Washington County - IWRM Water Supply Feasibility Study j
THIRD AMENDMENT
TO JOINT FUNDING AGREEMENT FOR
IWRM WATER SUPPLY FEASIBILITY STUDY
(AKA AS TUALATIN BASIN WATER SUPPLY PROJECT)
This Amendment, dated 2007 is between Clean Water Services
(District), formerly know4asKi&fied Sewerage Agency, a county service district formed by
authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by
authority of ORS 264 and the cities of Hillsboro, Beaverton, Forest Grove and Tigard, all
municipal corporations of the State of Oregon(Partners) and amends the parties' Joint Funding
Agreement— IWRM Water Supply Feasibility Study dated June 20, 2001 as amended by the First
Amendment dated November 14, 2002, and the Second Amendment dated December 4, 2003
(collectively, JFA).
RECITALS
1. The Partners previously entered into the JFA under which the Partners agreed to jointly
fund a study of the feasibility of alternative approaches to increase the water supply and
evaluate the"no action alternative."
2. The Partners now wish to amend the JFA to fund additional tasks to complete the Tualatin
Basin Water Supply Project Draft Planning Report/Environmental Impact Statement, and
Title Transfer Project (collectively, Project). The Water Supply Feasibility Study was
completed in March 2004.
3. The Partners also wish to amend the JFA to address the acquisition and disposition of
Project assets upon termination of the JFA or termination of any Partner's participation in
the JFA secured during the development of the Project.
TERMS AND CONDITIONS
1. Section 2 of the JFA is hereby deleted in its entirety and replaced with the following:
112. Cost Share
Each party's share of the cost of the Project shall be proportional to the party's
projected share of the additional water supply as of the date of this agreement, assuming
50,600 acre-feet of additional supply. The cost share for each party shall be equal to the
percentage indicated in Exhibit B attached hereto and incorporated herein."
2. Pursuant to Section 4 of the JFA, the cities of Cornelius, Banks,North Plains, Sherwood and
Tualatin voluntarily terminated their rights and obligations under the JFA. Other Partners have
assumed their rights and obligations as identified in Exhibit B.
Page 1 of 5 Third Amendment to Joint.Funding Agreement for Water Supply Project
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3 From the effective date of this Amendment, each Partner shall compensate District for its share
of the cost of the Project as provided in Exhibit B attached hereto and incorporated herein A
revised payment schedule with reallocation of each Partner's share is included in Exhibit B
Total payment to District for compensation for services provided during fiscal year 2007-2008
shall not exceed $1 33 million
4 The first sentence of Section 4 of the JFA is hereby deleted and replaced with the following
"Except as otherwise indicated in this Section, no party may terminate its rights and
obligations under this Agreement until the Project is completed or a total of$5,797,400 has
been expended, whichever occurs first
5 Exhibit A of the JFA is hereby replaced with Exhibit A attached hereto and incorporated herein
6 The previous Amendments to the JFA included funding for future real property purchases and
other capital assets
7 The purpose of tlus agreement is to enable the Partners to acquire real property, easements and
other real property interests necessary for the Project (collectively, Property) The Partners grant
District the authority to acquire Property necessary for the Project and to sign any documents on
behalf of the Partners to purchase the Property Any real property acquired shall be owned by the
Partners as tenants in common
8 Section 4 of the JFA established the conditions which must be met for any Partner to
voluntarily terminate its rights and obligations If any funding Partner terminates its rights and
obligations under the JFA, it shall, upon the sale or transfer of any interest in the Project property,
receive a share equal to the lesser of the following a) the amount that the terminating Partner paid
to purchase the Project property less that Partner's prorata share of all expenses incurred with
respect to the Property including but not limited to costs of repairs, maintenance, debt service, all
real and personal property taxes, governmental or other assessments levied against the Project
property, title insurance premium, real estate cominission, escrow fee, appraisal fee, recording fees
