT: COUNCIL CALENDAR, September - November, 1993
Official Council meetings are marked with an asterisk If generally
OK, we can proceed and make specific adjustments in the Monthly Council
Calendars.
September 193
6 Mon Labor Day Holiday (City offices closed)
* 14 Tue Council Meeting (7:00 p.m.)
Study Session
Business Meeting
* 21 Tue Council Study Meeting
CANCELLED
* 28 Tue Council Meeting (6:30 p.m.)
Study Session
Business Meeting
29 Wed Special Meeting - Joint Meeting with King City, City of
Durham, Tigard Water District Board, Joint Water Agency
Board (7 p.m.) Tentative
October '93
* 12 Tue Council Meeting (6:30 p.m.)
Study Session
Business Meeting
15-17 Fri- Council Training Session
Sun
* 19 Tue Council Study Meeting (6:30 p.m.)
Tentative
* 26 Tue Council Meeting (6:30 p.m.)
Study Session
Business Meeting
November '93
6-8 Sat- League of Oregon Cities Conference
Mon Eugene
* 9 Tue Council Meeting (6:30 p.m.)
Study Session
Business Meeting
11 Thur Veterans Day - City Hall Offices Closed
* 16 Tue Council Study Meeting (6:30 p.m.)
Tentative
* 23 Tue Council Meeting (6:30 p.m.)
Study Session
Business Meeting
25-26 Thur- Thanksgiving Holidays - City Hall Offices Closed
Fri
h:\login\cathy\cccal
t COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 14. 1993 DATE SUBMITTED: August 24.1993
ISSUE/AGENDA TITLE: Rea ointment to PREVIOUS ACTION: Original appoint--
Budget Co ittee meet on June 30_1993
PREPARED BY: Elizabeth Ann Newton
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Budget Committee
ISSUE BEF R THE COUNCIL
Reappointment of Deborah Hinton to the Budget Committee.
STAFF RECOMMENDATION
Adopt the attached Resolution approving the reappointment of Deborah Hinton
to the Budget Committee.
INFORMATION SUMMARY
Deborah Hinton has been serving on the Budget Committee since June 30, 1990.
Her term expired on June 30, 1993. She is interested in serving a second
three year term. Nothing in state law or city ordinances prohibit her
reappointment. The attached resolution, if adopted, would approve her
reappointment to a three term expiring on June 30, 1996.
PROPOSED ALTERNATIVES
1. Ado[t the attached resolution.
2. Take no action at this time.
FISCAL NOTES
COUNCIL AGENDA ITEM L!
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 9/14/93 DATE SUBMITTED: 8/9/93
ISSUE/AGENDA TITLE: Facility Grant PREVIOUS ACTION: 4/27/93 approved
Cooperative Agreement submittal of grant application
PREPARED BY: Duane Roberts
DEPT HEAD O CITY ADMIN O REQUESTED BY: Ed Murphy. CD Dir.
ISSUE BEF RE THE COUNCIL
To enter into an agreement accepting State Marine Board grant funds for the replacement of the
boat dock at Cook Park and approving the appropriation in the General Fund.
- - STAFF RECOMMENDATION
Authorize the mayor to sign the agreement and adopt the attached resolution appropriating funds.
INFORMATION SUMMARY
The State Marine Board has approved a grant of $13,012 for replacement of the Cook Park floating
dock and gangway. The existing float and gangway are in serious disrepair and need to be
replaced. The new facilities will be more handicapped accessible and will reduce the City's
potential liability under ADA standards.
A copy of the contract has been sent to the City Attorney for legal review.
Copies of the contract are available with the City recorder's office.
PROPOSED ALTERNATIVES
1. Authorize the mayor to sign the agreement.
2. Do not authorize the mayor to sign the agreement.
FISCAL NOTES
A 25% or $4,338 local match is required. The full amount has been requested from the Federal
Wallop/Breaux program. No local cash would be required if we receive these funds. The match
amount is included in the 1993/94 budget if needed.
See the attached resolution appropriating a grant awarded for replacement of the boat dock at
Cook Park.
DR/dock
• V
STATE MARINE BOARD
FACILITY GRANT COOPERATIVE AGREEMENT
This Agreement is entered into by and between the State of Oregon, acting by
and through its Marine Board, hereinafter called the "Board" and City of Tigard in
the State of Oregon hereinafter called the "Recipient".
