City Council Packet - 02/10/2004Agenda Item No. 3 I
Meeting of _ 3 • C1 - r-)
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
February 10, 2004
The meeting was called to order at 6:31 p.m. by Mayor Dirksen.
• EXECUTIVE SESSION: Executive session was postponed until the conclusion of the
business meeting.
STUDY SESSION
> UPDATE FROM THE SKATE PARK TASK FORCE (See also: Agenda Item
No. 6)
Chairperson of the Skate Park Task Force, Rich Carlson, and members of the
Skate Park Task Force addressed the Council. Mr. Carlson advised there would
be a meeting on February 25, 2004 at 7 p.m. in Town Hall to recruit people
to work on various subcommittees. Mr. Carlson recognized the task forces'
partnership with the city and asked the Council to promote the skate park. He
mentioned the task force would like to name the park after Mayor Griffith.
Councilor Sherwood suggested establishing a deadline for funding and
commitments may spur activity and participation.
City Manager Monahan noted the site could be available in late September,
and added changes in the composition of the City Council resulting from the
November election could affect support.
Mayor Dirksen added the site would not be available indefinitely.
> DISCUSSION OF COUNCIL VACANCY (See also: Agenda Item No. 5)
City Attorney Ramis advised Council to develop a selection process and to
follow it. He suggested the Council address the following items when
establishing the process:
■ who will be interviewed
■ interview format
■ timeline
■ interview questions
Tigard City Council Minutes Page 1
Meeting of February 10, 2004
■ candidate evaluation (individual judgment/scoring or grading system)
■ when the decision will be made
Several Councilors stated they would be basing their candidate preferences on
the candidate's history of volunteerism and involvement with the city and the
candidate's experience.
After discussion, the Council established the following process:
■ Interviews will be conducted the evening of February 12, 2004.
■ The Council will interview all eight candidates.
■ The Council will meet at 5:30 p.m. to discuss possible interview
questions.
■ Interviews will begin at 6 p.m. and be held in twenty minute intervals.
■ Although the meeting is open to the public, the Council prefers
candidates do not sit in on the interviews of fellow candidates. This will
be communicated to the candidates.
■ Candidates will be rated on a scale of one to eight (with eight being the
Councilor's top rating).
■ The candidate with the highest score will be offered the appointment.
■ Should there be a tie, the Council will vote again, only on the tied
candidates.
■ If they wish, candidates may make a five minute prepared statement, and
the Council will use the remaining 15 minutes for their interview
questions.
> ADMINISTRATIVE ITEMS
Wall Street Options
City Engineer Duenas updated the Council on the progress of the Wall
Street project. The city is working with environmental consultants to
prepare a strong, complete application for the environmental permits. The
application should be submitted next week.
In terms of timelines, the best case scenario would be for the city to get the
permits by this June, and the project would go out for bid. However, a
Comprehensive Plan Amendment needs to occur in order to remove two
ponds on the property, and Pinebrook Creek also needs to be realigned to
the south of the road and then tied back into Fanno Creek. The city
process for amending the Comprehensive Plan typically takes eight to nine
months. However, the window for doing this type of work occurs between
July and September.
Tigard City Council Minutes Page 2
Meeting of February 10, 2004
The city is hoping to obtain permission to begin phase I of the project,
construction of the first 425 feet of Wall Street, which will provide joint
access for the library and Fanno Pointe Condominiums. If the 2004
construction window is not feasible, the project would be postponed until
2005. In the interim, the library would be accessible via a temporary right-
of-way. There is a possibility the permits would not be granted.
Plan they would
Note: Mayor Dirksen and Councilor Moore
respe~tively, discuss u at the
and water like
Downtown Redevelopment Public
conclusion of the business meeting.
Council study session recessed at 7:32
1. BUSINESS MEETING
1.1 Mayor Dirksen called the Council and Local Contract Review Board Meeting
to order at 7:33 p.m.
1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood and Wilson
1.3 Pledge of Allegiance
1.4 Council Communications U Liaison Reports:
Mayor Dirksen said he had met with County Commissioners earlier today and
encouraged them to consider the city's request to collect park systems
development charges in the urban services area of Bull Mountain.
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Monahan noted:
Item #7, Local Contract Review Board (LCRB) Public Hearing -
Considering a Resolution Granting an Exemption from Competitive Bidding
Under LCRB Administrative Rule 80.015 for Design Services on the 1211
Avenue Improvement Project, will not be considered at tonight's meeting.
This item will be heard at the February 24 meeting.
Several study session items and an executive session would follow the
business portion of the meeting.
Mayor Dirksen stated:
- Council would hear item #6, Update from the Skate Park Task Force,
before item #5, Discussion of Council Vacancy.
Page 3
Tigard City Council Minutes
Meeting of February 10, 2004
2.
3
VISITOR'S AGENDA
■ Angela Jensen, Tigard High School Student Envoy, told the Council about various
activities and information related to the high school. Ms. Jensen distributed a
handout (Agenda Item No. 2, Exhibit 1), which is on file in the City Recorder's
office.
■ Chamber President Dan Murphy updated the Council on Tigard Area Chamber of
Commerce activities.
CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor
Wilson, to adopt the Consent Agenda as follows:
3.1 Approve Council Minutes for January 12, 13 and 20, 2004
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve an Intergovernmental Agreement with Washington County Regarding
the MSTIP3 Project for the Walnut Street Improvements
The motion was approved by a unanimous vote:
Mayor Dirksen
- Yes
Councilor Moore
- Yes
Councilor Sherwood
- Yes
Councilor Wilson
- Yes
4.
UPDATE ON THE NEW TIGARD LIBRARY
Library Director Barnes reviewed the progress of the new library. Her PowerPoint
presentation, (Agenda Item No. 4, Exhibit 1), is on file in the City Recorder's office.
Mayor Dirksen explained the library is seeking donations for public art, which will
be located in the library lobby and the children's room.
Note: Item #6 was heard before item #5
6. UPDATE FROM THE SKATE PARK TASK FORCE
Tigard City Council Minutes Page 4
Meeting of February 10, 2004
Rich Carlson, Chairperson of the Skate Park Task Force, introduced Mr. LaChance a
skate park supporter. Mr. LaChance gave a PowerPoint presentation, (Agenda Item
No. 6, Exhibit 1), which is on file in the City Recorder's office. Several skate
boarders, supporters, School Resource Officer Rick Peterson and Darrin Marks from
the Police Activities League narrated portions of the presentation. It was suggested the
Niche building might be considered as a youth center. The task force submitted a
letter, (Agenda Item No. 6, Exhibit 2), to the Council proposing the skate park be
named after Tigard Mayor ]lm Griffith. The task force distributed cookies (an
example of one of their fundraising activities), a Tigard Skate Park brochure, (Agenda
Item No. 6, Exhibit 3), designed by Mr. DeWan, and a handout on existing/proposed
Oregon skate parks, (Agenda Item No. 6, Exhibit 4). All documents are on file in the
City Recorder's office. Mr. DeWan is in the process of developing a skate park web
site. Mr. Carlson advised there would be a meeting on February 25, 2004 at 7 p.m.
in Town Hall to recruit people for various subcommittees.
Mr. Carlson requested the Council members act as advocates of the skate park, and
encouraged them to be involved. He added the involvement of city staff may be
needed. Councilor Moore indicated his support and volunteered his time to further
the park. Councilor Wilson offered technical assistance. Councilor Sherwood
expressed her support. The Council was in favor of naming the park after the late
Mayor Griffith. Short of the city funding the project, Mayor Dirksen committed
whatever support and help the Council could provide to get the skate park built.
Mayor Dirksen recognized the effort of task force members and supporters.
City Manager Monahan suggested steps the city could take to move forward with the
skate park. They are as follows:
■ Initiate the process to name the skate park after Mayor Griffith. This item could
come back to Council on February 24 or March 9.
■ Visit and outline the site to demonstrate where the skate park would be situated.
This would be affected by the size of the skate park, which has riot been
determined. Mr. Monahan suggested Council authorize a site analysis.
■ Hold a spring event on the site.
■ Discuss the commitment of staff resources.
■ Determine a timeline of when the property could be available.
Mayor Dirksen proposed staff help to identify and assist with grants to fund the park.
Mr. Monahan mentioned the city will be eligible to apply for state grant funds as it
has done in the past. However, state funding would necessitate construction of the
larger, full-size skate park and city property would not be counted towards matching
funds. Councilor Moore asked if staff could investigate options to provide matching
funds for such a grant.
Tigard City Council Minutes Page 5
Meeting of February 10, 2004
Mr. Monahan proposed the city explore the ultimate cost of the skate park, identify
the maximum amount of available grant funding, and then calculate the remaining
balance. The possibility of the city guaranteeing this remaining cost, should fundraising
efforts fall short, was mentioned.
Council consensus was to pursue Mr. Monahan's Proposal.
Council business meeting recessed at 8:57 p.m.
Council business meeting reconvened at 9:05 p.m.
Note: Item #5 was heard after item #6
5. DISCUSSION OF COUNCIL VACANCY
Mayor Dirksen asked City Manager Monahan to summarize the discussion that was
held in study session. Mr. Monahan provided background on the vacancy and
described the details of the interview and selection process as follows:
■ Interviews will be conducted the evening of February 12, 2004.
■ The Council will interview all eight candidates.
■ The Council will meet at 5:30 p.m. to discuss possible interview questions.
Ideally, each Councilor will come up with one question they would like to ask.
■ Interviews will begin at 6 p.m. and be held in twenty minute intervals.
■ If they wish, candidates may make a five minute prepared statement, and the
Council will use the remaining 15 minutes for their interview questions.
■ Candidates will be rated on a scale of one to eight (with eight being the top
rating).
■ After the interviews, the ratings will be tallied and given to the Council.
■ The candidate with the highest score will be offered the appointment.
■ Should there be a tie, the Council will conduct a second vote among the tied
candidates.
Candidates will be chosen randomly for scheduling, with the first candidate
■ offered the 6 p.m. interview. Should they be unable to make this interview
(the meeting was scheduled to begin at a later time), the candidate would be
assigned the earliest interview appointment they can attend, which would be no
later than the 6:40 p.m. appointment slot.
Mr. Monahan noted the meeting is open to the public. However, in fairness to all
candidates, the e welcome to attend the fnaldel deliberation, once interviews are
others. Candidates tes are concluded.
Page 6
Tigard City Council Minutes
Meeting of February 10, 2004
take Once the candidate is chosen, the a February that the
2004 meetingaA formal
"informal" oath of office before th 2004 meeting.
ceremony would be conducted
Councilor could tour the c'ty,and begin
Councilor Moore asked if the new
orientation before the meeting on February 17, 2004.
7, LOCAL CONTRACT REVIEW BOAR GRANTING BAN UEXBLIC EMPTION HEARING FROM
CONSIDERING A RESOLUTION GRA
COMPETITIVE BIDDING UNDER LCRB ADMINISTRATIVE RULE 80. 15 FOR
DESIGN SERVICES ON THE 121 AVENUE IMP
This item was not considered; it will be heard at the February 24 meeting.
Council business meeting recessed at 9:15 p.m.
Council study session reconvened at 9:15 p.m.
STUDY SESSION continued
> ADMINISTRATIVE ITEMS continued
• City Manager Monahan referred to a letter from Charlie Cameron,
Washington County Administrator, regarding rdrail/217 p . to ~he~meron
on the revitalization of the commuter
asked for the city to appoint one person each to the policy advisory
ndicated
committee and the technical advisory committee.o the'technical
Community Development Director Hendryx would serve on
advisory committee. Mayor Dirksen volunteered to serve on the policy
advisory committee.
■ Utility Audit Update
Finance Director Prosser distributed (Study Session Agenda Item, Exhibit
1), and summarized an earlier memo to the Council regarding utility
franchise audits. Although Tigard is already involved with audits of Verizon
and Qwest, the city may have an opportunity to join the City of Portland
in an audit of Northwest Natural Gas. If the Council is interested in
pursuing the Northwest Natural Gas audit, a budget amendment would be
portion
required once audit costs are Mr. Prosser
$40,000. The Councl directed
of the audit could range from $20,000 to
Mr. Prosser to pursue the audit of Northwest Natural Gas.
Page 7
Tigard City Council Minutes
Meeting of February 10, 2004
> DISCUSSION OF DOWNTOWN REDEVELOPMENT PUBLIC
INVOLVEMENT PLAN
Mayor Dirksen asked for the Council's direction regarding the citizen
involvement process in relation to the downtown redevelopment plan. He
explained there were two scenarios:
1. The task force would identify "stakeholders," people who have a stake in
the future of the downtown. Public outreach would be achieved through a
series of public meetings. These meetings would occur before and during
the work with the consultant.
2. The other scenario involved adding members to the task force to represent
a broader range of interests. Public outreach would be achieved through
this "expanded" task force. This task force would work with the consultant
to create the redevelopment plan.
City Manager Monahan pointed out that during the discussion of their goals,
the Council indicated it wanted the task force enlarged to be more
representative of the community at large. At that time, Council direction was
to disband the existing task force because they had completed their task of
designing a commuter rail station. Since urban renewal and financial issues
surrounding downtown redevelopment will affect the entire city, the whole
community should be represented on the task force.
Councilor Wilson agreed with Mr. Monahan's assessment and added both the
larger community and the task force should guide the redevelopment process.