and any other expenses incurred in connection with the sale or acquisition of the Project property
(the foregoing expenses shall be referred to collectively as Expenses) or b) the amount of the
tenninating Partner's prorata share of the actual purchase price of the Project property less that
Partner's prorata share of Expenses The termunating Partner shall deliver to the nonterminating
Partners a duly executed statutory warranty deed conveying the tenniinating Partner's interest in the
Project property to the nontenniinating Partners, or any other Partner that the nonterminating
Partners may designate, free and clear of all liens and encumbrances except those existing as of the
date such Partner terminated its interest in the JFA
9 If the Project property is not sold or transferred within three years of the voluntary termination
of any Partner, the nonterminating Partners shall purchase the terminating Partner's interest in the
Project property in an amount equal to each nonterminating Partner's share as identified in the JFA
The nonterminating Partners shall have the Project property appraised and shall pay the
terminating Partner the lesser of the following a) the amount that the terminating Partner paid to
purchase the Project property less that Partner's prorata share of all expenses incurred with respect
Page 2 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
V enion updated—_�
to the Property including but not limited to costs of repairs, maintenance, debt service; all real and
personal property taxes, governmental or other assessments levied against the Project property and
'the prorata share of the appraisal fee (collectively, Costs) or b) the amount of the terms latnng
Partner's prorata share of the actual appraised value of the Project property less that Partner's
prorata share of Costs The terminating Partner shall deliver to the nontenminating Partners a duly
executed statutory warranty deed conveying the terminating Partner's uiterest in the Project
property to the nonterrmnatung Partners, or any other Partner that the nontermmating Partners may
designate, free and clear of all liens and encumbrances except those existing as of the date such
Partner terminated its interest in the JFA
10 If the Partners decide to tennuiate the JFA, they shall have the Project property appraised and
list it for sale Each Partner shall receive its prorata share of the actual purchase price of the
Project property less such Partner's prorata share of Expenses No terminating Partner shall be
reimbursed for any other Project costs incurred before termination
11 This Amendment shall be effective upon signing of all parties
12 Except as amended herein, the JFA shall remail in full force and effect
The above is hereby agreed to by the Partners and executed by the duly authorized representatives
below
CLEAN WATER SERVICES„., APPROVED/ S TO7FO�J;�M
By
�0 17 Cruet -L District General Counsel
Date y�t 3/lon 7
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM
By
Attorney
Date
CITY OF HILLSBORO APPROVED AS TO FORM
By
Attorney
Date
Page 3 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
V anon upda,ed— -C!i'
to the Property including but not limited to costs of repairs, maintenance, debt service, all real and
personal property taxes, governmental or other assessments levied against the Project property and
the prorata share of the appraisal fee (collectively, Costs) or b) the amount of the terminating
Partner's prorata share of the actual appraised value of the Project propei-ty less that Partner's
prorata share of Costs The terminating Partner shall deliver to the nonterminating Partners a duly
executed statutory warranty deed conveying the terminating Partner's interest in the Project
property to the nonterminating Partners, or any other Partner that the nonterminating Partners may
designate, free and clear of all liens and encumbrances except those existing as of the date such
Partner terminated its interest in the JFA
10 If the Partners decide to terminate the JFA, they shall have the Project property appraised and
list it for sale Each Partner shall receive its prorata share of the actual purchase price of the
Project property less such Partner's prorata share of Expenses No terminating Partner shall be
reimbursed for any other Project costs incurred before termination
I I This Amendment shall be effective upon signing of all parties
12 Except as amended herein, the JFA shall remain in full force and effect