The purpose of this Agreement ip to set forth obligations by both parties in
the development of recreational boating facilities at Cook Park Floating Dock
hereinafter called the "Project" As described in the Recipient's Facility Grant
Application to the Board. With this reference, the Application is made part of this'
Agreement. If a conflict exists between the Application and this Agreement, the i
Agreement will govern.
The Board and the Recipient are authorized under ORS Chapter 190 to enter into
cooperative agreements. Furthermore, the Board is authorized to provide grants for
boating facility projects under ORS 830.150.
The Board asserts it has sufficient Facility Grant Funds within its current
1993-95 biennial period available and has authorized expenditure on the Recipient's
project described herein.
NOW THEREFORE, the Board and the Recipient agree to the following:
1. BOARD ACTIONS
The Board shall:
A. Provide Funds. Provide grant funds in an amount not to exceed
$ 13,012 to the Recipient to partially fund the project developments as
described herein and according to OAR 250-14.
B. Plan Review. Review and approve the Recipient's final architectural and
engineering plans, specification, and cost estimates prior to project
bid advertisement or construction.
C. permits. Receive proof from the Recipient that all necessary state,
federal, and local permits or approvals have been obtained prior to
project bid advertisement or construction.
D. Performance Bond. Not distribute any funds until the Recipient
provides proof of a performance bond as described in Item II.D.
E. Final Payment. Provide funds to the Recipient in an amount not to
exceed that specified in Item I.A. upon:
1. Completion of the project; and
2. Acceptance of the project by the Recipient; and
3. Inspection and approval of the project by the Board. Appropriate
final billing documentation shall be submitted by the Recipient
along with a request for final payment.
4. Final payment will be made to the Recipient within 30 days.
F. Proiect Ownersh£rn. Recognize that the project once completed will be
the exclusive property of the Recipient.
Page 1 of 7
II. RECIPIENT'S ACTIONS
Adk The Recipient shall:
A. Contribute. Contribute at least $ 350 its equivalent in labor,
materials, or services as described in the Application.
B. Submit Plans. Submit final architectural and engineering plans,
specifications, and cost estimates to the Board for review and approval
prior to project bid advertisement or-construction.
C. Permits. Submit one copy of all permits and leases, if any, to the
Board prior to project bid advertisement or construction.
D. Performance Bond. Submit one copy of the contractors performance bond,
if other than the Recipient, in the amount of the construction contract
from a surety company authorized to do business in Oregon.
E. Construction Contract. Award, monitor, and inspect the construction
contract to assure compliance with project plans and specifications.
F. Proiect Sian. Post in a conspicuous location at the site a sign
identifying the Board's participation in the project.
G. Cost Overruns. Be responsible for all cost overruns unless otherwise
specifically agreed to in writing with the Board.
H. Final Billing. Present the Board with appropriate final project billing
documentation.
I. Proiect Compietion._ Complete the project and submit the final billing
on or before June 30, 1995.
J. Responsible for Project. Throughout the term of this Agreement be
responsible for the maintenance and operation of the project and related
facilities.
K. Allow Indiscriminate Access. Throughout the term of this Agreement
allow free and unencumbered public access to the project to all persons
without regard to race, color, religious or political beliefs, sex,
national origin, or place of primary residence.
L. User Fees. Notify and receive written Board approval of any user fees
charged for the use of the improvements described herein throughout the
term of this Agreement. Fees charged will be subject to reasonable
review and approval by the Board. General multiple use facility "day
use" entrance fees are exempt from this provision.
III. TERM OF AGREEMENT
The term of this Agreement is twenty (20) years commencing on the date of
execution by or in behalf of the Director of the Board and the Recipient.
Page 2 of 7
IV. TERMINATION PROVISIONS
The following provide for the termination and modification of this Agreement:
{ A. Termination for convenience. The Recipient may terminate this Agreement
at any time upon thirty (30) days prior written notice, delivered by
certified mail or in person to the Board provided, however, that upon
any such termination of the Agreement the Recipient shall, within thirty
(30) days of such termination, reimburse by check payable to the Board
all funds contributed by the Board to the project.
B. Termination and Modification for Good cause. The Board, at any time
upon thirty (30) days prior written notice delivered by certified mail
or in person to the Recipient, may modify or terminate this Agreement i
for good cause or may modify or terminate this Agreement should state j
regulations or guidelines be modified, changed or interpreted in such a
way that the project, or any portion of the project, is no longer
eligible for Facility Grant Funds as described in ORS 830.150.
