03-20-12 board agenda - washington county, oregon

March 20, 2012 10:00 a.m.

1

BOARD OF COUNTY COMMISSIONERS

Andy Duyck, Chairman: As Chairman of Washington County's five-member governing Board, Andy Duyck represents the entire County. He has operated his own business since 1983. Duyck Machine, Inc. produces metal and plastic components that are marketed throughout the country. Prior to opening his business, Mr. Duyck was employed as a machinist/foreman for OMET and Forest Grove Iron Works. Chairman Duyck has a degree in machine technologies from Portland Community College. As Commissioner, District 4, he served Western Washington County from January 1994 through December 2010. His current term as Chair runs through December 2014.

Dick Schouten, District 1 Commissioner and Vice-Chair: County Commissioner Dick Schouten has represented Aloha, Beaverton and Cooper Mt. area since June of 2000. Mr. Schouten's family migrated from the Netherlands to California when he was four. Following a childhood spent in Fresno, he completed his undergraduate work at Santa Clara University and earned his law degree from UCLA. After serving as legal counsel for California cities, Dick, his wife and two daughters moved to Washington County in 1992. He has represented The Make Our Park Whole Committee, which helped obtain a 22-acre addition to the Tualatin Hills Nature Park. In 2003, he was awarded

Oregon Parks Providers' "Legislator of the Year." Mr. Schouten serves on: the Board of Clean Water Services, Board of the Community Action Organization, County's Aging & Veteran Services Advisory Council, Metro’s Active Transportation Council, Bridges to Housing Portland Regional Steering Committee, Homeless Plan Advisory Committee, Regional Emergency Managers Group (including regional anti-terrorism preparedness). Mr. Schouten's current term runs through December 2012.

ecember 2012.

Greg Malinowski, District 2 Commissioner: District 2 Commissioner Greg Malinowski serves Washington County's northeastern corner including Bethany, Cedar Hills, Cedar Mill, Raleigh Hills, Rock Creek and portions of Beaverton and Hillsboro. Commissioner Malinowski and his family manage 60-acres of farmland growing organic hay and beef between Washington County’s Bethany area and Portland’s Forest Park. In addition, Mr. Malinowski has worked for over 30 years in high-technology manufacturing and quality inventory control with Merix and Tektronix. Commissioner Malinowski’s community involvement has included service as a past chair of Washington County’s

Citizen Participation Organization 7 in the Bethany area. He is also a past president of the Forest Park Neighborhood Association representing the Tualatin Mountains area of northwest Portland. Mr. Malinowski holds an associate’s degree in electronics servicing technology from Portland Community College. Commissioner Malinowski also serves on the Board of Clean Water Services. Mr. Malinowski's term runs from January 2011 through December 2014.

Roy Rogers, District 3 Commissioner: Commissioner Rogers represents District 3, which includes the cities of Tigard, Tualatin, King City and Sherwood. Certified Public Accountant, Mr. Rogers is a partner in the firm of Pauly Rogers & Company PC, one of the largest municipal auditors in the State of Oregon. Mr. Rogers’ other governmental experience includes the Washington County Clean Water Services Board; Mayor, City of Tualatin (1978-1985); President, Oregon Mayor's Association; Metro Policy Committee on Transportation Study; and League of Oregon Cities Committees. Roy Rogers has served on the Board of Commissioners since January 1985. His current term runs through D

Bob Terry, District 4 Commissioner: District 4 Commissioner Bob Terry represents a large portion of the rural area of Washington County including Banks, Cornelius, Forest Grove, Gaston, Hillsboro, and North Plains. Since 1996, Mr. Terry has owned Fisher Farms, a regional provider of value-added nursery stock employing over 200 people and based in rural Washington County. Originally from St. Louis, Missouri, Mr. Terry served in the U.S. Navy from 1962 to 1966, including deployment aboard the supercarrier USS America. At the end of his military service, Mr. Terry resumed his education at the University of Chicago. Commissioner Terry’s community and

government experience includes service as: Past chair, A Child’s Place education and childcare center; Past chair and president, Hillsboro Chamber of Commerce; Past chair and founder, the Oregon International Airshow in Hillsboro; Past President, the Oregon Association of Nurseries; Board member and chair, the Investment Committee, American Nursery and Landscape Association; Vice president, Agri-Business Council of Oregon; Charter council member, Tualatin Watershed Council; Past board member, Regional Investment Board; Past secretary, Washington County Budget Committee for 10 years; Commissioner Terry also serves on the Board of Clean Water Services. Mr. Terry's term runs from January 2011 through December 2014.

2

TABLE OF CONTENTS

COMMISSIONER DISTRICTS 6

OTHER COUNTY AND CWS CONTACTS 6

MEETINGS AND SCHEDULES 7

Current Meeting Schedule 7

Regular Business Meetings 7

Worksessions 7

Second Tuesdays of the Month 7

Board Meetings When There is a Fifth Tuesday in a Month 7

Executive Sessions 7

Once the Regular Business Meeting Begins 8

Ordinance Testimony Time Limits 8

Alternatives to Televised Proceedings 8

Assistive Listening Devices 9

Sign Language and Interpreters 9

Meeting Protocol 9

Meeting Calendar 10

1. CONSENT AGENDA

The item s on the Consent Agenda are consider ed routine and will all be adopted in one motion unless a Board me mber or person in the audience requests, before the vote on the motion, to have the item considered separa tely. If any item is removed fro m the Consent Agenda, the Chairman will indicate when it will be discussed in the regular agenda. A list of Consent Agenda items is included at the end of the agenda packet.

2. ORAL COMMUNICATION

Limited to two minutes per individual; ten minutes total.

3. BOARDS AND COMMISSIONS

a. Appointments to the Solid Waste Advisory Committee 11

b. Announce Vacancies on County Boards & Commissions 15

3

4. PUBLIC HEARING – LAND USE & TRANSPORTATION

a.

Proposed Ordinance No. 744 – An Ordinance Amending Elements of the Comprehensive Plan Relating to Implementation of the North Bethany Subarea Plan of the Bethany Community Plan (CPO 7)

17

5. ORAL COMMUNICATION

6. BOARD ANNOUNCEMENTS

7. ADJOURNMENT

CONSENT AGENDA

APPROVAL OF MINUTES

February 28, 2012 19

March 6, 2012 25

CLEAN WATER SERVICES

a. Accept Construction of the Remodel of the Field Operations Yard Project No. 6470 and Release Retainage to Cedar Mill Construction Company (CPO 9)

31

b. Adopt Amendments to Pay plan for Non-Represented Employees 35

c. Approve Sixteenth Amendment to Master Contract for Professional Services with Carollo Engineers, Inc. for the Rock Creek Advanced Wastewater Treatment Facility Operations and Maintenance Building Project No. 6482 (CPO 9)

39

d. Award Contract to Solarcity Corporation to Purchase Electricity Generated by a Solar Array to be Constructed at the Durham Wastewater Facility (CPO 4)

41

LAND USE AND TRANSPORTATION

e. Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Arbor Lakes 4a AKA Arbor Lakes 5 (CPO 7)

43

f. Approve Agreement with City of Beaverton for Construction of Utility Upgrades with the SW Scholls Ferry Road Bridge Replacement Project (CPO 3)

59

g. Execute a Quitclaim Deed for a Drainage Easement to Clean Water Services as a Result of the Glencoe Road Project (CPO 8)

73

h. Approve Declaration of Necessity and Protective Rent Payments for Right-Of-Way Acquisition for the Johnson School Road Bridge Replacement (CPO 10)

81

4

i. Initiate Proceedings to Establish and Legalize Portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road as County Road No. 3275; Set Date for a Public Hearing (CPO 13)

89

j. Approve Agreement with the Oregon Department of Transportation for Cooperative Signal Timing Operations on State Highways in Washington County

107

k. Approve Bid Award, Execute Contract, and Authorize for Construction of Improvements to SW Scholls Ferry Road Bridge at Fanno Creek (CPO 3)

127

l. Amendment 2.0: Increase Spencer & Kupper Contract and Extend C ontract Term

131

m. Approve Amendment to the Traffic Impact Fee Base Report 133

COUNTY ADMINISTRATIVE OFFICE

n. Authorize Reimbursement of Legal Expenses 145

FACILITIES

o. Renewal of Lease Agreements For FY 2012-13 149

COOPERATIVE LIBRARY SERVICES

p. Approve Supplemental Distribution of Funds for FY11-12 Through the Public Library Services Agreement

151

SERVICE DISTRICT FOR LIGHTING

q. Form Assessment Area, Authorize Maximum Annual Assessment, and Impose

a First Year Assessment for Arbor Lakes 4a AKA Arbor Lakes 5 153

5

COMMISSIONER DISTRICTS (Chairman Serves Countywide)

OTHER COUNTY AND CWS CONTACTS Robert Davis, County Administrator 846-8685 Don Bohn, Assistant County Administrator

Rob Massar, Assistant County Administrator 846-8685

County Departments District Attorney, Robert Hermann 846-8671 Assessment & Taxation, Elections, Rich Hobernicht

846-8741 Health & Human Services, Rod Branyan Including Animal Services, Disability, Aging and Veterans Services

846-4402

Auditor, John Hutzler 846-8798 Housing Services, Val Valfre, Director 846-4794

Community Corrections, Reed Ritchey 846-3400 Juvenile, Dennis Kenna 846-8861 Community Development, Jennie Proctor 846-8814 Land Use and Transportation, Andrew

Singelakis, Director 846-4530

Cooperative Library, Eva Calcagno 846-3222 Sheriff, Patt Garrett 846-2700 County Counsel, Alan Rappleyea 846-8747 Support Services, Don Bohn 846-8685

Clean Water Services William Gaffi, General Manager 681-3600 Diane Taniguchi-Dennis, Deputy General

Manager 681-3602

Jerry Linder, General Counsel 681-3645 Mark Jockers, Government and Public Affairs Manager

681-4450

6

MEETINGS AND SCHEDULES Current Meeting Schedule First Tuesdays: Worksession 8:30 a.m. Regular Business Meeting 10:00 a.m. Second Tuesdays: See “Second Tuesdays” section below. Third Tuesdays: Worksession 8:30 a.m. Regular Business Meeting 10:00 a.m. Fourth Tuesdays: Worksession 2:00 p.m. Regular Business Meeting 6:30 p.m. Fifth Tuesdays: See the “Fifth Tuesday” section below. Regular Business Meetings Regular business meetings are the time during which the Board will consider the items published in their Board Agenda at the times noted above. Worksessions Prior to the Board’s regular business meetings, the Commissioners will meet for a general public worksession in Room 140 of the Public Services Center according to the schedule above. The purpose of this meeting is to provide the Board an opportunity to conduct informal communications with each other, review the agenda and identify questions they may have for staff before taking action on the agenda items in their regular business meeting. The Board typically asks our citizens observing the worksession meetings to hold their agenda comments and questions for the regular business meeting. Second Tuesdays of the Month The Board has designated the second Tuesday of each month as a time that may be set aside for in-depth discussion of broader, strategic policy issues. Accordingly, Board consideration/action on regularly scheduled agenda items normally set on the second Tuesday of each month will be held only if necessary to make decisions that, in the Board’s judgment, cannot be reasonably held over to a regularly scheduled meeting. If formal actions are not considered on these Tuesdays, the Board may use this time to conduct an informal worksession, retreat or similar informal meeting. Minutes will be recorded of these meetings. Board Meetings When There is a Fifth Tuesday in a Month Historically, the Board has not held meetings when there is a fifth Tuesday in a month. Since May of 1999, the Board has set aside these fifth Tuesdays to hold a worksession, retreat or similar informal meeting. The purpose of these meetings is to provide the Board some additional time to focus on specific issues on a more in depth basis. Unlike its regular Board meetings, these informal meetings are not recorded verbatim, but minutes will be taken as required by law. No formal actions will be taken during these meetings unless special meeting notices are provided as outlined in the Board’s Rules of Procedure. The Chairman will designate the location of these meetings 96 hours in advance. Executive Sessions There are times when the Board must discuss confidential matters such as lawsuits, real estate transactions (or other sales transactions) and labor relations matters. When the Board calls an executive session (posted on the worksession agenda), it is done under the guidelines allowed for by Oregon State law. Each type of executive session generally fits under one of three types of State Laws that allow such closed sessions. These statutes are indicated on the worksession item. Although the press is allowed to remain in the room, they are not allowed to report on executive

7

session issues. The Board recognizes the sensitivity of conducting closed sessions and only conducts them when confidentiality is required (and allowed by law) to protect the interests of Washington County and its taxpayers. Once the Regular Business Meeting Begins The Board’s formal meetings typically include the following elements: Call to Order: At the start of the meeting, the Chairman (or Vice Chair) of the Board will call

the meeting to order.

Consent Agenda: The items on the Consent Agenda are considered routine and will all be adopted in one motion unless a Board member or person in the audience requests, before the vote on the motion, to have the item considered separately. If any item is removed from the Consent Agenda, the Chairman will indicate when it will be discussed in the regular agenda. A list of Consent Agenda items is included at the end of the agenda packet.

Oral Communication (for non-agenda items): This is the time when members of the audience may step forward to address the Board. This opportunity is time-limited to 2 minutes per individual and 10 minutes total per topic. If more time is needed, another (longer) oral communication opportunity is available at the end of the regular agenda. Speakers may select only one Oral Communication opportunity.

Presentations, Proclamations, Boards and Commissions

Public Hearings:. Special rules regarding testimony and time limits may be established by the Board at the start of the hearing.

Regular Agenda Items: Regular agenda items are also known as “action” items and will follow the public hearings. These items are less formal than the public hearings but still provide the public the opportunity to comment on the proposed actions.

Second Opportunity for Oral Communication (for non-agenda items): As noted above, this is the second opportunity for the public to address the Board if more than two minutes are needed. This opportunity is time-limited to 5 minutes per individual and 10 minutes per topic. The maximum time for Oral Communication is 30 minutes.

Board Announcements: This is typically the time when the Board may want to provide other Board members, staff or the public with information regarding items that may or may not be on the Board’s agenda.

Adjournment: At the conclusion of the items on the Board’s agenda, the Board Chair will formally conclude the Board’s regular business meeting.

Ordinance Testimony Time Limits Public testimony for ordinances may be presented within the following time limits: First and second hearing - 3 minutes for individuals and 12 minutes for groups Additional hearings - 2 minutes for individuals and 5 minutes for groups Alternatives to Televised Proceedings An alternative format to the televised proceedings of the meetings of the Washington County Board of Commissioners is available on request. Interested individuals may call the telephone number or TTY number noted below and request a verbatim transcript for this meeting.

8

Assistive Listening Devices Assistive Listening Devices are available for persons with impaired hearing and can be scheduled for this meeting by calling 503-846-8611 (voice) or 503-846-4598 (TDD - Telecommunications Devices for the Deaf) no later than 5:00 p.m., on the Monday preceding the meeting. Sign Language and Interpreters The County will also upon request endeavor to arrange for the following services to be provided:

1. Qualified sign language interpreters for persons with speech or hearing impairments; and 2. 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 County of your need by 5:00 p.m. on the Thursday preceding the meeting date (same phone numbers as listed above: 503-846-8611 or 503-846-4598). Meeting Protocol The Board of Commissioners welcomes public attendance and participation at its meetings. Anyone wishing to speak on an agenda item at a regular business meeting should feel free to do so. In doing so, the Board asks that the following guidelines be observed:

1. Please follow sign-in procedures located on the table by the entrance to the auditorium.

2. When your name is announced, please be seated at the table in front and state your name and home address for the record.

3. Groups or organizations wishing to make a presentation are asked to designate one spokesperson in the interest of time and to avoid repetition.

4. When more than one citizen is heard on any matter, please avoid repetition in your comments. Careful attention to the previous speaker’s remarks will be helpful in this regard.

9

BOARD OF COMMISSIONERS

MEETING CALENDAR

Tuesday, March 27, 2012 Worksession – 2:00 p.m.

Board Meeting – 6:30 p.m.

Tuesday, April 3, 2012 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

Tuesday, April 10, 2012 Extended Worksession

8:30 a.m.

Tuesday, April 17, 2012 Worksession – 8:30 a.m.

Board Meeting – 10:00 a.m.

10

AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS

Agenda Category: Boards and Commissions Agenda Title: APPOINTMENTS TO THE SOLID WASTE ADVISORY

COMMITTEE Presented by: Rod Branyan, Director, Department of Health and Human Services SUMMARY (Attach Supporting Documents if Necessary) The Washington County Solid Waste Advisory Committee (SWAC) was established in accordance with Ordinance No. 59 adopted July 2, 1969. Enacted through regulations prescribed in Chapter 8.04 Solid Waste Control, the SWAC consists of six members representing the public, one member or employee of the health department, who shall be a non-voting member, and three members of the solid waste collection and disposal industry. Duties of the SWAC members outlined in 8.04.110 include the following: 1) review and advise on matters pertaining to certificates for collection, storage, transport or disposal of waste, including exemptions, applications, amendments, and suspensions, modification and revocations; 2) review and advise on increases or decreases in rates established for certificate holders. Chapter 8.04 states further that the SWAC shall recommend, as necessary, changes or additions to the rules or regulations for purposes of carrying out the intent of the solid waste ordinances and perform such other acts as necessary and proper to carry out the functions of the advisory committee. (continued) Attachment: Membership Matrix

DEPARTMENT’S REQUESTED ACTION: Re-appoint public members Kenneth Foote and Michael Lafferty to the Solid Waste Advisory Committee each for a term expiring March 31, 2017.

COUNTY ADMINISTRATOR’S RECOMMENDATION:

Agenda Item No. 3.a.

Date: 03/20/12

11

APPOINTMENTS TO THE SOLID WASTE ADVISORY COMMITTEE BCC 3/20/12 The Department requests your consideration of the following re-appointments with terms dates that reflect a common March 31st expiration for a given year. These re-appointments were reviewed and discussed at your Board’s work session of March 6, 2012. Kenneth Foote, for a term ending March 31, 2017 Michael Lafferty, for a term ending March 31, 2017 Attached is a summary matrix that outlines the membership of the Solid Waste Advisory Committee.

12

Solid Waste Advisory Committee

Description: The nine-member Solid Waste Advisory Committee

makes recommendations to the Board of Commissioners on solid waste and recycling policy and program issues.

