Unified Sewerage Agency - Recycled Wastewater - Durham UNIFIED SEWERAGE AGENCY OF WASHINGTON COUN —f ";"3:
AGREEMENT FOR PROVISION OF RECYCLED WASTEWATER"
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Unified Sewerage Agency/City of Tigard I SEP 3 o 1,96
This Agreement is between the Unified Sewerage Agency of Wash ingtontj
Oregon, a county service district formed pursuant to ORS Chapter 451, 155NT&M-171rst----------
Avenue, Suite 270, Hillsboro, Oregon 97124 (hereinafter referred to as "Agency," and
City of Tigard, hereinafter referred to as "User".
RECITALS
A. Agency owns and operates the Durham Wastewater Treatment Plant, which
generates Level IV recycled wastewater (RWW), as defined in OAR Chapter 340,
Division 55. Agency desires to sell a portion of said RWW to User pursuant to
Agency's water pollution control efforts.
B. User owns approximately 50 acres of real property, more particularly described in
Exhibit A, attached hereto. User desires to acquire a portion of Agency's RWW for
use in irrigating said real property.
TERMS AND CONDITIONS
Agency agrees to provide RWW and User agrees to pay Agency for the use of said
RWW, according to the following terms and conditions:
1. Term
The term of this Agreement is for a period of 50 years commencing May 1, 1997
and ending April 1, 2047, unless otherwise terminated or extended as allowed
herein.
2. Delivery of Recycled Wastewater
a. Prior to delivery of RWW under this agreement, the parties shall prepare and
approve a Reclaimed Water Use Plan as required by OAR Chapter 340,
Division 55. Upon approval by the parties, the Plan shall be incorporated as
an attachment to this agreement, and all delivery and use of RWW shall
comply with the Plan.
b. Agency shall deliver, through a water meter provided by Agency, the RWW
to User's property for use in User's system on demand at a pressure of 60 psi
and a flow of approximately 300 gallons per minute. Agency shall not be
obligated to deliver RWW under this Agreement until it has completed,
tested, and accepted the pipeline to serve User's property, and User has
USA/Tigard RWW 1
fulfilled all payment obligations under the pipeline construction agreement.
3. Land to Receive Recycled Wastewater
During the term of this agreement, User shall use the RWW to irrigate the portion
of User's land identified in the Reclaimed Water Use Plan.
4. Quantity and Quality of Recycled Wastewater Available
During the term of this Agreement, Agency has 54,450 units (125 acre-feet) Level
IV quality RWW available. A unit shall be one hundred cubic feet (1CCF).
5. Quantity of Recycled Wastewater to be Used
User agrees to not to exceed 54,450 units (125 acre-feet) of use each year of the
RWW. One unit equals one hundred cubic feet or 748 gallons. User's use shall
occur between May 1 and October 30 of said year.
6. Price of Recycled Wastewater
Agency shall charge User based on the actual cost incurred in making the RWW
available. During the term of this Agreement, User shall pay Agency $0.06 per unit
($80 per million gallons) for the RWW. Agency shall bill and User shall pay the
amount due based upon the metered flow and said price. This charge may be
modified based on contractual terms.
7. Modification required for Subsequent Years
Agency and User recognize that the portion of User's land which will be irrigated
with the RWW may change from year to year, that different portions of User's land
may require different amounts of irrigation, and that the price charged by Agency
for the use of the RWW may change as the cost of providing the RWW changes.
Accordingly, by January 1 of each year, Agency and User shall agree upon the
portion of User's land that will be irrigated with the RWW, the amounts of the RWW
to be used, and the price thereof, for said year. Said Agreement shall be in writing
signed by the parties' authorized representatives, shall constitute a modification of
this Agreement, and except where expressly indicated, shall not alter any of the
terms or conditions hereof.
8. Agency's Right of Entry/Inspection
User hereby grants Agency, Agency's duly authorized employees, agents,
representatives and contractors, reasonable access to User's land for purposes of
making any necessary installation of ground water quality monitoring equipment
USAlTigard RWW 2
and any necessary inspection, including, but not limited to, meter reading and
verification of RWW use. In the course of making said inspection, Agency shall
interfere as little as possible with User's use and enjoyment of said land.
