5123
FORM 6.177,
COMMISSIONERS
M. K. MCIVER, CHAIRMAN - W. C. WILLIAMS .
PORTLAND STATE HIGHWAY ENOINEER
KENNETH N. FRIDLEY. MHMBER~ FORREST COOPER
WASCO ■`{.a■■ 'I I,.r ■ DE►UTY STATE HWY. ENCR.
GLENN L. JACKSON, MaMeaR "
MEDFORD - LEONARD I. LINDAS
STATE OF OREGON CHIEF CavM{EL
FLOYD QUERY, SECRETARY '
SALEM
STATE HIGHWAY DEPARTMENT
SALEM
October 18, 1960
Tigard Water District
8841 S. W. Commercial Street
Tigard 23, Oregon
Gentlemen:
We are enclosing, herewith, one fully executed copy of
Pipe Line Permit No. 51:23.
This permit is intended to cover the location and con-
struction of a twelve-inch water line along and across the
Beaverton-Tualatin Highway between Tigard and Mountain View
Road, and more particularly described as being between Mile
Post 5.53 and 11ile Post 5..56.
Very truly yours,
R. B. Sipprell
Director of Permits
By
J.
L. Huffman
hsst. Utilities Permit Engineer
dw
Encl.
cc: Mr. A. E. Johnson
Mr. B. P. Huntley
141 OREGON STATE HIGHWAY COMMISSION
9-30-60 PIPS LINE PERMIT AGREMENT
RPH:&t
NCT IN NATIONAL FCREST Pipe Line Permit No.
WHEREAS, Tigard Water District, , hereinafter
called Permittee, of 8811 S. -W.' Commercial Street, Tigard 23 , Oregon, has
filed an application with the Oregon State Highway Engineer under the provisions of
oRS 374.305 to 374.325 for permission to install a twelve (12) inch
pipe line, for the transmission of water , upon the right of way of the
Beaverton-Tualatin #141 highway in Washington County, Oregon,
between/s64mm Mgard . and INit. View Road ,
and more particularly described as being between/at Post No. 5.53
(Highway Engineer's Station - and Mile Post No. 5.56 (Highway
Engineer's Station as shown on the map which is attached hereto, and
by this reference made a part hereof; and also one crossing
WHEREAS, the application has been fully considered by the Oregon State Highway En-
gineer, and it is the opinion and judgment of the said State Highway Engineer that the.
said application should be granted, and that a permit agreement as requested should be
issued;
THEREFORE, the application of Tigard Water District ,
Permittee, for permission to install the said pipe line along/across the right of way. of .
the said highway at the aforementioned location hereby is approved and a permit agreement
for such purpose hereby is granted to the said Tigard Water District ,
Permittee, subject to and upon the following con ' ions; terms, requirements-and agree-
ments, and not otherwise:.
GENERAL PROVISIONS
14 The word "Commission" as used herein shall mean the Oregon State Highway Com-
;dssion.
2. The word "Engineer" as used herein shall mean the State Highway Engineer or his
duly authorized representative.
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3. The words "pipe linen as used herein shall mean any and all pipe line or
lines or other facilities authorized by this permit agreements
4. The Permittee herein agrees to employ any and all methods in the con-
struction of the said pipe line which the Engineer may require in order to properly
protect the highway from damage both during the construction of the said pipe line and
subsequent to its completion.
5. During the installation or construction of the said.pips line, and during
the repair, removal, or relocation of the said pipe line, the Permittee shall at all
times maintain such watchman or watchmen, barricades, and other safety devices as may-
be necessary to properly protect traffic upon the said highway, and to warn and safe-
guard the public against injury or damage resulting from the operations of the said
Permittee in the construction and maintenance of the said pipe line. The Permittee
shall place and maintain lighted warning lights on all barricades and obstructions
during the hours between sunset and sunrise.
6. The Permittee shall indemnify and hold harmless the State, the State
Highway Commission, the members thereof, and all officers, employees or agents of the
State or the State Highway Commission, against any and all damages, claims, demands,
actions, causes of action, costs, and expenses of *hatsoever nature which may result
from, any injury to or the death of any person, or from the loss of, or damage to, prop-
erty of any kind or nature, including the highway and highway facilities or structures,
property or equipment used or owned by the State or the State Highway Department, and
facilities such as wires, lines, poles or pipe lines, which now or may hereafter occupy
the right of way of the said highway, when such injury, death, loss or damage is due to
the existence of the said pipe line, or to the construction, installation, maintenance,
repaisr,'removal, relocation, operation or use thereof, or to the contents therein or
therefrom.