He noted urban renewal would require a vote of the entire city and support
for the issue needed to be citywide.
Recruiting participants was discussed. Councilor Wilson said having a
$100,000 TGM grant may encourage people to become involved.
Mayor Dirksen proposed a slightly expanded task force that would work with
the consultant to come up with a draft plan, which would be shared with the
community through a series of public meetings. Monthly meetings would be
held, in different venues throughout the city, to review the plan. Meetings
would be publicized and public comment would be accepted.
Councilor Wilson asserted the redevelopment plan should be something that
evolves as input is received, possibly starting with community surveys.
Tigard City Council Minutes Page 8
Meeting of February 10, 2004
Councilor Moore expressed concern fresh ideas and progress are likely ~to come the
existing task force and suggested
from outside the group.
Mr. Monahan stated the award of the TGM grant carries with it an expectation
of major public involvement. Ideally, the entire community should be
involved.
In response to a question from Mayor Dirksen, Councilor Wilson described the
role of the task force as one in which the task force would give direction to the
consultant regarding specific courses of action. Mayor Dirksen confirmed the
role of the task force would be to serve as the decision-making body and
intermediary between the citizens and the consultant.
> ADMINISTRATIVE ITEMS continued
Discussion of Appointments to the Bull Mountain Task Forces
City Manager Monahan distributed a handout, (Study Session Agenda
Item, Exhibit 2), listing citizens interested in serving on the Bull Mountain
task forces. He indicated progress was being made and meetings may be
underway in the next week or so.
Water
Councilor Moore noted reports on Willamette River water quality have
been impressive. Local communities, including Tigard, are being asked if
they would like to reconsider the Willamette River water source. Councilor
Moore wondered if the Council had a renewed interest in exploring this
option. It was noted a vote from the community would be required in
order to use the Willamette. Councilor Moore added this source may offer
an opportunity for ownership and water rights at a lower cost than either
the Bull Run or joint Water Commission options.
Councilor Wilson said he was agreeable to the city exploring the possibility,
but asserted considering this option would create controversy. Since the
city is dealing with other controversial issues, he suggested it may be
appropriate to pursue this option when other issues are resolved. Councilor
Sherwood stated she has always thought Tigard would be driven to the
Willamette as other water sources became more difficult and costly to
obtain. ~
The Council gave Councilor Moore "qualified support," to enter into
preliminary discussions on the Willamette River water source. It was noted
Page 9
Tigard City Council Minutes
Meeting of February 10, 2004
It is important to keep all options open in order to give voters a choice of
water sources in the future.
Council study session recessed at 10:08 p.m.
8. COUNCIL LIAISON REPORTS: None
9. NON AGENDA ITEMS: None
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 10:08
p.m. to discuss labor negotiations under ORS 192.660(1 d).
The meeting adjourned at 10:52 p.m.
/0
4Z
Greer A. Gaston, Deputy City Recorder
Attest:
Mayor, City of Tigard
Date: 3 . q-04
1:41DM\CATHY\CC M\2004\040210. D OC
Tigard City Council Minutes Page 10
Meeting of February 10, 2004
Do nab
-,a
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
February 10, 2004
COUNCIL MEETING WILL DE TELEVISED
C\OfsXDonnWs\Ccpktl
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Revised 2/10/04 Mayor's Agenda
TIGARD .CITY COUNCIL
MEETING
FEBRUARY' 10, 2004, 6:30 p.m:
TIGARD CITY:I-IALL,
13125"SAN HALL BLVD"
TIGARD,,OR :97223
PUBLIC NOTICE:
CITY OF TIGARD
OREGON
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 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
e Qualified sign language interpreters for persons with speech or hearing impairments;
and
6 Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - FEBRUARY 10, 2004 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
FEBRUARY 10, 2004
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss labor negotiations ORS 192.660(1 d). 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.
STUDY SESSION
> UPDATE FROM THE SKATE PARK TASK FORCE (See also: Agenda Item
No. 6)
> DISCUSSION OF COUNCIL VACANCY (See also: Agenda Item No. 5)
Added.-
> DISCUSSION OF DOWNTOWN REDEVELOPMENT PUBLIC
INVOLVEMENT PLAN
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 81 Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 81 Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please
7:40 PM
3. 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:
3.1 Approve Council Minutes for January 12, 13 and 20, 2004
COUNCIL AGENDA - FEBRUARY 10, 2004
page 2
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve an Intergovernmental Agreement with Washington County
Regarding the MSTIP3 Project for the Walnut Street Improvements
o Consent Agenda - Items Removed for Separate Discussion: Any items
requested to be removed from the Consent Agenda for separate discussion
will he considered immediately after the Council has voted on those items
which do not need discussion.
7:45 PM
4. UPDATE ON THE NEW TIGARD LIBRARY
a. Staff Report: Library Staff
b. Council Discussion
8:00 PM
5. DISCUSSION OF COUNCIL VACANCY
a. Staff Report: Administration Staff
b. Council Discussion
8:20 PM
6. UPDATE FROM THE SKATE PARK TASK FORCE
a. Staff Report: Public Works Staff
b. Introduction of Skate Park Task Force Members
C. Council Discussion
Removed.-
8:35 PM
7 - 1 r()NT-RACT GVrc.-lIEW BOARD (LCRB) PUBLIC HEARING - GQNSIDU
A DCCrV I ITIQN G AAITiN AN EXEMPTION FROM COMPETITIVE BIDDING
I INWF=P I CRB A-DM IISTD ATl1- Di l gg_g4 = FQR~DESIGN cGOVlC-t:c O
T-I„I ~SF w •irwt~ i~ rnn~~1ci.r EN DDCIiECT,
Open Public Lleadn
Engineering Repanment
G. Public: TestiMGn~
Close Dnhlir• l4earin
e• 1 r' 1.6P.B Discussion a
--f • cta Recommendation
9- Lr.RB Gensider-at-lon, Local Comma Review Board Resolution No. W0.0
COUNCIL AGENDA - FEBRUARY 10, 2004 page 3
8:45 PM
8. COUNCIL LIAISON REPORTS
9. NON AGENDA ITEMS
10. 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.
9:00 PM
11. ADJOURNMENT
i Aadm\cathy\cca\2004\040210.doc
COUNCIL AGENDA - FEBRUARY 10, 2004 page 4
gecorde"'
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION
February 10, 2004 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
The Study Session Is held In the Red Rock Creek Conference Room. Enter at the hack of Town Hall. The
Coundl encourages Interested citizens to attend all or part of the meeting. If the number of attendees
exceeds the capachy of the Conference Room, the Coundl may move the Study Session to the Town Hall.
6:30 PM
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor
negotiations ORS 192.660(1 d). 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.
• STUDY SESSION
> UPDATE FROM THE SKATE PARK TASK FORCE (See also: Agenda Item No. 6)
> DISCUSSION OF COUNCIL VACANCY (See also: Agenda Item No. 5)
Added.-
> DISCUSSION OF DOWNTOWN REDEVELOPMENT PUBLIC INVOLVEMENT PLAN
• ADMINISTRATIVE ITEMS
> Item #7, the LCRB Public Hearing regarding an exemption from competitive bidding,
removed from consideration at tonight's meeting
> Discussion of Appointments to the Bull Mountain Task Forces
> Wall Street Options
> Utility Audit Update
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited
situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting
of a, governing body, which is closed 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(l) (b) -
Discipline of public officers and employees (unless affected person requests to
have an open hearing).
192.6600) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660(l) (d) -
Labor negotiations. (News media can be excluded in this instance.)
192.6600) (e) -
Real property transaction negotiations.
192.660(l) (0-
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(l) (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(l) (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) -
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.
uft1-4 -WXW *sheet-study seabn a9m1-sW"X040117.d-
AGENDA ITEM NO. L - VISITOR'S AGENDA DATE : February 10, 2004
(Testimony limited to 2 minutes or less.)
Bz)o The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue.
Bz3 If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public
hearing testimony sign-up sheet for that item.
NAME, ADDRESS & PHONE
TOPIC
STAFF CONTACTED
VISITOR'S AGENDA
Page 1
-w-o4-
~/l s/ for, #Irla
Tigard High Leadership
9000 SW Durham Road - Tigard • Oregon • 97224
(503) 431-5518 • FAX (503) 431-5410 • http://ths.ttsd.kl2.or.us/leadership/home.htmi
thsasbprez@yahoo.com
Academics
15` semester ends on January 29`h
2"d semester began on February 2"d
Arts
Solo Ensemble
February 215`-Vocalists
February 28`h- Instrumentalists
Winter Play "Charlie and the Chocolate Factory"
February 215`, 27`h, 28`h
Athletics
Dance competition hosted by Tigard
February 7`h
Varsity Girls Basketball
2nd in league
Wrestling ranked 4`h
Swimming
55 members!
Ranked 4`h, Districts February 13-14th
Spring Sports begin February 23rd
Activities
NHS Blood Drive, February 5`h
74 pints, compared to last semester's 60 pints.
Senior Citizen's Prom
February 7`h, 52 Senior Citizens attended
Morp Dance
February 7`h, Over 500 students attended
Entered into the Record on yLaZ I-
By 17atGa Cfl iLZ)
Agenda Item # G Exhibit #
"Expecting Excellence"
THS Leadership '03 -'04 Mission Statement
ti
AGENDA ITEM # 3. a ca_
FOR AGENDA OF: February 10, 2004
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and Council
FROM: Cathy Wheatley
DATE: January 28, 2004
SUBJECT: Three-Month Council Calendar
Regularly scheduled Council Meetings are marked with an asterisk
February
10* Tues
Council Meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
12 Thurs
Special Council Meeting - 6:30 p.m., Red Rock Creek
Conference Room - Council Candidate Interviews
16 Mon
President's Day Holiday - City Offices Closed
17 * Tues
Council Workshop Meeting - 6:30 p.m., Town Hall
24 * Tues
Council Meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
March
g* Tues
Council meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
16* Tues
Council Workshop Meeting - 6:30 p.m., Town Hall
23* Tues
Council meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
April
13 * Tues
Council Meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
20* Tues
Council Workshop Meeting - 6:30 p.m., Town Hall
27 * Tues
Council Meeting - 6:30 p.m., Town Hall
Business Meeting with Study Session
I: ADWGREERUTY COUNCIL\3 MONTH CALENDAR.DOC
~J
raj
rYl r~
W
O
O ~
z .Y
bA O
dU
v
Cl
O
N
c0
C
CD
.
O
. -Z5
C
I...
~U
c
O
U
Z`
U
'D
co
rn
w m
E T
_ '
E c) W
d cS d d
c C Q
ca
000
ON N
M
0p 0 0 c
in E
L'
J
N (D a)
N
(O ca O c0
U
.
:3 Ln
(6
T d
'
7
O or
3 m m m
R
Q 0
Q m
m
E U
m
E
>
J m
=L)
a)
r_ Q
m
N
Q222 -n~m
2
C a)
a) oU~
c
ca
c w
'
a)
.
d 7 0 a) O a) a) O N
a)
~ W C E n
QI Q V
o
U o a)
Ca
Z
mUC~LL LL LL. }Z
cn O 7'n 2
= N
N C
C
m
co LL.
d
U'
.
T C U =
o
a)
C N p
Q)
o
La CL L)
U a
C O cn M fD m`
O O O a)
m
U m
N a
_
N LO 'o
p
C O C w N
N
Z
y
L U E
C
2
E cp
t/f
N Q C
C
a) C
-0 0
C C U
E
a)
a)
Q 7 0
V
L)
O>
0
>O
2
E m •
E-
4j
d
C 'D <
M
OE N
0 F-
i
( N
0
.
~ N
N 7
>
, Q
cn
(D
a: 0
F-
0
U O
(D 0) Co
0
a)
to a)
d Q
C C O a) a
.
O c E
m
cm 3
J O)
CD CD
m cn
3 ca
ca O L E
'00 O U
a
O V
m U
o
w
0) 4) 8
m
>
a)
M
oU Z
n iv ,
¢ O
)
c n a
> > cn
O
-
Q
a
EL z
E
°
)
c
dE
•
-
6
o ~E0
~ rn
C U
o~
CL 88
cn U')
U)
U
O 0O0
c'!) N N N
C
7 r O
. V U ' .0
E
~
N T
M N N
n C
O
N
O
V
N cc
p
L
_ Z
E
)
CL a ` Z 'tf
0).0 a) 2
a
a
A Nm >?m
Y 2 O
E a)
O O
in 'c
5 E c ~
N d 0 a) C a) U
Q
c
O
y 00
~U LL LL •~zZ
U Q,
N
2
a) E 2 a) C (a ca
i
> C C Q
L(A
E O
rn
L C C
a co
y
C
- O O> E c
(D m
O CL
N o
m
a)
E•E c. E E m v~
O d
cnnY
M
IL -O > N
L
U E E N
aS c4
E
N N
Ud m
a) i) C a)
N
3 S
ca 0 o u -co O 7 m C
m
° m
c6 -o
m v
r_
r N 7 Q C CD
aa
a) Z
o
O L E O N
>
c rn rn
O C O C U p cn cn n.
0 co
ca O C)
-
m n c v
Q
2
o E c N c c a) E
O LL O
r_ c
N
U i-
'C O
'C f6 'D
CD N T
C O d a Q
i c6 E C
.
rG V w
N O
14 a) O
a) :2 Qcc CD a L) . O N -ca Q y
C_ to
E V p N
C
>
O C o o
cc
U
C
O C o)
Q. -O 'fl
O y' p_ co O
LL
L C
O N
O
U)
d
d
0
(D
O N
0
Ma
('7 d
d Q m U
Q
C7~mcn
~
C.)
