Resolution No. 20-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 20-0,3
A RESOLUTION ADOPTING AN AMENDED AND RESTATED AGREEMENT FOR TEMPORARY
WATER SUPPLY BETWEEN THE WILLAMETTE WATER SUPPLY SYSTEM COMMISSION AND
THE CITY OF TIGARD.
WHEREAS,ORS 190 authorizes units of local government to enter into intergovernmental agreements for the
performance of any or all functions and activities that a Party to this Restated Agreement has the authority to
perform;and
WHEREAS,by agreement dated June 16,2015,Tualatin Valley Water District CTVWD") and the City of
Hillsboro ("Hillsboro') agreed to design and construct the Willamette Water Supply System ("WWSS")
providing municipal drinking water from the Willamette River to their respective water systems;and
WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM 4.3"waterline project on Southwest Roy Rogers Road from the City of Sherwood City Limits to 2,500-
ft south of Southwest Bull Mountain Road;and
WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.1"waterline project from the Urban Growth Boundary approximately 2,500-ft south of Southwest
Bull Mountain Road to Southwest Scholls Ferry Road,which will be built as part of Washington County's Roy
Rogers Road Project("Road Project' for roadway and waterline improvements;and
WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.2"waterline project from Southwest Scholls Ferry Road to Southwest Grabhorn Road;and
WHEREAS,TVWD committed to construct the portion of the WWSS referred to as the"MPE_1.0"waterline
project from the intersection of Southwest Scholls Ferry Road and Southwest Roy Rogers Road to Southwest
Beaverton-Hillsdale Highway at Southwest Western Avenue;and
WHEREAS,the PLM-4.3,PLM-5.1,PLM-5.2,and MPE_1.0 waterline projects are collectively referred to as
the"Project";and
WHEREAS,TVWD and Hillsboro initially conducted their work associated with the WWSS through a group
of employees who are publicly identified as the Willamette Water Supply Program ("WWSP'� and,through the
WWSP,entered into an agreement with Tigard entitled Intergovernmental Agreement between Tualatin Valley
Water District, the City of Hillsboro,and the City of Tigard for Temporary Water Supply,dated April 4,2018
("Agreement's to provide WWSS transmission pipeline projects with temporary potable water connections to
Tigard's water system for the purposes of testing and maintaining WWSS facilities;and
WHEREAS,the Agreement provided,among other things: a six-inch potable water connection at SW Friendly
Lane until construction of the WWSS is complete and the WWSS begins water service;the ability for Tigard to
construct additional improvements to make a permanent emergency connection to the WWSS with a flow
capacity of five (5)million gallons per day (MGD),which will require a separate agreement between the Parties
prior to use;and for Tigard to review utility and development plans to ensure utilities accommodate the Project
in Tigard's right of way and allow for connection to Tigard's water system;and
RESOLUTION NO.20- 03
Page 1
WHEREAS,TVWD,Hillsboro,and the City of Beaverton have formed the Willamette Water Supply
Commission ('WWSS Commission',an ORS Chapter 190 entity,by agreement effective July 1,2019,and this
Amended and Restated Agreement is executed in part to assign all of WWSP's rights and obligations from the
Agreement to the WWSS Commission and provide for continuation of that prior Agreement and allow for
additional connection points; and
WHEREAS,TVWD,as the Managing Agency of the WWSS Commission,is responsible for receiving
payments from Tigard for upsizing and paying Tigard invoices for pipeline construction water use.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: City Council approves the amended and restated agreement for temporary water supply
between the Willamette Water Supply System Commission, and the City of Tigard, in
substantially the form attached hereto as Exhibit"A."
SECTION This resolution is effective immediately upon passage.
PASSED: This/� day of Q4-qM&t4 2020.
M yor ity of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO.20-
Page 2
Exhibit A
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN
WILLAMETTE WATER SUPPLY SYSTEM COMMISSION
AND THE CITY OF TIGARD
FOR TEMPORARY WATER SUPPLY
This Amended and Restated Intergovernmental Agreement ("Restated Agreement") is entered into
between the Willamette Water Supply System Commission, an intergovernmental entity formed under
ORS Chapter 190, and the City of Tigard, an Oregon municipal corporation ("Tigard"), each also referred
to as "Party" or collectively as "Parties."
RECITALS
A. WHEREAS, ORS 190 authorizes units of local government to enter into intergovernmental
agreements for the performance of any or all functions and activities that a Party to this Restated
Agreement has the authority to perform; and
B. WHEREAS, by agreement dated June 16, 2015,Tualatin Valley Water District("TVWD") and the City
of Hillsboro ("Hillsboro") agreed to design and construct the Willamette Water Supply System
("WWSS") providing municipal drinking water from the Willamette River to their respective water
systems; and
C. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-4.3"waterline project on Southwest Roy Rogers Road from the City of Sherwood City Limits
to 2,500-ft south of Southwest Bull Mountain Road; and
D. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.1"waterline project from the Urban Growth Boundary approximately 2,500-ft south of
Southwest Bull Mountain Road to Southwest Scholls Ferry Road, which will be built as part of
Washington County's Roy Rogers Road Project("Road Project")for roadway and waterline
improvements; and
E. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.2" waterline project from Southwest Scholls Ferry Road to Southwest Grabhorn Road; and
F. WHEREAS,TVWD committed to construct the portion of the WWSS referred to as the "MPE_1.0"
waterline project from the intersection of Southwest Scholls Ferry Road and Southwest Roy Rogers
Road to Southwest Beaverton-Hillsdale Highway at Southwest Western Avenue; and
G. WHEREAS, the PLM_4.3, PLM_5.1, PLM_5.2, and MPE_1.0 waterline projects are collectively
referred to as the "Project"; and
H. WHEREAS, TVWD and Hillsboro initially conducted their work associated with the WWSS through a
group of employees who are publicly identified as the Willamette Water Supply Program ("WWSP")
and,through the WWSP, entered into an agreement with Tigard entitled Intergovernmental
Agreement between Tualatin Valley Water District,the City of Hillsboro, and the City of Tigard for
Temporary Water Supply, dated April 4, 2018 ("Agreement")to provide WWSS transmission pipeline
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projects with temporary potable water connections to Tigard's water system for the purposes of
testing and maintaining WWSS facilities; and
I. WHEREAS, the Agreement provided, among other things: a six-inch potable water connection at SW
Friendly Lane until construction of the WWSS is complete and the WWSS begins water service;the
ability for Tigard to construct additional improvements to make a permanent emergency connection
to the WWSS with a flow capacity of five (5) million gallons per day (MGD), which will require a
separate agreement between the Parties prior to use; and for Tigard to review utility and
development plans to ensure utilities accommodate the Project in Tigard's right of way and allow for
connection to Tigard's water system; and
J. WHEREAS, TVWD, Hillsboro, and the City of Beaverton have formed the Willamette Water Supply
Commission ("WWSS Commission"), an ORS Chapter 190 entity, by agreement effective July 1, 2019,
and this Restated Agreement is executed in part to assign all of WWSP's rights and obligations from
the Agreement to the WWSS Commission and provide for continuation of that prior Agreement and
allow for additional connection points; and
K. WHEREAS, TVWD, as the Managing Agency of the WWSS Commission, is responsible for receiving
payments from Tigard for upsizing and paying Tigard invoices for pipeline construction water use.
AGREEMENT
NOW,THEREFORE, in consideration of the terms, conditions, and covenants set forth below, and the
Recitals which are incorporated into this Restated Agreement as if fully set forth herein,the Parties
agree as follows:
ARTICLE 1 - Description of Water Connections
1.1. Friendly Lane Connection ("Friendly Lane Connection"): a temporary six-inch connection
and a potential future emergency connection at the PLM_5.1 portion of the Project
which will connect to Tigard's 18-inch transmission line at a mutually agreeable location
near SW Friendly Lane.
1.1.1. The Parties agree that the WWSS Commission may design and construct a six-
inch connection between the Tigard water distribution system and the Project
within the City of Tigard at SW Friendly Lane, shown on Exhibit A.The point of
connection shall be in a public right of way, and the Parties agree that Tigard
and the WWSS Commission shall have full and complete access at all times to
operate and maintain the valves,vaults, and appurtenances.
1.1.2. The WWSS design will provide for a future permanent emergency connection
with a capacity of five (5) million gallons per day (MGD) near Friendly Lane so
that Tigard can obtain future emergency water supply for its water system from
the Project. The size of the Friendly Lane Connection for this purpose is
anticipated to be 18-inch diameter capable of providing the desired 5 MGD flow
capacity.
1.2. Satsuma Connection ("Satsuma Connection"): one temporary connection will be made
between the Project and Tigard's system using maximum flow requirements as set by
Tigard near SW Satsuma Avenue.
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1.3. Additional connection points may be considered in the future under separately
negotiated and executed intergovernmental agreements or by amendment to this
Restated Agreement.
ARTICLE 2 - Cost
2.1. The cost allocation of the Friendly Lane Connection will be determined according to the
percentage split as shown in Exhibit B and as described below. Generally,the cost of this
portion of the Project will be determined as follows:
2.1.1. The WWSS Commission will be solely responsible for all costs to design,
construct, operate, maintain, repair, and replace one six-inch connection for
testing and maintenance of the Project until the entire WWSS is completed and
water is produced and delivered from the WWSS.The size of piping needed for
this purpose is six(6) inches in diameter, including the backflow device and
meter.
2.1.2. Tigard will be solely responsible for all costs to upsize the six-inch temporary
Friendly Lane Connection piping from six (6) inches in diameter to eighteen (18)
inches in diameter for the future permanent emergency connection.
2.1.3. The design of the Friendly Lane Connection shall be compatible with and
provide for interoperability so that the WWSS Commission may use the
connection as described in this Restated Agreement, including filling,testing,
and maintaining the Project and other connecting WWSS transmission projects.
The Agreement cost-split was based on the WWSS Commission design
consultant's engineer's estimate to construct the six-inch connection to
periodically draw testing and maintenance water from Tigard for use in sections
of the WWSS, which will be "Cost A."The design consultant also provided an
engineer's estimate for the additional cost of upsizing the six-inch connection to
a 12-inch connection for the Friendly Lane Connection,the cost of which
includes the cost of the meter and control vaults, which will be "Cost B."