7. The Permittee shall so conduct his construction operations that there will
be no interference with or interruption of traffic upon and along the highway. The En-
gineer may specify details in connection with the handling of traffic and such speci-
fications shall be complied with by the Permittee.
8. The installation, construction and maintenance of the said pipe line is
subject to the paramount control of the legislature over the said highway and no right
or prtvilege herein granted shall be deemed or construed to be beyond the reach or auth-
ority of the legislature to control the said highway, and the Permittee in accepting
this permit accepts it knowing that the rights and privileges granted herein may at any
time be defeated-or abrogated by legislative act.
9. The said Permittee shall at all times keep the said pipe line free from
leaks and in a.good state of repair, so that no damage or injury will be done to the
said highway.
10. The entire cost of installing the said pipe line, including the cost of
materials, trenching, laying, backfilling, supervision, and inspection, and any other
expense whatsoever incident thereto, is to be paid by the said Permittee. The Permittee
shall, in addition, reimburse the Commission for any and all expenses that they may incur
in connection with the said installation. The reimbursement to the Commission shall be
made by the said Permittee within ten (10) days after receiving a statement therefor from
the Engineer.
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11. Any supervision or control exercised by the Engineer shall in no way relieve
the.Permittee from any duty or responsibility to the general public nor shall such,.
supervision or control relieve the said Permittee from any liability for loss, damage,
or injury to persons or property sustained by reason of the installation, maintenance,
or repair of the said pipe line, or in the removal or relocation thereof as hereinafter
provided, nor of the Permittee's liability for any damage to the said highway.
12. If for any reason it becomes necessary in the judgment of the Commission or
its Engineer to disconnect the said pipe line or any section thereof for the purpose of
repairing the said highway, or any work or improvement thereon, or if the said highway
is being-damaged or injured by reason of the presence of 'the said pipe line or'the seep-
age of gas or any liquid therefrom, the.Engineer may give the Permittee ten (10) days'
written notice to turn off the gas or liquid and should the said Permittee fail and
neglect to do so, then the Engineer may turn off the gas or liquid and disconnect. the
said pipe line, and by so doing neither the State, the Commission, its Engineer or other
officer,'agent, or employee shall be liable either personally or officially for any
damage or injury sustained thereby, either by the said Permittee, consumers, patrons,
or persons to whom the Permittee owes a responsibility or liability.
13. It is understood and agreed that the Commission, its Engineer, officers, agents,.
or employees shall not be held responsible or liable for injury or damage that may occur
to the said pipe line or any connection or connections thereto by reason of any.con-
struction or maintenance operations that may be carried on by or under the dir ectioa of
either the said Commission or any duly authorized representative of the said Commission,
or by any person constructing or installing, maintaining, repairing, operating, or using
any facility pursuant to a permit or permit agreement either heretofore or hereafter
issued by the Commission or Engineer.
PROVISIONS RELATING TO LIABILITY INSURANCE AND BOND
14. The Permittee shall obtain and carry, for the period of time required for the
complete installation of the said pipe line, including the repair and restoration of the
highway facilities, a liability and property damage insurance policy or policies pro-
viding for coverage against any claim, demand, suit,.or action for property damage, per-
sonal. injury,, or death resulting from any activities of the Permittee, his officers,
employees, agents, or contractors in connection with the construction or installation of
the-said pipe line and the repair and restoration of the highway facilities, and the
saiid"poli.cy or policies, in addition, shall include as named insureds the State of
Oregon; the Commis Sion and members thereof, its officers, agents, and employees, except
as to claims against the Permittee, for personal injury to any members of the Commission
or its officers, agents, and employees, or damage to any of its or their property. The
said insurance shall provide coverage in the following amounts: $ 50 000 for
property damage resulting from any single occurrence, and $ 100 000 or the eat or
injury of any person, subject to a limit of $ 200 000 or injuries or deaths re-
sulting from any single occurrence. The said insurance po cy or policies shall be in an
idsurance company duly authorized and licensed to do business in the State of Oregon. A
capy of the policy pr-policies, or a certificate evidencing the same,.shall be submitted
to the Director of-Permits, Oregon State Highway Department, Salem, Oregon, and approved
by him before any work is commenced under this permit agreement.