N
co
E S
a)
'z
U
a)
to 0
o
cc
m
v
y CL 001
to z z
co
U
C
U
C
O
C O
O
U
LO =
co
cn
c
C )Q
Cb E-
_
n C
°Ecc
aoi
'
co p co dQ N N c0
O C > E
C
`N
.U
a) O
.
.
0 (D
ca v
Q
0 a)
2 9 Jin 2mcnl-Q
In
Nr
O
C)
N
co
N
IL
h..
J
W
J
E
O
d n
C) sf
C) CD C)
M
N t0 N N N
7
p) a)
N m 00 LO C
a)
Q
C
N
V U U
•
7
C
a)
a)
a) Q' a)
y
.
W
c6 O L9 m m a) O N
Q
O
~Z
LnU Z m
rn
m
(D
C Z 0
C 7
CD 0
C
U
m 7
O
c
Co Ua
0
o E
a)
C
O
J
CL 7 O).
c
~mva
N
m
N p N
nv
E
L7) C a) a) a) T
CL O U) a)
C C 2
C
0
U) L a)
«
of O
U d 'r
o
y ~
my
-
f/)
(n F- <
~JC~~Cn
m
C)
O
O
N
1°
C
CD
L]. ~
O O d d N
O) p)
«c- a)
T O
a)
E N
<
CD
N (D NNN
m
7
N U
>
^ O - Cj Z•
-
)
CO j N
Ya
u2
c
-
in
:a.v
c
v c`
R O a) LO ' o 0
co
N
C a)
a)
N N
~U tL ZZ
d
c a) Z
'
L)
C
O
J
Q
E d
Lo a) j
0
O
a) CO
Q' Ur
N
U
c
y
a)
E
r
d ~
a)
E 1
L
°f
'
:3
O C Q C)
c
m
v
a
rn C r
a c
c
3
N C c
p
~
L G
-p
(a
« (D 7
R n
T
Q
g
C)
M N
o Q ai
cm
F-
F- two
(D CD
c o m Q p cn a)
E (9 r- m
a3 a)
0
v 07 c c o a)
c
N m o O c T o
(a C o n a) U
a) a) U 2 a) :2 U a)
C U 'O M= CL .C N
J C7 co (n F-
c M
O
C N
N
0 0 0
4
~r
NNN
d
C)
'oO
CL
_
a) a
G
N N N
= U
C-a C
(p
C
CD ID
^ (p -
Z'
a7 O :3
co
'O
C L v0
C
c= 7 7 2
U)
co 2i ~j Fn- j
m o
o
N
m
Lp
N y co
i) Y E
a) a)
L) L~-'~
Co L L L L L
NL
C
ca
c _
w O) O Z NN
Mo '
3
a) "
N.
O O C 7 C
C (a
N
C
co
Q m
cc
c
U
O
.N O4.~J
m~c
- c
g (D
m - C a)«
N
to D
E m
a)
•cc a)
(D E
a a) o U N
a) 0. C:
a)
t O a) C
7
U C
Q' C O.
E
cu
N
'
~
« d
CAC
T C
Q
'
d) W-_, C
N C)
a)
a C
(
6
0
d m 0
a)
O
C a) a) a) T
0 CD C13 0. M)
C :O
cc
.
J (9
=
¢ a) Q C
a) N to •O ij m~
r
Y O La
ms o
N (2 a) a)
Z -~7SM
N
'IT
O
O
N
Cl)
N
AGENDA ITEM # 3 • 3
FOR AGENDA OF February _10, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUEIAGENDA TITLE Intergovernmental Agreement between the City of Tigard and Washington County
raonrciinv the M.qTTP 3 Proiect for Walnut Street Improvements r
PREPARED BY:Vannie Nguyen DEPT HEAD OK: Agu tin P. Duenas CITY MGR OK:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve, by motion, the attached Intergovern mental Agreement (IGA) with
Washington County for improvements of water, sanitary sewer, pavement overlay and overhead utilities on
Walnut Street between 135`h and 12151 Avenue?
STAFF RECOMMENDATION
Staff recommends that City Council, by motion, approve the attached IGA and transmit the approved IGA
to the Washington County Board of Commissioners for their action.
INFORMATION SUMMARY
On May 16, 1995, the voters approved a Major Streets Transportation Improvement Program-Six Year
Serial Levy for Roads (MSTIP 3). Improvements to Walnut Street from 135`h to 12151 Avenue are included
within the list of projects approved by the voters. In May 1997, the voters approved Measure 50, which had
adverse fiscal impacts on the original schedule for construction. On June 23, 1998, the Board of County
Commissioners adopted a revised and extended schedule for construction of the MSTIP 3 projects. The
Walnut Street project was subdivided into three phases with Phase 3 being the street itself, Phase 1 being the
Walnut Street/1215t Intersection and Phase 2 being the Walnut Street/Gaarde Street Intersection.
Construction of Phases 1 and 2 was completed in 2001.
Washington County is currently preparing to begin Phase 3, which would construct the remaining street
improvements within the project limits. The proposed IGA would permit certain City improvements to be
included in this County project. The City improvements are described in the agreement and include water
lines, sewer lines, pavement overlay and underground utility conduits.
The proposed water lines are intended to provide increased capacity as recommended by the Water
Distribution System Hydraulic Study for City of Tigard, prepared by Murray, Smith & Associates, Inc. in
May 2000. The extension of existing sewer lines would provide sewer service to three residential lots. If
Council approves the agreement, Council will be requested to establish a sewer reimbursement district for
these lots. The asphaltic concrete overlay would extend the life expectancy of Walnut Street at its
intersection with Gaarde Street. This portion of the street was constructed in 2001 as part of the Walnut
Street - Phase 2 project. Currently, power lines are installed on poles. The franchise agreement with
Portland General Electric requires that the power lines that have been installed on poles be placed
underground to accommodate the street widening. This project would provide the underground electrical
conduits for PGE to place their power lines underground.
Estimated costs for the design, construction and construction management for the project are as follows:
Design $156,302
Construction $1,182,767
Construction Management $177,415
The actual costs will be based on the bid results and on the actual costs of performing the work. The overall
costs may be lower than the estimated costs, which have a contingency factor built in.
The City could go through a separate bidding process to hire a different contractor to perform the work.
However, the expectation is that this would result in much higher costs for the City. Inclusion of the work as
part of a much larger project would enhance the opportunity for more favorable bid prices. In addition,
hiring a separate contractor would add a layer of complexity to the project by requiring the City's contractor
to coordinate the work and sequence the construction in accordance with the project schedule of the
County's contractor. Having two contractors trying to work within the same project limits is certain to
increase the costs for both projects. Staff recommends that City Council approve the attached IGA with
Washington County to incorporate the City's work in the County's project. Construction is tentatively
scheduled to begin in October 2004.
OTHER ALTERNATIVES CONSIDERED
The City could bid the project separately and coordinate the work with the County's contractor.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The improvements proposed for Walnut Street meet the Tigard Beyond Tomorrow goals of Improve Traffic
Safety and Improve Traffic Flow.
ATTACHMENT LIST
Project Location Map
Intergovernmental Agreement
FISCAL NOTES
The proposed project is identified as Walnut Street (135th to 12151 Avenue) on the draft list of potential CIP
projects for FY 2004-05. Estimated costs for the design, construction and construction management for the
project are as follows:
Design $156,302
Construction $1,182,767
Construction Management $177,415
A portion of the design cost will be funded in the FY 2003-04 Capital Improvement Program using Traffic
Impact Fee, Water and Water System Development Charges Funds. The remaining design cost, the
construction cost and the construction management cost are proposed in the FY 2004-05 Capital
Improvement Program from the respective funds.
I:\enp\2003.2004 ty dp\walnut street - phase 3 (by county)\coundl packet-iga\02.10.04 walnut street ipa als.doc
V,
z
W
2
W
MO
Li
a.
2
1-
W
w
ce)
W
Q
2
UA
cr)
P
O
F-
w
Q
D
Z cm
P
Z --Kmc
z
z
ti
3Ad 1SLZL
o.
Q
z
O
Q
O
J
I-'
W
O
cc
a
INTERGOVERNMENTAL AGREEMENT
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM
FOR ROADWAY IMPROVEMENTS
SW WALNUT STREET: SW 121St AVENUE to SW 135th AVENUE
CITY OF TIGAR
THIS AGREEMENT is made and entered into by and between WASHINGTON
COUNTY, acting by and through its Elected Officials, hereinafter referred to as "COUNTY";
and the CITY OF TIGARD, acting by and through its City Council, hereinafter referred to as
"CITY." WITNESSETH
ARTICLE 1 - RECITALS
WHEREAS, Washington County voters in May, 1995, approved a Major Streets and
;
for Roads (MSTIP
Transportation Improvement Program
part of
the MSTIP3 levy to a
50Ywh ch
oters approved Measure
th
e v
May 1997,
the COUNTY permanent rate; and
WHEREAS, one of the MSTIP 3 projects is the construction of improvements to SW
ollector road between SW 121St Avenue and SW
Walnut Street, a City of Tigard major c
rterial between SW Gaarde Street and SW 135th Avenue, herein
Gaarde Street and an a
after referred to as the PROJECT", as shown generally on the attached Exhibit A; and
WHEREAS, on June 23, 1998, the Board of County Commissioners (BCC) adopted a
i
s
t
a
l
t
on
revised schedule for construct
cal impact of
fi
he
of
arevised schedule in Iight
on
proceed with the MSTIP3 prod
Measure 50; and
WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements
all functions and activities that a party to the agreement has
for the performance of any or
a
the authority to perform; and
~
WHEREAS, CITY desires to design and construct utility improvement work (waterline,
chise underground conduits) and paving work within the project
d f
ran
sanitary sewer, an
limits along SW Walnut Street, in conjunction with the PROJECT. The said CITY
nchise underground conduits, and paving improvements are
f
J
ra
waterline, sanitary sewer,
rein after referred to as "Utility and Paving Improvement Work" and are further described
h
e
and shown on attached Exhibit A; and,
he ility
and ins
design
the
WHEREAS, CITY has requested
ad
aInd,CITY agpees to pay for stuch
PROJECT
ded to the
e
and Road Improvement Work b
C
requested utility improvement work; and,
WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to enter
into such an Agreement to cooperate in the design and construction of the improvements
to the waterline, sanitary sewer, franchise underground conduits and paving as part of the
PROJECT, with the allocation of responsibilities as detailed below;
NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and
in consideration of the terms, conditions and covenants as set forth below, the parties
hereto agree as follows:
ARTICLE 2 - WASHINGTON COUNTY OBLIGATIONS
1. COUNTY shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of PROJECT with CITY.
2. COUNTY shall perform, or cause to be performed, all actions necessary for the design
and construction of the PROJECT (including the Utility and Paving Improvement Work),
project management, design and construction engineering, right-of-way acquisition,
regulatory and land use permits and approvals, contract administration, and
construction management. COUNTY shall coordinate the design of, advertise for,
award, and administer the construction contract for the PROJECT.
3. COUNTY shall review Utility and Paving Improvement Work plans, bid items, quantities
and technical specifications and incorporate the Utility Improvement Work as specific
bid items into the bid documents forthe PROJECT. The COUNTY reserves the rightto
require alignment or other design modifications to the Utility and Paving Improvement
Work to minimize impacts to the PROJECT.
4. COUNTY shall provide CITY with the opportunity for design review of final plans prior to
bidding.
5. COUNTY shall, following the bid opening, notify the CITY of the amount of the
construction cost of the Utility and Paving Improvement Work as contained in the bid
and provide CITY the opportunity for review of the contract bid proposal prior to
contract award.
6. COUNTY shall provide inspection services for Utility and Paving Improvement Work
trench excavation and backfill, and CITY shall provide inspection and testing services
for Utility and Paving Improvement Work installation on behalf of the CITY.
Coordination between the COUNTY and CITY inspection services shall be as set forth
under Article 3 - City Obligations.
7. COUNTY shall provide a final cost accounting for the PROJECT, including all internal
and external costs, to the CITY within 90 days of final acceptance and payment to the
contractor.
-2-
8. COUNTY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 3 - CITY OF TIGARD OBLIGATIONS
assign a liaison person to be responsible
1. CITY shall, upon execution this CAgreement, OUNTY,
for coordination of PROJECT with 2. CITY shall provide inspection and testing of Utility and Paving Improvement Work
installation in coordination with the COUNTY. CITY shall monitor all "acceptance
testing" conducted by the construction contractor as specified by the construction
documents or franchise utility owner, which may include disinfection, pressure testing,
and vault and valve box installation. Testing and monitoring shall be at the City's
expense.
3. CITY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 4 - COMPENSATION
DESIGN: As design work upon the PROJECT is performed, County shall, on a quarterly
basis, prepare and submit design invoices to CITY for the cost of the work for Utility and
Paving Improvement Work. Estimated design costs are $67,536 for Waterline
for
Improvements design; Conduits design, and $0 for Paving Improvements, for atotal
Franchise Undergrrgro
design cost of $156,302.