Per the cost-split set forth in the Agreement,the proportion of Cost A
attributable to the six-inch connection to Cost B (i.e., Cost A divided by[Cost A+
Cost B]x 100=Cost A percentage) results in 68%of the cost of the connection
to be covered by the WWSS Commission.The remaining proportion (32%)will
be covered by Tigard, as identified in the "Cost of Work" and "True-up to Bid
Costs"sections of Exhibit B.
The construction contractor's bid for the 12-inch connection for the Friendly
Lane Connection is reflected in the "True-up to Bid Costs"on Exhibit B. Per
Tigard's request to construct an 18-inch connection at the Friendly Lane
Connection,the WWSS Commission requested a change order from the
construction contractor.The construction contractor's bid for the 18-inch
connection for the Friendly Lane Connection is reflected in the "Change Order
Costs" on Exhibit B.The "Total Actual Costs" on Exhibit B reflect the costs for
each Party.
2.1.4. The WWSS Commission has bid the work as described in Article 1 to establish
the construction cost for that work.
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2.1.5. Tigard will be billed its "Total Actual Costs," as identified in Exhibit B. Half of the
payment will be invoiced upon signature;the other half will be invoiced in July
2020. Payment will be due and payable to TVWD within thirty(30) days of the
invoice.
2.1.6. Tigard acknowledges Washington County will manage the contract for the
actual construction of the connections to the Tigard system.The WWSS
Commission will notify Tigard of any potential construction contract change
orders that may affect Tigard's cost for the connection construction at the
earliest possible time after the WWSS Commission receives notice from
Washington County.The WWSS Commission will endeavor to avoid or minimize
change order requests from Washington County that affect Tigard. If Tigard
does not approve the change order that increases Tigard's cost,the Parties
recognize that Washington County, in its sole discretion or with approval by the
WWSS Commission, may still approve the change order. In such case,the WWSS
Commission will be responsible to pay the change order amount, provided,
however,that the WWSS Commission may seek contribution from Tigard for
Tigard's proportional share, as defined in Article 2.1.3.The Parties reserve all
rights as to responsibility for payment and agree to resolve the matter through
dispute resolution.
2.1.7. If Tigard successfully negotiates an agreement for a future permanent
emergency connection at the Friendly Lane Connection,Tigard will be
responsible for the full cost of additional design, management, and construction
of the full build-out of the emergency connection. Costs for designing and
constructing the Friendly Lane Connection as a permanent emergency
connection will be the sole responsibility of Tigard and shall be included as part
of a future emergency water supply intergovernmental agreement.
2.2. All costs associated with the temporary connection of the Project at Satsuma Avenue will
be paid in its entirety by the WWSS Commission.
ARTICLE 3 - System Connections and Operation Protocols
3.1. For both the emergency and temporary connections:
3.1.1. During and following construction, each Party shall appoint a representative to
coordinate the use, operation, maintenance, repair, and replacement of the
connection and valves according to prudent utility practices.
3.1.2. The Parties agree to maintain their portion of the connection in good working
order so that they are available to be put in service when a water draw is
needed.
3.1.3. The WWSS Commission representative will develop a schedule for Project water
requirements and provide it to the Tigard representative for review and
approval so Tigard will have sufficient notice (minimum 48 hours) of when the
WWSS Commission will need to draw water from the Tigard system.The project
schedule should be updated and provided to Tigard on a weekly basis during the
Project construction period.
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3.1.4. The flow from the Tigard system shall be limited to no more than 700 gallons
per minute without prior authorization from Tigard, and Tigard will maintain
control and operate all valves which are part of the Tigard system. Tigard
requires 48-hours notification for the operation of valves.
3.2. Additional conditions to accommodate the permanent emergency connection for the
Friendly Lane Connection include the following:
3.2.1. WWSS Commission will install two 18-inch isolation valves, a six-inch flow
meter, and a six-inch approved backflow prevention device that will connect to
the Tigard system. Both isolation valves will remain closed to the Tigard system
except for those periods when water from Tigard will be used to test the
Project.
3.2.2. The Parties will be responsible for and maintain control of separate valves,
vaults, and appurtenances, including all costs associated therewith as defined
here. Responsibility will be as shown in Exhibit A with the piping from the WWSS
main pipeline to the meter vault and the valve separating the two vaults being
the responsibility of the WWSS Commission.The remaining portion from that
valve, through and including the pressure regulating/control valve and vault to
the point of connection with Tigard's system, will be the responsibility of Tigard.
ARTICLE 4 - Term
4.1. The term of this Restated Agreement and use of water by the WWSS Commission shall
continue until construction of the WWSS is complete and potable water delivery service
begins, which is anticipated to occur in 2026.This Restated Agreement shall
automatically terminate when both: (a)the WWSS is complete; and (b) the WWSS
begins potable water delivery service to TVWD, Hillsboro, and Beaverton. Upon
termination under this section, and if Tigard does not wish to have the permanent
emergency Friendly Lane Connection as described in this Restated Agreement, the
WWSS Commission will remove the six-inch connection, and cost splits for the removal
of the connection will be as defined in Article 2.1.3.
ARTICLE 5 - Future Tigard Agreement
5.1. This Restated Agreement confers no rights or privileges upon Tigard to the WWSS, to
the Project, or to any water through or from the WWSS. If Tigard desires a permanent 5
MGD permanent emergency connection at the Friendly Lane Connection or other
connections to the WWSS, then Tigard must negotiate and seek approval for a separate
agreement regarding construction, connection, metering, and use of WWSS water for
the permanent emergency connection at the Friendly Lane Connection or other
connections. The WWSS Commission will not provide WWSS water to Tigard in the
absence of such an agreement.The permanent emergency Friendly Lane Connection
shall be the sole cost responsibility of Tigard, including any and all costs of making the
conversion to a permanent connection, including, but not limited to, a seismic valve,
electrical, SCADA, flow control devices, and a meter to measure usage.
ARTICLE 6 - Construction Coordination
6.1. The design and construction of the Friendly Lane Connection, including any permanent
emergency connection, in this Restated Agreement will be conducted as part of the
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Project and the Road Project. The Parties will coordinate with each other during the
design and construction to provide for minimal inconvenience to each other.The Parties
will each conduct review and approval of construction submittals, other than permit
applications, at no charge to the other Party.The WWSS Commission will coordinate
with Tigard on the inspection of the facilities associated with the connection.
6.2. The design and construction of the temporary connection in this Restated Agreement
will be conducted by WWSS Commission and its contractor with coordination per
Article 3.1.
ARTICLE 7 - Fiscal and Operational Impacts and Use of Water
7.1. The Parties agree to work together to determine how best to provide the water to fulfill
the need to test the sections of the Project. When temporary water is required ("water
draw"), the WWSS Commission will notify Tigard (48-hour notification)to coordinate the
timing, method, and conditions for drawing water into the WWSS from Tigard. The
water will be sold by Tigard to the WWSS Commission as outlined in Article 8.
ARTICLE 8 - Cost of Water and Payment
8.1. Following the sale by Tigard after a water draw under this Restated Agreement,Tigard
will read the meter and determine the quantity supplied.
8.1.1. Tigard will sell water to the WWSS Commission, and the cost of the water shall
be charged for the actual water used at the Tier One residential rate or a rate
that is at or below the approved residential customer class rate adopted by
Tigard. Recognizing the short-term and sporadic nature of the need,there will
be no system delivery charge, system development charge, connection fee, or
other fixed charge associated with this use.
8.1.2. The cost of water, as determined under Article 8.1.1, will be billed by Tigard to
the WWSS Commission and payable within thirty(30) days of invoice.
ARTICLE 9 - Indemnity
9.1. Each Party agrees to indemnify and hold harmless the other Party, its officers,
employees, and agents from and against all claims, demands, and causes of actions and
suits of any kind or nature for personal injury, death, or damage to property on account
of or arising out of services performed or the omissions of services or in any way
resulting from the negligent or wrongful acts or omissions of the indemnifying Party and
its officers, employees, and agents. To the extent applicable,the above indemnification
is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act
(ORS 30.260 through 30.300). Notwithstanding the foregoing, each Party shall be solely
responsible for any contract claims, delay damages, permit compliance, permit
violations, or similar items to the extent arising from or caused by the action or inaction
of the Party under this Restated Agreement.
ARTICLE 10 - General Provisions
10.1. Notices.Any notices regarding operation, maintenance, repair, replacement, breach,
termination, or other issues shall be deemed sufficient if deposited in the United States
Mail, First Class, postage prepaid, addressed to the Parties as follows:
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To the WWSS Commission:
Tualatin Valley Water District
Attn: WWSP Director
1850 SW 170th Avenue
Beaverton, OR 97003
To Tigard:
City of Tigard
Attn: City Manager
13125 SW Hall Blvd.
Tigard, OR 97223
10.2. Dispute Resolution.The Parties hereby agree that resolution of any and all disputes
arising out of the terms of this Restated Agreement or interpretation thereof shall
follow a prescribed process beginning with negotiation and subsequently moving to
mediation, provided the dispute remains unresolved. If a dispute arises between the
Parties regarding this Restated Agreement,the Parties shall follow the dispute
resolution provisions below:
10.2.1. Written Notice. A written notice regarding the dispute (Dispute Notice) shall be
sent to the other Party.
10.2.2. Negotiations. Within thirty (30) days following receipt of the Dispute Notice,the
Parties shall each assign a representative to participate in good faith
negotiations for a period not to exceed sixty(60) days after appointment of the
representatives.
10.2.3. Mediation. If, after the sixty (60) day period of negotiation (or a period not to
exceed ninety (90) days following the receipt date of the Dispute Notice), the
dispute(s) cannot be resolved,the Parties agree to submit the matter to non-
binding mediation. The Parties shall attempt to agree on a mediator in a period
not to exceed one hundred twenty(120) days following the receipt date of the
Dispute Notice and proceed accordingly.