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15. In order. to assure full and faithful compliance with a.U of the''
terms, conditions, and obligations of this permit agreement, the Permittee
shall furnish for the period of time required for the complete installation of
said pipe line, including the repair and restoration of the highway facilities,
a bond in the sum of 1,000 , written by a surety company duly qua1-
ified and licensed to do business in the State of Oregon and in a form satis-
factory to the Engineer. No work shall be commenced under this permit agreement
until the said bond has been submitted to and approved by the Director of Permits,
Oregon State:Highway Department, Salem, Oregon.
PROVISIONS RELATING TO LOCATION, CONSTRUCTION, REMOVAL AND RELOCATION
16. The diameter of the pipe line to be installed shall not exceed
twelve ( 12 ) inches, and it shall be
cast iron pipe of a quality and condition satisfactory
to the Engineer.
.17• Trenching or tunneling nearer than four (4) feet from either edge
of the surfaced portion of the highway or the cutting and digging up of the paved
or macadamized portion of the said highway will not be permitted unless special
permission is first obtained from the Engineers No trench shall be excavated-
with a top width in excess of eighteen (18) inches more than the outside O.i.ameter
of the pipe to be installed, unless special permission is first obtained from the
Engineer.
18. The backfilling of all trenches and tunnels must be accomplished
immediately after the pipe line has been placed therein and must be well tamped
and fully compacted so as to allow the least possible amount of subsequent settle-
ment. All debris, refuse, and waste of all kinds which may have accumulated upon
the highway right of way by reason of the operations,of the Permittee must be
removed immPtiiatPly..upon._completion of said operations and the said highway right
of way must be restored to at least as good condition as it was prior to such
operations. All work in connection with the said pipe line construction must be
done in a neat and workmanlike manner and under the general supervision of the
Lingineer whose decision shall be final with respect to any of the conditions,
terms, stipulations, and provisions of this permit agreement.
19. Where the said pipeline is to be installed longitudinally along
the highway, it shall be constructed on the wester side of
the said highway right of way on a line parallel to and one ki. oot cL~.stant from the
westerly R/IJ e. )
20. Where the said pipe line crosses the highway, it shall be installed
on a line at an angle of ninety ( 90 ) degrees to the oenter-
line thereof, and at a depth to be specified by the Engineer.
v~-
21. Where the said pipe line creases under the surfaced portion of
the highway, the said pipe line shall either be driven or placed in a hole
bored under the surfacing for that purpose, the diameter of which hole shall
not exceed the outside diameter of the pipe to be placed therein, unless special
permission is obtained from the Engineer to out the improved surface.
22. At no point shall the top of the pipe line be less than
thirty ( 30 ) inches below the grade of the highway or beneath
the surface of the ground at that point, if the ground be lower than the grade of
the highway.
23. If at any time, in the opinion of the Comm fission, or Engineer, the
presence of the said pipe line is detrimental to the public use and interest in
the said highway or to the proper repair, maintenance, or reconstruction of the
same, or if, in order to better serve the public with an improved highway, it be-
comes necessary to reconstruct, widen, improve; or relocate the said highway across
or along the right of way on which the Permittee has located.a pipe line pursuant
to this agreement, and it becomes necessary, in order to acccooaplish arW of the
above mentioned purposes, for the said pipe line to be removed or relocated., the
Engineer shall give written notice to the Permittee to remove or relocate the said
pipe line. In the event that the pipe line is to be relocated upon the right of
way, the Engineer, in his written notice to the Permittee, shall designate the new
location for the said pipe line.
24. The Permittee agrees that upon receiving the said written notice
to remove or relocate the said pipe line that he will, within ten ,,,(10 )
days, make arrangements for the prompt removal or relocation of the said pe line,
at his sole cost, in accordance with the said written notice and instructions re-
ceived from the Engineer, and the Permittee agrees that before commencing any work
to remove or relocate the said pipe line he will again comply with all of the pro-
visions of Paragraphs 14 and 15 herein with respect to insurance and bond (if any).
25. The Permittee agrees that in the event that he fails, for azW reason,
to remove or relocate the said pipe line in compliance with the said written notice
and instructions from the Engineer, that the Engineer or his duly authorized rep-
resentatives may turn off arty gas or liquid that is being conveyed by the_:said pipe
line and may remove or relocate the said pipe line to the new location designated
by the Engineer. The Permittee:further agrees that.upon.the completion of*the said
removing or relocating of the'said line by the Engineer, and upon receiving a.state-
ment from th& Engineer as to the cost of removing or relocating of the said pipe
line,.he will immediately, or within a period of time to be agreed upon between the
Permittee and the Engineer, either in a lump sum or by such installments as may be
arranged between the parties in an executed "Supplemental Permit Agreement", pay to
the Commission the full amount of said removing.or relocating costs that have been
incurred by the Commission. The Permittee further agrees that in the event that he
fails, as provided in this paragraph, to pay the said costs incurred by the Commission
for the. removing or relocating of the said pipe line, oovered by this permit agree-
ment, and it becomes necessary for the Commission to commence an action or procesed
ing in a court of competent jurisdiction to recover the said removing or relocating,
costs that the Commission shall be entitled to recover in addition to the statutory
court costs and disbursements, such additional sum as the court may adjudge reason-
able for attorneys' fees to be allowed in such action or, proceeding.
