Unified Sewerage Agency - Recycled Wastewater Pipeline AGREEMENT
CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY
RECYCLED WASTEWATER PIPELINE
THIS AGREEMENT is made and entered into by and between the City of Tigard an Oregon
municipal corporation, herein "City", and the Unified Sewerage Agency of Washington County, a
County Service District under ORS Chapter 451 and municipal corporation, herein "USA" or
„Agency".
WITNESS:
WHEREAS, City and USA have agreed that there is a need to design and construct a pipeline to
provide recycled wastewater to serve certain lands in the vicinity of the Cook Park Community
Park for the purposes of irrigation supply and referred to as the Tualatin - Tigard Recycled
Wastewater Project, herein "Project"; and
WHEREAS, the alignment of the pipeline of the Project and the schematic rendition of the
facilities to be contained within the Project are attached to the Agreement and marked "Exhibit
A"• and
WHEREAS, the governing bodies of City, USA, and others have agreed and approved the
construction and funding of the Project.
THEREFORE, IN CONSIDERATION of mutual promises and covenants contained herein and
the authority of ORS 190.010 and 451.560, parties agree as follows:
1.0 Project Costs
Project costs are all costs incurred by USA attributable to the construction of the recycled
wastewater pipeline and associated facilities, including engineering, legal, survey, permits,
construction management, acquisition of property interests, construction inspection, and
administrative costs.
2.0 The Project
The Project which is the subject of this Agreement, is shown on the attached Exhibit A
which shows the various facilities that will be part of the Project. Exhibit A is intended to
be a schematic rendering of the Project. After more detailed engineering studies have been
completed, the Project may be changed in some respects by the mutual consent of the
parties. The Project may be built to serve only the Tualatin Country Club, or may also
serve Tualatin Community Park (City of Tualatin) and Cook Park (City of Tigard).
3.0 Engineering and Construction Mana(gement Services
Engineering and construction management of the Project shall be the responsibility of
USA.
3. 1 USA shall conduct apredesign meeting with Country Club, City, and other Project
participants for the purpose of reviewing the Project concept and identifying any
issues of concern re-arding Project design. City may review any design documents
and attend any Project meeting, provided that any direction to the engineer shall be
given by USA.
i USA shall prepare the bid documents. advertise and supervise the invitation and
opening of bids for construction of the Project in,accordance with the requirements
of state law. If a contract is to be awarded. the lowest responsive bid from a
responsible bidder shall be approved by the governing body of USA.
3.3 USA shall provide for general mana_emcnt and supervision of the Project,
including any constntction contracts,and provide for periodic and final inspection
of the Project.
4.0 Acquisition of Easements and Property.
USA shall be responsible for preparing and acquiring necessary easements for the Project.
City shall grant any easements across its property that maybe required for the Project at
no charge to USA.
5.0 Cast Sharing.
>.1 As outlined in the estimate of Project cost and cost sharing set forth in Exhibit B.
the City shall contribute an amount estimated at $38,760.00 toward Project costs.
Upon completion of design, and prior to bidding the Project, USA shall request
commitments from the Tualatin Country Club, the City of Tigard, and the City of
Tualatin as to whether they will participate in the Project- If the Country Club
elects not to participate, the Project will not be constructed.
�.3 If Countrv°Club elects to proceed and City elects not to participate, Country Club
shall be responsible for subsequent Project costs, City will be responsible for its
share of.Project costs through completion of design, and USA will exclude from
Project the elements to serve City.
5.4 If Country Club and one or both cities elect to participate, USA's Project manager
shall develop an allocation formula for construction progress payments, consistent
Tigard RWW Pipeline 2
with the estimated cost allocation in Exhibit B and with any bid schedules. Such
formula shall be expressed as a percent. City shall pay its percent of costs incurred
through completion of design, within 30 days of notice and billin( `by USA.
5.5 USA shall make periodic payments to the construction contractor in accordance
with the contract documents. USA shall bill the City for its share of the progress
payments to the contractor, as determined in paragraph 5.1. City shall make the
periodic payments within 30 days of receipt of USA's invoice-.Any payments not
paid when due shall accrue interest at 9 percent per annum.
5.6 USA shall keep an accounting of all costs of the Project. The account of costs of
Project shall be updated no less frequently than every 30 days. USA, in a timely
manner, shall provide City with any information necessary for computation of cost
of Project.
5.7 USA shallhave the authority, as provided in its contracting rules and procedures,
to approve change orders to the construction contract, and shall have authority to
approve changes required to avoid delay and deal with unexpected conditions.
USA shall inform City of any such change orders that would increase Project cost.