10.2.4. Litigation. If the Parties cannot agree on a mediator within the allocated time,
or if the mediator cannot resolve the dispute(s) within one hundred eighty (180)
days following the receipt date of the Dispute Notice, either of the Parties may
file suit in a court of competent jurisdiction. Each of the Parties shall bear its
own attorneys'fees and expert witness fees at all stages of the dispute
resolution process, including at trial or in any appeals. In addition, nothing shall
prevent the Parties from waiving any of the dispute resolution steps by mutual
consent.
10.3. Default.The failure of a Party to perform any duty imposed upon it by this Restated
Agreement shall constitute a default.
10.3.1. Notice of Default.The non-defaulting Party shall have the right to give the
defaulting Party a written notice of default, which shall describe the default in
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reasonable detail and state the day by which the default must be cured, which
date shall be at least ten (10) days after receipt of the notice of default.
10.3.2. Rights Upon Default. Recognizing time is of the essence, a defaulting Party shall
have ten (10) days to cure a default,following written notice thereof, unless
cure within such ten (10) day period is not reasonably possible; in that case,the
period to cure the default shall be extended to thirty(30) days or such other
time that the non-defaulting Party is willing to agree to, provided that the
defaulting Party has diligently begun to work, in good faith, to cure the default
within the original prescribed ten (10) day period. In addition, the non-
defaulting Party may pursue any other remedy available at law or in equity
against the defaulting Party, subject to the dispute resolution procedures set
forth in Article 10.2.
10.4. Termination.Any Party may terminate this Restated Agreement under any of the
following conditions:
10.4.1. For breach of a material term of this Restated Agreement, after written notice
under Section 10.3.1 and failure to cure under Section 10.3.2.
10.4.2. By mutual written agreement of the Parties to terminate for convenience.
10.5. Excused Performance. No party shall be deemed to be in default where delays or
default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes,
fires, casualties, acts of God, governmental restrictions imposed or mandated by
governmental entities other than the parties, acts of conflicting state or federal laws or
regulations, new or supplementary environmental regulation, litigation or similar bases
for excused performance that are not within the reasonable control of the Party to be
excused.
10.6. Effective Date. This Restated Agreement is effective on the last date signed by the
Parties below and remains in effect until terminated as provided herein. Upon the
effective date of this Restated Agreement, the Intergovernmental Agreement between
Tualatin Valley Water District, the City of Hillsboro and the City of Tigard for Temporary
Water Supply dated April 4, 2018 shall be terminated and superseded by this Restated
Agreement.
10.7. Integration. This Restated Agreement, including all exhibits attached hereto, contains
the entire and integrated agreement between the Parties and supersedes all prior
written or oral discussions, representations, or agreements. In case of conflict among
these documents,the provisions of this Restated Agreement shall control.
10.8. Assignment/Additional Parties.The WWSS Commission or its members may create
further intergovernmental agreement(s) between them or with other municipal water
suppliers that may own or use the Project and the WWSS. Tigard agrees to assignment
of the rights, obligations, and covenants of this Restated Agreement to include those
municipal water suppliers individually, along with the WWSS Commission.
10.9. Adherence to Law.The Parties shall adhere to all applicable federal, state,and local
laws. Any certificates, licenses, or permits that are required by law to be obtained or
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maintained in order to perform any work described in this Restated Agreement shall be
obtained and maintained throughout the term of this Restated Agreement.
10.10. Governing Law.This Restated Agreement is governed by the laws of the State of
Oregon. Venue for any litigation shall be in Washington County, Oregon.
10.11. Nonwaiver. Failure by any Party at any time to require performance by any other Party
of any of the provisions of this Restated Agreement shall in no way affect the Party's
rights hereunder to enforce the same, nor shall any waiver by the Party of the breach
hereof be held to be a waiver of any succeeding breach or a waiver of this nonwaiver
clause.
10.12. Severability. In case any one or more of the provisions contained in this Restated
Agreement shall be judicially deemed invalid, illegal, or unenforceable in any respect,
the validity, legality, and enforceability of the remaining provisions contained herein
shall not in any way be affected or impaired thereby.
10.13. Amendment. The terms of this Restated Agreement may be amended or supplemented
by mutual agreement of the Parties.Any amendment or supplement shall be in writing,
shall refer specifically hereto and shall be executed by the Parties.
10.14. Survival Terms and Conditions.The provisions of this Restated Agreement shall survive
its termination to the full extent necessary for their enforcement and the protection of
the Party in whose favor they run.
10.15. Time of the Essence.Time is expressly made of the essence in the performance of this
Restated Agreement.
10.16. Number, Gender, and Captions. In construing this Restated Agreement, it is understood
that, if the context so requires,the singular pronoun shall be taken to mean and include
the plural,the masculine, the feminine, and the neuter, and that, generally, all
grammatical changes shall be made, assumed, and implied to individuals and/or
corporations and partnerships.All captions and paragraph headings used herein are
intended solely for convenience of reference and shall in no way limit any of the
provisions of this Restated Agreement.
10.17. Good Faith and Cooperation. The Parties agree and represent to each other good faith,
cooperation, and due diligence in the performance of all obligations of the Parties
pursuant to this Restated Agreement.
10.18. Interpretation.This Restated Agreement shall be deemed and construed to have been
prepared mutually by each Party, and it shall be expressly agreed that any uncertainty
or ambiguity existing therein shall not be construed against any Party.
10.19. Counterparts.This Restated Agreement may be signed in one or more counterparts,
each of which shall be deemed an original and, when taken together, shall constitute
one and the same agreement.
10.20. Authority. Each person signing on behalf of a Party hereby warrants actual authority to
bind his/her respective Party.
10.21. Access to Books, Records,and Accounting.The WWSS Commission shall maintain
books, records, and reports regarding the connection to the Project showing all income,
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receipts, expenses, and costs.These records shall be maintained for a period of three (3)
years following final completion of the Project. All such books, records, and reports may
be examined, and copies made by Tigard staff at reasonable times upon reasonable
notice.
10.22. No Third-Party Beneficiary. Nothing in this Restated Agreement shall be construed to
create any duty to, any standard of care with reference to, or any liability to any person
not a Party hereto.There shall be no express or implied third-party beneficiary of this
Restated Agreement. No entity or person, other than the Parties, shall have the right to
enforce any right under this Restated Agreement.
10.23. WWSS Commission Agents. The Parties acknowledge that TVWD is the Managing
Agency for the WWSS Commission and operates the WWSP for that purpose, each of
which will act as the agent for the WWSS Commission for purposes of this Restated
Agreement. In the event the WWSS Commission changes its Managing Agency or
changes the role of the WWSP,the WWSS Commission will provide notice to Tigard of
such change, including the appropriate contact information for individuals acting as the
WWSS Commission's agents.
10.24. Consent to Assignment. By executing this Restated Agreement,Tigard consents to the
assignment of the Agreement from TVWD and Hillsboro to the WWSS Commission and
agrees that no further action shall be required for the WWSS Commission to execute
this Restated Agreement for that purpose.
(signatures on following page)
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IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year
hereinafter written.
CITY OF TIGARD, OREGON WILLAMETTE WATER SUPPLY SYSTEM
COMMISSION
By: Marty Wine By: David Kraska
Title: City Manager Title: General Manager
Date: Date:
Approved as to Form
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Exhibit A
Conformed Documents for Construction
July 2019
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN
WILLAMETTE WATER SUPPLY SYSTEM COMMISSION
AND THE CITY OF TIGARD
FOR TEMPORARY WATER SUPPLY
This Amended and Restated Intergovernmental Agreement ("Restated Agreement") is entered into
between the Willamette Water Supply System Commission, an intergovernmental entity formed under
ORS Chapter 190, and the City of Tigard, an Oregon municipal corporation ("Tigard"), each also referred
to as "Party" or collectively as "Parties."
RECITALS
A. WHEREAS, ORS 190 authorizes units of local government to enter into intergovernmental
agreements for the performance of any or all functions and activities that a Party to this Restated
Agreement has the authority to perform; and
B. WHEREAS, by agreement dated June 16, 2015,Tualatin Valley Water District ("TVWD") and the City
of Hillsboro ("Hillsboro") agreed to design and construct the Willamette Water Supply System
("WWSS") providing municipal drinking water from the Willamette River to their respective water
systems; and
C. WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-4.3" waterline project on Southwest Roy Rogers Road from the City of Sherwood City Limits
to 2,500-ft south of Southwest Bull Mountain Road; and
D. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.1" waterline project from the Urban Growth Boundary approximately 2,500-ft south of
Southwest Bull Mountain Road to Southwest Scholls Ferry Road, which will be built as part of
Washington County's Roy Rogers Road Project ("Road Project") for roadway and waterline
improvements; and
E. WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the
"PLM-5.2" waterline project from Southwest Scholls Ferry Road to Southwest Grabhorn Road; and
F. WHEREAS, TVWD committed to construct the portion of the WWSS referred to as the "MPE_1.0"
waterline project from the intersection of Southwest Scholls Ferry Road and Southwest Roy Rogers
Road to Southwest Beaverton-Hillsdale Highway at Southwest Western Avenue; and
G. WHEREAS, the PLM_4.3, PLM_5.1, PLM_5.2, and MPE_1.0 waterline projects are collectively
referred to as the "Project"; and
H. WHEREAS, TVWD and Hillsboro initially conducted their work associated with the WWSS through a
group of employees who are publicly identified as the Willamette Water Supply Program ("WWSP")
and, through the WWSP, entered into an agreement with Tigard entitled Intergovernmental
Agreement between Tualatin Valley Water District,the City of Hillsboro, and the City of Tigard for
Temporary Water Supply, dated April 4, 2018 ("Agreement") to provide WWSS transmission pipeline
Page 1 of 11
projects with temporary potable water connections to Tigard's water system for the purposes of
testing and maintaining WWSS facilities; and
I. WHEREAS, the Agreement provided, among other things: a six-inch potable water connection at SW
Friendly Lane until construction of the WWSS is complete and the WWSS begins water service; the
ability for Tigard to construct additional improvements to make a permanent emergency connection
to the WWSS with a flow capacity of five (5) million gallons per day(MGD), which will require a
separate agreement between the Parties prior to use; and for Tigard to review utility and
development plans to ensure utilities accommodate the Project in Tigard's right of way and allow for
connection to Tigard's water system; and
J. WHEREAS, TVWD, Hillsboro, and the City of Beaverton have formed the Willamette Water Supply
Commission ("WWSS Commission"), an ORS Chapter 190 entity, by agreement effective July 1, 2019,
and this Restated Agreement is executed in part to assign all of WWSP's rights and obligations from
the Agreement to the WWSS Commission and provide for continuation of that prior Agreement and
allow for additional connection points; and
K. WHEREAS, TVWD, as the Managing Agency of the WWSS Commission, is responsible for receiving
payments from Tigard for upsizing and paying Tigard invoices for pipeline construction water use.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions, and covenants set forth below, and the
Recitals which are incorporated into this Restated Agreement as if fully set forth herein, the Parties
agree as follows:
ARTICLE 1 - Description of Water Connections
1.1. Friendly Lane Connection ("Friendly Lane Connection"): a temporary six-inch connection
and a potential future emergency connection at the PLM_5.1 portion of the Project
which will connect to Tigard's 18-inch transmission line at a mutually agreeable location
near SW Friendly Lane.