Within thirty days of the execution of this agreement, CITY shall pay the COUNTY
the sum of $39,076 (approximately one-fourth of estimated Utility and Paving
Improvement Work design). Upon depletion, the quarterly statement from the
COUNTY shall include the amount due from the CITY for Utility and Paving
Improvement Work. CITY shall pay COUNTY the amount due within thirty (30) days
of its receipt of the billing.
Notwithstanding, the estimate of the costs sown above, the CITY shall reimburse the
COUNTY for the
Paving Improvement Work.
2. CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the
CITY for the construction of the Utility and Paving Improvement Work. Estimated
construction costs are $532,000 for Waterline Improvements; $20,000 for Sanitary
Sewer Improvements; $588,750 for Franchise Underground Conduits; and $42,017
for Paving Improvements, for a construction total of $1,182,767.
-3-
Within thirty days of the execution of the construction contract, CITY shall pay the
COUNTY the sum of $295,692 (approximately one-fourth of estimated Utility and
Paving Improvement Work). Upon depletion, the quarterly statement from the
COUNTY shall include the amount due from the CITY for Utility and Paving
Improvement Work. CITY shall pay COUNTY the amount due within thirty (30) days
of its receipt of the billing.
In addition to Utility and Paving Improvement Work bid items, CITY shall also pay
COUNTY any easement acquisition cost associated with the Utility and Paving
Improvement Work, an allocated share of the costs of applicable lump sum contract
items (i.e. mobilization, erosion control), extra work required for the Utility and
Paving Improvement Work and non-construction costs. Non-construction costs
include the cost of COUNTY services including project management, surveying,
inspection and construction contract administration which shall be calculated at a
flat rate of fifteen percent (15%) of the Utility and Paving Improvement Work
construction costs.
3. CITY and COUNTY understand that the design and construction costs are estimates
and a re u sed to d etermine p roject b udgets a nd deposit amounts used within this
agreement. Final costs will be based on the actual contract amount of the schedule of
prices and quantities used and installed. Final payments made by the CITY to the
COUNTY related to this PROJECT shall be based on actual design invoices, actual bid
prices, construction quantities and non-construction costs.
4. COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work expenses within ninety (90) days of the completion of the final
design phase. Within ninety (90) days after the completion of the construction contract,
the COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work and bill the CITY for any remaining costs in excess of the deposits
made, or refund any excess to the CITY. Upon the completion of the construction and
completion of Record Drawings, the COUNTY shall deliver one set of reproducible
Record Drawings related to the Utility and Paving Improvement Work, to the CITY, for
their files.
ARTICLE 5 - PROJECT DEFINITION AND SCOPE
1. DEFINITION: The PROJECT shall be defined as the road improvements to SW
Walnut Street, between SW 1215 and SW 135 Avenues, and is
the third phase of a three-phase project to make improvements to
the section of Walnut Street from 121St Avenue to 135 Avenue.
All construction shall meet CITY standards.
-4-
2. SCOPE: The scope rt be ve a toassociated with the PROJECT shall
include, but fo
A) Reconstruction and widening of SW Walnut Street to
accommodate three lanes of traffic (two 11-foot travel lanes
with a 12-foot center turn lane), two 5-foot bike lanes, curbs,
gutters and 6-foot sidewalks along both sides from SW 121St
Avenue to SW 135th Avenue.
B) All required storm drainage improvements including water
quality facilities, grading, landscaping, illumination, signing,
striping and other associated work.
C) CITY desired elements for improvements to existing utility
facilities, including upgrades to waterlines, sanitary sewers
and installation of franchise underground conduits. Also
included is the overlay of a portion of SW Walnut Street
between SW 131 sc and SW 129th Avenues.
ARTICLE 6 - GENERAL PROVISIONS
LAWS OF OREGON
The parties agree to abide by all applicable laws and regulations regarding the
handling and expenditure of public funds. This Agreement shall be governed by the
laws of the State of Oregon. All provisions required by ORS Chapter 279 to be
included in public contracts are hereby incorporated by reference and made a part
of this Agreement as if fully set forth herein.
2. DEFAULT with an provision of
Either party shall be deemed to be in default if it fails to comply any P
this Agreement. CITY and COUNTY agree time is of the essence in the
performance of any of the obligations within this Agreement. Complaining party
shall provide the other party with written notice of default and allow thirty (30) days
within which to cure the defect. CITY shall pay the COUNTY for all costs incurred
for satisfactorily completed
le for alldcosts and damages a~isthe ingtfrom heir default. CITY or
COUNTY shall be la
3. INDEMNIFICATION
This Agreement is for the benefit of the parties only. Each party agrees to
indemnify and hold thb other harmless, to include their respective officers,
employees, agents and representatives, from and against all claims, demands and
causes of actions and suits of any kind or nature for personal injury, death or
damage to property on account of or rising out of services performed, the omission
of services or in any way resulting from the acts or omissions of the parties so
-5-
indemnifying and/or its officers, employees, agents or representatives.
Indemnification is subject to and shall not exceed the limits of liability of the Oregon
Tort Claims Act (ORS 30.260 through 30.003). In addition, each party shall be solely
responsible for any contract claims, delay damages or similar items arising from or
caused by the action or inaction of the party.
4. DOCUMENTS ARE PUBLIC PROPERTY
All records, reports, data, documents, systems, and concepts, whether in the form
of writings, figures, graphs, or models that are prepared or developed in connection
with the PROJECT, shall become public property.
5. MODIFICATION OF AGREEMENT
No waiver, consent, modification or change of terms of this Agreement shall bind
either party unless in writing if made, signed by both parties. Such waiver, consent,
l be effective only in specific instances and for
modification or change,
the specific purpose given.
6. DISPUTE RESOLUTION
The parties agree to use their best efforts to resolve any dispute arising out of this
Agreement by mediation. If mediation is not successful within 30 days, the parties
are free to utilize any legal remedy they may have.
7. SEVERABILITY
If any terms or provisions of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be determined by a court to be invalid or
unenforceable the remainder of this Agreement and the
provisions, shall not be affected hereby and shall be valid aa and enforceable to
the fullest extent permitted by law.
g. NONDISCRIMINATION
No person shall be denied or subjected to discrimination in receipt of the benefits of
any services or activities made possible by or resulting from this Agreement on the
grounds of race, color, religion, gender, sexual orientation, national origin, disability,
age or marital status. Any violation of this provision shall be considered a material
defect and shall be grounds for cancellation, termination or suspension in whole or
in part by the COUNTY.
g, INTEGRATION
This Agreement includes the entire agreement of the parties and supersedes any
prior discussions or agreements regarding the same subject. There are not
understandings, agreements, or representations, oral or written, not specified herein
regarding this contract.
-6-
ARTICLE 7 - TERM OF AGREEMENT
1. The term of this Agreement shall be from the date of execution for four (4) years.
2. This Agreement may be amended or extended for periods of up to one year by
consent of the parties, subject to provisions of this Agreement. Except for breach, it
may be canceled or terminated for any reason beyond the control of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
DONE AND DATED this day of
, 2004.
CITY OF TIGARD
Mayor
Date:
WASHINGTON COUNTY, OREGON
Chair
Date:
ATTEST:
City Recorder
Recording Secretary
APPROVED AS TO FORM:
Loretta S. Skurdahl
Senior Assistant County Counsel
-7-
City Council Document Transmittal
To: Geri r~ u,
From:
Date: 2 It-~4
I'm sending you:
CITY OF TIGARD
OREGON
Document Type: ~(IGA ❑ Contract
❑ Other
Document Name: m s ri Svc ~n U f S~dklL-L ~ st
Approved at the Council Meeting of: 2-/Dyb~
Number Copies Included:
Your document(s) have been signed by the Mayor
❑Your document(s) have been signed by the City Manager
XYour document(s) requires an additional signature(s)
C When all signatures have been obtained, file an original document with City of Tigard Records
❑ Additional instructions:
BADWITY COUNCIL\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC
INTERGOVERNMENTAL AGREEMENT
MAJOR STREETS TRANSPORTATION IMPROVEMENT PROGRAM
FOR ROADWAY IMPROVEMENTS TO:
SW WALNUT STREET: SW 121St AVENUE to SW 135th AVENUE
CITY OF TIGARD
THIS AGREEMENT is made and entered into by and between WASHINGTON
COUNTY, acting by and through its Elected Officials, hereinafter referred to as "COUNTY";
and the CITY OF TIGARD, acting by and through its City Council, hereinafter referred to as
"CITY."
WITNESSETH
ARTICLE 1 - RECITALS
WHEREAS, Washington County voters in May, 1995, approved a Major Streets
Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP 3); and in
May 1997, the voters approved Measure 50, which converted the MSTIP3 levy to a part of
the COUNTY permanent rate; and
WHEREAS, one of the MSTIP 3 projects is the construction of improvements to SW
Walnut Street, a City of Tigard major collector road between SW 121St Avenue and SW
Gaarde Street and an arterial between SW Gaarde Street and SW 135th Avenue, herein
after referred to as the "PROJECT", as shown generally on the attached Exhibit A; and
WHEREAS, on June 23, 1998, the Board of County Commissioners (BCC) adopted a
revised schedule for construction of the MSTIP 3 projects and indicated its intent to
proceed with the MSTIP3 projects on a revised schedule in light of the fiscal impact of
Measure 50; and a
WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental agreements
for the performance of any or all functions and activities that a party to the agreement has
the authority to perform; and
WHEREAS, CITY desires to design and construct utility improvement work (waterline,
sanitary sewer, and franchise underground conduits) and paving work within the project
limits along SW Walnut Street, in conjunction with the PROJECT. The said CITY
waterline, sanitary sewer, franchise underground conduits, and paving improvements are
herein after referred to as "Utility and Paving Improvement Work" and are further described
and shown on attached Exhibit A; and,
WHEREAS, CITY has requested that the design, construction, and inspection of the Utility
and Road Improvement Work be added to the PROJECT, and CITY agrees to pay for such
requested utility improvement work; and,
WHEREAS, under such authority, it is the mutual desire of the COUNTY and CITY to enter
into such an Agreement to cooperate in the design and construction of the improvements
to the waterline, sanitary sewer, franchise underground conduits and paving as part of the
PROJECT, with the allocation of responsibilities as detailed below;
NOW, THEREFORE, the premise being in general as stated in the foregoing recitals, and
in consideration of the terms, conditions and covenants as set forth below, the parties
hereto agree as follows:
ARTICLE 2 - WASHINGTON COUNTY OBLIGATIONS
1. COUNTY shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of PROJECT with CITY.
2. COUNTY shall perform, or cause to be performed, all actions necessary for the design
and construction of the PROJECT (including the Utility and Paving Improvement Work),
project management, design and construction engineering, right-of-way acquisition,
regulatory and land use permits and approvals, contract administration, and
construction management. COUNTY shall coordinate the design of, advertise for,
award, and administer the construction contract for the PROJECT.
3. COUNTY shall review Utility and Paving Improvement Work plans, bid items, quantities
and technical specifications and incorporate the Utility Improvement Work as specific
bid items into the bid documents for the PROJECT. The COUNTY reserves the right to
require alignment or other design modifications to the Utility and Paving Improvement
Work to minimize impacts to the PROJECT.
4. COUNTY shall provide CITY with the opportunity for design review of final plans prior to
bidding.
5. COUNTY shall, following the bid opening, notify the CITY of the amount of the
construction cost of the Utility and Paving Improvement Work as contained in the bid
and provide CITY the opportunity for review of the contract bid proposal prior to
contract award.
6. COUNTY shall provide inspection services for Utility and Paving Improvement Work
trench excavation and backfill, and CITY shall provide inspection and testing services
for Utility and Paving Improvement Work installation on behalf of the CITY.
Coordination between the COUNTY and CITY inspection services shall be as set forth
under Article 3 - City Obligations.
7. COUNTY shall provide a final cost accounting for the PROJECT, including all internal
and external costs, to the CITY within 90 days of final acceptance and payment to the
contractor.
-2-
8. COUNTY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 3 - CITY OF TIGARD OBLIGATIONS
1. CITY shall, upon execution of this Agreement, assign a liaison person to be responsible
for coordination of PROJECT with COUNTY.
2. CITY shall provide inspection and testing of Utility and Paving Improvement Work
installation in coordination with the COUNTY. CITY shall monitor all "acceptance
testing" conducted by the construction contractor as specified by the construction
documents or franchise utility owner, which may include disinfection, pressure testing,
and vault and valve box installation. Testing and monitoring shall be at the City's
expense.
3. CITY shall perform actions regarding compensation as set forth in Article 4 -
Compensation.
ARTICLE 4 - COMPENSATION
1. DESIGN: As design work upon the PROJECT is performed, County shall, on a quarterly
basis, prepare and submit design invoices to CITY for the cost of the work for Utility and
Paving Improvement Work. Estimated design costs are $67,536 for Waterline
Improvements design; $15,612 for Sanitary Sewer Improvements design; $73,154 for
Franchise Underground Conduits design, and $0 for Paving Improvements, for a total
design cost of $156,302.
Within thirty days of the execution of this agreement, CITY shall pay the COUNTY
the sum of $39,076 (approximately one-fourth of estimated Utility and Paving
Improvement Work design). Upon depletion, the quarterly statement from the
COUNTY shall include the amount due from the CITY for Utility and Paving
Improvement Work. CITY shall pay COUNTY the amount due within thirty (30) days
of its receipt of the billing.