Members: Six members representing the public plus three

members representing the solid waste industry. A representative of the County Health Department serves as a non-voting committee member.

Length of Term: 5 years Vacancies: 2 Applicants: 2 Candidates Seeking Re-appointment

District* Term

Expires First

Appointed Position Category

Kenneth Foote 1 3/31/12 11/7/06 Public Michael Lafferty

1

3/31/12

9/18/07

Public

New Applicants Continuing Members Jimmy Jones 1 3/31/13 3/25/08 Public Sue Shade 2 3/31/13 3/25/08 Public Kathy Christy Darren Aakre Dave White Jeff Murray Dan Wilson

2 2

N/A N/A N/A

3/31/14 3/31/15 3/31/16 3/31/15 3/31/16

4/19/11 4/19/11 4/21/09 2/07/95 3/21/06

Public Public Industry Industry Industry

Resigning Members * For information purposes only; members are not appointed by commissioner district.

13

This Page Intentionally Left Blank

14

AGENDA

WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Boards and Commissions (All CPOs)

Agenda Title: ANNOUNCE VACANCIES ON COUNTY BOARDS & COMMISSIONS

Presented by: Robert Davis, County Administrator SUMMARY (Attach Supporting Documents if Necessary) Due to term expirations and vacancies, we are requesting authorization to recruit for the following Board-appointed advisory committee: Civil Service Commission (2 vacancies) Two terms expiring 5/31/12 Homeless Plan Advisory Committee (1 vacancy) Mid-term vacancy for Homeless/Formerly Homeless Consumer position Per Board of Commissioner procedures, nominations will be solicited for these committees for a six-week period or until the positions are filled. The County Administrative Office will solicit applications from qualified individuals. Staff will keep the Commissioners apprised of applications received and of approaching deadlines. As specified in the revised “Recruitment, Selection & Appointment Process,” there will be an opportunity for the Board to discuss appointments at a worksession prior to scheduling any formal action. (continued)

COUNTY ADMINISTRATOR’S RECOMMENDATION:Announce vacancies and authorize recruitment of applicants through May 1, 2012 or until all vacancies are filled.

Agenda Item No. 3.b.

Date: 03/20/12

15

ANNOUNCE VACANCIES ON COUNTY BOARDS & COMMISSIONS BCC 03/20/12 Civil Service Commission – 2 vacancies

Description: Volunteers provide a third-party review of the County’s employment practices. The Civil Service Commission is comprised of five county residents. They hear and decide appeals by employees and candidates for employment

No. of Members: 5

Term Length: 2 years

Staff Contact: Brandi Johnson

Support Services

503-846-8606

Homeless Plan Advisory Committee – 1 vacancy

Description: The Homeless Plan Advisory Committee will be comprised of members who have authority within their agency/jurisdiction to make policy and budget decisions that impact the community’s housing and supportive service system. The Committee will provide high-level oversight to the implementation of the 10-Year Plan to End Homelessness, encourage collaborative partnership building, provide guidance to the annual work plan, work to create resources and funding, and promote and sustain the vision and leadership of the 10-Year Plan.

No. of Members: 17

Term Length: 3 years

Staff Contact: Annette Evans

Housing Services

503-846-4794

16

AGENDA


Agenda Category: Public Hearing – First Reading and First Public Hearing Land Use & Transportation; County Counsel (CPO 7)

Agenda Title: PROPOSED ORDINANCE NO. 744 – AN ORDINANCE

AMENDING ELEMENTS OF THE COMPREHENSIVE PLAN RELATING TO IMPLEMENTATION OF THE NORTH BETHANY SUBAREA PLAN OF THE BETHANY COMMUNITY PLAN

Presented by: Andrew Singelakis, Director, Land Use & Transportation

Alan Rappleyea, County Counsel SUMMARY: On October 25, 2011, the Board adopted A-Engrossed Ordinance No. 739, amending the Washington County Comprehensive Plan to continue implementation of the North Bethany Subarea Plan. At that time, the Board also authorized filing a new land use ordinance in 2012 to address outstanding placeholder issues that were identified in 2010 and 2011 hearings. Ordinance No. 744 responds to some of those placeholder issues. Ordinance No. 744 includes amendments to the North Bethany Subarea Plan (Chapter 2 of the Bethany Community Plan), the 2020 Transportation Plan, the Comprehensive Framework Plan for the Urban Area, and the Community Development Code. Ordinance No. 744 is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/LUT/Divisions/LongRangePlanning/2012-land-use-ordinances.cfm The North Bethany Subarea is located north of Springville Road and east of 185th Avenue. The Subarea consists of properties added to the Urban Growth Boundary in 2002 and PCC Rock Creek Campus. (See map of the affected area on page 2.) (continued) Consistent with Board policy, testimony about the ordinance is limited to three minutes for

individuals and twelve minutes for a representative of a group.

DEPARTMENT’S REQUESTED ACTION:Read Ordinance No. 744 by title only and conduct the first public hearing. At the conclusion of the hearing, direct engrossment of the ordinance to include the changes described in the staff report. Continue the hearing to April 17 and April 24, 2012 and direct staff to prepare and mail notice of the amendments consistent with requirements of Chapter X of the County Charter.


I concur with the requested action.


100-601000 Date: 03/20/12

17

PROPOSED ORDINANCE NO. 744 – AN ORDINANCE AMENDING ELEMENTS OF THE COMPREHENSIVE PLAN RELATING TO IMPLEMENTATION OF THE NORTH BETHANY SUBAREA PLAN OF THE BETHANY COMMUNITY PLAN BCC 03/20/12 The Planning Commission conducted a public hearing for this ordinance on March 7, 2012. The Planning Commission’s recommendation will be included in the staff report for the Board’s March 20 hearing. The staff report will be posted on the above land use ordinance web page prior to the hearing and copies of the report will also be available at the Clerk’s desk.

18

MINUTES


FEBRUARY 28, 2012

CONVENED: 6:31 p.m. BOARD OF COMMISSIONERS: Chair Andy Duyck Vice Chair Dick Schouten Commissioner Bob Terry Commissioner Greg Malinowski Commissioner Roy Rogers STAFF: Dan Olsen, County Counsel Rob Massar, County Administrative Office Sia Lindstrom, Sr. Deputy County Administrator Toby Harris, HHS Andrew Singelakis, Director, LUT Diane Taniguchi-Dennis, Deputy General Manager, CWS Jerry Linder, Chief Legal Counsel, CWS Kathleen O’Leary, HHS, Administration Jim Thiessen – Audiovisual Technician Mark Jockers, Clean Water Services Terra Lovelin, Recording Secretary PRESS: None. 1. CONSENT AGENDA Chairman Duyck announced that item 1.b was to be pulled from the consent agenda and to be under consideration at a later date. A motion was made to approve the Consent Agenda as amended. Motion – Rogers 2nd – Terry Vote: 5-0 CLEAN WATER SERVICES

19

1.a. CWS MO 12-13 Accept Construction of Hillsboro WWTF Aeration Basin Modifications Project No. 6526 and Release Retainage to Stettler Supply Company (CPO 9) 1.b. CWS MO 12-14 Award Contract to Construct the Kahneeta/Springville Sanitary Sewer Connection Project No. 6485 to the Lowest Responsible Bidder (CPO 7) 1.c. CWS MO 12-15 Approve First Amendment to Contract for Landscape Maintenance Services with Portland Habilitation Center, Inc. (CPO 4K) LAND USE AND TRANSPORTATION 1.d. MO 12-41 Execute Deed Dedicating County-Owned Property to the Public as Right-of- Way for the Bethany Boulevard/West Union Road to Bronson Road Project (CPO 7) 1.e. RO 12-14 Vacate Portions of Public Utility Easements in Brackney Estates (CPO 6) 1.f. MO 12-42 Execute Quitclaim Deed for Transfer of the County-Owned Stud Pole and Guy Anchor Easement to the Bonneville Power Administration for the David Hill Road Extension Project (CPO 9) 1.g. RO 12-15 Vacate Portions of a Public Utility Easement, a Public Pedestrian and Bicycle Access Easement, and an Emergency Vehicle Access Easement (CPO 6) 1.h. MO 12-43 Execute Deed Dedicating County-Owned Property to the Public as Right-of- Way for the Scholls Ferry Road at Fanno Creek Bridge Replacement Project (CPO 3) SUPPORT SERVICES

20

1.i. MO 12-44 Approve Amendment to Collective Bargaining Agreement Between Washington County and AFSCME Council 75 Adding Residential Mental Health Specialist Classification and Establishing Its Pay Range 2. ORAL COMMUNICATION None. 3. PUBLIC HEARING 3.a. RO 12-13 Approve Resolution & Order Adopting an Amendment to the Fiscal Year 2011-12 County Fee Schedule for Temporary Restaurant Licensing Public Hearing opened at 6:32 p.m. Kathleen O’Leary stated this amendment would revise the fees charged for licensing and inspection of temporary restaurants. She added that House Bill 28689 amended ORS 624 creating new temporary licensing categories and the extension of time the licenses are valid. She said the staff is recommending fees that will cover the full costs of providing licensing and food safety inspection services at temporary licensees that are for profit and reduced fees for benevolent organizations. Miss O’Leary outlined the new license categories as follows:

1. Single Event Temporary Restaurant License – up to 30 days 2. Intermittent Temporary Restaurant License – up to 30 days 3. Seasonal Temporary Restaurant License – up to 90 days

She said that benevolent organizations would be charged 50% of the fees charged for Intermittent and Seasonal Temporary Restaurant License. She added that by law, Single Event Temporary Restaurant licenses may only be charged an administrative fee for benevolent organizations. She concluded that these fees would replace current temporary licensing categories in the new fee schedule. Public Hearing closed at 6:35 p.m. It was moved for adoption of the Resolution & Order approving amendments for the Fiscal Year 2011-12 County Fee Schedule for Temporary Restaurant Licensing as outline in Exhibit A Motion – Schouten 2nd – Malinowski

21

Vote – 5-0 4. ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) Joe Rayhawk, 15248 NW Germantown Road, Portland, OR 97231, stated that in 2011 the Oregon Department of Agriculture produced a report that contrasted the relative value on impacts of active farms vs. urbanized areas. He said the report showed that farms contribute substantially in the form of taxes and the likelihood was their contribution would grow. He added that infrastructure needs per unit area of farms is about six times that of urban areas. He summated that it seemed the urban areas were not paying for themselves. Mr. Rayhawk stated the county infrastructure has increased from 2 billion dollars in 2008 to 3 billion now and that the annual deficit is about 3 million per year. He said because the majority of the infrastructure needs are due to urban needs, it shows the urban areas are not paying for themselves. He added that because of the high unemployment rate and high foreclosure rate has resulted in a depressed market of current homes. Mr. Rayhawk then said that building new homes leads to lower prices for existing homes which has an affect on a number of areas including retirees having to delay moving into retirement homes. He summarized by asking the Board of Commissioners to discourage all new housing developments until signs of real job growth in the county materialized. He then asked if the Board would devote their limited resources to attracting new employers. Finally he asked the Board to charge new development 100 percent of the development charges as the citizens voted for several years ago and asked that they look into the many facts he cited. Commissioner Malinowski clarified that what the voters actually approved was 28 percent and not 100 percent recovery. Mr. Rayhawk said the 300 new homes each year look like a $30,000 discount for each new home which is about 10 millions dollars. He said that is only a fraction of the 300 million dollar deficit, but an important fraction. 5. BOARD ANNOUNCEMENTS Chair Duyck announced the next meeting will be March 6, 2012 at 10:00 a.m. 6. ADJOURNMENT: 6:42 p.m. Motion – Rogers 2nd – Schouten Vote – 5-0

22

MINUTES APPROVED THIS ____ DAY _____________________________ 2012 _______________________________ __________________________________ RECORDING SECRETARY CHAIRMAN

23


24

MINUTES


MARCH 6, 2012

CONVENED: 10:06 a.m. BOARD OF COMMISSIONERS: Vice Chair Dick Schouten Commissioner Bob Terry Commissioner Greg Malinowski Chair Andy Duyck and Commissioner Roy Rogers are in Washington D.C. on county business. STAFF: Alan Rappleyea, County Counsel Rod Rice, County Administrative Office Sia Lindstrom, Sr. Deputy County Administrator Dennis Mulvihill, County Administrative Office Robert Davis, County Administrator Andrew Singelakis, Director, LUT Bill Gaffi – Clean Water Services Diane Taniguchi-Dennis, Deputy General Manager, CWS Jim Thiessen – Audiovisual Technician Margot Barnett – Extension Service Terra Lovelin, Recording Secretary PRESS: Dana Tims, The Oregonian 1. CONSENT AGENDA Vice Chair Schouten announced a revision to item 1.c and stated the contract for the Minor Betterment Project was awarded to Dow Bros. Inc. in the amount of $230,543.89. He also mentioned that item 1.g. for Clean Water Services awarded the bid for the Kahneeta/Springville Sanitary Sewer Connection Project No. 6485 to NW Kodiak Construction, LLC in the amount of 344,511.25. He said the last item that amends the consent agenda is item 1.b to award the bid to Jeff Carter Construction in the amount of $561,644.25 for the Meacham Road Bridge at East Fork Dairy Creek Project.

25

A motion was made to approve the Consent Agenda as amended. Motion – Malinowski 2nd – Terry Vote: 3-0 APPROVAL OF MINUTES February 21, 2012 CLEAN WATER SERVICES 1.a. CWS MO 12-16 Award Contract To Construct The Rock Creek Operation And Maintenance Facility Project No. 6482 To JWC, LLC A LLC Of Washington (CPO 9) LAND USE AND TRANSPORTATION 1.b. MO 12-46 Approve Bid Award, Execute Contract, and Authorize for Construction of Improvements to Meacham Road Bridge at East Fork Dairy Creek (CPO 8) 1.c. MO 12-47 Approve Bid Award And Execute Contract For The 2012 Minor Betterments Project HEALTH AND HUMAN SERVICES 1.d. MO 12-48 Grant Waiver and Authorization to Contract with Oregon Family Support Network to Provide Peer Support Services SUPPORT SERVICES 1.e. MO 12-49 Authorize Lease Agreement with Kim Lomas, DBA, Lomas Financial Services, Inc, 221 S First Avenue, Hillsboro (CPO 9)

26

1.f. RO 12-16 Amend the 2011-12 Washington County Pay Plan to Move the Classification of Animal Services Supervisor from the Nonrepresented Compensation Plan to the MAPPS Compensation Plan. OFF DOCKET – CLEAN WATER SERVICES 1.g. CWS MO 12-17 Award Contract to Construct the Kahneeta/Springville Sanitary Sewer Connection Project No. 6485 to the Lowest Responsible Bidder. 2. ORAL COMMUNICATION Darla Castagno, 15175 NW Perimeter Dr., Beaverton, OR, said she’s lived in Oak Hills for 42 years. She offered copies of mid-century era architecture and design showing the present trend country-wide to preserve planning and construction history. She cited from this document an example of the town of Sunnyvale, California and the induction of design guidelines in that community on how to restore homes in that area to the historical period and gave the commissioners the web address for more information. Miss Castagno said the mentality is not to bulldoze properties in the future, but to preserve for future generations to experience. She said the Oak Hills Community is a great example of mid-century era historic district not only for the county but the state of Oregon and Pacific Northwest. She shared that herself and many others feel the Bethany Boulevard Project will be a negative impact on the Oak Hills Historic District. She asked the commissioners to read the packet she presented and reconsider their decision. She concluded saying it’s not politics, but history. 3. PROCLAMATION 3.a. MO 12-45 Proclaim March 2012 as “Developmental Disabilities Awareness Month” in Washington County Executive Director for the ARC of Washington County, Cathy Schaefer read a letter from Mr. Maurice Carter and Frank Disco wrote. She also presented a framed poster and a shirt that said, “Imagine Workforce Inclusion For All” to commemorate Disability Awareness Month. Vice-Chair Schouten accepted the poster. Terra Lovelin read the proclamation.

27

Vice-Chair Schouten thanked ARC, Mr. Carter and Mr. Disco who presented the shirt and poster. Commissioner Terry stated it takes a lot of work to do the work they do and thinks there should be more fanfare for such a great work. He said he feels the disabilities part of our country in general is overlooked and not given the due diligence. He added he appreciates their efforts and will find an appropriate place for it to be displayed and thanked them. Commissioner Malinowski also expressed his appreciation for all they do, for being part of the community, and providing the services they do. Motion – Terry 2nd – Malinowski Vote – 3-0 OFF DOCKET – COUNTY COUNSEL MO 12-50 Ee. V. Washington County Settlement – issue a $50.000 from the casualty fund to settle this claim. Alan Rappleyea, County Counsel stated this is a settlement of a long running litigation involving other counties and is a mutual settlement through a mediator process with a federal judge. Vice-Chair Schouten expressed his thanks to Bill Blair and counsel for their legal work. Motion – Terry 2nd – Malinowski Vote – 3-0 4. ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) Tom Black, 870 NW Garibaldi St., Hillsboro, OR, 97124, said he is addressing the Barn Dance he organized last year and the proposal he handed out to the commissioners in February. He stated it’s a $5,000 event and last year he funded it through private donations because the Fair Board didn’t have the budget to fund an event of this type. He then handed the flyer of the event to the commissioners and shared he does his own advertising. Mr. Black shared this is a community event which advocates building bridges back to community. He said his concern is that the Fair Board is meeting tomorrow in which he is presenting this idea. He had alerted them to this event last month and the costs involved. He stated he is asking for them to fund the event this time. He advocated that the concept and tradition are there with this event. He went on to explain the specifics of the event and

28

how it brings community together including not only dancing but a pig scramble for the kids. He said they had about 300-400 people at the event last year. Mr. Black stated the Fair Board had a meeting following their regular meeting committing $125,000 in their draft budget towards a one night event on a Friday night for a Nickelodeon star. He stated his concern was they didn’t do well with big named events last year and lost about $50,000-$60,000. He said he doesn’t see the direction they are going with putting up large amounts of money, especially in this economy. Mr. Black said his main concern is in reference to a 501C3 Corporation the Fair Board is moving ahead with at their meeting tomorrow. He said there is a flyer of a fundraiser they are holding in May to create the corporation. He said it was within the Fair Boards realm to explore creating a 501C3 but not to proceed on such an act. He stated it’s the Commissioners responsibility to create entities within the county and not the Fair Boards. He said in their vote it shows they voted to create it but in actuality he said they voted to explore it with an attorney and their minutes were not depicting an actual reflection of the vote and going outside the boundaries of the MOU. Mr. Black then asked the Commissioners to ask the Fair Board to cease and desist with this action at this time because the action is wrong in their realm of authority. He said if there is going to be a group called, The Friends of the Fair, then it should be a collaborative discussion with the community and not just the Fair Board. He then added he was concerned his event would not get funded once they approve their draft budget that includes the $125,000 for the one-time event. He invited the Commissioners to the Barn Dance event if it gets funded. Commissioner Terry said he would ask county counsel regarding the legality of the issue of the 501C3 with the Fair Board and see if they are within the bounds of what they can do. Mr. Black asked if they would keep the Fair Board within the bounds of what they can and can not do which is the purpose of the MOU. Commissioner Malinowski said that if they can afford $125,000 for a Fair Event, they can provide $5,000 for a community organized event. Mr. Black said at the special meeting they held outside of their regular meeting seemed to be very irregular to vote on a one-time costly event when they can be using that money for something more constructive. Vice-Chair Schouten said they want to balance and provide oversight to what’s going on at the Fairgrounds but don’t want to micromanage on each of the actions. He said he would be getting advice from county counsel and Rod Rice and others on this issue as to what the appropriate balance is between the Fair Board and the Commissioners oversight.