1.1.1. The Parties agree that the WWSS Commission may design and construct a six-
inch connection between the Tigard water distribution system and the Project
within the City of Tigard at SW Friendly Lane, shown on Exhibit A. The point of
connection shall be in a public right of way, and the Parties agree that Tigard
and the WWSS Commission shall have full and complete access at all times to
operate and maintain the valves, vaults, and appurtenances.
1.1.2. The WWSS design will provide for a future permanent emergency connection
with a capacity of five (5) million gallons per day (MGD) near Friendly Lane so
that Tigard can obtain future emergency water supply for its water system from
the Project. The size of the Friendly Lane Connection for this purpose is
anticipated to be 18-inch diameter capable of providing the desired 5 MGD flow
capacity.
1.2. Satsuma Connection ("Satsuma Connection"): one temporary connection will be made
between the Project and Tigard's system using maximum flow requirements as set by
Tigard near SW Satsuma Avenue.
Page 2 of 11
1.3. Additional connection points may be considered in the future under separately
negotiated and executed intergovernmental agreements or by amendment to this
Restated Agreement.
ARTICLE 2 - Cost
2.1. The cost allocation of the Friendly Lane Connection will be determined according to the
percentage split as shown in Exhibit B and as described below. Generally,the cost of this
portion of the Project will be determined as follows:
2.1.1. The WWSS Commission will be solely responsible for all costs to design,
construct, operate, maintain, repair, and replace one six-inch connection for
testing and maintenance of the Project until the entire WWSS is completed and
water is produced and delivered from the WWSS.The size of piping needed for
this purpose is six (6) inches in diameter, including the backflow device and
meter.
2.1.2. Tigard will be solely responsible for all costs to upsize the six-inch temporary
Friendly Lane Connection piping from six(6) inches in diameter to eighteen (18)
inches in diameter for the future permanent emergency connection.
2.1.3. The design of the Friendly Lane Connection shall be compatible with and
provide for interoperability so that the WWSS Commission may use the
connection as described in this Restated Agreement, including filling,testing,
and maintaining the Project and other connecting WWSS transmission projects.
The Agreement cost-split was based on the WWSS Commission design
consultant's engineer's estimate to construct the six-inch connection to
periodically draw testing and maintenance water from Tigard for use in sections
of the WWSS, which will be "Cost A."The design consultant also provided an
engineer's estimate for the additional cost of upsizing the six-inch connection to
a 12-inch connection for the Friendly Lane Connection, the cost of which
includes the cost of the meter and control vaults,which will be "Cost B."
Per the cost-split set forth in the Agreement, the proportion of Cost A
attributable to the six-inch connection to Cost B (i.e., Cost A divided by [Cost A+
Cost B] x 100 = Cost A percentage) results in 68%of the cost of the connection
to be covered by the WWSS Commission.The remaining proportion (32%)will
be covered by Tigard, as identified in the "Cost of Work" and "True-up to Bid
Costs" sections of Exhibit B.
The construction contractor's bid for the 12-inch connection for the Friendly
Lane Connection is reflected in the "True-up to Bid Costs" on Exhibit B. Per
Tigard's request to construct an 18-inch connection at the Friendly Lane
Connection, the WWSS Commission requested a change order from the
construction contractor.The construction contractor's bid for the 18-inch
connection for the Friendly Lane Connection is reflected in the "Change Order
Costs" on Exhibit B. The "Total Actual Costs" on Exhibit B reflect the costs for
each Party.
2.1.4. The WWSS Commission has bid the work as described in Article 1 to establish
the construction cost for that work.
Page 3 of 11
2.1.5. Tigard will be billed its "Total Actual Costs," as identified in Exhibit B. Half of the
payment will be invoiced upon signature;the other half will be invoiced in July
2020. Payment will be due and payable to TVWD within thirty (30) days of the
invoice.
2.1.6. Tigard acknowledges Washington County will manage the contract for the
actual construction of the connections to the Tigard system.The WWSS
Commission will notify Tigard of any potential construction contract change
orders that may affect Tigard's cost for the connection construction at the
earliest possible time after the WWSS Commission receives notice from
Washington County.The WWSS Commission will endeavor to avoid or minimize
change order requests from Washington County that affect Tigard. If Tigard
does not approve the change order that increases Tigard's cost, the Parties
recognize that Washington County, in its sole discretion or with approval by the
WWSS Commission, may still approve the change order. In such case,the WWSS
Commission will be responsible to pay the change order amount, provided,
however,that the WWSS Commission may seek contribution from Tigard for
Tigard's proportional share, as defined in Article 2.1.3.The Parties reserve all
rights as to responsibility for payment and agree to resolve the matter through
dispute resolution.
2.1.7. If Tigard successfully negotiates an agreement for a future permanent
emergency connection at the Friendly Lane Connection,Tigard will be
responsible for the full cost of additional design, management, and construction
of the full build-out of the emergency connection. Costs for designing and
constructing the Friendly Lane Connection as a permanent emergency
connection will be the sole responsibility of Tigard and shall be included as part
of a future emergency water supply intergovernmental agreement.
2.2. All costs associated with the temporary connection of the Project at Satsuma Avenue will
be paid in its entirety by the WWSS Commission.
ARTICLE 3 - System Connections and Operation Protocols
3.1. For both the emergency and temporary connections:
3.1.1. During and following construction, each Party shall appoint a representative to
coordinate the use, operation, maintenance, repair, and replacement of the
connection and valves according to prudent utility practices.
3.1.2. The Parties agree to maintain their portion of the connection in good working
order so that they are available to be put in service when a water draw is
needed.
3.1.3. The WWSS Commission representative will develop a schedule for Project water
requirements and provide it to the Tigard representative for review and
approval so Tigard will have sufficient notice (minimum 48 hours) of when the
WWSS Commission will need to draw water from the Tigard system. The project
schedule should be updated and provided to Tigard on a weekly basis during the
Project construction period.
Page 4 of 11
3.1.4. The flow from the Tigard system shall be limited to no more than 700 gallons
per minute without prior authorization from Tigard, and Tigard will maintain
control and operate all valves which are part of the Tigard system.Tigard
requires 48-hours notification for the operation of valves.
3.2. Additional conditions to accommodate the permanent emergency connection for the
Friendly Lane Connection include the following:
3.2.1. WWSS Commission will install two 18-inch isolation valves, a six-inch flow
meter, and a six-inch approved backflow prevention device that will connect to
the Tigard system. Both isolation valves will remain closed to the Tigard system
except for those periods when water from Tigard will be used to test the
Project.
3.2.2. The Parties will be responsible for and maintain control of separate valves,
vaults, and appurtenances, including all costs associated therewith as defined
here. Responsibility will be as shown in Exhibit A with the piping from the WWSS
main pipeline to the meter vault and the valve separating the two vaults being
the responsibility of the WWSS Commission.The remaining portion from that
valve,through and including the pressure regulating/control valve and vault to
the point of connection with Tigard's system,will be the responsibility of Tigard.
ARTICLE 4 - Term
4.1. The term of this Restated Agreement and use of water by the WWSS Commission shall
continue until construction of the WWSS is complete and potable water delivery service
begins, which is anticipated to occur in 2026.This Restated Agreement shall
automatically terminate when both: (a)the WWSS is complete; and (b)the WWSS
begins potable water delivery service to TVWD, Hillsboro, and Beaverton. Upon
termination under this section, and if Tigard does not wish to have the permanent
emergency Friendly Lane Connection as described in this Restated Agreement,the
WWSS Commission will remove the six-inch connection, and cost splits for the removal
of the connection will be as defined in Article 2.1.3.
ARTICLE 5 - Future Tigard Agreement
5.1. This Restated Agreement confers no rights or privileges upon Tigard to the WWSS,to
the Project, or to any water through or from the WWSS. If Tigard desires a permanent S
MGD permanent emergency connection at the Friendly Lane Connection or other
connections to the WWSS,then Tigard must negotiate and seek approval for a separate
agreement regarding construction, connection, metering, and use of WWSS water for
the permanent emergency connection at the Friendly Lane Connection or other
connections.The WWSS Commission will not provide WWSS water to Tigard in the
absence of such an agreement.The permanent emergency Friendly Lane Connection
shall be the sole cost responsibility of Tigard, including any and all costs of making the
conversion to a permanent connection, including, but not limited to, a seismic valve,
electrical, SCADA,flow control devices, and a meter to measure usage.
ARTICLE 6 - Construction Coordination
6.1. The design and construction of the Friendly Lane Connection, including any permanent
emergency connection, in this Restated Agreement will be conducted as part of the
Page 5 of 11
Project and the Road Project. The Parties will coordinate with each other during the
design and construction to provide for minimal inconvenience to each other. The Parties
will each conduct review and approval of construction submittals, other than permit
applications, at no charge to the other Party. The WWSS Commission will coordinate
with Tigard on the inspection of the facilities associated with the connection.
6.2. The design and construction of the temporary connection in this Restated Agreement
will be conducted by WWSS Commission and its contractor with coordination per
Article 3.1.