The above is hereby agreed to by the Partners and executed by the duly authorized representatives
below
CLEAN WATER SERVICES APPROVED AS TO FORM
By
District General Counsel
Date
TUALATIN ALLEY WATER DISTRICT APPROVgD AS TO RM
By
�U�regory DiLoreto Attorney Cla -k I . Balfour
Date
CITY OF HILLSBORO APPROVED AS TO FORM
By
Attorney
Date
Page 3 of 5 Third Amendment to Joint Funding Agreement for yAjatei Supply Project
Version updated—5-5-07
personal property taxes. governmental or other assessments levied against the Project property and
the pro-rata share of the appraisal fee (collectively, Costs) or b) the amount of the terminating
Partner's pro-rata share of the actual appraised value of the Project property less that Partner's pro-
rata share of Costs The terminating Partner shall deliver to the non-terminating Partners a duly
executed statutory warranty deed conveying the terminating Partner's interest in the Project
property to the non-terininating Partners or any other Partner that the non-terminating Partners
may designate, free and clear of all liens and encumbrances except those existing as of the date
such Partner terminated its interest in the JFA
10 If the Partners decide to terminate the JFA, they shall have the Project property appraised and
list it for sale Each Partner shall receive its pro-rata share of the actual purchase price of the
Project propertyless such Partner's pro-rata share of Expenses No terminating Partner shall be
reimbursed for any other Project costs incurred before termination
11 This Amendment shall be effective upon signing of all parties
12 Except as amended herein, the JFA shall remain in full force and effect
The above is hereby agreed to by the Partners and executed by the duly authorized representatives
below
CLEAN WATER SERVICES APPROVED AS TO FORM
By
District General Counsel
Date
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM
By
Attorney
Date
CITY OF HILLSBO_ RO APPROVED AS TO FORM
Attorney
Date
Page 3 of 5 Third Amendment to Joint Funding Agreement for Watei Supply Project
Verson updated—)-5-07
CITY OF BEAVERTON PPROYINNAS TO FORM
BY l "
L/ Attorne
Date �p
CITY OF FOREST GROVE APPROVED AS TO FORM
By
Attorney
Date
CITY OF TIGARD APPROVED AS TO FORM
By
Attorney
Date
Paae 4 of 6 Third Amendment to Joint Funding Agreement for Water Supply Project
Vemon updated—
CITY OF BEAVERTON APPROVED AS TO FORM
By
Attorney
Date
CITY OF FOREST O APPRO TED A!S TO FORM
5
_ Atto T 16, 1/
Date oc l
CITY OF TIGARD APPROVED AS TO FORM
By
Attorney
Date
Page 4 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
Version upaated— -�-G'
CITY OF BEAVERTON APPROVED AS TO FORM
By:
Attorney
Date:
CITY OF FOREST GROVE APPROVED AS TO FORM
By:
Attorney
Date:
CITY OF TIGARD APPROVED AS TO FORM
i
c
By:
Att ey
Date:
Page 4 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
Version updated-55-8-0?-0?
Exhibit A
SCOPE OF WORK AND PROJECT ELEMENTS
TUALA TIN BASIN WA TER SUPPLY PROJECT
The following is a review of the various phases and project elements.
Water Supply Project— Completion of Draft Planning Report/Environmental Impact Statement
(PR/DEIS)
1 Complete Draft PR/EIS for public review and distribution
2 Coordinate with Bureau of Reclamation on existing operations ESA consultation
3 Prepare Biological Assessment and Fish and Wildlife Coordination Act reports for Water
Supply Project consultations
Title Transfer Project-Draft Envu•onmental Assessment Review (EA)for Title Transfer Process
1 Develop Draft EA for Title Transfer
Additional Combined Projects Elements
The following are additional Project elements handled with separate contracts or agreements
1 Governmental and Public Affairs—Consultant contracts to continue efforts to secure
federal funding assistance, and community support at local, regional and national levels
Additional resources will be developed based on a comprehensive public affairs strategy
2 Bureau of Reclamation (BOR) Pacific Northwest Regional Office and Technical and
Enguleemig Services
a Comprehensive Facilities Review—Inspect and assess condition of Reclamation
Facilities Develop the recommended improvements and cost estimates for the
improvements
b Biological Resources Coordination—Coordinate of existing operations consultation
with EIS and pennitting requirements Detemmine environmental and associated
mitigation elements, such as wetlands, fish and wildlife mitigation areas
implementation
3 Governance Structure Development and Contract Negotiations for Title Transfer Project
