Unified Sewerage Agency - Recycled Wastewater r
1_
CITY OF TIGARD
OREGON
November 14, 1996 TR
DEC 124 1996
Tom VanderPlaat
Water Resource Programs Manager
Unified Sewage Agency of Washington County
155 North First Avenue
Suite 270, NS 10
Hillsboro, OR 97124
Re: USA General Manager Signature Needed
Dear Mr. VanderPlaat:
Please have the USA General Manager sign and date the last page of this contract.
Please send this original contract back to us.
Thank you in advance.
Sincerely,
?,W R/,-6 t
Jill Drummond
City Administration
Enclosures
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY
AGREEMENT FOR PROVISION OF RECYCLED WASTEWATER
This Agreement is between the Unified Sewerage Agency of Washington
County, Oregon, a county service district formed pursuant to ORS Chapter 451,
155 North First 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.
USA Recycled Wastewater Program Page 1
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 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 513,034 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 513,034 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
USA Recycled Wastewater Contract Page 2
this Agreement, and except where expressly indicated, shall not alter any
of the terms or conditions hereof.
8. Agency's Right of Entry Ins ection
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 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 Suspending 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.
USA Recycled Wastewater Contract Page 3
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 sell,
assign, give or transfer any RWW furnished under this Agreement to any
person.
13. Public Safety/Warning-s
User shall inform all of its 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.
USA Recycled Wastewater Contract Page 4
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 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
(except those caused by the Agency's sole negligence), 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.
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 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
USA Recycled Wastewater Contract Page 5
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 sha!I_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 Recycled Wastewater Contract Page 6
_ a P
y
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
A
y: By:
City anager General Manager
Date: Date: Z'
APPROVED AS TO FORM:
By:
U General Counsel
Date: 7-/6
MO: ` s -/00
nAplanning\tomv\dtgrww 6/22/95:kf
USA Recycled Wastewater Contract Page 7