City Council Packet - 09/10/2002
Ci'Y F TIGARD
OREGON
TIGAR CITY COUNCIL
MEETING
September 10, 2002
COUNCIL MEETING WILL BE TELEVISED
H:U EAN NI E\OOCS%CCPKTI
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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Mayor's Agenda
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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 be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated: it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 o.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. 309 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684-
2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - September 10, 2002 page 1
~7
AGENDA
TIGARD CITY COUNCIL MEETING
September 10, 2002
6:30 PM
• STUDY SESSION
> DISCUSS AGENDA FOR OCTOBER 7, 2002, SPECIAL MEETING
• EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to
attend Executive Sessions, as provided by ORS 192.660(3), 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.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 8z Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications ez Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PROCLAMATIONS
2.1 Proclaim the week of September 17th as Constitution Week
eptember 7 ~~~2002//[C; iar?/RBI}-, 5 e 4l `5 an era ; ~ci Cdr f rt~v Eh
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2.2 Proclaim September 211 as Kids Day America/International
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COUNCIL AGENDA - September 10, 2002 page 2
2.3 Proclaim September 11 as Always Remember 9-11 Day
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2.4 Proclaim Week of September 231 as Race Equality Week
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• Mayor Griffith
7:40 PM
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
•
7:45 PM
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 for August 20 and 27, 2002
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Approve Budget Amendment #2 to the Fiscal Year 2002-03 Budget to Add
Wages and Benefits for an Approved Senior Library Assistant Position -
Resolution No.
I
COUNCIL AGENDA September 10, 2002 page 3
4.4 Approve Budget Amendment #3 to the Fiscal Year 2002-03 Budget to
Transfer Approved Capital Improvement Projects and Amend the Fiscal Year
2002-07 Approved Capital improvement Plan - Resolution No.
4.5 Amend City Wide Personnel Policies Regarding the Reporting of Vehicular
and/or Occupational Accidents - Resolution No.
4.6 Local Contract Review Board:
a. Award Annual Contracts for Office Supplies to Office Depot and Boise
Cascade
b. Award the Project Management Services Contract for the New Tigard
Library to Shlels Obletz Johnsen, Inc.
C. Award the Engineering Design Services Contract for the Proposed Wall
Street Local Improvement District to DeHaas & Associates
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 has voted on those items which do not need
discussion.
7:50 PM
5. VISION MID-YEAR REPORT - ACCOMPLISHMENTS UPDATE
a. Staff Report: Administration Staff
b. Council Discussion
8:20 PM
6. PUBLIC WORKS DEPARTMENT OVERVIEW
a. Staff Report: Public Works Staff
b. Council Discussion
COUNCIL AGENDA - September 10, 2002 page 4
8:50 PM
7. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE
ADOPTING CHANGES TO THE TIGARD MUNICIPAL CODE IN ORDER TO
IMPLEMENT THE TRANSPORTATION SYSTEM PLAN
a. Open Public Hearing
b. Summation by Community Development Staff
C. Public Testimony
d. Staff Recommendation
e. Council Discussion
f. Close Public Hearing
g. Consideration by Council: Ordinance No. 072,31M
Councilor: 1 move for adoption of the proposed ordinance.
Councilor: I second the motion.
Mayor: Will the City Recorder please read the number and title of the Ordinance.
City Recorder: (Reads as requested.)
Mayor Is there any discussion?
Mayor (after
discussion): Will the City Recorder please conduct a roll-call vote of Council.
City Recorder: Conducts roll call vote.
Mayor: Ordinance No. (is approved or fails) by a (unanimous or however
votes were split) vote.
9:20 PM
8. PREVIEW OF SEPTEMBER I 1TH REMEMBRANCE EVENT
a. Staff Report: Administration Staff
b. Council Discussion
9:30 PM
9. UPDATE ON SUMMER READING
a. Staff Report: Library Staff
b. Council Discussion
9:40 PM
10. UPDATE ON THE NEW LIBRARY
a. Staff Report: Library Staff
b. Council Discussion
COUNCIL AGENDA - September 10, 2002 page 5
O
9:50 PM
11. STATUS REPORT ON THE PURCHASE OF LIBRARY PROPERTY
a. Staff Report: Administration Staff
b. Council Discussion
10:00 PM
12. COUNCIL LIAISON REPORTS
10:05 PM
13. NON AGENDA ITEMS
10:10 PM
14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced Identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
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.
10:15 PM
1 S. ADIOURNMENT
I:WDM\CATHY\CCX020910.D0C
COUNCIL AGENDA - September 10, 2002 page 6
A ~i E ICI D
TIGARD CI'T'Y COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW
September 10 2002
The Study Sesston'Is held hi the Red Rode Creek Conference Room: Enter at the back of Town, Hall..The
Coundl encourages Interested citizens to attend all or part of the meeting. It the number of attendees exceeds
the capadtyf the Conference Room, the Gourd! may r►rove. the Study Session W . Town i#afl.
Study Session
> DISCUSS AGENDA FOR OCTOBER 7, 2002, SPECIAL MEETING
e Administrative Items .
Con-ected Office Depot and Boise Cascade Office Supply Contracts (Agenda Item
4.6a)
0 Executive Session
The Tigard City Council maygo Into Executive Session. If an Executive Session is called
to order, the appropriate ORS citation will be announced Identifying the applicable
statute. All discussions are confidential and those present may disclose nothing from the
Session. Representatives of the news media are allowed to attend Executive Sessions, as
provided by ORS 192.660(3), but must not disclose any information discussed. No
Executive Session may be held for the purpose of taking any final action or maidng any
final decision. Executive Sessions are closed to the public
I:IAD.%CATHY\COUNCILNOCUST%020827.DOC
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session In certain
limited situations (ORS 192.660). An "executlve'session" is defined as "ary meeting or part of
a meeting of a governing body, which Is dosed to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (1) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (1) (b) - Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660 (1) (d) - Labor negotiations. (News media can be excluded in this Instance.)
192.660 (1) (e) - Real property transaction negotiations.
192.660 (1) (t) - Exempt public records - to consider records that are "exempt by law from
public inspection." These records are specifically Identified In the Oregon
Revised Statutes.
192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce In which the
governing body Is competing with other governing bodies.
192.660 (1) (h) - Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be filed.
192.660 (1) (1) - To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief
executive officers shall be adopted by the governing body In meetings open
to the public In which there has been an opportunity for public comment.
192.660 (1) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with
private persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments. .
192.660 (1) (k)- Relates to health professional regulatory board.
I:MPACATWCOUNCIUCCLIST%020827.DOC
Agenda Item No.
Meeting of 9-2-4-02-
MINUTES
TIGARD CITY COUNCIL MEETING
September 10, 2002
Mayor Griffith called the meeting to order at 6:34 p.m.
Council Present: Mayor Griffith; Councilors Dirksen, Moore, and Scheckla
• STUDY SESSION
> DISCUSS AGENDA FOR OCTOBER 7, 2002, SPECIAL MEETING
The Council and City Manager Monahan discussed potential agenda topics
for the upcoming special meeting with the Tualatin City Council and the
Tigard-Tualatin School District. The top three discussion topics were
identified as follows:
a. New Library and school district building plans/schedules/sequence
b. Pedestrian bridge
c. Clean Water Services Master Plan
Other topics suggested were:
a. How building fees are charged - which fees are dedicated and
possible fee waivers for school district building projects
b. City of Tigard experience with juvenile cases
c. )oint use of/sharing equipment
? ADMINISTRATIVE ITEMS
a. Assistant to the City Manager Liz Newton explained a correction
made to the Office Depot and Boise Cascade office supply
contracts. Copies of the corrected contracts are on file in the City
Recorder's Office.
b. Liz Newton handed out an agenda for the 9-11 event to be held at
6:45 p.m. on September 11 in Cook Park
C. Mayor Griffith announced an ecumenical service scheduled for 7
a.m. on September 11 In Cook Park
d. City Manager Monahan told Council about the upcoming candidate
orientation scheduled for September 12 at 6:30 p.m.
e. Mr. Monahan provided a brief update on recent PERS legislation
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 1
f. Mr. Monahan provided a brief update on the police chief
recruitment
g. Mr. Monahan discussed the new library, architect, and resource
team input. Public meetings are slated for October 16 and
December 11. Five firms have been selected for interviews for the
construction manager/general contractor contract. Mr. Fields has
been notified of the City's intent to execute the purchase option.
A discussion ensued regarding the two homes and other structures
located on the property. Mr. Monahan inquired if the Council had
any objection to the City using the structures or seeing if other
agencies or individuals would be interested in moving them. He
stated that if the City could not use the buildings, they could be
offered to social service organizations and then private individuals.
The City will own the property In mid-October and would need to
remove the structures soon after. Councilor Moore stated that such
an arrangement could save the City demolition money. Councilor
Dirksen said he saw no reason not to move forward. No Council
members expressed opposition to Mr. Monahan's suggestions.
h. Mr. Monahan Initiated a discussion of the October meeting
schedule. Mayor Griffith and Councilor Moore are not able to
attend the October 22 meeting. This meeting will be cancelled. It
was suggested that the Council meet, instead, on October 29.
Councilor Moore is not available on this date; other members of
the Council agreed to check their schedules for this date.
j. Mr. Monahan noted an upcoming meeting with ODOT. It appears
that the buyer of the Zander property intends to proceed with their
project. This may mean that Shall Street can be located further
south and would allow for a better location of the pond.
Signalization, road widening, and location are some of the topics
slated for discussion at the ODOT meeting.
k. Councilor Scheckla inquired about the status of Bonita Villa. Ms.
Sydney Sherwood, a candidate for Council, was observing the study
session and responded to the question. Washington County has
taken over Bonita Villa. New landscaping and exterior upgrades are
taking place, but most improvements are occurring inside the
apartments. There is a security guard on site. Many problem
residents have moved out.
1. Councilor Scheckla inquired about the status of church on Bonita
Road. Mr. Monahan said he would check on the status of the
church.
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 2
Study Session recessed at 7:23 p.m.
6 EXECUTIVE SESSION: No Executive Session was held.
1. BUSINESS MEETING
1.1 The meeting of the Tigard City Council ez Local Contract Review Board
was called to order by Mayor Griffith at 7:32 p.m.
1.2 Council Present: Mayor Griffith, Councilors Dirksen, Moore, and Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications 8t Liaison Reports - None
1.5 Call to Council and Staff for Non-Agenda Items - None
2. PROCLAMATIONS - Mayor Griffith proclaimed the following:
2.1 Week of September 17th as Constitution Week
2.2 September 21 as Kids Day America/International
2.3 September 11 as Always Remember 9-11 Day
2.4 Week of September 23rd as Race Equality Week
3. VISITOR'S AGENDA
• Tigard High School Student Envoy, Paul Brems, addressed the Council. Mr.
Brems distributed a calendar of events and updated the Council on student
activities. A copy of the handout is on file in the City Recorder's Office.
4. CONSENT AGENDA
Motion by Councilor Moore, seconded by Councilor Dirksen to approve the
Consent Agenda as follows:
4.1 Approve Council Minutes for August 20 and 27, 2002
4.2 Receive and rile:
a. Council Calendar
b. Tentative Agenda
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 3
--M I
4.3 Approve Budget Amendment ##2 to the Fiscal Year 2002-03 Budget to
Add Wages and Benefits for an Approved Senior Library Assistant Position
- Resolution No. 02 - 55
4.4 Approve Budget Amendment ##3 to the Fiscal Year 2002-03 Budget to
Transfer Approved Capital Improvement Projects and Amend the Fiscal
Year 2002-07 Approved Capital Improvement Plan - Resolution No. 02
- 56
4.5 Amend City Wide Personnel Policies Regarding the Reporting of Vehicular
and/or Occupational Accidents - Resolution No. 02 - 57
4.6 Local Contract Review Board:
a. Award Annual Contracts for Office Supplies to Office Depot and
Boise Cascade
b. Award the Project Management Services Contract for the New
Tigard Library to Shiels Obletz Johnsen, Inc.
C. Award the Engineering Design Services Contract for the Proposed
Wall Street Local Improvement District to DeHaas 8t Associates
The motion was approved by a unanimous vote:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Scheckla - Yes
5. VISION MID-YEAR REPORT - ACCOMPLISHMENTS UPDATE
Risk Manager Loreen Mills introduced this agenda item. A PowerPoint
presentation was given and Is on file in the City Recorder's Office. Various
executive staff discussed the City's accomplishments in the areas of:
• Community Character and Quality of Life
Growth and Growth Management
• Public Safety
e Schools and Education
Transportation and Traffic
Urban and Public Services
6. PUBLIC WORKS DEPARTMENT OVERVIEW
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 4
Public Works Director Ed Wegner introduced this agenda Item. A PowerPoint
presentation was given and Is on file in the City Recorder's Office. Mr. Wegner's
presentation detailed the work performed by Public Works Department staff, and
how the department connects with the community.
7. PUBLIC HEARING (LEGISLATIVE) TO CONSIDER AN ORDINANCE
ADOPTING CHANGES TO THE TIGARD MUNICIPAL CODE IN ORDER
TO IMPLEMENT THE TRANSPORTATION SYSTEM PLAN (TSP)
a. Mayor Griffith opened the public hearing.
b. Associate Planner Julia Haiduk presented the staff report. Ms. Haiduk
gave a brief history of the item. She explained that to fully implement the
TSP, amendments to Chapter 18 of the Tigard Municipal Code were
needed. Ms. Haiduk Indicated that the amendments were designed to:
• clarify language
• implement TSP recommendations
• address Department of Land Conservation and Development
requirements related to the Transportation Planning Rule
• address Metro Regional Transportation Plan requirements
Significant changes are as follows:
• Street Width
- creating an option for a "skinnier" street of 28 feet
• Sidewalks
- requires sidewalks to be setback with planter strip with exceptions
- asks developers to identify sidewalk gaps and to remove these gaps
under certain circumstances
• Access Management
- requires developers to verify driveway designs are safe
- provided greater detail regarding driveway locations near
intersections
- if direct access Is provided onto an arterial or collector street, the
applicant may be required to mitigate any safety or traffic
management Impacts
Traf c Calming
- if there is a potential for a negative impact on existing
neighborhood streets, requires a developer to deposit funds toward
traffic calming. Funds would be returned if It Is determined that
traffic calming measures are not needed.
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 5
Ms. Hajduk listed the applicable review criteria:
Oregon's Statewide Planning Goals 1, 2 and 12; Oregon
Administrative Rule 660; Metro Regional Transportation Plan
(RTP); Comprehensive Plan Policies 1.1.1(a), 2.1.1, 8.1.1,
8.1.2, 8.1.3, 8.1.5 and 8.2.3, and Community Development
Code Chapter 18.380.020 and 18.390.060.G.
Mayor Griffith asked for clarification regarding sidewalk requirements and
whether such requirements could be appealed.
Councilor Scheckla inquired if a "skinnier" street were constructed, would
sidewalks also be narrower. Ms. Hajduk responded that the sidewalk width
was not effected by street width.
C. Public Testimony: None.
d. Staff recommended the Council adopt the proposed ordinance.
e. Mayor Griffith closed the public hearing.
f. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt
Ordinance No. 02-33
ORDINANCE NO. 02-33 - AN ORDINANCE ADOPTING
CHANGES TO THE DEVELOPMENT CODE IN ORDER TO
IMPLEMENT THE TRANSPORTATION SYSTEM PLAN
The motion was approved by a unanimous vote:
Mayor Griffith - Yes
Councilor Dirksen - Yes
Councilor Moore - Yes
Councilor Scheckla - Yes
8. PREVIEW OF SEPTEMBER 11 TM REMEMBRANCE EVENT
Assistant to the City Manager Liz Newton introduced this agenda item. Ms.
Newton advised that there would be an event to commemorate the events
September 11, 2001. The affair will be held on September 11, 2002, In Cook
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 6
r
now
Park beginning at 6:45 p.m. Music, the National Anthem, a candlelight moment
of silence, and food donations to the Oregon Food Bank are planned. The public
was invited to attend.
Mayor Griffith announced an ecumenical service scheduled for 7 a.m. on the
same day in Cook Park.
9. UPDATE ON SUMMER READING
Library Director Margaret Barnes introduced this agenda Item. A PowerPoint
presentation was given and is on file in the City Recorder's Office. Ms. Barnes
described summer reading activities and program statistics. Over 1,100
participants registered for the summer reading program.
10. UPDATE ON THE NEW LIBRARY
Library Director Margaret Barnes introduced this agenda item. A PowerPoint
presentation was given and is on file in the City Recorder's Office. Ms. Barnes
described the progress of the new library. A project update, timeline, upcoming
meetings, and ways to communicate with citizens were discussed.
Councilor Dirksen stressed the importance of citizen involvement in the process
of creating the new library and encouraged citizens to attend the October 16
community meeting to give their Input.
11. STATUS REPORT ON THE PURCHASE OF LIBRARY PROPERTY
Assistant to the City Manager Liz Newton introduced this agenda item. Ms.
Newton provided background information on the new library property. The City
has exercised its option to purchase the property and surveys and level one
environmental assessments are being finalized. Although bonds should be issued
by the State in November, funds will be available in October. The City expects to
close on the property on October 15.
12. COUNCIL LIAISON REPORTS - None.
TIGARD CITY COUNCIL MINUTES - September 10, 2002 page 7
13. NON AGENDA ITEMS - None.
14. EXECUTIVE SESSION: No Executive Session was held.
1 S. ADJOURNMENT: 9:38 p.m.
Attest:
reer Gaston, eputy City Recorder
e
or,
ate: ' OZ--
1 AADWT CAThMCCAA020910. DOC
TIGARD CITY COUNCIL MINUTES September 10, 2002 page 8
COMMUNITY NEWSPAPERS Legal
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Counca! Wili L receive a zecommendation frbtri ttie Planiung:
CommasseoiL _ ' ~ : F ti LP7 e- N
l'utilic oral ors wntten teSti nony is invited The ic heac'ings on
AFFIDAVIT OF P this. matter wilt be conducted m accoedie'vcntli C 1S 390 of
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STATE OF OREGON, ) SS. Cbunc> l andvailablo at Cityiall tithe rules of procedure set,fotth
COUNTY OF WASHINGTON,) in.SectionalS 3906QE
Further tnforms3toon may be obtained from the City df Tigard
i, Kathy riy~ r Plannmg i9iv><ston at 13125 SW Hall 131vd , T><gard, Qregon 97223 or
Director, or principal cle k, of th®T~a-g.. in 50 ,6 ~r41yI tom! s fi Y,! La k h x4:~ ~j, ' rfL;~=, , ink TV
a newspaper of general circulation as d ZONE.(g
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aforesaid county and state; that the Y3EQU S1"~ F3 , ~ Ti 1 eh 4 ~'Ct
Public Hearing/BOA 0 $
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a printed copy of which is hereto annexe adbpted ryr'!2002.;,,
entire issue of said newspaper for nri State of Ure~oh Trans~itsrtation; P1 g Rules Y1 R) ,~vhicl„
include provision o st"ty streets... e Spew fic coe jMdtto?IIIi meetp',
consecutive in the following issues: m~ inolttde .18s120,` l$ 3b0, : T8 520,,,;=18 $30,x} 1S 705
18:745 and.1S;>lYU'`LOC~itH'T®iV ~Cityvride ~f3NE f~~Pi~A -ry:l
Auaust 22 2002 Cifjtwitle PLIICAAIL ,Rirf't ~v CRI'Y15~,IIA Statevvidv
Planning goals i, 2 and,I2 Qreoe;esdminiatr~atiixe;Rule (OAR) ~60t I
Ivletro Rejinnal Tisnsportatt + Plan, Corriprehensiye Pluie t
Policids 1.;1 1(z~y,';2 1 1, ,tt1 I, `B;Ik Z, 81 3, 8 1 5• 'and 8`2 3 and ~ ~
Community ,Devc16pin ;Code Ct epters it 18 38b 020, and
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TT 10127 ; Fublish Au t '
Subscribed and sworn to a ore me this s t , i ii u t `
0 OFFICIAL SEAL
r ROBIN A BURGESS
N Public for Oregon NOTARY PUBLIC-OREGON
COMMISSION NO. 344589
My Commission Expires: MY COMMISSION EXPIRES MAY 16.2005
AFFIDAVIT -
City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1, -(I n vI ' ICs 1'2 1e e , being first duly sworn (or affmned), by
oath (or affn7nation), depose and say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) 33 , which were adopted at
the City Council meeting of T- f ` ocz , with a copy(s) of said
Ordinance(s) being her to attached and by reference made a part hereof, on the
day of .S-c em A -A , 2012-.
1. Tigard City Hall, 13.125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon
Signature of Person who Performed Posting
Subscri ed and sworn (or affirmed) before me this day of
20 vim.
i
OFFICIAL SEAL Signature of Notary P is for Oregon
7 ^ DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 326578
MY COMMISSION EXPIRES SEPT. 07, 2003
\\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING -ORDINANCE.DOC
Attachment 1
CITY OF TIGARD, OREGON
ORDINANCE NO.02--a
AN ORDINANCE ADOPTING CHANGES TO THE DEVELOPMENT CODE IN ORDER
TO IMPLEMENT THE TRANSPORTATION SYSTEM PLAN (TSP).
WHEREAS, the TSP was developed with the help of a 12 member citizen Task Force and
addressed Transportation Planning Rule (TPR) requirements, Metro's Regional Transportation Plan
(RTP) updates and the City needs; and
WHEREAS, Tigard adopted its Transportation System Plan in January 2002 with the intent to
return at a later date with amendments to the development code; and
WHEREAS, the TSP is not fully implemented until changes have been made to the development
code; and
WHEREAS, development code changes have been prepared which implement the TSP
recommendations, address TPR narrow street requirements and clarify existing code language as
shown in Exhibits A-1 through A4; and
WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance
with the City standards, on August 5, 2002 and voted to forward the amendments to the City
Council, and
WHEREAS, the Citizen Involvement Team was informed of the proposed changes and of the City
Council hearing at its September 5, 2002 meeting; and
WHEREAS, the City Council held a public hearing on September 10, 2002, which was noticed in
accordance with City standards, and voted to approve the TSP and Comprehensive Plan changes
proposed, and
WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning
Goals #1, #2, and #12; OAP. 660; the Regional Transportation Plan, Comprehensive Plan policies
1.1.1(a), 2.1.1, 8.1.1, 8.1.2, 8.1.3, 8.1.5 and 8.2.3 and Community Development Code chapter
18.380.020 and 18.390.060.G as detailed in the TPR compliance matrix (Exhibit B) and the staff
report/Planning Commission recommendation (Exhibit C),
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The attached Development Code Changes (Exhibit A-1 through A-4) are
adopted based on the findings in the staff report and the supplemental TPR
compliance matrix.
ORDINANCE NO.02- 33 _
Page 1 of 2 (updated 8/19/02 12:17 PM)
SECTION 2: If any section of the TSP or resulting Development Code changes trigger a
Measure 7 claim, the City may make a determination regarding whether the TSP
or Development Code provision should be applied on a case by case basis.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By 4 JI21ni'l puSiote of all Council members present after being read by number
and title only, this day of 5=6= r-- , 2002.
Greer A. Gaston, Deputy City Recorder
APPROVED: By Tigard City Council this 1016 day of 1547m kzx- , 2002.
I% Iliad's
Iran gap-- I
es E. Gri th, May
Approved as to form:
Ci Attorney
!I IL 0(0z
Date
i:\lrpln\julia\TSP\implementation\cc packet\TSP implementation ord.doc
ORDINANCE NO. 02-
Page 2 of 2 (updated 8/19/02 10:15 AM)
Exhibit A-1
Chapter 18.705
ACCESS, EGRESS, AND CIRCULATION
Sections:
18.705.010 Purpose
18.705.020 Applicability of Provisions
18.705.030 General Provisions
18.705.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient
vehicle access and egress on a site and for general circulation within the site.
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and
to a change of use which increases the on-site parking or loading requirements or which changes
the access requirements.
B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge
the use to which the lot or building is put, thereby increasing access and egress requirements, it is
unlawful and is a violation of this title to begin or maintain such altered use until the provisions of
this chapter have been met if required or until the appropriate approval authority has approved the
change.
C. When site design review is not required. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall r.l l rove, approve with conditions, or deny
an access plan submitted under the provisions of this chapter in conjunction with another permit or
land use action.
D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not
apply where they conflict with the subdivision rules and standards of this title.
18.705.030 General Provisions
A. Continuing obligation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
B. Access plan requirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and circulation
requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide
the applicant with detailed information about this submission requirement.
C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly
the same access and egress when the combined access and egress of both uses, structures, or
parcels of land satisfies the combined requirements as designated in this title, provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use; and
Proposed Development Code changes to implement the TSP Page I
e
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City.
D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.030i shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
F. Required walkway location. On-site pedestrian walkways shall comply with the following
standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways shall be constructed between new and existing
developments and neighboring developments;
2. Within all attached housing (except two-family dwellings) and. multi-family developments,
each residential dwelling shall be connected by walkway to the vehicular parking area, and
common open space and recreation facilities;
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum 6-inch vertical
separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian
crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate
landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall
be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as
mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA
standards;
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety
purposes. Soft-surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
G. Inadequate or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed:
a. Would cause or increase existing hazardous traffic conditions; or
b. Would provide inadequate access for emergency vehicles; or
c. Would in any other way cause hazardous conditions to exist which would constitute a
clear and present danger to the public health, safety, and general welfare.
2. Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to collector or arterial streets shall be considered only
Proposed Development Code changes to implement the T'SP Page 2
if there is no practical alternative way to access the site. If._direct-_a..ccess_.is__i?ermitted_._by__the
Cam, the will be reauired to. milglLe for a _safety ouelhlzQrhQns~-ftie
management (NTM) m acs is deemed a~ livable b th__-_City _Engineer. This may include, but
will-not-be_.lim t_tdjo ..Qnstructi4n_af~,Y hi~le~urnar4un ~~the i e to_eliminate_.the n~eesi
foxa.v_ehicle_to-bacl-.ut-onto--ihesoa ay._,
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-family
and duplex dwellings are exempt from this requirement.
H_- Access M_. anagemett
1_An,acc-css xeu-Qxt shall_be submixted with_all new! dcYelQn eut. r gsals-wbichverifies design
9.£ cljjy- aY-and_str-vas-are_saf_e by~neetin ndcauate_stacking negds._sightsli~tanee~nd
&cAerationstan_dards_as sd-byS2DQT, WashingtQn_Couuty thhe-Citx end AASLLTQ
fdemdingon_iurisdiction9_f fa-cili
2. Driveways shall not be_rmitted to be placed in the influence area of collector or_arterial street
intersections Influence area of intersections is that area where queues of traffic commonly
fo~n Qn~_an~xs~-ach_tQan_intersection.~Tlae_aminiznum_dri_vow.ay~etliack.frs~na_a_cs~lle~tax or- -
~zteAaLstLLe~e~inter~ectionshalLb_e_L5~_rne~uced.fr9m the rieht~~ ~y_line~f the
intersectin street cztheshtQat ofthe u9 se .&iv_ewa~Ihe_setbaclc_n~ y~Ze.grcnte~
s nendix> ~au4n~la~inlluense area as_de~e~mizted~roan_~itx~n>saneer revie~%sifa_traf 1_C'_i Ract
rermo~ub_mnitted by the_ autzlicant'~ _tcaff csnQitxe~r ic~.a_case where a nr.Qies~-htias les~than_i SQ
feet of street frontagesshe applicant must explore any option for shared access with the adjacent
parcel. If shard-appgms is not possible or practical the dr_iyeway shall be placed as fat fromtbe
intersection as -possible.
3-She-min imunas>2acint; ol=driYe_w_ay~_And stiQe~s clan ~_colle tor~hall be 200 fQe~._ k►c
minimum_snacin>w Qfslaiv~ways aztdsxre~tsolo_n a eri Lsb 1Lb~_b94_fe .
4.---Th-c-minimnurz-stzacint;_of kcal stmassLcu .alQCaL~tceex_shall_be 5 t.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units
on individual lots and multi-family residential uses shall not be less than as provided in Table
18.705.1 and Table 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE 6 OR FEWER UNITS
Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement
Unit/Lots Driveways Required Width
1 or 2 1 15' 10'
3-6 1 20' 20'
Proposed Development Code changes to implement the TSP Page 3
TABLE 18.705.2
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTI-FAMILY RESIDENTIAL USE
Dwelling Units Minimum Number of Minimum Access Minimum Pavement
Driveways Required Required Sidewalks Etc.
1-2 1 15' 10'
3-19 1 30' 24' if two-way, 15' if
one-way: Curbs and 5'
walkway required
2049 1 30' 24' if two-way
or
2 30' 15' if one-way: Curbs and
5' walkway required
50-100 2 30' 24' Curbs and 5' walkway
required
2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground
floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the
dwelling units;
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
4. Access drives in excess of 150 feet in length shall be provided with approved provisions for
the turning around of fire apparatus by one of the following:
a. A circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
b. A hammerhead-configured, paved surface with each leg of the hammerhead having a
minimum depth of 40 feet and a minimum width of 20 feet;.
c. The maximum cross slope of a required turnaround is 5%.
5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on driveways in
excess of 200 feet in length;
6. Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
J. Minimum access requirements for commercial and industrial use.
1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than
21 as provided in Table 18.705.3;
Proposed Development Code changes to implement the TSP Page 4
TABLE 18.705.3
VEI-HCULAR ACCESS/EGRESS REQUIREMENTS:
COMMERCIAL AND INDUSTRIAL USES
Required Parking Minimum Number of Minimum Access Minimum Pavement
Spaces Driveways Required Width
0-99 1 30' 24' curbs required
100+ 2 30' 24' curbs required
or
1 50' 40' curbs required
2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to
within 50 feet of the primary ground floor entrances;
3. Additional requirements for truck traffic may be placed as conditions of site development
review.
K. One-way vehicular access points. Where a proposed parking facility indicates only one-way
traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the
entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated
farthest from oncoming traffic.
L. Director's authority to restrict access. The Director has the authority to restrict access when the
need to do so is dictated by one or more of the following conditions:
1. To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would:
a. Cause or increase existing hazardous traffic conditions; or
b. Provide inadequate access for emergency vehicles; or
c. Cause hazardous conditions to exist which would constitute a clear and present danger to
the public health, safety, and general welfare.
i
i
2. To eliminate the need to use public streets for movements between commercial or industrial
+ properties, parking areas shall be designed to connect with parking areas on adjacent
properties unless not feasible. The Director shall require access easements between properties
where necessary to provide for parking area connections;
3. To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide
efficient sidewalk and/or pathway connections, as feasible, between neighboring developments
or land uses;
4. A decision by the Director per 18.705.030 K.1.-3. above may be appealed by means of a Type
II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020 C3
Proposed Development Code changes to implement the TSP Page 5
Exhibit ~►-a
Chapter 18.730
EXCEPTIONS TO DEVELOPMENT STANDARDS
Sections:
18.730.010 Purpose
18.730.020 Exceptions to Building Height Limitations
18.730.030 Zero Lot Line Setback Standards
18.730.040 Additional Setback Requirements
18.730.050 Miscellaneous Requirements and Exceptions
18.730.010 Purpose
A. Purpose. The purpose of this chapter is to present exceptions to the height and setback standards
which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530.