a Conduct a governance structure development process with local agencies to
establish an organization(s) to accept the rights and responsibilities of the
transferred Reclamation Facilities A contractor will assist with development,
negotiations and preparation of the various contractual and intergovenminental
agreements with the Partners The contractual elements will include operations,
management and administration of the transferred facilities
Page 5 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
Vernon undated—�;"'
4 Land Survey and Easement investigation
a Conduct a land survey, title search and related real estate activities to determine the
status of the Reclamation lands and interests for the potential title transfer project
These services may include surveying, appraisals, document research and
environmental assessments for the various elements of the Title Transfer Project
Continued coordination with Reclamation Lands Resources staff on review of lands
acquisition needs and requirements
5 Clean Water Services Project Management—Continued project management and staff
support for the Water Supply and Title Transfer Projects
6 Miscellaneous expenses—The tasks and elements of the Project not currently provided for
in the above listed items
Page 6 of 5 Third Amendment to Joint Funding Agreement for Water Supply Project
Version updated—D->0-
Tualatin Basin Water Supply Project and Tualatin Project Title Transfer
Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase
For FY07-08 -WSP -JFA 3rd amendment
Project Manager-Tom VanderPlaat Date 5/4/07
EXHIBIT B
PAYMENT SCHEDULE
(Based on reallocation and Percentage Share)
Water %Share Total FY07-08 FY07-08 FY07-08 FY07-08 FY07-08
Allocations Costs Qtr1 Qtr 2 Qtr 3 Qtr 4 Total
Jul-Sep Oct-Dec Jan-Mar Apr-Jun
Ac-ft MGD 1000% 200% 300% 300% 200% 1000%
Water Quality**
Clean Water Services 9,320 253 1762%, $234,334 1 $46,867 $70,300 $70,300 $46,867 $234,334
M&I***
City of Tigard 8,649 157 1635% $217,445 $43,489 $65,234 $65,234 $43,489 $217,445
TVWD**** 23,091 41 8 4365% $580,558 $116,112 $174,167 $174,167 $116,112 $580,558
City of Hillsboro 9,656 175 1825% $242,770 $48,554 $72,831 $72,831 $48,554 $242,770
City of Beaverton 11763 32 333% $44,333 $8,867 $13,300 $13,300 $8,867 $44,333
City of Forest Grove 420 08 079% $10,560 $2,112 $3,168 $3,168 $2,112 $10,560
Total M&I 43,579 789 8238% $1,095,666 $219,133 $328,700 $328,700 $219,133 $1,095,666
Sub Total 52,900 1042 10000% $1,330,000 $266,000 $399,000 $399,000 $266,0001 $1,330,000
WQ(exisiting) 12,618 228
M&I (existing w/LOC) 14,000 253 *Inactive(Dead)Storage
Irrigation 27,022 **CWS demands based on 120 day season
Fish and Wildlife *** M&I Demands based on 180 day season
Recreation* 6,900 ****Note-Sherwood Shares transferred to TVWD(2000 af)
Hydro power
Flood Management Note The Cities of North Plains, Cornelius and Banks elected
not to sign the Joint Funding Agreement(JFA)-2nd amendment
Total(active storage) 106,540 Cities of North Plains and Cornelius shares were transferred to
Total Storage 113,440 $1,330,000 City of Hillsboro
City of Bagks shares were allocated,proportionally to all
Partners under the Joint Funding Agreement-Second Amendment
Cities of Tualatin and Sherwood have decided not sign the
JFA-3rd amendment and their shares will be allocated to TVWD
The Worksheets will be reviewed following the release of the WSP draft PR/EIS
T
SECOND AMENDMENT
TO JOINT FUNDING AGREEMENT FOR
IWRM WATER SUPPLY FEASIBILITY STUDY
This Amendment,dated Dr: `7 ,2003,is between Clean Water Services
("District"), formerly known as Unified Sewerage Agency, a county service district formed by
authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by
authority of ORS 264 and the cities of Hillsboro,Beaverton, Forest Grove,Tigard, Sherwood,
and Tualatin, all municipal corporations of the State of Oregon(Partners)and amends the parties'
Joint Funding Agreement—IWRM.Water Supply Feasibility Study dated June 20, 2001 ("Joint
Funding Agreement").
RECITALS:
1. The parties previously entered into the Joint Funding Agreement under which the parties
agreed to jointly fund a study of the feasibility of alternative approaches to increasing the
water supply, as well as the"no action alternative."
2. The parties now wish to amend the Joint Funding Agreement in.order to fund additional
tasks to complete the Water Supply Feasibility Study(Study),Planning-Report/Draft
Environmental Impact Statement,Final Environmental Impact Statement and Permitting.