29

5. BOARD ANNOUNCEMENTS Vice Chair Schouten announced the next meeting will be an extended work session to be held on March 13, 2012 at 8:30 a.m. in room 144. 6. ADJOURNMENT: 10:30 a.m. Motion – Terry 2nd – Malinowski Vote – 3-0 MINUTES APPROVED THIS ____ DAY _____________________________ 2012 _______________________________ __________________________________ RECORDING SECRETARY CHAIRMAN

30


Date: 03/20/12

AGENDA CLEAN WATER SERVICES

BOARD OF DIRECTORS

Agenda Category: Consent CPO 9

Agenda Title:

ACCEPT CONSTRUCTION OF THE REMODEL OF THE FIELD OPERATIONS YARD PROJECT NO. 6470 AND RELEASE RETAINAGE TO CEDAR MILL CONSTRUCTION COMPANY

Presented by: Bill Gaffi, General Manager (rjs)

SUMMARY (Attach supporting documents if necessary)

On May 17, 2011, by Minute Order No. 11-48, Clean Water Services (District) Board of Directors (Board) awarded a Construction Manager/General Contractor (CM/GC) contract to remodel the building interior of the Field Operations Yard under Project No. 6470 (Project) to Cedar Mill Construction Company (Cedar Mill). The Project included converting the space previously leased by TriMet into crew and meeting rooms, expanding the large conference room, and modifying the restrooms to create a new women’s locker room.

Under the CM/GC contract format, Cedar Mill’s work was broken into phases: a preconstruction services phase and a construction services phase. In the preconstruction services phase, Cedar Mill worked with District staff and the architect to resolve final design issues. Once the design was completed, Cedar Mill provided construction services including bidding out the actual construction work and managing and overseeing the subcontractors performing the work on the Project.

District agreed to pay Cedar Mill for the actual cost of the work, plus a contractor’s fee of 9.8 percent of the cost of the work, in an amount not to exceed $184,675.

(continued) Attachment: Exhibit A – Post-Project Evaluation Report REQUESTED ACTION Accept construction of the Project and authorize release of retainage to Cedar Mill Construction Company in the amount of $9,702.57.

31

2

ACCEPT CONSTRUCTION OF THE REMODEL OF THE FIELD OPERATIONS YARD PROJECT NO. 6470 AND RELEASE RETAINAGE TO CEDAR MILL CONSTRUCTION COMPANY BCC 03/20/12 There were six low dollar change orders totaling $9,377 for modifying the plumbing, electrical and other fixtures in the existing building. All Project work is complete and in conformance with the contract. There are no outstanding claims or other issues in connection with the Project. The final construction cost is $194,051.49. The final construction cost represents an increase of $9,376.49 (5.1 percent) from the original contract amount.

District Purchasing Rule 40-520(3) requires the District to prepare and deliver to the Board, a formal post-project evaluation of Public Improvement projects in excess of $100,000, for which an alternative competitive process was used. The purpose of this evaluation is to determine whether it was actually in the District’s best interest to use an alternative contracting method. The Post-Project Evaluation Report is attached as Exhibit A.

32

3

Exhibit A

Remodel of the Field Operation Yard Project No. 6470

Post-Project Evaluation Report

This post-Project evaluation report for the remodel of the Field Operations Yard Project No. 6470 (Project) is submitted as required by District Purchasing Rule 40-520(3).

Project Description The Project included converting the space previously leased by TriMet into crew and meeting rooms, expanding the large conference room, and modifying the restrooms to create a new women’s locker room. The Board approved MO 11-9 at a Public Hearing on January 25, 2011 exempting the Project from competitive bid process under District Purchasing Rule 40-010. Project Financial Summary Original Estimate $ 184,675.00 Number of Change Orders 6 (5 with monetary impact) Change Order Total $ 9,376.49 Final Project Cost $ 194,051.49 Evaluation of Design, Engineering and Construction Successes and Failures The Project was implemented using a “Construction Manager/General Contractor” (CM/GC) format. The contractor was selected through an RFP process based on their expertise on similar building remodel projects. Under this contract format, Cedar Mill Construction Company (Cedar Mill) was selected prior to the completion of the design so that they could participate with District staff and the architect in resolving final design issues. Using the typical low bid method can lead to higher design costs, an over-reliance on change orders, and greater administrative effort and costs. On this project, using the RFP selection process eliminated the need and cost to create detailed design drawings, which can be expensive for small remodel projects in proportion to construction cost. Involving the contractor early in the Project brought real-world construction expertise to the design to create a better product at a lower price. It also reduced the likelihood of costly change orders by fostering collaboration of the design architect and contractor. Change orders on the Project were very low. Once the general contractor was selected, subcontractors were selected using low bid procedures without the administrative cost of full public bidding. In this manner, the District received the benefit of the competitive market place with less administrative cost. District used the same advertising venues used for a conventional bidding process so that the alternative contracting method reached the same market.

33

4

Evaluation of Project Against Original Public Hearing Findings The Findings included in MO 11-9 and the evaluation of the Project against those Findings follows: Finding 1: Exemption is unlikely to encourage favoritism in the awarding of public contracts or

substantially diminish competition for public contracts, and further finds that the exemption will

likely result in substantial cost savings. Under MO 11-48 in May 2011, the Board awarded the CM/GC Project to Cedar Mill in the amount of $9,310 plus 9.8% of the construction amount. Cedar Mill was selected based on an RFP process in order to find a contractor with the specific experience necessary for this type of remodel project. The RFP was publicly advertised and there was no limit on the number of proposals that could be submitted, therefore there was no diminished competition. Cedar Mill submitted an excellent proposal and their references were outstanding. District had no previous experience with Cedar Mill. Each of the sub-contractors was selected through a low-bid process to ensure competitive pricing. Finding 2: The award of the Public Improvement Contract under the exemption will likely result in

substantial cost savings to the District based upon the justification and information in ORS

279C.330.

Cost savings were achieved in several ways by using the CM/GC format. The CM/GC format allowed the general contractor to be selected before the design phase was completed, which allowed them to collaborate in finalizing of the plans with District staff and the Project architect. The general contractor was able to bring their expertise and experience in practical construction techniques to develop optimum solutions to various design challenges. The CM/GC process resulted in savings by avoiding the costs associated with preparing a standard “low bid” method based on bid items and quantities. The Project architect estimated it would be very costly to develop a “standard” bid package since much of the work in a “remodel” job is unknown at the time of design, with the full extent of the work being discovered only when walls and floors are opened up during construction. In addition, the Project architect suggested that the CM/GC process would likely reduce the number and dollar amount of change orders by avoiding the unit price method. Actual change orders totaled only 5.1% which was very low for this type of remodel project. The CM/GC process also resulted in a faster Project and less disruption to the Field Operations staff that was occupying the adjacent office space during construction. Finally, each of the sub-contractors was selected through a low-bid process to ensure competitive pricing.

34


BOARD OF DIRECTORS

Agenda Category: Consent ALL CPO's

Agenda Title: ADOPT AMENDMENTS TO PAY PLAN FOR NON-REPRESENTED EMPLOYEES

Presented by: Bill Gaffi, General Manager (rr) SUMMARY (Attach Supporting Documents if Necessary) Clean Water Services' (District) Human Resources staff has reviewed and completed a classification and compensation analysis of one position which would result in a change to the District’s Pay Plan. The District’s General Manager is recommending that the Board adopt the changes to the Pay Plan for NonRep7 as outlined below. These actions provide for the redesignation of a Record Mapping Specialist to a GIS Analyst (Exhibit B). These proposed changes are reflected in the District’s Pay Plan for NonRep7 (Exhibit A). This redesignation reflects the District’s need to analyze and optimize the data within the GIS Enterprise System in order to increase our efficiency, accuracy, and productivity in sanitary and storm sewer record mapping. This action will not result in an increase in the number of full-time equivalent positions. Attachment: Exhibit A – Change to District’s Pay Plan for NonRep7 Exhibit B – GIS Analyst

REQUESTED ACTION: Adopt amendments to the Pay Plan for Non-Represented employees. Redesignate one existing Record Mapping Specialist ($52,975.50 - 72,841.32) to a GIS Analyst Range 7 ($64,521 - $88,717).

Agenda Item No. 1.b.

Date: 03/20/12

35

EXHIBIT "A"

Non-Represented Employees Salary Schedule FY 2011 - 2012

Grade Job Minimum

Market Point (60th)

Award Point

NonRep7 Communications Supervisor $64,521 $80,652 $88,717 Control Systems Analyst $64,521 $80,652 $88,717 Facilities Maintenance & HVAC Supervisor $64,521 $80,652 $88,717 Field Construction/Maintenance Supervisor $64,521 $80,652 $88,717 Field Engineer - Electrical $64,521 $80,652 $88,717 Fleet and Purchasing Coordinator $64,521 $80,652 $88,717 GIS Analyst $64,521 $80,652 $88,717 Inspection Program Manager $64,521 $80,652 $88,717 Laboratory Systems and QA/QC Coordinator $64,521 $80,652 $88,717 Maintenance Management System Analyst $64,521 $80,652 $88,717 Mechanical Maintenance Supervisor $64,521 $80,652 $88,717 Plan Reviewer $64,521 $80,652 $88,717 Public Involvement Coordinator $64,521 $80,652 $88,717 Senior Human Resources Analyst $64,521 $80,652 $88,717 Water Resources Project Manager $64,521 $80,652 $88,717

36

EXHIBIT “B” GIS ANALYST

GENERAL STATEMENT OF DUTIES: Performs professional level GIS support for District staff and partner cities. Creates, updates, and maintains maps, layers, and data. Proficient with GIS analytical tools to perform analysis and provide reports. SUPERVISION RECEIVED: Receives general direction from the Permit/Mapping Supervisor. SUPERVISION EXERCISED: Supervision is not normally a responsibility of this classification. ESSENTIAL FUNCTIONS: (The essential functions listed below are not intended to reflect all duties that may be assigned to this classification. The District may augment duties and/or essential functions at its discretion. Additionally, some incumbents may not perform all Essential Functions.) 1. Performs spatial analysis using GIS tools and applications; develops and maintains data

layers, and provides options based on analysis.

2. Performs geodatabase management tasks related to the integration of external GIS information to the District’s enterprise GIS.

3. Prepares custom maps in accordance with District cartographic standards.

4. Analyzes existing GIS workflow processes to increase functionality and efficiency;

documents processes.

5. Coordinates with Information Systems to test and troubleshoot GIS software and patches. 6. Serves as GIS technical resource to District staff and other government agencies. QUALIFICATIONS FOR ENTRY: KNOWLEDGE OF: GIS desktop applications, spatial analysis, computer software, principles and practices of project management; advanced principles of data management and control, geodatabase design and principles, mapping and cartography; understand and interpret pertinent policies, procedures, laws, and regulations;. SKILL IN: gathering, analyzing, and interpreting technical data to form accurate conclusions; documentation; use of computers and computer software including word processing, spreadsheets, database design and management, GIS analysis and mapping applications.

37

ABILITY TO: utilize GIS analytical tools and applications to increase functionality of existing software, perform analysis of spatial and tabular data; document programs and procedures, produce clear and effective reports, establish and maintain effective working relationships with those contacted in the course of work including a variety of District and other government officials; operate effectively in a team environment; communicate technical concepts clearly and concisely, both orally and in writing.

Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledges, skills, and abilities is qualifying. A typical way to obtain the KSAs would be: Increasingly responsible experience in geographic information systems, planning, computer technology, geodatabase management, engineering, cartography or a related field. College course work in geographic information systems, geography, information systems, planning, or a related field.

38

Agenda Item No. 1.c.

Date: 03/20/12


BOARD OF DIRECTORS

Agenda Category: Consent CPO 9

Agenda Title:

APPROVE SIXTEENTH AMENDMENT TO MASTER CONTRACT FOR PROFESSIONAL SERVICES WITH CAROLLO ENGINEERS, INC. FOR THE ROCK CREEK ADVANCED WASTEWATER TREATMENT FACILITY OPERATIONS AND MAINTENANCE BUILDING PROJECT NO. 6482

Presented by: Bill Gaffi, General Manager (tr) SUMMARY

Carollo Engineers, Inc. (Carollo) will provide services during construction for the Rock Creek Advanced Wastewater Treatment Facility Operations and Maintenance Building Project No. 6482 (Project) that include contract administration, submittal review, architectural, structural, mechanical, and electrical engineering and interior services during construction of all improvements performed as part of the Project.

The Project consists of building demolition, additions, improvements, exterior and interior finish materials, structural, mechanical, plumbing, electrical, communication and site civil improvements for complete renovation and upgrade of the existing Maintenance Building to expand it into a combined Operations and Maintenance Facility.

On December 15, 2009, the Board of Directors of Clean Water Services awarded a Master Contract for Professional Services for Wastewater Treatment Plant Engineering (Master Contract) to Carollo by Minute Order No. 09-118. The Sixteenth Amendment to the Master Contract will allow Carollo to provide services during construction for the Project.

REQUESTED ACTION

Approve the Sixteenth Amendment to the Master Contract for Professional Services with Carollo Engineers, Inc. for the Project in the amount of $497,249.

(A copy of the Amendment is available at the Clerk’s desk.)

39


40

Agenda Item No. 1.d

Date: 03/20/12

AGENDA

CLEAN WATER SERVICES BOARD OF DIRECTORS

Agenda Category: Consent CPO: 4M

Agenda Title:

AWARD CONTRACT TO SOLARCITY CORPORATION TO PURCHASE ELECTRICITY GENERATED BY A SOLAR ARRAY TO BE CONSTRUCTED AT THE DURHAM WASTEWATER FACILITY

Presented by: Bill Gaffi, General Manager (nc)

SUMMARY (Attach supporting documents if necessary)

Wastewater treatment requires large quantities of energy for pumping, biological treatment and other needs. Approximately three percent of total U.S. electricity consumption is used in the municipal water and wastewater sector, and between one-quarter and one-half of the electricity used by most cities is consumed at municipal water and wastewater treatment plants. With the aim of reducing environmental impacts and Clean Water Services (District) exposure to rate increases, the District adopted an energy policy which calls for maximizing renewable energy use in a cost effective manner. This policy was approved by District’s Board of Directors on June 16, 2009.

To further its efforts to use more renewable energy, the District issued a request for proposals (RFP) for a solar energy project to be located on approximately two acres of undeveloped land at the Durham Wastewater Treatment Facility. The RFP specified that the project was to be 400 kilowatts, that the project would be owned and maintained by the project developer, and that the District would purchase the energy produced by the project. This approach was selected because the feasibility of solar energy projects depends on the project owner receiving federal tax credits and accelerated depreciation. As a government entity, the District is not eligible to receive these benefits.

(continued)

REQUESTED ACTION

Award a contract in the amount of $524,238 to SolarCity Corporation, the highest scoring proposer, to purchase electricity generated by a 403 kilowatt solar project to be built at the District’s Durham Wastewater Treatment Facility.

41

AWARD CONTRACT TO SOLARCITY CORPORATION TO PURCHASE ELECTRICITY GENERATED BY A SOLAR ARRAY TO BE CONSTRUCTED AT THE DURHAM WASTEWATER FACILITY BCC 03/20/2012 The District received proposals from SolarCity Corporation (SolarCity) and InSpec Group. The proposals were evaluated on the basis of contract terms, developer experience, work plan, preliminary project schematic, and price. SolarCity received the highest score and submitted the lowest price.

Under the terms of the contract, the District will pay $524,238 for the energy. The District will receive an incentive payment of $302,250 from the Energy Trust, and this will result in a net cost of $221,988. The project will produce an estimated 455,200 kilo-watt hours of electricity during its first year, which is about two percent of the total electricity used at the Durham facility. The project will pay for itself through foregone energy purchases from PGE within seven years. This means that during years eight through twenty the project will essentially provide electricity at no cost. Viewed another way, over the life of the project the electricity will cost the District approximately $.03 per kilo-watt hour. This compares favorably with the cost of PGE power, which is currently about $.06 per kilo-watt hour.

The District will receive the electricity produced by the project for 20 years, and SolarCity will own and maintain the solar generation equipment during that time. The District will have the option to purchase the equipment after years 6, 10, and 20 years. If the District decides not to purchase the equipment, SolarCity will remove the equipment and restore the site at the end of the contract period at no additional charge.