Flexible and/or more stringent setback standards are designed to allow for the maximum use of
land and to allow for a varied building layout pattern while ensuring there will be adequate open
space, light, air and distance between buildings to protect public health and safety.
18.730.020 Exceptions to Building Height Limitations
A. Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator
shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects
not used for human occupancy, are not subject to the building height limitations of this title.
B. Building height exceptions. Any building located in a non-residential zone may be built to a
maximum height of 75 feet; provided:
1. The total floor area of the building does not exceed 1-1/2 times the area of the site;
2. The yard dimensions in each case are equal to at least 1/2 of the building height of the primary
structure; and
3. The structure is not abutting a residential zoning district.
C. Building heights and flag lots.
1. Limitations on the placement of residential structures on flag lots apply when any of the
following exist:
a. A flag lot was created prior to April 15, 1985;
i
b. A flag lot is created after April 15, 1985 by an approved partition; or
c. A flag lot is created by the approval of a subdivision and the flag lot is located on the
periphery of the subdivision so that the lot adjoins other residentially-zoned land.
2. The maximum height for an attached or detached single-family, duplex, or multiple-family
residential structure on a flag lot or a lot having sole access from an accessway, private drive or
easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be
2-1/2 stories or 35 feet, whichever is less, provided:
Proposed Development Code changes to implement the TSP Page 6
a. The proposed dwelling otherwise complies with the applicable dimensional requirements of
the zoning district;
b. A 10 feet side yard will be preserved;
c. A residential structure on any abutting lot either is located 50 feet or more from the nearest
point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in
height on any abutting lot; and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abutting lot unless the proposal includes an agreement to plant trees capable of
mitigating direct views, or that such trees exist and will be preserved.
3. Where an agreement is made to plant trees capable of mitigating direct views, the agreement
shall be deemed a condition of approval under the provisions of Section 18.390.030 D.
4. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review,
for three or more attached units or a multiple-family residential structure, or, at the time of
issuance of building permits, for single detached units, one duplex or two attached residential
units.
18.730.030 Zero Lot Line Setback Standards
A. Applicability and limitations. The provisions of this chapter apply to the R4.5 and R-7 zoning
districts and are limited to single-family detached dwelling units. The provisions of this chapter
shall be applied in conjunction with:
1. An application for planned development approval under the provisions of Chapter 18.350,
Planned Development;
2. An application for subdivision approval under the provisions of Chapter 18.430, Subdivision;
or
3. An application for partitioning approval under the provisions of Chapter 18.420, Partition.
B. Approval criteria and conditions.
1. The approval authority shall approve, approve with conditions or deny an application for a zero
lot line development based on findings that:
a. There shall be a 10-foot separation between each residential dwelling structure or garage;
b. No residential dwelling shall be placed on a lot line which is common to a lot line which is
not a part of the overall development;
c. No structure shall be placed on a lot line which is common to a public or private road right-
of-way or easement line; and
i
d. A five-foot non-exclusive maintenance easement shall be delineated on the plan for each lot
having a zero setback area:
Proposed Development Code changes to implement the TSP Page 7
(1) The easement shall be on the adjacent lot and shall describe the maintenance
requirements for the zero lot line wall, or deed restrictions must be submitted with the
preliminary plat which addresses the maintenance requirements for the zero setback
wall of the detached dwellings; and
(2) The easement shall be recorded with Washington County and submitted to the City
with the recorded final plat prior to the issuance of any building permits within the
development.
2. The approval authority requires the following conditions to be satisfied:
a. Deed restrictions shall be recorded with Washington County which ensure that:
(1) The 10-foot separation between the residential structures shall remain in perpetuity;
and
(2) The 10-foot separation between the residential structures shall be maintained free from
any obstructions other than:
(a) The eaves of the structure;
(b) A chimney which may encroach into the setback area by not more than two feet;
(c) A swimming pool;
(d) Normal landscaping; or
(e) A garden wall or fence equipped with a gate for emergency access and
maintenance purposes.
b. Easements shall be granted where any portion of the structure or architectural feature
projects over a property line; and
c. The maximum lot coverage for zero lot line shall not exceed the maximum lot coverage for
the base zone.
C. Application submission requirements. All applications shall be made on forms provided by the
Director in accordance with Chapter 18.350, Planned Developments, Chapter 18.430,
Subdivisions, or Chapter 18.420, Partitions, and shall be accompanied by:
1. Copies of the plat plan indicating building and easement location and dimensions, and
necessary data or narrative which explains how the development conforms to the standards;
2. A list of names and addresses of all property owners of record immediately abutting the site;
3. All other requirements of Chapters 18.350, 18.430 and 18.420 shall apply.
18.730.040 Additional Setback Requirements
~
A. Additional setback from speei€ roadways. To a ea light, and sight a:°•°nee -n,1
to-pFetesE health, safiaty-, and e
distan'e fief" the eentefline ofthe stfpet
Proposed Development Code changes to implement the TSP Page 8
M I =~~J
Where the stfeet is fiet ifnpFaved, the ffieaSUFemefit shall be made at right angles fi;gm the
eR*flifte9 a nl eXtensien of the ..tweet tight of ...a...
1. AAefta] 9.1fe The e Fed sett..nek is
dro'tanacty d by '1'$tcr nct c 1..s the ..«V°v., a e°-i°vquiicev- v- the ria~- zvirb iai-= Pzar-zvrror~rrrli a d' 4steBCC ....».,»...ed » from the
from the
nterl:ne ..f tl'e street a ent..:ned in T..l.le 18.730.1.
t g e&Reetep-& etfi
is the sethaek distanee required by the z g district plus 30 f et m red fwem the eenterl:«a
of the street n ntaine`l in Table 1 Q 72A 1
TABLE 18.7-30.1
SW Pasi- ie High 'ay (within City € ifFita) cn feet
SW 71~rrrl' Yei sad 45 feet
SW Seholls FeFf-y Read (exeept between its
inter-seetiens with Old Sehells Fe" Read) 50 feet
SW DuFham Read (between Hall Betflevafd and
Upper- Beene eFff) 45 f et
SW Upper Deenes'NeFFy Read 46 f et
SW Ash Aa 30 feet
" Haines (east 468th Avenue) -30 ~
SW Atlanta (west of 68th Avenue) 30 feet
Beef Bend Deal 30 feet
SW Befifta Read 30 feet
SW BullMountain Read 30 feet
Dumhafn etfeet 38 €eet
SW Gaseade Beal rd 40 feet
SW Ge.„.«er etweet Zn feet
~rrrrracreia1 r~
SW IIur-hafn Read (betweenFaoifte Highway and
Hall Boulevard) 30 feet
SW Ranl.l:rr n emtweet 30 feet
o,.-r~rrr~-
SW GaareeStfeet 30 feet
SW Gra;it Avenue met
S1x7nW G;eerburg read 30 feet
SW Hunziker Read 'n feet
SW Main Stfeet RA feet
SW McDenala Stfeet 30 feet
SW Mur-deek StFeet -~0A feet
7 Ne valreta Avenue 30 feet
7iS Oak (west of Hal1 De.. w.7) 10 feet
0717 DC fFle Str°et 30 f et
SIA7 eartt~erct-reef{An €t lent 11\ Zn C et
a~--~tver,ei}t - between
SW retells CeFfy (between :t..:nter..eetiens with
v ~n feet
Old Sehells Fefr-y Read)
Proposed Devalopment Code changes to implement the TSP Page 9
it
TABLE 18.730.1 (GONIT-)
-0- 11-N A i G ATTER ill E SXTR A G DT. ~DE. MT. NT--S
Rlequkemenl
SW SummaF eld Drive 30-€eet
SW TieA----- I A - ; --.Ie 30 feet
SW Tigard StFeet 30 feet
SW Walnut Street 3,00-€eee4f
SVi' 68th Avenue 30 feet
SW 68th Avenue (south of Peeile Highw#y) 30 fe
SW -70th Avenue(seuth of Pasile ligh%%59 30 feet
SW :72nad-A,.vnue 30 feet
SW 47th Avenue 30zeet
SW 98th A-venue 30 feet
SW 110th Avenue 30 feet
SW 121st Avenue 30 feet
Planned, SW Dat-tmeuth to Pfa€f}e eenneetien ~n c
Planned, SW Hampton to 69th (westedy leep ad) 39-€eet
3- The minimum yard requirement shall be increased in the event a yard abuts a street having a right-
of-way width less than required by its functional classification on the City's transportation plan map
and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the
projected road width as shown on the transportation map.
4. The minimum distanee from the wall of a" stmeture te the eenter4ine ef an abliaing heweiyr, shall net be less than plus the yard required by the zone Th-- --eN4sien shall
net apply to rights of way e f 50 feet , t idt
B. Distance between multi-family residential structure and other structures on site
1. To provide privacy, light, air, and access to the multiple and attached residential dwellings
within a development, the following separations shall apply:
a. Buildings with windowed walls facing buildings with windowed walls shall have a 25-foot
separation;
b. Buildings with windowed walls facing buildings with a blank wall shall have a 15-foot
separation;
c. Buildings with opposing blank walls shall have a 10-foot separation;
d. Building separation shall also apply to buildings having projections such as balconies, bay
windows and room projections; and
e. Buildings with courtyards to maintain separation of opposing walls as listed in Subsections
1-3 above for walls in separate buildings.
Proposed Development Code changes to implement the TSP Page 10
2. Where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the
minimum wall separation shall be one foot for each 15 feet of building length over 50 feet and
two feet for each 10 feet of building height over 30 feet.
3. Driveways, parking lots, and common or public walkways shall maintain the following
separation for dwelling units within eight feet of the ground level:
a. Driveways and parking lots shall be separated from windowed walls by at least eight feet;
walkways running parallel to the face of the structures shall be separated by at least five
feet; and
b. Driveways and parking lots shall be separated from living room windows by at least 10
feet; walkways running parallel to the face of the structure shall be separated by at least
seven feet.
C. When no yard setback is required. In zoning districts where a side yard or a rear yard setback is
not required, a structure which is not to be built on the property line shall be set back from the
property line by a distance in accordance with the Uniform Building Code requirements:
18.730.050 Miscellaneous Requirements and Exceptions
A. When abutting properties have non-conforming front setbacks If there are dwellings on both
abutting lots with front yard depths less than the required depth for the zone, the depth of the front
yard for the intervening lot need not exceed the average depth of the front yards of the abutting
lots.
B. When one abutting _property has a non-conforming front setback If there is a dwelling on one
abutting lot with a front yard of less depth than the required depth for the zone, the front yard for
the lot need not exceed a depth one-half way between the depth of the abutting lot and the required
front yard depth.
C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or
commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a
residential zone subject to the following:
1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance
area of a driveway which would obstruct vision from an adjacent driveway or street;
2. No such unit shall be used for dwelling purposes except that one camper, house trailer or
recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on
r land entirely owned by or leased to the host person for a period not to exceed 14 days in one
calendar year, provided that such unit shall not be connected to any utility, other than
temporary electricity hookups and provided that the host person shall receive no compensation
Ij for such occupancy or use;
3. Any such unit parked in the front yard shall have current state license plates or registration and
must be kept in mobile condition.
D. Projections into required yards.
Proposed Development Code changes to implement the T'SP Page 11
1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or
project into a required yard not more than 36 inches provided the width of such yard is not
reduced to less than three feet;
2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet
provided the width or such yard is not reduced to less than three feet;
3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof
or canopy, may extend or project into a required rear or side yard provided such natural yard
area is not reduced to less than three feet and the deck is screened from abutting properties.
Porches may extend into a required front yard not more than 36 inches;
4. Unroofed landings and stairs may project into required front or rear yards only.
E. Lot area for flag lots.
1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning
district;
2. The lot area shall be provided entirely within the building site area exclusive of any accessway
(see figure following).
AREA NOT INCLUDED
IN LOT AREA
L
1
F. Front yard determination. The owner or developer of a flag lot may determine the location of the
front yard, provided no side yard setback area is less than 10 feet and provided the requirements
of Section 18.730.0100, Building Heights and Flag Lots, are satisfied.
Proposed Development Code changes to implement the TSP Page 12
1 =1111 MINE, 11111MINIM111111MMM
3
Chapter 18.810 exhibit
STREET AND UTILITY IMPROVEMENT STANDARDS
Sections:
18.810.010 Purpose
18.810.020 General Provisions
18.810.030 Streets
18.810.040 Blocks
18.810.050 Easements
18.810.060 Lots
18.810.070 Sidewalks
18.810.080 Public Use Areas
18.810.090 Sanitary Sewers
18.810.100 Storm Drainage
18.810.110 Bikeways and Pedestrian Pathways
18.810.120 Utilities
18.810.130 Cash or Bond Required
18.810.140 Monuments
18.810.150 Installation Prerequisite
18.810.160 Installation Conformation
18.810.170 Plan Check
18.810.180 Notice to City
18.810.190 City Inspection
18.810.200 Engineer's Certification
18.810.210 Completion Requirements
18.810.010 Purpose
A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and drainage.
18.810.020 General Provisions
A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets,
sidewalks, curbs and other public improvements shall occur in accordance with the standards of this
title. No development may occur and no land use application may be approved unless the public
facilities related to development comply with the public facility requirements established in this
section and adequate public facilities are available. Applicants may be required to dedicate land
and build required public improvements only when the required exaction is directly related to and
roughly proportional to the impnc~ of the development.
B. Standard specifications. The City .sngineer shall establish standard specifications consistent with
the application of engineering principles.
C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to
this chapter.
D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be
granted by means of a Type II procedure, as governed by Section 18.390.040, using approval
criteria in Section 18.370.030 C9. (Ord. 99-22)
E. Except as provided in Section 18.810.030S, as used in this chapter, the term "streets" shall mean
Proposed Development Code changes to implement the TSP Page 13
"public streets" unless an adjustment under Section 18.810.020.13 is allowed. (Ord. 99-22)
18.810.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access to a public
street.
2. No development shall occur unless streets within the development meet the standards of this
chapter.
3. No development shall occur unless the streets adjacent to the development meet the standards
of this chapter, provided, however, that a development may be approved if the adjacent street
does not meet the standards but half-street improvements meeting the standards of this title are
constructed adjacent to the development.
4 Any new street or additional street width planned as a portion of an existing street shall meet
the standards of this chapter; .
5. If the City could and would otherwise require the applicant to provide street improvements, the
City Engineer may accept a future improvements guarantee in lieu of street improvements if
one or more of the following conditions exist:
a. A partial improvement is not feasible due to the inability to achieve proper design
standards;
b. A partial improvement may create a potential safety hazard to motorists or pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely that street
improvements would be extended in the foreseeable future and the improvement associated
with the project under review does not, by itself, provide a significant improvement to
street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement plan;
e. The improvement is associated with an approved land partition on property zoned
residential and the proposed land partition does not create any new streets; or
f. Additional planning work is required to define the appropriate design standards for the
street and the application is for a project which would contribute only a minor portion of
the anticipated future traffic on the street.
6. The standards of this chapter include the standard specifications adopted by the City Engineer
pursuant to Section 18.810.020.B.
7. The approval authority may approve adjustments to the standards of this chapter if compliance
with the standards would result in an adverse impact on natural features such as wetlands, steep
slopes, or existing mature trees. The approval authority may also approve adjustments to the
standards of this chapter if compliance with the standards would have a substantial adverse
impact on existing development or would preclude development on the property where the
development is proposed. In approving an adjustment to the standards, the approval authority
Proposed Development Code changes to implement the TSP Page 14
shall balance the benefit of the adjustment with the impact on the public interest represented by
the standards. In evaluating the impact on the public interest, the approval authority shall
consider the criteria listed in Section 18.810.030 E.1. An adjustment to the standards may not
be granted if the adjustment would risk public safety.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through
the approval of a final subdivision plat or major partition; however, the Council may approve the
creation of a street by zcceptance of a deed, provided that such street is deemed essential by the
Council for the purpose of general traffic circulation:
1. The Council may approve the creation of a street by deed of dedication without full compliance
with the regulations applicable to subdivisions or major partitions if any one or more of the
following conditions are found by the Council to be present:
a. Establishment of a street is initiated by the Council and is found to be essential for the
purpose of general traffic circulation, and partitioning or subdivision of land has an
incidental effect rather than being the primary objective in establishing the road or street for
public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre
or less and such dedication is recommended by the Commission to the Council based on a
finding that the proposal is not an attempt to evade the provisions of this title governing the
control of subdivisions or major partitions.
2. With each application for approval of a road or street right-of-way not in full compliance with
the regulations applicable to the standards, the proposed dedication shall be made a condition of
subdivision and major partition approval:
a. The applicant shall submit such additional information and justification as may be
necessary to enable the Commission in its review to determine whether or not a
recommendation for approval by the Council shall be made;
b. The recommendation, if any, shall be based upon a finding that the proposal is not in
conflict with the purpose of this title;
c. The Commission in submitting the proposal with a recommendation to the Council may
attach conditions which are necessary to preserve the standards of this title; and
3. All deeds of dedication shall be in a form prescribed by the City and shall name "the public," as
grantee.
C. Creation of access easements. The approval authority may approve an access easement established
by deed without full compliance with this title provided such an easement is the only reasonable
method by which a lot large enough to develop can be created:
1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code
Section 10.207;
2. Access shall be in accordance with Sections 18.705.030.H and 18.705.0301.
D. Street location, width and grade. Except as noted below, the location, width and grade of all sheets
shall conform to an approved street plan and shall be considered in their relation to existing and
Proposed Development Code changes to Implement the TSP Page 15
J
planned streets, to topographic conditions, to public convenience and safety, and in their
appropriate relation to the proposed use of the land to be served by such streets:
1. Street grades shall be approved by the City Engineer in accordance with Subsection M below;
and
2. Where the location of a street is not shown in an approved street plan, the arrangement of
streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the surrounding
areas, or
b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing
street patterns because of particular topographical or other existing conditions of the land.
Such a plan shall be based on the type of land use to be served, the volume of traffic, the
capacity of adjoining streets and the need for public convenience and safety.
E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan,
or as needed to continue an existing improved street, street right-of-way and roadway widths shall
not be less than the minimum width described below. Where a range is indicated, the width shall
be determined by the decision-making authority based upon anticipated average daily traffic (ADT)
on the new street segment. (The City Council may adopt by resolution, design standards for street
construction and other public improvements. The design standards will provide guidance for
determining improvement requirements within the specified ranges.) These are presented in Table
18.810.1.
1. The decision-making body shall make its decision about desired right-of-way width and
pavement width of the various street types within the subdivision or development after
consideration of the following:
a. The type of road as set forth in the Comprehensive Plan Transportation Chapter -
Functional Street Classification;
b. Anticipated traffic generation;
c. On-street parking needs;
d. Sidewalk and bikeway requirements;
e. Requirements for placement of utilities;
f. Street lighting;
g. Drainage and slope impacts;
h. Street tree location;
i. Planting and landscape areas;
j. Safety and comfort for motorists, bicyclists, and pedestrians;
k. Access needs for emergency vehicles.
Proposed Development Code changes to implement the TSP Page 16
NNEN
l '-98
e-el ~lee~ Right of V`Be bees
AfterW "Fl e Z4
' . ' 44-' -2-4
N%eF GelleetaF 40-* 4-4
39' 34=
r~o'a~asaFvcz-;mac ,
' ~Sn Tom.,.. ~ Gnn AT'1` C/~a •f y~ r~
Y e^^ TL^n 509 APT 46= 9nips~" 44
Less Than 200 ADTI 42-1 • Le- ^ Than - Snn A TT -'1V" ~ ' :fps 4,4
n
ee'
AII.e.y. Residential 441
7G V
Proposed Development Code changes to implement the TSP Page 17
Table 1 .10•'4
t
MOW, 42)
1(2) NOS
,
2 1Q a'
i ~
jal t3) Z_ A W
O (j~~ NIA
nA'!7 w~1p o
NO
t~18 NL6
29~
T "
r
a_ AM- S-1,00. I OR
t
Page 18
u $1~
teenent the TSP
• ...went Code changes to IMP.
Fj~ntre_l x.810. i
Arterials Sample- rms-S-f.-ctim
K. S,r v i'
ILL
6e15,5' ,}2_1 -5
RAN 64'-68' i
2 Lana 64=68'R/W
t`-S• Lw V ~ . ~
12'MedlaN
5' 8-15 16'Bke l 12' I Tum Larx3 , 17 +6'Me, 5.5' 8-10T5'
R/W 76'-80•
3 Lane 78 =80' R/W
i
5 8-Zp 6' 6Bke 12'___ 12' 12'tviecllaN
'
F-r-- -t- -I-----i--- I------1-Ts[n.Lone~_ 12-1 12' {b'~?~.~5' 18-10' {5
RIW 100'-104'
5Lane 100=104'R/W
j~✓ ~v
,5' 8-10
MTN*dla
'I I 5.5' 6'Bke 12' 12' 12' .e- , 12' 12' 12' 8ke 6' S 5' 8-10' S
i-i
7Lane 124=128'R/W
Proposed Development Code changes to Implement the TSP Page 19
iiiiiiiiii'lloll 0111111111
Figure 18.810.2
Collector Stele Cross Sections
' f-~16~ t--- ~ i -----I-11' 61 ~Bicet-5'b'-.F 6-8',f 5•
R/W 58'-b2'
2 Lane 55=82'R/W
12' MediaN
n~ 5.5'.6'Bke+_li' _nLgne I), ~6.Bke 5~ 5' +6_Y,-&
f-- RJV1! 70'-74' 1
3 Lane 70 =74'WW
w l'~ - 1i `t'•
REM
11' V 1 Turn 'Med4°N
I
I-i - i --F- 4-- f -1' _ib'Bke X5.5' f 643r
4-4
f R/W 92'-96'
5 Lane 92=96' WW
1
Proposed Development Code changes to Implement the TSP Page 20
ME EM
E4eure 18,810.3
NeiahboxhQod-Route
s
;zsnwk_Cr9ss-&cdous
.o
r•i . I 28' 15.5'. 55'~ 5.6', P91 32' 5.5'
f 54
F- rl11N 50 -----i i 1
No Paddng on One Side With Parking on Both Sides
36
5 - - i--12~ ----f 1-2--i 6 e f -5~ i i
R/W 58'
Wth Bike Lanes/ No Parking
Figure 18.810.4
Local Residential Streets -X1,500 vn
A. Standard (sample) B. Skinny Street Option (criteria)
man LEI
5 5' i 5.5 321
13. F 5.5'
f'- - R/W rJ4
i; ~.r IlrtYy re.I trr •1YAYy .Y '
On-street Parking A
If parking on both sides,
block length not to exceed 600 feet Criteria:
• Traffic Flow Plan must be submitted and approved.
• Not appropriate for streets serving more than 1,000 vpd.
• No parking permitted within 30 feet of an intersection.
• Appropriate adjacent to single family detached
development only.
Proposed Development Code changes to implement the TSP Page 21
mills MEN
Uzure 18_ 1 M
Local Re ;__ential Streelis <,SOO vps~
A. Standard (sample) B. Skinny Street Option (criteria)
~ ~ vim) ~
[gyp.
1 PS"1'CtlP+'.
5t+5'-5-5 f-- 28 --f-5- tls
R/W 50,
Residential Local StreetiCul-da-sac
One Side On-street Parldng
• = Rw++F~+er
ELM=
Criteria-
• Traffic Flow Plan must be submitted and approved.
• Not appropriate for streets serving more than 500 vpd.
• No parking permitted within 30 feet of an intersection.
• Appropriate adjacent to single family detached
development only.
• Must provide a minimum of (1) off-street parking space for
every 20 feet of restricted street frontage.
Eis;ur_l 8,$14.6
U-cal-Ruidential-S
.tceei <2~p vx~sl
A. Standard (sample) B. Skinny Street Option (criteria)
air=
0
H-- 9 55, 24'
Cul-de-sac/Residential Local Street w-r
a e . r Criteria:
(No parking) Must provide a minimum of (1) off-street parking space
for every 20 feet of restricted street frontage.
• No parking pertitted within 30 feet of an intersection.
F. Future street plan and extension of streets.
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision or partition.
The plan shall show the pattern of existing and proposed future streets from the boundaries of
the proposed land division and shall include other parcels within 530 feet surrounding and
adjacent to the proposed land division. At the applicant's request, the City shall-MUSrepare
a future streets proposal._ Costs of the Citv__nre ring a~futuL -stasis proposal shall be
Proposed Development Code changes to Implement the TSP Page 22
reimbursed -for .the-_time_-.involved. A street proposal may be modified when subsequent
subdivision proposals are submitted.
b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 530 feet of the site.
2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets
shall be extended to the boundary lines of the tract to be developed, and
a. These extended streets or street stubs to adjoining properties are not considered to be culs-de-
sac since they are intended to continue as through streets at such time as the adjoining
property is developed.
b. A barricade shall be constructed at the end of the street by the property owners which shall
not be removed until authorized by the City Engineer, the cost of which shall be included in
the street construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub
street in excess of 150 feet in length.
S~ieeLsoacin~ ~nd_aeces cn a~aag naes~t~Re er to-L$ M-03-0
GH. Street alignment and connections.
1 Full street connections with 4 acing of no more than 530 ftcL LPt~ ween connections is required
e_x_c_ept ~vhexe._~rev~ntesi__by=__ba~xiers sueli _as__t~po~ra~hY za-ilroasls,~xeewa__nre=ethin
sl_ev_elopment ,_leas_e_paro~isi9ns _ea~ements,_~czen nL ar=other_re - ietiorR~existi nxinr_Lo blay
]_a~..49_5=whiGl~reclµcl~treet_cs~ne.~tiozts._A-full.tre~t-o~ctioa~rxialt~e e.en~tesi s1-u-c-tQ
a_re~ulaled vv~te~feal~~reff~'e~ulatiQns~o~ld uot_n~a~tr~it_c~ns_trs~c~zt:
4-. Staggering of streets making "T" inter-septiens at eelleetefs and ai4er-ials sha4l not be designed so
eater4ine of see
sheet:
2. Spaeing between leeal stT-eet inter-seetions shall have a minimum separ-afien ef 125 feet.
3243. All local a -rniner-, nei hbozhoo~ro tcs_and _collector str eets which abut a development site
shall be extended within the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns or strict adherence to
other standards in this code. A street connection or extension is considered precluded when it is
not possible to redesign or reconfigure the street pattern to provide required extensions. Land is
considered topographically constrained if the slope is greater than 15% for a distance of 250 feet
or more. In the case of environmental or topographical constraints, the mere presence of a
constraint is not sufficient to show that a street connection is not possible. The applicant must
show why the constraint precludes some reasonable street connection.
~4. Proposed street or street extensions shall be located to provide direct access to existing or planned
transit stops, commercial services, and other neighborhood facilities, such as schools, shopping
areas and parks.
4.5. All developments should provide an internal network of connecting streets that provide short,
direct travel routes and minimize travel distances within the development.
Proposed Development Code changes to implement the TSP Page 23
141. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as
practicable, except where topography requires a lesser angle, but in no case shall the angle be less
than 75° unless there is special intersection design, and:
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along
the right-of-way lines of the acute angle; and
3. Right-of-way lines at intersection with arterial streets shall have a comer radius of not less than
20 feet.
IJ. Existing rights-of-waX. Whenever existing rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shall be provided at the time of subdivision or development.
J& Partial Street Improvements. Partial street improvements resulting in a pavement width of less than
20 feet; while generally not acceptable, may be approved where essential to reasonable development
when in conformity with the other requirements of these regulations, and when it will be practical to
require the improvement of the other half when the adjoining property developed.
kL.Culs-de-sacs. A cul-de-sac shall be no more than 200 feet long shall not provide access to greater
than 20 dwelling units, and shall only be used when environmental or topographical constraints,
existing development pattern, or strict adherence to other standards in this code preclude street
extension and through circulation:
1. All culs-de-sac shall terminate with a turnaround. Use of turnaround configurations other than
circular, shall be approved by the City Engineer; and
2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two
streets to the radius point of the bulb alFeno she ^ nter4ine of the , from the - a f-tt
mtci- irti to the farthest p nt of the ul de sae.
3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be
required to be provided and dedicated to the City.
L.M. Street names. No street name shall be used which will duplicate or be confused with the names
of existing streets in Washington County, except for extensions of existing streets. Street names and
numbers shall conform to the established pattern in the surrounding area-nd as approved by the ,itv I
kngin. ez,.
MN. Grades and curves.
_ __..1`___Grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other I
street (except that local or residential access streets may have segments with grades up to 15% for
distances of no greater than 250 feet), and:
Centerline radii of curves shall b~_as_d~tcrrxained._l?y_stt~inirrer
arterials, 500 feet-on major- ealleeteFs, 350 feet an minor- eelleetea, eF 100 feet en etheF ;
arm
Proposed Development Code changes to implement the TSP Page 24
intended to be posted with a stop sign OF atien, shall pro
she-edge-of -t13e
t etin ...Feet a,tt impEovement.
NO. Curbs curb cuts ramps and driveway approaches. Concrete curbs, curb cuts, wheelchair,
bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in
this chapter and Section 15.04.080; and:
1. Concrete curbs and driveway approaches are required; except
2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer
approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration
standards.
OE. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent
to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each
side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall
be determined with due consideration at cross streets or the minimum distance required for approach
grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in
nonindustrial areas.
RQ. Access to arterials and mej:gt collectors. Where a development abuts or is traversed by an existing or I
proposed arterial or rnajer- collector street, the development design shall provide adequate protection
for residential properties and shall separate residential access and through traffic, or if separation is
not feasible, the design shall minimize the traffic conflicts. The design shall include any of the
following:
1. A parallel access street along the arterial or major ollector;
2. Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with
frontage along another street;
3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along
the arterial or major- ollector; or
4. Other treatment suitable to meet the objectives of this subsection;
5. If a lot has access to two streets with different classifications, primary access should be from the
lower classification street.
Alleys, public or private.
i
1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be
provided unless other permanent provisions for access to off-street parking and loading facilities
are made.
2. While alley intersections and sharp changes in alignment shall be avoided, the corners of
necessary alley intersections shall have a radius of not less than 12 feet.
R$. Survey monuments. Upon completion of a street improvement and prior to acceptance by the City, it
Proposed Development Code changes to implement the TSP Page 25
shall be the responsibility of the developer's registered professional land surveyor to provide
certification to the City that all boundary and interior monuments shall be reestablished and protected.
S.T. Private Streets.
1. Design standards for private streets shall be established by the City Engineer; and
2. The City shall require legal assurances for the continued maintenance of private streets, such as a
recorded maintenance agreement.
3. Private streets serving more than six dwelling units are permitted only within planned
developments, mobile home parks, and multi-family residential developments.