_5~
26. It is further understood 'and agreed that, in the event it becomes,
necessary-for the Engineer to turn off the gas or liquids conveyed in said pipe
Sine in-,7rder to remove or relocate the. paid pipe line covered by this. permit
agreement, as set forth in Paragraph 24 hereof, that-neither the. State, the Com-
mission, its Ingineer'or any of its officers:, agents, or employyees' shall be liable
either personally or'officially for!any..damage.or injury sustalned"thereby, either
to the Permit}wee, consumers or patr6ns, or persons to whom the Permittee owes.a
responsibility os liability, and that the Permittee will, indemnify and' hold harm
leas the State; the Commission, and its Engineers, officers, employees; and agents,
from any such claims for damages or liability.
This. permit shall. be In effect for a period of twenty-five
( 25 ) years Prom and after the date hereof, unless sooner revoked y mutEU consen
or by:.the State Sighnay Engineer, for the failure of the Permittee to abide by the
terms and conditions of this pe~rkt hgreement, or by operation of the law. .This
permit- agreement. shall. not be effective unless, accepted in writing by the PexmLttee
on or before , 196
SPECIAL PROVISIONS
This permit is issued to cover the location, construction and maintenance of a twelve
(12) inch cast iron water pipe line located along the said highway right of way between
Mile Post 5.53 and Mile Post 5.146 and crossing the highway at Itile Post 5.56, all as
shown on the attached plan.
The said pine crossing of the highway will be a new installation, whereas that portion
of the pipe line paralleling the higIrray will be a replacement of an existing six (6)
inch water pipe line installed under the provisions of Pipe Line Permit No. 1392, issued
to the Tigard Water District on June 17, 1957. In this respect, that portion of Permit
No..14392 covering the section of existing six (6) inch pipe being replaced is hereby
cancelled and superseded by this permit.
The entire installation may be constructed by open-trench method, with exception of that
portion of the said pipe line to be located under the highway's paved surface. That
portion of the pipe line will be bored or driven under the paved surface. Trenching upon
or across any portion of the highway's paved surface will not be permitted.
Excess materials resulting from trenching operations shall be removed from the site.
Immediately after the pipe has been placed, the trench shall be backfilled by placing sand,
pit run gravel or other material satisfactory to the Engineer in layers, each of which
shall not exceed six (6) inches in depth, and each of the said layers shall be well
sprinkled and thoroughly compacted by tamping before additional layers are placed. The
top twelve (12) inches shall be composed of crushed gravel or rock material of a size and
quality to be specified by the State Highway Engineer or his duly authorized representative.
Disturbed highway shoulders shall be restored to a condition satisfactory to the Engineer
in all respects.
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SPECIAL PROVISIONS (Cont'd)
The open trench shall be properly barricaded at all times, red lights placed at night,
and flagmen, signs and such other facilities provided as may be needed to safeguard
and direct'the traveling public.
No work Mich interferes or conflicts with the traveled road shall at any time be
commenced or performed until a plan for the satisfactory handling of the traffic at
the place concerned has been worked out and approved by the District Maintenance
Superintendent of the State Highway Department stationed at Sylvan, Oregon.
Dated this 196 O .
Recommended for Approval: CffiEG TATS HIGHWAY COMMISSICN
By
District Maintenance Superintendent Assistant-State Highway Engineer
rj); - 7-
Di on- Weer
ACCEPTAM OF PST A( NT
In consideration of the benefits accruing to the Permittee by reason of the fare-
going permit agreement,, this said permit agreemdnt is hereby accepted by the Permittee,
and the said Permittee hereby agrees to comply with all of the terms, provisions, stip-
ulations, and conditions therein contained.
Dated this , 1960
TIGARD WATER DISTRICT
PERMITTU
By
By
tle
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89
Title:
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?tee
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TIGARD WATER DISTRICT
PROPOSED MAIN REPLACEMENT
HIGHWAY 217
score. 1"=100' Sep. I 9CO
Elden W. Corf-ar, Engi necr