42

AGENDA


Agenda Category: Consent – LUT/Maintenance Local Improvement District (CPO 7) Agenda Title: APPROVE ESTABLISHMENT OF A ROAD MAINTENANCE

LOCAL IMPROVEMENT DISTRICT (MLID) FOR ARBOR LAKES 4A AKA ARBOR LAKES 5

Presented by: Andrew Singelakis, Director - Department of Land Use & Transportation SUMMARY (Attach Supporting Documents if Necessary)

The Board, by Resolution and Order No. 87-108, required that as a condition of development approval, a road Maintenance Local Improvement District (MLID) be formed with the final platting of any subdivisions initiated after May 19, 1987. A feasibility report was prepared for this MLID that establishes a base annual assessment of $953.91 or $35.33 per lot with a maximum annual assessment of $1907.82 or $70.66 per lot. However, with the passage of the Urban Road Maintenance District (URMD) in 1994, these charges will not be assessed. As required by Resolution and Order No. 87-108, MLIDs and their assessments are established for administrative purposes with assessments only initiated should the URMD expire.

A petition and waiver of the right to remonstrate (oppose) the formation of an MLID has been received for the following subdivision, in accordance with Resolution and Order 87-108. Proposed assessments are as follows:

Maximum Annual Assessment

(continued) No. Lots Per Lot Total ARBOR LAKES 4A AKA ARBOR LAKES 5

27 $70.66 $1907.82

Attachments: 1. Resolution and Order 2. Assessment and Vicinity Map-Exhibit A 3. Petition-Exhibit B 4. Waiver-Exhibit C 5. Feasibility Report-Exhibit D 6. Assessment Roll-Exhibit E

DEPARTMENT’S REQUESTED ACTION:

Approve the attached Resolution and Order (1) initiating and establishing the MLID, (2) approving the feasibility report, and (3) imposing, but not levying, a maximum annual assessment.



Agenda Item No. 1.e.

Program Code: 168-606005 Date: 03/20/12

43

APPROVE ESTABLISHMENT OF A ROAD MAINTENANCE LOCAL IMPROVEMENT DISTRICT (MLID) FOR ARBOR LAKES 4A AKA ARBOR LAKES 5 BCC 03/20/12 As the Board is aware, MLIDs and their assessments will continue to be established for administrative purposes only. There will be no assessments during the life of the Urban Road Maintenance District unless otherwise ordered by the Board.

44

RESOLUTION AND ORDER R&O 2000 Creation & Assessment 100% Waiver\4-2000\de

WASHINGTON COUNTY COUNSEL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

IN THE BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON In the Matter of Receiving a Petition, Approving ) a Feasibility Report, Establishing a Road ) RESOLUTION AND ORDER Maintenance Local Improvement District (MLID) ) and Authorizing the Proposed Work, Imposing a ) NO Maximum Annual Assessment, Receiving an ) Assessment Roll for, but not Limited to, ) Maintenance and Repair of Local Public Streets ) Serving ARBOR LAKES 4A AKA ARBOR ) LAKES 5 )

This matter having come before the Board at its meeting of March 20, 2012: and

It appearing to the Board that a petition, a waiver of the right to remonstrate (oppose)

the formation of a road Maintenance Local Improvement District (MLID), together with the

proposed work and assessment of costs, a feasibility report, and an assessment roll for an MLID

for, but not limited to, the maintenance and repair of local public streets serving ARBOR

LAKES 4A AKA ARBOR LAKES 5 subdivision have been filed as set forth in the

Washington County Code (WCC) Chapter 3.20; and

It appearing to the Board that the location of the proposed MLID is shown on the

Assessment Map, attached hereto and marked Exhibit A; and

It appearing to the Board that 100% of the property owner(s) signed said petition,

attached hereto and marked Exhibit B, as shown on the affidavit on file; and

It appearing to the Board that a waiver of the right to notice, hearing, and remonstrance

(opposition) regarding the formation of the MLID together with the proposed work and

assessment of costs was signed by 100% of the property owner(s) within the proposed MLID at

45


WASHINGTON COUNTY COUNSEL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

the time of MLID formation, and that this waiver was recorded and runs with the land such that

all present and subsequent owners are on notice and bound thereby; and

It appearing to the Board that the feasibility report, attached hereto and marked Exhibit

D, confirms the feasibility of the petitioned for work, to wit: to, among other functions, maintain

and repair local public streets serving ARBOR LAKES 4A AKA ARBOR LAKES 5

subdivision; and it appearing that such report should be approved as submitted and adopted; and

It appearing to the Board that a program of, but not limited to, maintenance and repair

of the local public streets is necessary and that a maximum annual assessment of $70.66 per lot

should be imposed as the amount considered the maximum necessary for the annual work

thereof; and

It appearing to the Board that, pursuant to WCC Section 3.20.160 the proposed

assessment roll, attached hereto and marked Exhibit E, has been filed with the Board; and

It appearing to the Board that all property owners received notification of the time and

place that the Board would consider establishment of the said MLID and impositioned maximum

annual assessments, as shown on the notification letter on file; and

It appearing to the Board that it is appropriate to establish the MLID, in conformance

with WCC Chapter 3.20; now, therefore, it is hereby

RESOLVED AND ORDERED that the petition is hereby received and that the

feasibility report is hereby approved, accepted and adopted; and it is further

RESOLVED AND ORDERED that the proposed MLID as described in the feasibility

report is hereby established; and it is further

46


WASHINGTON COUNTY COUNSEL 155 N. FIRST AVE, SUITE 340

HILLSBORO, OR 97124 PHONE (503) 846-8747 - FAX (503) 846-8636

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

RESOLVED AND ORDERED that the maximum annual assessment for all functions

proposed in this MLID shall be $70.66 for each lot that the assessment roll described in Exhibit

E is approved and the assessment imposed but not levied; and it is further

RESOLVED AND ORDERED that the Board may levy annual assessments within the

maximum at such point in the future as it deems necessary.

Dated this 20th day of March 2012.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON ____________________________________ Chairman ____________________________________ Recording Secretary

47

FEASIBILITY REPORT

ARBOR LAKES 4A AKA ARBOR LAKES 5

ROAD MAINTENANCE LOCAL IMPROVEMENT DISTRICT PROJECT DESCRIPTION The road maintenance local improvement district (MLID) provides for ongoing maintenance and repair of local streets serving the ARBOR LAKES 4A AKA ARBOR LAKES 5 subdivision. Road maintenance may include but is not limited to the following activities: patching, fog seals, crack seals, sweeping/flushing, and traffic control. ASSESSMENT MAP An assessment map (Exhibit A) has been prepared showing the location of the local streets to be maintained and showing the boundary of the proposed MLID. All parcels within this boundary are specially benefited from the maintenance of these streets. ASSESSMENT METHOD The equal parcel method of assessment is recommended for this MLID. ASSESSMENTS

Total Cost Total Assessment

Per Lot Assessment

Maximum Annual Assessment $1907.82 $1907.82 $70.66 (27 lots) The maximum annual assessment allows for unanticipated maintenance conditions in future years. ASSESSMENT ROLL An assessment roll (Exhibit E) has been prepared containing a description of each parcel to be assessed by the MLID, the names of owners or reputed owners thereof, and a maximum annual assessment. RECOMMENDATION The MLID as described above is found to be feasible and should be established.

EXHIBIT D Page 1 of 1

55

ASSESSMENT ROLL ARBOR LAKES 4A AKA ARBOR LAKES 5

ROAD MAINTENANCE LOCAL IMPROVEMENT DISTRICT MAXIMUM ANNUAL ASSESSMENT

Tax Lot Property Owner/Address Legal Description Lot Total 1N117C-00600 1N118DA- 11800, 11900

Bethany Oaks I LLC 735 SW 158th Avenue Beaverton OR 97006

ARBOR LAKES 4A aka ARBOR LAKES 5

$70.66 $1907.82

GW Land Acquisitions LLC 1075 West Columbia River Hwy Troutdale OR 97060

27 lots

* Map and Tax Lot Numbers will be established by the Department of Assessment and

Taxation/Cartography Division after plat is filed.

EXHIBIT E Page 1 of 1

56

February 29, 2012 Arbor Lakes, LLC 735 SW 158th Ave. Beaverton, OR 97006 RE: ARBOR LAKES 4A AKA ARBOR LAKES 5 - ROAD MAINTENANCE LOCAL

IMPROVEMENT DISTRICT A petition to create a Road Maintenance Local Im provement District (MLID) for the ARBOR LAKES 4A AKA ARBOR LAKES 5 subdivision has been received by this office. Accordingly, the Washington County Board of Commissioners will consider establishing the MLID at its regular meeting on March 20, at 10:00 a.m. A feasibility report has been prepared for this MLID which establishes a base annual assessment of $953.91 or $35.33 per lot and a m aximum annual assess ment of $1907.82 or $70.66 per lot. However, with the pass age of the Urban Road Maintena nce District ( URMD) in 1994, the se charges will not be asse ssed. MLIDs and their assessments w ill continue to be established for administrative pur poses only, with assess ments beginning upon expira tion of t he Urban Roa d Maintenance District, unless a si milar funding program is once again passed by t he voters of Washington County. The ARBOR LAKES 4A AKA ARBOR LAKES 5 subdivision MLID is scheduled to be placed on the Board's consent calendar, and normally will be routinely approved. If you wish to appear at the Board meeting and present comments, or i f you have any questions a bout MLIDs, please call Nancy Schmidt at (503) 846-7619. Sincerely, Gregory H. Clemmons, P.E. Operations Engineer GHC:cv c: Nancy Schmidt

c/file mlid/f ile

57


58

AGENDA


Agenda Category: Consent – Land Use and Transportation (CPO 3) Agenda Title: APPROVE AGREEMENT WITH CITY OF BEAVERTON FOR

CONSTRUCTION OF UTILITY UPGRADES WITH THE SW SCHOLLS FERRY ROAD BRIDGE REPLACEMENT PROJECT

Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: The SW Scholls Ferry Road bridge replacement project is part of the Major Streets Transportation Improvement Program (MSTIP 3C). The project will replace the bridge over Fanno Creek, located between Denney Road and Allen Boulevard. The new structure will be built above the 100 year flood plain and will be wide enough to accommodate two travel lanes, a center turn lane and bike lanes and sidewalks. The project will also include rebuilding the roadway approaches to the new bridge and installing upgraded roadway drainage and stormwater runoff treatment facilities. The City of Beaverton desires to include the construction of city utility improvements between Denney Road and Allen Boulevard with the SW Scholls Ferry Road bridge replacement project. The Agreement will regulate all activities that the County and City require to design and construct the utility improvements in coordination with the SW Scholls Ferry Road bridge replacement project. The City will fund the design and construction of the utility improvements. (continued) Attachments: 1. Vicinity Map

2. Intergovernmental Agreement 3. Typical 3-lane cross-section


Approve Agreement with City of Beaverton and authorize its execution upon completion of the County’s contract review process. \Projects\100089 Scholls Ferry Rd Bridge #1421\Agenda\IGA\100089 COB IGA Agenda.doc 02/29/12 COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.f.

168-605005 Date: 03/20/12

59

APPROVE AGREEMENT WITH CITY OF BEAVERTON FOR CONSTRUCTION OF UTILITY UPGRADES WITH THE SW SCHOLLS FERRY ROAD BRIDGE REPLACEMENT PROJECT BCC 03/20/12 City’s construction cost estimate for the utility upgrades is $504,240. The total SW Scholls Ferry Road bridge replacement project is estimated to cost $5,035,000. Construction for the SW Scholls Ferry Road bridge replacement project and the City’s utility improvements is scheduled to begin in May of 2012. The SW Scholls Ferry Road bridge replacement project will be completed in the spring of 2013.

60

BEAVERTON

LEGEND

RAILROADS

HIGHWAYS

MINOR ROADS

MAJOR ROADS

LAKES

RIVERS & STREAMS

±

CITIES

PROJECT LOCATIONWASHINGTON COUNTYOREGON

0 100 20050Feet

SCALE

SCHOLLS FERRY ROAD BRIDGEBRIDGE REPLACEMENT

PROJECTLOCATION

Drawn by: RRR

Map Date: August 10, 2011

Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.

For more information, contactMatt Meier, Project ManagerCapital Projects Management DivisionPhone: 503-846-7800Fax: 503-846-7810Email: [email protected]

Note: for the thumbnail, turn off the "annotation.stm_na" layer.

FER

RY

RD

61

of 7 – Intergovernmental Agreement

SW Scholls Ferry Road Bridge Replacement & Waterline Upgrades County Project No. 100089 / City Project No. 4105

INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAVERTON AND

WASHINGTON COUNTY

FOR TRANSPORTATION IMPROVEMENTS AND UTILITY UPGRADES ON SW SCHOLLS FERRY ROAD

BETWEEN SW ALLEN BOULEVARD AND SW DENNEY ROAD

This Agreement, dated ________________________, 2012, is between City of Beaverton (City) and Washington County (County) a political subdivision of the State of Oregon.

A. RECITALS

1. ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary.

2. County has an approved and funded Major Streets Transportation Improvement Program

project to replace the bridge on SW Scholls Ferry Road over Fanno Creek, between SW Allen Boulevard and SW Denney Road (County Project).

3. City wishes to make certain improvements to sections of the City’s existing waterline in

SW Scholls Ferry Road between SW Allen Boulevard and SW Denney Road (City Project) in conjunction with the County’s transportation improvements, and agrees to pay for such requested work.

4. City and County have agreed to cooperate in the design and construction of the waterline

improvements and combine the work into a single project to reduce construction costs and the impacts of construction on the public. Coordinating the site improvements, utility upgrades, and road improvements benefits the community by reducing the number of road closures, detours needed to accomplish work identified, and duration of construction activities.

5. The County Project and City Project are subject to all applicable County Road Standards, and applicable County Project Specifications and Special Provisions.

62



NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

B. CITY PROJECT DESCRIPTION

City’s waterline improvements consist of removal of approximately 160 feet each of existing 6-inch and 16-inch waterline, and installation of approximately 30 feet of new 6-inch waterline and 550 feet of new 18-inch waterline. The City’s waterline improvements also include constructing an additional slab on the new bridge structure over Fanno Creek to accommodate the new 18-inch waterline. For purposes of this Agreement, the work described in this section shall be referred to as the “City Project.” The County Project and the City Project shall be referred to collectively as the “Project”. The Project Bid Schedule will be separated into Schedule A, which includes roadway and bridge related bid items, and Schedule B, which includes the City’s waterline bid items.

C. CITY OBLIGATIONS

City shall: 1. Provide to County biddable construction documents including construction plan sheets,

specifications, and bid schedule for the City Project. The City Project bid items shall be incorporated into the overall Project Bid Schedule and labeled as Bid Schedule B.

2. Provide timely responses to bidder’s questions about City’s Project during advertisement

of the Project. If necessary, provide County with addendum no later than four (4) calendar days prior to the Project bid opening.

3. Provide public involvement assistance for the City Project in coordination with County

public involvement. The County plans to hold a public open house prior to the start of construction, and the City agrees to have a representative present to answer questions about the City Project.

4. Provide construction inspection of the Schedule B bid items including review and approval of shop drawings, submittals, and onsite inspection to determine compliance with the contract documents. City’s onsite inspections of the Schedule B bid items shall be coordinated through County’s lead Project inspector. City’s onsite inspector shall be onsite and responsible for enforcing all applicable specifications during all City Project work, including but not limited to night work, accommodations for public traffic and work zone traffic control. City has the right to approve the final acceptance of the City Project.

5. Provide County with the following construction documentation for the Schedule B bid

items:

63



a. General daily progress reports and erosion control reports b. Quantity documentation used for monthly estimates c. City Project quality documentation and test results as specified in the

construction contract 6. Coordinate and participate with County on any disagreements, disputes, delays or claims

related to or as a result of the City Project. 7. Subject to the limits contained in Section C.8, pay County for the costs to: (i) prepare

contract and bidding documents, (ii) select a construction contractor, (iii) administer and manage the construction contract, (iv) construct the City Project, (v) manage, provide inspection assistance and survey the construction of the City Project, (vi) adjust City manholes, valves and inlets within the limits of the County Project, (vii) repair or reconstruct any encountered City sewer service laterals within the County Project limits, (viii) construct water quality improvements as part of the County Project, (ix) design and construct an additional bridge slab for the City’s waterline improvements as part of the County Project, (x) implement traffic control and erosion control measures as part of the County Project.

8. Pay an estimated total of $504,240 for the cost of the Project as described in Section C.7. If actual costs exceed $504,240, then County and City agree to amend the Intergovernmental Agreement to increase the amount, provided that Project costs stated in this section as a percentage of other costs may be increased only by that same percentage of the actual cost. Specific Project costs are shown in Attachment A and are estimated as follows:

a. City Drainage Costs (Included in Schedule A) $99,120

b. City Sanitary Sewer Costs (Included in Schedule A) $3,250

c. Waterline Structure Costs (Included in Schedule A) $46,587

d. Waterline Structural Design Costs (25% of C.8.c) $11,647

e. Hydraulic Modeling (CLOMR Revisions) $2,900

f. City Waterline Improvement Costs (Schedule B) $255,040

g. Construction Management, Inspection, Survey & Contract Administration i. Schedule A Bid Items (13% of C.8.a, C.8.b and C.8.c) $19,364

ii. Schedule B Bid Items (7% of C.8.f) $17,853 h. Mobilization (10% of C.8.a, C.8.b, C.8.c and C.8.f) $40,400

64



i. Traffic Control (1% of C.8.a, C.8.b, C.8.c and C.8.f) $4,040

j. Erosion Control (1% of C.8.a, C.8.b, C.8.c and C.8.f) $4,040 After installation of items C.8.a, C.8.b, and C.8.c, City shall pay County fifty percent (50%) of the cost of said items based on actual invoices submitted by the construction contractor, and the remaining fifty percent (50%) following City acceptance of work. Items C.8.d, C.8.e, C.8.g, C.8.h, C.8.i and C.8.j shall be calculated and paid to County as a lump sum after County makes final payment to the construction contractor for the City Project.

9. Pay County for City’s share of costs incurred within 30 days of receipt and approval of

each progress payment request sent to City by County.

10. Assign a liaison (Project Manager) responsible for coordinating the City Project with County. The liaison for City shall be Brion Barnett. City’s Project Manager shall have authority to request changes and make decisions for the City as needed during the course of construction of the City Project.

11. Attend weekly construction meetings during the City Project work and provide updates to

the County Project team.

12. Donate the necessary right-of-way to the County as described in the separate Dedication Deed.

13. Obtain all necessary permits and approvals for the portion of the City’s multi-use path

being constructed with the County Project as shown in Attachment B.