TU.Railroad crossings. Where an adjacent development results in a need to install or improve a railroad
crossing, the cost for such improvements may be a condition of development approval, or another
equitable means of cost distribution shall be determined by the public works Director and approved
by the Commission.
icy. Street signs. The City shall install all street signs, relative to traffic control and street names, as
specified by the City Engineer for any development. The cost of signs shall be the responsibility of
the developer.
3 _ Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each
joint mailbox serving at least two dwelling units.
1. Joint mailbox structures shall be placed adjacent to roadway curbs;
2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or
development plan, and shall be approved by the City Engineer/US Post Office prior to final plan
approval; and
3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City
Engineer/ JS Post Office prior to final approval.
WX. Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a
proposed street intersection will result in an immediate need for a traffic signal, a signal meeting
approved specifications shall be installed. The cost shall be included as a condition of development.
NY. Street light standards. Street lights shall be installed in accordance with regulations adopted by
the City's direction.
*Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other
signs may be required.
ZAA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new
constructed public roadways prior to final City acceptance of the roadway and within one year of the
conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift
shall also be placed no later than when 90% of the structures in the new development are completed
or three years from the commencement of initial construction of the development, whichever is less.
1. Sub-base and leveling course shall be of select crushed rock;
Proposed Development Code changes to implement the TSP Page 26
milli
2. Surface material shall be of Class C or B asphaltic concrete;
3. The final lift shall be placed on all new construction roadways prior to City final acceptance of
the roadway; however, not before 90% of the structures in the new development are completed
unless three years have elapsed since initiation of construction in the development;
4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications;
and
5. No lift shall be less than 1-1/2 inches in thickness. (Ord. 99-22)
AB- Traffic Calmins When in tbg-pyinLQn-Qf the City Engineer, the proposed dey @jp2mont wilt
le a neoative traffic condition one ' Inq neighborhood streets sucb-z excessive sp ina. the
develo be required to provide traffic calming measur These measures may be require
Wthln the development and/or off-site as deemed appropriate, A an Iternative the deyelo er may
be -required to deposit funds with the City t0 help pay for traffic calmino measures that hernrr+c,
necessary once the develoom nt is occupied and the City Engineer determines that the additional
traffic from the development has triggered then d for traffic calming m asure The City Engineer
will determine the amount of funds rea Diu red and will collect Gaid funds from the developer prior to the
lsgmange_oLa- if~C t - Lt_o lacZancy, iCLXh~ ~a_s~ czf subdivision. prior to #h~~poroyal of the fnal
plat. The fund wlll be he d by the Citv f9 f five (51 years frgm the date of issuance of
c=ertificate o~occupancv. or ink of a sub ' 'sion the dates~f fin lat proval Anv funds not
trod b_y-lhe City within the five-year tim~peniQd will be refunded to~he dP eloper
AO Traffic study
~.1..,_..~af Esit?dx sktalUZe~est.ttixed~ar a1.I ~xeW panded_u~e~~s dev~~pxneztSs uns~crnX v Abe
xoll_Qwzp _cir_EUxn§tances;
a-whcn_thev genexa_te_ Iill~or. e t ine~eas~~n istin ~xa i to hia"h ~oalisiQaintcrscetioAs
idenatifzed-by-W-ashington C,tunty
1~..__~rix? ~ener~ti4>~~s~~cun_de~1~Qen~ant~the Cit~skceet_at~~e poi.~tsi a_cc~ss asacl~lZe~istin~
aADT fall within the bllowinsranc_
Ezci.s_ inKAM, .Al~~_t.Q_Ue ddeSL v dgveloPn=t
4 -00-YDd 2_,242v~id
-a.O-OA- QQ~nd 1,QQQ d
c,__jf a,ny of-he-follxa-Vanp-i5sx s~ec~nr3e cvid-cntAQ-th-e,-Citx&ti i~e-er'
. -l -_]_li h-traffc ~ol]~m QnAh adlaccnt~Q dw_ftaL iav_affect~-Ycment-iWo-ox-o-ut-o .ft
Utp,
(2)_i,,a-g f sri_stin left-turn lanes onto the jacent roadway at the proposed access drive(s)
(3) In e irate horizontal or verb alight distance at~ a~ccg~~no nt~
The_.pxo~.ixrxit~c~t_t~tep~oposed access tQ othe~ex_istin~siziv~s ac_iat~x~secti~n~.is~~Qteiztial
hazard
I5~___Tbe nro~QSaL~_sa.~lires_-a eoastditioxxaLu~e~.ierlrtii pr~nxQLYes a. siri~e-tlxcoux"1x~Q~:atiocx
(G)__'Tk►c_ncopctscd_develonxncxtt tn~ay_xesult_izx_exce~sive~l'fae valume5 on a_ iacentloeal sheets
_ In addition a~traffc study be required for all new or ex
anv.ot~lt~yllowina circumstances:
a x!he>a the_s~te is.xrxthin_.SQO .feet of j.ty-
b trim yeneratloa-f o.m a dsvcc..Iop rtent -adds 30(-ar m re v_ehicl_e_trius_=.dAy t9-an.SaDQT_facil.i I
Proposed Development Code changes to Implement the TSP Page 27
aaad/_or I
t trip_generation from a development add SO or more Weak hour trips to an OD 3 facility
18.810.040 Blocks
A. Block Design. The length, width and shape of blocks shall be designed with due regard to providing
adequate building sites for the use contemplated, consideration of needs for convenient access,
circulation, control and safety of street traffic and recognition of limitations and opportunities of
topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 4,Ng feet measured along the I
eentgUe,_-QfAbe3Irx-ess A& ef way 1 except:
a. Where street location is precluded by natural topography, wetlands or other bodies of water,
or pre-existing development; or
b. For blocks adjacent to arterial streets, limited access highways, majer:ollectors or railroads.
c. For non-residential blocks in which internal public circulation provides equivalent access.
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is net-pessibleexemnte~.l above. Spacing between connections shall
be no more than 330 feet, except where precluded by environmental or topographical constraints,
existing development patterns, or strict adherence to other standards in the code.
18.810.050 Easements
A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall
be either dedicated or provided for in the deed restrictions, and where a development traversed by a
watercourse, or drainageway, there shall be provided a storm water easement or drainage right-of-way
conforming substantially with the lines of the watercourse.
B. Utility easements. A property owner proposing a development shall make arrangements with the
City, the applicable district and each utility franchise for the provision and dedication of utility
easements necessary to provide full services to the development. The City's standard width for
public main line utility easements shall be 15 feet unless otherwise specified by the utility company,
applicable district, or City Engineer.
18.810.060 Lots
A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the
development and for the type of use contemplated, and:
1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions;
2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than
1-1/2 times the minimum lot size of the applicable zoning district;
3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to
provide for the off-street parking and service facilities required by the type of use proposed.
Proposed Development Code changes to implement the TSP Page 28
up Milli
B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at
least 25 feet unless the lot is created through a minor land partition in which case Subsection
18.162.050 (C) applies, or unless the lot is for an attached single-family dwelling unit, in which case
the lot frontage shall be at least 15 feet.
C. Through lots. Through lots shall be avoided except where they are essential to provide separation of
residential development from major traffic arterials or to overcome specific disadvantages of
topography and orientation, and:
1. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way; and
2. All through lots shall provide the required front yard setback on each street.
D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon
which the lots front.
E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be
redivided, the Commission may require that the lots be of such size and shape, and be so divided into
building sites, and contain such site restrictions as will provide for the extension and opening of
streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller
size. The land division shall be denied if the proposed large development lot does not provide for the
future division of the lots and future extension of public facilities.
18.810.070 Sidewalks
A,-Sidewalks. All industrial streets ansLuriYatetreets_shall have sidewalks meeting City standards I
along at...Least-one side of the street. All other streets shall have sidewalks meeting City standards
along both sides of the street. A development may be approved if an adjoining street has sidewalks
on the side adjoining the development, even if no sidewalk exists on the other side of the street
B. Requirement of developers
1 As part of any development proposal, or change in use resulting in an additional 1.000
veld efe t i s_ax~n~ox p~xs aY.. n applic zxi-shalLbe egvJredAo_identi _sJir_ech-g-afe - -L25-x- c-stwighUne
distance) pe est~rian._rQUtes itl fz~~J~L?_mile_af~l~eir__site~o .Ltr nsit ac lities_ar~d l~leighbozhoodActiv_itx
~e~~tezs (sFl;ools~t.~azJ4.s.__li>zza~.es,~t_c.l.~n.~~lditio~a, the deyetoz~ex~na~e~~auaze_d_to_Raxtxe~n~te~irLthe
zemovat af_az~xgansat~_tl udetzian~~sierst~f£ site~f iutiie~l_ba~ the ~ev_elopanent.
---2-._-- JLthexe_is_ancxi~ting ~idewalk,~n~the~arn€sisle_of ih~stceet a~the~l_e~elonzuent xithin_34Q
feet of a devcLopmenSsiie_in_.either direction, the sidewalk shall be extended from-_the site to ireet_ the
IOM sta sidewalk -sub ct to.rough pry rtionality~-even if the sidewalk does not serve a ne ehborhQo
actiyaty center).
BC.Planter strip requirements. A planter strip separation of at least five feet between the curb and the
sidewalk shall be required in the design of any ai4erial eF "°e+e - streeta
adjaeent to the eurb, except where the following conditions exist: there is inadequate right-of-way;
the curbside sidewalks already exist on predominant portions of the street; of it would conflict with
the utilities, hcre_are__s zmi_ficant_ natural featuresdlatge tree, water-fe etc) that would be -atUM destzayed_xf tie sdewalkvere locatedd=as resluied szw_.p~re thee__are existizag=s_tr_ucturein close
praxanlity_ta__the_street (l.5_feet oz- es A idxtional_. onsxderatton_foc_exezn~ti _the_planter_stn
regq_ip;Mgntmay_be_ga_en-on cease by case.l~as~s.tf a=.pzoper~jr .abut more- hap Qne street ft _ptage.
Proposed Development Code changes to implement the TSP Page 29
CA._. Sidewalks in central business district. In the central business district, sidewalks shall be 10 feet
in width, and:
1. All sidewalks shall provide a continuous unobstructed path; and
2. The width of curbside sidewalks shall be measured from the back of the curb.
DE.Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the
adjacent property owner.
EE. Application for permit and inspection. If the constriction of a sidewalk is not included in a
performance bond of an approved subdivision or the performance bond has lapsed, then every person,
firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering
upon the work or improvement, apply for a street opening permit to the Engineering department to so
build or construct:
1. An occupancy permit shall not be issued for a development until the provisions of this section are
satisfied.
2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the
provisions of this section to the owner, builder or contractor when, in his opinion, the
construction of the sidewalk is impractical for one or more of the following reasons:
a. Sidewalk grades have not and cannot be established for the property in question within a
reasonable length of time;
b. Forthcoming installation of public utilities or street paving would be likely to cause severe
damage to the new sidewalk;
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the
street; or
d. Topography or elevation of the sidewalk base area makes construction of a sidewalk
impractical or economically infeasible; and
3. The City Engineer shall inspect the constriction of sidewalks for compliance with the provision
set forth in the standard specifications manual.
FQ. Council initiation of construction. In the event one or more of the following situations are found by
the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in
accordance with City ordinances:
1. A safety hazard exists for children walking to or from school and sidewalks are necessary to
eliminate the hazard;
2. A safety hazard exists for pedestrians walking to or from a public building, commercial area,
place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the
hazard;
3. 50% or more of the area in a given block has been improved by the construction of dwellings,
multiple dwellings, commercial buildings or public buildings and/or parks; and
Proposed Development Code changes to implement the TSP Page 30
111111NION 111111MEE 1=J
4. A criteria which allowed noncompliance under Section E.l.b above no longer exists and a
sidewalk could be constructed in conformance with City standards. (Ord. 99-22)
18.810.080 Public Use Areas
A. Dedication requirements.
1. Where a proposed park, playground or other public use shown in a development plan adopted by
the City is located in whole or in part in a subdivision, the Commission may require the
dedication or reservation of such area within the subdivision, provided that the reservation or
dedication is roughly proportional to the impact of the subdivision on the park system.
2. Where considered desirable by the Commission in accordance with adopted comprehensive plan
policies, and where a development plan of the City does not indicate proposed public use areas,
the Commission may require the dedication or reservation of areas within the subdivision or sites
of a character, extent and location suitable for the development of parks or other public use,
provided that the reservation or dedication is roughly proportional -to the impact of the
subdivision on the park system.
B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground,
or other public use, such land shall be acquired by the appropriate public agency within 18 months
following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall
be released to the subdivider. (Ord. 99-22)
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems
prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional development within
the area as projected by the Comprehensive Plan.
D. Permits denied. Development permits may be restricted by the Commission or Hearings Officer
where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified
within the development and which if not rectified will result in a threat to public
health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to
operation of the sewage treatment system.
18.810.100 Storm Drainage
A. General provisions. The Director and City Engineer shall issue a development permit only where
adequate provisions for storm water and flood water runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
Proposed Development Code changes to implement the TSP Page 31
i =J
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3. Surface water drainage patterns shall be shown on every development proposal plan.
B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream,
there shall be provided a storm water easement or drainage right-of-way conforming substantially
with the lines of such watercourse and such further width as will be adequate for conveyance and
maintenance.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to
accommodate potential runoff from its entire upstream drainage area, whether inside or outside the
development, and:
1. The City Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
the Unified Sewerage Agency in 1996 and including any future revisions or amendments).
D. Effect on downstream drainage. Where it is anticipated by the City Engineer that the additional
runoff resulting from the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional
runoff caused by the development in accordance with the Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and
including any future revisions or amendments).
18.810.110 Bikeways and Pedestrian Pathways
&-A-.Bikeway extension.
1_.-As_a. standar._d...bike~ane~sl~alLt~~~~iresi~lsn~all~.r_teciaLa~ C41.1cctQZ~o~e~and.~vkicr~
identified on the City's adopted bicycle elan in the Transportation stem Plan CM -4
2-Developments adjoining proposed bikeways identified on the City's adopted
pedestrian/bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or rights-of-way, provided such dedication is directly
related to and roughly proportional to the impact of the development.
3--Any
_ucW .sttcet_impr_o~eaae~nt p~oie~t shall anc .~b~oy~l~lancs. s~es~ujiecLin phi ~2cux>aent
and ors-the_ad-omd bic-wk-plan.
B. Cost of construction. Development permits issued for planned unit developments, conditional use
permits, subdivisions and other developments which will principally benefit from such bikeways shall
+ be conditioned to include the cost or construction of bikeway improvements in an amount roughly
proportional to the impact of the development.
C. Minimum width.
width for bikeways within the roadway is five feet per bicycle travel lane.
i
_ 2. _ Minimum width feF ONO way bi multiuse paths separated from the road is eigWIgn
(1 Q)_feet _ he wr_dth may be reduceds2oight~8 _et i£thece ace_enbtonmen.tal_or__Qther_ozn taints..
~atum.:wicfth_fgr-.p = -ran onlYQf-street-paihs_is,fiv
pcsigr~_ statrdarcls...fo~bak and-ncdotxian_~ays-._aktall_~rc_dctcrnained__by_che.S, ity-En~ineer_.
Proposed Development Code changes to implement the TSP Page 32
18.810.120 Utilities
A. Undergound utilities. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service facilities during construction,
high capacity electric lines operating at 50,000 volts or above, and:
1. The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
2. The City reserves the right to approve location of all surface mounted facilities;
3. All underground utilities, including sanitary sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough to avoid disturbing the street improvements
when service connections are made.
B. Information on development plans. The applicant for a development shall show on the development
plan or in the explanatory information, easements for all underground utility facilities, and:
1. Plans showing the location of all underground facilities as described herein shall be submitted to
the City Engineer for review and approval; and
2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision
clearance areas for vehicular traffic.
C. Exception to under-grounding requirement.
1. The developer shall pay a fee in-lieu of under-grounding costs when the development is proposed
to take place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common, but not the
only, such situation is a short frontage development for which undergrounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities.
2. An applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of
undergrounding.
3. Properties within the CBD zoning district shall be exempt from the requirements for
undergrounding of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in Subsections 1 through 3 of this section shall apply only to existing utility lines.
All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding,
Proposed Development Code changes to implement the TSP Page 33
1. The City Engineer shall establish utility service areas in the City. All development which occurs
within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the
development does not provide underground utilities, unless exempted by this code.
2. The City Engineer shall establish the fee by utility service area which shall be determined based
upon the estimated cost to underground utilities within each service area. The total estimated cost
for undergrounding in a service area shall be allocated on a front-foot basis to each party within
the service area. The fee due from any developer shall be calculated based on a front-foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of
existing overhead utilities. The City Engineer shall determine the amount of the credit, after
review of cost information submitted by the applicant with the request for credit.
I
4. The funds collected in each service area shall be used for undergrounding utilities within the City
at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects
which may be funded with the fees collected by the City. The list shall indicate the estimated
timing and cost of each project. The list shall be submitted to the City Council for their review
and approval annually.
18.810.130 Cash or Bond Required
A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the City Council.
B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
C. Compliance requirements. The cash or bond shill comply with the terms and conditions of Section
18.430.090.
18.810.140 Monuments
A. Replacement required. Any monuments that are disturbed before all improvements are completed by
the subdivider shall be replaced prior to final acceptance of the improvements.
18.810.150 Installation Prerequisite
A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall he undertaken except after the plans have been
approved by the City, permit 1cc paid, and permit issued.
B. Permit fee. "I'he permit Fee is required to defray the cost and expenses incurred by the City for
construction and other services in connection with the improvement. The permit fee shall be set by
Council resolution.
18.810.160 Installation Conformation
A. Cont'ormance required. In addition to other requirements, improvements installed by the developer
either as a requirement of these rcgUIations or at his own option, shall conform to the requirements of
this chapter and to improvement standards and specifications followed by the City.
B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon
Proposed Development Code changes to Implement the TSP Page 34
Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions
or amendments) shall be a part of the City's adopted installation standard(s); other standards may also
be required upon recommendation of the City Engineer.
18.810.170 Plan Check
A. Submittal requirements. Work shall not begin until construction plans and construction estimates
have been submitted and checked for adequacy and approved by the City Engineer in writing. The
developer can obtain detailed information about submittal requirements from the City Engineer.
B. Compliance. All such plans shall be prepared in accordance with requirements of the City.
18.810.180 Notice to City
A. Commencement. Work shall not begin until the City has been notified in advance.
B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.190 City Inspection
A. Inspection of improvements. Improvements shall be constructed under the inspection and to the
satisfaction of the City. The City may require changes in typical sections and details if unusual
conditions arising during construction warrant such changes in the public interest.
18.810.200 Engineer's Certification
A. Written certification required. The developer's engineer shall provide written certification of a form
provided by the City that all improvements, workmanship and materials are in accord with current
and standard engineering and construction practices, and are of high grade, prior to City acceptance of
the subdivision's improvements or any portion thereof for operation and maintenance.
18.810.210 Completion Requirements (To be completed.)
Proposed Development Code changes to Implement the TSP Page 35
Exhibit A-4
ADDITIONAL. AMENDMENTS
18.120.030
Add the following definitions. in alphabetical order and renumber the remaining
definitions accordingly:
"N~i~hl~szr_kr~od_,Acli~ity„,~ • ,r„ - such a~ ~chaol~, park~,li~r~rie shQ nir~ areas
employment entCXLQL } I yicf recrcatic~ Qr social services for ~ro_u_ f
"Traffic Flow Ply" - A nlau su~l mitt~d with aVrooosal for skinny streets that chows the
potential g14~uinx,_.nztkcnt tlt. will ravel.. of e
vehicles, service vehicle„~;r vehicles with minimal disturbance This may
include a cornhin€rlionsf strategic driveway locations turnouts or other mechanisms
wh~lt~ill_f4ster safe grid calicien~..tt:axel,.
18.360.090.A.11.a
change from:
Provisions within the plan shall be included for providing for transit if the development
proposal is adjacent to existing or proposed transit route
change to:
Provisions within the plan shall be included for providing for transit if the development
proposal is adjacent to pCithiri 500 feet of existing or proposed transit route
18.520.020.13
change the 3`d sentence from:
Separated from other commercially-zoned areas by at least one-half mile, community
commercial centers are intended to serve several residential neighborhoods, ideally at
the intersection of two or more major collector streets.......
change to:
Separated from other commercially-zoned areas by at least one-half mile, community
commercial centers are intended to serve several residential neighborhoods, ideally at
the intersection of two or more major-collector streets.......
18.530.050.A.2
change from:
The site shall have access to be approved by the City Engineer to an arterial or major
collectors street.....
change to:
Additional TSP implementation code amendments Page I
11 111M E
The site shall have access to be approved by the City Engineer to an arterial or major
collector street.....
18.745.050.C.2.b
change from:
Are permitted up to six feet in height in front yards adjacent to any designated
arterial, major collector or minor collector street.
change to:
Are permitted up to six feet in height in front yards adjacent to any designated
arterial, majer- eelleeter-or minor- ollector street.
Additional 9'SP implementation code amendments Page 2
Exhibit Q
Iianc~ ~atgex ~'d
w essed in the existing city of Tig
'A'PR G®~~
they are addr
ements with an explanation of ho
APR requlr eats. intro in to the
attached are the and in the proposed arnencim essed, just an
Development Code an dard to be addr
• e_ it indicates that there is not a star is
(Where there is a dashed hn proposed arnendmen
standards) How Addressed in current code
660-12-00`15
,~R Re uirement use or subdivision
ents shall adopt land set forth
Local governor and rural communitie
(3) s as
urban areas rovide for safe and
regulations oses of this section are top circulation
below- The for
purp bicycle and vehicular d the func+ion
.
P
edestrian, eYnent standards provides
convenint p rnent p
consistent with access ranag at new develop direct
of affected streets, to ensure th that provide reasonably
d accessway bicycle travel in areas where
on-site streets d ~an and bicy if connections are
routes for p cle travel is likely ossMe levels of
pedestrian and bicy wherever p
which avoids or discourage states the mrumm~
, and t interfere with 18.765.050 E
Provided which migh
c
automobile traffi parking Tequuements for ally of
edestr►an or bic cle travel. wired as p
art of new multi-family es. This is req
a
cle arking facilities as p new retail, typ use review- amended to include
{a) Bicycle p units or mare, sit transfer any land us er to show connections
residential developments of four and all transit 18.810.070 is being
in '/2 mile o
rents' 050 provides bike p iequirement of the develop
d;nstitutional develop 18,765. boyhood activity centers with deration of
office andark and-ride lots; design standards to neigh dieqwire cons'
stations anrovided which I f.- development an ending on
and bicycle Access, Egress and requirements dep uired the
pedestrian improvement re Theenent also req
(b) On-site facilities shall be provide
. within 300 feet on
odate safe and convenient multi-family 18.705.030.E (Access
d walkway Pioporttonality
accomm visions, a ing centers, and Circulation - require s in
access tine sidewalk
from within new subdi rents, shopp tion) addresses walkway removal of
l areas and transit re
ment-s, planned develop for multi-fa1nll 11 Page
corm locauirements 1
elop adjacent resident", alf
ercial districts to centers
stops within one-h
dev , and to neighborhood activity
~~~~1 z alsuz
ents
proposed
ent code amender t
a developman
'ROW Addressed in cur' the Same side of the SIXeet0 ality)
oxti
(subject to rain' plop
commercial
industrial or
660-12-004 ement e-family residential sways development.
uir Singl and acres eet andUtility
TPRlZe development. include streets el ally 814 040 (Stx dads _'Blocks)
mile of the enerally arking lots should g ier 18 ent an eons
ents shall g twough P lmPTovem cO~
developm circulation addresses pedestrian ections are
pedestri~' the goxsn of accessways when foil street corn
be pvOVided m ossible
not P vexes
4~4 (sidewalks) r~ amender to include a
18.810 center-
allpublic streets to have 1g,12fl.43fl is being boxhaod p*ctivit`1
sidewa S definition of Neigh lude the all
ended t0 inc
iiiclude5~ but 18.810.110.A AILS am be located on routes
centers requir veq
ed ement that bike new any adouo or
~~SeighbOrhood active ed Schools, Parma' currently are callectors lanes and
or plane eat tee, ters; Side VJalks streets. aerials and TSP for any
tea to, eXisting s or em 1° arterials and along all public does not have ed the
is not areas, ~ansit stop be required al ued along Development uidrement but refers iot TO ed.
sha a eways sh S shall be x~u urban areas, abike lane r rehe lve 1 '
ors. Side"'
tors. Side"' Ci s coin fated -de-
roller and most loc controlled to the
al Shed along 034 g, vegu they can't be
artienals, collectors notxeq 18.810•
freewa , rid states that a
except that sidewalks ends may be sacs a 204 feet 1 a 'he cut-
Zee ess xoadwa d Other dead move than
Cul-de-sacs an ent Plan' consisten varlance is granter 304 feet,
(C) develOPm eater than
art of a section., de-sac is greater axe
.,,poses set fovth in s nedestvian cone ad~tion to
vequivea• 'fbis isdaxds which
the blacls.leu% ditional
wxe a d
may also req tlixougli a
pedestrian connections
page
block. 2
How Addressed in current code proposed amen~ents
ents Which address stye continue
lords that There are amendm however' the a greater
-12-0045 spa cing and block lengt'~aVel and p
660 18.810 establishes stag and block to o t out-of-direction and safety.
lrif f
s regulate street ending spacing cation to increase eficiencY
TpR Re uiremLo overnments shall establish their own on limiting out clarifi
Local g streets and accesswaYs nZirkelcuC14
(D) roviding
vel.
standards or criteria for uses of this section. such leof n tra
consistent with the purP for
spacing include but are not limited to: standards for
measures may s; and standards of streets or accessway h
18 810 p40 _ Block lengt
excessive out-of-direction traVe ;
wired where standards provide for this
ways need not bete q Li in the standard.
(g) streets and access conditions exist: exC on
ep
one or more hyth a oll P graphic conditions make a
connection impracticable,
(1) street or accessway
such conditions include but
slopes, s wet1lands or
freeways, railroads, steep P
bodies of water where a connection could
other be provided;
not reasonably p development on
ther existing preclude a
Buildings 011
(11) adjacent lands physically e considering the
connection now or in tlir
potential for redevelopment; a would violate
(iu) Where str eets or acceeas ments, covenants,
provisions of leases, eernents existing as of
restrictions or other agrwired street
1 1995 which preclude a req
may connection.
or accessway Any road is required to be
otherwise cted to our the code. standardshown
constru
rovernents are shall , ed for (c) Where off-site road imp ment apprOVal, they .xcal ilthin tl"s m t the code
as a Condition of develop convenient pedestrian and but additional
required °dating s along arterials and requires sidewalks
include facilities acGOTUnbicycle way amendments have been made to
bicycle travel, including Page 3
major collectors;
endinerits
proposed am
w Addressed in dent code
x°
define reAuiredbikeway
30_1,2-o 45 locations
t
y Re ahem venient„
„safe and can
d unicipal code ublic
of subsection faciliries an
por purposes an routes, The City s M coons on P
(d) cle and Pedestri ands, particularly rob-bits obstru
,means bicy which: lyfree from haz interfere sideways i po$ed to have the
ents affic which would amendment 00
WtoVem Are reasonab short dards,block feet
of automobile tr de travel for ement addition, ment site
or c1 de access st ~s and retiuir er review routes wfrom t the develop
types or levels a pedestrian o f travel lengdt star" develop
with or discourag a vas Provides a vel appr0mately4 me nece
provide ssary
onabl e wiesn a transit stop and for side direct route of ( , a "
areas and meets orhonal s
lete
Crips~ de b reasonably and, if POP
com
(g) such as ations au rovements to
tions design clists d
beeen destina dpedestrians between eeds of cY
store, and ists wand considering the travel n s
eeds of cycl
C) lees a oln and lenestrians is genely 114 edeS req~es was is
aonsidermn es length of p 1g 105-030-F ercial develop
that the m
op tnp new office Parks within comet
to 112 mile. ~Lnthiri ded through
circulation
s
e) s `Nallcway
% 5t. 111 ofa cc sway
~Strio ,tersaalPa Veoilcomnsen
riercial tmc
and co
• of buildings,
clustering ues
a
and similar tecIrA ban areas conga early
ur ea is aeonhas
4) To suPP°l ~ 25 00, wQ wh e a determin
( stem is feasible, local
P°Pu~by a public transit sy lations
it systd subdivision regu g 360-090"'.
sere ade that a publo tt; use an ards 1 to rovde
developm t P edb page 4
flme,muents sh l ad b logy ed to 'DR stand
lbe design requires uir
as provided in (a}-(fl as r
ties steal ts enities
d txasit facili bus stops! pullou transit routes routes art Provision cs on road ar
T kirt
tblOuSh
supP° traiousium road eometri
and shelters,
660-12-0045
TPR Re uirement How Addressed in current code Proposed amendments
restrictions and similar facilities, as appropriate; tri-met during the development
review (if proportional and
ustified
(b) New retail, office and institutional buildings at or near
major transit stops shall provide for convenient pedestrian
access to transit through the measures listed in (A) and (B)
below.
(A) Walkways shall be provided connecting
building entrances and streets adjoining the site; 18.705.030.f
(B) Pedestrian connections to adjoining properties
shall be provided except where such a connection is 18.810.070 - sidewalks
impracticable as provided for in OAR
660-012-0045(3)(b)(E). Pedestrian connections shall
connect the on site circulation system to existing or
proposed streets, walkways, and driveways that abut
the property. Where adjacent properties are
undeveloped or have potential for redevelopment,
streets, accessways and walkways on site shall be laid
out or stubbed to allow for extension to the adjoining
property;
(C) In addition to (A) and (B) above, on sites at
major transit stops provide the following: 18.360.090.11 requires
(i) Either locate buildings within 20 feet of consideration of transit facility
the transit stop, a transit street or an improvements as part of
intersecting street or provide a development review (which
pedestrian plaza at the transit stop or a covers ii to v). Building
street intersection; placement standards are already
(ii) A reasonably direct pedestrian in place in the Tigard Triangle
connection between the transit stop and and as part of the Washington
building entrances on the site; Square Regional Center.