C. Termination for Default. The Board may at any time upon thirty (30)
days prior written notice of default, delivered by.certified mail or in
person to the Recipient terminate this Agreement if:
1. The design, permitting, or construction of the project is
not pursued with due diligence; or r
2. Fee simple title to or other interest in the construction
sites is not sufficient, legal, and valid; or
3. The construction of the project is not permissible under
state, federal, or local law; or
4. The Recipient does not abide by the nondiscrimination and
affirmative action provisions of this Agreement; or
5. The Recipient, without the prior and written approval of the
Board, uses the funds provided by the Board to build any
project other than the project described in the final
architectural and engineering drawings approved by the
Board; or
6. The construction is not performed in a good and workmanlike
manner; or
7. During the term of this Agreement, the Recipient conveys the
project or the project property or converts the use of the
project or the project property to a use which precludes
free and unencumbered public access.
The Recipient shall, within thirty (30) days of its receipt of a notice
of default reimburse by check payable to the Board all funds contributed
by the Board to the project.
D. Other Rights and Remedies. The rights and remedies of the Board related
to termination for convenience, termination and modification for good
cause, and termination for default are not limited to those listed above
and are in addition to any other rights and remedies provided by law.
Page 3 of 7
r
V. FORCE MAJEURE
Neither the Board nor the Recipient shall be held responsible for delay or
C failure to perform when such act or delay or failure is due to fire, flood,
epidemic, strikes, acts of God or the public enemy, legal acts of public
authorities, or delays or defaults caused by public carriers, which cannot be
reasonably foreseen oz provided against.
VI. STANDARD CONDITIONS
The Following are the Standard Conditions of this Agreement.
A. Persons Not to Benefit. No member of or delegate to Congress, resident
commissioner, officer, agent or employee of the United States of
America, member of the Oregon Legislative Assembly, elected official of
the State of Oregon, or official, agent, or employee of the State of
Oregon, or elected member, officer, agent, or employee of any political
subdivision, municipality or municipal corporation of the State of
Oregon shall be admitted to any share or part of this Agreement or
derive any financial benefit that may arise therefrom.
B. Maintenance of Records. The Recipient agrees to maintain records of
costs reimbursed by the Board which fully document and support the
billings. All books, records, and other documents relevant to this
Agreement shall be retained for either five (5) years after the
effective date of this Agreement, or any longer period which may be
required to complete any audit or to resolve any pending audit findings.
C. Disallowed Costs. The Recipient agrees that any payment or payments
made under this Agreement shall be subject to reduction for amounts
charged thereto which are found on the basis of any audit examination
not to constitute allowable costs under this Agreement. The Recipient
shall refund by check payable to the Board the amount of such reduction
payments under the completed, modified, or terminated Agreement.
D. Accounting Procedures and Audits. The Recipient's accounting procedures
shall provide for an accurate and timely recording of receipt of funds
by source, of expenditures made from such funds, and of unexpended
balances. Controls shall be established which are adequate to ensure
that all expenditures reimbursed under this Agreement are for allowable
purposes and that documentation is readily available to verify that such
charges are accurate.
E. Right to Examine. The Recipient agrees that the Director of the Board
or any duly authorized state representative shall have access to and the
right to examine directly any books, documents,-papers, records, and
transactions of the Recipient which are directly pertinent to this
Agreement for the purposes of making audit, examination, excerpts,
transcripts or performance evaluation for a period of five (5) years
after the effective date of this Agreement.
F. Progress Payments. The Board may disperse funds in the form of progress
payments after the Recipient awards the contract for construction based
on percentage of estimated project completion. The Recipient shall
provide appropriate documentation to the Board. In no case shall the
Board dispense more than 90 percent of the funds as described in Item
I.A. as progress payments.
G. Cost Savings. Any cost savings realized after completion of the project
based on the total of Board funds Item Z.A. and Recipient contributions
Item II.A. shall be prorated based on the percent of contribution by
either party.
l
Page 4 of 7
H. overpayment. In the event that the amount of the Board's initial and
interim payments to the Recipient exceed the reimbursable expenses of
/ the final billing presented by the Recipient to the Board, the Recipient
agrees to refund the payments in excess of billing by check payable to
the Board within thirty (30) days.
I. Dual Pavmeilt. The Recipient shall not be compensated for or receive any
other form of dual payment for work performed under this Agreement from
any agency of the State of Oregon or the United States of America or any
other party.
J. Administration and Indirect Costs. The Board shall not provide any
funds described in Item I.A. to the Recipient for administration,
overhead, or indirect costs with this Agreement.