ARTICLE 7 - Fiscal and Operational Impacts and Use of Water
7.1. The Parties agree to work together to determine how best to provide the water to fulfill
the need to test the sections of the Project. When temporary water is required ("water
draw"),the WWSS Commission will notify Tigard (48-hour notification) to coordinate the
timing, method, and conditions for drawing water into the WWSS from Tigard. The
water will be sold by Tigard to the WWSS Commission as outlined in Article 8.
ARTICLE 8 - Cost of Water and Payment
8.1. Following the sale by Tigard after a water draw under this Restated Agreement, Tigard
will read the meter and determine the quantity supplied.
8.1.1. Tigard will sell water to the WWSS Commission, and the cost of the water shall
be charged for the actual water used at the Tier One residential rate or a rate
that is at or below the approved residential customer class rate adopted by
Tigard. Recognizing the short-term and sporadic nature of the need, there will
be no system delivery charge, system development charge, connection fee, or
other fixed charge associated with this use.
8.1.2. The cost of water, as determined under Article 8.1.1, will be billed by Tigard to
the WWSS Commission and payable within thirty (30) days of invoice.
ARTICLE 9 - Indemnity
9.1. Each Party agrees to indemnify and hold harmless the other Party, its officers,
employees, and agents from and against all claims, demands, and causes of actions and
suits of any kind or nature for personal injury, death, or damage to property on account
of or arising out of services performed or the omissions of services or in any way
resulting from the negligent or wrongful acts or omissions of the indemnifying Party and
its officers, employees, and agents. To the extent applicable, the above indemnification
is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act
(ORS 30.260 through 30.300). Notwithstanding the foregoing, each Party shall be solely
responsible for any contract claims, delay damages, permit compliance, permit
violations, or similar items to the extent arising from or caused by the action or inaction
of the Party under this Restated Agreement.
ARTICLE 10 - General Provisions
10.1. Notices. Any notices regarding operation, maintenance, repair, replacement, breach,
termination, or other issues shall be deemed sufficient if deposited in the United States
Mail, First Class, postage prepaid, addressed to the Parties as follows:
Page 6 of 11
To the WWSS Commission:
Tualatin Valley Water District
Attn: WWSP Director
1850 SW 170th Avenue
Beaverton, OR 97003
To Tigard:
City of Tigard
Attn: City Manager
13125 SW Hall Blvd.
Tigard, OR 97223
10.2. Dispute Resolution.The Parties hereby agree that resolution of any and all disputes
arising out of the terms of this Restated Agreement or interpretation thereof shall
follow a prescribed process beginning with negotiation and subsequently moving to
mediation, provided the dispute remains unresolved. If a dispute arises between the
Parties regarding this Restated Agreement,the Parties shall follow the dispute
resolution provisions below:
10.2.1. Written Notice.A written notice regarding the dispute (Dispute Notice) shall be
sent to the other Party.
10.2.2. Negotiations. Within thirty(30) days following receipt of the Dispute Notice, the
Parties shall each assign a representative to participate in good faith
negotiations for a period not to exceed sixty(60) days after appointment of the
representatives.
10.2.3. Mediation. If, after the sixty(60) day period of negotiation (or a period not to
exceed ninety(90) days following the receipt date of the Dispute Notice),the
dispute(s) cannot be resolved,the Parties agree to submit the matter to non-
binding mediation.The Parties shall attempt to agree on a mediator in a period
not to exceed one hundred twenty(120) days following the receipt date of the
Dispute Notice and proceed accordingly.
10.2.4. Litigation. If the Parties cannot agree on a mediator within the allocated time,
or if the mediator cannot resolve the dispute(s) within one hundred eighty (180)
days following the receipt date of the Dispute Notice, either of the Parties may
file suit in a court of competent jurisdiction. Each of the Parties shall bear its
own attorneys' fees and expert witness fees at all stages of the dispute
resolution process, including at trial or in any appeals. In addition, nothing shall
prevent the Parties from waiving any of the dispute resolution steps by mutual
consent.
10.3. Default.The failure of a Party to perform any duty imposed upon it by this Restated
Agreement shall constitute a default.
10.3.1. Notice of Default.The non-defaulting Party shall have the right to give the
defaulting Party a written notice of default, which shall describe the default in
Page 7 of 11
reasonable detail and state the day by which the default must be cured, which
date shall be at least ten (10) days after receipt of the notice of default.
10.3.2. Rights Upon Default. Recognizing time is of the essence, a defaulting Party shall
have ten (10) days to cure a default, following written notice thereof, unless
cure within such ten (10) day period is not reasonably possible; in that case,the
period to cure the default shall be extended to thirty(30) days or such other
time that the non-defaulting Party is willing to agree to, provided that the
defaulting Party has diligently begun to work, in good faith,to cure the default
within the original prescribed ten (10) day period. In addition,the non-
defaulting Party may pursue any other remedy available at law or in equity
against the defaulting Party, subject to the dispute resolution procedures set
forth in Article 10.2.
10.4. Termination.Any Party may terminate this Restated Agreement under any of the
following conditions:
10.4.1. For breach of a material term of this Restated Agreement, after written notice
under Section 10.3.1 and failure to cure under Section 10.3.2.
10.4.2. By mutual written agreement of the Parties to terminate for convenience.
10.5. Excused Performance. No party shall be deemed to be in default where delays or
default is due to war, insurrection, strikes,walkouts, riots, floods, drought, earthquakes,
fires, casualties, acts of God, governmental restrictions imposed or mandated by
governmental entities other than the parties, acts of conflicting state or federal laws or
regulations, new or supplementary environmental regulation, litigation or similar bases
for excused performance that are not within the reasonable control of the Party to be
excused.
10.6. Effective Date.This Restated Agreement is effective on the last date signed by the
Parties below and remains in effect until terminated as provided herein. Upon the
effective date of this Restated Agreement,the Intergovernmental Agreement between
Tualatin Valley Water District,the City of Hillsboro and the City of Tigard for Temporary
Water Supply dated April 4, 2018 shall be terminated and superseded by this Restated
Agreement.
10.7. Integration. This Restated Agreement, including all exhibits attached hereto, contains
the entire and integrated agreement between the Parties and supersedes all prior
written or oral discussions, representations, or agreements. In case of conflict among
these documents,the provisions of this Restated Agreement shall control.
10.8. Assignment/Additional Parties.The WWSS Commission or its members may create
further intergovernmental agreement(s) between them or with other municipal water
suppliers that may own or use the Project and the WWSS.Tigard agrees to assignment
of the rights, obligations, and covenants of this Restated Agreement to include those
municipal water suppliers individually, along with the WWSS Commission.
10.9. Adherence to Law.The Parties shall adhere to all applicable federal, state, and local
laws.Any certificates, licenses, or permits that are required by law to be obtained or
Page 8 of 11
maintained in order to perform any work described in this Restated Agreement shall be
obtained and maintained throughout the term of this Restated Agreement.
10.10. Governing Law.This Restated Agreement is governed by the laws of the State of
Oregon.Venue for any litigation shall be in Washington County, Oregon.
10.11. Nonwaiver. Failure by any Party at any time to require performance by any other Party
of any of the provisions of this Restated Agreement shall in no way affect the Party's
rights hereunder to enforce the same, nor shall any waiver by the Party of the breach
hereof be held to be a waiver of any succeeding breach or a waiver of this nonwaiver
clause.
10.12. Severability. In case any one or more of the provisions contained in this Restated
Agreement shall be judicially deemed invalid, illegal, or unenforceable in any respect,
the validity, legality, and enforceability of the remaining provisions contained herein
shall not in any way be affected or impaired thereby.
10.13. Amendment.The terms of this Restated Agreement may be amended or supplemented
by mutual agreement of the Parties.Any amendment or supplement shall be in writing,
shall refer specifically hereto and shall be executed by the Parties.
10.14. Survival Terms and Conditions.The provisions of this Restated Agreement shall survive
its termination to the full extent necessary for their enforcement and the protection of
the Party in whose favor they run.
10.15. Time of the Essence.Time is expressly made of the essence in the performance of this
Restated Agreement.
10.16. Number,Gender,and Captions. In construing this Restated Agreement, it is understood
that, if the context so requires,the singular pronoun shall be taken to mean and include
the plural,the masculine, the feminine, and the neuter, and that, generally, all
grammatical changes shall be made, assumed, and implied to individuals and/or
corporations and partnerships.All captions and paragraph headings used herein are
intended solely for convenience of reference and shall in no way limit any of the
provisions of this Restated Agreement.
10.17. Good Faith and Cooperation.The Parties agree and represent to each other good faith,
cooperation, and due diligence in the performance of all obligations of the Parties
pursuant to this Restated Agreement.
10.18. Interpretation.This Restated Agreement shall be deemed and construed to have been
prepared mutually by each Party, and it shall be expressly agreed that any uncertainty
or ambiguity existing therein shall not be construed against any Party.
10.19. Counterparts.This Restated Agreement may be signed in one or more counterparts,
each of which shall be deemed an original and, when taken together, shall constitute
one and the same agreement.
10.20. Authority. Each person signing on behalf of a Party hereby warrants actual authority to
bind his/her respective Party.
10.21. Access to Books, Records,and Accounting.The WWSS Commission shall maintain
books, records, and reports regarding the connection to the Project showing all income,
Page 9 of 11
receipts, expenses, and costs. These records shall be maintained for a period of three (3)
years following final completion of the Project. All such books, records, and reports may
be examined, and copies made by Tigard staff at reasonable times upon reasonable
notice.
10.22. No Third-Party Beneficiary. Nothing in this Restated Agreement shall be construed to
create any duty to, any standard of care with reference to, or any liability to any person
not a Party hereto. There shall be no express or implied third-party beneficiary of this
Restated Agreement. No entity or person, other than the Parties, shall have the right to
enforce any right under this Restated Agreement.
10.23. WWSS Commission Agents.The Parties acknowledge that TVWD is the Managing
Agency for the WWSS Commission and operates the WWSP for that purpose, each of
which will act as the agent for the WWSS Commission for purposes of this Restated
Agreement. In the event the WWSS Commission changes its Managing Agency or
changes the role of the WWSP, the WWSS Commission will provide notice to Tigard of
such change, including the appropriate contact information for individuals acting as the
WWSS Commission's agents.