A transit risen er landing ad Additional standards for building
Page 5
endmeri~
ent code Proposed am
H°w ~.ddxessed in cuxr
these ~arisit ~
ent outside of r0priate.
e as are
n°t app
660-12-0p45 ersons; olnted ax
,rpR Re uisement accessible to disabled atfor a
ent or dedicaeSte bY the
(iv) An easem
passenger sheltex if req
transit provides; and t desigr►ated
ifical Y
tmg at the transit stop-i1e not spec
the Tig~xd
(v) an distrats~ aslurigton
LaBh A) and (B)
implement 4(b)( edestYi
vernlnents maY an discocts and 'rriugle and the Center
a ~eats of
(c) local g the designation of pedesm asures regulating Square Region uir
districts lenient the req
ough letucdm.g all
above thr of appsOprate v~np distracts. pedestn imp
wired parking
adoption n pedestrian 4(b)(C) abave; 4 C
meat wift u. ement of 18.765.030 F req 01ong tern
develop wig the req excess of 2 rovide
must comply m loyeeparking are making for carpools 1o king spaces to p carpool
xeferantial long term
De efexenhal p O
( s 1 p p r
d) 'gnsrovlde p p arldsig for
merits and vanpool pd other visitors to
and voaupools; employees an
site. ded for, but
thNe ot specifically provi ed since
would not be clisall°w
ed to redevelop a .
othg on the cede prohlbtts it.
merit shall be allow uses,
develop sit-orierited ride n
(e) $xisting arming areas for tran
t
facilities,
oxti°n of existing pand puU°uts, bus shed, p~k s>rmlar and
p bus stops developments,
width of
mcludmg it oriented 18.810 has street Standds tha
atanO riate; a be provided pr0"ndes forma erg radius, etc
ll
where app development sh rovisions
s stems for dby ~ansit, inea sf pavemen de for transit.
(fl Road Y tore ~arisit that wa
II PTOV' lks are required along all
be adequately an idea, arate
that can access to existing riate, eP Sidew -page 6
of pedestrian elude, where apprOp ublic streets
This shall in ze ,avel distances.
routes. s to mi,i w
accessesaY
How Addressed in Current code proposed amendments
zoning along wit
660-12-0045 ent anon Existing sit supportive-110
t routes, design transit routes is trap
TPR R uirem tanned Hans
Along existing or land adequate to support changes are needed
of)tYPes and densities of uses le area,
t land use The Tigard Tnang We Regional
nts snail adopt Washington Sqi Businmss
mensio for
pO areas, local governme Ge on the Center District area zone and C have V entral
(5) lations to reduce relian mmnt an
and subdivision re. merits (TODs) on lance mixed use develop dards which
automobile which develop
it oriented street and design star
trans a transit oriented
(a) Allow encourag
transit routes; to meet
along ent program development
d tnanagem in response to 660- uire
(b) implements a deman. the TSP amendments specifically req on the
ents if shown
standards set in Proposed
the measurable an
and mdestri rovem
012-0034(4) rovides bike an p edestriau or bik,,ay 'alan, if rou t'
TSP p The development s pedestrian or bik
an circulation plan aster plan. wires walkway oraorial.
a bicycle and pedestn ents shall ode currently req we need prop
(6) In developing 0020(2)(d)) local gov d pedestrian however
as required by 660-012- cle an and sidewalks fically
areas to amend the code to mci sP edestrian
identify improvements to faeds tedmveloped e shown °n the F
r°vide for more direct, reqwir
s to meet locaa travel needs ~ travel within and or bikeway tan.
trip impr0vements s
Appropriate houteaestnan centers F
afer bicycle or p
convenient an borhood activity es
d s neigh
and S ecific measur
between residential are transit stops) p cut-de-
schaols shoppmg+ cling walkways between a foundation for d with
(I e., walkways bettyeen which prov ides th develop
tni
include, for w=nple, Consa vidirig between adjacent uses. The TSP, posed, was d Technical
and adjace nt roads, p uued pavement amendments being Pro Force an ublic
sacs and providing dirmct access betty Gent code req and 32 for of a Citizen Tasd involved severaa
buildings an dards for local width between 24 anthe help flee an
overnm width Ad' C°
T and whether
Local gents sh minimize paemnt width o f to local streets (actual
(7) s that erational needs d ends on page 7
streets and ace consistent the op
Consistent `~`'i ement is that local
tataa riot-of-way uir
fac.. . The intent of this re
ff662 How Addressed in current code Proposed amendments
ment
consider and reduce excessive standards for par ku.g is provided on the street) informatin meetings to gather input and
and accessways in order to reduce the cost of and up to 12 feet per lane for comments and 2 formal public hearin s. After
, provide for more efficient use of urban Land, arterial streets g the
mergency vehicle access while discouraging development and adoption of the TSP, a group of
inappropriate traffic volumes and speeds, and which City Staff from Planning and Engineering and a
accomxr~date convenient pedestrian and bicycle circulation. representative from Tualatin Valley Fire and
Not withstanding subsection (1) or (3) of this section, local Rescue met over several months to develop code
street standards adopted to meet this requirement need not be language to implement the TSP. The discussions
adopted as land use regulations. included the TPR "skinny street" requirement.
After review and discussion, it was determined
that the safe harbor widths were acceptable,
provided a traffic flow plan was submitted to
verify that the distribution of driveways, no
parking areas, etc would allow efficient queuing
and traffic flow as the State's "Neighborhood
Streets Design Guidelines" assumed. Additional
assurances were needed to ensure that adequate
off-street parking was provided for streets that had
parking on one side only. It was determined that
the existing width standards would remain for
those that did not want to submit a traffic flow
plan or provide additional assurances for off-street
parking, but the option to go to narrower streets
would be provided as well. While technically, the
wider street width is the default because no
additional documentation is required, both street
width standards are acceptable and available for
develo meats on local streets.
Page 8
Exhibit C
I
P DING COMMISSION
RECOMMENDATION TO THE C,~ OF MAR,
TIGADD CITY COUNCIL Community Development
Shaping A Better
Communi .
SECTION 1: APPLICATION SUMMARY
FILE NAME: TRANSPORTATION SYSTEM PLAN
CASES: Zone Ordinance Amendment (ZOA) 2002-00004
PROPOSAL: The proposal is to formally adopt Development Code standards to
fully implement the Transportation System Plan (TSP) that was
adopted in January 2002.
APPLICANT: City of Tigard
13121 SW Hall Boulevard
Tigard, OR 97223
LOCATION: All areas within the City of Tigard.
APPLICABLE
REVIEW
CRITERIA: Oregon's Statewide Planning Goals 1, 2 and 12; Oregon Administrative
Rule 660; Metro Regional Transportation Plan (RTP); Comprehensive
Plan Policies 1.1.1(a), 2.1.1, 8.1.1, 8.1.2, 8.1.3, 8.1.5 and 8.2.3, and
Community Development Code Chapter 18.380.020 and 18.390.060.G.
SECTION II: P ANNING COMMISSION RECOMMENDATION:
The Planning Commission moved to forward the Development Code amendments to
implement the Transportation System Pian (TSP) to the City Council as shown in Exhibit A-
1 through A-4, and in the summary of proposed changes, based on the findings that all
relevant criteria are satisfied. The TPR compliance matrix (Exhibit B) and this
recommendation report provide the analysis and findings which demonstrate compliance
with all relevant criteria.
STAFF REPORT ZOA 2002-00004 Page 1
SECTION III: BACKGROUND INFORMATION
The City of Tigard began looking at updating the Transportation System Plan (TSP)
several years ago. With the help of a 12 member task force, agencies and staff, a draft
TSP was produced which takes into account the existing traffic conditions in Tigard,
community needs and goals and the anticipated future demands on the transportation
system. The TSP and Comprehensive Plan amendments were adopted by the City
Council in January 2002. An additional step necessary to fully implement the TSP was
developing amendments to the Development Code to reflect changes to the TSP. The
Planning Commission and City Council held work sessions on the proposed Development
Code amendments in June. The proposed changes reflect the comments received at the
work sessions. The Planning Commission held a public hearing on August 5, 2002. No
testimony was offered at the hearing. As an addition to the Planning Commission's motion
to forward the amendments to the City Council, the Commission recommended that staff
provide a presentation to the CIT prior to the Council's public hearing. In accordance with
the Commission's recommendation, a CIT presentation is scheduled for the September 5,
2002 meeting prior to the Council's September 10, 2002 hearing.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by
means of a Type IV procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the
decision by the Council shall be based on consideration of the following factors:
A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised
Statutes Chapter 197;
B. Any federal or state statutes or regulations found applicable;
C. Any applicable Metro regulations;
D. Any applicable Comprehensive Plan Policies; and
E. Any applicable provisions of the City's implementing ordinances.
SECTION V: APPLICABLE REVIEW CRITERIA AND FINDINGS
STATEWIDE GOALS
Citizen Involvement: Goal 1 requires a citizen involvement program that ensures the
opportunity for citizens to be involved in the planning process.
Tigard Comprehensive Plan Policy 2.1.1 and Tigard Community Development Code Chapter
18.390 provide for citizen participation and notice. Notice of the Planning Commission and
City Council hearings and opportunity for response was advertised in the local newspaper.
Notice was sent to Department of Land Conservation and Development in accordance with
their notice requirements. This goal is satisfied.
STAFF REPORT ZOA 2002.00004 Page 2
Land Use Planning: Goal 2 requires, in part, that adopted comprehensive plans be
revised to take into account changing public policies and circumstances.
This goal is met because the City has applied all relevant Statewide Planning Goals, City
Comprehensive Plan policies and Community Development Code requirements in the
review of this proposal as discussed throughout this staff report.
Transportation: Goal 12 requires a safe, convenient and economic transportation
system.
The T SP has been prepared in accordance with the Statewide Planning Goals and
requirements. Oregon Administrative Rule 666, the compliance with which is discussed
further in this report, implements the Statewide Transportation Goal 12. The plan has been
reviewed by ODOT and DLCD.
COMPLIANCE WITH FEDERAL AND STATE STATUTES OR GUIDELINES
Oregon Administrative Rule: Section 660-12-0000 through 0070 is intended to
implement Statewide Planning Goal #12 by providing guidelines for local
governments to demonstrate compliance with Goal #12 through their Transportation
System Plans.
When the TSP was adopted, it was recognized that Development Code amendments were
needed to fully comply with the TPR. Attached as Exhibit B is a chart identifying how each
of the TPR requirements are addressed. Based on the information provided in Exhibit B and
in this section, staff finds that the TSP complies with the state statutes. There are no
specific federal standards that apply.
COMPLIANCE WITH METRO REGULATIONS
Regional Transportation Plan (RTP): The RTP takes the place of Metro Functional Plan
Title 6 (Regional Accessibility), and is consistent with Chapter 2 of the Regional
Framework Plan. The RTP provides a regional framework for transportation systems
and has its own criteria that must be addressed that are in addition to the
Transportation Planning Rule (TPR) requirements.
The TSP is consistent with the RTP and the proposed amendments include all language
required to be adopted by local jurisdictions. The only specific language that needed to be
changed to implement the RTP was the requirement to have local street spacing no less
than 530 feet apart to address connectivity requirements.
COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES
General Policies: Policy 1.1.1(a) requires that legislative changes are consistent with
statewide planning goals and the regional development plan.
The proposal is consistent with statewide planning goals as addressed above under
'Statewide Goals'. The proposal conforms with the applicable portions of the Metro
Functional Plan that was approved for adoption on October 24, 1996 by the Metro Council.
This policy is satisfied.
STAFF REPORT ZOA 2002-00004 Page 3
Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing
citizen involvement program and shall assure that citizens will be provided an
opportunity to be involved in all phases of the planning process. Policy 2.1.2 states
that opportunities for citizen involvement shall be appropriate to the scale of the
planning effort. Policy 2.1.3 states that the City shall ensure that the information on
planning issues is available in an understandable format.
A request for comments was sent to all affected jurisdictions and agencies. The Planning
Commission hearing was legally advertised with notice published in the Tigard Times. The
TSP had extensive notice and opportunities to comment. Because the current proposal is
simply an implementation of a previously adopted plan, the same level of public notice is not
necessary.
Transportation: Transportation Policies 8.1.1, 8.1.2, 8.1.3, 8.1.5 and 8.2.3 were
adopted at the same time the TSP was adopted to incorporate the TSP
recommendations into the Comprehensive Plan. The policies are specifically
pddressed below:
8.1.1 - requires the planning of transportation facilities to be done in a way that
enhances livability through the proper location of facilities, encouraging pedestrian
traffic and addressing issues of through traffic and speeding on local residential
streets.
8.1.2 - requires a balanced transportation system that incorporates all modes of
transportation.
8.1.3 - requires the effort be made to develop a safe transportation system through
the street standards and access management policies.
8.1.5 - requires the development of transportation facilities that are accessible to all
citizens and minimize out-of-direction travel.
8.2.3 - provides the minimum improvement level and dedication that should be
required of developers as a precondition of development to ensure that the
community's transportation system functions adequately.
The code amendments provide greater clarification of where bike lanes are required,
requires the identification and removal of gaps in sidewalks (if roughly proportional), has
local street spacing standards that will minimize out-of-direction travel, provide greater
access spacing standards and greater clarification of when transit amenities are required.:
The proposed development code amendment changes are directly implementing the TSP
and Comprehensive Plan policies, therefore, the applicable Comprehensive Plan
standards have been satisfied.
COMPLIANCE WITH THE CITY'S IMPLEMENTING ORDINANCES:
The implementing ordinances are contained in the Tigard Community Development Code.
The applicable criteria identified in the Development Code are summarized in Section IV -
STAFF REPORT ZOA 2002-00004 Page 4
Summary of Applicable Criteria and addressed in Section V - Applicable Review Criteria
and Findings. As this staff report demonstrates, all applicable criteria have been satisfied.
SECTION VI: COMMENTS (AGENCY STAFF AND OT!•9E6?3
City of Tigard Engineering, City of Tigard Current Planning Division, City of Tigard
Operations, City of Tigard Public Works, City of Tigard Police, City of Beaverton, City of
Durham, City of King City, Washington County, Tigard-Tualatin School District, and Tri-
met have reviewed the proposal and offered no comments or objections.
Tualatin Valley Fire and Rescue reviewed the proposed amendments and indicated that
they find no conflicts with their interests. The provisions for skinny streets are acceptable
to the Fire District. They also state that the Fire District is currently developing traffic
calming device design criteria that will be submitted upon completion. The general
statement in the Development Code indicates only when they are to be installed. The Fire
District hopes that their criteria will be considered for design details.
DLCD reviewed the proposed amendments and offered comments which are summarized
below:
They want to make sure that Tigard documents its process used to develop the local
street standards regarding narrow streets;
They suggested changes which have been incorporated into the proposed
amendments that presents the narrow street option in a way that does not discourage
someone from using that method and as a method that is not favored.
They provided suggested language which has been incorporated into the proposed
amendments for "Traffic Flow Plan" (formerly referred to as a queuing plan).
They recommend against changing the block length standard from 1,800 feet to 2,120
feet and provided language that Washington County uses that they suggest we
consider.
Staff response: The change from 1,800 foot block length to 2,120 foot block length was
suggested to be consistent with the street spacing standards, however staff is not
opposed to retaining the original block length concept. Because the measurement system
is being changed from right-of-way line to centerline, the maximum block length dimension
will be 2,000 feet. This will result roughly in the same block length requirement as
currently existing and as recommended by DLCD staff.
Metro reviewed the proposed amendments and generally offered the same comments as
DLCD, specifically, they suggested changes that present the narrow street option in a way
that does not discourage someone from using that method and as a method that is not
favored and they recommend against changing the block length standard from 1,800 feet
to 2,120 feet.
The City of Tigard Urban Forester reviewed the proposed changes and offered the
following comments: "The planter strips should be at least five feet wide so that large trees
can be planted in order to create more tree canopy. I think that planter strips are a good
idea since the trees will be shading much more of the street, thus reducing the heat island
effect too common in this City!"
STAFF REPORT ZOA 2002-00004 Page 5
Oregon Department of Transportation (ODOT) reviewed the proposed amendments
and offered comments summarized as follows: They appreciate our efforts to clarify when
a traffic study is required, however a traffic study is not always needed to address ODOT
interests. They suggest changing 9 8.8'10.030.AC to state that a traffic study MAY (instead
of shall) be required if a site is within 500 feet of an ODOT facility and/or trip generation
from the development adds 300 or more trips per day to an ODOT facility and/or trip
generation from the development adds 50 or more peak hour trips to an ODOT facility.
They request that ODOT be notified of pre-applications to help make the determination of
whether a traffic study is required prior to a formal application being submitted and
deemed complete.
Staff response: The proposed development code language has been amended to include
ODOT's recommended changes
EXHIBITS:
EXHIBIT A-'I through A-41: Proposed Development Code changes
EXHIBIT B: Chart addressing TPR criteria and Tigard's compliance status
PREPA D BY: ulia Hajduk, DATE
Associate Planner
0,9 f- OL
SIGNED: Mark Padgett
Planning Commission Chair DATE
I:Irplari4uliarrSPfimplementation/cc packet/staff report - exhibit C.doc
i
STAFF REPORT ZOA 2002.00004 Page 6
Jim
Attachment 2
Summary of changes to implement the TSP
The following is a summary of changes proposed to implement the TSP adopted in January 2002.
After a brief explanation of the change is the code section location for quick reference. Because the
changes are made for several reasons, the impetus for the change is also identified (TSP, staff, Metro
or DLCD)
18.120
Added the following definitions:
Neighborhood Activity Center
O Traffic Flow Plan (Staff clarification)
18.360
Amended 18.360.090.11.a to define adjacent as being within 500 feet of a transit route. (TSP)
18.520
Amended 18.520.020.8 to remove reference to major collector streets and replaced with reference to
collector street. (Staff clarifiication/TSP)
18.530
Amended 18.530.050.A.2 to remove reference to major collector streets and replaced with reference
to collector street. (Staff clarification/TSP)
18.705
Identified that if direct access is permitted onto an arterial or collector street, an application may be
required to mitigate any safety or neighborhood traffic management impacts. (18.705.030.G.2) (TSP)
Provided access management requirements (18.705.030.H)
Verify that design of driveways are safe
Regulate driveway locations from intersections
Moved spacing of driveways and streets from 18.810 (TSP)
18.730
Removed reference to specific roadways in the additional setbacks section. The reason for this was
that the entire list was very outdated. In addition, the intent could be met by retaining the existing
requirement that in the event a street had less than the required right-of-way, the setback for a
structure must be no less than the required setback plus'/ the required right-of-way width measured
from centerline.(18.730.040.A) (Staff clarification)
18.745
Amended 18.745.050.C.2.b to remove reference to major and minor collector streets and replaced
with reference to collector street. (Staff clarification/TSP)
18.810
Provided new minimum widths and standards for streets
Includes lane width, on-street parking, bike lanes, sidewalks, landscape strips and median
requirements. (Table 18.810.1 and figures 18.810.1 through 18.810.6) (TSP/DLCD-TPR)
Clarified that if the city prepares a future streets plan for an applicant, costs for time involved shall be
reimbursed by the applicant (18.810.030.F) (Staff clarification)
Summary of changes to implement the TSP Page 1
(Updated 5-3-02)
Added sections requiring street connections to be spaced no less than 530 feet apart to address
connectivity requirements. (18.810.030.G.1) (TSP/Metro)
Moved spacing of streets to 18.705.030.H (Staff clarification)
Clarified how cul-de-sac length is measured (18.810.030.x.2) (Staff clarification)
Provide the City engineer with a say in approving street names (18.810.030. L) (Staff clarification)
Removed standards that are conflicting with the Engineering Departments Design and Construction
standards and that would need to be amended anyway to reflect the removal of minor and major
collector references. Standard now says that centerline radii curves shall be as determined by the
City Engineer. (18.810.030.N) (Staff clarification/TSP)
Added traffic calming provisions requiring a developer to deposit funds towards traffic calming if the
City Engineer determines that a development has the potential of creating a negative impact on
existing neighborhood streets in regards to excessive speeding, etc. The funds would be kept for up
to 5 years and if after that time it is determined that traffic calming measures are not warranted, the
funds would be returned. (18.810.030.AB) (TSP)
Provided parameters for when a traffic study is required (18.810.030.AC) (Staff clarification)
Changed the measurement of block length from the right-of-way to centerline and adjusted the
maximum block length perimeter from 1,800 feet to 2,000 feet to accommodate the revised way of
measuring. (18.810.040.8.1) (Staff clarification)
Clarified that bike and pedestrian connections shall be provided when full street connections are
exempted, instead of "not possible". (18.810.040.8.2) (Staff clarification)
Formalize existing policy by stating that private streets shall be required to have sidewalks along at
least one side of the street. (18.810.070.A) (Staff clarification)
Required developments to identify gaps in sidewalks and participate in the removal of gaps if the
costs can be justified. (18.810.070. B) (TSP)
Changed policy that planter strips are required along arterial and collector streets to require planter
strips adjacent to all streets except under specific conditions. (The specific conditions are: there is
inadequate right-of-way, the curbside sidewalks already exist on predominant portions of the street, it
would conflict with utilities, there are natural features which could otherwise be protected, or there are
existing structures within 15 feet of the right of way). (18.810.070.C) (Staff recommendation/POLICY
DECISION NEEDED)
Required bike lanes along all arterial and collector routes and where identified on the adopted bike
plan in the TSP. Identify the minimum widths various types of pedestrian and bicycle paths
(18.810.110) (TS P)
Summary of changes to implement the TSP Page 2
(Updated 5-3-02)
MEEE
Detailed Agenda for Wednesday, September 11, 2002, Cook Park Adminisfru.{ o
Notes for staff and speakers are in italics. -Zt&- J2
Although this gathering is primarily for King City and Tigard Residents, it will be listed in a
variety of media, so people from other areas may be there, too.
Mayor Griffith will serve as MCfor the evening.
We will use the Public Works portable sound system. When using the microphone, do not stand
directly in front of the speaker or you will get feedback. The system amplifies sound about 180
degrees. In other words, people behind you do not hear amplified sound.
6:45 p.m. WELCOME by Mayor Griffith
Items to include:
• Introduce yourself.
• People may bring flowers or luminaries. They can be placed in front of the gazebo or
people can hold them.
• Food barrels from the Oregon food Bank are sitting along the sidewalks and at the edge
of the parking lots. Donated food items can be placed in the barrels. Additional food
barrels will be in the Tigard City Hall lobby and the Tigard Library until next Monday.
• There is a large banner on the picnic table (indicate where) and some pens. Everyone is
welcome to write a comment on the banner. You can acknowledge your everyday
heroes. The banner will be displayed in the City Halls at Tigard and, then, in King City.
Thank Classic Sign Systems for donating the banner.
• Acknowledge TVF&R engine if one is parked nearby.
They have many requests for their presence and may not be able to provide a piece of
apparatus at Cook Park. They know they are not on the program.
• The activities of the evening will include:
Tigard American Legion Post # 158 members will present the American flag
o Mindy Wegner, a 2002 graduate of Tigard High School will sing the National
Anthem.
o King City Mayor, Jan Drangsholt, will make a few comments.
She will be there depending upon her health. We will know the day before whether
or not she will be there. She may feel well enough to be there but not well enough to
address the group. We will let you know as soon as we know.
o Music by the "Home of the Brave" Choral group and the Tualatin Valley
Community Band.
o The evening will conclude with a candlelit time of reflection.
6:50 Announce Presentation of the colors
• Tigard American Legion Post #158 members will bring to the front of the gazebo, the
American flag, the Oregon flag(?), and the A.L. post flag.
They will stand with the flags through the singing of the National Anthem.
• Lead the audience in the Pledge of Allegiance.
6: 55 Introduce Mindy Wegner to sing the National Anthem.
We are pretty sure she will sing but it depends on her school schedule. We should know
by 913. Assuming she will sing, we don't know yet if she sings a cappella or with
accompaniment. If she needs accompaniment, she will make those arrangements. If she has
someone accompany her, you should introduce that person too. We will get you that
information. Give her the microphone, and be sure it is turned on.
American Legion members will take the flags out.
7:00 Thank the A.L. members and Mindy W. and Introduce Jan Drangsholt, Mayor of
King City
If she is present but will not speak, acknowledge that she is there. If she will be speaking,
introduce her, and hand her the microphone. Be sure it is turned on.
7:05 Introduce the choral group, "Home of the Brave"
• Tigard Christian Church
• Jodyne Hollaway, choir director
(pronounced Jodeen)
The director may need the microphone to say what pieces they will be singing. Be sure to turn off
the microphone when you get it back: They will remove the risers right after they finish.
Turn on the microphone.
7:18 Thank the choral group and introduce the Tualatin Valley Community Band
• Tualatia Valley Community Band
• Steve Heuser, director
Steve may want to use the microphone to name the pieces they will be playing. They plan to play
3 pieces. Be sure to turn off the microphone when you get it back
Turn off the microphone
7:40 Thank the Tualatin Valley Community Band.
Microphone on.
7:41 Suggest that people light their candles or luminaries, if they brought them. Give a
few seconds for that to begin happening.
7:42 Mayor Griffith makes his comments - perhaps something about everyday heroes and
looking to the future. Read quote by former President Reagan.
Pause for moment of reflection. (probably 1-2 minutes)
7:45 p.m. Conclude the gathering.
• Thank you for coming.
• Please be sure your candles and luminaries are extinguished before disposing of
them.
I:/adm/susank/celebrate comm/detailed agenda for Wednesday
i
i
Agenda Item No. 2.1
Meeting of /Q /
02-
ti .
0
P"00"LAMATI""I"
1
Constitution Week
WHEREAS, September 17, 2002, marks the two-hundred-fifteenth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional `
%<< Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebration which will
commemorate the occasion; and
i... ' WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by
the President of the United States of America. designating September 17 through 23
as Constitution Week.
NOW THEREFORE BE IT RESOLVED THAT I, Mayor James Griffith, of the
' City of Tigard, Oregon, do hereby proclaim the week of September 17 through 23,
2002 as
f Constitution Week'
in Tigard, Oregon and encourage all citizens to reaffirm the ideals of the Constitution ,
by vigilantly protecting the freedoms guaranteed to us through this guardian of our
( liberties.
a
Dated this day of , 2002.
• % _ i:.w,"':; ifs
7i .~wrt' S`L.
°;i!!7 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the '►"~t~
City of Tigard to be affixed.
Iliir H
James Griffith, Mayor
City of Tigard
Attest: City Recorder'
f"+
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3
. / Y •TI•'3 ~ ~ 1
Agenda Item No. 2 2
- Meeting of 711010,,21
0
P K16P C i
T I 01110's
Kids Day America / International
WHEREAS, the Health and well-being of children is our responsibility; and
WHEREAS, the Safety of our children is a significant concern for parents,
community leaders and health care givers; and
WHEREAS, Environmental welfare is of universal concern and deserves the utmost
attention; and
1-
WHEREAS, if started In childhood, proper Health, Safety and Environmental habits
can be maintained for a lifetime, producing a valued member of society, and
enhancing our community; and
NOW THEREFORE BE IT RESOLVED THAT 1, Mayor James Griffith, of the
City of Tigard, Oregon, do hereby proclaim September 21, 2002 as
Kids Day America / International
in Tigard, Oregon and urge that this day be dedicated to the efforts of Doctors of
Chiropractic in helping educate all citizens on the importance of Health, Safety and
Environmental issues affecting our community.
F
Dated this day of , 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the,
City of Tigard to be affixed.
J~•
James Griffith, Mayor
City of Tigard
Attest:
City Recorder
~ r ~
M". In- VAN
Agenda Item No. 2.3
- Meeting of q IL n.leo2.
"Rik Eft A Awl OILO
imr-mKOCLAMAi
Always Remember 9-11 Day
WHEREAS, In an unprovoked and senseless act of terrorism, four civilian aircraft were
hijacked on September 11, 2001, and crashed In New York City, Pennsylvania and the
t•- Pentagon; and a+
WHEREAS, Innocent U.S. citizens of all heritages as well as visiting citizens of foreign nations
were killed and Injured as a result of these horrific acts; and
WHEREAS, while we as a Union still continue to recover from the unspeakable loss of so
many innocent lives, the indomitable spirit of die United States has been revitalized and given
way to numerous expressions of heroism and patriotism; and ,..t
` WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for
any free society to exist; and
WHEREAS, the City of Tigard shares In the grief and will commemorate the one-year'
anniversary of the September 1 i tragedies; and
WHEREAS, we extend our deepest condolences to the innocent victims of these unprovoked
%actions by terrorists, as well as to their families and their friends; and
WHEREAS, we salute the heroism of public safety and rescue workers, volunteers, local
' officials, and those who responded to these tragic events with courage, selfless compassion, '
determination, and skill;
NOW THEREFORE BE IT RESOLVED THAT 1, Mayor )ames Griffith, of the City of
' Tigard, Oregon, do hereby dedicate September 11, 2002, _
Always Remember 9-11 Day
1 t a day to mourn, reflect and rededicate ourselves to ending terrorism In commemoration of the t '
n anniversary of the terrorist attacks; and that we encourage all our citizens to honor the victims,
of September 1 1 by reaffirming their commitment to sustaining our newfound patriotism
y through volunteerism, community Involvement, and services; and we as citizens dedicate our
time, talents, and energy to lift one another up and foster a new level of understanding and
' awareness. Let us honor the memory of all those who died by being of service to one another
and by building the Ittronger, more perfect union"our founding fathers called for.
i Dated this day of , 2002. ' x
i IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Tigard to be affixed. -
James Griffith, Mayor
Retest: City of Tigard
J`~~• i€'
iry Recorder
a a
10 W*i
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INS
Agenda Item No. 2.4
- - - - Meeting of ----V/p/02
0
PnZk 0 C L A H A T I C YN"
Race Equality Week
w . WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil
Rights Act of 1964 was adopted banning discrimination because of a person's color, s
race, national origin, religion, or sex, and
WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 1311
.
Amendment of the Constitution of the United States was adopted abolishing slavery; and
' WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 141'
Amendment of the Constitution of the United States giving all persons born` or'
naturalized in the United States the right to due process and equal protection under the
law; and
WHEREAS, by resolution of the National League of Cities, we declare racism unjust and
advocate equal rights for all; w
NOW THEREFORE BE IT RESOLVED THAT I, James E. Griffith, Mayor of Tigard,
on behalf of the entire City Council, do hereby proclaim:
September 23 - 29, 2002 as '
Race Equality Week
in the City of Tigard, Oregon
and urge all citizens to join together today to reaffirm our commitment to ensure equality
asp .
and freedom for all the people regardless of race, religion, sexual preference, or gender.
mot"
Dated this day of 2002.
; IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Tigard to be affixed. =7~'s
James E. Griffith, Mayor
ti City of Tigard
Attest: "
City Recorder
~ r, / F rl t
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11 Ill ilk - or-:
loll Emil
AGENDA ITEM # . 3
FOR AGENDA OF Sgptember 10.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Report on Tigard High School Activities from Student Envov Paul Brems r~,,,~
PREPARED BY C. Wheatley DEPT HEAD OK __TY MGR OKWjffJf VOW
/
ISSUE BEFORE THE COUNCIL
Hear an update on student activities at Tigard High School.
STAFF RECOMMENDATION
N/A
INFORMATION SUNIlVIARY
The Tigard High School Student Envoy for this school year is Paul Brems. Mr. Brems will give his first monthly
report to the City Council on current and upcoming activities at Tigard High School.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Two target areas benefit from the Student Envoy Program:
1. Community Character & Quality of Life
Communication Goal: Citizen involvement opportunities will be maximized by providing educational
programs on process, assuring accessibility to information in a variety of formats, providing opportunities
for input on community issues and establishing and maintaining a program of effective two-way
communication.