9. Successful Soil/Water Testing Required
Agency shall collect soil and/or water samples from those portions of User's land
which are to be irrigated with RWW. Agency shall then test said samples for
compliance with applicable regulations. The RWW shall be used to irrigate only
those portions of User's land which are in compliance with said regulations. Agency
shall perform said tests as often as required by said regulations. A copy of the soil
and/or water analysis report shall be given to User when it becomes available.
10. User to Maintain Fertilizer/Pesticide Records
User agrees to keep and maintain written records of all fertilizers and pesticides of
whatever kind applied to that portion of User's land which is to receive RWW. Said
records shall contain the name of the substance applied, the date, method and
amount of the application, and the name of the applicator. Said records shall be
made available to Agency upon request.
11. Conditions Sus ep nding Duty to Deliver Recycled Wastewater
Agency may suspend delivery of said RWW if delivery is prevented by a cause
outside of Agency's control, including, but not limited to, act of God, shortage of
wastewater, malfunction or upset of Agency system, actions of a third party, order
of a governmental regulatory authority, or if Agency determines that the RWW
poses a significant risk of damage to public health or safety, or if Agency
determines, in good faith, based upon the advice of counsel, that any aspect of the
parties' performance under this agreement may be contrary to law.
12. Restrictions Governing Use of Recycled Wastewater
User understands that the RWW is not potable. Accordingly, User shall use the
RWW for irrigation purposes only, and shall not sell, transfer or convey the RWW
to any other User. User shall at all times comply with the use restrictions
concerning buffer zones, crop selection, harvesting, and methods of application
contained in OAR Chapter 340, Division 55 and Special Conditions, included in the
Irrigation Plan. User shall not directly release the RWW to any surface waters of
the State of Oregon, including but not limited to the Tualatin River or its tributaries.
User shall prevent the RWW from flowing into depressions or drainageways that
lead away from User's land, and shall not allow the RWW to accumulate
excessively in ponds, thereby resulting in vector control problems. User shall not
USAlTigard RWW 3
sell, assign, give or transfer any RWW furnished under this Agreement to any
person.
13. Public Safety arnings
User shall inform all of lis employees and agents who may be exposed to the RWW
of any hazards associated with such exposure, and shall comply with OAR Chapter
340, Division 55 concerning public access and warnings.
14. Termination
If either party breaches any of the terms and conditions of this Agreement, the
other party shall send written notice of the breach to the breaching party. The
breaching party shall have five (5) days from the date of receipt of the notice in
which to take significant corrective action. If corrective action is not taken within
five (5) days, or if said action has been taken previously but has not resulted in an
elimination of the breach within a reasonable time as determined by the
non-breaching party, the non-breaching party may, in addition to any other
remedies provided by law, terminate this Agreement. Either party may terminate
this Agreement for convenience upon eighteen (18) months advance written notice.
15. Recycled Wastewater Quality
Agency shall endeavor to provide Level IV RWW from the Durham Facility, as
defined in OAR Chapter 340, Division 55. Agency makes no other representation
concerning the quality of the RWW and makes no express or implied warranties.
16. Disclaimer/Indemnity/Hold Harmless
Agency shall not be liable to User for any loss, including, but not limited to,
damages paid to third parties, incurred by User arising out of the use or
transportation of the RWW. User shall, to the extent permitted by law, defend,
indemnify, and hold harmless Agency, its officers, employees, agents and
representatives from and against all claims, demands, penalties and causes of
action of any kind or character, including attorney fees and costs at trial and on
appeal arising in favor of any person on account of personal injury, death, breach
of contract or damage to property arising out of User's use of the RWW, except for
those injuries, demands, penalties or causes of actions claimed to be or caused by
Agency's fault.
17. Water Rights
No water right is created by this Agreement. The User shall not sell, assign, give,
or transfer any RWW furnished under this Agreement to any person. User shall
USAlTigard RWW 4
1 '
cooperate with Agency and execute any documents required to be filed with the
Oregon Water Resources Department of registration of the use of RWW.
(Reclaimed Water.)