14. Plant and maintain the planter area adjacent to the City’s multi-use path as shown in Attachment B.

D. COUNTY OBLIGATIONS

County shall: 1. Provide the following Project management elements:

a. Bidding, including the Project plans, specifications, and bid schedule prepared by City

b. Contract award c. Construction and contract administration d. Construction management, inspection assistance and surveying e. Tracking costs and invoicing City

65



2. Provide City three (3) work days following bid opening to review and approve bid results for the City Project. County may award the construction contract, including work for the City Project unless City informs County in writing prior to award that it wishes to cancel its construction as part of the Project.

3. Provide a unique project number and compile accurate accounting records for the Project,

which shall be available for examination by City upon request. 4. Require all contractors to include City as an additional insured on insurance coverage

required for construction work performed in completing the Project. 5. Require all contractors to provide worker’s compensation coverage pursuant to Oregon

law for all subject workers performing work in connection with the City Project. 6. Provide City written notice that the City Project is complete and obtain City’s final

acceptance prior to final lift paving of the Project and prior to releasing bonds or issuing final payment to the contractor.

7. Keep City informed of the progress of the Project and provide City reasonable notice of

bid opening, notice to proceed, project meetings, and substantial completion of the Project.

8. Assign a liaison (Project Manager) responsible for coordinating the County Project with

City. The liaison for County shall be Matt Meier. County’s Project Manager shall have authority to accept and act upon the directions and decisions of City’s Project manager relating to the City Project during construction, and to instruct the contractor and incur costs based on those decisions.

9. As part of the County Project, perform earthwork grading for the portion of the City’s

future multi-use path as shown in Attachment B.

10. Not allow or permit any activities in the area occupied by the City’s 18-inch waterline, the most westerly bridge slab to be constructed and paid for by City in C.7, that would impact the City’s ability to operate and maintain the 18-inch waterline.

11. County shall provide the City as-built construction drawings for the County Project within sixty (60) days after the work is deemed complete and acceptable by the County. The as-built drawings shall be provided in hardcopy on Mylar, 11x17 inches, and AutoCAD digital format.

E. GENERAL TERMS

1. Laws and Regulations. County and City agree to abide by all applicable laws and regulations.

66



2. Term of this Agreement. This Agreement is effective from the date the last party signs it

and shall remain in effect until the Project is complete and the parties’ obligations have been fully performed or this Agreement is terminated as provided in paragraph E.6.

3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS

30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement (including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives.

4. Integration. This document constitutes the entire agreement between the parties on the

subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future.

5. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this

Agreement or any issues related to the U.S. Bankruptcy Code (whether or not such issues relate to the terms of this Agreement), the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the non-prevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal.

6. Termination. A. This Agreement may be terminated immediately by mutual written agreement

of the parties, or by either of the parties prior to award of a construction contract notifying the other in writing, with the termination being effective in 30 days.

7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the

Project Managers from each party, County Administrator and City's Chief Administration Officer will attempt to resolve the issue. If the County Administrator and City's Chief Administration Officer are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties may agree to resolve it through arbitration, or may utilize any other legal process or remedy allowed by law.

67



8. Interpretation of Agreement.

A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision.

B. The paragraph headings contained in this Agreement are for ease of reference only

and shall not be used in constructing or interpreting this Agreement. 9. Severability/Survival. If any of the provisions contained in this Agreement are held

illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause.

10. Approval Required. This Agreement and all amendments, modifications or waivers of

any portion thereof shall not be effective until approved by 1) City's Chief Administration Officer or designee and, when required by applicable City's rules, City Council and 2) County.

11. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising

out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the

day and year first written above. CITY OF BEAVERTON WASHINGTON COUNTY By: _____________________________ By:_____________________________ Mayor Title:_____ _______________________ APPROVED AS TO FORM APPROVED AS TO FORM _____________________________ ____________________________ City Counsel County Counsel

68

Item Bid Unit Quantity Estimated Price Total Estimated PriceDrainage (Bid Items in Schedule A of the Contract)Concrete Storm Filter Unit (8' x 18' Cartridge Vault) EA 1 100,000.00$ 100,000$ Concrete Manholes, Water Quality 96" Dia. (30R Snout) EA 2 8,000.00$ 16,000$ Concrete Storm Filter Unit (8' x 24' Cartridge Vault) EA 1 120,000.00$ 120,000$

Treatment System Subtotal 236,000$ COB Treatment System Prorated Share (42%) 99,120$

Schedule A COB Drainage Subtotal 99,120$ Sanitary Sewer (Bid Items in Schedule A of the Contract)Minor Adjustment of Manholes EA 2 1,000.00$ 2,000$ Repair or Reconstruct Existing Sewer Laterals FT 50 25.00$ 1,250$

Schedule A COB Sewer Subtotal 3,250$ Waterline Structure (Bid Items in Schedule A of the Contract)Structure Excavation LS 50000.00 50,000.00$ 50,000$ Granular Wall/Structural Backfill LS 10880.00 10,880.00$ 10,880$ Furnish Micropile Equipment LS 30000.00 30,000.00$ 30,000$ Micropiles EA 40.00 4,300.00$ 172,000$ Reinforcement LB 2200.00 1.00$ 2,200$ Foundation Concrete, Class 3600 CY 127.00 510.00$ 64,770$ Tie Back Anchors EA 17.00 5,000.00$ 85,000$ Precast Prestressed Beams LS 270000.00 270,000.00$ 270,000$

Structure Subtotal 684,850$ COB Structure Prorated Share (5.5%) 37,667$

Protective Fencing - ODOT BR 240, Type A - Adjusted Unit Price FT 86 20.00$ 1,720$ Sheet Pile Wall (Additional sheets for waterline slab = 2 slabs x 4' wide x 30' deep) SF 240.00 30.00$ 7,200$

Schedule A COB Waterline Structure Subtotal 46,587$

Schedule A COB Bid Item Total (Estimated) 148,957$

Structural Design (25% of Total COB Structural Cost) LS 11,647$ Hyraulic Model Costs - CLOMR Application Revisions LS 2,900$ Construction Mgmt, Inspection & Survey (13% of Total COB Schedule A Bid Item Total) LS 19,364$ Mobilization (10% of Total COB Schedule A Bid Item Total) LS 14,896$ Temporary Protection and Direction of Traffic (1% of Total COB Schedule A Bid Item Total) LS 1,490$ Erosion Control (1% of Total COB Schedule A Bid Item Total) LS 1,490$

Schedule A Total (Estimated) 200,743$

Waterline (Bid Items in Schedule B of the Contract)Miscellaneous Field Changes (As Authorized) AA AA 38,400.00$ 38,400$ Flaggers (00225) (Minimum Bid $43.00) HR 200.00 43.00$ 8,600$ Removal Of 6-inch Water Pipe (00310) FT 20 12.00$ 240$ Removal Of 16-inch Water Pipe (00310) FT 160 18.00$ 2,880$ Filling Abandoned Water Pipe16-inch (00490) FT 390 18.00$ 7,020$ Adjusting Boxes (00490) EA 2 200.00$ 400$ 18-inch Restrained Ductile Iron pipe, Fittings and Couplings (01140) LF 550 250.00$ 137,500$ 18-inch Connection To 16-inch Existing Main, Fittings and Couplings (01140) EA 2 5,000.00$ 10,000$ 6-inch Connection To Existing 6-inch Main (01140) EA 1 1,500.00$ 1,500$ 6-inch Main Cut, Plug and Abandonment (01140) EA 1 4,000.00$ 4,000$ Fabricated Steel Pipe Saddles For 18 -inch Pipe (01140) EA 6 1,000.00$ 6,000$ Install Owner Furnished 16-inch Isolation Gate Valve and Flange (01150) EA 2 15,000.00$ 30,000$ 2-inch Combination Air Release and Air Vacuum Valve (01150) EA 1 500.00$ 500$ 6-inch Fire Hydrant (Blow-Off) Assembly (01160) EA 2 4,000.00$ 8,000$

Schedule B Bid Item Total (Estimated) 255,040$

Contract Admin, PM and Survey (7% of Total Construction Cost) 17,853$ Mobilization (10% of Total Construction Cost) LS 25,504$ Temporary Protection and Direction of Traffic (1% of Total Construction Cost) LS 2,550$ Erosion Control (1% of Total Construction Cost) LS 2,550$

Schedule B Total (Estimated) 303,498$

Total Estimated Cost 504,240$

INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAVERTON AND WASHINGTON COUNTYATTACHMENT A

69

70

mattm

Typewritten Text

ATTACHMENT B

mattm

Typewritten Text

mattm

Typewritten Text

mattm

Typewritten Text

mattm

Typewritten Text

mattm

Typewritten Text


72

AGENDA


Agenda Category: Consent – Land Use and Transportation (CPO 8) Agenda Title: EXECUTE A QUITCLAIM DEED FOR A DRAINAGE

EASEMENT TO CLEAN WATER SERVICES AS A RESULT OF THE GLENCOE ROAD PROJECT

Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: The Glencoe Road/Highway 26 to West Union Road was funded through the Major Streets Transportation Improvement Program (MSTIP 3B). The improvements to Glencoe Road involved widening the road to a three-lane arterial with bike lanes and sidewalks. The project also included a water quality swale. The swale was deeded to Washington County as two drainage easements from North Plains Center, LLC on March 16, 2010, pursuant to Documents 2011-021008 and 2011-021009 in the Washington County Book of Records. Now that the project is complete, the water quality swale will be maintained by Clean Water Services. It is a mutual benefit to quitclaim this drainage easement to Clean Water Services Attachments: 1. Quitclaim Deed 2. Exhibit “A-1” and “B-1” 3. Exhibit “ A-2” and ‘B-2” 4. Vicinity Map


Authorize the Chair to execute the attached Quitclaim Deed, thereby transferring the easement rights to Clean Water Services. Restricted\ROW\100047-Glencoe-Hwy 26 Interchange\Agendas\100047 Ded Deed 03-20-12.doc 03/09/12 COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.g.

168-605005 Date: 03/20/12

73

AGENDA


Agenda Category: Consent-Land Use and Transportation (CPO 10) Agenda Title: APPROVE DECLARATION OF NECESSITY AND PROTECTIVE

RENT PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT

Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: This project will replace the 21-foot long timber and concrete bridge on Johnson School Road at Davis Creek with a new single span concrete structure. This project is funded through the Oregon Jobs and Transportation Act House Bill 2001. In order to construct the improvements as designed, additional right-of-way and ancillary easements may be required. Right-of-Way acquisition for the project will follow Oregon State Department of Transportation guidelines and policies adopted by the Board. There may be opportunities to acquire right-of-way for the project, which may require protective rent payments. Accordingly, the Board is requested to approve protective rent payments for this project as necessary, which has been done on other similar projects. (continued) Attachments: 1. Resolution & Order 2. Exhibit “A” 3. Vicinity Map 4. Typical 2-lane Bridge Cross Section


Approve the attached Resolution and Order authorizing the staff to acquire the necessary right-of-way and protective rent payments for the Johnson School Road Bridge Replacement project.

Restricted\ROW\100177 Johnson School Bridge\Agenda\ dec of nec 03-20-12.doc 02/29/12 COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.h.

168-605005 Date: 03/20/12

81

APPROVE DECLARATION OF NECESSITY AND PROTECTIVE RENT PAYMENTS FOR RIGHT-OF-WAY ACQUISITION FOR THE JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT BCC 03/20/12 A Resolution and Order has been prepared for the Board, which would allow the County to acquire the right-of-way and easements by condemnation, if necessary. The estimated total cost for the project is $2.4 million. Construction of the road project is expected to begin July 2012 with anticipated completion December 2012.

82

IN THE BOARD OF COUNTY COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Declaring the Necessity and Purpose for Acquisition of Certain Right-of-Way For the JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT Project, Directing an Attempt to Agree With Owners as to Compensation; Authorizing Condemnation Proceedings to Acquire the Said Rights-of-Way; and Authorizing the Payment of Protective Rent.

)))))))

RESOLUTION AND ORDER

NO. _______________

The above-entitled matter came on before the Board of Commissioners of Washington County,

Oregon, at its regular meeting of March 20, 2012; and

It appearing to the Board that funding has been approved for an improvement project for the

JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT Project, Project No. 100177, which

provides for the construction of the proposed improvements; and

It appearing to the Board that the Board of Commissioners has authority under ORS Chapter 35

to acquire right-of-way by purchase or condemnation proceedings; and

It appearing to the Board that it is consistent with the powers and purposes of County

government, and necessary for the continued growth, safety and welfare of the community, that the

JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT project be constructed and that the

necessary right-of-way and easements be acquired; and

It appearing to the Board that the proposed construction of the JOHNSON SCHOOL ROAD

BRIDGE REPLACEMENT Project is planned and located in a manner which is most compatible with

the greatest public good and causes the least private injury; it is therefore

RESOLVED AND ORDERED that it is necessary for the preservation of the public health,

safety and welfare of Washington County that the County, in connection with the construction of the

JOHNSON SCHOOL ROAD BRIDGE REPLACEMENT Project, immediately start the acquisition

process for the necessary right-of-way and easements for the JOHNSON SCHOOL ROAD BRIDGE

REPLACEMENT Project, through exercise of the power of eminent domain; and it is further

RESOLVED AND ORDERED that the right-of-way and easements to be acquired are

described as follows: the centerline is described in the attached Exhibit “A”; the width of right-of-way

will be in accordance with the current Washington County Transportation Plan; ancillary easements

83

including slope, sidewalk, utility, wetland mitigation, storm water treatment, storm water detention,

and temporary construction purposes; together with such incidental additional right-of-way at

intersections, and due to topography, as may be reasonably necessary in order to accommodate project

design; and any uneconomic remnants, as determined by appraisal; and it is further

RESOLVED AND ORDERED that the Department of Land Use and Transportation and the

Office of County Counsel are authorized to retain real estate appraisers and negotiators, said appraisals

to be prepared under the auspices of the Office of County Counsel and submitted to said Office for

initiation of proceedings as described below; and it is further

RESOLVED AND ORDERED that the Department of Land Use and Transportation is

authorized to make protective rent payments in conjunction with acquisition of the subject property,

when determined to be feasible and economically advantageous to the project; and it is further

RESOLVED AND ORDERED that the Department of Land Use and Transportation shall in

good faith, attempt to negotiate an agreement as to just compensation with affected property owners,

but the Board recognizes that there is a reasonable likelihood that formal litigation will be necessary

for a substantial number of properties and, therefore, hereby authorizes the Office of County Counsel

to file complaints in condemnation and take said other steps as it determines are necessary for the

immediate possession and condemnation of the right-of-way described herein.

DATED this 20th day of March 2012. BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON CHAIR RECORDING SECRETARY Approved as to form: Loretta Skurdahl Senior Assistant County Counsel

Date and Signed: April 12, 2004 Page 2 – R&O#____________ Declaration of Necessity For Right-of-Way

84

AGENDA


Agenda Category: Consent – Land Use and Transportation CPO 13 Agenda Title: INITIATE PROCEEDINGS TO ESTABLISH AND LEGALIZE

PORTIONS OF NW WILKESBORO ROAD, NW MOUNTAINDALE ROAD, AND NW ROY ROAD AS COUNTY ROAD NO. 3275; SET DATE FOR A PUBLIC HEARING

Presented by: Andrew Singelakis, Director, Land Use and Transportation SUMMARY (Attach Supporting Documents if Necessary) The location of the centerlines and rights-of-way of portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road are uncertain and need to be clarified. Road legalization under ORS 368.201-221 will accomplish that. It is also appropriate to re-establish the retraceable portion of NW Wilkesboro Road and establish additional dedicated rights-of-way under ORS 368.016(2)(c) as part of the same county road. The portion of NW Wilkesboro Road lying westerly of a point ±338 feet easterly of NW Aerts Road has been retraced per its road notes and should be re-established as County Road 3275. The portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road lying easterly of a point ±338 feet easterly of NW Aerts Road have not been recently surveyed and the location of County Road Nos. A-107, 60, 111, 285, and 1066 lying in this area cannot be accurately determined and should be legalized as County Road 3275. These portions have been maintained as County Roads in their traveled location for 133 plus years. Staff has determined that these portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road can be re-established and legalized in order to fix the location and width of the road. (Continued) Attachments: 1. Exhibit Map 2. Road Official’s Report with attached “Proposed Record of Survey” DEPARTMENT’S REQUESTED ACTION:

Initiate the process to legalize and establish portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road as a County Road. Accept the attached Road Report and Proposed Record of Survey; set the public hearing, and direct that notice be given as further described in this agenda item. COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.i.

603020 Date: 03/20/12

89

INITIATE PROCEEDINGS TO ESTABLISH AND LEGALIZE PORTIONS OF NW WILKESBORO ROAD, NW MOUNTAINDALE ROAD, AND NW ROY ROAD AS COUNTY ROAD NO. 3275; SET DATE FOR A PUBLIC HEARING BCC 03/20/12 The road alignment to be legalized has been traveled and maintained by the County for much longer than the required 10 years. By approving a Resolution and Order establishing and legalizing this road, the County will legalize an as-traveled alignment with the base width of the road being either 40.00 or 60.00 feet per the road notes of County Road Nos. A-107, 60, 111, 285, and 1066 and re-establish the more recently dedicated areas of right-of-way as a County Road. This action will resolve the right-of-way issues in this area. ORS 368.201 through ORS 368.221 allows for the legalization of the road in its traveled location. ORS 368.206(1)(c) requires that the County cause notice of proceedings for legalization to be provided under ORS 368.401 through 368.426 by service to owners of abutting land and by posting. ORS 368.206(1)(b) requires that the County Road Official file a written report, including a survey, with the County governing body. ORS 368.016(2)(c) allows for the establishment of a public road. In order to proceed with the road legalization and establishment process, your Board is requested to do the following: accept the attached Road Report and Proposed Record of Survey; set May 15, 2012, at 10:00 a.m., in the auditorium of the Washington County Public Services Building, Hillsboro, Oregon, as the time and place for a hearing to legalize and establish NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road; and direct that notification be made by service to owners of abutting land and by posting pursuant to ORS 368.401 through 368.426.