2. Schools & Education
Two-Way Communication Goal: School district ensures effective two-way communication to the entire
community by regularly providing information about school-related issues.
ATTACHMENT LIST
None
FISCAL NOTES
N/A
I:VIDWPACKET'02%20020910\THS STUDEN ENVOY BREMS AISMOC
AGENDA ITEM NO.3 - VISITOR'S AGENDA DATE : September 10, 2002
(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 Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PRONE TOPIC STAFF CONTACTED
s
VISITOR'S AGENDA Page 9
✓rs ~'a rs
Tigard H igh Lead ersh i p
9000 SW Durham Road • Tigard - Oregon • 97224
(503) 431-5518 • FAX (503) 43 1-54 10 • http://ths.ttsd.kl2.or.us/leadership/home.litml
tlisasbprez@hotmail.com
i September 4`h:
Freshman Orientation
9 September 5`h:
First Day of School for all Students
■ September 9`h - 13th:
Welcome Back Week - Starts with a welcome back assembly and continues with dress up
days, lunchtime activities, and other fun stuff!
■ September 18`h:
Back-to-School Night - 6pm Frosh/7pm All
e September 20th:
ELL BBQ - All students who are involved with the ELL program are invited to a barbecue
after school at Cook Park @ 3:30pm.
E September 23`d -2 8th:
Homecoming Week - A spirit week with activities for the school, community, and alum.
■ September 24th:
Powderpuff- Girls playing flag football in the THS stadium @ 7:00pm followed by a bonfire.
■ September 27th:
Homecoming Parade: Annual parade down Durham Rd. at 5:00pm followed by our
Homecoming football game at 7:30pm.
September 281':
Homecoming Dance - Cafeteria 8-1 Ipm
a
i
i
"Celebrate the past, emprace the
present, dream the future. "
THS Leadership '02 - '03 Mission Statement
AGENDA ITEM #
FOR AGENDA OF September- 10._2002
MEMORANDUM
DI I/ Y OF TIGARD, OREGON
TO: Mayor and Council
FROM: Greer Gaston
DATE: August 29, 2002
SUBJECT: Three-Month Council Calendar
Regularly scheduled Council Meetings are marked with an asterisk
September
2 Mon Labor Day Holiday - City Offices Closed
10 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
17 * Tues Council Workshop Meeting - 6:30 p.m.
24 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
October
7 Mon Joint Meeting with Tualatin City Council and
Tigard-Tualatin School District
Time and Location - To Be Announced
8 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
15 * Tues Council Workshop Meeting - 6:30 p.m.
22 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
Note: This meeting may be canceled
November
11 Mon Veteran's Day Holiday - City Offices Closed
12 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
19 * Tues Council Workshop Meeting - 6:30 p.m.
26 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
28 Thurs Thanksgiving Holiday - City Offices Closed
29 Fri
I:IADMIGREERICITY COUNCILI3 MONTH CALENDAR.DOC
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Tigard City Council
Tentative Agenda
1018102 - Business TV -Greeter 10/15102 -Workshop 10122102 - Business TV -Greeter
Due: 9124102 @ 5 p.m. Due: 1011102 @ 5 p.m. Due: 1018102 @ 5 p.m.
Study Session Workshop Topics Study Session
Communication Plan Update - Liz - 20 min * Mayor GRIFFITH Not Present
* Councilor MOORE Not Present *
Discuss meeting schedule for December - Make
17 a business mtg and cancel 24 mtg?
Proposed Standards for Housing Development
Consent Agenda Set-Aside Requests - Duane -10 min Consent Agenda
Award Labor Attomey Contract - Sandy Update: Proposed Bull Run Regional Drinking
Water Agency - Ed/Dennis - 45 min
Business Meeting Business Meeting
VA - Student Envoy
Update on WCCLS Local Option Levy - Margaret -
10 min
Status on New Library - Margaret -10 min
SI = standing item
I:/adm/greer/tentatv ag/tentative.As
8/29/2002 Page 2
AGENDA ITEM #3
FOR AGENDA OF September 10. 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET AMENDMENT #2 TO THE FY 2002-
03 BUDGET TO ADD WAGES AND BENEFITS IN THE AMOUNT OF $14,345-FOR AN APPROVED
SENIOR LIBRARY ASSISTANT POSITION THAT WERE NOT CALCULATED INTO THE ORIGINAL
BUDGET REQUEST.
PREPARED BY: Craig Prosser DEPT HEAD OK _ CITY MGR OK
ISSUE BEFORE THE COUNCIL
A budget amendment is required to transfer appropriations from General Fund Contingency to the Library program
to pay wages and benefits for an approved Senior Library Assistant position that were inadvertently omitted in the
original budget request.
STAFF RECOMMENDATION
Approve the resolution so that sufficient appropriations exist within the Library program to pay the wages and
benefits of an approved Senior Library Assistant position.
INFORMATION SUIyIMARY
The .5 FTE Senior Library Position was approved and included in the FY 02/03 Budget. However, due to an
oversight, the monies to the fund the position were not included in the Personal Services budget request. This
position is currently vacant, however; the Library has begun the process to request the approval to fill the position.
When the approval is given to fill the position, the funds for the position need to be available, so hiring of staff can
occur without delay.
OTHER ALTERNATIVES CONSIDERED
Not approve amendment.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Does not apply.
ATTACHMENT LIST
Resolution approving the budget amendment.
Attachment A to resolution.
FISCAL NOTES
This amendment transfers $14,345 from General Fund Contingency to the Library Program.
in Ila
AGENDA ITEM #
FOR AGENDA OF September 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A resolution approving- Budget Amendment #3 to the FY 2002-03 Adopted
Budget to transfer approved capital improvement Kroiects between the General and Facility Funds and the
Facility and the Fleet/PropeM Management Funds and amending the FY 2002-07 Approved Capital
Improvement Plan
PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK f 0*0-W
ISSUE BEFORE THE COUNCIL
Should the Council amend the FY 2002-03 Adopted Budget and the FY 2002-07 Approved CIP to transfer two
projects between funds and to delete one project to the CIP and add it to the Operating budget?
STAFF RECOMMENDATION
Approve Budget Amendment #3
INFORMATION SUMMARY
The FY 2002-07 Capital Improvement Plan (CIP) approved by Council in June 2002 includes capital
improvements needed for all City facilities over the next five years. It identifies projects by major capital system
(City Facilities, Parks, Streets, Water, etc.). lists projects by the year in which they are expected to be built, and
identifies the City fiord that will pay for these improvements. The annual City Budget appropriates funds in
individual City finds to pay the costs of projects identified in the first year of the Plan.
Over the past several years, the City has followed a policy of transferring money from the General Fund to the
Facility Fund to be held in reserve to pay for capital improvements for general-use City facilities such as City Hall
as they are needed. The FY 2002-07 CIP included two projects for City Hall (HVAC Replacement and Energy
Conservation Improvements) and identified the General Fund and the fund source form these projects. The FY
2002-03 Adopted Budget reflected the Approved CIP. These two projects should be paid for by the Facility Fund
using money set aside over the years for that purpose. Budget Amendment #3 makes that change in the City
Budget and the Approved CIP.
In addition to major capital improvements to its facilities, the City also performs routine maintenance on its
facilities and equipment. Routine maintenance is usually reflected in the Operating Budget rather than the CIP.
The FY 2002-07 Approved CIP includes a project (City Hall HVAC Modification and Cleaning) to clean
ductwork. This is an operating cost, not a capital improvement. Budget Amendment #3 removes this project from
the CIP and transfers it to the Operating Budget.
OTHER ALTERNATIVES CONSIDERED
Leave the Budget and CIP as adopted in June 2002.
VISION TASK FORCE GOAL AND ACTION COMV IITTEE STRATEGY
NA
ATTACHMENT LIST
Resolution, including Attachments A and B to the resolution.
FISCAL NOTES
This amendment will save the General Fund $282,500 by transferring two projects to the Facility Fund where
they will be paid for using funds set aside for that purpose.
AGENDA ITEM # L4 . S
FOR AGENDA OF September 10. 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Revision to City Wide Personnel Policies, Article 61.0, Reporting of Vehicular
and/or Occupational Accidents
V MGR OK cN Wes" 1
PREPARED BY: Sand Zodrow DEPT HEAD OK
Q4 "V
ISSUE BEFORE THE COUNCIL
Should the Council adopt a revision to the City wide Personnel Policies, Article 61.0, Reporting of Vehicular
and/or Occupational Accidents, to include the language "...or Tigard's Urban Growth Boundaries..."
STAFF RECOMMENDATION
Adopt the revision to the City wide Personnel Policies, Article 61.0, Reporting of Vehicular and/or Occupational
Accidents as proposed in Attachment A
INFORMATION SUMMARY
Currently Article 61.0 of the City wide Personnel Policies states that should a vehicular accident occur within
Tigard's City limits when an employee is using either a personal or city owned vehicle to conduct City business,
they must report the accident immediately to their supervisor/Police Department. Since the City has numerous staff
that spend considerable time in the Urban Services Area, especially on Bull Mountain, it was suggested that an
accident that occurs within Tigard's Urban Growth Boundaries should also be reported to the supervisor/Police
Department. This amendment modifies the policy to include that geographical area.
OTHER ALTERNATIVES CONSIDERED
Not applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
ATTACHMENT LIST
1) Attachment A, Article 61.0, Reporting of Vehicular and/or Occupational Accidents, City wide Personnel
Policies, 2) Resolution Amending City wide Personnel Policies, Article 61.0, Reporting of Vehicular and/or
Occupational Accidents.
FISCAL NOTES
This is a procedural issue, without impact to the City budget
131~010 ~j
ATTACHMENT A
PERSONNEL POLICIES
No. 61.0
Pg. 1 of 1
REPORTING OF VEHICULAR AND/OR OCCUPATIONAL ACCIDENTS
Whenever a vehicular accident occurs involving a City owned vehicle or a
personal vehicle if the employee is using the vehicle while on City business, the
accident must be reported immediately to the employee's supervisor, and, if
within'the City limits or Tigard's Urban Growth Boundaries, to the Tigard Police
Department.
Further information and procedures related to this policy are contained in the City
of Tigard's Risk Management manual.
Loreen\C:\WINDOWS\TEMP\Amendment to Vehicle Accident Reporting.doc
AGENDA ITEM # L j ► W CL.-
FOR AGENDA OF Sotember 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award Annual Contracts for Office S=Iies to Office Depot and Boise Cascade.
PREPARED BY: Terry Muralt, Buyer DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUN IL
Award annual contracts for office supplies to Office Depot and Boise Cascade by "piggy-backing" off of the
Oregon State University contract. The tern of the contracts would be for one-year with the option to renew for up
to four additional one-year extensions.
ST FF RECOMMENDATION
That the Local Contract Review Board (LCRB), by motion approve award of the annual office supply contracts
with Office Depot as the primary vendor and Boise Cascade as the secondary vendor for the purchase of office
supplies and authorize the City Manager to sign the contracts.
INFORMATION SUMMARY
Currently the City is "piggy-backing" off the TriMet office supply contract. The TriMet contract is expiring so the
City needed to review the options available for the purchasing of office supplies. It is more cost-effective for the
City to "piggy-back" off an existing contract because of the time it would take for the City to conduct an
independent bid process. Another benefit in utilizing an existing contract is the buying power that the larger
agencies have in obtaining a better price. The City's annual usage for office supplies is approximately $77,000.
The City has looked at three different contracts available to "piggy-back", City of Portland, State of Oregon and
Oregon State University. After completing a cost analysis it was determined that utilizing the Oregon State
University contracts with Office Depot as the primary vendor and Boise Cascade as a secondary vendor would be
more cost-effective than the other contracts available. Under the proposed contracts, the City could realize a 7.58%
decrease in office supply expense from the current contract.
ORS 279.015(1)(g) Allows the City to utilize an existing contract from another agency that has been let by
competitive bidding and has the cooperative language in the contract. All of the above contracts mentioned meet
this rule.
OTHER ALTERNATIVES CONSIDERED
Although there are two other contracts that could be utilized by the City, when the costs are compared, the
contract that Oregon State University has with Office Depot and Boise Cascade would be approximately 7.58%
more cost effective.
VISION TASK FORCEI AND A LION f ONM"TTT STRATEGY
None
ATTACHMENT LIST
Attachment One - City contract with Office Depot and copy of Oregon State University contract.
Attachment Two - City contract with Boise and copy of Oregon State University contract.
FISCAL NOTES
The funds for this are already budgeted and approved in each Department. There is no need for additional
funding.
~oru,cucQ~d ~
"ATTACHMENT ONE" ~L>rrL~
PURCHASE AGREEMENT WITH OFFICE DEPOT .
CI'T'Y OF TIGA.RD, OREGON
Purchase Agreement
For
Stockless Office Supplies
THIS AGREEMENT made and entered into this of 2002 by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Office
Dew hereinafter called Seller.
RECITALS
a. Whereas, Seller has submitted a proposal to Oregon State University for the sale of certain goods;
and
b. Whereas, City, as a public entity, has the authority to contract with Seller under the Cooperative
Purchasing terms and conditions set forth in Oregon State University Agreement #L837202Pb
with Seller;
C. Therefore, City and Seller wish to enter into a contract under which City shall purchase the goods
and services described in Seller's original proposal.
AGREEMENT: The parties agree:
1. GOODS TO BE PROVIDED:
City shall purchase Office Supplies from Seller in accordance with, and in precedent order:
a. The terms and conditions set forth in this Agreement;
b. The original Seller's proposal, submitted to Oregon State University, attached hereto as
Exhibit A and incorporated by this reference;
C. The original Oregon State University RFP No. L837202P and specifications (including any
addenda) attached hereto as Exhibit B and incorporated herein by this reference; and
d. The City's Standard Terms and Conditions attached hereto as Exhibit C and incorporated
by this reference.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated or extended, on date. All goods under
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this Agreement shall be delivered and completed prior to the expiration of this Agreement. The City
shall also retain the rights to four (4) one-year contract extensions upon award of the Agreement.
3. COMPENSATION:
a. City hereby agrees to pay Seller the amounts detailed in the Seller's original proposal, see
Exhibit B, for the goods ordered as needed. The total purchase price shall be considered
payment for all Sellers' obligations described in this agreement. Seller shall invoice City the
purchase price upon the delivery of the goods. City shall have thirty (30) days after receipt of
invoice in which to make payment. Seller shall be responsible for the payment of all taxes
associated with the sale of the goods. City is exempt from the payment of Federal Excise Tax.
b. The City's estimated annual expenditures for office supplies is $55,000.
c. Seller shall promptly advise City of all reasonably available technological advances that are
known or become known to Seller while this agreement is in effect which may result in the
goods having added value, capacity, or usefulness when used for City's purpose. If Seller
intends to provide goods incorporating technological advances and still meeting the
specifications and the City's needs at no additional charge, Seller shall provide City with 30
days' notice of the proposed change. The City may require that only goods not incorporating
the changes be supplied by providing written notice to seller within 5 days of receiving the
notice of the proposed change. Any other changes incorporating technological advances shall
only be approved as an amendment to this agreement.
c. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
4. DELIVERY:
Seller shall deliver the goods in accordance with the schedule set forth in the contract documents
after receipt of City's order. Seller agrees to provide goods as specified in Exhibit A.
City shall inspect the goods upon receipt and shall notify Seller immediately of any damaged
items.
No language contained in a purchase order, work order, or delivery order shall vary, amend, modify,
or add terms or conditions to this Agreement under which the order is placed.
5. INSTALLATION:
Unless the Specifications (Exhibit A) or the proposal (Exhibit B) require installation by Seller, the
City shall install the goods purchased under this agreement. If Seller is to install the goods,
installation shall be completed same day as delivery. Any installation by Seller shall be in
accordance with the provision of this agreement, including all Exhibits.
6. TESTING AND ACCEPTANCE:
Seller shall test the goods prior to delivery. Seller's tests shall determine whether the goods meet
Seller's specifications and are fit for the purpose intended. Acceptance or rejection of the goods
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purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and
accept or reject goods shall neither relieve Seller from responsibility for such goods, which do not
meet the requirements in this Agreement nor impose liability on Buyer.
7. RISK OF LOSS:
Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by
the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at
the location specified by Buyer.
8. ASSIGNMENT/DELEGATION:
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
9. SUBMITTING BILLS AND MAKING PAYMENTS.
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices, bills, payments, and other information:
CFIX OF TIGARD Business Phone: (503) 639-4171 Ext. 2477
Attn: Joseph Barrett, Buyer Business Fax: (503) 639-1471
13125 SW Hall Blvd. Email Address: joseph@ci.tigard.or.us
Tigard, Oregon 97223
OFFICE DEPOT
Attn: Paul Teipel, Account Manager Business Phone: (800) 799-0102 Ext. 521
5885 North Basin Avenue Business Fax: (888) 438-0102
Portland, Oregon 97217 Email Address: pteipel@officedepot.com
10. TERMINATION
City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this
Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this
section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
i contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other
+ costs of litigation at trial and on appeal.
11. ACCESS TO RECORDS:
i
j City shall have access to such books, documents, papers and records of Seller as are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
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12. FORCE MAJEURE:
Neither City nor Seller shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties
so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in
writing of the cause of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement.
13. NON-DISCRIMINATION:
Seller agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Seller also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
14. WARRANTY AGAINST DEFECTS:
Seller warrants that the goods shall remain free of defects in material and workmanship for a
period of one (1) year commencing the date of City's acceptance. Such defects shall include any
failure of the goods to meet Seller's specifications or the description contained in Seller's product
literature. If within the warranty period City discovers such a defect, Seller shall repair or replace
the defective item or component free of charge. If after three attempts Seller is unable to eliminate
a defect, or if Seller does not commence the warranty work within the time allowed in this
paragraph, City shall have the right to return the defective item or component and, at City's option,
either obtain a full refund of the purchase price of the goods or obtain a refund, in an amount to be
agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the
defective item or component. Seller shall commence all warranty work within 48 hours of
receiving notice of the warranty claim. All warranty work shall be performed at City's facilities
unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller
shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all
repair parts furnished by Seller and all repairs performed by Seller.
15. INTELLECTUAL PROPERTY WARRANTY:
Seller warrants that none of the goods, the use thereof or any of the applications, processes or
designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent
application, copyright, trade secret or any other property right of any third party. If as a result of
any suit or proceeding alleging an infringement of any of the foregoing property rights City's use
of the equipment is enjoined, Seller shall at no cost to City either obtain for City a license to use
the goods or modify the goods so as to avoid the infringement without any degradation in
performance. If Seller cannot obtain such a license and cannot so modify the equipment, Seller
shall promptly refund to City the purchase price, less a reasonable amount for depreciation.
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16. MAINTENANCE SERVICES:
Unless otherwise provided in the Specifications (Exhibit A) or the Proposal (Exhibit B), the City
shall have the right to maintain the goods purchased under this Agreement. Repairs or
replacement of parts by the City or its agents or maintenance contractors shall not alter or void any
warranties for equipment or goods purchased under this contract.
If provided for in the Specifications (Exhibit A) or the Proposal (Exhibit B), Seller shall provide
maintenance services for a 1-year period commencing on the date of delivery under the guidelines
established in the Specifications (Exhibit A). All maintenance services shall be performed on
City's premises, unless otherwise agreed by the parties. Seller shall provide substitute equipment
of equal quality and function for City's 'use if the maintenance services will exceed 1 day in
duration. City may terminate Seller's maintenance services at any time without cause upon the
delivery of written notice. In the event of such termination, Seller's other obligations under this
Agreement shall remain unchanged and Seller shall promptly refund to City all amounts prepaid
for maintenance services and unused.
17. ASSIGNMENT OF MANUFACTURER'S WARRANTIES:
Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the
extent such warranties are assignable. In the event Seller must obtain the consent of the
manufacturer or take other action before any such warranties are assignable, Seller shall do so
prior to delivery.
18. INDEMNITY/HOLD HARMLESS:
Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or
its subsellers, agents, or employees under this contract, except, however, that the foregoing shall
not apply to liability that arises out of City's negligence.
19. INSURANCE:
Commercial General Liability Insurance: If Seller will be installing or testing the goods, or
otherwise performing services on City's premises, Seller shall provide a certificate indicating that
Seller has commercial general liability insurance covering Bodily Injury and Property Damage on
an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance. Coverage will include $1,000,000 per occurrence and $2,000,000 general annual
aggregate. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days prior to cancellation. If Seller hires a subseller to perform services on
City's premises, Seller shall ensure that Seller's subseller complies with this paragraph.
Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall
provide City a certificate indicating that Seller has business automobile liability coverage for all
owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than $1,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty (30) days in advance of cancellation. If Seller hires a carrier to make
delivery, Seller shall ensure that said carrier complies with this paragraph.
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Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing
work, labor or materials under this Contract that are either subject employers under the Oregon
Workers' Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage that satisfies Oregon law for all their subject workers or
employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon
for more than 30 days in a calendar year. Sellers who perform work without the assistance or
labor of any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
Seller shall furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract.
20. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Seller shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subsellers and
income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a
part of this agreement.
22. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY:
In the evzut any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
24. COMPLETE AGREEMENT:
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency
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between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both 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 specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Seller, by the signature
of its authorized representative, hereby acknowledges that Seller has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREGII City has caused this Agreement to be executed by its duly authorized
undersigned officer and Seller has executed this Agreement on the date hereinabove fast written.
CITY OF TIGARD
Approved by Tigard's Local Contract Review Board on: ~yyt 1 a , &OZ,
j at /0
By: City Manager Date
SELLER
By: Company Name
Print Name & Title of Authorized Representative
Signature Date
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SELLER'S PROPOSAL
O
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EXIIIB Il'
OREGON S'T'AVE UNIVERSITY
REQUEST FOR PROPOSAL
# L837202P
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EXHIBIT C
CITY OF TIGARD (Buyer)
STANDARD TERMS AND CONDITIONS
1. Packing & Shipment. Deliveries shall be made as specified, without charge for boxing, crating, carting or
storage. Material shall be suitably packed to ensure against damage from weather or transportation and to
secure lowest transportation costs, and in accordance with the requirements of common carriers. Buyer's
Order number and symbols must be plainly marked on all invoices, packages, bills of lading and shipping
orders. Packing lists shall accompany each box or package shipment. Buyer's count or weight shall be
conclusive on shipment not accompanied by packing lists. Unless otherwise specifically agreed on the reverse
side of this Agreement, all costs of packaging and shipment are included in the purchase price and all goods
will be shipped, with all costs prepaid. Risk of loss to goods in shipment (including damage, destruction, theft,
or loss) shall be borne by the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and
checked in at the location specified by Buyer in this Order.
2.Warmn y. Unless otherwise agreed in writing, Seller warrants that the products ordered will conform to the
specifications herein and to any drawings, samples, or other description firrnished or adopted by Buyer. All
products are warranted to be merchantable, to be of the highest quality design, material, and workmanship and
free from defect and to be fit for purpose intended. All warranties shall survive inspection or test, acceptance
and payment. Warranties shall run to Buyer, its successors, assigns and customers. Warranty period shall be
(1) year from date of acceptance by Buyer.
3. jnspection and Acceptance. At Buyer's request, Seller shall provide a complete inspection program;
satisfactory to Buyer, for Buyer's inspection of all materials, fabricating methods, equipment in process work
and finished products.
If this Order provides for inspection of the work by Buyer on site during the period of manufacture, Seller
agrees to provide Buyer's inspectors with reasonable facilities and assistance during such inspection.
Inspection by Buyer shall not unduly delay the work. Buyer may charge Seller any additional cost incurred by
Buyer if the work is not ready in accordance with the inspection schedule. Any inspection made or Waiver-of-
Inspection-Notice given by Buyer will not relieve Seller from its responsibilities for delivering products and
work hereunder.
Acceptance or rejection of the products shall be made up to 10 days after delivery and inspection by Buyer
except as otherwise provided herein. Failure to inspect and accept or reject products shall neither relieve Seller
from responsibility for such products, which do not meet the requirements herein nor impose liability on Buyer
therefor.
4. DeliverX. If Seller fails to meet the delivery schedule provided herein, Buyer may require Seller to deliver the
products, or any portion thereof, in any manner commercially necessary to speed delivery, all at the Seller's
sole expense. Unless otherwise agreed upon in writing by Buyer and Seller, Seller shall be required to pay the
normal freight weight plus any premium rate required. Invoices covering products shipped in advance of the
date specified will not be paid until after the date specified for delivery and are subject to rejection, as provided
in this paragraph immediately below, if shipped too early.
Neither party shall be liable for delays or defaults due to strike, fire, windstorm, riot, natural di., aster, war, civ ;l
unrest or other similar unforeseeable cause beyond the control and without the fault or negligence of the ps,cty
incurring such delay. Seller shall notify Buyer in writing of the existence of such cause within five (5) nays
after the commencement of the delay or default giving pertinent information concerning such cause. No
delivery shall be made more than seven (7) days prior to the applicable delivery date, and Buyer shall have the
right to return earlier deliveries at Seller's risk and expense or charge to Seller any additional costs sustained
because of the same.
5. Buyer-Furnished Mae 'al . Seller shall assume all risk of loss of any material furnished by Buyer to Seller for
use in performance of this Order.
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6.Ta=e. Seller shall not invoice Buyer for any taxes nor include in Sellers price any federal excise, state, or city
tax or any other tax, unless Seller has first asked Buyer for Buyers tax exemption number and it has been
agreed upon between both parties that Buyer is not exempt from the tax.
7. Changes. Buyer may, by written order, make changes including changes in drawings or specifications. Buyer
will equitably adjust any difference in cost or time for performance resulting from such change and the Order
modified in writing accordingly. ANY CLAIM BY SELLER UNDER THIS CLAUSE MUST BE
ASSERTED IN WRITING WITHIN 30 DAYS FROM THE DATE OF SELLER'S RECEIPT OF THE
CHANGE ORDER OR THE CLAIM WILL NOT BE ALLOWED.
In the event that Buyer proposes any change prior to making such change by written order and such change
will have an effect on the warranty of the products procured by this Order, Seller shall notify Buyer in writing
of such effect within 10 days of receipt of such proposal.
8. Advertising. Seller shall not, without the written consent of Buyer, in any manner advertise or publish the fact
that Seller has furnished or contracted to furnish to Buyer the products herein.
9. Cancellation for Cause. Buyer may cancel all or any part of the undelivered portion of this Order if Seller
breaches any of the terms hereof or in the event of any of the following: Insolvency of Seller, a voluntary or
involuntary petition in bankruptcy for, by or against Seller, the appointment of a receiver or trustee for Seller,
or an assignment for the benefit of creditors by Seller or if Buyer has reasonable cause to believe Seller will
become insolvent, file for bankruptcy, go out of business or that the products being shipped may be subject to
lien, claim or attachment by a creditor of Seller. Any such cancellation under this section shall be cancellation
for cause and in the event of such cancellation, Buyer shall have the right to complete, or cause to have
completed, this Order including the right to cause Seller to produce, without liability of any kind to the Buyer,
proprietary items of the Seller as necessary to complete the Order. The remedies and damages in this section
shall be cumulative and in addition to any other or further remedies provided at Law or in Equity, including
reasonable and necessary attorney's fees and other costs of litigation.
IO.Termination. City has the right, in its sole discretion, to terminate without cause or for no cause, to
termination this Agreement at any time by giving notice to Seller. If City terminates the contract pursuant
to this section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs
of litigation at trial and on appeal.
11. Assignment and Subcontracting. Seller may not assign or subcontract any of its rights or obligations
hereunder without the prior written approval of Buyer. Any unapproved assignment shall be void. Seller shall
be fully responsible for the acts or omissions of any subcontractors and all persons employed by them, and
neither the approval by Buyer of any subcontract nor anything contained herein shall be deemed to create any
contractual relation between the subcontractor and the Buyer. Buyer may assign its rights under this Order.
12. Work on Buyers Premises. If Sellers performance of this Order involves operations by Seller on Buyers
premises, Seller shall (a) provide all necessary and sufficient safeguards and take all proper precautions against
the occurrence of injury to any person or damage to any property, and shall be responsible for and shall
indemnify and hold harmless Buyer, its representatives, officers, employees, and agents from any and all loss,
suit, action or claim, including cost and attorney's fees, by reason of injury, including death, to any person and
cant' public liability and property damage insurance with limits of liability of not less than $300,000 each,
unless higher limits are required by a signed purchase agreement, with contractual liability endorsement and
such insurance of employees as may be required by any workmen's compensation act or other law, regulation
or ordinance which may apply in the premises. Such public liability and property damage insurance shall also
cover the operation of Seller's vehicles used in the performance of Sellers operations. Any policy of insurance
written in accordance with the foregoing shall be appropriately endorsed to named Buyer, it's officials,
employees and agents as additional insureds, with provisions that such insurance is primary insurance with
respect to their interest, and that any other insurance maintained by Buyer is excess and not contributory
insurance with the insurance required hereunder, with cross-liability or severability of interest provisions, and
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shall further provide that the coverage provided thereby shall not be modified or discontinued or terminated
except upon 30 days prior written notice to Buyer. Compliance shall be verified by Certificate of Insurance
with appropriate endorsements sent to Buyer prior to Seller commencing work on Buyer's premises. Any
work performed on Buyer's premises must be done pursuant to all OSHA standards, all applicable State and
Federal health and safety laws, rules and regulations and all workers must be covered by workers'
compensation insurance furnished through and paid for by Seller.
13. Stop Work Order. Buyer may, at any time by written order to Seller, require Seller to stop all, or any part of
the work called for by this Order for a period of 90 days after the written order is delivered to Seller, and for
any further period to which the parties may agree and for any other period to which the parties may have
agreed or as provided in Section 4, 10, and/or 11. Within the period of 90 days or less or within any extension
of that period, Buyer shall either: (a) cancel the "Stop Work Order" and direct Seller to resume work; or (b)
terminate the work covered by this Order. If Buyer orders Seller to resume work, Seller shall be entitled to any
equitable adjustment pursuant to Section 8 provided a claim for such an adjustment shall, be submitted by
Seller within 30 days after the end of the period of work stoppage.
14. a e . Payment date and cash discount period shall be calculated from the date of Buyer's receipt of an
acceptable invoice and Buyer's acceptance of the products and supporting documentation at destination.
15. Information/Data. Unless otherwise agreed in writing any designs, drawings, specifications, or other
manufacturing information furnished by Buyer to Seller shall be confidential to Buyer and is finished solely
for the performance of this Order. All copies of such information shall be returned to Buyer upon completion
of the Order. Any designs, drawings, specifications, or other manufacturing information delivered by Seller to
Buyer may be used for any purpose whatsoever. The foregoing shall apply notwithstanding the presence or
absence of any contrary legend or statement on any of such information. All business and governmental
information materials containing business and governmental information provided by Buyer to Seller shall be
treated as confidential.