18. Compliance with Oregon Administrative Rules
User represents that User has read and understands Chapter 340, Division 55 of
the Oregon Administrative Rules. User shall be directly responsible and liable to
the Oregon Department of Environmental Quality for failure to meet those rules due
to the conduct of its employees and agents. Agency shall be directly responsible
and liable to the Oregon Department of Environmental Quality for meeting all other
requirements of those rules and Agency's NPDES permit. User shall report any and
all violations of this Agreement or those rules to Agency immediately upon
discovery.
19. Miscellaneous Provisions
a. This Agreement shall be construed and interpreted in accordance with the
laws of the State of Oregon.
b. This document contains the entire agreement of the,parties. Any waiver or
modification of the terms of this Agreement must be in writing.
C. If any legal authority having the proper jurisdiction deems any portion of this
Agreement not to be enforceable, invalid or illegal, all portions of this
Agreement not so identified shall remain in full force and effect.
d. The captions of this Agreement shall have no effect on the interpretation of
this Agreement.
e. This Agreement shall be binding on the heirs, successors, lessees,
sublessees, and assigns of the parties. User shall not sell, assign or transfer
User's interest in this Agreement, or assign, sell, or transfer the RWW
identified hereunder without Agency's approval.
f. The prevailing party in any lawsuit arising out of this Agreement shall be
entitled to attorney fees, costs and disbursements.
g. This Agreement and any subsequent amendments shall not be effective until
approved by General Manager of the Unified Sewerage Agency and the City
manager for the City of Tigard: Those individuals may delegate any authority
they have under this agreement according to their ordinances and
procedures.
USA/Tigard RWW 5
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by
their authorized officers.
DATED this day of , 19
CITY OF TIGARD UNIFIED SEWERAGE AGENCY OF
WASHINGTON COUNTY
By: By: 2
City Manager General Manager
Date: �111XIM Date: — _2
APPROVED AS TO FORM:
By:
USA General ouns I
Date: o� �l�<O
MO:
n:\planning\tomv\citgrww 6/22/95:kf
USA/Tigard RWW 6
1u1 1 r-1 IUi
jWAVERLY 2.0
z
CONSTRUCTION JOHN -
700 ---- THOMAS--f W USA
1500 v) DURHAM
15.2 C
CITY 2I. 13 AC 1300 /302 W FAC I L I I Y
CHARLES 13. 1 AC 1.97 AC CC
'7F LAMB JOHN USA 2200
IGARD THOMAS 17.98 AC
USA CITY
UPPER TUALATIN O OF
INTERCEPTOR I DURHAM
OUSA LOWER TUALATIN
10/ INTERCEPTOR
35.91 AC 100 6 INCH
CITY 31.15 AC
OF JOHN 7700
TIGARD THOMAS 20.85 AC
CPTY
COOK PARK OF
I DURHAM
I
I
1
I
I
y�4ti I
I
WOODY
200
TUALATIN I
COUNTRY I
CLUB ly
300
13.87 ACI
JOHN I
HICKOX
!0 INCH INCH
Q 4
t8OO
6.37 A
CITY
OF
TUALA
O SECTION
SCALE
1" = 500'
SW IUALAIIN RO
RECYCLED WASTEWATER unifiedSOUTH OF DURHAM FACILITY sewerage
uofA agency
EXHIBIT B
Unified Sewerage Agency
Recycled Wastewater Project
Cost Summary
0 tion 1 -No expansion-Smaller Pi ellne 12 inch
%-Project Engineering,Permits Pi eline construction
Acres Easement Surve in Section 1 . Section2Section 3 Section 4 Section 5 Misc.Valves EnRverineeriCroConstruction in Toea Entitt
Tualatin countClub; 70.2'/° $46332 $g 12g
Cf of TI and 24.0%' $0 $34'"188 $0 $6 000 $14040 $5520 $73600` $15 840' $3 120 $15 000 $0 $0 $188,806
C of Tualatin 5:8 $3,828 $754 $0 $4 800 $0 $0 "38,760
$0 $2 0 $5 000 $0 $1 160 $480 $6 400
U.S.A 0.0% : $0 $0 $0 $0 $0 $20,43n
$0 $0 $0 $0 $0
Total Cost of Element 100.0% $66,000 13 000 15 000 37 000 5 000 6 000 20 000 6 000 80 000 2480 0
FOtlon em Ex anslon-Lar er Pl ellne u size from 12 to 18 Inch%-Project Engineering,Permits PI eline Construction
River Crossin Total Costs
Acres a Easement Surve in Section 1 Section2 Section 3 Section 4 Section 5 Misc.Valves En ineerin Construction er Entit
t Club 60.8% $40,154 $13841 $0 $49754 $0
and 20.8% $6000 $12 168 $4 614 $61 472 $188,003
$13 748 $4 739 $15 000 $0 $0 $0 $4166 $0latin 5.0% $3300 $1 138 $0 $4092 $5 000 $0 $37 653
U-S,A* 13.3% $0 $1 000 $378 $5056 $19,964
$8 798 3 033 $0 $1()904 $0 $0
$2,666 $1 008
$13472 $39 880
Total Cost of Element 100 0% $66,0W $22,750 15 000 64 750 . 5 000 6 000 $20,000 $6000 80 000 $28
5.500
*USA contribution is based on the added cost for increasing pipe size from 12 to 18 inch.