Notwithstanding, the estimate of the costs shown above, the CITY shall reimburse the
COUNTY for the actual amount of its cost incurred for the design of the Utility and
Paving Improvement Work.
2. CONSTRUCTION: As construction work upon the PROJECT is performed,
COUNTY shall, on a quarterly basis, prepare and submit construction invoices to the
CITY for the construction of the Utility and Paving Improvement Work. Estimated
construction costs are $532,000 for Waterline Improvements; $20,000 for Sanitary
Sewer Improvements; $588,750 for Franchise Underground Conduits; and $42,017
for Paving Improvements, for a construction total of $1,182,767.
-3-
Within thirty days of the execution of the construction contract, CITY shall pay the
COUNTY the sum of $295,692 (approximately one-fourth of estimated Utility and
Paving Improvement Work). Upon depletion, the quarterly statement from the
COUNTY shall include the amount due from the CITY for Utility and Paving
Improvement Work. CITY shall pay COUNTY the amount due within thirty (30) days
of its receipt of the billing.
In addition to Utility and Paving Improvement Work bid items, CITY shall also pay
COUNTY any easement acquisition cost associated with the Utility and Paving
Improvement Work, an allocated share of the costs of applicable lump sum contract
items (i.e. mobilization, erosion control), extra work required for the Utility and
Paving Improvement Work and non-construction costs. Non-construction costs
include the cost of COUNTY services including project management, surveying,
inspection and construction contract administration which shall be calculated at a
flat rate of fifteen percent (15%) of the Utility and Paving Improvement Work
construction costs.
3. CITY and COUNTY understand that the design and construction costs are estimates
and are used to determine project budgets and deposit amounts used within this
agreement. Final costs will be based on the actual contract amount of the schedule of
prices and quantities used and installed. Final payments made by the CITY to the
COUNTY related to this PROJECT shall be based on actual design invoices, actual bid
prices, construction quantities and non-construction costs.
4. COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work expenses within ninety (90) days of the completion of the final
design phase. Within ninety (90) days after the completion of the construction contract,
the COUNTY shall provide the CITY with a final statement of Utility and Paving
Improvement Work and bill the CITY for any remaining costs in excess of the deposits
made, or refund any excess to the CITY. Upon the completion of the construction and
completion of Record Drawings, the COUNTY shall deliver one set of reproducible
Record Drawings related to the Utility and Paving Improvement Work, to the CITY, for
their files.
ARTICLE 5'- PROJECT DEFINITION AND SCOPE
1. DEFINITION: The PROJECT shall be defined as the road improvements to SW
Walnut Street, between SW 121St and SW 135 Avenues, and is
the third phase of a three-phase project to make improvements to
the section of Walnui Street from 121St Avenue to 135th Avenue.
All construction shall meet CITY standards.
-4-
2. SCOPE: The scope of improvements associated with the PROJECT shall
include, but not be limited to:
A) Reconstruction and widening of SW Walnut Street to
accommodate three lanes of traffic (two 11-foot travel lanes
with a 12-foot center turn lane), two 5-foot bike lanes, curbs,
gutters and 6-foot sidewalks along both sides from SW 121 sc
Avenue to SW 135th Avenue.
B) All required storm drainage improvements including water
quality facilities, grading, landscaping, illumination, signing,
striping and other associated work.
C) CITY desired elements for improvements to existing utility
facilities, including upgrades to waterlines, sanitary sewers
and installation of franchise underground conduits. Also
included is the overlay of a portion of SW Walnut Street
between SW 1315 and SW 129`h Avenues.
ARTICLE 6 - GENERAL PROVISIONS
LAWS OF OREGON
The parties agree to abide by all applicable laws and regulations regarding the
handling and expenditure of public funds. This Agreement shall be governed by the
laws of the State of Oregon. All provisions required by ORS Chapter 279 to be
included in public contracts are hereby incorporated by reference and made a part
of this Agreement as if fully set forth herein.
2. DEFAULT
Either party shall be deemed to be in default if it fails to comply with any provision of
this Agreement. CITY and COUNTY agree time is of the essence in the
performance of any of the obligations within this Agreement. Complaining party
shall provide the other party with written notice of default and allow thirty (30) days
within which to cure the defect. CITY shall pay the COUNTY for all costs incurred
for satisfactorily completed and authorized work up to the time of default. CITY or
COUNTY shall be liable for all costs and damages arising from their default.
3. INDEMNIFICATION
This Agreement is for the benefit of the parties only. Each party agrees to
indemnify and hold the other harmless, to include their respective officers,
employees, agents and representatives, from and against all claims, demands and
causes of actions and suits of any kind or nature for personal injury, death or
damage to property on account of or rising out of services performed, the omission
of services or in any way resulting from the acts or omissions of the parties so
-5-
indemnifying and/or its officers, employees, agents or representatives.
Indemnification is subject to and shall not exceed the limits of liability of the Oregon
Tort Claims Act (ORS 30.260 through 30.003). In addition, each party shall be solely
responsible for any contract claims, delay damages or similar items arising from or
caused by the action or inaction of the party.
4. DOCUMENTS ARE PUBLIC PROPERTY
All records, reports, data, documents, systems, and concepts, whether in the form
of writings, figures, graphs, or models that are prepared or developed in connection
with the PROJECT, shall become public property.
5. MODIFICATION OF AGREEMENT
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.
6. DISPUTE RESOLUTION
The parties agree to use their best efforts to resolve any dispute arising out of this
Agreement by mediation. If mediation is not successful within 30 days, the parties
are free to utilize any legal remedy they may have.
7. SEVERABILITY
If any terms or provisions of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be determined by a court to be invalid or
unenforceable, the remainder of this Agreement and the application of those terms
and provisions shall not be affected thereby and shall be valid and enforceable to
the fullest extent permitted by law.
8. NONDISCRIMINATION
No person shall be denied or subjected to discrimination in receipt of the benefits of
any services or activities made possible by or resulting from this Agreement on the
grounds of race, color, religion, gender, sexual orientation, national origin, disability,
age or marital status. Any violation of this provision shall be considered a material
defect and shall be grounds for cancellation, termination or suspension in whole or
in part by the COUNTY.
9. INTEGRATION
This Agreement includes the entire agreement of the parties and supersedes any
prior discussions or agreements regarding the same subject. There are not
understandings, agreements, or representations, oral or written, not specified herein
regarding this contract.
-6-
ARTICLE 7 - TERM OF AGREEMENT
1. The term of this Agreement shall be from the date of execution for four (4) years.
2. This Agreement may be amended or extended for periods of up to one year by
consent of the parties, subject to provisions of this Agreement. Except for breach, it
may be canceled or terminated for any reason beyond the control of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
DONE AND DATED this day of , 2004.
CITY OF TIGARD
Mayo
Date: Fibru_ l0. 2404
WASHINGTON COUNTY, OREGON
Chair
Date:
ATTEST:
City Recorder
Recording Secretary
APPROVED AS TO FORM:
Loretta S. Skurdahl
Senior Assistant County Counsel
-7-
s .
AGENDA ITEM # q
FOR AGENDA OF Feb. 10, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Update on the New Tigard Library -
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
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 update the Council on the progress of construction on the new Tigard Public
Library and other related matters.
INFORMATION SUMMARY
The focus of this monthly update will be to inform the Council on the progress of library construction during the
past few weeks, including the addition of windows and drywall. The presentation will include progress on
fundraising efforts and on obtaining public art, as well as information on how the public can learn more about the
project.
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 has paid for land acquisition, the design, construction 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. The library building and parking will occupy about 5
acres of the site.
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.
ATTACHMENT LIST
1. Set of PowerPoint Slides
FISCAL NOTES
N/A
t P ~n rf b rt i ~v b J' ~ t y 1
VA, , F} rr $ 4S4r ~r a 1tt i v ~N 0! ~~,I?
r. i
,'v
b
x; tti^ r lad - r I >r y,,. vYd, ) t b 4 ,fi'{' 7C~ "4 It ~
is 'ti f t ~ 11451#} 1' ,
i t a'f r 4 .C " s ~?qr t c z w ~ f;~P t~ ~)4 r I ~u..
r { ' r ~ Cy- t 4
~ n t ~ k ~~t~ ~ 2 h fi'" ti -sF+.~`~ rs• ~ tl~.y, ~ f~T i~
! t aA f, 4- ~!r y~X nr K yFa.`3 yd it ,ors [t~ t 4(y~ rY~,l`
r b ;r4 ~ i a r ,i ~ Fl_~ 3x r f ~r.?n`"~• ,7 ~a~ '+st~ lrs~~.,ti' 1k'D +t 4 S ^ p s iy w F "r u
1 t x i t , F
a } (
' 1 - tt r ~ f { "`'Vtr i.,} Fr,r} !~{y~~~4~'~r
Fft .v~ytC4
: ~ r! r `Z J '~~5-~~rb, t--nTT ► ' i ~ rd J
1 Ilr is
vl-
1 ~ tr ~ ' 9 > f ~ ~ t t yyi
V ~ q r`
'r ba art' 'f r, c }
L.,1
~ t ~ r 1~ (ti
q~; ~~-yam ~ C C
~ r
- t rA. EPA fJ
ININL.
1 i r ` ~ F s.. t _ t rr ~ 1'`~'~CY,r.~,~s-tti
~ •.f J~, 6 Y bra ill ~X
t, t1 I r, 5 ' r rl a i 1 r J y S s~ ~ y7.
} L r r!: { 7 a 11 f
d~I } 1~, iri ) v tilr+ t i~. }fl~t-1.ri{yi1it F ~e "liac 'I "~j r.~_ 52- i SP Yi } l
1 t~ P 4 t dgtL zP~{i iq~+p klr.f( >t t i:}y J~'.~1 ~,iA ~r r { {~t:.t~ .i E;9+ t:`t. ~.g ,i.: c F~ lr'i aa,~ r, 1 <•,d .
i to 4 }yMq: Ufli rS t'"P~S}~A75•'4~t[ n ~ry.}n i~ 1' ;~,1~~~( ~ 1~•r~t ryy'f'+~
~`°^hix~ )Ar tt7~.~t{r"}. Fwc~~r. r'Cii ~'t/,, r,, tw.rh, }fv Ct µfjlff..'Y{7Z '~i 3 v~i~ h~,~~z1ttf 7f k. •i ~P-};,r~• ~v yS~. ('~_s'
Stt~ PAD G C~II t 7t 7v lf~ 4 , t F t 1 4. 75J 4 ~ ~M~}CI/ f'~ Q i~f4~ ~f di, T ~C is i~Vt~ ~1L~ 7,~~ ! •$r t!
.L<.,d i){„'tF ~1) !r i~ 1 ! 1 n 1 t i tt C+! 1] r ' i- R~ } "kt h) S
-SF;' !]i. l i Sj Y fr 6~ .~tIF } Y ~t r S µ1 1 r ! Fk,Ii"s.'~ t rj-dYf A• i tJ Y' tK a d '`4"ti e J-
~
~ ttk- 1 ~t"ritYnl~all {.,~3'~ J t tlr~ t' i i y I 4t ~ r f 7 r tl tir .~fi+x,
( i s ' r C F I i t, ,rJ 4 'J !
,.iL'•3~ra ~ r rk ` . - . ! ~ t t ' r , r t ~ x.. ?d r 7 r i''t ~~r r'S~ ~ - 4 t
HOFFMAN CONSTRUCTION COMPANY NEW TIGARD LIBRARY
DATE: 12-30-2003
..,r.-'S~el~
".«L~ \ i
J
4b ivy
i'
A r
n !
4
n
fir
era's -
Y'
y
H'
r !
IL
oc
J ~J 1
4 C,tti';2«
"I"►
J4
_.~..i^7MIf"
T
v rt ai M':i
r,r ,l i + lyy4 'E~'1'0l dF•y' s1t 1`
r F _ r pp ~~+7r &2Jak t , ~K .r ~t/t f u~ tE}tL t r 1:~
s ^ 1, , f mtf 'X £ } 7 7' ~ ~ ..4'O~✓ fi /t t r n 4~ %FF ~ t b"
t t ~ ~ , •'Y rl~`d,~"- 4yff ~ tc ! r r, F ~ 1 t 'i3
a y( } y
f a / } 4.~~b'.iy .kY}k'„( `S ~~1' ~ ~.a.,,4X + 1 / },i. ~ S~ 3 1 ~ ~•~di'~+~.f ~ 1 r
In~'t
t ~ ~~yy,, A~ / t rt t t ~ I
S yr 1 -1 d+ t ~ r}r >t' ~1r ~,t ,r~'f~ ~ i '.i ~".k i.. .}yl~ly-v~4ar ~a .C~~~Y~-O%.~'7.i~Y~•{.,
zl i+ t it-' s+r,}~YZr ~ ~ .1ltei~iM~,~{~Yil~
~,r • , / °~/~+tA 4~~q ~tr~ ~sY~,'~4~ It r.,;
t _ ~s i Y ~ nr"1,$Y~ H~ + t qtr .
• - "dc t t try s..~5 t Y a
Y~'/tj~~ M~ l 4
d{ t
h~ ! t
3-
•
t
i-A
1 s f
vo ~O (
~%"~~~i~rt+~''r 4HRt Tiff ~i )l";SjS!