90

Road Report NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road

Proposed County Road No. 3275

Date: March 20, 2012

To: Washington County Board of Commissioners From: Gary A. Stockhoff, P.E., Washington County Engineer RE: THE MATTER OF ESTABLISHING AND LEGALIZING PORTIONS

OF NW WILKESBORO ROAD, NW MOUNTAINDALE ROAD, AND NW ROY ROAD AS COUNTY ROAD NO. 3275

This report is respectfully submitted, pursuant to and as required by ORS 368.206(b), in the initiation of proceedings to legalize a county road. NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road are county roads maintained by Washington County but there is uncertainty as to the legal location and width of portions of them. Research and analysis of the record documents along with survey field work concludes that portions of the legal rights-of-way cannot be accurately surveyed and that the record county road notes do not conform to the traveled roads. These roads were originally established in the late 1800’s and the westerly portion of NW Mountaindale Road was re-aligned and re-established as late as 1929, however it too, cannot be precisely surveyed and the notes do not conform with the traveled road. ORS 368.201 provides that a county governing body may initiate proceedings to legalize a county road under ORS 368.201 to 368.221 if, (1) through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road, (2) if the location of the road cannot be accurately determined due to either numerous alterations of the road or loss or destruction of the original survey of the road, or (3) if the road as traveled and used for 10 years or more does not conform to the location of a road described in the county records. These roadways meet these criteria for legalization. Pursuant to ORS 368.206(1)(a)(A), the portion of NW Wilkesboro Road (County Road 285) lying between stations 52+69.73 and 57+89.23 may be legalized to a right of way width of 40.00 feet, 20.00 feet on each side of the centerline. The portion of NW Wilkesboro Road and NW Mountaindale Road (County Road 1066) lying between 57+89.23 and 111+40.46 may be legalized to a right of way width of 50.00 feet, 25.00 feet on each side of the centerline, except where additional right of way was dedicated by plat or deed. In those areas with additional dedications, the public right of way is greater than the base road width and they may be legalized to the dedicated right of way described in the deed document or as shown and monumented on the plat. The portion of NW

92

Mountaindale Road (County Road 60) lying between 111+40.46 and 137+14.42 may be legalized to a right of way width of 40.00 feet, 20.00 feet on each side of the centerline. The portion of NW Wilkesboro Road (County Road 111 and A-107) lying between stations 0+00.00 (also being Mountaindale station 57+89.23) and 57+36.89 may be legalized to a right of way width of 60.00 feet, 30.00 feet on each side of the centerline. The portion of NW Roy Road (County Road 60) lying between stations 100+00.00 and 141+79.44 may be legalized to a right of way width of 40.00 feet, 20.00 feet on each side of the centerline, except where additional right of way was dedicated by deed. In that area, the public right-of-way is greater than the base road width and may be legalized to the width described in the dedication deed document. The portion of NW Wilkesboro Road (County Road 285) lying between State Highway 47 and a point ±338 feet easterly of NW Aerts Road, and being between stations 0+00 and 52+69.73, is retraced on the proposed record of survey and should be re-established as part of this action and become a portion of County Road 3275, pursuant to ORS 368.016(2)(c). No permanent structures that appear to predate the traveled alignment of the roads are located within the proposed rights-of-way. These roads are County Roads that have been incorporated into the County Road system by their formal establishments and by the actions of the County which include expending funds for maintenance and other evidence of dominion for more than 10 years. Based on the foregoing facts, I recommend initiating proceedings to re-establish a portion of NW Wilkesboro Road and to legalize the other portions of NW Wilkesboro Road, NW Mountaindale Road, and NW Roy Road as shown on the attached proposed Record of Survey. Upon completion of this establishment and legalization, any records showing the location of the road that conflict with the legalized alignment become void. This will be the most expeditious method of fixing the width and location of the right-of-way. . Attachment: Proposed Record of Survey

93


106

AGENDA


Agenda Category: Consent – Land Use and Transportation Agenda Title: APPROVE AGREEMENT WITH THE OREGON DEPARTMENT

OF TRANSPORTATION FOR COOPERATIVE SIGNAL TIMING OPERATIONS ON STATE HIGHWAYS IN WASHINGTON COUNTY

Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: A Washington County Intelligent Transportation System (ITS) plan was adopted by the Board of County Commissioners in February 2005. Implementing an ITS plan requires “sharing” common equipment with the Oregon Department of Transportation (ODOT). Washington County and ODOT may own, maintain, or operate traffic signal equipment either on or impacting state highways and County roads by timing systems that regulate both ODOT and County interconnected corridor signals. Such interconnected signal activities, with various communication systems across jurisdictional ownership, already exist and are a growing occurrence in the daily operation of signals throughout the region. The communication requirements for the various systems, however, may be based on different technology than the other Party’s on such interconnected systems. The Parties have determined that sharing system technologies is to their mutual benefit and the general public’s benefit by promoting cost effectiveness and efficient use of traffic management resources. The Parties also recognize that flexibility in relation to the use of evolving technologies, while continuing to fulfill mandated and safety responsibilities to the traveling public, is challenging but necessary. (continued) Attachments: Intergovernmental Agreement


Approve Agreement with Oregon Department of Transportation and authorize its execution upon completion of the County’s contract review process. projects\100100 boc agenda iga cooperative signal timing.doc 03/29/12 COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.j.

168-605005 Date: 03/20/12

107

APPROVE AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION FOR COOPERATIVE SIGNAL TIMING OPERATIONS ON STATE HIGHWAYS IN WASHINGTON COUNTY BCC 03/20/12 This is a “No Cost” Agreement. The entire Agreement shall be reviewed for compliance every five (5) years and shall become effective on the date all required signatures are obtained and shall remain in effect for twenty (20) calendar years.

108

Misc. Contracts and Agreements No. 25,914

INTERGOVERNMENTAL AGREEMENT Cooperative Signal Timing Operations on State Highways

Washington County THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT," and WASHINGTON COUNTY, acting by and through its elected officials, hereinafter referred to as "COUNTY,” hereinafter generally referred to as “Party” or collectively referred to as “Parties.”

RECITALS

1. State Highways are part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). County roads are a part of the county road system under the jurisdiction and control of COUNTY. The specific jurisdictional locations affected by this Agreement are to be listed in the most current Exhibit A agreed to under the terms and obligations as described below in this Agreement.

2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, state agencies

may enter into agreements with units of local government for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform.

3. By the authority granted in ORS 810.210, ODOT is authorized to determine the

character or type of traffic control devices to be used, and to place or erect them upon state highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than ODOT, except with its written approval. Traffic signal work on this Project will conform to the current ODOT standards and specifications.

4. Parties may own, maintain, or operate traffic signal equipment either on or impacting

state highways and county roads by timing systems that regulate both ODOT and COUNTY interconnected corridor signals. Such interconnected signal activities, with various communication systems across jurisdictional ownership, already exist and are a growing occurrence in the daily operation of signals throughout the region. The communication requirements for the various systems may be based on different technology than the other Party’s on such interconnected systems. The Parties have determined that sharing system technologies is to their mutual benefit and the general public’s benefit by promoting cost effectiveness and efficient use of traffic management resources. The Parties also recognize that flexibility in relation to the use of evolving technologies, while continuing to fulfill mandated and safety responsibilities to the traveling public, is challenging but necessary. In ODOT Region

109

COUNTY/ ODOT Agreement No. 25,914

2

1, the Parties are working to find a way to balance these issues of need, safety and technology, and memorialize the results of such negotiations through intergovernmental agreements.

DEFINITIONS – All definitions may or may not relate to the present activities of this Agreement or its active Exhibit A.

1. Adaptive traffic signal systems – A type of interconnected traffic signal system for

groups of signals that respond in real time using data from the field to adjust continuously to changing conditions using central control algorithms.

2. Adaptive timing plans – Pre-engineered plans within adaptive signal timing systems that guide and establish boundaries for the continuous adjustments of a group of traffic signals.

3. Coordinated Traffic Signal system – A type of interconnected traffic signals system that uses timing plans for the purpose of synchronizing traffic signals using a fixed schedule.

4. Incident management – A general concept of managing special situations, such as road closures, which may be included in the actively managed timing for a signal or a group of signals.

5. Initial implementation – Taking a signal timing plan of any type and installing it and adjusting it for the first time.

6. Intelligent Transportation System (ITS) – Technology based transportation management systems incorporating devices such as, but not limited to, cameras, variable message signs, ramp meters, and traffic signal management systems.

7. ITS cabinets and other infrastructure – Devices or equipment that ITS devices are housed in as well as the infrastructure supporting ITS devices.

8. Interconnected signal systems – Signals that have some form of communication technology that allows the passing of information from one signal to another or to a central control system. See other definitions for types of interconnected traffic signal systems.

9. Primary responder – the Party ultimately responsible for an activity usually associated with maintenance and/or timing.

10. Quality of Service (QoS) – A check of the communications infrastructure to test for security and bandwidth integrity.

110


3

11. Replacement parts – the parts necessary to keep the COUNTY/ODOT system operational. This could include, but is not limited to, signal controllers, communications equipment, or network equipment.

12. Traffic Responsive Traffic Signal System – A type of interconnected traffic signal system that uses timing plans for the purpose of synchronizing traffic signals but changes these plans based on traffic data at key locations.

13. Virtual Local Area Network (VLAN) – A separate virtual network for the purpose of grouping together devices for bandwidth and security integrity.

14. Virtual Private Network (VPN) – A remote, virtual, and secure connection into a network from outside the network.

15. The Sydney Coordinated Adaptive Traffic System, (SCATS), is an intelligent transportation system developed in Sydney, Australia. This system is a particular kind of adaptive traffic signal system.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows:

TERMS OF AGREEMENT

1. By this Agreement, the Parties agree to the operational functions and responsibilities for interconnected traffic signal systems and to the procedures herein described to manage such resources. The Exhibit A to this Agreement, by this reference made a part hereof, shall be a flexible document to identify or modify each party’s affected traffic signal systems, procedures and limits for the day-to-day operations and management for such shared traffic signal systems, list the locations of the pertinent signal equipment, and identify personnel and their protocols for the management of the operation for such signal systems as necessary for the safe and successful operation of such equipment. These activities taken together shall hereinafter be referred to as “Project.”

2. The sharing of costs for on-going signal operations, timing maintenance activities, the electrical cost sharing, and lease-line costs are not part of this Agreement. Such on going cost sharing responsibilities are addressed by the current project cost sharing agreements between the Parties, which address such cost sharing responsibilities on joint state highway projects. This Agreement only assigns the procedures and limits for the day to day operations and the maintenance activities described by the cost sharing agreements for shared signal projects and establishes a process whereby additional shared traffic signals systems may be added or modified to this Agreement as necessary due to new such signal projects.

3. There is no exchange of funds for this Project. Each Party shall be responsible for their own costs incurred, including any activities already currently performed by the

111


4

Parties in their everyday work flow. Incidental equipment supplied for interface with either Party’s specific system to the requirements of this Agreement shall be at the expense of the supplying Party. Should there be a need for future increases in funding, an amendment to this Agreement shall be necessary.

4. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the useful life of the Project. The useful life is defined as twenty (20) calendar years.

5. The Parties agree that the activities covered by this Agreement are as follows:

a. The identification of specific shared use interconnected traffic signal systems and the protocols for the operation and maintenance of such interconnected systems that may be modified by Exhibit A to this Agreement.

b. The Parties agree that the COUNTY Principal Traffic Engineer and ODOT Region 1 Traffic Engineer shall monitor the activities addressed within Exhibit A; that Exhibit A may be periodically amended to remain an active up-to-date document describing the affected signal locations, activities and protocols for the operation and maintenance of the signal systems; and that Exhibit A may be periodically amended as needed by the review, approval and signature of the COUNTY Principal Traffic Engineer and ODOT Region Traffic Engineer on behalf of their respective agencies.

c. ODOT shall be the record keeper for all amendments to Exhibit A, and shall track the current signed Exhibit. ODOT shall provide to County a copy of each amendment to Exhibit A upon execution of the amendment.

d. The entire Agreement shall be reviewed for compliance every five (5) years by the signers of Exhibit A.

6. Upon the execution of this Agreement, Exhibit A may be amended pursuant to Terms of Agreement Paragraph 5(b) to address any of the following items without a formal amendment to this Agreement:

a. To allow operation of timing systems where there is a central timing system

controller that is run by one Party but includes another Party’s signals in the system. This could include provisions for acceptance, review, and implementation of system timing plans.

b. To allow the addition of locations or different timing control systems.

c. To establish the protocols for the implementation of new system timing plans

from one Party for implementation into another Party’s signals. This could include provisions for acceptance, review, and implementation of timing plans.

112


5

d. To establish protocols for ongoing adjustments to system timing plans across jurisdictional boundaries of the Parties. This could include provisions for acceptance, review, and implementation of timing plans.

e. To establish protocols for operational assistance for signals across jurisdictional

boundaries of the Parties and when one Party is responsible for or has central control of a timing plan that includes another Party’s signals.

f. To establish protocols for one Party changing the timing on the other Party’s

signals based on agreed to requirements established in the signed Exhibit A.

g. To establish protocols for maintenance of communications infrastructure.

h. To establish interagency communication protocols for cabinet entry.

i. To establish interagency change management procedures. This could include provisions for acceptance, review, and implementation of changes to the communications architecture.

j. To establish protocols for changing signal timing across jurisdictional boundaries

as part of incident management procedures. COUNTY OBLIGATIONS 1. COUNTY shall require its contractor(s) and subcontractor(s) that are not units of

local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys’ fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of COUNTY's contractor or any of the officers, agents, employees or subcontractors of the contractor( "Claims"). It is the specific intention of the Parties that ODOT shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of ODOT, be indemnified by the contractor and subcontractor from and against any and all Claims.

2. Any such indemnification shall also provide that neither COUNTY's contractor and

subcontractor nor any attorney engaged by COUNTY's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that COUNTY's contractor is prohibited from defending the State of Oregon, or that COUNTY's contractor is not adequately

113


6

defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against COUNTY's contractor if the State of Oregon elects to assume its own defense.

3. COUNTY certifies and represents that the individual(s) signing this Agreement has

been authorized to enter into and execute this Agreement on behalf of COUNTY, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind COUNTY.

4. COUNTY’s Project Traffic Engineer for this Project is Stacy Shetler, Principal Traffic

Engineer, Washington County, 1400 SW Walnut Street, MS17, Hillsboro, OR 97123, 503-846-7947, [email protected]., or assigned designee upon individual’s absence. ODOT’s Traffic Engineer shall be notified in writing of any contact information changes during the term of this Agreement.

ODOT OBLIGATIONS 1. ODOT certifies and represents that the individuals signing this Agreement have

been authorized to enter into and execute this Agreement on behalf of ODOT, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind ODOT.

2. ODOT’s Project Manager for this Project is Dennis Mitchell, Region 1 Traffic

Engineer, 123 NW Flanders Street, Portland, OR 97209, phone: 503-731-8218, email: [email protected], or assigned designee upon individual’s absence. COUNTY’s Project Manager shall be notified in writing of any contact information changes during the term of this Agreement.

GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. 2. ODOT may terminate this Agreement effective upon delivery of written notice to

COUNTY, or at such later date as may be established by ODOT, under any of the following conditions:

a. If COUNTY fails to provide services called for by this Agreement within

the time specified herein or any extension thereof. b. If COUNTY fails to perform any of the other provisions of this

Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from COUNTY fails to correct such failures within ten (10) days or such longer period as Parties may authorize.

114


7

c. If federal or state laws, regulations or guidelines are modified or

interpreted in such a way that either the work under this Agreement is prohibited or ODOT is prohibited from paying for such work from the planned funding source.

d. If ODOT fails to receive funding, appropriations, limitations or other

expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement.

3. COUNTY may terminate this Agreement effective upon delivery of written notice to

ODOT, or at such later date as may be established by COUNTY, under any of the following conditions:

a. If ODOT fails to provide services called for by this Agreement within the

time specified herein or any extension thereof. b. If ODOT fails to perform any of the other provisions of this Agreement,

or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct such failures within ten (10) days or such longer period as Parties may authorize.

4. Any termination of this Agreement shall not prejudice any rights or obligations

accrued to the Parties prior to termination. 5. Each Party grants the other Party the right to enter onto the other Party’s right of

way for the performance of duties as set forth in this Agreement 6. Parties shall provide the other Party any and all design drawings, manufacturer or

contractor’s warranties, guarantees, operation manuals or similar items necessary to operate or maintain any physical improvements.

7. The Parties shall only assign personnel to perform services provided in Exhibit A that

have the similar job experience and training for signal operations on a public right of way as their Party’s counterparts.

8. Parties certify, at the time this Agreement is executed, that sufficient funds are

available and authorized for expenditure to finance costs for their respective activities for the performance of this Agreement within Parties current appropriation or limitation of the current biennial budget.

9. Parties agree to the on-going cooperation to establish cooperative system timing,

plans, and maintenance for all potential locations and timing systems that include

115


8

both COUNTY owned and ODOT owned traffic signals and to update such understandings in an amended Exhibit A following procedures established by this Agreement and within the limits set forth herein. In the event proposed changes to Exhibit A create increased costs to either Party or any Party’s activities create additional costs to the other Party, or activities exceed the limitations set out in Terms of Agreement, Paragraph 3, an amendment to this Agreement may be required.

10. Parties shall provide instructions to their employees concerning work to be

performed under Exhibit A, and each Party shall direct and supervise its employees who are assigned to assist the other Party to the Agreement.

11. Parties shall comply with all federal, state, and local laws, regulations, executive

orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof; Without limiting the generality of the foregoing, Parties expressly agree to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

12. All employers, that employ subject workers who work under this Agreement in the

State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. The Parties shall ensure that each of its contractors complies with these requirements.

13. Each Party to this Agreement is considered an independent contractor for purposes

of this Agreement and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. No representative, agent, employee or contractor of one Party shall be deemed to be an employee, agent or contractor of the other Party for any purpose, except to the extent specifically provided herein.

14. If any third party makes any claim or brings any action, suit or proceeding alleging a

tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against ODOT or COUNTY with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense

116


9

of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim.