i
11/07/94 1
CATCC2.lVV-
Project Percentage Summary Tables
Project Project Acreage PI eline Construction
Acreage Percentage Percent of Pro ect otion 1 River Crossfn
Section 1 Section2 Section 3 Section 4 Section 5 Misc.Valves Engineering Construction
Tualatin Country Club 73 70.2% 70.20/, °
Ci of Ti and . 25 24.0% 24.0-
Cily of Tualatin 6
U.S.A" 00.00 0.0% 0.00/
Total Cost of Element 104 100.0% 100.0% 100,0% 1'00.0% 100.0% 100.0% I I00.0% 100.0%
Project Project Acreage Pipeline Construc fon
a River Crossing
Acreage Percentage
Percent of Pro ect o tion 1
Section 1 Section2 Section 3 Section 4 Section 5 Misc.Valves En ineerin Construction
Tualatin Country Club. 73 60.8% 60.8%
Ci of TI and 25 20.8% ° 0.0% 76.8% 0:0% 100.0% 60.8% 76.8%
20.8/° 100.0/° .0/° 0.0% 0.0%
CI 0.0% 20.8% 0.0%
of Tualatln 6 5.0% 5.0% 0.0% 6.3% 100.0% 0.0°° ° °
U.S.A* 16 13.3% 13.3% 0.0% ° ° °/ 5.0/° 6.3/° 6.3%
16.8/° 0.0/° 0.0/° 13.3% 16.8% 16.8%
Total Cost of Element 120 100.0% 100.0% 100.0% 100.0% 100.0% 100.0°/ 100.0% 100.0°/ 100.0
11/07/94 2
CA CC%.
Unified Sewerage Agency-Recycled Wastewater Project
Tualatin Country Club-City of Tigard-City of Tualatin
3,1994 Qtr 4,1994 Qtr 1,1995 Qtr 2,1995 Qtr 3,1995 Qtr 4,1995 Qtr 1,1996 Qtr 2,1996 Qtr 3,1996
ID Task Name Duration Au Se Oct Nov Dec Jan Feb Mar Apr May Jun Jul Au Se Oct .Nov Dec Jan Feb Mar A r Ma Jun Jul Au Se Oct 1 CONTRACTS 235d
2 Contracts Negotiations 45w
3 Design Contracts Meeting Od
® 7/16
4 ENGINEERING CONTRACT 50d
5 RFP for Engineer Services 2w
6 Review proposals 2w
7 USA Board Approval 4w
8 Hire consulting Engineer 2w
9 DESIGN 155d
10 Surveying 60d
11 Project Predesign 2w
12 Predesign Meeting Od
12/17
13 Submit permits 16w
14 90%design review 3w
15 Final Design Review 1w
16 CONSTRUCTION 145d
7 Advertise Bids 3w
1 - -- ------------- - .
Award Contract 45dA��`7�.
19 Construction 14.2w
20 Startup 2w ��,, �
21 Contract Completion Date 0d \�;
9/15
I
Project:USA-Recycle±Wastewater Task Milestone Rolled U Task ;?; `''. ` `
Date:Thu 6/22/95 ® p ,t ad\\�a�;? Rolled Up Progress
Progress ilzuNsm= Summary WmmomuowRolled Up Milestone 0
E:\WINPROJ\PSDHTCC.MPP Thu 6/22/95 Page 1