10.24. Consent to Assignment. By executing this Restated Agreement,Tigard consents to the
assignment of the Agreement from TVWD and Hillsboro to the WWSS Commission and
agrees that no further action shall be required for the WWSS Commission to execute
this Restated Agreement for that purpose.
(signatures on following page)
Page 10 of 11
IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year
hereinafter written.
CITY OF TIGARD, OREGON WILLAMETTE WATER SUPPLY SYSTEM
COMMISSION
By: Marty Wine By: David Kraska
Title: City Manager Title: General Manager
Date: Date:
Approved as to Form
Page 11 of 11
Exhibit A
Conformed Documents for Construction
July 2019
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DWG PN-1s
CHK McMillen Jacobs Associates STA:799+00 TO STA:803+30
T.Hunziker Al 7/19 DC-04: INCREASE PIPE SIZET018" TWL RWB IF NOT ONE INCH ON CONSTRUCTION WILLAMETTE WATER SUPPLY PROGRAM
DATE SEPT 2018
EXPIRES: 6/30/2021 APVD THIS SHEET,ADJUST PLM_5.1 PROJECT OBEC Consulting Engineers
B.Hughes NO. DATE REVISION BY APVD SCALES ACCORDINGLY. PROJ 683635
FILENAME:683635 PN-01-PN-16 PLAN AND PROFILES.DWG PLOT DATE AND TIME: 7/3/2019 5:09:20 PM
1
_CARV VENT RISER S 21 SIM i -� NOTES:
T1
SUB-GRADE PULL BOX 1. ALL PIPE CONNECTIONS AND JOINTS ARE TO
BOLLARD ----- -----'------- - -L-----J=J BE FULLY RESTRAINED.
N: 137049.05
' I E: 301628.00 BOLLARD 2. TEST AND DISINFECT PIPING IN
66"STEEL WATER LINE N: 137049.00
SEE PN-15 AND PN-16 �/�' AO PH-PGE-T3 2
STA 0+06.94 I 1 "BFV TYP E: 301635.66 ACCORDANCE WITH SPECIFICATIONS.
SD-1 S0.1
18"FL X FL FLEX-TEND PH-G-T24 3. CONTRACTOR TO EXCAVATE AND VERIFY
RV VAULT
\� SEISMIC JOINT µPH-TW-T1 I I I I ' 3 ° ° a
STA 0+00.00 I CA ° LOCATION,DEPTH,AND CONDITION OF
BEGIN 18"DIP WL CROSSA p-07 N: 137042.25 ° EXISTING PIPE PRIOR TO ORDERING
E: 301623.39 FLOW METER VAULT MATERIALS.
CONNECT TO 66"STL WL STA 0+77.50 4 SEE SHEET PSD-12
W/18"INSULATING FLANGE KIT DEFLECT PIPE 4.24° ` I 1 TYP 4. THE CONTRACTOR SHALL NOT OPERATE
N: 137031.10 NO ACROSS 3 JOINTS 2 I DITCH INLET SD-1 STA 1+38.31 0 10 zo ANY EXISTING WATER VALVES. COORDINATE
E: 301509.12 N: 137036.25 m 12"RCP
m , E: 301586.45 SD-1 INV=317.33 18'X 90°HORIZ.BEND WORK WITH OWNER AND CITY OF TIGARD AS
N: 137035.80 SCALE IN FEET NEEDED.
D-0 NG - 18"DIP WIL _ - - - E: 301647.26
5. THREE NEW CONDUITS(EACH(2)6"
- ISEE NOTE 8 CONDUITS)TO BE
SEE OTE6 I I\ LL II 2 FRIENDLY LN PRIOR TO CONSTRUCTION. RS
UC ION. LLOCATION
/ w o - .._ 18"BFV 0.1 0.1 'TYP SEE NOTE 5 UNKNOWN. CONTRACTOR TO COORDINATE
r I REMOVE EXST -- WITH PGE.
/ 1If 8"FL X MJ ADAPTER (� I SEE N 5 18"x12"REDUCER
1 OTE
1 It IO 1 1 I 6. EXCAVATION WITHIN 10'OF THE 12"HP GAS
'I UJ 1 STA 1+76.60END 18"DIP WL MAIN REQUIRES A HP SAFETY STAND BY.
'r z CONNECT TO EXISTING 18"WL REMOVE EXST va STA
ORIZ.BEND
_ MANAGEMENT
NATURAL ENTER T503-2 CE
SD-0 �SEE NOTE 3
SD-2 SIM i 1 2 O I 12"GATE VALVE N:137027.57 MANAGEMENT CENTER AT 503-220-2415(24
N: 137027.79 HR EMERGENCY LINE 1-800-882-3377)TO
D-1 0.1 -.
E: 301617.14 REPLACE EXST E:301647.20 SCHEDULE.
____ 12"x12"TEE
18"}�L x FL BFV O /18" 0.1 D-1 'N W/18"x18"x12"TEE 7. CONTRACTOR TO REPAIR AND REPLACE
` BACKFLOW PREVENTER VAULT
2"VAULT DRAIN PAVEMENT IN FRIENDLY LN TO MATCH
m f CAP AT VAULTS FOR SEE SHEET PSD-12
EXISTING GRADE. PAVING SHALL MEET OR
DIT
�1 2RCPROVED BY THE INLET APPIOW ER . 33-EIASPHALT:
DTAOWING CRITERIA.
PLAN 1 "
INV=317.12 SUMP PUMP EL=314.60 LEVEL 2,1/2"DENSE GRADED HMAC,
SUMP DISCHARGE EL=317.50 ONE LIFT,COMPACTED TO 92%OF
0+00 1+00 2+00 MAMD.
-- -- -
BACKFLOW ',.. 2"THICK(3/4"-0)LEVELING COURSE
- - -- - METER PREVENTER -- - - 8"THICK(1-1/2"-0)AGGREGATE BASE
VAULT VAULT 95%OF MODIFIED PROCTOR ASTM D1557
-- • SUBGRADE:
COMPACTED.SOILS 95%OF MODIFIED
PROCTOR ,
1
___ _- -------- ---_ ---_ --- --__ ---_48"SDR---.. - } _. ._-...._...._.....---....-----... ....-.. 8. TURN OVER EXISTING REDUCER,TEE AND
(SEE ROADWAY PLANS) GATE VALVE TO THE CITY OF TIGARD.
320 - - - - -- -- - y-- f ... __.._ 320
18"WL UG ELEC ..
--. 2 -- --- ---- -._. DUCT
TYP CARV
VALVE BOX 3
80.1 SD-1 _ 24�n% D 07 _ --
0.00%
059
4"GAS
12"HP GAS- / 18"x 18"x 2" -5.0%
-,- TEE WITH VIJ
ENDS
2.61% -
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oc« DSGN T.Laney VERIFY SCALE SHEET 48
A o° BAR IS ONE INCH ON CONFORMED Willamette Water Supply CIVIL
01 T.
fltlHti���Q CHK T.Laney OORIGINA�G. DOCUMENTS FOR ' � = FILL STATION DWG PSD-11
_ T.Hunziker IF NOT ONE INCH ON CONSTRUCTION WILLAMETTE WATER SUPPLY PROGRAM McMillen Jacobs Associates PLAN AND SECTION DATE SEPT2018
EXPIRES: 6/30/2021 APVD Al CREASE PIPE SIZE TO 18" TWL RWB THIS SHEET,ADJUST PLM 5.1 PROJECT OBEC Consulting Engineers
B.Hughes NO. DATE REVISION BY APVD SCALES ACCORDINGLY. PROJ 683635
FI EN AM : 1,36 5 P D- 1 F LL T TIO .D G P OT DATE ND TIM rlil1 20 9 1 :2206 AM
REMOVABLE PRECAST MANHOLE LID AND FRAME,
MANHOLE LID AND FRAME, CONIC PANEL(4'X 5' NEENAH R-1557-A OR
NEENAH R-1 557-A OR CLEAR OPENING)
APPROVED EQUAL,SEE NOTE 2
GRADE RINGS
SEE PSD-11 FOR McCROMETER MW500
3 X 1-1/2"CONDUITS 6"FLOW METER APPROVED EQUAL,SEE NOTE 2 6"FLOW METER 1
18"X 6"FL X FL McCROMETER MW500 AS REQUIRED TO LADDER
CONTINUATION OR APPROVED EQUAL REDUCER,TYP.OF 2 OR APPROVED EQUAL MATCH GRADE D-14
REMOVABLE PRECAST LIFT ANCHORS(TYP) EXST GRADE
N 2"CARV VENT CONIC PANEL(4'X 5' LADDER D-14 PER MANUFACTURER 12'-0"
TO RIGHT-OF-WAY CLEAR OPENING)
SEE PSD-11 3 X 1-1/2"CONDUITS _ — — — — 18'X 6"FL X FL
12'-0" STUB OUT FOR FUTURE CONNECTION — — — — — — — — — REDUCER,TYP.OF 2
N:137041.34 1"BALL VALVE
E:301631.38 18"DISMANTLING JOINT
ROMAC NO.DJ400
2"SUMP DISCHARGE WITH CAP
3X
TO STORM INLET OR APPROVED EQUAL " 1-1/2"CONDUITS
(CAP AND PLUG FOR _ STUB OUT FOR FUTURE CONNECTION
FUTURE CONNECTION) 1"BALL VALVE 18"MJ X MJ BFV Z
SEE PSD-11WITH VALVE STEM MODULAR MECHANICAL 3
SUMP I WITH CAP
1 o EXTENSION 12"MIN f4. SEAL,TYP D-14