15. With respect to a Third Party Claim for which ODOT is jointly liable with the

COUNTY (or would be if joined in the Third Party Claim ), ODOT shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the COUNTY in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the COUNTY on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of ODOTon the one hand and of the COUNTY on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The ODOT’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if ODOThad sole liability in the proceeding.

16. With respect to a Third Party Claim for which the COUNTY is jointly liable with

ODOT (or would be if joined in the Third Party Claim), the COUNTY shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by ODOT in such proportion as is appropriate to reflect the relative fault of the COUNTY on the one hand and of ODOT on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the COUNTY on the one hand and of ODOT on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The COUNTY's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.

17. The Parties shall attempt in good faith to resolve any dispute arising out of this

Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.

18. This Agreement may be executed in several counterparts (facsimile or otherwise) all

of which when taken together shall constitute one Agreement binding on all Parties,

117


10

notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.

19. This Agreement and attached exhibits constitute the entire Agreement between the

Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by the other Party of that or any other provision.

THE PARTIES, by execution of this Agreement, hereby acknowledges that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.

SIGNATURE PAGE TO FOLLOW

118


11

WASHINGTON COUNTY, by and through its elected officials By _______________________________ Commissioner Date _____________________________ By _______________________________ COUNTY Engineer Date _____________________________ By _______________________________ COUNTY Principal Traffic Engineer Date _____________________________ APPROVED AS TO LEGAL SUFFICIENCY By_______________________________ COUNTY Attorney Date _____________________________ COUNTY Contact: Stacy Shetler, Principal Traffic Engineer Washington County 1400 SW Walnut Street, MS17 Hillsboro, OR 97123 Phone: 503-846-7947, Email: [email protected] ODOT Contact: Dennis Mitchell, R1 Traffic Engineer 123 NW Flanders Street Portland, OR 97209 Phone: 503-731-8218 Email: [email protected]

STATE OF OREGON, by and through its Department of Transportation By ____________________________ Region 1 Manager Date __________________________ APPROVAL RECOMMENDED By ____________________________ Technical Services Manager/Chief Engineer Date __________________________ By ____________________________ State Traffic Engineer Date___________________________ By ____________________________ Region 1 ITS/Traffic Engineer Date___________________________ By ____________________________ Region 1 Maintenance/ Operations Manager Date___________________________ APPROVED AS TO LEGAL SUFFICIENCY By____________________________ Assistant Attorney General Date:_________________________

119


12

EXHIBIT A Cooperative Signal Timing Operations on State Highways

Affected Signals and Protocols Washington County

The Effective Date of the Exhibit A = the last date of the signatures entered by the signers to this Exhibit or subsequent revisions thereof and making that version of the Exhibit A the current, active version of the Exhibit. CONTACTS: COUNTY CONTACTS: contacts responsible for timing plans, maintenance, communications, and after hours emergencies are listed below as COUNTY contacts. Timing Plans: Traffic Engineer – Traffic Section (503)846-7950 Maintenance: Signal Supervisor – Traffic Section (503) 846-7950 Communications: Traffic Engineer – Traffic Section (503)846-7950 After Hours: On-call Tech (503)969-7633 ODOT CONTACTS: contacts responsible for timing plans, maintenance, communications, and after- hour’s emergencies are listed below as ODOT contacts. Timing Plans: Lead Worker - ITS/Signal Program 503-731-8220 Maintenance: Lead Electrician 971-673-6201 Communications: Region 1 ITS Support Coordinator 503-969-8485 After Hours: TMOC 503-731-4652 ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES: ODOT OBLIGATIONS: 1. ODOT shall allow the COUNTY system adaptive timing system to control the signals

at the intersections listed in the SECTION 1 - INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING, but shall reserve the right to disconnect from the COUNTY system after thirty (30) days notification to the COUNTY. Any adjustment in cost due to ODOT disconnecting from the COUNTY system shall be based on prior ownership of such equipment established by existing project cost sharing agreements. Should no such cost agreement exist, an amendment to this agreement shall be required to address such cost sharing changes.

2. COUNTY shall provide ODOT access to system plans contained on COUNTY

Server as noted under ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES, COUNTY OBLIGATIONS, Paragraph 2, of this Exhibit.

120


13

3. ODOT shall review and approve the initial COUNTY system adaptive timing plans for the signals at the intersections as noted under ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES, COUNTY OBLIGATIONS, Paragraph 1, of this Exhibit. When necessary, after initial review by ODOT, ongoing timing changes can be made by the COUNTY without prior approval. COUNTY shall notify assigned ODOT personnel in Region 1 Traffic Engineer’s office of the changes within seven (7) business days. If any changes made by COUNTY are not acceptable to ODOT, ODOT personnel must alert COUNTY of its concerns and collaborate with COUNTY’s personnel and contractors to develop timing changes that will satisfy ODOT operational needs.

4. Additional ongoing reviews by ODOT may include, but are not limited to, the

following: a. changes to adaptive timing plans and parameters; b. field observation of signal operations; c. field meetings with COUNTY personnel to review traffic needs and d. review of activities involving ODOT cabinets or other facilities used by COUNTY

system.

5. ODOT shall retain ownership, jurisdiction and existing maintenance responsibilities for the signals at the intersections as noted under ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES, COUNTY OBLIGATIONS, Paragraph 1, of this Exhibit. ODOT shall not be responsible for the maintenance of the SCATS equipment, which includes fiber optic communications infrastructure, signal controllers and network equipment necessary for the operation of SCATS. ODOT shall continue to provide maintenance for the existing traffic signal equipment, as noted under ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES, COUNTY OBLIGATIONS, consistent with this or prior executed agreements.

6. ODOT shall notify the COUNTY Traffic Engineer in advance for planned outages on

shared communications infrastructure, and COUNTY On-call Tech by emergency telephone/pager if the outages are unplanned (break/Fix).

COUNTY OBLIGATIONS: 1. COUNTY shall obtain review and approval from ODOT of COUNTY adaptive timing

plans for the ODOT traffic signals before initial implementation. ODOT review shall be by the assigned personnel from the Region 1 Traffic Engineer’s office. After implementation, ongoing changes may be made without prior approval but COUNTY shall notify ODOT of the changes within seven (7) business days. Should COUNTY fail to provide agreed to services relating to the timing plan approved pursuant to ADAPTIVE SIGNAL TIMING SYSTEM PROCEDURES AND RESPONSIBILITIES, ODOT OBLIGATIONS, Paragraph 3, of this Exhibit, COUNTY shall have thirty (30) days from the receipt of written notice from ODOT to participate and cooperate with

121


14

ODOT in the development of a revised COUNTY system timing plan for the ODOT traffic signal(s).

2. COUNTY shall ensure that ODOT has Virtual Private Network (VPN) access to the

COUNTY’s server location of the electronic timing plans for review of the signals under COUNTY system control.

3. COUNTY shall have access to the Signal Cabinets and the ITS Cabinets as listed

under Section 1, INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING of this Exhibit. If possible, COUNTY shall notify ODOT in advance, but if it is not possible, COUNTY shall log an entry into the cabinet logbook when accessing signal cabinets. COUNTY shall notify ODOT Traffic Management Operations Center (TMOC) who will in turn notify the ODOT Region 1 Electrical Crew of such entries and activities performed. Access shall be scheduled in advance when possible. In the event of an emergency, the COUNTY shall notify the ODOT TMOC and may request the assistance of the on-call ITS Technician.

4. COUNTY shall maintain the network, all SCATS equipment, which includes fiber

optic communications infrastructure, signal controllers and network equipment necessary for the operation of SCATS, and communications infrastructure, including but not limited to troubleshooting and splicing, as well signal controllers and network equipment necessary for the operation of the SCATS equipment for the locations listed SECTION 1 - INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING of this Exhibit. COUNTY shall supply any additional replacement parts and provide ongoing maintenance in a timely manner to keep COUNTY system operational on ODOT traffic signals as listed under SECTION 1 - INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING of this Exhibit.

5. COUNTY shall be the primary responder for timing issues and shall collaborate with

ODOT on the on-going development of responses to timing issues, performance of the COUNTY system signal equipment, and communications to the signals listed under SECTION 1 - INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING.

6. Requirements for networking the traffic signals and cameras from the roadside.

a. ODOT standard industrial traffic and ITS networking switches shall be used for the traffic signals and cameras as part of this project.

b. Traffic signal data shall be separated from video data by use of separate

VLANs.

c. QoS shall be used on the networking switches at the roadside and at the COUNTY’s router.

122


15

7. If it is necessary for COUNTY to purchase SCATS replacement equipment in the

course of regular maintenance or repair of ODOT-owned SCATS signal equipment, it shall be purchased consistent with current ODOT purchase contracts for state highway equipment. If there is such a contract at the time such a purchase is needed, the purchase shall be through the appropriate designated ODOT staff listed herein.

SECTION 1 - INTERSECTION LOCATIONS SUBJECT TO ADAPTIVE SIGNAL TIMING: Signal Cabinets: 1. I-5 NB Ramps at Nyberg Rd

2. I-5 SB ramps at Nyberg Rd

ITS Cabinets: ACCEPTANCE OF TERMS AND ACTION APPROVED BY ODOT: I acknowledge and certify that the activities in this Exhibit A are current and within the scope of work of the original Agreement and my authority to sign and approve. ACCEPTANCE OF TERMS BY ODOT: ____________________________________ _________________________ ODOT Region 1 ITS/Traffic Engineer Date ACCEPTANCE OF TERMS AND ACTION APPROVED BY COUNTY: I acknowledge and certify that the activities in this Exhibit A are current and within the scope of work of the original Agreement and my authority to sign and approve. ACCEPTANCE OF TERMS BY COUNTY: ____________________________________ _________________________ COUNTY Principal Traffic Engineer Date

123

Sherwood

SW ROY ROGERS ROAD

SW TUALATIN SHERWOOD ROAD

SW CENTURY DRIVE

SW LANGER DRIVE

SW B

OR

CH

ERS

DR

I VE

SW EDY ROAD

SW 12TH STREET SW L

AN

GER

FA

RM

S P

AR

KW

AY

SW B

A LER

WAY

SW DAFFODIL STREET

SW HARVESTER LANE

SW SIDNEY LANE

SW DAYLILY STREET

S W HOLLAN D LANE

SW L

AVENDER PLACE

SW S

I LO

TER

RAC

E

WASHINGTONCOUNTY

ËÌ99WËÌ99W

LEGENDPROJECT LOCATION

HIGHWAYS

MAJOR ROADS

MINOR ROADS

RAILROADS

MAX LIGHT RAIL

COUNTY BOUNDARY

CITIES

LAKES

RIVERS & STREAMS

BORCHERS DR TO ADAMS AVETUALATIN - SHERWOOD ROAD

SCALE0 300 600150

Feet

±For more information contactDaniel Erpenbach, Project ManagerCapital Project Management DivisionPhone: 503-846-7800Fax: 503-846-7810Email: [email protected]

DISCLAIMER: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.

Drawn by: RRRMap Date: January 3, 2012

WASHINGTON COUNTYOREGON

AD

AM

S A

VE

PROJECTLOCATION

124


126

AGENDA


Agenda Category: Consent – Land Use and Transportation (CPO 3) Agenda Title: APPROVE BID AWARD, EXECUTE CONTRACT, AND

AUTHORIZE FOR CONSTRUCTION OF IMPROVEMENTS TO SW SCHOLLS FERRY ROAD BRIDGE AT FANNO CREEK

Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: The SW Scholls Ferry Road bridge replacement project is part of the Major Streets Transportation Improvement Program (MSTIP 3C). The project will replace the bridge over Fanno Creek, located between Denney Road and Allen Boulevard. The new structure will be built above the 100 year flood plain and will be wide enough to accommodate two travel lanes, a center turn lane and bike lanes and sidewalks. The project will also include rebuilding the roadway approaches to the new bridge and installing upgraded roadway drainage and stormwater runoff treatment facilities. The Preliminary Engineering and Design has been completed by Washington County and David Evans and Associates Engineers. The project design started in the winter of 2011. (continued) Attachments: 1. Vicinity Map

2. Typical 3-lane cross-section


Award the construction contract to the lowest responsible bidder and execute the contract upon completion of the County’s contract review process. projects\100089 scholls ferry rd bridge #1421\agenda\bid\100089 bid award agenda.doc 02/29/12



Agenda Item No. 1.k.

168-605005 Date: 03/20/12

127

APPROVE BID AWARD, EXECUTE CONTRACT, AND AUTHORIZE FOR CONSTRUCTION OF IMPROVEMENTS TO SW SCHOLLS FERRY ROAD BRIDGE AT FANNO CREEK BCC 03/20/12 Construction contract bid opening is scheduled for March 7, 2012, and bid results will be presented to the Board at the March 20, 2012 meeting. The Engineer’s estimate for construction is $3,360,000. The total project estimate is $5,035,000. Fiscal Impact:

Project Budget $ 5,035,000 Total Expenditures to date <$ 1,269,000> Construction Contract (Est) <$ 3,360,000> Balance Available $ 406,000

Construction is anticipated to start May 2012 and end by May 2013.

128

BEAVERTON

LEGEND

RAILROADS

HIGHWAYS

MINOR ROADS

MAJOR ROADS

LAKES

RIVERS & STREAMS

±

CITIES

PROJECT LOCATIONWASHINGTON COUNTYOREGON

0 100 20050Feet

SCALE

SCHOLLS FERRY ROAD BRIDGEBRIDGE REPLACEMENT

PROJECTLOCATION

Drawn by: RRR

Map Date: August 10, 2011

Disclaimer: This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.

For more information, contactMatt Meier, Project ManagerCapital Projects Management DivisionPhone: 503-846-7800Fax: 503-846-7810Email: [email protected]

Note: for the thumbnail, turn off the "annotation.stm_na" layer.

FER

RY

RD

129

AGENDA


Agenda Category: Consent – Land Use and Transportation CPO ALL Agenda Title: AMENDMENT 2.0: INCREASE SPENCER & KUPPER

CONTRACT AND EXTEND CONTRACT TERM Presented by: Andrew Singelakis – Director, Land Use and Transportation SUMMARY: Per Minute Order #10-214 your Board awarded a contract to Spencer & Kupper for Sustainable Development Project Management Consultant on June 6, 2010. This was to provide project management for the Greening the Code project which was undertaken through a grant awarded by the Department of Energy, Efficiency Conservation Block Grant. The original contract term was through June 30, 2012 for a not to exceed amount of $100,000. The contract was amended through to increase the dollar amount by $20,000 through the administrative contract approval process. After review of the budget, scope of work, and changes in available staff to work on the project, the Department of Energy agreed to shift $85,000 from the original budget for staff to the contractor’s budget within the Greening the Code grant funds. Additionally, the contract for Spencer & Kupper was set to expire on June 30th. Since we have available funds and the work will continue after June 30th, we are seeking approval to extend the contract until October 31, 2012. The funds for the grant must be spent by November 15th. It should be noted that this is moving money within the grant and will not impact Current Planning’s budget.


Authorize execution of the amendment to the contract to increase the budget by $85,000 and extend the contract to October 31, 2012


I concur with the requested action. Agenda Item No. 1.l.

Program Code: 6020205 Date: 03/20/12

131


132

AGENDA


Agenda Category: Consent – Land Use & Transportation Agenda Title: APPROVE AMENDMENT TO THE TRAFFIC IMPACT FEE

BASE REPORT Presented by: Andrew Singelakis, Director of Land Use & Transportation SUMMARY (Attach Supporting Documents if Necessary)

This proposal refers to the Traffic Impact Fee, and is not associated with the Transportation Development Tax (TDT). The proposed amendment would allow existing Traffic Impact Fee revenues to be spent on these facilities. On November 10, 1998, the Board of County Commissioners adopted Ordinance 534, which allows amendments to the Traffic Impact Fee (TIF) Base Report by adoption of a Resolution and Order. While TIF revenue collection has generally been replaced with the TDT, the cities still have existing TIF funds available to spend on transportation improvements. This Resolution and Order would add three facilities consistent with adopted transportation system plans to the TIF Base Report. These requests come from the City of Beaverton, City of Hillsboro, and City of Wilsonville as recommended by the Washington County Coordinating Committee. Copies of the amended Traffic Impact Fee Base Report (Exhibit A of the Resolution and Order) will be provided under separate cover and will also be available at the clerk’s desk. Attachments: A. Summary of Revised TIF Base Report showing changes B. Washington County Coordinating Committee Memorandum

City of Beaverton Request City of Hillsboro Request City of Wilsonville Request

C. Resolution and Order


Adopt the proposed amendments to the TIF Base Report and sign the Resolution and Order memorializing the action.



Agenda Item No. 1.m.

100-601000 Date: 03/20/12

133

RO

AD

NA

ME

SE

CT

ION

CO

UN

TY

TP

UC

ITY

PR

OP

OS

ED

JUR

ISD

ICT

ION

EX

IST

FU

TU

RE

BIK

EF

UN

C. C

LA

SS

FU

NC

. CL

AS

SL

AN

ES

LA

NE

SL

AN

ES

253R

DE

VE

RG

RE

EN

TO

ME

EK

CO

LLE

CT

OR

HIL

LSB

OR

O0

3Y

BO

ON

ES

FE

RR

Y95

TH

INT

ER

SE

CT

ION

AR

TE

RIA

LW

ILS

ON

VIL

LE0

5Y

HO

CK

EN

LRT

TO

HA

LLC

OLL

EC

TO

RB

EA

VE

RT

ON

23

Y

EL

IGIB

LE

FA

CIL

ITY

AD

DIT

ION

SC

OU

NT

YW

IDE

TR

AF

FIC

IMP

AC

T F

EE

134

lindasc

Text Box

Attachment A

WASHINGTON COUNTY OREGON

Department of Land Use & Transportation Long Range Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97214-3072

phone: (503) 846-3964 fax: (503) 846-4412

Memorandum

To: Washington County Coordinating Committee

From: Steve L Kelley, Senior Transportation Planner

Date: November 23, 2011

Re: Traffic Impact Fee – Additions to the Base Report City of Beaverton – Traffic Impact Fee Expenditure Request

This proposal refers to the Traffic Impact Fee, and is not associated with the Transportation Development Tax. Washington County staff has been asked to update the Traffic Impact Fee (TIF) Base Report and provide an opportunity for jurisdictions to add streets or street segments. This update is only for the TIF program, and has no relationship to the transportation development tax. The Base Report is the appendix to the TIF that lists eligible roadways for revenue expenditure and/or credits. Facilities on the Base Report must be classified in a transportation system plan as arterials or collectors. The WCCC Transportation Advisory Committee (WCCC TAC) has discussed the changes to the Base Report at several meetings. Attached is a copy of the requested modifications to the Base Report. There are three project additions, one each from Beaverton, Hillsboro and Wilsonville. The Board of County Commissioners may amend the Base Report by Resolution and Order as described in Section 3.17.120 of the Washington County Code. The WCCC TAC has reviewed the proposed changes to the TIF Base Report contained in the attachments and recommends that the WCCC forward them to the Board with a recommendation for approval. In addition, the City of Beaverton has attached a Traffic Impact Fee expenditure request. The proposed use of TIF funds was reviewed by the WCCC TAC, and it was recommended that the WCCC authorize the expenditure.