16. Compliance with Laws and Regulations. Seller warrants that all products, goods, or work delivered and
performed shall comply with all applicable Federal, State or Local Laws or Regulations including without
limitation The Occupational Safety and Heath Act (29 USC. Chapter 15); Federal Hazardous Material
Transportation Act (49 USC. Chapter 27); Equal Employment Opportunity; E.O. 11246 and 41 CFR Sections
60-1.4 and 60-1.7; Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-741-4; Utilization of
Minority Enterprises E.O. 11625 and 41 CFR Subpart 1-1.13; Age Discrimination E.O. 11141, Employment
of Veterans E.O. 11701 and 41 CFR Section 50-250.4 and all rules, regulations and amendments issued
pursuant to the foregoing.
Seller shall indemnity Buyer, its officers, employees and agents against any damages, penalties, costs or
expenses incurred in connection with any alleged violation of any Federal, State or Local Law or regulating the
manufacture or sale to the Buyer of any Item covered by this Order.
17. Patents Copyrights. Trademarks. Seller warrants that no products will be furnished hereunder, which
infringe or contribute to the infringement of any letters patent, copyright or trademark. Seller agrees to
immediately replace at its sole cost any products furnished hereunder which infringe or contribute to the
infringement of any letters patent, copyright or trademark or to take all steps necessary at Seller's sole expense
to remove such infringement.
Seller will indemnify and hold harmless Buyer, its representatives, officers, employees and agents from and
against any and all costs, royalties, damages and/or expenses which may arise out of or result from, or be
reasonably incurred in contesting any claims that the methods, processes or acts by the Seller or its employees
or the products famished hereunder, infringes or contributes to the infringement of any letters, patent,
copyright or trademark.
18._ a"v r. The failure of Buyer to enforce at any time any of the provisions of this Order or to exercise any
option herein provided, shall not be a present or future waiver of such provisions, nor in any way affect the
validity of this Order or any part hereof, or the right thereafter to enforce each and every such provision. The
express waiver (whether one (1) or more times) of any provision, condition or requirement shall not constitute
a waiver of any future obligation to comply with such provision, condition or requirement.
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19.IndMendent Contractor. Seller is an independent contractor and persons employed by Seller shall be
employees of Seller and not employees of Buyer.
20.Complete Am ment. The Purchase Order and any referenced attachments constitute the complete
agreement between the parties. Except as otherwise provided herein, it is subject to change only by an
instrument signed in writing by both parties.
21. Acccptance by Performance, If Seller fails provide to Buyer with a signed copy of this order, but
delivers product or performs the services specified in this agreement, then Seller agrees that the Seller shall be
deemed to have accepted the terms and conditions of this order, as provided on both the front and this reverse
side of the order. Buyer must agree any changes or modifications to this order by Seller to, in writing, or they
shall not be deemed accepted by Buyer and if the Seller delivers the products nonetheless, then the original
terms and conditions of this order shall govern.
22. Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the terms, conditions
or the performance of this order, then it is hereby agreed by both Buyer and Seller that the dispute shall be
submitted fast to non-binding mediation, to be performed by a sole mediator to be agreed upon between Buyer
and Seller. If a mediator cannot be agreed upon, then the parties agree that any Circuit Court judge for the
State of Oregon, County of Washington, shall be authorized to appoint a mediator for the parties.
Should the parties fail to reach an agreement through mediation, then the parties shall submit to binding
arbitration, which shall be governed by the rules of the Arbitration Service of Portland, and shall be conducted
within Washington County. The arbitration shall be conducted by a single arbitrator chosen by mutual
agreement of the parties. If the parties are unable to agree on an arbitrator, the parties shall ask the Presiding
Judge of the Circuit Court for Washington County to select the arbitrator. If the arbitrators determine that one
party is the prevailing party, then the losing party shall be required to pay all fees and costs of the arbitration.
On the other hand, if the arbitrators determine that neither party is to be considered the prevailing party, then
the fees and costs of the arbitration shall be divided equally between the parties. The parties knowingly and
voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. In the event a party
fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the
arbitrator's award, then the other party shall be entitled to costs, including reasonable attorney fees, for having
to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator and any
individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third
parties arising out of this order or the arbitration.
23. Jurisdiction and Attorney Fees. This order shall be governed and construed according to the laws of the State
of Oregon. If a dispute shall arise under this order necessitating the services of an attorney, then the prevailing
party shall be entitled to collect from the losing party all of its/his/her reasonable costs and attorney fees, either
in arbitration (if awarded by the arbitrator as provided above), or by a court before which any matter
concerning this order may be heard, both at trial and on appeal.
24. Neutral Interpretation. This order constitutes the product of negotiations between the parties hereto. Any
enforcement hereof will be interpreted in a neutral manner and not more strongly for or against any party based
upon the source of draftsmanship.
25. Severabilitv. Nothing contained herein shall be construed to require the commission of any act contrary to
law, and wherever there is any conflict between the provisions contained herein and any present or future
statute, law, ordinance or regulation contrary to which to the parties have no legal right to contract, the latter
shall prevail. The provision of this Agreement, which is affected, shall be curtailed and limited only to the
extent necessary to bring it within the requirement of the law.
26. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal
holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such
holiday, then that period shall be extended to include the next day which is not a Saturday, Sunday or holiday.
Notice. Any notice required or permitted to be given by either party to the other shall be deemed to have been
given when sent via telecopy, overnight air courier, or deposited in the United States mail certified, return
receipt requested, with first class postage prepaid, addressed as indicated on the front of this order, or addressed
\\TIG44\USR\USERS\TERRY\DOCS\DOC\CONTRACT\OFFICE SUPPLY - OFFICE DEPOT.doc
to either party at such other address as such party shall hereafter furnish to the other party in writing. Notice
shall also be considered effective upon delivery if personally delivered.
27. Conditions of Suppl dg a Public Agency. Where applicable, seller must make payment promptly as due to
persons supplying Seller labor or materials for the execution of the work provided by this order. Seller must
pay all contributions or amounts due from Seller to the industrial accident fund incurred in the performance of
this order. Seller shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision
of Buyer on account of any labor or material to be finished. Seller further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
28. Pa=ml of Claims by Public Officers. In the event that Seller fails, neglects or refuses to make prompt
payment of any claim for labor or services furnished to Seller or a subcontractor of Seller by any person in
connection with the performance of this order when such claim becomes due, then the proper officer or
officers representing the Buyer hereunder may pay such claim to the person firmishing the labor or services
and charge the amount of the payment against the funds due or to become due to the Seller by reason of this
order. The payment of a claim in the manner authorized by this provision shall not relieve the Seller or any of
the Seller's surety from obligations with respect to any unpaid claims.
29. $sal_tb Care Benefits for Seller's Emoioy . If this order involves public service, then Seller must provide
healthcare benefits to all employees who are performing services previously. performed by public employees
performing similar duties under this order.
30. Hours of Labor. If labor is performed under this order, then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or
where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services
as defined in ORS 279.050, the labor shall be paid at least time and a half for all overtime in excess of eight (8)
hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279.334. In
cases of contracts for personal services as defined in ORS 279.050, any labor shall be paid at least time and a
half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded
under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
31. Medical Care and Workers' Comvensation. Seller shall promptly, as due, make payment to any person, co-
partnership, association or corporation, famishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury, to the employees of such Seller, of all sums which the Seller agrees to
pay for such services and all moneys and sums which the Seller collected or deducted from the wages of the
employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service.
i
\\TIG44\USR\USERS\TERRY\DOCS\DOC\CONTRACIROFFICE SUPPLY - OFFICE DEPOT.doc
MEN mill
Office of Property, Contract, and Risk Management Services - Purchasing
Oregon State University
644 SW 13t' Street
Corvallis, Oregon 97333-4238
Telephone: 541-737-4261 Fax: 541-737-2170
Contract number t-837202Pb is made and effective l ~ r1l s
. 1 ~33 , 2002, by and
between The State of Oregon acting by and through tth Stat Board of Higher Education, on
behalf of Oregon State University (OSU) and Office Depot (Contractor).
Contractor will provide a Stockless Office Supply Program to OSU as detailed in Appendix 1 -
Scope of Work.
Definitions: mutual consent of both parties or at OSU's discretion
with a 30-day notice.
"Contract" means the entire written agreement
between the parties, including but not limited to the Prime Contractor Responsibilities: Unless
Invitation to Bid or Request for Proposal and its otherwise stated in this Contract, Contractor shall
specifications, terms and conditions; solicitation assume responsibility for all services contracted for,
instructions; solicitation addenda and contract regardless of whether Contractor is a bidder or the
amendments, if any; the contractor's proposal; and manufacturer, producer, or supplier of the services. ,
the purchase order or price agreement document;
Performance: OSU reserves the right to cancel the
"Contractor" means a person or organization with contract with 30 days notice to contractor if OSU
whom OSU has contracted for the, provision of the deems, in its own judgment, that the contractor fails
service or services under this contract. The terms to meet the expectations of this contract as
"Contractor" and "Seller" as used in the Uniform evidenced by a significant number of complaints
Commercial Code (ORS chapter 72) are from faculty or staff. Examples of failure to meet
synonymous; expectations may include, but are not limited to:
inaccurate billings, or a high turnover rate of
'Department" Means any institution, institution customer service representatives.
department or other political subdivision (as
authorized) which is party to the contract. Failure to Perform Remedy: If Contractor fails to
perform any material obligation under this Contract,
"OARS" means the Administrative Rules adopted by and 30 calendar days after receipt of written notice
the State of Oregon Board of Higher Education. describing with reasonable particularity the
character of the default Contractor has not cured the
"ORS" means the Oregon Revised Statutes; failure, then OSU may terminate the contract without
additional cause.
"OSU" means Oregon State University and is
synonymous with "Buyer" as used in ORS Chapter Liquidated Damages: If OSU determines that the
12. "OSU" also mean other parties to the contract if Contractor has been using false or overstated cost
the purchase is being made under a cooperative for goods sold, or if Contractor has used a false or
agreement. overstated mark-up for the goods sold, OSU may
impose a fine on the Contractor based on ten times
"OSU Purchasing Department" means the (10 x) the difference between•what was charged and
Purchasing Department of the Property what should have been charged for every unit
Management Department of Oregon State purchased by OSU prior to the error being
University. uncovered.
Terre of Contract: The initial term of this contract Independent Contractor Status: The service or
shall be one (1) year from date of complete contract services to be rendered under this contract are
execution with possible extensions not to exceed 7 those of an independent contractor. Contractor is
years, beginning on award date of Contract. not an officer, employee or agent of OSU as those
terms are used in ORS 30.265.
Termination: The contract may be terminated by
1
11111E N1111ME0111M milli 1110111111111101111
Retirement System Status: Contractor is not a documents, papers plans and writings of Contractor
contributing member of the Public Employees' which relate to thiA;ntract, to perform examination,
Retirement System and will be responsible for any and audits and make excerpts and transcfipts.
federal or state taxes applicable to payment under • .
this contract. Contractor will not be eligible for any Taxes - Federal and Local: OSU yvill not be
benefits from these contract payments of federal responsible for any taxes coming due as a result of
Social Security, employment insurance, workers' this contract, whether federal, state, or local. It is
compensation or the Public Employees' Retirement agreed that the Contractor has anticipated these
System, except as a self-employed individual. taxes and included them in the proposal.
Government Employment Status: Nondiscrimination: Contractor shall comply with
A. If this payment is to be charged against federal all applicable requirements of federal and state civil
funds, Contractor certifies that it is not currently rights and rehabilitation statutes, rules and
employed by the federal government. regulations.
B. Contractor certifies it is not an employee of OSU.
• Compliance With Applicable Laws: Contractor
Assignment/Subcontract/Successors: Contractor shall comply with all federal, state and local laws,
shall not assign, sell, transfer, or subcontract rights, codes, regulations and ordinances applicable to the
or delegate responsibilities under this contract, in provision of goods under this contract, including,
whole or in part, without the prior written approval of without limitation, the provisions of ORS 279.312,
the OSU Purchasing Department. No such written 279.314, and 279.316 (1), and the provisions of. (1)
approval shall relieve Contractor of any obligations Title VI of the Civil Rights Act of 1964; (ii) Section V
of this contract, and any transferee or subcontractor of the Rehabilitation Act of 1973; (iii) the Americans
shall be considered the agent of Contractor. with Disabilities Act of 1990 (Pub L No. 101-336).
Contractor shall remain liable to OSU under the ORS 659.425, and all amendments of and
contract' as if no such assignment, transfer, or regulations and administrative rules established
subcontract had occurred. pursuant to those laws; and (iv) all other applicable
requirements of federal and state civil rights and
Award to Foreign Contractor: If the amount of this rehabilitation statutes, rules and regulations.
contract exceeds $10,000 and if Contractor is not
domiciled in or registered to do business in Oregon, Governing Law: This Contract shall be governed
Contractor shall promptly provide to the Oregon and construed in accordance with the laws of the
Department of Revenue all information required by State of Oregon. Any claim, action, or suit between
that Department relative to this contract. OSU shall OSU and Contractor that arises out of or relates to
withhold final payment under this contract until performance of this contract shall be brought and
Contractor has met this requirement. conducted solely and exclusively within the Circuit
Court for Marion County, for the state of Oregon.
Waiver: Failure of OSU to enforce any provision of Provided, however that if any such claim, action, or
the contract shall not constitute a waiver or suit may be brought only in a federal forum, it shall
relinquishment by OSU of the right to such be brought and conducted solely and exclusively
performance in the future nor of the right to enforce within the United States District Court for the State
that or any other provision of this contract. of Oregon. Contractor hereby consents to the in
personam jurisdiction of said courts.
Successors in Interest: The provisions of this
contract shall be binding upon and shall inure to the Attorney Fees: In the event a lawsuit of any kind is
benefit of the parties to the contract and their instituted on behalf of OSU to collect any payment
respective permitted successors and assigns. due or to obtain performance of any kind under this
contract, Contractor shall pay such additional sums
Severability: If any provision of this contract is as the court may adjudge for reasonable attorney
declared by a court to be illegal or in conflict with fees plus all costs and disbursements at trial and on
any law, the validity of the remaining terms and any appeal.
provisions shall not be affected; and the rights and
obligations of the parties shall be construed and Amendments: The terms of this contract shall not
enforced as if the contract did not contain the be waived, altered, modified, supplemented or
particular provision held to be invalid. amended in any manner whatsoever without prior
written approval of the OSU Purchasing
Access To Records: The Contractor shall maintain Department.
all fiscal records relating to this contract in Merger: This contract constitutes the entire contract
accordance with generally accepted accounting between the parties. There are no understandings,
principles and shall maintain any other records oral or written, not specified herein regarding this
relating to this contract in such a manner as to contract. No amendment, consent, Vr waiver of
clearly document Contractor's performance terms of this contract shall bind either party unless in
hereunder. OSU and its departments, the Secretary writing and signed by all parties. Any such
of State Audits Division, the federal government and amendment, consent, or waiver shall be effective
their duly authorized representatives shall have only in the specific instance and for the specific
access to such fiscal records and to all other books, purpose given. Contractor, by the signature hereto
2
of its authorized representative, acknowledges 656.017, which r ~luires them to provide workers'
having read and understood the contract and compensation coveiege that satisfies Oregon law for
contractor agrees to be bound by its terms and all their subject workers or shall comply with the
conditions. exemption set ouain ORS 656.126.
INSURANCE REQUIREMENTS Primary Coverage: Insurance carried by contractor
under this purchase order or contract shall be the
Indemnity/Responsibility For Damages: primary coverage and Oregon State University's
Contractor shall indemnify, defend and hold insurance is excess and solely for damages or
harmless Oregon State University, its officers, losses for which Oregon State University is
departments, agents, employees and members, responsible.
from all claims, suits or actions, of any nature,
resulting from the activities of contractor, its officers, Certificates Of Insurance: As evidence of the
subcontractors, agents- or 'employees under this insurance coverages required by this contract, the
purchase order or contract. Contractor shall furnish Certificate(s) of Insurance to
Oregon State University, Purchasing Department,
Comprehensive Auto Liability Insurance And upon request. The Certificate(s) will specify all of
General Liability Insurance: Contractor shall the parties who are Additional insureds (or Loss
obtain, at Contractor's expense, and keep in effect Payees). Insurance coverages required under this
during the term of this purchase order or contract, contract shall be obtained from acceptable
Comprehensive Auto Liability and General Liability insurance companies or entities. The Contractor
Insurance. Such Insurance policy is to be issued by shall be financially responsible for all deductibles,
an insurance company authorized to do business in self-insured retentions and/or self-insurance
the State of Oregon. Contractual, product and included hereunder.
completed operations liability combined single limit
per occurrence shall not be less than $1,000,000, or Notice Of Cancellation Or Change: There shall be
the equivalent. Each annual aggregate limit shall no cancellation, matetial change, potential
not be less than $1,000,000, when applicable. exhaustion of aggregate limits or intent not to renew
Oregon State University and the Oregon State insurance coverage(s) without 30 days' written
System of Higher Education, their officers, notice from the Contractor or its insurer(s) to Oregon
employees and agents shall be included as State University, Purchasing Department. Any
additional insured in said insurance policy. failure to comply with the reporting provisions of.this
insurance, except for the potential exhaustion of
Workers' Compensation: The Contractor, its aggregate limits, shall not affect the coverage(s)
subcontractors, if any, and all employers providing provided to the State of Oregon, its Board of Higher
work, labor or materials under this Contract are Education and their divisions, officers, and
subject employers under the Oregon Workers' employees.
Compensation law and shall either comply with ORS
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized
representatives as of the date first written above.
The State o O gon, actin y an hrough the Contractor
State Boa of igher, t' alfof
Oregon S to ni
By: U IJ4
Aaron D. Howell, C.P.M., CPPO me: ~2 I /l~NQ~U y~
Purchasing Managers/Contracts Officer Title: I -C 0 U N 7 r ~/r//✓/glj 'C
Date: `Z! Date: 3 _
r
a .
3
Appendix 1
SCOPE OF WORK
Usage:
• Other OUS institutions, municipalities, and other organizations shall be able to use this Contract
with the approval of OSU and the Contractor as long as usage will not negatively impact OSU's
pricing.
Contractor will provide the following services:
Implementation including:
• Working with OSU to set up account.
o Billing & Reporting
o Credit Services
o Product Purchasing & Replenishment
o Warehouse Operations & Distribution
o Strategic & Tactical Field Support
o Customer Service Support
o Internet Set Up
• Introduction of program to OSU customers
• Initial training of customers at no expense to OSU
• Distribution of catalogs and pricers
Customer Service including:
• Assigning an Account Manager to OSU.
• Responding to customer issues within 4 hours of initial contact
• On-going customer training on an "as needed" basis
• Attending quarterly review sessions with the OSU Contract Administrator.
• Attending OSU's annual Merchant Expo (usually held in May) and providing a $1000.00 lunch
sponsorship for that event
On-line Capabilities including:
• Catalog shopping
• Ordering
• Reporting
• Technical Assistance
• Secure communications via the Internet.
Stable Pricing:
j • Price changes will be allowed at semi-annual intervals after Contractor submits a written request
to the Contract Administrator. Request for price changes must be received at least 21 days prior to
the proposed effective date. Prices may only be changed after the Contract Administrator gives
Contractor written approval.
• Pricing will be subject to a third party audit at Contractor's expense no more than once a year.
• Accurate pricing is guaranteed.
v
Easy Ordering Processes:
• If pricing changes, custom pricers will be updated and distributed to OSU customers
• Catalogs will be provided and distributed annually
• There will be multiple methods of ordering including:
4
o Phone
o Fax
o Internet
■ Contractor will work with OSU to provide incentives to attract customers to use
this method of placing orders.
o Store purchases with use of OSU/Office Depot contract card
• Contractor will provide a fill rate that exceeds 98%.
• Specific items or groups of items may be restricted from products that are available for purchase
by OSU Customers.
• Backorders will be reported to the customers quickly. Customers will be given a choice of
canceling, substituting, or keeping the backordered items on order. In the case of discontinued
items, customers may select a comparable item or cancel.
Eco-friendly packaging:
• Packaging materials will be reusable, returnable, or recyclable and in the smallest sized container
possible to allow products to be delivered without damage. Orders for each delivery point will be
packed individually with shipping labels that include the following:
o Department name
o .-Section br Unit name (if available)
o Location
o Customer's name
o Order number
o Number of packages
• Maximum Carton weight will not exceed 45 pounds. Paper products packaged in standard cases
exceeding 45 pounds are excluded from this limit, but should not exceed 75 pounds.
Free shipping for products:
• There will be no freight expense to OSU for products shown in the full-line catalog. There may be
an occasional freight charge for special order merchandise. Customers will be informed of the
charges in advance of delivery.
Delivery of Products:
• Orders will be delivery between 9:00 and 5:00, Monday through Friday on the next business day
after the order is received, if the order is placed by 4:00 PM.
• Orders will be delivered to statewide programs in every county in Oregon. No freight charges will
be added to the order.
• Special Delivery Points can be accommodated on request.
• Contractor will use a signature tracking and reporting system "OD S.T.A.R." as a way to provide
proof of delivery.
• Packing slips will accompany each order and show actual invoice pricing.
Cures for Rejected Products:
• Contractor will guarantee everything sold to OSU.
• Returns will be handled by placing a call to the Contractor's Customer Service Department and
giving a brief description of the reason for the return/credit. Internet users may place their own
returns. Products will be picked up within 5 working days.
• Products can be returned for full credit within 30 days from the date of purchase. With the
exception of damaged or defective items, products must be returned in resalable condition and in
the original manufacturer's packaging where applicable.
• Damaged or defective products will be replaced at no charge.
• There will be no restocking charges for stocked items. V
Eco-friendly products:
• Contractor will offer a full line of eco-friendly products to OSU. Products are clearly marked in
the catalog.
5
• Contractor will increase the number of Environmentally Preferable Products by at least five
percent (5%) over the next year and by at least five percent (5%) inYthe year that followg.
C Contractor will work with OSU to establish programs to achieve QSU's recycling goal's for printer
ribbons and toner cartridges.
e Contractor's catalog will be recyclable and the pricer will be made of 100% recycled material.
Supplier Diversity:
• Contractor's catalog will indicate products that are offered by minority-owned, women owned,
and physically challenged business enterprises (MWDVE).
Additional Services:
• Paper Program
o The default copier and printer paper for OSU will be Office Depot Red Top copy paper
(348-037).
o Price per ream = $2.08
o Price per case = $20.79
o Price per pallet = $824.00
• Furniture
o Stock items in catalog will be available at contract pricing
o Special order items from such manufacturers as HON, Global, Teknion, United Chair,
etc. will be quoted per project as needed. A furniture account manager is able to
coordinate space planning and installation services.
• Other Services
o Provision of Business Machines, Computer Supplies, & Accessories
Self-Management:
Y Contractor will collect information regarding customer satisfaction and report findings to OSU
during quarterly business reviews. Methods to be used are as follows:
o Surveys to customers regarding satisfaction with service and processes
Performance Audit:
O Contractor will work with OSU to conduct periodic performance audits in all areas of services
required of this Contract (e.g., delivery, fill rate, customer representatives) throughout the term of
the Contract.
• Contractor will partner with OSU to ensure that the office supply distribution system operates
well.
Reporting required for quarterly review and annual renewals:
• Reports can be sorted up to 6 levels using a combination of fields including customer number,
customer product code, customer department number, Contractor product code; catalog vs. non-
catalog products, contract vs. non-contract products, end-user name or desktop location,
Contractor merchandise department, parent number if usage is rolled up by groups, Customer
requisition number, ship to or location number, Contractor product categories, purchase order
number, or product description.
• Media choices for reports are: paper, diskette, tape, and EDI.
• Available formats include, but are not limited to:
o Usage Reporting
o Cost Savings Opportunity Reporting
o Distribution Cost Reporting v
o Administrative Cost Reporting
o Product Reporting
• General account and order information will be available via the Internet for a period of 18 months
o OSU will designate end-users that will have access to online reporting
6
• Reports will be available electronically in Excel format via e-mail vyithin 24 hours.
Administrative Fee:
• Contractor will make payments to OSU Purchasing Department equal to one percent of the total
sales, based on data compiled by the Contractor and supplied to OSU. These payments will be
made quarterly in arrears, with the first payment due at the first quarterly business review meeting.
Invoicing and Payment:
• Send invoices to branch offices when required. Invoice will contain the following information as
required by the customer:
o Agency/Account number
o Cost Center - Alpha and/or numeric field designated by order organization for internal
audit control, if used
• o Ordering Organization - Delivery address of customer.
o Stock Number and Description - Includes unit of issue, brief description
o Quantity issues, unit price and extended price
o Shipping code - Unique alpha codes(s), or complete description, to identify the following
conditions
• Item is temporarily out of stock, will ship later
• Discontinued item
• Insufficient stock to fill entire order, please reorder. Note: A back-order should
be established if an ordering organization requests it.
o Ordering Number
• Contractor's order document number
■ Method of order submission
o Facsimile, Mail, Phone, Electronic, or Other ,
■ Date Contractor received order i
o Totals
■ Total for each order
■ Total for each cost center, if multiples are used on the same order
■ Total charges for ordering organization. The bottom of each invoice shall have
a total for all orders, a total for all credits, and amount due.
• Work with OSU Payables to become a part of the Central Pay program.
• Payment Terms will be Net 60.
Pricing:
• All items in the Contractor's catalog, as well as infrequently ordered items which are not
contained in the Contractor's catalog, but that are within the scope of this Contract, shall be
considered part of this Contract. The Contractor will use a 21.9% or lower mark-up over suppliers
cost as the basis for pricing on all catalog and non-catalog items.
For clarification of any ambiguities in the above Scope of Work, reference OSU RFP # L837202P and
Contractor's proposal, which are incorporated herein by reference.
7
• 9 /l OZ l1r~ i~2r? rug , did
"ATTACHMENT TWO" er
PURCHASE AGREEMENT WITH BOISE "
CITY of TIGARD, OREGON
Purchase Agreement
For
Stockless Office Supplies
THIS AGREEMENT is made and entered into this of . 2002 by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Boise,
hereinafter called Seller.
RECITALS
a. Whereas, Seller has submitted a proposal to Oregon State University for the sale of certain goods;
and
b. Whereas, City, as a public entity, has the authority to contract with Seller under the Cooperative
Purchasing terms and conditions set forth in Oregon State University Agreement #L837202P(1)
with Seller;
C. Therefore, City and Seller wish to enter into a contract under which City shall purchase the goods
and services described in Seller's original proposal.
AGREEMENT: The parties agree:
1. GOODS TO BE PROVIDED:
City shall purchase Office Supplies from Seller in accordance with, and in precedent order:
a. The terms and conditions set forth in this Agreement;
b. The original Seller's proposal, submitted to Oregon State University, attached hereto as
Exhibit A and incorporated by this reference;
C. The original Oregon State University RFP NTo. L837202P and specifications (including any
addenda) attached hereto as Exhibit B and incorporated herein by this reference; and
d. The City's Standard Terms and Conditions attached hereto as Exhibit C and incorporated
by this reference.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution by the City's Local Contract
Review Board and shall expire, unless otherwise terminated or extended, on June 30, 2003. All
goods under this Agreement shall be delivered and completed prior to the expiration of this
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-a- _1 EIREMEW I
Agreement. The City shall also retain the rights to four (4) one-year contract extensions upon award
of the Agreement.
3. COMPENSATION:
a. City hereby agrees to pay Seller the amounts detailed in the Seller's original proposal, see
Exhibit B, for the goods ordered as needed. The total purchase price shall be considered
payment for all Sellers' obligations described in this agreement. Seller shall invoice City the
purchase price upon the delivery of the goods. City shall have thirty (30) days after receipt of
invoice in which to make payment. Seller shall be responsible for the payment of all taxes
associated with the sale of the goods. City is exempt from the payment of Federal Excise Tax.
b. The City's estimated annual expenditures for office supplies is $55,000.
c. Seller shall promptly advise City of all reasonably available technological advances that are
known or become known to Seller while this agreement is in effect which may result in the
goods having added value, capacity, or usefulness when used for City's purpose. If Seller
intends to provide goods incorporating technological advances and still meeting the
specifications and the City's needs at no additional charge, Seller shall provide City with 30
days' notice of the proposed change. The City may require that only goods not incorporating
the changes be supplied by providing written notice to seller within 5 days of receiving the
notice of the proposed change. Any other changes incorporating technological advances shall
only be approved as an amendment to this agreement.
c. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
4. DELIVERY:
Seller shall deliver the goods in accordance with the schedule set forth in the contract documents
after receipt of City's order. Seller agrees to provide goods as specified in Exhibit A.
City shall inspect the goods upon receipt and shall notify Seller immediately of any damaged
items.
No language contained in a purchase order, work order, or delivery order shall vary, amend, modify,
or add terms or conditions to this Agreement under which the order is placed.
5. INSTALLATION:
Unless the Specifications (Exhibit A) or the proposal (Exhibit B) require installation by Seller, the
City shall install the goods purchased under this agreement. If Seller is to install the goods,
installation shall be completed same day as delivery. Any installation by Seller shall be in
accordance with the provision of this agreement, including all Exhibits.
6. TESTING AND ACCEPTANCE:
Seller shall test the goods prior to delivery. Seller's tests shall determine whether the goods meet
Seller's specifications and are fit for the purpose intended. Acceptance or rejection of the goods
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purchased shall occur 10 days after delivery and inspection by Buyer. Failure to inspect and
accept or reject goods shall neither relieve Seller from responsibility for such goods, which do not
meet the requirements in this Agreement nor impose liability on Buyer.
7. RISK OF LOSS:
Risk of loss to goods in shipment (including damage, destruction, theft, or loss) shall be borne by
the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and checked in at
the location specified by Buyer.
8. ASSIGNMENT/DELEGATION:
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
9. SUBMITTING BILLS AND MAKING PAYMENTS.
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. 'The following addresses
shall be used to transmit notices, bills, payments, and other information:
C1TY !QF TIGBusiness Phone: (503) 639-4171 Ext. 2477
Attn: Joseph Barrett, Buyer Business Fax: (503) 639-1471
13125 SW Hall Blvd. Email Address: joseph@ci.tigard.or.us
Tigard, Oregon 97223
BOISE
Attn: Jess Matza, Account Executive Business Phone: 503-286-8800
4660 North Channel Avenue Business Fax: 503-283-1494
Portland, Oregon 97217 Email Address: jess.matza@mail.bcop.com
10. TERMINATION
City has the right, in its sole discretion, to terminate without cause or for no cause, to termination this
Agreement at any time by giving notice to Seller. If City terminates the contract pursuant to this
section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other
costs of litigation at trial and on appeal.
11. ACCESS TO RECORDS:
City shall have access to such books, documents, papers and records of Seller as are directly pertinent
to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
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12. FORCE MAJEURE:
Neither City nor Seller shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subseller or supplies due to such cause; provided that the parties
so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in
writing of the cause of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement.