TERMS AND CONDITIONS
1. From the effective date of the Joint Funding Amendment,Partners shall compensate
District for each party's share of the cost of the Study as provided in Section_2 of the
Joint Funding Agreement. A revised payment schedule is included as Exhibit B.
Total payment to District for compensation for services provided during fiscal years
2003-2004 and 2004-2005 shall not exceed$3.23 million.
2. The First Amendment to the Joint Funding.Agreement amended Section 4 from$734,000
to $1,237,400. Section 4 is hereby amended as follows:
"$1,237,400"is changed to 14,467,400".
3. Exhibit A of the Joint Funding Agreement is amended by replacing it with Exhibit.A of
this Amendment.
4. This Amendment shall be effective upon-signing ofall parties.
Page 1 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
5. Except as amended herein,the initial Joint Funding Agreement shall remain in full force
and effect.
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By.
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By.
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By.
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 2 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 3 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
Exhibit A
SCOPE OF WORKAND PROJECT ELEMENTS
WATER SUPPLYPROJECT
The following is a review of the various phases and project elements:
Phase 1—Draft Planning Report and Draft Environmental Impact Statement(PR/DEIS)
1. Project Plan and Kickoff
2. Review Water Supply Feasibility Study and Related Work
3. Overall Water Management Strategic Plan, Operating Principles and Water Rights
4. .' Natural Environment—Earth Resources
5. Natural Environment—Biological(Land,Air and Water)
6. Human Environment—Surface water
7. Human Environment—Groundwater,Air,Noise, Hazards and Nuisances
8. Human Environment—Historic and Cultural Resources
9. Human Environment—Economics
10.Human Environment—Recreation
11.Public Involvement
12.NEPA Notices and other correspondence
13.Project Management
Phase 2—Final Environmental Impact Statement, Record of Decision, and permit negotiations
1. Final Environmental Impact Statement and Record of Decision(ROD)
2. Permitting
Additional Project Elements
The following are additional Project elements handled with separate contracts or agreements:
1. Governmental.Affairs Consultant—A consultant contract to continue efforts to secure
federal project authorization and funding assistance.
2. Bureau of Reclamation Technicaland Engineering Services
a. Seismic(earthquake) Study—A cooperative seismotectonic study of the existing
dam and 20 foot and 40 foot raised impacts
Page 4 of 5 Second Amendment to,Joint Funding Agreement for Water Supply Feasibility Study
b. Road Relocation Preliminary Design—A preliminary survey and design of
Scoggins Valley road relocation areas.
c. Revised,dam,inundation study- a revise inundation study for raised dam and
updated information on downstream impacts.
d. New outlet facilities—Preliminary design of a new outlet works including study
of a variable level.intake tower.
e. Lands Review Coordination To coordinate with Reclamation Lands resources
staff on review of lands acquisition needs and requirements.
3. Climate Change Impacts Study Contract—Completion of the Climate Change Study to
review the impacts of global climate change on the Tualatin Watershed.
4. Corps of Engineers Flood Control Study—A cooperative Study with the Corps of
Engineers to evaluate the flood control benefits of the Sain Creek Tunnel and Scoggins
Dam raises.
5. Hagg Lake Water Quality Modeling Study—A cooperative agreement with USGS to
construct a model of Hagg Lake, including flow, temperature and water quality. The
model will assist in determining the release changes to Hagg Lake with a raised dam and
additional water storage volumes. Several modeling scenarios will be run to address
issues of impacts within the lake and storage releases.
6. Lands Easement and Options Services—To research the potential land easement and
option needs for the preferred alternative.
7. Clean Water Services Project Management—Continued project management and staff.
support for the Project.
8. Miscellaneous expenses—The tasks and elements of the project not currently provided
for in the above listed items.