18"MJ X MJ BEV 9 _ _ _ ��\ 30"MINn N:137035.80
WITH VALVE STEM E:301647.26 / FLOW - - - �y / FLOW
EXTENSION I1 P" —
0"MI
- - - - -
< FLOW Z - 12"0"MOP o 0
Ng :. SI I
14-14 MECHANICAL 18"MODULAR rQ — — — n c z ROMAC NO.DJ400
ING JOINT
D SEAL,TYP iii N OR APPROVED EQUAL
3 X 1-1/2"CONDUITS 2"SUMP DISCHARGE
N:137030.50 N:137033.40 TO STORM INLET
18"MJ X MJ BEV E:301631.30 1"CHLORINE TAP E:301644.16 (CAP AND PLUG FOR
WITH VALVE FUTURE CONNECTION) ADJUSTABLE PIPE 6"THICK COMPACTED
STEM EXTENSION SUMP 18"BLIND FLANGE W/ SUPPORT,TYP GRANULAR FILL,TYP
MITSUI6"FLANGED OUTLET 18"MJ X MJ BEV
WITH VALVE STEM 1 CAST IRON GRATE 3 X 1-1/2"CONDUITS
EXTENSION 2 TYP STUB OUT FOR
N SD-13 SD-13 SEE NOTE 1 FUTURE CONNECTION
._ FLOW
S METER VAULT SECTION r2
18"DISMANTLING JOINT
— — ROMAC NO.DJ400 N:137027.57
48"MIN OR APPROVED EQUAL E:301647.20
REMOVABLE PRECAST REMOVABLE PRECAST
CONIC PANEL(4'X SHAPE
CONIC PANEL(4'X 5' O CLLEAR OPENING) 5 CONVEXILL CAPO CREATE
SEE PSD2"CARV CLEAR OPENING) LIFT ANCHORS(TYP) ULTRA HIGH INTENSITY
U FOR 111 6"BACKFLOW PREVENTER PER MANUFACTURER EXST GRADE
REFLECTIVE VINYL TAPE
CONTINUATION WATTS NO.774-LF OR 1"CHLORINE TAP 8'-0" (EMEDCO OR APPROVED
APPROVED EQUAL 6"BACKFLOW PREVENTER
:, :• 2"COMBINATION AIR VALVE EQUAL,2 ROWS MIN)
1 — — — — — — — — —WIATTS-N9:-77d�tf OR
D-14 ALADDER 8'0" 7'-6" -- — — .— — — — APPROVED EQUAL FILL SOLID WITH APPROVED
18"BLIND FLANGE W/ GROUT OR CONCRETE
MANHOLE LID AND FRAME, 18"BLIND FLANGE W/ N:137020.60 2"CARV VENT 6"FLANGED OUTLET HOT DIPPED GALVANIZED
NEENAH R-1 557-A OR 6"FLANGED OUTLET E:301640.06 (TYP.OF 2) POST(HSS ASTM 500,
APPROVED EQUAL GRADE RINGS AS REQUIRED 18"DISMANTLING JOINT 8.625"O.D.X 0.25"OR
SEE NOTE 2 TO MATCH GRADE 18"MJ X MJ BEV z ROMAC NO.DJ400 APPROVED EQUAL)
WITH VALVE g OR APPROVED EQUAL TOP OF
VAULT PLAN STEM EXTENSION GRADE (2)0'50-0 DRAIN
4 iv HOLES(EACH SIDE)
3/8"=1'-0"
NOTES: FLOW \ - - -—- FLOW
�
1. PRECAST VAULT FOUNDATION. l 7
in Z FILL WITH APPROVED
2. ALL PRECAST CONCRETE VAULTS, REMOVABLE PRECAST CONCRETE PANELS, GRADE RINGS, N MODULAR a I•• I• GROUT OR CONCRETE
MANHOLE FRAMES,AND MANHOLE L � z z I
MECHANICAL D-14 � � �' 1
SEAL,TYP
3. ALL PIPE 40INTS ARE TO BE FULLY RESTRAINED.
4. COORDI1 1OTTION
TALLATION WITH TRAFFIC CONTROL. SEE ROADWAY TRAFFIC CONTROL 2"SUMP DISCHARGE / f
PLANS FOR SEQUENCING. TO STORM INLET
(CAP AND PLUG FOR 12"0 6"THICK COMPACTED \
5. FOR SURFACE RESTORATION PLAN,SEE DRAWING PS0.11. FUTURE CONNECTION) SUMP - <
GRANULAR FILL,TYP
6. SEE SPECIFICATION SECTION 33 05 18 FOR DESIGN REQUIREMENTS FOR HYDROSTATIC UPLIFT AND
CAST IRON GRATE ADJUSTABLE PIPE 16"0
LATERAL EARTH PRESSURES THAT INCLUDE A SEISMIC COMPONENT. SEE NOTE 1 SUPPORT,TYP (MIN)
7. THE CONTRACTOR SHALL NOT OPERATE ANY EXISTING WATER VALVES. COORDINATE WORK WITH 3 X 1-1/2"CONDUITS
OWNER AND CITY OF TIGARD AS NEEDED. STUB OUT FOR
- FUTURE CONNECTION
<,E0 PROFE� 8. CONDUITS SHALL BE SCHEDULE 40 PVC MEETING REQUIREMENTS OF NEMA TC 2 AND UL 651.
BACKFLOW PREVENTER VAULT SECTION 3 STEEL BOLLARD SET IN GROUND �1
r 3/8"=1'-0"
DSGN T.Laney VERIFY SCALE CIVIL SHEET 49
o� BAR VERIFYONE INCH ON CONFORMED Willamette Water Supply
POO Hn� �@ DR T.Laney ORIGINAL DRAWING. FILL STATION DWG PSD-12
✓AYHON� CHK ems,. DOCUMENTS FOR Oak 1;?," w0r&
T.Hunziker Q 7/19 OUTLET SIZE INCREASED TO 18"(DC 04) TVNL RWB IF NOT ONE INCH ON CONSTRUCTION WILLAMETTE WATER SUPPLY PROGRAM McMillen Jacobs Associates DETAILS DATE SEPT 2018
EXPIRES: 6/30/2021 APVD THIS SHEET,ADJUST PLM-5.1 PROJECT OBEC Consulting Engineers
B.Hughes NO. DATE REVISION BY APVD SCALESACCORDiNGLv. PROJ 683635
FILENAME:683635 PSD-12.DWG PLOT DATE AND TIME: 7/15/2019 2:51:35 PM
TABLE 1-OUTLET
OUTLET STEEL CONNECTING PIPE -<
MAIN PIPE �a
OUTLET CML OUTLET COLLAR COLLAR EDGE SIZE OF OUTLET
MAIN PIPE OUTLET WALL OUTLET OD FOR VENT -
STATION WALL THICKNESS DEFLECTION THICKNESS,T WIDTH,W ON BLIND
NOM ID(IN) THICKNESS(IN) NOM ID(IN) (IN) THICKNESS (IN)(IN) ANGLE(DEG) (IN) (IN) FLANGE(IN)
I I
I I
745+10 66 0.313 30 0.375 0.375 30.00 90 0.239 8.00 10" 2�1 316 SS THREADED
STEEL CAP FOR DRAIN
745+60 66 0.313 30 0.375 0.375 30.00 90 0.239 8.00 0
2 1/2"FLAT THREAD-O-LET WITH SOLID CARBON STEEL PLUG.
0 CJp MASTIC FILLER
760+80 66 0.313 30 0.375 0.375 30.00 90 0.239 8.00 10" 100%UT,
316 SS NIPPLE,TYP NOTE 3
772+50 66 0.313 3 N/A 0.216 3.50 90 0.239 2.00 A FOR DRAIN,1/2" 3/16
0STAINLESS STEEL BALL WAX TAPE OR WRAP
FOR AIR VALVE AT STATION l VALVE,LEAVE IN MASTI AROUND HEAT SHRINK
783+81,2"STAINLESS CLOSED POSITION FILLER SLEEVE(LENGTH OF OUTLET
78 +90 66 0. 0 4 0. 75 .500 24.0 45 0.239 .00 STEEL BALL VALVE +12"MIN)EACH SIDE
786+32 66 0.500 30 0.375 0.500 30 90 0.239 2.00 N/A
1!2"FOR DRAIN
793+85 66 0.313 Q N/A 0.216 Q 0 90 0.239 0 N/A 2"FOR VENT 12"Typ
INSIDE OF PIPE WALL OR BUTT STRAP
HEAT SHRINK
803+05 66 0.313 18 0.313 0.375 TBD 90 0.239 TBD N/ SLEEVE FILL RECESS W/CEMENT MORTAR
0 _ AFTER JOINT COMPLETION
805+38 66 0.313 30 0.375 0.375 30.00 90 0.239 4.00 - _ - LINING&COATING NOT
SHOWN FOR CLARITY NPT TAP AND PLUG(SEE NOTE 2)
806+13 66 0.313 48 0.500 0.375 49.75 90 0.375 7.00 /A = TYPE A
1. OUTLETS ARE DESIGNED FOR SPECIFIC APPLICATIONS ONLY.IF ANY OUTLETS ARE ADDED TO THOSE CURRENTLY
SHOWN ON THE DRAWINGS,NEW COLLAR DIMENSIONS WILL BE CALCULATED SPECIFICALLY FOR THE APPLICATION. APPLY TEFLON PIPELINE ID NOTES:
CALCULATIONS SHALL CONFORM TO THE SPECIFICATION REQUIREMENTS.
TAPE ON THREADS 1. CONTRACTOR MAY USE TYPE A OUTLET FOR UP TO 2 1/2"DIA OUTLETS. USE
WITH BLIND FLANGE FOR LARGER OUTLETS.
NOTE: 2. 2 1/2"NPT TAP WITH CARBON STEEL PLUG.LEAVE 1/4"OF THREADED PLUG BELOW
TOP OF THREAD-O-LET SO CIRCUMFERENTIAL WELD AT PLUG CAN BE INSTALLED.
t CLASS E RING FLANGE UNLESS OTHERWISE
SHOWN.BOLT HOLES TO STRADDLE L.ATTACH 1. PROVIDE WELD-O-LET SIM TO M FOR WALL THICKNESS LESS
TO OUTLET PER AW WA C207 THAN 3/8". 3. PROVIDE 100%UT EXAMINATION OF 10%OF ALL OUTLETS.