13. NON-DISCRIMINATION:
Seller agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Seller also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
14. WARRANTY AGAINST DEFECTS:
Seller warrants that the goods shall remain free of defects in material and workmanship for a
period of one (1) year commencing the.date of City's acceptance. Such defects shall include any
failure of the goods to meet Seller's specifications or the description contained in Seller's product
literature. If within the warranty period City discovers such a defect, Seller shall repair or replace
the defective item or component free of charge. If after three attempts Seller is unable to eliminate
a defect, or if Seller does not commence the warranty work within the time allowed in this
paragraph, City shall have the right to return the defective item or component and, at City's option,
either obtain a full refund of the purchase price of the goods or obtain a refund, in an amount to be
agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the
defective item or component. Seller shall commence all warranty work within 48 hours of
receiving notice of the warranty claim. All warranty work shall be performed at City's facilities
unless otherwise agreed by the parties. If warranty work is performed at Seller's facilities, Seller
shall pay all shipping costs, including the cost of return shipment. This warranty shall apply to all
repair parts furnished by Seller and all repairs performed by Seller.
15. INTELLECTUAL PROPERTY WARRANTY:
Seller warrants that none of the goods, the use thereof or any of the applications, processes or
designs employed in the manufacture thereof infringes the valid claims of any letter patent, patent
application, copyright, trade secret or any other property right of any third party. If as a result of
any suit or proceeding alleging an infringement of any of the foregoing property rights City's use
of the equipment is enjoined, Seller shall at no cost to City either obtain for City a license to use
the goods or modify the goods so as to avoid the infringement without any degradation in
performance. If Seller -annot obtain such a license and cannot so modify the equipment, Seller
shall promptly refund to City the purchase price, less a reasonable amount for depreciation.
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101111MENE111 1ENIMMONJ
16. MAINTENANCE SERVICES:
Unless otherwise provided in the Specifications (Exhibit A) or the Proposal (Exhibit B), the City
shall have the right to maintain the goods purchased under this Agreement. Repairs or
replacement of parts by the City or its agents or maintenance contractors shall not alter or void any
warranties for equipment or goods purchased under this contract.
If provided for in the Specifications (Exhibit A) or the Proposal (Exhibit B), Seller shall provide
maintenance services for a 1-year period commencing on the date of delivery under the guidelines
established in the Specifications (Exhibit A). All maintenance services shall be performed on
City's premises, unless otherwise agreed by the parties. Seller shall provide substitute equipment
of equal quality and function for City's use if the maintenance services will exceed 1 day in
duration. City may terminate Seller's maintenance services at any time without cause upon the
delivery of written notice. In the event of such termination, Seller's other obligations under this
Agreement shall remain unchanged and Seller shall promptly refund to City all amounts prepaid
for maintenance services and unused.
17. ASSIGNMENT OF MANUFACTURER'S WARRANTIES:
Seller hereby assigns all warranties of the manufacturers of components of the goods to City to the
extent such warranties are assignable. In the event Seller must obtain the consent of the
manufacturer or take other action before any such warranties are assignable, Seller shall do so
prior to delivery.
18. INDEMNITY/HOLD HARMLESS:
Seller shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands, judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Seller or
its subsellers, agents, or employees under this contract, except, however, that the foregoing shall
not apply to liability that arises out of City's negligence.
19. INSURANCE:
Commercial General Liability Insurance: If Seller will be installing or testing the goods, or
otherwise performing services on City's premises, Seller shall provide a certificate indicating that
Seller has commercial general liability insurance covering Bodily Injury and Property Damage on
an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance. Coverage will include $1,000,000 per occurrence and $2,000,000 general annual
aggregate. Said insurance shall name City as an additional insured and shall require written notice
to City thirty (30) days prior to cancellation. If Seller hires a subseller to perform services on
City's premises, Seller shall ensure that Seller's subseller complies with this paragraph.
Business Automobile Liability Insurance: If Seller will be delivering the goods, Seller shall
provide City a certificate indicating that Seller has business automobile liability coverage for all
owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than $1,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty (30) days in advance of cancellation. If Seller hires a carrier to make
delivery, Seller shall ensure that said carrier complies with this paragraph.
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11 MEMBER
ME
Workers' Compensation Insurance: The Seller, its subsellers, if any, and all employers providing
work, labor or materials under this Contract that are either subject employers under the Oregon
Workers' Compensation Law and shall comply with OILS 656.017, which requires them to
provide workers' compensation coverage that satisfies Oregon law for all their subject workers or
employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon
for more than 30 days in a calendar year. Sellers who perform work without the assistance or
labor of any employee need not obtain such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
Seller shall furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract.
20. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Seller shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subsellers and
income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a
part of this agreement.
22. CONFLICT BETWEEN TERMS:
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY:
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
24. COMPLETE AGREEMENT:
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and any other exhibit, Exhibit A shall control. In the event of an inconsistency
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between Exhibit C and Exhibit B, Exhibit B shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both 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 specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Seller, by the signature
of its authorized representative, hereby acknowledges that Seller has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Seller has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
.Approved by Tigard's Local Contract Review Board on:
By: ity Manager Date
SELLER
By: Company Name
Print Name & Title of Authorized Representative
Signature Date
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EXHIBIT 'A'
SELLER'S PROPOSAL
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lim"ll MEN
EXHIBIT 'B'
OREGON STATE UNIVERSITY
REQUEST FOR PROPOSAL
# L837202P
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r
EXHIBIT C
CITY OF TIGARD (Buyer)
STANDARD TERMS AND CONDITIONS
1. Packing & Shipment. Deliveries shall be made as specified, without charge for boxing, crating, carting or
storage. Material shall be suitably packed to ensure against damage finm weather or transportation and to
secure lowest transportation costs, and in accordance with the requirements of common carriers. Buyer's
Order number and symbols must be plainly marked on all invoices, packages, bills of lading and shipping
orders. Packing lists shall accompany each box or package shipment. Buyer's count or weight shall be
conclusive on shipment not accompanied by packing lists. Unless otherwise specifically agreed on the reverse
side of this Agreement, all costs of packaging and shipment are included in the purchase price and all goods
will be shipped, with all costs prepaid. Risk of loss to goods in shipment (including damage, destruction, theft,
or loss) shall be bome by the Seller. Risk of loss shall not pass to Buyer until the goods are delivered to and
checked in at the location specified by Buyer in this Order.
2. Warranty. Unless otherwise agreed in writing, Seller warrants that the products ordered will conform to the
specifications herein and to any drawings, samples, or other description famished or adopted by Buyer. All
products are warranted to be merchantable, to be of the highest quality design, material, and workmanship and
free from defect and to be fit for purpose intended. All warranties shall survive inspection or test, acceptance
and payment. Warranties shall run to Buyer, its successors, assigns and customers. Warranty period shall be
(1) year from date of acceptance by Buyer.
3.1npection and Acceptance. At Buyer's request, Seller shall provide a complete inspection program;
satisfactory to Buyer, for Buyer's inspection of all materials, fabricating methods, equipment in process work
and finished products.
If this Order provides for inspection of the work by Buyer on site during the period of manufacture, Seller
agrees to provide Buyer's inspectors with reasonable facilities and assistance during such inspection.
Inspection by Buyer shall not unduly delay the work. Buyer may charge Seller any additional cost incurred by
Buyer if the work is not ready in accordance with the inspection schedule. Any inspection made or Waiver-of-
Inspection-Notice given by Buyer will not relieve Seller from its responsibilities for delivering products and
work hereunder.
Acceptance or rejection of the products shall be made up to 10 days after delivery and inspection by Buyer
except as otherwise provided herein. Failure to inspect and acceptor reject products shall neither relieve Seller
from responsibility for such products, which do not meet the requirements herein nor impose liability on Buyer
therefor.
4. Delivery. If Seller fails to meet the delivery schedule provided herein, Buyer may require Seller to deliver the
products, or any portion thereof, in any manner commercially necessary to speed delivery, all at the Seller's
sole expense. Unless otherwise agreed upon in writing by Buyer and Seller, Seller shall be required to pay the
normal freight weight plus any premium rate required. Invoices covering products shipped in advance of the
date specified will not be paid until after the date specified for delivery and are subject to rejection, as provided
in this paragraph immediately below, if shipped too early.
Neither party shall be liable for delays or defaults due to strike, fire, windstorm, riot, natural disaster, war, civil
unrest or other similar unforeseeable cause beyond the control and without the fault or negligence of the party
incurring such delay. Seller shall notify Buyer in writing of the existence of such cause within five (5) days
after the commencement of the delay or default giving pertinent information concerning such cause. No
delivery shall be made more than seven (7) days prior to the applicable delivery date, and Buyer shall have the
right to return earlier deliveries at Seller's risk and expense or charge to Seller any additional costs sustained
because of the same.
5. Buyer-Furnished Materials. Seller shall assume all risk of loss of any material furnished by Buyer to Seller for
use in performance of this Order.
1\TIG44\USR\USERS\TERRY\DOCS\DOC\CONTRAC ROFFICE SUPP - BOISE.doc
ri
6. Taxes. Seller shall not invoice Buyer for any taxes nor include in Seller's price any federal excise, state, or city
tax or any other tax, unless Seller has first asked Buyer for Buyer's tax exemption number and it has been
agreed upon between both parties that Buyer is not exempt from the tax.
7.Chan= . Buyer may, by written order, make changes including changes in drawings or specifications. Buyer
will equitably adjust any difference in cost or time for performance resulting from such change and the Order
modified in writing accordingly. ANY CLAIM BY SELLER UNDER THIS CLAUSE MUST BE
ASSERTED IN WRITING WITHIN 30 DAYS FROM THE DATE OF SELLER'S RECEIPT OF THE
CHANGE ORDER OR THE CLAIM WILL NOT BE ALLOWED.
In the event that Buyer proposes any change prior to making such change by written order and such change
will have an effect on the warranty of the products procured by this Order, Seller shall notify Buyer in writing
of such effect within 10 days of receipt of such proposal.
8. ve ' in . Seller shall not, without the written consent of Buyer, in any manner advertise or publish the fact
that Seller has f imished or contracted to furnish to Buyer the products herein.
9. Cancellation for Cause. Buyer may cancel all or any part of the undelivered portion of this Order if Seller
breaches any of the terms hereof or in the event of any of the following: Insolvency of Seller, a voluntary or
involuntary petition in bankruptcy for, by or against Seller; the appointment of a receiver or trustee for Seller,
or an assignment for the benefit of creditors by Seller or if Buyer has reasonable cause to believe Seller will
become insolvent, file for bankruptcy, go out of business or that the products being shipped may be subject to
lien, claim or attachment by a creditor of Seller. Any such cancellation under this section shall be cancellation
for cause and in the event of such cancellation, Buyer shall have the right to complete, or cause to have
completed, this Order including the right to cause Seller to produce, without liability of any kind to the Buyer,
proprietary items of the Seller as necessary to complete the Order. The remedies and damages in this section
shall be cumulative and in addition to any other or further remedies provided at Law or in Equity, including
reasonable and necessary attorney's fees and other costs of litigation.
10.Termination. City has the right, in its sole discretion, to terminate without cause or for no cause, to
termination this Agreement at any time by giving notice to Seller. If City terminates the contract pursuant
to this section, it shall pay Seller for goods shipped by Seller prior to receipt by Seller of the notice of
termination. City may deduct the amount of damages, if any, sustained by City due to any breach of
contract or warranty by Seller. Damages for breach of contract or warranty shall be those allowed by
Oregon law, reasonable and necessary attorney fees, witness fees (expert and non-expert), and other costs
of litigation at trial and on appeal.
11. Assignment and Subcontracting. Seller may not assign or subcontract any of its rights or obligations
hereunder without the prior written approval of Buyer. Any unapproved assignment shall be void. Seller shall
be fully responsible for the acts or omissions of any subcontractors and all persons employed by them, and
neither the approval by Buyer of any subcontract nor anything contained herein shall be deemed to create any
contractual relation between the subcontractor and the Buyer. Buyer may assign its rights under this Order.
12. Work on Buyer's Premises. If Seller's performance of this Order involves operations by Seller on Buyer's
premises, Seller shall (a) provide all necessary and sufficient safeguards and take all proper precautions against
the occurrence of injury to any person or damage to any property, and shall be responsible for and shall
indemnify and hold harmless Buyer, its representatives, officers, employees, and agents from any and all loss,
suit, action or claim, including cost and attorney's fees, by reason of injury, including death, to any person and
t cant' public liability and property damage insurance with limits of liability of not less than $300,000 each,
unless higher limits are required by a signed purchase agreement, with contractual liability endorsement and
such insurance of employees as may be required by any workmen's compensation act or other law, regulation
or ordinance which may apply in the premises. Such public liability and property damage insurance shall also
cover the operation of Seller's vehicles used in the performance of Seller's operations. Any policy of insurance
written in accordance with the foregoing shall be appropriately endorsed to named Buyer, it's officials,
employees and agents as additional insureds, with provisions that such insurance is primary insurance with
respect to their interest, and that any other insurance maintained by Buyer is excess and not contributory
insurance with the insurance required hereunder, with cross-liability or severability of interest provisions, and
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shall further provide that the coverage provided thereby shall not be modified or discontinued or terminated
except upon 30 days prior written notice to Buyer. Compliance shall be verified by Certificate of Insurance
with appropriate endorsements sent to Buyer prior to Seller commencing work on Buyer's premises. Any
work performed on Buyer's premises must be done pursuant to all OSHA standards, all applicable State and
Federal health and safety laws, rules and regulations and all workers must be covered by workers'
compensation insurance furnished through and paid for by Seller.
13. Stop Work Order. Buyer may, at any time by written order to Seller, require Seller to stop all, or any part of
the work called for by this Order for a period of 90 days after the written order is delivered to Seller, and for
any further period to which the parties may agree and for any other period to which the parties may have
agreed or as provided in Section 4, 10, and/or 11. Within the period of 90 days or less or within any extension
of that period, Buyer shall either. (a) cancel the "Stop Work Order" and direct Seller to resume work; or (b)
terminate the work covered by this Order. If Buyer orders Seller to resume work, Seller shall be entitled to any
equitable adjustment pursuant to Section 8 provided a claim for such an adjustment shall be submitted by
Seller within 30 days after the end of the period of work stoppage.
14. lent. Payment date and cash discount period shall be calculated from the date of Buyer's receipt of an
acceptable invoice and Buyer's acceptance of the products and supporting documentation at destination.
15.InformationlData. Unless otherwise agreed in writing any designs, drawings, specifications, or other
manufacturing information furnished by Buyer to Seller shall be confidential to Buyer and is furnished solely
for the performance of this Order. All copies of such information shall be returned to Buyer upon completion
of the Order. Any designs, drawings, specifications, or other manufacturing information delivered by Seller to
Buyer may be used for any purpose whatsoever. The foregoing shall apply notwithstanding the presence or
absence of any contrary legend or statement on any of such information. All business and governmental
information materials containing business and governmental information provided by Buyer to Seller shall be
treated as confidential.
16. Compliance with Laws and Regulations. Seller warrants that all products, goods, or work delivered and
performed shall comply with all applicable Federal, State or Local Laws or Regulations including without
limitation The Occupational Safety and Heath Act (29 USC. Chapter 15); Federal Hazardous Material
Transportation Act (49 USC. Chapter 27); Equal Employment Opportunity; E.O.- 11246 and 41 CFR Sections
60-1.4 and 60-1.7; Employment of the Handicapped E.O. 11758 and 41 CFR Section 60-741-4; Utilization of
Minority Enterprises E.O. 11625 and 41 CFR Subpart 1-1.13; Age Discrimination E.O. 11141, Employment
of Veterans E.O. 11701 and 41 CFR Section 50-250.4 and all rules, regulations and amendments issued
pursuant to the foregoing.
Seller shall indemnity Buyer, its officers, employees and agents against any damages, penalties, costs or
expenses incurred in connection with any alleged violation of any Federal, State or Local Law or regulating the
manufacture or sale to the Buyer of any Item covered by this Order.
17.Patents. Conydets, Trademarks. Seller warrants that no products will be furnished hereunder, which
infringe or contribute to the infringement of any letters patent, copyright or trademark. Seller agrees to
immediately replace at its sole cost any products fiunished hereunder which infringe or contribute to the
infringement of any letters patent, copyright or trademark or to take all steps necessary at Seller's sole expense
i
to remove such infringement.
a ;;slier will indemnify and hold harmless Buyer, its representatives, officers, employees and agents from and
against any and all costs, royalties, damages and/or expenses which may arise out of or result from, or be
reasonably incurred in contesting any claims that the methods, processes or acts by the Seller or its employees
or the products furnished hereunder, infringes or contributes to the infringement of any letters, patent,
copyright or trademark.
18. Waive rn. The failure of Buyer to enforce at any time any of the provisions of this Order or to exercise any
option herein provided, shall not be a present or future waiver of such provisions, nor in any way affect the
validity of this Order or any part hereof, or the right thereafter to enforce each and every such provision. The
express waiver (whether one (1) or more times) of any provision, condition or requirement shall not constitute
a waiver of any future obligation to comply with such provision, condition or requirement.
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19.Indoendent Contractor. Seller is an independent contractor and persons employed by Seller shall be
employees of Seller and not employees of Buyer.
20. Complete Agreement. The Purchase Order and any referenced attachments constitute the complete
agreement between the parties. Except as otherwise provided herein, it is subject to change only by an
instrument signed in writing by both parties.
21. Acceptance by Performance. If Seller fails provide to Buyer with a signed copy of this order, but
delivers product or performs the services specified in this agreement, then Seller agrees that-the Seller shall be
deemed to have accepted the terms and conditions of this order, as provided on both the front and this reverse
side of the order. Buyer must agree any changes or modifications to this order by Seller to, in writing, or they
shall not be deemed accepted by Buyer and if the Seller delivers the products nonetheless, then the original
terms and conditions of this order shall govern.
22. Mandatory Mediation and Binding Arbitration. If there is a dispute concerning any of the terms, conditions
or the performance of this order, then it is hereby agreed by both Buyer and Seller that the dispute shall be
submitted first to non-binding mediation, to be performed by a sole mediator to be agreed upon between Buyer
and Seller. If a mediator cannot be agreed upon, then the parties agree that any Circuit Court judge for the
State of Oregon, County of Washington, shall be authorized to appoint a mediator for the parties.
Should the parties fail to reach an agreement through mediation, then the parties shall submit to binding
arbitration, which shall be governed by the rules of the Arbitration Service of Portland, and shall be conducted
within Washington County. The arbitration shall be conducted by a single arbitrator chosen by mutual
agreement of the parties. If the parties are unable to agree on an arbitrator, the parties shall ask the Presiding
Judge of the Circuit Court for Washington County to select the arbitrator. If the arbitrators determine that one
party is the prevailing party, then the losing party shall be required to pay all fees and costs of the arbitration.
On the other hand, if the arbitrators determine that neither party is to be considered the prevailing party, then
the fees and costs of the arbitration shall be divided equally between the parties. The parties knowingly and
voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. In the event a party
fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the
arbitrator's award, then the other party shall be entitled to costs, including reasonable attorney fees, for having
to compel arbitration or defend or enforce the award. The parties agree to defend the arbitrator and any
individual engaged in the administration of an arbitration proceeding from any subpoenas or claims from third
parties arising out of this order or the arbitration.
23. Jurisdiction and Attorney Fees. This order shall be governed and construed according to the laws of the State
of Oregon. If a dispute shall arise under this order necessitating the services of an attorney, then the prevailing
party shall be entitled to collect from the losing party all of its/his/her reasonable costs and attorney fees, either
in arbitration (if awarded by the arbitrator as provided above), or by a court before which any matter
concerning this order may be heard, both at trial and on appeal.
24. Neutral Interoretation. This order constitutes the product of negotiations between the parties hereto. Any
enforcement hereof will be interpreted in a neutral manner and not more strongly for or against any party based
upon the source of draftsmanship.
25. Severability. Nothing contained herein shall be construed to require the commission of any act contrary to
law, and wherever there is any conflict between the provisions contained herein and any present or future
statute, law, ordinance or regulation contrary to which to the parties have no legal right to contract, the latter
shall prevail. The provision of this Agreement, which is affected, shall be curtailed and limited only to the
extent necessary to bring it within the requirement of the law.
26. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal
holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such
holiday, then that period shall be extended to include the next day which is not a Saturday, Sunday or holiday.
Notice. Any notice required or permitted to be given by either party to the other shall be deemed to have been
given when sent via telecopy, overnight air courier, or deposited in the United States mail certified, return
receipt requested, with first class postage prepaid, addressed as indicated on the front of this order, or addressed
\\TIG44\USR\USERS\TERRY\DOCS\DOC\CONTRACT\OFFICE SUPP - BOISE.doc
to either party at such other address as such party shall hereafter furnish to the other party in writing. Notice
shall also be considered effective upon delivery if personally delivered.
27. Conditions of Supplying a Public Agency. Where applicable, seller must make payment promptly as due to
persons supplying Seller labor or materials for the execution of the work provided by this order. Seller must
pay all contributions or amounts due from Seller to the industrial accident fund incurred in the performance of
this order. Seller shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision
of Buyer on account of any labor or material to be famished. Seller further agrees to pay to the Department of
Revenue all sums withheld from employees pursuant to ORS 316.167.
28. P=uent of Claims by Public Officers. In the event that Seller fails, neglects or refuses to make prompt
payment of any claim for labor or services furnished to Seller or a subcontractor of Seller by any person in
connection with the performance of this order when such claim becomes due, then the proper officer or
officers representing the Buyer hereunder may pay such claim to the person furnishing the labor or services
and charge the amount of the payment against the funds due or to become due to the Seller by reason of this
order. The payment of a claim in the manner authorized by this provision shall not relieve the Seller or any of
the Seller's surety from obligations with respect to any unpaid claims.
29. Health Care Benefits for Seller's Emnlovm. If this order involves public service, then Seller must provide
health care benefits to all employees who are performing services previously performed by public employees
performing similar duties under this order.
30. Hours of Labor. If labor is performed under this order, then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or
where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services
as defined in ORS 279.050, the labor shall be paid at least time and a half for all overtime in excess of eight (8)
hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279.334. In
cases of contracts for personal services as defined in ORS 279.050, any labor shall be paid at least time and a
half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded
under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
31. Medical Care and Workers' Compensation. Seller shall promptly, as due, make payment to any person, co-
partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury, to the employees of such Seller, of all sums which the Seller agrees to
pay for such services and all moneys and sums which the Seller collected or deducted from the wages of the
employees pursuant to any law, contractor agreement for the purpose of providing or paying for such service.
\\TIG44\USR\USERS\TERRY\DOCS\DOC\CONTRACnOFFICE SUPP - BOISE.doc
Office of Property, Cordract, and Risk AbnVement Servic m - Pt> g
l
i
Ort:goa Sun University
644 SW 13d Stitoet !
Com tie, Oregon 97333.4238
Telephone: 541-737-4261 Fax: 541-737-2170
i
Conbmct number 189I7202Pa is made and effective A14161- 2002. try and
between The State of Oregon ac dng by and through the State Board of f6gher Education, on
tteltatf of Oregon State University (0511) and Boise Office Solutions (COMrsdOr).
Contractorwitl provide a Stocldess Office Supply Program to OSII as detailed in Appendix 1 - I
Scope of Work.
RgAnNansr meal consent of both parties or at OSU's lion
l
wNh a 30-day note. i
,Corttracr means the entire wrWan agreement
bd vaen the parties, kwktdo<v but not limitod to the prime Caakaet W Rrasooni ea: Unless ;
krAtation to Bid or Request for Proposal and its eMorwise stated in this Contact. Contactor shag
specilkations, terms and conditions; solkx'te6on assume rosponsbSty for all corvicss carttr=W for,
tabu cdons; solictration addenda and contract regardless of whdher Cw*uow is a bidder or the I
amendnw*. N any. the contractors proposal: and manufacbren; producer, or vulOer ofthe servicm
to purchase order or price agreement document
Peafonrince: OSU reserves the right to cancel the
'Controller. means a person or oMenization with comma whh 30 days mdse to contractor if OSU i
whom OSU has contracted for the provision of the dooms. in ifs own judgment that the conl actur fails
service or services under this conbact. The 1lerrns to meet the expechdorte of this contract as r
"Contractor" and •Seker" am used in the Uniform evidertood by a significant number of complaints j
Convrterdal Code (ORS chapter 72) are from lam ft or staff. Examples of failure to meet
syrnartymous; expectations may include, but are not Nmited to.
inaccurate billings, or a high t:rnover rate of
means any in m6lion, institution customor service reprmmlaSm. .
depa or otter political subdivision (as
auMerizod) which is party to the contract Failure to yerrorne Rentedtr_ If Contragor falls to
perform any maderial obligation under ft Contract.
"OARS' means the Adndnistrativo Rules adopted by and 30 calonder days after rempt of written notice
Mee State of Oregon Board of Higher Education doseritmng with reasonable p lardy the I
character of the default con ractw has not cured the
*ORS* means the Oregon Revised StatuEss; failure, then OSU may terminate the contract without
additional eauss• '
'OSU' rn ami. Oregon State University and is
synonymous with 'Buyer" as used in ORS Chapter Liquidated D®+n xtes: If OSU determines that trice ~
12. 'OSU' also mean other parties to the eor&= if Contractor has been using false or overstated cast
the purchase is being made under a cooperative for goods sold: or'if Contractor has used a false or
agreement overstated mark-up for dw goods eoK OSU may,
impose a file on tha Contractor based on tart dines
•OSU Purchasing Deparbnertt" mean, the (10 x) the daerent a between what was charged and
Purchasing Department of the ' Properly what should have been dtarged for every unit
Mpnogement Department of Oregon State purchased by OSU. prior to the &W being
UniversKy. uncovered. '
1'rrrftm of Contract.. The initial trfm of t1ti5 contract Ig eMpetit _C mtriwlgr SAY The service or
shaft be one (1) year from date of complete contract =view to be renda-ed under this oonbatt are
etaecution wNh possible sAwu*m not to wwood 7 those of an Indeperident contractor; Cora volor is
yeas, beginning an award drib of Contract not an offiow, employee or 696M of 08U as arose o
terms are used in ORS 30.265.
T conk rain: The conb'act may to tsrmrrated by
8mnsl l Contractor it not a doc umunl;-, papm plans and hwrifiW of Contractor
emo bviing mot ibor of the Public: Employees' which mk to to this contract, to perform examination.
Retlnevnent SyMM and will be respatalble for any and thin and make excerpts and trxwcxipts.
fedeW or state taxes applicable to payment under
Steil contract Contactor will not be eligible for any Taxes - F&Aw?t and 4ocu►h OSU will not be
benofts from those oontree payments of federal r+esponsibio for any taxes corrimrha due as a result of
Sartre) S=Mty, employment insurance. workers this contract, whether federal, state, or loam. It is
compemadon or ft Public Employees' Retirement mgread lim the Contractor has anuolpaled fhOse
Sydam, except as a self-employed ind'nidual. terms and included them in the piopoisat.
Gov~,mr4q mt, ErnvWwnent Status: rfdisorlPrhinatlen: Conhador shall comply with
A If Otis P®ym®ra is to to charged against federal all aWeabie requirements of federal and stria civil
agtda. Cor rotor OtMW s that It is not currently rlghlS and rehabitffatan statutes, colas and
emmptoyed by%ha %d" SwWM rt. rogwAatiotfs.
a Contractor car 'bl'iss it is not an employee of OSU.
Cum illance 1f %h AWxm le tows.' Contractor
&%Vg9M0pWubccnbaW8ueeessors: Contractor shall comply wM all federat, state and local laws.
sum!( not assign, sell, transfer, or subcontract rights, codes. regulations and ordausnoe3 applicable to )tae
ar delegate responsibilities, under this contract. in proveaion of geode under ego cw&act. including.
whole or in part, without the prior written approval of without runt oom the Provisions of ORS 279.312.
the OSU Purchasing oeprartment No such wrMen 279.314, and 779.316 (1), and the Provisions of p)
approval shall rerave ContadW of any obligation!, Tolle VI of the MA Rights Act of 1964: (n) Sacbgn V
of via con&ack and any trarmf rez or subC0nb'a0tor of the Rehatilitstion Aot of 1073: (i) the Americans
stall be considered the agent of Contractor with Dlsabirrw@s Hsi of t990 (Pub L No. 101-M).
Cortractrhr shall remain liabic to OSU under the ORS 659.425, and all amendments of and
contract as if no such assignment, fransfer, or regulations am administraSve rules esrabrahad
subcontract had ocarnsd. pursuant to those laws; and (iv) ap other applicable
requirements of rea i and state civil rights and
Awnd to Foralgn Con Otor: If the amount ar this ret abilihOwn stgutw, ruin and regulations.
aonbact exceeds $10,000 and if Contractor Is not
dorWOW in or rogistared to do business in Oregon. Governlna L.aw. This Contact arts)) be governed
Contr=w shall promptly pmAmde to the Oregon and construed in a=m%nbe with the lawe of the
Depaerr nt of Revenue an wftTnaion required by state of Oregon. Any claim, action. or wit between
tint Deparbnerrt relative to this contact. OSU shall OSU and CoMactor that arises out of or relates to
withhold final payment under this contract until performance of this gw*vd shall be brought and
Contactor has met this requirement conducted solely and exclusively within the Ch wlt
Court for Marion County, for Rte state of Oregon.
alter: Failure of OSU to enforce any provision of Provided. however that y any such claim, action. or
the eorhbag shall not conctitute a waiver or cult may be brought onfy in a federal forum. it shall
relinquishment by OSU of the right fa such be Wought and conducted solely and exclusively
Perfomhance in the fours nor of the right to enforce within fie Urrtted Statm District Court for the State
tot or any other provision of this con'tr>icd. of Oregon. Contrvew hereby coneentr; to the in
pemonam juriscUction of said courts.
swessors in Interest: The Provisions of this
contract, stall be binding upon and shall inure to the Attorney IFsaa: in the evert a lawsuit of any idred is
benofR of the patties to the coat!-act and their Instituted on behalf of OSU to c040ct any Paynrant
raepective permitted successors and assigns. due or to ofd m pmtorrnrm of any kind under Ellts
contract, Cantractor shalt pay such additional sums
Severabilft. If any provision of this contract is as the court may adjudge for reason" Amoy
declared by a court to be iftgal or in cc. d v.' Ur few plus an costs and dcslwrsernents at trial and on
any taw, the validity of the remaining teat! and any appeeL
provisions ehall not be offected; and the rW is and
obligations of the parties shall be construed and Amendments: Thie tarns of this contract shah not
ertWced as if tfhe contract did not contWn the be waived. altered. rimWNW, supp'aemented oe
particular provision held to the invalid. amended in any Manner Whatsoever without prior
written approval of the OSU Purchasing
Aocm To Recorew: the Contacta; shall maintain Depertment
all fiscal records relating to this contract in tom. This contract ratidytft the entire contract
acoordanoo with gengmay accepted accounting betwsdn fire parties.. There are no txldorstathdirhgs,
principles and shall maintain any other records oral or written, not specilied herein regarding tilts
relating to this oontraat in such a manner sea to oontract No amendment, consent, or waiver of
dearly document Contractors perfamanoa tamps off" contract shall bind either, party unless In
hwaunder. OSU and tts depamnsnts, the Secretary writing and signed by all parties. Any such
of state Audits Mrision, the fedora) government and amendment consw*. or waiver slap be of 0tive
Imir duly authorized rapreaentativss shall have only in the specific instance and for the apmciftc
access to suclh fiscal record: and to as other books. Purpose given. Contr'aoW. by the toots* hereto
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o will be reported to the castonim . Customers will be guar a choice of
cancang mi stitntiag, or keeping tht: badwadarod items ou order. In ft cage of dish
items, arstoanass may Select a eer:anetWe item or cancel.
