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Resolution No. 16-45 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- y A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE WATER PARTNERSHIP INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION TO INCLUDE REPLACEMENT OF THE ROOF AT WALUGA RESERVOIR NO. 1. WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities,Design,Construction,and Operation ("Agreement");and WHEREAS, the Agreement contains various exhibits identifying the assets to be constructed with the Initial Expansion and the allocation of costs of those assets to the Parties;and WHEREAS, the Agreement provides that from time to time exhibits may be revised or new exhibits added based upon further evaluation and studies;and WHEREAS, further evaluation and studies have occurred and the Parties agree that certain exhibits should be amended to reflect this updated information. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Mayor is authorized to sign the fourth amendment to the Agreement in the form attached hereto as Exhibit`A,'and revising Exhibit 7 to the Agreement. SECTION 2: This resolution is effective immediately upon passage. PASSED: This � �� qday of 2016. Mayoo City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 16- '/S" Page 1 EXHIBIT 7 Exhibit A ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Lake Oswego Tigard Cost of Improvements Allocation(%) Share($) Allocation(%) Share($) Project Costs* Water Treatment Plant -38 mgd Expansion $74,966,399 37.16% $27,857,514 62.84% $47,108,885 River Intake Pump Station $12,932,668 20/38 $6,806,667 18/38 $6,126,001 Raw Water Pipeline $24,540,330 20/38 $12,915,963 18/38 $11,624,367 Finished Water Pipeline $52,856,778 WTP to South Side of Oswego Lake $25,583,609 20/38 $13,465,057 18/38 $12,118,552 South Side of Oswego Lake to North Side of Oswego Lake $9,732,139 12/30 $3,892,856 18/30 $5,839,283 North Side of Oswego Lake to Waluga Reservoir $13,466,442 0% $500,000** 100% $12,966,442 Waluga Reservoir to Bonita Pumping Station $4,074,588 0% 100% $4,074,588 Waluga Reservoir p2 $8,329,497 1.7/3.5 $4,045,756 1.8/3.5 $4,283,741 Bonita Pumping Station $8,273,901 0% 100% $8,273,901 Waluga Reservoir A3-Roof Replacement $2,903,000 50% $1,451,500 WA $1,451,500 Sub-Totals $184,802,573 38.200A $70,594,583 61.801A $113,867,260 Program Costs Program Management,Permitting,Construction Management $34,696,785 38.20% $13,254,172 61.80% $21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) $13,257,000 38.20% $5,064,174 61.80% $8,192,826 SCADA System Services $1,861,684 38.20% $711,163 61.80% $1,150,521 Legal,Land Use/ROW and Other Professional Services $9,644,000 38.20% $3,684,008 61.80% $5,959,992 Construction Contingency $8,437,0001 38.20% $3,222,934 61.80% $5,214,066 Sub-Totals $67,896,4691 38.20% $25,936,451 61.80% $41,960,018 Total Costs1 $252,699,0421 38.20% $96,53loO341 61.805A $156,168,008 * -Project costs include design,construction,and mitigation contingency and are presented in 2014 dollars(assumed mid-point of construction). ** -Lake Oswego's half of cost to upsize this reach of FWP to 36-inch so that existing 18-inch can be retired;otherwise,LO pays 0%of new pipe in this reach. Amendment 4 to Intergovernmental Agreement EXHIBIT A FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS FOURTH AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Fourth Amendment) is effective this day of 2016, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party' and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHEREAS, since the execution of the original Agreement,the Parties have identified the need for an additional capital project to replace a roof on an existing water storage reservoir ("WR1"); and WHEREAS, the Parties have concluded that it is in the best interests of both to share in the cost to replace the roof and to jointly fund the ongoing operating and maintenance cost of WR1; and WHEREAS, Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties requires adjustment reflecting the changes described in these recitals; NOW, THEREFORE, THE PARTIES AGREE TO THIS FOURTH AMENDMENT AS FOLLOWS: Section 1. Revision of Exhibits. Exhibit 7 (Allocation of System Improvement Costs to the Parties) is revised to read as set forth in attached Exhibit 7. Section 2. Entire Agreement. Except a specifically amended by this Fourth Amendment, the Agreement dated August 6, 2008 as subsequently amended by the first Amendment, Second Amendment, and Third Amendment remains in full force and effect. SIGNATURE LINES TO FOLLOW Fourth Amendment to IGA—Lake Oswego-Tigard Water Partnership 11 Page EXHIBIT A IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard Mayor Dated Mayor Dated ATTEST: ATTEST: City Recorder Dated City Recorder Dated APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney Dated City Attorney Dated Fourth Amendment to IGA— Lake Oswego-Tigard Water Partnership 21 Page