Pf ,txr~>t0iii/uds~i}
•C' t r 1 5 `fiy/ 'r)l ~ Xa r~. ~').~~'"f •rt ~~ti r 51 / t tCk W~;I a ,
!~5.., , i .;.V. r~rY ~fa. S.j. i,f h~~t!?.? , ~ ~ 1_..z r, ~ i.c't sj , . ,G+ . , t ,r.1 r to ~f Kh'` ;•y'''
4
r./,.:~; t01: c: - s•, nom,
Y
t~~~~
5 .y yl h ~i 1 f-"Qp,
~ t f ~r TURN!" no r yr Q
r
pvg T
j ~c9 c ~!y
i x iti lawn
fPS_ti )h~ s =*r ysk
X'rstti zp.
m~,N,rf 2~ ts'., ✓px ti ~~,`c4anti
f 9 Y .~.t i4 f
i g, "NI
I I 1 i .i - < ~ rg 1 tyr '".3 fY it }~,f~ Jr i.
♦ r~ n u)f ~ fir, 1 t ;fit i~ ~NP-1,
? I 1 ] j. f r y S j t i, # Ps the n Yp
,
sE ,rai 1 is rt 97
n' ~ . t 1 r" ti
1 F J
r ~ Y
qq rrr
f°•i~ lj Ar
ITT ~ a 1 7 t t!}'~ T a i
~7 r r i
S Lim 1
1~1 i ~Y x #~t ~ Y r
1.,- l ] J ~ 1q~ ~r3 d1 ~ fIlj~ '1 T•,yf'r4~q~~~i~j~,~~'S;r ~ Y
1 _ Z+`~',. a /rr tiF Tangy 2i2 < <
K . _I ^ tr1 <Y~ t,r Y ;#,c•j,;r F~rri , At~Q~
,r
5 s
4~ W~y 51(A t
P-. IL 1; a z a 3~ tj°'xr xtir t1f
OAK.
ywf[a` rt S }
4r.. ,'+1
i + rcr4 7 y t f a M t i,
I. r rr- { 1l < I~ v,~Y l';1
.j ,n Fz.`c 1 h$, 4i. tsr {S ('S r,.ic } Si. .y }a xni) ,lr+ r e4i#,A.u t~ t s +~i~.!'
'S.,.
t) y 1 $ t ~ f ! tl Y ha d r i' C' i4 41 ~i R !3 --h`r
5. r k F c t t ',I ~ 2~~. p srr }~{ltlt t9 5~ir"3 Lr f C 3y3 1 r Y i~4'
k f d > a c ss t 1?e
?J'r40' a t . > t edt s( r t ; ~y,
LI ~r ! rl Y~rth k a ~ ` H ~ , tn`4 v~7 ' ~ kk ~x 6'~ t t { ~ to ~it"~ d~ ~ >t t t~F` r
~rit >r t tE?
ar4z'r ru s "Al
t• n~n,~~~~~s~ri ~ ~1 'Y'Ct llFS '"in ~ i 1 1 i r iF ~ ~ r ~ x •iRS v.
M EE yj"3w Gn t ~ z r, >t I rx~kT u f
~;wZSv~ ti r~~~ rf ~¢pt > t.)?~ +'X ,w 1' ~ 1 !y1 I a ~r i a~ i ~~rtrP tx~ r YI
is rl fix ,i-NC 4i'l`ft~s~ >ar 1 f f t1:.; r jjtt '1 Fy,r,~~~a 1~ t-4•¢~~6' r ,r, r1Rrt,' 1 Y
C 1_,;,~°~.(`•_~r,:~~~_.k ~.ti~t J. ~nir+.. ~ f t.- ..idr':~`W.X1v~r.: ai.rs%L~.1 xtf.Uan,i c..:..r1 <<Ir, r t_...n.f. ~'..rls .i. rl.~ fa.. J•;
Entered into the Record on P(,t),CL~~ ~au
1~~ i"r /t it l pct, n~.=~ fD Lour C a -a¢
By
4genda Item # Exhibit #
New Tigard Library
Construction Report
February 10, 2004
1
For that special someone
you'd like to keep underfoot/
Your
Ndme ~
Hera
2 a+~.
v6 il
pail
Want to See More?
t X44;`
'
ill?•.
N New Library Updates:
www.cWgard.or.us111brary
;
Want to Know More?
t
2+
* Hard Hat Report In Cityscape or on the
website
* Questions? Contact aula
cl. I ard. r.us
J
or call 503-684-6537, .25
r .H
2
AGENDA ITEM # 5
FOR AGENDA OF February 10, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Discussion of Council Vacanc
PREPARED BY: Cathy Wheatleyl~~"~ J DEPT HEAD OK _I CITY MGR OK _
ISSUE BEFORE THE COUNCIL
Discuss format for February 12, 2004, City Council meeting that will be held to interview Council candidates.
STAFF RECOMMENDATION
Council determines how it wants to conduct the Council-candidate interview meeting scheduled for February 12,
2004.
INFORMATION SUMMARY
Council will know by this meeting of February 10, 2004, how many candidates have applied for the vacant Council
position. Applicants interested in this position were to have filed their application by noon, February 6, 2004.
Council discussion is needed to plan format for the February 12 interview meeting. Items to consider are whether
Council will interview all applicants and the number and type of questions the applicants will be asked. Council
will also need to determine how it will select the new Councilor. If a ballot is used, Council members will need to
sign the ballot; how each Council member votes is public record.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRA"1 E(iY
N/A
ATTACHMENT LIST
None
FISCAL NOTES
N/A
is\adm\packet'04\040210\counci1 vacancy ais.doc
AGENDA ITEM
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Skate Park Task Force Update
PREPARED BY: Dan Plaza DEPT HEAD OK
(D
2/10/04
CITY MGR OK
ISSUE BEFORE THE COUNCIL
Listen to periodic Skate Park Task Force Update.
STAFF RECOMMENDATION
No action required.
INFORMATION SUMMARY
The Task Force will meet with Council in the study session and then the Task Force will address Council in the
business meeting. The Task Force wishes to discuss their recent fundraising efforts. They have raised
approximately $1,100, and over $2,100 has been donated in honor of Mayor Jim Griffith.
OTHER ALTERNATIVES CONSIDERED
n/a
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Council Goal #4 and Council Visioning Process "Tigard Beyond Tomorrow"
ATTACHMENT LIST
n/a
FISCAL NOTES
The Task Force now has approximately $3,200 in the Skate Park Task Force account.
Entered into the Record on Z ZT4
By rzym
Agenda Item # Z_ Exhibit # /
"Play in Tigard"
"Stay in Tigard"
Skateboard Park Update
1*
Vision becomes "Action"
• Mayor Griffith's
"pI 1ay in Tigard','
vision and
"Stay in Tigard",
involvement
r,
• Creation of Skate
Park Task Force
u
Status Update - The Location
• The location has been selected in Downtown
Tigard, next to Mass Transit, the Police Station
and the Library.
"'The Tigard Skate park will he the safest. MOO/ f talily
oriented park in the {Vest"
A -lo-D4
01<0 h- Pa,4-/L ep_/~
Tigard's Vision Process
• Provide leisure time and recreational
opportunities for our community.
• Help small and local businesses to
thrive. Y
• Create a "Safe, Dynamic Tigard
Community" for the future.
Status Update - The Plan
• The skate park is designed.
"A high ~qua~litx hoig iortingJacdO. the c!ty ca be prun~~d~~ oll
<D AZ)K-
sr.•~r wwrtr~ r~srrµ ~a.M,
_Cnr
How the skate park fits Tigard's vision!
• Provides a great leisure time and
recreational opportunity for our community.
- A top quality, safe, family place to be.
- Fastest growing sport in the U.S.
- Skateboards, in-line skates and bikes.
•YI plaee where ! can go with afy family ar toy friendr to skate,
have fun, and he safe!"
1
How the skate park fits Tigard's vision!
• Help small and local businesses to thrive.
- Supports Downtown Tigard Revitalization
• New Ice cream /coffee shops, sports stores, etc.
• On the Bus route, and the future MAX line and a
good reason for people to get off.
• Gives our families and youth a year round
downtown destination vs. other seasonal sports.
• Helps people: "Play in Tigard"
"Stay in Tigard"
How the skate park fits Tigard's vision!
• Create a "Safe, Dynamic Tigard Community"
- Supports the City to Community connection.
• Greater police interaction +r
• Beneficial to DARE
• Beneficial to GREAT
All day long,
All week long,
All year long.
We need to create an energized
Skate Park Launch Team!
"Let's get this done"
How the skate park fits Tigard's vision!
• i lelp small and local businesses to thriveA-a -d)
- A regional tourism / special events location
• Skating and Biking Events and Competitions
• E Intel and Shopping S's
"Just look at Snowboarding or Soccer
today versus 10 years ago."
The next big step
Fundraising Launch Team
• Past History x
-Tualatin Experience.
• Scheduled Events
- February 25th at City I hall - 7:00 p.m.
• Future Events and planning
- Seeking a big name Skater to facilitate a large
fundraising event!
- A large publicity event (The Balloon Festival?)
Recruitment Meeting
• A "Critical Milestone" for the launch process.
2
a
N
a
W
J
Recruitment meeting outcome
volunteers for the following functions:
- Student activities
- Adult fundraising activities
- Corporate / Business Sponsorship
- In-kind contributions
- Public communications coordination
- Volunteer Recruitment
What do we need from the City?
we need continued support to get this done.
- Every idea and avenue you have to help us raise
money is needed.
- Continued City Staff Involvement
- Continued City / Task Force Partnership
"We need to keep this Partnership strong"
What do we need from the City?
. We want a ,,Name for
this Place'
"Jim Griffith
Skate Park"
3
THANK YOU!
cant of Tie ARD
13125 SW Ha! Blvd.
TigWd, OR 9M3
S03439-4M
1 1473 SW Vanua f't.. Tigard. OR 9722.4
Ph: 503-224-0871 Email: rich@telaport.com
February 10, 2004
City Council Entered into the Record on /I /a4
City of Tigard
13125 SW Hall Blvd. By
Tigard, OR 97223 Agenda Item # _fp _ Exhibit #
Re: Skate Park
Ladies & Gentlemen:
On behalf of the Tigard Skate Park Task Force, I would request that
the City of Tigard consider naming the proposed Tigard Skate Park after
former Tigard Mayor Jim Griffith. As you know, Mayor Griffith was
passionate about creating activities and opportunities for youth in Tigard. As
a part of that focus, Mayor Griffith founded the Tigard Skate Park Task Force
to pursue the Tigard Beyond Tomorrow vision of building a skate park in our
city.
Until his recent death, Mayor Griffith had been a strong proponent of
the task force and its goal of building a skate park for our city's youth. His
family continues to pursue his goal.
The Skate Park Task Force members unanimously believe it is
appropriate and fitting to name the skate park after the man that set the
process in motion and was the skate park's strongest advocate. The Task
Force is therefore seeking the City's authorization to have the skate park
named in honor of the late Mayor of Tigard
As we initiate our fundraising campaign, the Task Force, with the
City's approval, would like to seek the community's support for the
construction of the "Jim Griffith Skate Park".
Thank you for considering our proposal.
V ly o
Richard A. Carlson
Chair
Tigard Skate Park Task Force
=i o
f0 1 O
Q N 0
0
13 = m
13 0)
w ai
a D
CD
3
Entered into the Record on -LZLiQ,104
B 5 n i ri T .c Fnr~pJ :a
Agenda Item # _[p Exhibit
~,~+4 ~ aft 1
rn
r, ~ ...Y( + K ~,J' 31re\~ nl+
3
U1
a)
U) (a
O
U) -a
r a)
m
- CL Cd
CL
w a)
O
otS
d
a)
cd a)
d O)
C
CL
_
CL
co
V) 0 L)
C
co
0 q)
O
m rn a v m
CL
co a is
_0
O
J
O v 'C
Q
V
d a) E O O)
m
2
m co
O d ` a
~
r
co
F-
L
L U)
V
p
ooU)
fn
mV)
otS
c
r
.
~
Y
Y
S
`
C
C
N
N
N
C
C)
co 0) 0)
O
CO
L
'
m
u
o
°
e
~aci E
E
H
c
E
LT C o o m~
V
p
E 1
0
c C LL LL C
m a) m
O
O
1-
r
3 v
i+
(D
co
C
.
_
0
i 78
E ct
~
E
d
_
ur O E a) C
o
c) m C m y
O
•
i
a
i
t5 8
t v c Ta
p co
tw
C
m o O T Q C
C
C .C O
_
C's O O C m
W U' U m U)
c
p
ir co m a. U) to
p
U G U) LL U)
Q
V
V
f
Z
C
E
C
b
a-6
d
Y~a)N
b
~ n-
2
o ° n
j. N
q o c)
c
0
a'
Y c
A ~
=
oa ~
a
w ~ ~
W
m
r~
U L Y
z
W
J
U 6 a
Q
A L
Y
m
3
o
O
E
x
o
Q)
L
0)
O
L
c
o c
O
c m
a
~
3
m
a)
-O n.
c co
Y
i
"VC
N
N
co
w
o
L
CI-
z
O o
0
Q
0-
0
m m
ca F-
c
s
c
Y O co
s
0
'C
=
Co
a)
0)
a)
o
a
O7
O_
3
m
m
`d
0)
-
°
o Cad
a
co 2
3
C
N
O Y
~ CZ ~
N
F-
m
~
o
V
U)
N
c9
0
4&
r
c
d
ro O_ O
m
t
°
O
o
_
C2
L..