X. Expenditure of Funds by the Board. The Board, with Recipient approval
may be authorized to expend grant funds described in Item I.A. on
project developments.
L. Compliance with Applicable Law. The Recipient shall comply with all
federal, state, and local laws and ordinances applicable to the work to
be done under this Agreement.
M. Compliance with Workers Compensation- The Recipient shall require that
the contractor, its subcontractors, if any, and all employers working
under this Cooperative Agreement are subject employers under the Oregon
Workers' Compensation Law and shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage for all their
subject workers.
N. Suite Resulting from this Agreement._ To the full extent authorized by
Oregon statute, ordinance, or charter provision, the Recipient agrees to
defend, save, and hold harmless the State of Oregon and the Board, its
officers, agents, employees, and members, from all claims, suits, or
actions of whatsoever nature resulting from or arising out of the
activities or omissions of the Recipient's contractors, subcontractors,
and Recipient's agents and employees under this Agreement.
0. Attorney Fees. In the event a lawsuit of any kind is instituted by
either party to obtain performance of any kind under this Agreement, the
prevailing party may collect additional sums as the court may adjudge
for reasonable attorney fees and all costs and disbursements incurred
therein.
P. Payments by the Recipient. The Recipient agrees to:
1. Make payment promptly as due to all persons supplying labor or
materials for the project; and
2. Pay all contributions or amounts due to the State Industrial
Accident Fund on behalf of the Recipient or any of its' contractors
for liability incurred in the performance of this Agreement; and
3. Not permit any lien or claim to be file or prosecuted against the
State of Oregon, the Board, or the Recipient on account of any
labor or material furnished for the project.
Q. State Tort claims Act. Recipient is not an officer, employee, or agent
of the state as those terms are used in ORS 30.265.
VII. OTHER PROVISIONS
other provisions of this Agreement include:
i None
Page 5 of 7
VIII.BINDING AGREEMENT
The provisions of this Agreement shall be binding upon and shall inure to the
benefits of the Board and the Recipient and the respective successors and
assigns.
IX. SEVERABILITY
The Board and the Recipient agree that if any term or provision of this
Agreement is declared by a court of competent jurisdiction to be illegal or in
conflict with any law, the validity of the remaining terms and provisions
shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular term
of provision held to be invalid.
X. FAILURE TO ENFORCE
The failure of the State of Oregon to enforce any provision of this Agreement
shall not constitute a waiver by the State of Oregon of that provision or any
other provision.
XI. WAIVER OF TERMS
The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended, in any manner whatsoever, except by written
instrument signed by both the Board and the Recipient.
Page 6 of 7
XII. MERGER CLAUSE
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE BOARD AND THE
RECIPIENT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS THIS AGREEMENT
SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH THE -BOARD AND THE
RECIPIENT. 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. THE RECIPIENT, BY THE
SIGNATURE BELOW OF,ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT THE
RECIPIENT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS.
STATE OF OREGON: RECIPIENT:
Marine Board City of Tigard
BBy. ~4 j 00
Paul Donheffner
Title: Director Title:
~J -114-
Date: July
_20, 1993 Date:
Address: Ia5 SLU f+ll 151 id
TGca-rc~ t~L G7aa3
i C
Telephone: SG3-(o3cJ-Y! ~J
Federal Employer
Identification
Number: q3- C7503ggO
F:\Maggie\Letter.FRH\CTYPRTPK.AGR
C
Page 7 of 7
now-
COUNCIL AGENDA ITEM A.,
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY-LCRB
AGENDA OF: Sept. 14, 1993 DATE SUBMITTED: Sent. 1993
ISSUE/AGENDA TITLE: Authorization t REVIOUS ACTION: Authorized
award contract for 100th Ave. McDo advertising for bids July27,'93
ald St. Storm Drainage Project PREPARED BY: Grecr Berry
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEF R THE COUNCIL
Shall the Council award the contract for the construction of the SW 100th
Ave. /McDonald St. Storm Drainage Capital Improvement Project?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, award the contract to J.T
Inc. and authorize the City Administrator to sign the necessary contracts.
INFORMATION SUMMARY
The project includes the construction of a storm drain in SW McDonald St.
east of SW 100th Avenue to relieve existing drainage problems along SW 100th
Avenue and to provide for future development in the area.