After the construction contract has been awarded, USA shall not request additions
to the contract that would increase the Project cost above the estimate in Exhibit
B, except upon 30 days notice to City. If, within such period City objects, USA
may pay the cost of the change and negotiate further with City, or may elect not to
proceed with the change.
5.8 Upon completion of the Project or upon early termination, when all costs are
known, USA shall make a final accounting of Project costs. If City's share of such
costs is less than the amount paid by City, USA shall refund that amount. If such
costs exceed the amount paid by City, it shall remit the difference to USA within
30 days.
5.9 If additional,users are served by the Project in the future, USA agrees to use its
best efforts to obtain a capital contribution to the cost of the Project, and if any
such funds are obtained; to pay them to Project participants in proportion to their
funding of.this Project. The parties agree that USA shall have no legal obligation
to obtain such funds.
6.0 Operation and Maintenance of Facilities-, Provision of Recycled Wastewater
6.1 After completion of construction of the Project, USA shall operate and maintain all
publicly owned elements of the Project, from the Durham facility up to and
including the flow meter, and any additional public line extensions. City shall
maintain and operate distribution lines and supporting facilities attached
downstream of the flow meter and located on its property.
Tigard RWW Pipeline 3
6.2 USA and City agree to negotiate in good faith to develop an agreement for
provision of-treated wastewater from the USA Durharn.facility, through the
Project, to City. The agreement for provision of treated,wastewater shall be the
sole basis,for provision of wastewater to City.
7.0 Disputes Between City and USA
In the event of dispute between City and USA as to construction of the Project or any
terms or conditions under:this Agreement, the parties shall first attempt in good faith to
negotiate to resolve same. In the event resolution of any dispute cannot be attained by the
parties, the dispute shall be submitted to mediation within 60 days. If the dispute cannot be
resolved by mediation, either party may pursue any rights.and remedies it may have
through legal action. Venue shall be in Washington County, Oregon. The prevailing party
shall be entitled to attorney fees at trial and on any appeal as determined by the court.
Tigard RWW Pipeline 4
AGREEMENT
CITY OF F-TIGARD AND UNIFIED,SEWERAGE AGENCY
RECYCLED WASTEWATER PIPELINE
DATED this '>�6da of 19 �-
CITY OF TIGARD, OREGON UNIFIED,SEWERAGE AGENCY OF
WASHINGTON COUNTY
P
BY Bv:
ZCity Manager General Mana�-ger
Approved to Form: Approved to Form:
BY: By:
c
City Attorney *USA Counsel
N:\PLANNL\'GWGREE�1Eiv'\11Gc'ITY.WPDJune 21, 1995
Tigard RWW Pipeline 5
. ,I. ' 1' U I I I I. 1 2 AC IJ l)I � r_
L
WAVERL}' 2.0 z
CONSTRUCTION JOE
THOMAS USA
700 V) DURHAM
15.25 AC 1500 1300 1302 W
21FACILITY /
CITY CHARLES
Ac �
CHARLES I 13.1 AC 1.97 AC
OF LAMB JOHN USA v 2200
:IGARD THOMAS ^' 17.98 AC
USA CITY
UPPER TUALATIN O OF
INTERCEPTOR I DURHAM
OUSA LOWER TUALATIN
101 INTERCEPTOR
35.91 AC 100 6 INCH
CITY 31.15 AC ® _
7700
OF JOHN 20.8
20..85 AC
TIGARD THOMAS [ CITY
COOK. PARK [ OF
[ DURHAM
P
I
[
[
Y MOODY
200
TUALATIN
COUNTRY
CLUB
300
13.87 ACI
JOHN
CKO%;
10 INCH }+®. INCH
Q 4
1800
6.3T A
CITY
OF
_ TUAI.ATL
I
I
I
# SECTION
I
SCALE
1" = 500'
I
SW 1UALAT IN
RECYCLED WASTEWATERn1fied
SOUTH OF DURHAM FACILITYUf
sewerage
agency
.EXHIBIT B
Unified Sewerage Agency
Recycled Wastewater Project
Cost Summary
Option 1 -No expansion-Smaller Pl eilne 12 In
%-Project Engineering,Permits PI eline Construction
Acres Easement Su rve in Section 1 Sectlon2 Section 3 Section 4 Section 5 Misc.Valves ERiver
neer;Crossin�nstruction Total
er Costs
_Tualatin Country Club 70.2% $46,332 $9 126 $0 $34"188
Cityof TI and 24.0%" $0 $6 000 $14 040 $5 520 $73 600 $188,806
$15 840' $3 120 $15000 $0 $0 $0 $4 800
CI of Tualatin 5.8% $3 828 $754 $0 $2 812 $0 $0 $38 760
U.S.A 0.0% $5 000 $0 $1 160 $480 $6 400 $20
$0 $0 $p $p $0 $0 $p --
$0 $p w
Total Cost of Element 100.0%
$66,000 $13,000 15 000 IL37 000 5 000 6 000
$20000 $6000 80 000 $248000
pon
stem Ex anslon-Lar er PI cline u size from 12 to 18 ,111
%-Project Engineering, Permits PI ellne Construction
Acres a Easement Surveying Section 1 Section2 Section 3 Section 4 Section 5 Misc.valves River CrossingTotal Costs `
1
nt Club 60.8% $40 154 En ineerin Construction er Entlt
$13 841 $0 $49 754 $0 $6 000 $12 168 $4 614 $61,472 $188,003 i
l and 420.80% $13 748 $4739 $15000 $p
Cit of Tualatin $0 $0 $4166 $0 $0 $37653
$3300 $1 138 $0 $4092 $5 $p U-S.A• $8 798 3 033 $1 000 $378056 $19,964
$0 $10904 $0 $0 $2666 $1 008 Total Cost of Element $66000 _$22,750 $15,000_ $64,750 Ss 000 $6,000
20 000 $6 000 $80 000 $285 F '
'USA contribution is based on the added cost for Increasing pipe size from 12 to 18 inch.