C
O
O
0
0
0
0
U
U
L
O
Y a)
c
a)
.
°
-
-C
co
E
L)
•E
o
b4
Ln
~9
fA
cN
fA
J
y J
•
-0
m
0
-0
0
O
U)
"
Z
U
CO
C -0
O
ca
C
O
)
O
C
>
C
U co
- co
C
O O
O O C
O
a)
C
p
O
U)
O
C°
y
a)
-O F-
y U
V
as
'D
C
'
" C-4
o
s
y
Co
p
-
R c
o
co
O
C
~
w ro
c o Y
C
°
°
C
v
-
3
C
u
A c~
N
O O
Cl)
a)
O C
O
O
U
-O
N
O
a)
C
C
-2 e
10 in
a
a)
°
`
m
U
O
U
-
y
O
E
C
E
a)
t
c
d N
O
Q.
u1
C
cli
-0
`
V
C
7
U o
C u
to O
D a
.
N
°
a)
L
-
C
p
C
C
"O
d
lA
>
O
>
O
CD O
c
f0
j
C r
0
O
U
O
U
=
°
ca
O
c
=
¢
O
m
R
V
a)
J
-
~
C3
-
U)
co
c
a
5,
m U)
O U
-
)
i
a) `O
C6
C) N
O
T
t5
4)
co .
to
s "U
m
)
(D
0 _0
-C
C: in
r
t--
Z
U
co
c o
-
°
-
C
E Y c
r
O in
3
o
~
o
0
to °
Y
m
a)
0
0-
03
I--•
1( --D
0
a)
a co
o
co ct
tCD
O
-C CZ
Q) 0
N"
0
i;
U
E
0
°
N U
o
U3
a) 0
0)
C
j
_
a)
3 m
3
O
-0
c
O
O
O
CD
O
N
o
d
,
ca
i
co
r
0
Q
c E
°
C`
-co
c ca
a)
to
m
3
C) LL
O N
E
i
'
x
=
o
a)
v
V
co
V
U
E
O
L
n
!
a) O
-O
a)
f-'
Lo CO
.a))
t
Y
co
a) CO
O
U)
c ca
Y
V
d~
N
N
E
o
Z
y
a) O
d a)
.0 c
- a)
in
m
a
b9
U)
m
a-
C C)
o
=
N
t~
Z F-
V
c
s
.
=3 6
°
m
L
E
~
as
(a-
)
CD
a)
c
1
N
y
a)
Q
o
c
C
°
y W
)
'
O
L
m°
C
0
a
~
w
N
CD
o
Z
co
c
lT
C
,C
C LL
V
-C 6)
L1
C CO
O
m -
fd •
O E
co
O
"O
V
w
co C
m
y
O .S
47
i
N
!YA
7
'x O
U
N
1]
"O
-
m
y
a
N QU
O
O ~
is
°
3
0 0 O
N C
a) j
N
O O" O
O
0
'C.
0 -O
2
ca
°
ti
r
E
z
°
c
ca V5
Y
U)
O
0 io
-a
w a)
'C
r
-
0
o°
a
E
°
s
a)
(D
m
O a)
Y
N Y
N V
•
a)
"O O N
F
0
'ct ca
U)
-C
m
O O
.
C
C
=
LL C
U)
3 ca
a
°
a)
7 U) a)
°
°
¢
'C
'
O
~ O U
p
O
p
C o_
CL
a)
O
E _T
0
L1
co
a)
m
a)
o
-o
o
. =
-
3
-5
> >
0
LO
tf} n ~
v
3
E
c co
U)
m
U
c
CTJ
o
En
co
a)
«
T c
` 0
o
-
_
E° o
E
G
T
r d
C
O Co
U)
O_
UF
y
16
r lT
a)
U
m
O Y O
C
L-s
U
L)
_0 U
C a)
C
O
U) °
2
E
m
y
N "
C O m
.w
Y N 'C
_
d m
C
a) a N
as
;3
m
:3 _0
0
V
m
(n
d
CL
G
J_-
cm
N
C
U)
CO
Y
C ,C
/
U
O
y
O
a)
C
a) m
O y
12
O
L
_
a° U
U
m
°
m
o a)
2 o y
¢
o
co
: O
co c
Q
co
n
-n
¢
a)
m -0
C
0
r
F- F-
s r
F
-
o
ca v .S
co m
3 0
)
w
1
c
jpg S~tajF p RK
CIO Tigard Parks Departmerit
13125 Sw Nall Blvd.
Tigard OR 97123
Entered into the Record on /2#" a -to 4
By 1%-4f f/c,7/1C/ol[. ~i'On1 Oka,& Pi J- T
Agenda Item Exhibit # EXISTING/PROPOSED _iY&n # l0
OREGON SKATE PARKS
CI
om feted
Material
Alban
1999
Concrete
Ashland
1999
Concrete
Astoria
Concrete
Athena
Concrete
Aumsville
2000
Concrete
Beaverton
1999
Wood Ramps
Bend
1997
Concrete
Brookins
2001
Concrete
Bums
~o osed
Burnside
Concrete
Cannon Beach
Concrete
Cave Junction
1999
Ram s
Central Point
2003(7)
Concrete
Clatskanie
2001
Ramps
Coos Bay
Concrete
Corvallis
2000
Concrete
Dalles
1998
Ramps on Asphalt
Donald
Concrete/Pool
Enterprise
N2000
Wood Ram s
Eu ene
Concrete
Concrete
2000
Concrete
2002
Concrete
2003
Ramps
Forest Grove
Gold Beach
Wood
Grants Pass
2001
Concrete
Gresham
1996
Concrete
Hillsboro
2003
Concrete
Hermiston
1999
Hood River
2002
Concrete
Independence
2002
Concrete & Woood
Jacksonville
Concrete
Keizer
1999
Concrete
Klamath Falls
Concrete
La Grande
Concrete
Lake Oswego
2001
Ramps
Lincoln City
2003
Concrete
1999
Concrete
Toledo v
2000
Ram son As halt
Tualatin
1998
Concrete
Vemonia
Veneta
Pro osed
Concrete
concrete
Wald port
2003
Concrete
West Linn
11 2003
Concrete
Wilsonville 1999 Ram s on Concrete
Woodbun 20031 L
.1(}1 a - Ltu/VL 0A O."
rl,>: mo rest' fron c,
Cm-5id AGENDA ITEM #
FOR AGENDA OF Februga 10, 2004
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A RESOLUTION GRANTING AN EXEMPTION FROM COMPETITIVE
BIDDING UNDER LOCAL CONTRACT REVIEW BOARD ADMINISTRATIVE RULE 80.015 FOR
DESIGN SERVICES ON THE 1215` AVENUE IMPROVEMENT PROJECT.
PREPARED BY: Joe Barrett DEPT HEAD OK CITY MGR OK _
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board grant an exemption from competitive bidding under LCRB Administrative
Rule 80.015 for design services on the 1215` Avenue Improvement Project?
STAFF RECOMMENDATION
Grant an exemption to competitive bidding under Administrative Rule (AR) 80.015 by passing the attached
resolution allowing staff to amend the current contract for design services on the 12151 Avenue project to include
needed additional services.
INFORMATION SUMMARY
On March 12, 2002, the Local Contract Review Board awarded the contracts to Westlake Consultants in the
amount of $215,220 and to CES/NW Consultants in the amount of $164,660 for the engineering design services
for the 121" Avenue between Gaarde Street and Tippitt Place and the Walnut Street between 116`h and
Tiedeman Avenue Improvement projects respectively.
After commencement of the design on the 121st project, changes to the scope became necessary to extend sewer
within the project limits and to include a portion of 121st Avenue into the Gaarde Street Phase II Construction
project. The changes to the initial contract of $215,220 would increase the total contract to $277,184, which
represents a 28.8% increase from the original amount. Council was informed by the attached memorandum
dated January 23, 2004 of the changes and reasons for executing them. Since the cumulative total of the
amendments exceed 20% of the original contract amount, this agenda item requests LCRB approval of the
amendments. The following is a table providing a brief overview of all the amendments on the project:
Amendment
No.
Date
Approved
Amount
Scope of Work
Provide construction plans and special provisions for western
half-street improvements on 121st Avenue for the Whistlers
1
6/4/2002
$12,056
Walk Subdivision. The additional work was constructed as
part of the Gaarde Street Improvement project. (Note - total
reimbursement by developer: $264,317.00).
2
7/9/2002
$6,412
Design street lighting plan for Gaarde Street.
Provide additional design on 121st Avenue to accommodate
3 12/31/2002 $5,892 344 street improvements due to grade difference. Prepare two
new drawings.
Conduct second public open house and attended three
4 12/31/02 $6,665 additional meetings. Coordinate with different consultants
for the meetings.
Provide additional topographic survey and produce sanitary
sewer plans and specifications separately from the 121st
5 6/6/2003 $15,553 Avenue project. This amendment is necessary to expedite the
construction schedule for the sanitary sewer project.
TRe design ret aining walls due to change of site condition.
vide plans and special provisions for the eastern half-
et improvement on 121st Avenue for Casa Terra
6 In progress $15,386 velopment. It is proposed that the additional work be
designed by Westlake Consultants and constructed as part of
the Gaarde Street Improvement project. (Note- total
reimbursement by developer: $106,162).
Upon LCRB's approval of the amendments on February 10, 2004, the total contract amount would be:
Original contract $215,220
First four amendments $31,025
Sub-total $246,245
Amendment Nos. 5 & 6 $30,939
Total Contract Amount $277,184
There may be additional contract amendments necessary as the project proceeds towards final design. Staff
recommends that LCBR authorize any additional amendments that may be presented in the future.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMM=E STRATEGY
Completion of 1215` Avenue improvements that expands the capacity of the street meets the Tigard Beyond
Tomorrow Transportation and Traffic Goal of "Improve Traffic Flow and Safety"
ATTACHMENT LIST
1. Resolution
2. January 23, 2004 memorandum including project location map.
FISCAL NOTES
Funding of the project began in FY 2001-02 and was carried over into FY 2002-03 and FY 2003-04.
Currently, this project was funded in the FY 2003-04 Capital Improvement Program using Traffic Impact
Fee funding of $100,000 supplemented by the Urban Services Traffic Impact Fee fund of $100,000 for a
total of $200,000. There are sufficient funds in the project account for the contract amendments.
1 n%ceurcp agw4a au ad"%02.10-04 -121st avenue amaadm"l - 812.d0c
LOCAL CONTRACT REVIEW BOARD
CITY OF TIGARD, OREGON
RESOLUTION NO. 04-
A RESOLUTION GRANTING AN EXEMPTION FROM COMPETITIVE BIDDING UNDER
IMPROVEMENT PROJECT RULE 80.015 FOR DESIGN
LOCAL CONTRACT REVIEW
SERVICES ON THE 121 AVENUE
WHEREAS, on March 12, 2002, the Local Contract Review Board awarded a contract to Westlake
Consultants (Consultant) in the amount of $215,220 for the engineering design services for the 1215`
Avenue between Gaarde Street and Tippitt Place; and
WHEREAS, staff has determined that extra design services are necessary for the project; and
WHEREAS, staff has further determined that it will be cost-effective for the City to utilize the services of
the current Consultant to perform the required extra services; and
WHEREAS, these extra services will require amendments to the existing contracts between the City and the
Consultants; and
WHEREAS, the issuance of the amendments to the existing contract requires an exemption under
Administrative Rule 80.015;
NOW, THEREFORE, BE IT RESOLVED by the Local Contract Review Board that:
SECTION 1: An exemption under Administrative Rule 80.015 is granted allowing for amendments to
the contract between the City and Westlake Consultants for design services on the 12151
Avenue Improvement Project.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2004. -
Local Contract Review Board Chair - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 04 -
Page 1
CITY OF TIGARD
Engineering Department
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
13125 SW Hall Boulevard.
Tigard, OR 97223
Phone 503-639-4171
Fax: 503-624-0752
TO: City Council
Bill Monahan, City Manager
FROM: Gus Duenas
City Engineer
DATE: January 23, 2004
SUBJECT: Design Contract Amendments for the 12151 Avenue Improvement Project regulations, ive
According to the current Local Contract R exceed 20% o f he conBtractlames a o ut require the use of ctompetitive
contract amendments for a protect that
Proposalcontpracts arere
ocu0red through the requirement applies
bidding. The language in the rules suggest the
competitively bid. Personal services contracts procured
Howevergat Enineering's impression that the 20%
addressed in a separate section of the rules. It was
meeting on De ember 18, 2003 invollvingnt
did not apply to personal services contracts.
Engineering staff, the City Attorney's office, and Finance Department staff, the City Attorney's office services c
racts. confirmed that the 20°Io require ement rules and reg uationstshould belrewritten a~ stome poiThe nt nrthe
consensus also is that the procurement
future to provide more clarity on the applicability of requirements regarding the various types of
contracts.
