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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 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 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 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 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 I I CURB LINE AND SIDEWALK �- -- ss - 1 (SEE ROADWAY PLANS) UTILITY POLE TO WORK LIMITS t 2 Z�- ANODE BED UTILITY POLE TO BE I BE RELOCATED D-1 3 RELOCATED BY OTHERS 2 I BY OTHERS SD-1 UTISD-0 (SEE NOTE 5) SD-1 (SEE NOTE 5) „ BE REITY POLE TO 3 ESM0 20 40 B DITCH - SCALE IN FEET .. -._._ SD 0 _ E RELOCATED _ _ BY OTHERS SD 0 _EXST R/W, - ESMT' -- --. �- (SEE NOTE 5) - -Rw _— R/NL RM--- -F2Ny_— _ X _ sPnW i NOTES: iT _ � y m R,w �^,v — H - 1 co �' - -- �� -PH-G-113 --�- - P PGE 1 ) \ I 1. PIPELINE CENTERLINE W - / i w I9+0 7 PH-PGE-2 Z LOCATION SHALL BE � � 800+00 -. 15�c PH-TW-2 801+00802+00 803+i3D L I a BASED ON THE W _ -_�_� W COORDINATES SHOWN AT W .-_� _ __ f o° w THE HORIZONTAL POINTS U-I = OF INTERSECTION(HPI'S) 0 1 I I I w PC-S,PTS&DATA CURVE CD I SrD-0 w DATA. DIMENSIONS TO I o THE PIPELINE AND °J IF II EASEMENT LIMIT SHOW < 29k+00 -__.-2 5+00 RO F co+o ON THE PLAN ARE FOR N H I J/ 296+00 _ _.. .-_ _ _�..---�298+0 297,00 r� INFORMATION ONLY. W Y ROGERS CL EXST POWER TO z SW ROY ROGERS RD BE ABANDONED CO 2. REMOVAL OF STRUCTURES J EXIST 18"WL BY OTHERS I AND OBSTRUCTIONS FOR _ (APPROX.LOCATION)- INSTALLATION OF THE (SEE NOTE 6) 1 I Z 66-INCH WATER Q - - - \ SEE FILL STATION I I I TRANSMISSION MAIN AND M pSp_t 9 PH-TW-T1 I = APPURTENANCES WILL BE \ \ I I I PAID FOR UNDER THE BID ITEM IN 7x=vv1N—__— 1,rL ___� IPH G T2 I SCHEDULEEA.COORDINATE _ ESMaaEXSTF.SM -- � PH PGET3 -aas REMOVAL OF EXIST IN G GSTRUCTURES AND PSESMT- ESMT R/w R/w OBSTRUCTIONS WITH sMr - ROADWAY DEMOLITION PLANS.ESMT ESMT 3. REMOVE ABANDONED 10" o I GAS LINE AS REQUIRED 66 FOR INSTALLATION OF " d U�0 add d � TRANSMISSION LINE, -i-- APPURTENANCES AND S.— 1 PLAN 1 ANODE BEDS. CAP ENDS OF REMAINING GAS LINE. _.-. I .__.. ... __ -_......_ -_. _.... '... ._. -.. 4. CLEARING AND GRUBBING 33" --- - - -- -- 66"NOM ID WATER TRANSMISSION LINE,MLPCSP,t=5/16",DOUBLE-WELDED LAP JOINT REQUIRED FOR THE f- - 66-INCH WATER FINISHED GRADE _ - 1 9# _ ' � TRANSMISSION MAIN AND APPURTENANCES WILL BE m",OF COVER �---- d PAID FOR UNDER THE W W ASSOCIATED BID ITEM IN LU w SCHEDULE A. 5. CONTRACTOR TO W - �-MSD-0 �- _ WUJI COORDINATE WITH P _.-_ - _. ... -- LL --._ - --_. __ "� - EXISTING G DE - ""�_ - - - 0 t) SEE SPECIFICATION AT PIPE CENTERINE __- E _ 00150.50. x G3mo 6. EXISTING POWER LINES NOT FOUND AFTER m°~� MULTIPLE ATTEMPTS. _.._..._ -. _. S CONTRACTOR SHALL LOCATE THESE LINES PRIOR TO CONSTRUCTION. I } — I, e�q r ' VERT 0 5 10 SCALE IN FEET ��pEDPROFFs �21 PROFILE ��S E,wlNree e r DSGN R.Beieler VERIFY SCALE CIVIL SHEET 24 BAR IS ONE INCH ON CONFORMED Willamette Water Supplyh24,14. rOOo✓AH13, `��� DR D.Alves OORIGINA�G. DOCUMENTSFORIRM, PLAN AND PROFILE 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% - _ 310- > 10 310 i -. 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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