DRAIN/VENT CONNECTION BURIED WELD LEAD OUTLETS
OUTLET WALL THICKNESS NTS NTS
(SEE TABLE AND NOTES)
0 CONTRACTOR SHALL CHECK
II DRAWINGS TO DETERMINE THE
GRIND 12"MIN METHOD OF CONTINUATION AND
0 w FLUS (SEE WHETHER AN INSULATING FLANGE
NOTE 6 IS REQUIRED
1"
CJp
CML
PIPELINE ID COATING NOT SHOWN FOR
CJP WITH 5/8"
CLARITY \
REINFORCING COLLAR FILLET WELD 30"BLIND FLANGE
DRILL AND TAP LINING AND OVER&ALL i
(SEE NOTE 4) COATING NOT AROUND 10"OR 12"AIR i �\
0
COATING NOT SHOWN FOR CLARITY SHOWN VALVE OUTLET
NOTES:
I 1
1. COAT ALL EXPOSED SURFACES AS SPECIFIED.COATING THICKNESS OF OUTLET PIPE TO EQUAL COATING THICKNESS OF MAIN l
PIPE. -
I
2. "t"INDICATES THE THICKNESS OF THE PIPE AT THE STATION WHERE USED. /
3. TEST ALL WELDS PER SPECIFICATIONS. /
\ I /
4. PERFORM THE FOLLOWING COLLAR LEAK TEST PROCEDURES AFTER DYE PENETRANT TESTING: \
a) DRILL AND TAP 1/4"NPT HOLE BEFORE WELDING. O
b) CONDUCT AN AIR/SOAP SOLUTION LEAK TEST AT 40 PSI AIR PRESSURE AS SPECIFIED FOR FIELD WELDED JOINTS. \ i O BOLT PATTERN
OMITTED FOR
c) IF LEAKS ARE DETECTED REPAIR AND RETEST THE WELDS UNTIL THERE ARE NO DEFECTS. NOTES: �' � /� CLARITY
d) PLUG HOLE ON COMPLETION OF TESTS AND COAT AS SPECIFIED. J
1. BLIND FLANGES WITH 10"AND 12"
5. CONSTRUCT REINFORCING COLLARS FROM THE SAME MATERIAL AS THE ADJOINING PIPELINE. OUTLETS SHALL BE 3.60"THICK.
6. 12"MINIMUM UNLESS OTHERWISE SHOWN ON PLANS OR DETAILS.SEE MANWAY DETAIL.
SD-O6
3"AND LARGER COLLARED OUTLETS FLANGE OUTLETS a a
NTS NTS SD-06 SD-11
�`Sl�AED�PROFFs
DSGN R.Beieler VERIFY SCALE CONFORMED m tj +eY CIVIL SHEET 58
l'y oBAR IS ONE INCH ON W���a1118tt� W-a Supply
0, H»? �� DR J.Smith ORIGINAL DRAWING. DOCUMENTS FOROh ��: WWSP STANDARD DETAILS DWG SD-05
VPJAY HONtiCHK 7/19 OUTLET SIZE INCREASED TO 18"(DC 04) TWL RWB 0 1,•
T.Hunziker IF NOT ONE INCH ON CONSTRUCTION WILLAMETTE WATER SUPPLY PROGRAM McMillen Jacobs Associates OUTLETS AND DRAIN DATE SEPT 2018
3/19 SAMPLING PORTS DELETED(DC 02) TWL TJH THIS SHEET,ADJUST PLM 5.1 PROJECT OBEC Consulting Engineers
EXPIRES: 6/30/2021 APVD g Hughes NO. DATE REVISION BY APVD SCALES ACCORDINGLY. PROJ 683635
FILENAME:683635 SD-01-SD-21 STANDARD DETAILS.DWG PLOT DATE AND TIME: 7/11/20191:10:40 PM
AWWA FLANGE
TIE RODS
FLANGED SPOOL END
SEE TANGENTIAL
OUTLET TABLE 1 FOR
COLLAR THICKNESS DRILL AND TAP
AND WIDTH REINFORCING
PLATES FOR 40N\R END RING
PSI FACTORY AIR TRACK HEAD BOLT
WELD TEST GASKET
OF _ HOLES AFTER
p — o\ �tE� TESTING T3
T3
0 DISMANTLING JOINT
WFLANGE HOLES OOo NTS
STRADDLE VERTICIC AL 4 p p
AWWA
CLASS E FLANGE WITH o O
O
INSULATING FLANGE
CJP,100%UT FOR BLOWOFF1
44" CONTINUATION,SEE SD-12
SIDE VIEW OFFSET Cl MANHOLE RING&
FRONT VIEW STEEL PIPE COVER W/GRADE RINGS AS
TANGENTIAL OUTLET REQ'D TO MATCH EXISTING
SEE TABLE 1 L?1 GRADE AND SLOPE.
SEE NOTE 6.
GALV T-HANDLE
30FINISHED GRADE
H
48"PRECAST CONC MH
SEE NOTE 6. '+ Z
U.1 BLOCK OUT TO
T-HANDLE GUIDE 6"MIN. C0 ACCOMMODATE
DOUBLE NUT EYE BOLT& PIPING,TYP.
GALV ANGLE BRACKET
(AS REQ'D BY GROUT,TYP
MANUFACTURER) z
f +SLOPE TO AIR VENT
2"CARV M - - - AND COVER
SEE NOTE 2
TABLE 1-TANGENTIAL OUTLET ANGLE VALVE 2"BRASS PIPE
LENGTH AS REQ'D
MAIN PIPE OUTLET STEEL MANHOLE STEPS
DESIGN OUTLET CML COLLAR COLLAR EDGE 2"BRASS PIPE
STATION PRESSURE NGTH AS REQ'D
MAIN PIPE WALL OUTLET WALL OUTLET OD
NOM ID(IN) THICKNESS(IN) NOM ID(IN) THICKNESS THICKNESS(IN) (IN) 2"DRAIN VALVE
(PSI) THICKNESS(IN) WIDTH,W LET1 (IN) T2 T3 (IN) 2"INSULATING
COUPLING
752+00 66 146 0.313 6 0.250 0.280 6.625 0.239 2.00 BRASS NIPPLE
NOTES:
CORPORTION STOP ++SLS _
1. SEE SHEET PSD-11 FOR AIR PIPING.
12"X 12"X 4"THK
NOTES: Z CONC BLOCK 2. AIR VENT AND COVER SHALL BE SIM.TO DETAIL 2,SHEET SD-11.
io 3/4"CLEAN CRUSHED 3. MAINTAIN 3 FEET MINIMUM COVER UNDER ROADWAY,CURB
1. SEE PLAN AND PROFILE DRAWINGS FOR LOCATION AND SIZE OF DRAIN CONNECTIONS. SERVICE SADDLE DRAIN ROCK AND GUTTER,MEASURED FROM FINISHED GRADE. MAINTAIN 2
DOUBLE STRAP,BRONZE COMPACTED FEET MINIMUM COVER WHERE AIR VENT PIPING CROSSES A
2. ALL FILLET WELDS TO BE CONTINUOUS AND EQUAL TO THE THINNEST OF THE TWO MEMBERS DITCH AND WHERE DITCH SIDE SLOPE IS GRADED TO BE FLUSH
JOINED. GRANULAR FILL WITH TOP OF AIR VENT CONCRETE PAD. CONCRETE ENCASE
PIPE IF TOP OF PIPE IS LESS THAN 24"BELOW DITCH FLOW LINE.
18"DIP
4. PROVIDE LOCATOR WIRE OR TAPE OVER VENT PIPING.
5. CORPORATION STOP,PIPE AND ACCESSORIES AND ANGLE
VALVE TO BE SAME DIAMETER AS COMBINATION AIR RELEASE
TANGENTIAL OUTLET VALVE INLET.
NTS 6. ALL PRECAST CONCRETE VAULTS,GRADE RINGS,MANHOLE
FRAMES,AND MANHOLE LIDS SHALL MEET OR EXCEED HS-20
�QQ0 PRO FFs RATING.
��st EHp NFEN CARV VAULT �
e r NTS "
DSGN R.Beieler VERIFY SCALE CONFORMED Willamette Water Supply CIVIL SHEET 60
l o'A BAR IS ONE INCH ON
DR J.Smith ORIGINAL DRAWING. DOCUMENTS FOR '[���(j- ��L-�;� ��: WWSP STANDARD DETAILS DWG SD-07
VOJ4 y HUNCHK o�1" OUJV 1\1FAUt1U/WUW V
T.Hunziker IF NOT ONE INCH ON CONSTRUCTION WILLAMETTE WATER SUPPLY PROGRAM McMillen Jacobs Associates TANGENTIAL OUTLET AND DATE SEPT 2018
EXPIRES: 6/30/2021 APVD 0 7/19 OUTLET SIZE INCREASED TO 18"(DC 04) THIS SHEET,ADJUST PLM_5.1 PROJECT OBEC Consulting Engineers DISMANTLING JOINT
B.Hughes NO. DATE REVISION BY APVD SCALES ACCORDINGLY. PROJ 683635
FILENAME:683635 SD-01-SD-21 STANDARD DETAILS.DWG PLOT DATE AND TIME: 7/11/2019 1:10:40 PM
EXHIBIT B
Summary of costs
ITEM TOTAL COST NOTES
WWSP Share Tigard Share
COST OF WORK(original IGA estimate) 68% 32% $ 167,368
WWSP cost to install temporary 6-inch $ 113,810 Cost"A"
Tigard cost(difference between 12-inch and 6-inch temporary connections) $ 53,558 Cost "B"
Design Costs $ 37,560 $ 17,675 $ 55,235
Construction Management Costs $ 8,160 $ 3,840 $ 12,000
Overhead Costs $ 10,880 $ 5,120 $ 16,000
Original IGA estimated costs $ 170,410 $ 80,193 $ 250,603
TRUE-UP TO BID COSTS
Actual costs from bid for 12-inch piping and vaults $ 136,000 $ 64,000 $ 200,000
Additional costs to reflect bid amount $ 22,190 $ 10,442 $ 32,632
CHANGE ORDER COSTS
Change order amount to increase piping to 18-inch, larger vaults, additional
valves(Tigard cost) $ $ 218,437 $ 218,437
Additional Design Additional Costs for 18-inch $ $ 28,620 $ 28,620
Additional Construction Management Costs for 18-inch $ $ _ $ _
Additional Overhead Costs for 18-inch $ _ $ $ _
Change order costs $ - $ 247,057 $ 247,057
TOTAL ACTUAL COSTS $ 192,600 $ 337,692 $ 530,292