This is to inform you that the aggregate
increase the initial contract by 28.8%. Staff will behe
n. 1215` Avenue Improvement protect would
requesting that the LCRB grant an exemption to the competitive bidding requirements and approve the
U) contract amounts that exceed 20% of the original contract on the project. The amendments are
scheduled for consideration in the Council meeting on February 10, 2004. The background of the
project and the reasons for requesting approval of the amendments are as follows:
m
In January 2002, the Engineering Department began an RFP (Request for Proposal) process to select
0
~ design consultants for the 121st Avenue and the Walnut Street Improvement projects. The design teams
w
led by Westlake Consultants and CEne nten~ of the RFP was to obtain a fullrange of engineering es
for these two projects respectively. Th
services for the survey and design for a12 1 st Avenue between Gaarde Street and nd Tiedeman Avenue. In he City Council meeting of March 12,
Walnut Street between 116th Avenue
2002, the LCRB approved contract awards for engineering design services to Westlake Consultants in
Memorandum to Council regarding Contract Amendment for 121" Avenue Project
Page 1 of 4
the amount of $215,220.00 for the 12151 Avenue project and to CES/NW Consultants in the amount of
$164,660.00 for the Walnut Street project.
After commencement of the design on the 121st project, changes to the scope became necessary to
include a portion of 1215` Avenue into the Gaarde Street Phase II construction project. As a condition of
approval for the Whistlers Walk Subdivision development, Venture Properties was required to provide a
half-street improvement on 121st Avenue between Rose Vista Drive and Whistlers Lane. This segment
of street tied in directly to the southbound approach to Gaarde Street along 1215` Avenue that was
already under construction under the Gaarde Street project and was within the project limits of
Westlake's project design scope. To ensure that the half-street improvement required of Venture
Properties would be properly coordinated with the remainder of the 1215` Avenue design and would
smoothly transition into the approach to the Gaarde Street intersection, we decided (with Venture
Properties concurrence) that the Westlake design for 121st Avenue between Gaarde Street and Whistlers
Lane needed to be packaged for construction as part of the Gaarde Street Improvement project. On June
4, 2002, Contract Amendment No. 1 in the amount of $12,056.00 was issued to compensate Westlake
Consultants for providing additional design plans and special provisions to the City for inclusion of the
improvement in the Gaarde Street project. Venture Properties reimbursed the City $264,317.00 for the
design and construction of the improvement specified by their condition of approval.
Since Amendment No. 1 was issued, staff has requested Westlake Consultants to perform additional
engineering services to allow the project to proceed towards completion. There are five contract
amendments so far for this project. The most recent amendment (Amendment No. 6) is primarily due to
a request by Casa Terra, the owner of the properties located on the east side of 12151 Avenue directly
across from the Whistlers Walk Subdivision. Casa Terra agreed to pay the City a fee in lieu of
constructing half-street improvement as required by the City for development of a 29-lot single-family
subdivision at this location. Since Westlake Consultants had already completed the design for the
western half-street improvement on 121St Avenue, we felt that it was in the best interest of the City to
have the eastern half-street improvement also designed by the same consultant and constructed as part of
the Gaarde Street Improvement project. The addition of the eastern half of 12151 to the Gaarde Street
project would extend construction of the full street improvements on 1215` Avenue north beyond the two
subdivisions. The total amount of $106,162.48, which includes $12,936.00 for the design and
$84,751.35 for construction, will be paid to the City prior to issuance of building permits to Casa Terra.
Amendment Nos. 5 and 6, together with previous amendments, increase the total contract cost to
$277,183.86, which represents an increase of 28.8% from the initial contract amount. LCRB approval is
necessary at the point in which changes cumulatively increase the contract amount over 20%. The
following is a table providing a brief overview of all the amendments on the project:
Amendment
No.
Date
Approved
Amount
Scope of Work
Provide construction plans and special provisions for
western half-street improvements on 121st Avenue for
the Whistlers Walk Subdivision. The additional work
1
6/4/2002
$12,056.00
was constructed as part of the Gaarde Street
Improvement project. (Note- total reimbursement by
developer: $264,317.00).
2
7/9/2002
$6,411.86
Design street lighting plan for Gaarde Street.
Memorandum to Council regarding Contract Amendments for 121st Avenue Project
Page 2 of 4
Provide additional design on 121st Avenue to
3
12/31/2002
$5,892.00
accommodate 3/4 street improvements due to grade
difference. Prepare two new drawings.
Conduct second public open house and attended three
4
12/31/02
$6,665.00
additional meetings. Coordinate with different
consultants for the meetings.
Provide additional topographic survey and produce
sanitary sewer plans and specifications separately from
5
6/6/2003
$15,553.00
the 121st Avenue project. This amendment was
necessary to expedite the construction schedule for the
sanitary sewer project.
Re-design retaining walls due to change of site
condition. Provide plans and special provisions for the
eastern half-street improvement on 121st Avenue for
Casa Terra Development. The additional work would
6
In progress
$15,386.00
be designed by Westlake Consultants and constructed
as part of the Gaarde Street Improvement project.
(Note- total reimbursement by developer:
$106,162.48).
LCRB approval of the amendments would result in a total contract amount as follows:
Original contract $ 215,220.00
First four amendments $31,024.86
Sub-total $246,244.86
Amendment Nos. 5 & 6 $ 30,939.00
Total Contract Amount $ 277,183.86
Approval by the LCRB of the changes in the contract to date would result in substantial cost savings to
the City. Westlake Consultants is already charged with the design of the work within their project limits.
The developers on the two subdivision projects have agreed to pay for the design and construction costs
on 1215` Avenue along their respective frontages. The amendments are merely to repackage the street
segments for construction as part of the Gaarde Street Project. Going out to another consultant to
perform the work that is already under the purview of Westlake Consultants would result in much higher
costs to the City. To accept responsibility for the design work, a new consultant on the project would
have to redo the work already performed by Westlake Consultants. In addition, the amendments cover
work that is with the original project limits as defined in the RFP for the project. The amendments take
advantage of the willingness of the developers to have the City design and construct the improvements
as part of an ongoing construction project at the developers' expense.
There may be additional contract amendments necessary as the project proceeds towards final design.
Staff recommends that the LCRB authorize any additional amendments which may be presented in the
future.
The City staff is currently undergoing training on the various provisions of the new Purchasing and
Contracts Manual. The meeting on December 18, 2003 was a huge step forward in ensuring that the
staff in the Finance and Engineering Departments and the City Attorney's office have a common
understanding of the interpretation of the current procurement rules and regulations. The staff in the
Memorandum to Council regarding Contract Amendments for 121" Avenue Project
Page 3 of 4
Engineering Department will ensure that that all future engineering services contracts comply with the
contract amendment requirements as agreed upon in that meeting.
If you have any questions or need additional information regarding the contract amendments please let
me know.
Attachment: Project Location Map
c: Vannie Nguyen, CIP Division Manager
i:teng\vannieVettem & memorandurrisbity councilors- 121st ave contract exeniption.doo
Memorandum to Council regarding Contract Amendments for 121" Avenue Project
Page 4 of 4
A
I
TI jM LAW
c wr snar
~ L
ft ul a
MOU 'Wd 6l.Ot4:l fi00ZIZ M '6MP'Z )IIBM SJBRS14M opIIeM Sj9Rsl4M\ZOPI88J\dlO AJ £OOZ-ZOOZ\JN3\:"I
Project Location Map
NTS
MEMORANDUM
TO:
FROM
RE:
Mayor Craig Dirksen
Tigard City Council
Craig Prosser, Finance Director
Utility Franchise Audit Update
DATE: February 6, 2004
Entered into the Record on
Agenda Item # exhibit #
Approximately two years ago, the City of Tigard joined with about 70 other Oregon cities
to conduct audits of utility franchise fees paid by both Qwest and Verizon. The cities
formed a compact, named the Oregon Municipal Audit review Committee (OMARC),
through an intergovernmental agreement to conduct these audits. This joint project
allows Oregon cities to conduct a review of greater depth and sophistication than most
cities could attempt on their own, and it was hoped that a joint audit would be more
efficient for the utilities. The two audits are running concurrently and are led by the
Cities of Portland (for the Qwest audit) and Hillsboro (for the Verizon audit) and a
steering committee of several cities, including the City of Tigard. Tigard is participating
in both audits because both utilities serve the City of Tigard.
Now, two years later, the projects are continuing, though little progress has been made.
The two companies have adopted different strategies in responding to these audits.
The status of each audit is as follows:
Verizon
After some initial hesitation, Verizon has agreed to cooperate in this project. Verizon
has been very concerned, however, about every detail of the audit and has insisted on
negotiating every issue before the company will provide access to company records.
Verizon has provided address records to most cities participating in the audit, except for
Tigard, Lake Oswego, and Portland. These three cities paid extra for the audit
consultant to conduct the initial address checking for their cities. We have been trying
to reach agreement on a confidentiality agreement between the company, each City,
and the consultant for the past year. The third form of the agreement has been signed
by each of the three cities and the consultant and returned to Verizon last month. We
are still awaiting Verizon's signature. We hope to begin checking address records later
this month.
The financial portion of this audit has not yet started. Verizon and OMARC are still
negotiating the terms of access to the basic financial records.
Qwest
Like Verizon, Qwest initially expressed reservations about this project. Unlike Verizon,
Qwest still maintains those reservations.
Shortly before this audit began, Qwest sued the City of Portland in US District Court
challenging the City's ability to manage its rights of way and to charge fees to the users
of those rights of way. Eight other cities in Oregon joined that suit. Qwest lost in US
District Court and signed a stipulated order of the Court requiring it to cooperate in any
audits. e held in November2003, but the Court has not yet rendered agdec sion.
appeal were
Early on, Qwest informed OMARC that it could not participate in this audit until 2006
because of the number of other audits that the company was experiencing. OMARC
tried to get information about the number of those audits, who was conducting them,
when they were initiated, and where the OMARC audit falls in the queue (and indeed, if
there even is a queue). Qwest has refused to provide that information.
Qwest did agree to do everything it could to help move the audit forward "as time
allowed." OMARC has attempted to use this offer to begin work on some of the
administrative aspects and less difficult portions of the audit, but Qwest has refused any
cooperation beyond attendance at a few meetings and the circulation of some draft
confidentiality agreements that were unacceptable to OMARC.
Northwest Natural Gas
Northwest Natural Gas also is a franchised utility and cities have been interested in
auditing it once the Qwest and Verizon audits have been completed. The City of
Portland has indicated that it intends to proceed with an audit of Northwest Natural on
but after
its own immediately. Portland has not invited other cities' participation,
discussion among staff, Portland has agreed to partner with the City of Tigard on an
audit if we choose to join in this effort. There are pros and cons to joining in this effort.
Staff will discuss these issues with the Council on Tuesday evening, February 10.
Northwest Natural's franchise with the City of Tigard expired in November 2003. The
City and Northwest Natural have been negotiating the terms of a new franchise since
last fall. Negotiations have been slow, but not difficult.
Northwest Natural pays the City of Tigard about $390,000 in annual franchise fees.
This is about one third the amount paid by PGE. It is i mpossible to predict whether an
audit would identify any over or under payments, however, given the number of address
discrepancies identified in the PGE audit, there is a distinct possibility that Northwest
Natural's address records would show similar discrepancies.
There is also no way to determine at this time how much an audit of Northwest Natural
will cost. The City paid about $8,000 for the audit of PGE and recovered about
2
$310,000 in a one-time payment. Ongoing franchise fee payments from PGE have
continued at much higher levels than payments for the period prior to the PGE audit.
Tigard is paying about $25,000 for the audit of Qwest and Verizon. Because of the
issues cities are dealing with in those two audits, this amount could grow. A
Portland/Tigard Northwest Natural audit would share some common costs, but not as
widely as was shared in the PGE audit or in the Qwest and Verizon audits. In addition,
natural gas service is substantially different than electrical service in that not every
building has natural gas. This will pose special challenges in checking address
databases. A best guess is that the Tigard portion of a Northwest Natural audit could
cost as much as $20,000, possibly as much as $40,000.
Other Oregon cities are also interested in auditing Northwest Natural, but are unlikely to
do so until after the Qwest and Verizon audits are completed. If the Qwest audit does
not start until 2006, it is not at all unreasonable to assume that it will not be completed
before 2008.
Because this audit was not planned for this time period, there are no funds in the budget
to pay these costs. If Tigard were to join in this effort, we would need to amend the
budget to provide funds for this project.
Staff will ask Council for preliminary feedback whether Tigard should continue to pursue
a joint Portland/Tigard audit of Northwest Natural Gas, including a budget amendment
to be presented once audit costs are known, or whether Tigard should wait for
completion of the Qwest and Verizon audits sometime after 2008.
a -/a 'a -f
Bull Mountain Subcommittee Applicants :81'/] Mmaha n._
City of Tigard Applicants
Name
Parks
Planning
Police
Streets
Notes
1. Gretchen Buehner
X
X
Current Planning Commissioner
2. Jerry Edwards
X
3. Kathy Meads
X
Current Planning Commission
alternate; 15` choice Parks,
otherwise whatever is available
4. Kathleen Najdek
X
5. Carl Switzer
X
Current Park & Rec Board
Member
Unincorporated Bull Mountain Applicants
Name
Parks
Planning
Police
Streets
Notes
1. Ellen Beilstein
X
2. Teddi Duling
X
X
3. Tom Fergusson
X
X
4. Michael Freudenthal
X
Current Park & Rec Board
Member
5. Paul Giroux
X
6. Jerry Hanford
X
7. Keshmira McVey
X
8. Julie Russell
X
X
X
9. Trisha Swanson
X
10. Steve Tuttle
X
X
11. Wynne Wakkila
X
Entered into the Record on
By .8///
15 Agenda Item #,~~xhibit # _2