The following bids were received:
J.T. Inc., Portland OR $25,078.00
Horizon Contracting, Salem OR $29,424.00
P. Miller & Sons, Sherwood OR $29,625.80
Marshall Assoc., Tualatin OR $34,772.00
Berning Const., Wilsonville OR $40,548.00
Civil Const., The Dalles OR $46,080.00
Engineer's Estimate $34,000.00
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
This project is funded by the FY 1993-94 Storm Drain Capital Improvement
Project Fund in accordance with CIP budget approved by the Council on July
f 13, 1993.
l
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY-LCRB
AGENDA OF: Sept. 14, 1993 DATE SUBMITTED: Sept. 3, 1993
ISSUE/AGENDA TITLE: Authorization t PREVIOUS ACTION: Authorized ad-
award contract for Library ExoansiofYe vertisment for bids Aucf. 10,'93
PREPARED BY: Greg BerryAW
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE REF THE COUNCIL
MOM. Shall the Council award the contract for the construction of the library
expansion?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, award the contract to the
lowest responsible bidder and authorize the City Administrator to sign the
necessary contracts.
INFORMATION SUMMARY
This project will add about 1350 square feet to the library and is designated
C as "Phase 2" of the library masterplan. Results of the Sept. 8, 1993, bid
opening will be provided to Council before the Sept. 14, 1993 meeting.
Authorization to award is being requested on a short timeline to permit
construction during dry weather.
The City Librarian reviewed the plans for this project with the Council
during the study session on August 10, 1993.
Architect's estimate: $120,000
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
This is a capital improvement project funded from the current fiscal year
budget.
MEMORANDUM . 6j ,I l
CITY OF TIGARD 0114143
TO: Randy Wooley, City Engineer September 9, 1993
FROM: Greg Berry, Project Engineer44-5
SUBJECT: Tigard Library Remodel Bid Result
On September 8th bids were opened for the Tigard Library Remodel
project. The bids were as follows:
Base Bid Alt # 1 Alt # 2
Michael J. Watt Inc.,
Portland, OR $ 151,900 -0- -0-
Lonigan Construction Co.
Beaverton, OR 158,850 -0- 1,780
Bennett Jones Const.
Hillsboro, OR 166,000 (2,000) 4,200
~!t Centrex
Tigard, OR 181,597 (1,000) 2,237 -
Rollins & Greene Builders
Portland, OR 184,000 ( 500) 2,524
First Cascade Corp.
Lake Oswego, OR 195,000 -0- -0-
Alternate #1 is the bid for not saving removed trees. Alternate #2
is the bid for a drinking fountain required by Building Code.
Since the lowest bid is not within budget, staff is currently
preparing a list of items that could be deleted from the project to
bring the project within budget. This list will be made available
to Council at the study session preceding the business meeting on
September 14, 1993
dj/C9:bld.m=
s
COUNCIL AGENDA ITEM ~I.S G
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY-LCRB
AGENDA OF: Sept. 14, 1993 DATE SUBMITTED: Sept. 3, 1993
ISSUE/AGENDA TITLE: Authorization to PREVIOUS ACTION: Authorized
award contract for City Hall Exter o advertisement for bids Aug.10193
Repair PREPARED BY: Greg Berry
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE BEFO THE COUNCIL
Shall the Council award the contract for the City Hall Exterior Repair?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, award the contract to the
lowest responsible bidder and authorize the City Administrator to sign the
necessary contracts.
INFORMATION SUMMARY
The purpose of the project is to repair leaks and protect the building
exterior from deterioration. Results of the Sept. 8, 1993, bid opening will
be provided to Council before the Sept. 14, 1993 meeting. Authorization to
award is being requested on a short timeline to permit construction during
dry weather and provide coordination with the Library Expansion project.
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
This is a capital improvement project funded from the current fiscal year
budget and carry-over funds from the previous fiscal year.
MEMORANDUM .L'. -T e,
CITY OF TIGARD (efliglg3 !T j >
TO: Randy Wooley, City Engineer September 9, 1993
FROM: Greg Berry, Project Engineerx2s
SUBJECT: City Hall Exterior Bid Results
On September 8th bids were opened for the Tigard City Hall Exterior
Repair. The bids were as follows:
F.D. Thomas, Inc., Lake Oswego, OR $ 42,350
West Coast Coating, Lake Oswego, OR 42,714
Color World, Portland, OR 59,992
Amount Budget for Exterior is: $ 58,500
Recommend awarding the contract to the low bidder, F.D. Thomas,
Inc.
dJ/GS:bld.mes
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