i
11/07/94
1
CATCC2.WK4
Project Percentage Summary Tables
Project Project Acreage Pipeline Construction
Acreage Percentage Percent of'Project o tlon 1 River Cross In
Section 1 Section2 Section 3 Section 4 Section 5 Misc.Valves En ineeri Construction
Tualatin Count Club 73 70.2% 70.2% 0.0% 92.4% 0.0% 100.0% 70.2%° 9L.0'/o 92.0%
Cit of Tl` and . 25 24.0% 24.0% 100.0'/° 0.0% 0.0% 0.0% ° °
Cit of Tualatin 6 5.8%. 0.o% ° ° ° 24.0/° 0.0/° 0.0%
.5:8% 7.6/o .100.0/° 0.0/° .5.8% 8.0%
U.S.A° 0 0 0.0%° 0.0% 0.0% 0.0%° 0.0%
Total-Cost of Element, 104 100.0% 100.0% 100.0% 100.0% 100:0% ° °
100.0/° 100.0% 100.0%
Project Project a Acrea
g PI` eline.,t:onstructlon River Crossin
Acreage Percentage Percent of Pro ect option 1
Section 1 Section2 Section 3. Section 4,, .Section 5 Misc.Valves En ineeri Construction
Tualatin Count Club 73 .60;8% 60.8'/0 0.0% 76.8%' 0:0%, 100.0%. 60.8% 76.8%° 76.8'/°
Cit of Tigard 25 20.8% 20.8% 100:q% 1 0.0% °
Cit of Tualatin g 0. !°0 0.0% 20.8% 0.0% 0.0%
5.0% 5.0% 0.0% 6.3% 100.0% 0.0% 5.0% 6.3%
° ° 6.3%
.S.A 16 13.3/° 13.3% 1 0:0% 16.8% 0.0% 0.0% 13.3% 16.8% 16.8%
Total Cost of Element 1207-F- 100.0% 100.0% 100.0% 100.0% 100.0% 100:0% 100.0%
r -
1
11/07194 2
CATCC2.V1i:
Unified Sewerage Agrncy-Recycled Wastewater Project --
Tualatin Country Club-City of Tigard-City of Tualalin
3,1994 Otr 4,1994 Qtr 1,1995 Qtr 2,1995 Qtr 3,1995 Otr 4,1995 Otr 1,1996 Otr 2_1996 Qtr 3,1996 Qtr 4, 1
ID Task Name _ Duration Aub Se Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Se Oct Nov Dec Jan Feb Mar A r Ma Jun Jul AugSe Oct P7
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
j
B Hire consulting Engineer 2w
9 DESIGN 155d
10 Surveying 60d
Womb11 Project Predesign2w r
12 Predesign Meeting Od \,
13 Submit permits 16w 12/17
14 90%design review 3w
15 Final Desiyn Review — 1w
16 CONSTRUCTION 145d
17 Advertise Bids 3w
i
--- - --
18 Award Contract 45d
19 Construction 14.2w
20 Startup ----2w
21 ContractCornplelion Date Od
9/15 -
Project:USA-Recycle i Wastewater Task \, \, '� \\ Milestone ®
Date:Thu 6/22/95 Rolled Up'task Rolled Up Progress
Progress Summary Rolled Up Milestone O
EAWINPROJIPSDHTCC.MPP Thu 6/22/95 Page 1 —