Tualatin Valley Water District (TVWD) and Beaverton ~ IG217001 ~ Bradley Corners IGA AGREEMENT BETWEEN TUALATIN VALLEY WATER DISTRICT, CITY OF BEAVERTON
AND THE CITY OF TIGARD FOR THE BRADLEY CORNERS EMERGENCY INTERTIES
This Agreement is made between the Tualatin Valley Water District(TVWD),the City of Beaverton
(Beaverton) and the City of Tigard (Tigard),sometimes referred to as Party or Parties, effective the 31st
day of August, 2020.
RECITALS
WHEREAS,the City of Portland (Portland)owns,operates and maintains a 24-inch diameter water line
and related water system facility assets that terminates at the intersection of SW Hall Boulevard,SW
Oleson Road, and SW Greenburg Road, commonly referred to as Bradley Corners; and,
WHEREAS,the Portland water line and water system related facilities(Bradley Corners Waterline)were
constructed at the expense of the Parties, or their predecessors, pursuant to an Agreement dated March
12, 1973, and the Bradley Corners Waterline has since been used to provide TVWD and Tigard with
Portland water at various connection points to their water systems pursuant to long term wholesale
water supply contracts (Regional Water Sales Agreements); and,
WHEREAS, by Supplemental Agreement between TVWD's predecessor(Metzger Water District)and
Beaverton, Beaverton was granted an opportunity to connect to the Bradley Corners Waterline to
obtain Portland water if Beaverton built a connection to the Bradley Corners Waterline and entered into
a Regional Water Sales Agreement with Portland; and,
WHEREAS,the Regional Water Sales Agreement between Portland and TVWD is in place until 2026; and
WHEREAS,the Portland and Tigard Regional Water Sales Agreement expired in 2016, but Tigard wishes
to continue an emergency connection with the Bradley Corners Waterline; and,
WHEREAS,the City of Portland has a small number of Portland water users on the Bradley Corners
Waterline and has agreed to transfer it to TVWD for use by TVWD for its water users and to provide
water service to Portland customers during the remaining term of the Regional Water Sales Agreement,
which is 2026; and
WHEREAS, after 2026,TVWD will convey Willamette River water to its service area when the Willamette
Water Supply System (WWSS) begins and use the Bradley Corner Waterline to serve its customers and
Portland customers on that same waterline; and,
WHEREAS,each Party has and will make significant infrastructure investments in the Bradley Corners
Waterline; and
WHEREAS, interconnection of the infrastructure would enable the Parties to receive water from three
sources; and,
WHEREAS, City of Beaverton is constructing new facilities in Hall Blvd; and,
WHEREAS,the Parties wish to provide for the design and construction of efficient and effective
emergency, or supplemental interties of their respective water systems at the Bradley Corner Waterline
terminus as further described below,which involves modification of existing facilities and construction
of new facilities to provide reliable and redundant water supply between the Parties.
AGREEMENT
1. Consultant Retention.
The Parties,through TVWD, agree to retain Murraysmith to perform the following work:
A. A feasibility study and recommendations to the Parties regarding interties to transfer water to
and from the Parties during emergency events, as described in Section 4 below,when a Party's
primary water source is unavailable. The feasibility study will consider and make
recommendations regarding, among other matters: (a)the existing connection and transfer of
water between TVWD and Tigard at the Bradley Corners Waterline; (b)the connection and
transfer of water between TVWD and Beaverton at the Bradley Corners Waterline; (c) the
connection and transfer between Tigard and Beaverton at the Bradley Corners Waterline; and
(d) a sub-regional hydraulic model to analyze potential emergency supply scenarios.
Murraysmith will conduct such modelling as approved by the Parties to determine the duration,
range of flows and pressures available to each Party.
B. When the Parties have reviewed the Murraysmith study and recommendations and agreed
upon the scope of work, Beaverton shall provide design directions to Willamette Water Supply
Program (WWSP) for an intertie to the Tigard system. The scope of work, budget, and payment
of fees and costs will be included in a separate construction agreement between Beaverton and
Tigard, as negotiated. Similarly,TVWD shall provide design directions to WWSP to modify
configurations to the existing connection to allow emergency water to flow to the Tigard
system. if the study recommends connection between Beaverton and TVWD,and this
recommendation is agreed to by Beaverton and TVWD,TVWD shall provide design directions to
WWSP for such connection. Costs associated with design and construction of specific
connections shall be negotiated between affected partners.
C. The Parties agree that time is of the essence to ensure the TVWD project MPE 1.0 stays on
schedule, and that Murraysmith will complete the work by 09/30/2020 unless the schedule is
extended by mutual agreement.
2. Consultant Fees and Costs.
TVWD agrees to contract with Murraysmith for the work described in this Agreement at a cost
of$109,996. The Parties shall pay Murraysmith fees and costs on the basis of TVWD(33%),
Tigard (33%)and Beaverton (34%). TVWD will pay the undisputed amount of any invoice
received from Murraysmith and will in turn send a copy of the Murraysmith invoice to Tigard
and Beaverton for payment of their respective shares. Tigard and Beaverton will pay their share
of the invoice to TVWD within 30 days of receipt.