Attachments

135

lindasc

Text Box

Attachment B

136

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

137

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

lindasc

Pencil

Planning Department150 E. Main Street, 4th Floor

Hillsboro, Oregon 97123-3999Phone: 503/681-6451 FAX: 503/681-6245

CITY OF HILLSBORO

October 20, 2011 Washington County Department of Land Use and Transportation 155 N. First Avenue, Suite 350 Hillsboro, OR 97124-3072 Attn: Mr. Steve L. Kelley Transportation Planner RE: Request to Modify the Traffic Impact Fee Base Report Proposed Addition: NW 253rd Avenue Improvements (Evergreen Rd to Meek Rd) The City of Hillsboro requests the consideration of the Washington County Coordinating Committee and Board of County Commissioners to include NW 253rd Avenue as a new Collector roadway on the adopted TIF Base Report, extending from NW Evergreen Road to NW Meek Road. Exhibit A illustrates the extents and location of the project. This new Collector roadway will be a critical resource in serving the Regionally Significant Industrial land adjacent to the roadway and within the current Urban Growth Boundary (UGB), as well as provide viable access for serving anticipated future Industrial Urban Growth Boundary expansion along NW Meek Road where the Region is poised to approve a request for 330 acres of new Industrial land. The NW 253rd Avenue extension would also allow for the concurrent closure of the existing connection of NW Meek Road to NW Brookwood Parkway where the combination of tight intersection spacing, travel speeds on NW Brookwood Parkway, and limited sight distance at the interchange result in challenging safety and operational conditions. Thank you for your consideration of this request.

Don Odermott, PE Transportation Planning Engineer Attachment: Exhibit A

138

Exhibit A

139

1 - RESOLUTION AND ORDER

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

Page

IN THE BOARD OF COMMISSIONERS

FOR WASHINGTON COUNTY, OREGON

In the Matter of Amending the TIF Base ) RESOLUTION AND ORDER Report to Add Transportation Facilities )

) No._____________________

This matter having come before the Board at its regular meeting of March 20, 2012; and

It appearing to the Board that the Traffic Impact Fee (TIF), as adopted by the Board,

ratified by the voters, and, as further amended, incorporates by reference the Base Report,

which lists transportation facilities and projects within the County eligible for funding with

TIF revenues; and

It appearing to the Board that, notwithstanding the adoption of the Transportation

Development Tax, Ordinance 691A-Engrossed, the Traffic Impact Fee remains in effect to

govern use of revenues collected under TIF, pursuant to County Code Section 3.17.160D; and

It appearing to the Board that amendments to the TIF Base Report may be made by

Resolution and Order of this Board, provided that they meet certain requirements as set forth

in former County Code Section 3.17.120; and

It appearing that the Board has been advised and has received recommendations

regarding amendment of the TIF Base Report from the Department of Land Use and

Transportation and the Cities, and that Exhibit “A,” attached hereto and by this reference

incorporated herein, consisting of Tables 1 through 4, in which additions are shown as

underlined and deletions by strike-through, contains appropriate amendments to the TIF Base

Report; now, therefore, it is

142

Attachment C

2 - RESOLUTION AND ORDER WASHINGTON COUNTY COUNSEL 155 N. FIRST AVENUE, SUITE 340 ~ MS #24


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

Page

RESOLVED AND ORDERED that this Board finds that the additional facilities in

Exhibit “A” are arterial or collector facilities that have been adopted in the appropriate city or

county transportation plan; that Exhibit “A” contains sufficient information regarding the

additional facilities and projects, consistent with prior editions of the TIF Base Report; and that

there is an identified future capacity need for the additional projects therein, due to development

occurring after August, 1990; and it is further

RESOLVED AND ORDERED that the Traffic Impact Fee Base Report is hereby

amended as provided in Exhibit “A” hereto. The remainder of the Base Report shall not be

affected by this amendment and shall remain in full force and effect.

DATED this 20th day of March, 2012.

BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON ________________________________________ CHAIRMAN ________________________________________ RECORDING SECRETARY

143


144

AGENDA


Agenda Category: Consent - County Administrative Office (All CPO) Agenda Title: AUTHORIZE REIMBURSEMENT OF LEGAL EXPENSES Presented by: Robert Davis, County Administrator SUMMARY (Attach Supporting Documents if Necessary) The Board of Commissioners adopted Policy and Procedural Guidelines in 1996 (see below) regarding the retention of independent legal counsel by County employees and officials. While the Oregon Tort Claims Act (OTCA) requires the County to provide County officials and employees with a legal defense in tort claims arising from the performance of their official duties, this policy recognizes that it may be in the public interest to pay for legal representation for officials and employees in certain circumstances arising from their official duties that are not covered by the OTCA. Pursuant to the Policy and Procedural Guidelines, District Attorney Robert Hermann has submitted a written request (attached) for the County to pay his legal representation regarding a case (State v. Donn Spinosa) that he prosecuted as District Attorney. Mr. Hermann has indicated that the estimated cost for this representation is $8,000 to $10,000.

Policy and Procedural Guidelines

It is within the Board's sole discretion to consider requests to pay for legal representation for County officials and employees involving circumstances arising from their official duties but not covered under the OTCA. The Board has determined that it is in the public interest that County officials and employees be free of fear of personal financial hardship associated with such matters.

(Continued)


That your Board authorize reimbursement of legal expenses for District Attorney Hermann as requested. County Counsel has reviewed this request and concurs with this recommendation.

Agenda Item No. 1.n.

Date: 03/20/12

145

AUTHORIZE REIMBURSEMENT OF LEGAL EXPENSES BCC 03/20/12

However, nothing in this policy should be construed to entitle any County official or employee to a legal defense or representation, nor is it the intent of the Board in adopting this policy to pay for independent legal counsel for a County official or employee involving matters for which the County has established formal administrative procedures and processes, including but not limited to Article 5 (Conduct, Discipline and Appeals) and Article 10 (Non-Disciplinary Appeals Procedure) of the County Personnel Rules and Regulations, and the County's Reporting of Improper Governmental Conduct ("whistle blowing") policy.

Further, the Board shall in all cases, in the light of new or additional information, retain the right to revisit and alter any decision to pay for a defense or representation and, in so doing, seek reimbursement of any public monies expended and, if warranted, pursue disciplinary action through appropriate channels.

A request for the County to pay for legal representation must be submitted in writing to the County Administrator, who will consult with County Counsel and forward the request to the Board of Commissioners with or without a recommendation. Any such request must be submitted by the official or employee at the earliest opportunity and, preferably, prior to the employee or official making any arrangement for representation or incurring any cost or payment obligation.

146


148

AGENDA


Agenda Category: Consent Agenda Agenda Title: RENEWAL OF LEASE AGREEMENTS FOR FY 2012-13 Presented by: Candance Paradis, Facilities & Park Services Manager SUMMARY Several of the real property leases for county occupied space expire on or before June 30, 2012. Negotiations have been concluded with all of the appropriate Landlords for space requirements for fiscal year 2012-13. The attached list shows the present rate, proposed rent, percent change, and other relevant information regarding leases to be continued after June 30, 2012. Property tax exemptions will be applied for as appropriate. The lease for the Department of Health & Human Services for the Tigard Detox Center is with CODA, Inc. The lease reflects an amendment for an additional one-year period at the existing amount of $3,050 per month. Washington County receives the lease payments though both Washington and Clackamas Counties own the facility. The lease for Community Development of 2961 square feet of space at 328 West Main Street, Hillsboro, reflects a new lease agreement for a three-year period at the existing lease rate of $2961 per month. This lease is between Washington County and Zurbrugg Development. The lease for Vision Action Network for 790 square feet of space at 3700 SW Murray Boulevard, Suite 190, Beaverton (Service Center East) reflects a renewal of the existing agreement for a two-year period. The noted departments have appropriated funds for the lease expenses within their respective FY 12-13 budgets.

DEPARTMENT’S REQUESTED ACTION:Request approval of the attached real property leases and authorize the County Administrator to execute the leases.



Agenda Item No. 1.o.

Date: 03/20/12

149

REAL PROPERTY LEASES Fiscal Year 2011-12

DEPARTMENT/AGENCY PRESENT RENT PER

MONTH

PROPOSED RENT PER

MONTH

PERCENT CHANGE

REMARKS

Leased by: Community Development 328 West Main Hillsboro, OR 2961 Sq. Ft. COUNTY-OWNED Leased to: Tigard Detox CODA, Inc. 10362 McDonald Road Tigard, Oregon 5,257 Sq. Ft. Vision Action Network 3700 Murray Boulevard, Suite 190 Beaverton, OR 97006

2,961

$3,050

$0

$2,961

$3,050

$0

0%

0%

0%

Renewal of lease agreement for the period of July 1, 2012, through June 30, 2015. Lease amendment for the period of July 1, 2012, through June 30, 2013. Renewal of lease agreement for the period of July 1, 2012, through June 30, 2014.

150

AGENDA


Agenda Category: Consent Agenda – Cooperative Library Services (CPO All) Agenda Title: APPROVE SUPPLEMENTAL DISTRIBUTION OF FUNDS FOR

FY11-12 THROUGH THE PUBLIC LIBRARY SERVICES AGREEMENT

Presented by: Eva Calcagno, Cooperative Library Services Manager SUMMARY (Attach Supporting Documents if Necessary) The Public Library Services Agreem ent define s the responsibilities of the W ashington Count y Cooperative Library Services (WCCLS) and the nine cities and tw o non-profit organizations that provide public library service to county resident s. The agreem ent also outlines the central support services provided by W CCLS to member libraries, and serv es as the prim ary vehicle for distribution of county funds to public library service providers. Your Board approved a revised Agreem ent on June 21, 2011 (MO#11-165) covering the sam e five-year period as the WCCLS Local Opti on Levy, July 1, 2011 through June 30, 2016. The Agreement includes a two-part funding strateg y. MO#11- 165 included approval of the prim ary public library funding distribution, Pool 1, for the five-year term. An optional Pool 2 fund is to be determ ined annually by the WCCLS Executive Board after WCCLS revenues are confirm ed. The W CCLS Ex ecutive Board could choose to distribute additional funds in Pool 2 to address increases in library use, address projects of countywide benefit, or carry-forward funds for future dist ribution. When your Board approved the five-year Agreement, I noted that I would present the Pool 2 distribution to your Board for approval at a later date. The Executive Board has determined that $117,028 should be distributed this fiscal year to the four libraries that experienced above average circulation increases in FY10-11. These are Banks, Beaverton, Cedar Mill and North Plains libraries. The amounts are detailed below. Funds to cover this are included in the FY11-12 Adopted Budget. (continued) DEPARTMENT’S REQUESTED ACTION:

Approve the Pool 2 funding distribution of $117,028 through the Public Library Services Agreement for FY11-12. COUNTY ADMINISTRATOR’S RECOMMENDATION:


Agenda Item No. 1.p.

Date: 03/20/12

151

APPROVE SUPPLEMENTAL DISTRIBUTION OF FUNDS FOR FY11-12 THROUGH THE PUBLIC LIBRARY SERVICES AGREEMENT BOC 03/20/12 WCCLS Pool 2 Distribution FY11-12 Libraries with circulation increases greater than County average of 13.72%.

In FY11-12, four libraries qualify: Banks, Beaverton, Cedar Mill and North Plains.

Library FY10-11 FY09-10 Total

IncreaseTotal % increase

Circ increase to

County average of

13.72%

Circ increase beyond 13.72% average

% of Circ

increase beyond average

Banks 74,798 57,433 17,365 30.24% 7880 9,485 2.8%Beaverton 3,373,916 2,701,583 672,333 24.89% 370657 301,676 90.1%Cedar Mill 2,508,615 2,192,702 315,913 14.41% 300839 15,074 4.5%North Plains 55,809 41,463 14,346 34.60% 5689 8,657 2.6%4-Library total 334,893 100.00%

Below is how the $117,028 in Pool 2 funding would be distributed:

Library

% of Circ increase beyond average

Amount of Pool 2

distribution Banks 2.83% $3,315 Beaverton 90.08% $105,420 Cedar Mill 4.50% $5,268 North Plains 2.59% $3,025 Totals 100.00% $117,028

152

AGENDA


Agenda Category:

Consent – Service District for Lighting No. 1 A County Service District (CPO 7)

Agenda Title: FORM ASSESSMENT AREA, AUTHORIZE MAXIMUM ANNUAL

ASSESSMENT, AND IMPOSE A FIRST YEAR ASSESSMENT FOR ARBOR LAKES 4A AKA ARBOR LAKES 5

Presented by: Andrew Singelakis, Director - Department of Land Use & Transportation SUMMARY (Attach Supporting Documents if Necessary) A petition has been received requesting the installation of street lighting service for ARBOR LAKES 4A AKA ARBOR LAKES 5. The petitioners have presented a signed agreement waiving a public hearing and their right to remonstrate against the improvements. A signed continuing request for street lighting service has also been provided. Attachments: 1. Resolution and Order

2. Petition for Streetlighting Service – Exhibit A 3. Street Lighting Proposal – Exhibit B 4. Waiver and Continuing Request – Exhibit C 5. Assessment Area Map and Vicinity Map – Exhibit D


By Resolution and Order, (1) accept the petition(s), (2) form area as an assessment area within the Service District for Lighting, and (3) authorize maximum annual assessment and impose a first year assessment.


Agenda Item No.

Program Code: 168-606005 Date: 03/20/12

153




1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

IN THE WASHINGTON COUNTY SERVICE DISTRICT

FOR LIGHTING (No. SDL-1) In the Matter of Creating an Assessment Area, ) Ordering Installation, Operation and Maintenance ) RESOLUTION AND ORDER of Street Lighting Facilities; Establishing a ) Maximum Annual Assessment and Imposing a First ) NO. Year Assessment for ARBOR LAKES 4A AKA ) ARBOR LAKES 5 )

This matter having come before the Board of Directors of the Service District For

Lighting No.1, a county service district, at its meeting of March 20, 2012; and

It appearing to the Board that 100% of the property owners in the proposed assessment

area described in Exhibit A, known as the ARBOR LAKES 4A AKA ARBOR LAKES 5

development, have requested by petition that their property be included in an assessment area for

purposes of installing, operating and maintaining street lighting facilities and that said facilities

be financed by special assessments on their property; and

It appearing to the Board that 100% of the property owners voluntarily have waived their

right to notice, hearing remonstrance and referendum, and consent to assessment as set forth

herein; and

It appearing to the Board that the street lighting facilities described in Exhibit B, will be a

special benefit to the properties and that the assessment method and amounts represent a

reasonably fair and equitable manner for apportioning costs in relation to benefit; now, therefore

it is

RESOLVED AND ORDERED that the assessment area described in Exhibit C hereby is

established, and, that the facilities described in Exhibit B, shall be installed, operated and

154




1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

maintained as described therein; and it is further

RESOLVED AND ORDERED that the assessment method, maximum annual assessment

amount and first year assessments shown in Exhibit B hereby are adopted, levied and imposed.

Said first assessment shall be placed on the tax rolls and collected in the same manner as ad

valorem property taxes as provided by law if not otherwise paid by July 1, and, it is further

RESOLVED AND ORDERED that, for purposes of Section 11b, Article XI of the

Oregon Constitution, said annual assessment amounts hereby are classified as “taxes levied or

imposed for the purpose of funding government operations” subject to the limit of $5 per $1000

of real market value; and it is further

RESOLVED AND ORDERED that the maximum annual assessment may be increased

after newspaper notice and public hearing to pass through direct cost increases for administration

and electricity as provided by Ordinance No. 3; and it is further

RESOLVED AND ORDERED that the County Administrator, or his designee, shall take

steps to place matter of record and such other steps as are necessary to implement this Resolution

and Order.

DATED this 20th day of March 2012.

BOARD OF DIRECTORS FOR

WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING (No. SDL-1) CHAIRMAN RECORDING SECRETARY

155

PROPOSAL TO INSTALL, OPERATE AND MAINTAIN STREET LIGHTING WASHINGTON COUNTY SERVICE DISTRICT FOR LIGHTING NO. SDL-1

WASHINGTON COUNTY, OREGON

ARBOR LAKES 4A AKA ARBOR LAKES 5 PART I. DESCRIPTION OF PROPOSED ASSESSMENT AREA - Currently, tax lot 1N117C 600 AND 1N118DA 11800, 11900 PART II. ESTIMATED COST OF SERVICE FOR FISCAL YEAR 2011-12

A. Monthly Cost of Service

1. Lights (10-150 W / 16,000 L, HPS Acorn Luminaries) @ $9.33 each $ 93.30

2. Poles (10-14 ft. Black Fluted Aluminum Poles) @ $.37 each $ 3.70

3. Total (Lights and Poles) $ 97.00

B. Annual Cost of Service

1. Streetlights and Poles ($97.00 x 12 Months) $ 1164.00

2. Administration ($2.00 x 27 Lots) $ 54.00 3. Annual Cost for Service Area $ 1218.00 4. Base Annual Cost Per Lot ($1218.00 / 27 Lots) $ 45.11

5. Total Annual Cost Per Lot $ 45.11

C. Maximum Annual Assessment $ 90.22 PART III. LOCATION OF LIGHTS AND POLES

Per attached Service Area Map

EXHIBIT B Page 1 of 1

157