• PacImSft materials will be reusable, rdurn ble, or recyclable ad in the smallest siamd oontairrcr
possible to snow products to be delivered vnthout damave. Orders far each delivery point will be
paclccd individually with ddpprug labels that include the followims;
o Section or tint fiance (if available)
c, Location
o Customers name
o Order number ,
o Number of padQWS
• mamm m Carton w q;bt gill am oweed 45 pounds. Paper mdam l gW in standard cases i
v=ading 45 pounds we excluded ftom this limit, but should Dot exceed 75 pauasds.
Free ddpping fOwillbeDo &4t l exPWSC to OSU for paodaots dWWA in the full-line ca log. There may be '
There aft omasional fre*l ebexge for special order me ichacd e. Cbstomers will be informed of the
charges in advance of delivery.
Delivery of Products: !
• Orders will be ddivend between 9:00 and 5:00, Monday through Friday on the next WSW= day
afDer the order is received, if the arft is placed by 4:00 PM.
• Ordzm will be delivered to statewi& progams in every qty in Oregcm. No freigbr ebarges will
be added to the order.
• Same-day orders can be aomm-modated by calling tone C aAomer Service Departo M to areange
for 4-holm cornier service. ,
• Special Dahvery Paints can be aid on request
o Drivers will use a manifest system to get sig=ner from each delivery destination as a way to
provide proof of ddicvay.
s Padcmg slips wiR accompW each order and show actual invoice pricing.
Cures for Rejjedsd Products:
• Conhwtor will Saw abet: everything sold to OSU.
• Rations will be handled by placing a call to the Caatcactoc of faxing a copy of the pecking Hsi
with a notation of what is to be rewmed and wbey. Cum= Services will provide: the CUM=
with an authodu7jon to retnm the products. That will irtidaoe a pick-rip by the ddvtr, WPX, or
common carrier at the time of the roc scheduled delivery, or witbvin 5 business days, whichever
comes first if the value of the yrodactis than U-0, ft- f-tem will rant be picked up by the
Contractor, bowmr, a mplaoment part or Hill rdwd will be given is exchange.
Y Products ran be ret»med fnr full credit within 30 des fiom the date of purchase. With the
d exception of damaged or defective items, products mast be retUmC d in resalable condition anti in
H We original mmn er's pwbgIng where applicable-
0 Damaged or defective pmduas will be replaced at no charge.
Y There will be no restotddng cbrga ft stoclwd tte=
E4*-fiiendly products:
• Contactor will offer eco-friendly products to WU bdadisng papm pape<board, paboard,
cudb=A plastic eons, and r+ oyded and r manuftt red tearer cartridges. • ConAtrWw will increase the cumber of Sm* ally Preferable Products 6y at least &e
percent (5%) over the next year and by tit least an pareent (5y) in the year that foilova
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AGENDA ITEM #
FOR AGENDA OF September 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Award of the Project Management Services Contract for the New Tigard Library
Project
PREPARED BY. A.P. uenas DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the City enter into a contract with Shiels Obletz Johnsen, Inc. to provide project management services
for the new library project?
STAFF RECOMMENDATION
That the Local Contract Review Board, by motion, approve award of a contract in the amount of $176,367.00
and authorize the City Manager to sign the contract.
INFORMATION SUMMARY
Twelve firms responded to the Request for Proposals (RFP) for Project Management Services on the new
Tigard Library Project. The proposals were carefully reviewed and five firms were selected for interview as the
next step in the selection process. The firms to be interviewed were determined by evaluating the qualifications
and experience of each firm as described in its proposal. Evaluation of each firm included the general
experience of the firm in project management and the qualifications and capabilities of the Project Manager and
staff to be assigned to the project. A fee proposal was required for those firms invited to the interview.
The five firms invited for interview are:
Heery International, Inc., Portland, Oregon
Milstead & Associates, Inc., Clackamas, Oregon
Shiels Obletz Johnsen, Inc., Portland, Oregon
URS Corporation, Portland, Oregon
J.J. Henri Co., Inc., Tualatin, Oregon
Following the interviews, the Selection Committee narrowed the five firms to the top two. Reference checks
were conducted on both firms. After extensive review of the credentials and strengths of the two firms, level of
effort in the proposal, feedback from listed references, and the overall fee proposal, the Selection Committee
selected Shiels Obletz Johnsen, Inc. to provide project management services for the new Library Oruject. The
fee proposal was reasonable for the services to be rendered and was acceptable to the City. Away d of the
contract would allow the Project Manager for the firm to immediately begin work on the project.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The design and construction of the new Tigard Library supports the Tigard Beyond Tomorrow Urban & Public
Services, Goal #3 - Adequate facilities are available for efficient delivery of life-long learning programs and
services for all ages.
ATTACHMENT LIST
None
FISCAL NOTES
Funding for this contract is authorized under the FY 2002-03 Capital Improvement Program under the City
Facilities System Program. There is sufficient funding allocated in the Facility Fund for the contract award.
IACltywide%S=Vlgenda Sw nary for library Pilled Manager CoWW Award.dx
IIIIIIIIMIIII
AGENDA ITEM # LD
FOR AGENDA OF Member 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Approve Engineering Design Services Contract for the Proposed Wall Street
Local Improvement District
4r✓ opwl~
PREPARED BY: VVannie Nguyen DEPT HEAD OK : A.P. Duenas CITY MGR OK: Bi11 onahan
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for engineering design services on
the proposed Wall Street Local Improvement District?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to
IDeKaas & Associates in the amount of $229,553.00 to provide engineering design services for the
proposed Wall Street Local Improvement District.
INFORMATION SUMMARY
One major property owner along the proposed corridor of Wall Street is interested in forming a Local
Improvement District (LID) for design and construction of Wall Street connecting Hall Boulevard with
Hunziker Street. An Option Agreement executed with this property owner to purchase property for the
proposed new Tigard Library requires the City to pursue formation of an LID for construction of the street. As
part of this Option Agreement, the City agreed to provide the funding for the engineering and construction
management of the LID improvements.
A Preliminary Evaluation Report was prepared and submitted to City Council at the meeting on January 22,
2002. Council agreed with the findings of the Preliminary Evaluation Report and directed staff to proceed to
the next step in the LID formation by authorizing the preparation of a Preliminary Engineer's Report.
Resolution No. 02-11, approved by the Council on February 12, 2002, directed staff to proceed with the
preparation of the Preliminary Engineer's Report for the proposed LID and further directed the establishment
of the funding mechanism in the amount of $300,000 for the preparation of the report using the Traffic Impact
Fee as the funding source.
In July 2002, the Engineering Department began the process to select a design consultant for the project
by issuing a Request for Proposal (RFP). The scope of services in the RFP included engineering design
services and construction management for the project. However, the scope that will be included in the
initial contract is to prepare the Preliminary Engineer's Report for the proposed LID.
Out of five consulting firms submitting proposals for the proposed project, three consultants were
shortlisted for interviews. Consulting firms that were invited for interviews are:
- KPFF Consulting Engineers
- Group McKenzie Civil Engineering
- DeHaas & Associates
The design team led by DeHaas & Associates was selected to provide the required services. This team
possesses the capabilities, qualifications and resources necessary to successfully perform the required
services.
The scope of services included in the contract award consists of preparation of a Conceptual Report at
35% design completion and preparation of a Preliminary Engineer's Report at the 60% design stage. If
Council decides to form the district after review and approval of the Preliminary Engineer's Report, the
original scope in the contract award may be amended to extend the services with the same consultant.
The additional tasks of final design, construction staking, construction management and preparation of
the Final Report would complete the proposed improvements by the end of 2004.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goal of "Improve Traffic
Flow."
ATTACIIMENT LIST
Project location map.
FISCAL NOTES
An amount of $2,000,000 has been included in the FY 2002-03 CIP Budget. The Traffic Impact Fee
Fund provides $300,000 for engineering design costs. The remainder of the funding will be provided
through the Local Improvement District if formed. Partial right-of-way acquisition is estimated at
$900,000 for the fiscal year. The sum of $800,000 is provided for initiating construction on the project.
The LID will assess the benefited property owners for the costs of providing the LID improvements on
this project.
i:ldtywide%sumlagenda summary for wall street rfp.doc
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AGENDA ITEM # .S_
FOR AGENDA OF 9/10/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Vision Mid-Year R rt - Accom lishments Update
PREPARED BY. Loreen Mills DEPT HEAD OKkMV\
Y MGR OK uV, t
ISSUE BEFORE THE COUNCIL
Receive the latest update on activities hich have occurred this year which support the citywide vision, Tigard
Beyond Tomorrow.
STAFF RECOMMENDATION
No action required.
INFORMATION SUMMARY
Each year since 1996, members of our community have reviewed and updated the strategies and action plans to
accomplish the goals of "Tigard Beyond Tomorrow." This annual review is critical to ensure we gU on track with
the changing times and desires of our community. "Tigard Beyond Tomorrow" is alive and well! The goals and
strategies developed by this community to shape our future are considered when the City Council considers a
decision, as City staff plan and develop work plans each year, and as our community partners make decisions for
the future.
The purpose of this presentation is to honor the vision of our community and its partners that are actively shaping
our future. There are sic target areas of activity being monitored through the community's vision. The staff liaison
for each area will briefly share accomplishments from the last few months. The targeted areas for community goals
are: Community Character & Quality of Life, Growth & Growth Management
Public Safety, Schools & Education, Transportation & Traffic & Urban & Public Services
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
N/A
FISCAL NOTES
N/A
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AGENDA ITEM # LO
FOR AGENDA OF 9-10-02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Public Works Department Overview
PREPARED BY: Ed Wenner DEPT HEAD OK ,~"0,/CITY MGR OK
ISSUE BEFORE THE COUNCIL
Issue before Council is to receive information regarding the programs and activities of the Public Works
Department during the fiscal year.
STAFF RECOMMENDATION
No action is necessary.
INFORMATION SUMMARY
The Public Works Department has prepared this presentation for your review regarding the programs and
activities of the Department.
OTHER ALTERNATIVES CONSIDERED
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Information related to the Vision Task Force Goals for Urban and Public Services
ATTACHMENT LIST
None
FISCAL NOTES
None
Introduction
Public Works Department programs include:
in support ofthe ('ity's
PUBLIC WORKS Lcate.gic l and mana'% es.
V stratc,~ic pl:msobj~•cti cs
• %lainicnance of('ity''s infrasuucmre (road,:. park,
rounJ , City lacilities and fleet olvm(ions).
I'd \1'egner. Director
• Prw i,ion of a atcr..mtitar, and slunn uter scn icn.
Dennis Koellermeier. Asst. Director Fmergency %l:maxmrnt-('6N%ide
Dan Pkva. flacks Manager Staff ofc,4.7 employees
John Roy, Puhlic orks Manauer
Public Works
Employees:
C•O111n711n1ct1hOI1S
-P Dtld"R p Water 18
WW/Stm. 13.9 CI'f
lw: Mrillto....
Parks 10.25 Press releases
bh k.
Streets 9.2 Meetings
It: NN
•f
Admin. 7 1"tastu• planning ! i
tr~b ro' L•`
BIJg. Nile. 3.25 processes
r.. t'r0~. • Newsletters
Fleet 3.1
• Puhlic Speaking
M 4i'sW i
Y16N. altar
Public Services
Public Services
Park•'~~'' ` l
T Resetl atinl5 Y~ck.'-'Il,f •i•:. Ir~b'.'i4 r. T°
• ~Iy¢.' •TREE l7IY l3A
1
MEN
71
Water Conservation Pro rums: Community Involvement
~ ~ ~ •'•11'here'> Runic" puppet ~ha,~
• Balloon I estic;d
S • ".\s the faueLn I'urnt- sage show 1't and Blest
• Calendar dC.ign contest Mile post at I :o\\ ler Adopt a
- \liddle School street
- - - - ,
Adopt a
stream
t - • 1'uhlic meetings
a S, ~ ` I
k
7 ~ , 1 id1~ I I
r.
- - I li
J : ,1'..• it n-'7 G
s 1' ~7q
NMI
wm~
~~,F~'~1~,`
r~ A9~9W.J1. i d. F h l
Cooperative Public Agencies of Washington County
ti. „ly,a
See COY(ec-tLd sides '3+/E)ched•
2
Water Conservation Programs:
~l.y J • -Where" KIISIC•' puppet Show
¢r. • ".'\s the 1 atmet I urnJ • stagy ShU„
Calcndw do•,ilm coutem
_ T4)`
r r
- - -
C'onununit~- Invol~~cmcnt
• Killrnm br•.ti,:d
• 1 t1~:~td nl:~.t`."•
• ~\tilc larst nt f ou Icl ad~yu a
11iddle scil-I >ncrt
i
~L ~\Jnhl a
.ttcmi
Public
1 nICP1in L'S
r i
t
.<.4 Fy f I I I~
~y I i~ l I III I
I'
II '
1
MEMO
1r
4
IMMUNE
t
. : ie3 Of Vta
C V 'rub lic ASenc
Infrastructure Operations Parks/Grounds
and Maintenance • Park operation and
maintenance
Parks: Steve Martin, supervisor - 12 parks1160 acres -
'
• Sai»tary/Sionn: Eric Hand, supervisor Playground safety
i Streets: Howard Gregory, sup - 9 playb'rounds o ,
ry, su ervisor inspected momhly
• Ficet: Ben Tracy, supervisor Park shelters/ball
Facilities: Arnie Manzano, supervisor fields
• Water: Sam Morrison and Rich Sattler, supervisors Pedestrian paths
- 8 miles of trails,
paths & sidewalks
Sanitary/Storm Sewer 1
72 miles of lines
• Maintenance programs in accordance with CWS cleaned annually
standards.
• Maintain accurate mapping and database T'
management system.
• Utility locates
• Line cleaning/repair
• Video inspection
33 miles of lines
• Provide outstanding customer service to inspected annually . ^ '
internal/external customers.
• Water Quality Facility operation and maintenance.
Street Maintenance 150,000 linear feet of
crack sealing done
• Installation/maintenance of strcet/traffrc signs annually
• Installation/maintenance of guardrails/barricades
• Crack scaling/street patching program
• Grading and maintenance of rock roads/shoulders
• Maintenance of off street bicycle paths
• Install ation/maintcnance of street markings Approximately 50
miles of street side
• Speed hump program mowing annually
• Tree trimming/streetlight clearance
3
Advance crosswalk Fleet Maintenance
r warning sign on 121 st
Repairs and maintains all
I City vehicles and equipment
to industry standards.
Embedded light 140 vehicles maintained
crosswalk on 121 s1 annually
Property Management
• Water
Maintenance, repair and cleaning of all City facilities
• Implementation of Energy Conservation Program Maintenance, repair and expansion of water
system for the Tigard Water Service Area
• Implementation of equipment change out program including Tigard. King City, Durham,
• Maintenance/service of all HVAC systems unincorporated area
s 3 „ ~ r Utilization of SCADA systcnn to ensure efficient
water management
• Enhancement of Water Conservation Programs
• Implementation of additional security measures at
water facilities
3R _ Implementation of Best Management Practices
Environmental Management
200 miles ofdistribution Comnrmity
pipe maintained rLstoration
:j . projects:
rwino Creek r
Trail
• Beaver ponds q
• Soli trail
malntenanCC in J
15,98S Service parks
Connections in the Cooperative
Tigard Water programs with
Service Area (Tear: Water
Services
4
Itnnn., I',u6
facilities Development
• Ma;lcr plan prucc,, \%ilh nc\% parrs F
• Rc,cnun con,trurliun - (
~:.:.;~.~C it F: i i 1'.•~ ~ v
{ x a ~'?a4r-rr~~*tc' •'.c~ _~.r i~• ( tiumn,ril:,l.r Taal.
`q °yyslt%u;:.~::i r :.:'1 ` ~•iDd.: \ta,rcr Plan
y
t
7
y uai Fes' i` i
jT
aF ai 7?, r ~
i _
s
Future Vision
• Street improvements '
• Skateboard park.:
• Water source
r Aquifer Storage & 'fl t
Recove
e
Summary
Summary
City of Tigard Public Works provides:
,Support functions to other City operations'
• Essential urban public services that allow the - Flcet Mainicnance
community to function. -Building Maintenance
- Streets
- Water Quality of Life services
Sanitation - Parks/Grounds
- Flood Control - Urban Forestry" "
Public Events. "
- Emergency,Managc7nent
Public Works Team'
'
Commitment ..They Make It Happen. , .
Va
Commitment to our customers includes:
Active communications with our
r'• uw~w~Y~aUmmn«
customers .
• Committed to providing high quality
services
• Committed to being an active/visible
participant within the community
s,Nw~"~~aw
6
MOT
S F ~ 4~~ RJR'
:~,,ey?AsSC r ~ .y
y
•
AGENDA ITEM No. T Gate: September 10, 2002
Plulgo'hLIC HEARING
(LEGISLATIVE)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER AN ORDINANCE ADOPTING
CHANGES TO THE TIGARD
MUNICIPAL CODE IN ORDER TO
IMPLEMENT THE TRANSPORTATION
SYSTEM PLAN
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:WDMIGREER\CCSIGNUMPH TESTIMONY IEG.DOC
AGENDA ITEM No. 7 Date. September 10, 2002
PLEASE PRINT
Pro onent - Speaking In Favor O onent - S eakin Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
AGENDA ITEM #
FOR AGENDA OF -September 10. 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Develp ment Code Amendments to Implement the Transportation System Plan
PREPARED BY: Julia Ha'duk t" ` I DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE CO CIL
Should the Council adopt the proposed development code amendments which implement the previously adopted
Transportation System Plan?
STAFF RECOMMENDATION
Adopt the proposed Development Code changes by adopting the attached Ordinance.
INFORMATION SUMMARY
The City of Tigard began updating the Transportation System Plan (TSP) several years ago. With the help of a 12
member Task Force made up of the Planning Commission and 3 citizens, agencies, staff and the consulting firm
DKS, a draft TSP was produced. The Tigard TSP was adopted in January, 2002 along with Comprehensive Plan
amendments and became effective in February. An additional step that was necessary to fully implement the TSP
was developing amendments to the Development Code to reflect changes to the TSP. The planning staff, along
with staff from the engineering department and Tualatin Valley Fire and Rescue, completed the review of the
Development Code and began processing the recommended amendments. The changes implement
recommendations of the TSP such as access management, sidewalk location and traffic calming. The changes
also provide revised right-of-way requirements in accordance with the TSP recommendations and the
Transportation Planning Rule requirements. A complete summary of the proposed changes is provided in
Attachment 2. A hearing before the Planning Commission was held on August 5, 2002, and notice of the City
Council hearing was announced at the September 5, 2002 CIT meeting as requested by the Planning Commission.
OTHER ALTERNATIVES CONSIDERED
Provide additional comments or changes to the TSP and/or Comprehensive Plan.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Transportation and Traffic, Goal #2 - Improve traffic flow.
ATTACHMENT LIST
Attachments: 1 - Proposed Ordinance adopting the proposed development code changes
Exhibit A-1 to A-4: Proposed code changes
Exhibit B: TPR compliance matrix
Exhibit C: Staff Report
2 - Summary of changes to implement the TSP
3 - Draft Planning Commission minutes recommending adoption
FISCAL NOTES
N/A
I:Irplan/Julia/TSP/implementation\cc presentation\implementation ais.doc
DRAFT CITY OF TIGARD Attachment 3
PLANNING COMMISSION
Meeting Minutes
August 5, 2002
1. CALL TO ORDER
President Padgett called the meeting to order at 7:00 p.m. The meeting was held in
the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Padgett; Commissioners Anderson, Buehner,
Mores, Munro, Scoiar, Sutton, and Webb
Commissioners Absent: Commissioner Bienerth
Staff Present: Julia Hajduk, Associate Planner; Brian Rager, Development
Review Engineer; Jerree Gaynor, Planning Commission
Secretary
3. PLANNING COMMISSION COMMUNICATIONS
None
4. APPROVE MEETING MINUTES (taken out of order)
Commissioner Buehner moved and Commissioner Webb seconded the motion to
approve the July 15, 2002 meeting minutes as submitted. A voice vote was taken
and the motion passed by a vote of 7-0. Commissioner Sutton abstained.
5. PROCESS FOR MOTIONS - DISCUSSION
Discussion was held on the proper procedure for making motions. President
Padaett advised that Commissioners should "move", not "make a motion", to
approve; approve with changes in conditions (list changes); approve with conditions
listed in the staff report; disapprove; recommend to Council. Commissioners need
to include all the case numbers in the motion. The motion also needs to list the
findings (based on findings in staff report; conditions in staff report and testimony
heard). It was suggested that specific language be on a card for the
Commissioners to read when making motions. President Padgett will forward
suggested language to the secretary.
6. PUBLIC HEARING
6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2002-00004 TIGARD
TRANSPORTATION SYSTEM PLAN IMPLEMENTATION
REQUEST: Amend the Tigard Development Code to reflect the Transportation
System Plan and Comprehensive Plan changes adopted in January 2002. The
proposed amendments also reflect the State of Oregon's Transportation Planning
Rules (TPR) which include provision of skinny streets. The specific code sections
PLANNING COMMISSION MEETING MINUTES - August 5, 2002 - Page I
meeting amended include: 18.120, 18.360, 18.520, 18.530, 18.705, 18.745 and
18.810. LOCATION: Citywide ZONE: N/A - Citywide APPLICABLE REVIEW
CRITERIA: Statewide Planning Goals 1, 2 and 12; Oregon Administrative Rule
(OAR) 660, Metro Regional Transportation System Plan; Comprehensive Plan
Policies 1.1.1(a), 2.1.1, 8.1.1, 8.1.2, 8.1.3, 8.1.5 and 8.2.3 and Community
Development Code Chapters 18.380.020 and 18.390.060.G.
STAFF REPORT
Julia Hajduk presented the staff report on behalf of the City. She reported that
comments from worksessions with the Planning Commission and City Council
were incorporated into the proposed code amendments. She noted that although
the Planning Commission recommended doing away with setback sidewalks,
Council disagreed. Language was added to clarify cases for properties with
more than one frontage. Hajduk noted that all the proposed code amendments
meet required State goals and policies and are consistent with the Transportation
Planning Rule.
It was recommended that this proposal be presented before the CITs before the
Council public hearing.
PUBLIC TESTIMONY
None
PUBLIC HEARING CLOSED
Commissioner Buehner moved the Planning Commission forward to Council, the
amendments of the development code specified as ZOA 2002-00004, based on
the staff report and the public hearing, specifically including Exhibits A-1 through
A-5 and B; and also recommending that a presentation on the pertinent
amendments be made at the CIT meeting prior to the public hearing in front of City
Council. Commissioner Sutton seconded the motion. The motion passed
unanimously.
7. OTHER BUSINESS
At present, there are no meetings scheduled for September.
8. ADJOURNMENT
The meeting adjourned at 7:18 p.m.
Jerree Gaynor, Planning Commission Secretary
ATTEST: President Mark Padgett
PLANNING COMMISSION MEETING MINUTES - August 5, 2002 - Page 2
LM I Mill IN 111101 oil I IN mmmffm~
AGENDA ITEM #
FOR AGENDA OF 9/10/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Preview on Sgp/t~ember 11 Remembrance Event n~ I ~n
PREPARED BY: Elizabeth Ann Newtc0 ~ I.~2EPT HEAD OI~ P ITY MGR OK ! V Yv I `I I
ISSUE BEFORE THE COUNCIL
Information on the celebrate our community gathering to be held at Cook Park on September 11,
2002.
STAFF RECOMMENDATION
No action necessary. Information only.
INFORMATION SUMMARY
On Wednesday evening September 11 from 6:45 - 7:45 the Tigard and King City communities will
have an opportunity to gather at Cook Park to commemorate the events of September 11, 2002.
King City Mayor Jan Drangsholt and Mayor Griffith will open the program. Members of the
American Legion Post #158 will present the flags. Tigard High graduate Mindy Wegner has been
invited to sing the National Anthem. The choral group, Home of the Brave, and the Tualatin Valley
Community Band will perform. The program will end with a candlelit moment of reflection.
Participants should bring their own candles.
A large banner, provided by Classic Sign Systems, will be available for people to write
acknowledgements to their own "°everyday heroes." Barrels for the Oregon Food Bank will be in the
park if people would like to contribute nonperishable food.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
None
FISCAL NOTES
There will be no costs for the entertainment or the banner. Staff time to cover the event will be
managed by adjusting schedules to minimize overtime costs.
I:%ADWCITY COUNCILUCOUNCIL AGENDA ITEM SUMMARIESISEPT 11 REMEMBRANCE EVENT.DOC
AGENDA ITEM # q
FOR AGENDA OF September 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Summer Reading Update ' l
PREPARED BY: Margaret Barnes DEPT HEAD OK j1 CITY MGR OK~'~ W
ISSUE BEFORE THE COUNCIL
Update on the Summer Reading Activities at the Library
STAFF RECOMMENDATION
No action necessary
INFORMATION SUMMARY
The theme this year for Summer Reading was "Don't Bug Me I'm Reading." Many families made weekly visits to
the library all summer. Throughout the summer, the Library offered a series of special events and programs for
children and teens. Several of these programs were held in Fanno Creek Park behind the Library. The staff made a
special effort this year to visit summer camps and daycare centers to promote the Smmer Reading Program to
children at these locations.
This year, 1246 young people registered for Summer Reading and 702 completed the program. This is almost a
60% completion rate. With more families visiting the library this summer, program attendance totaled 2499 which
is a 20% increase over the prior year.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #2 A wide array of opportunities for life-long learning are available in a variety of formats and used by the
community
ATTACHMENT LIST
1. Set of PowerPoint Slides
FISCAL NOTES
None
Tigard Public Library Steve Taylor V
Dart OGnE' ~'FFll333f ~~I I- ~
=M RFAaIr~`
Summer Reading Hi hli ht 2002
BJ The Clown The Reptile Man
y.. - I
Tom Question Juggling Six Legged Science
t_
r..
a ~
1
IMIN Ill
loll
~ i Dis la s ~
TVF&R Story Time Summ¢r R¢ad p y
e o ~
Tigard Blast Programs for Teens
a
Outdoor Survival
Paper Making
.t
2
Flower Pot Design Perception beception 0
I - NA,
I -law
So®pmaking 'teens Revd!
th
Summer Readirg Satistics Summer 2003!!!
2500
°Qeg'etratlon Read! Discover! Explore!
zooo
150o O comµetlon
We are already gearing up for next summer
1000, 0Program where we plan to have the kids 'digging" for
50o Attendamc books all summer long.
O Program and
0 aetM lee offered
2001 2002
3
AGENDA ITEM #
FOR AGENDA OF September 10, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Update on the New Tigard Library
PREPARED BY: Margaret Barnes DEPT HEAD OK M CITY MGR OKf Vd/~W
ISSUE BEFORE THE COUNCIL
Presentation by staff to update the City Council about the new library.
STAFF RECOMMENDATION
The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard
Library.
INFORMATION SUMMARY
On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of
approximately 47,000 square feet. This amount will pay for land acquisition, the designing, building and furnishing
of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property
located along Hall Boulevard near O'Mara Street.
Since the passage of the bond, SRG Partnership, PC has been selected by the City as the architectural firm for this
project. The City has also selected the firm, Shiels Obletz Johnsen, Inc. to serve as the City's representative for the
project. Interviews for a general contractor are scheduled for September 12.
To promote community participation in this project, the New Library Resource Team will meet with the
architectural firm, and schedule community meetings to solicit citizen input. In addition to these meetings,
information about this project, is emailed to interested citizens, posted regularly on the City webpage and appears
monthly in the Cityscape. At this meeting staff is prepared to answer questions.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all
ages.
ATTACHMMNT LIST
1. Set ofPowerPoint Slides
FISCAL NOTES
NIA
_MI
e
Project Update
• Architect Selected:
What's A New SRG Partnerships, PC
• Owner's Rep Recommendation:
can the Shiels OblitzJohnsen, Inc.
8 • General Contractor.
New Library? Interviews September 12
Public Involvement Timeline
[Information Update Bond Measure Passer . '
Spring'02 ✓
Advertise fix Architect Su r'02
• Community Meetings Select Architect Summer/ Fall bz d
Design Meeting #1: (date) Seuct Bords Arc Fall 102 Site Meeting Purchass Properly F&11'02
ggss on Fdl'02
CUbnryanmuVZgn4Meetin5ite
• Library Resource Team D ei Design Ubrary Fall '021 VA ter'03
Groundbreaking Spring'03
Ubnry Construction Spring'03r04
Ubnry opens) Summer'04
Want to Know More? For More Information...
• "Diggin' the Dirt" email updates Contact:
paulagci.tiga rd.or.us
• New Library Web Pages 503-6846537, ext. 2508
• Hard Hat Report in Cityscape Check out the Construction Web Pages:
www.ci.tigard.or.us
1
AGENDA ITEM #
FOR AGENDA OF 9/10/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Status Report on Purchase of Library Properly
PREPARED BY: Elizabeth Ann Newtoy'n~N ~D`EPT HEAD OKf ,&4y MGR OK~ VY / Y "
ISSUE BEFORE THE COUNCIL
A status report on the purchase of the propertyfor the new library.
STAFF RECOMMENDATION
No action necessary, information only.
INFORMATION SUMMARY
On December 18, 2001, the City Council approved entering into an option agreement for the
purchase of property from Fred Fields and authorizing the Mayor to sign the option agreement.
After the library bond issue passed on May 21, 2002, the city exercised its option to purchase the
property. Mr. Fields has given the city and its consultants permission to enter the property and
perform the various studies necessary for the design and construction of the new library such as the
property survey, soils testing, and wetlands delineation.
The city is now in the process of performing its due diligence requirements prior to closing the
property sale such as the level 1 environmental assessment. Due diligence requires the city to
identify any problems associated with the property that may need to be resolved prior to closing.
The property owner has given notice to the tenants on the property, and the property is expected to
be completely vacated by August 31, 2002. The funds for the purchase of the property are expected
to become available sometime in the first two weeks of October. The closing of the property sale is
expected by October 15.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Urban and public services Goal #3 "adequate facilities are available for efficient delivery of life-
long learning programs and service for all ages.
ATTACIM ENT LIST
None
FISCAL NOTES
Funds for the property purchase are included in the proceeds from general obligation bonds
approved by voters on May 21, 2002, and issued to OECDD.
\\TIG333\USR\DEPTS\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\STATUS REPORT LIBRARY PROPERTY.DOC