3. Project Management.
The Parties shall jointly direct Murraysmith in the performance of its services. Each Party shall
appoint a project manager:
TVWD Tigard Beaverton
Nick Augustus John Goodrich David Winship
1850 SW 170`' 8777 SW Burnham St. Po Box 4755
Beaverton, Or Tigard, Or Beaverton, Or
97003 97223 97076
Ph. (971)327-6292 (503) 718-2609 (503)526-2434
Nick.Augustus@Tvwd.org johng@tigard-or.gov dwinship@beavertonoregon.gov
4. Emergency Supply,
A. The Parties agree that the primary goal until 2026 is to provide emergency water to each
other utilizing multiple sources to the extent available, such as the Portland Water Bureau
through 2026,the Joint Water Commission, and the Clackamas River.
B. Emergency shall mean unforeseen inability to provide water to a Party's water system users
because of main breaks, boil water notices and contamination, or interruption of a Party's
water source. It may also include planned water shutdowns for construction, repair, or
replacement at mutually agreed times.
C. Each Party agrees to provide emergency supply to each other to the extent possible without
adverse impact to its own water system users. Until 2026,TVWD agrees to provide
emergency water to Tigard and Beaverton through the existing connection at Bradley
Corners. Similarly,Tigard agrees to provide emergency water to TVWD and Beaverton at
Bradley Corners to the extent feasible and without adverse impact to Tigard's water system
users. As those additional interconnections are expanded with construction of new
facilities,then the Parties making those connections and providing additional sources shall
provide emergency water supply.
D. Any Party receiving emergency water agrees to indemnify and hold harmless the providing
Party from adverse financial or operational impacts directly caused by the provision of
emergency water.
E. Upon completion of construction of the facilities to provide the interconnections described
in Section 1.A., the Parties will execute a new Emergency Supply Agreement. Rates or
charges for emergency supply shall be included in this new Emergency Supply Agreement.
5. Supplemental Supply.
The Parties agree that any future supplemental water use at an intertie connection will be under
separate agreement(s) based on each Parties water needs and the desire by another Party to
provide available water supply. This Agreement does not commit any Party to provide
supplemental water to any of the other Parties. The feasibility study in Section 1 of this
Agreement is intended to provide design parameters to support emergency interties. Any
additional technical analysis necessary to support supplemental water supply will be under
separate consultant contracts resourced by affected Parties.
6. Notices.
Any notice required shall be in writing and received by the other Project Managers at the
addresses set forth in Section 3. Notice may be hand delivered or sent by first class US Mail,
postage prepaid. Electronic notice shall be sufficient if the original written notice is
subsequently placed in the mail for delivery.
7. Term and Termination.
A. The term of this Agreement is through June 30, 2026,or until the Willamette Water Supply
System is operational and delivering water to Bradley Corners,whichever occurs first. Upon
the change from Portland water to Willamette River water,the Parties will execute a new
Emergency Water Supply Agreement to account for this new source and the construction of
new facilities by Beaverton and Tigard.
B. Upon breach of this Agreement,following 10 days'written notice for non-payment or 30
days for all other breaches,the non-defaulting Party may terminate this Agreement. In such
case,the Murraysmith work will be suspended or terminated for convenience by TVWD.
Each Party shall be responsible for its allocated share of the Murraysmith agreement and
such obligation will survive termination of this Agreement.
C. If a Party breaches this Agreement regarding the terms and use of emergency water supply,
then that Party shall not be entitled to call for emergency water supply until the breach has
been cured.
8. Disputes.
A. Any dispute shall be resolved at the project management level at the earliest possible time.
B. If the dispute cannot be resolved,then any Project Manager may request executive
negotiation by written notice. Within 10 days of receipt of notice, unless otherwise
mutually agreed,the TVWD Chief Executive Officer, Mayor or City Manager of Beaverton,
and City Manager for Tigard shall meet to resolve the dispute.
C. If the dispute is not resolved,then any Party may pursue legal and equitable relief under
Oregon law.
D. The Parties agree that jurisdiction and venue for any legal proceedings shall be in the Circuit
Court of the State of Oregon for Washington County. In any legal proceedings, each Party
shall be responsible for its own attorney fees.
9. Amendment.
This Agreement may be amended only in writing signed by all Parties.
10. Third Party Beneficiary.
The Parties acknowledge that Tigard is a member of the Lake Oswego-Tigard Water Partnership
(LO-T)and agree that the City of Lake Oswego is a beneficiary of the emergency connections in
this Agreement, either by taking water from TVWD or Beaverton supply sources, or by providing
water to TVWD or Beaverton from LO-T supply sources.
11. Mutual Agreement and Cooperation.
The Parties agree to Cooperate in good faith to:respond to Murraysmith as needed, obtain and
issue permits and approvals in a timely manner,and accomplish other steps necessary to
complete their work as identified in this IGA.
Tualatin Valley Water District City of Tigard City of Beaverton
By: By: --
Tom Hickmann,CEO Marty Wine,City Manager Dennis Doyle,Mayor
Approved as to Form: Approved as to Form: Approved as to Form:
a
District Counsel City Attorney City Attor'nby