Page 5.of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
Tualatin Water.Supply Project - DEIS/FEIS Phase
Environmental Impact Statements and Permitting Phase Costs
Project Manager - Tom VanderPlaat 9/30/2003
Expenses Review
Project Elements FY 03-04 FY04-05 Percent
Total Costs. Costs Costs- Complete
DEIS/FEIS Contract $1,900,000 $600,000 $1,300,000 100%
Governmental Affairs $160,000 $801000 $80,000 **
Bureau of Reclamation Contract
Seismic Review $75,000 $5;000 $70,000 100%
Road Relocation $160,000 $1209000 $40,000
Dam Indunation $40,000 $10,000 . $30,000 **
New Outlet Predesi n $70,000 $40,000 $30,000 100%
Lands Review Coordination $25,000 $25,000 $0
Sub Total $3709000
Climate Change Stud U of.W. $10,000 $10,000 $0 100%
Flood Stu - Corps of En *** $45,000 $35,000 $1.0,000 **
Lake Water Quality - USGS *** $40,000 $40,000 _ $0 100%
Lands Easement/Options 12501000 $30,000 $220,000 **
CWS Pro'ect Management $320,000 $160;000 $160,000 100%
Not Expenses $1359000 $75,0001 $60,000 100%
Total $3;230,000 $1,230,000 $2,000,000
***
-,-50%Cost Share not included
*. Task corn letion percentage cannot be determined
Budget-FEIS phase costsl As 1
2003 200400
Notice to Proceed * 9 012003 I IIUTI L
i 1-100 Project Plan and Kick-Off
Review WSFS and
1-200 1Related Work
1 300 Water Management
Strategic Plan
1-400 Natural Environment- MENEM
Earth Resources
Natural Environment-
1500 Biological
Natural Environment-
1-600 i Surface Water Ell
i
1 700 Natural Environment
Groundwater,etc. IN i
1-800 Natural Environment-
Historic/Cultural Resources
1-900 Natural Environment-
Economics
1-1000 Natural Environment
Recreation
1-1200 NEPA
1-1300 DEIS
2-100 FEIS and ROD
2-200 Permitting and
Consultation
1-1100 Public Involvement
-
Public Meeting 1
Public Meeting 2
Public Meeting 3
Public Meeting 4
1-1400J Project Management
'Schedule based on assumed Notice to Proceed date.
i
5. Except as amended herein;the initial Joint Funding Agreement shall remain in full force
and effect.
The above is hereby agreed to by the parties.andl executed by the duly authorized
representative below:
CLEAN WATER SERVICES APPROVED AS TO FORM
r
By: By:
_ P
District Generaf Counsel
Date: //ZZ-b
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By: By:.
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM
By: By:
Attorney
Date:
Page 2 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
5. Except as amended herein,the initial Joint Funding Agreement shall remain in full force
and effect.
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
00
By: By:
chard. P.j, B ke, ent Attorney Clark 'four
Date:
CITY OF HII,LSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By By:
' Attorney
Date:
Paget of 5
Second Amendment to Joint Funding Agreement for Water Sup*Feasibility Study
5. Except as amended herein, the initial Joint Funding Agreement shall remain in full force
and effect.
The above is hereby agreed to by the parties and executed by the duly authorized
representative.below:
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By:
Attorney
Date: OX1171e3
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 2 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
5. Except as amended herein, the initial Joint Funding Agreement shall remain in full force
and effect.
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By By,
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF EAVERTON APPROVED AS TO FORM:
B B.
By: y: f2M&4V(—,
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 2 of 5 Second Amendment to Joint Funding.Agreement for Water Supply Feasibility Study
DEC-16-2003 18:M FROM 70:5038463641 P.002/002
i
5. Except as amended herein,the initial Joint Funding Agreement shall remain in full'force
and effect.
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF EMLSBORO APPROVED AS TO FORM:
By: By.
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By.
Date: Attorney
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By,
Attorney
Date: Z
Page 2 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
ALOrney
.Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By,
Date: Attorney
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Date: Attorney
Page 3 of 5 Second Amendment to Joint Funding Agreement for Water,Supply'Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHER�iWOOD APPROVED AS TO FORM:
By: C. . By; P,yI
Attorney
Date: A.4 D 3
CITY OF TUALATIN APPROVED AS TO FORM:
By: By;
Attorney
Date:
Page 3 of 5 Second Amendment to Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: `v J
Attorney
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BANKS APPROVED AS TO FORM:
By: By
Attorney
Date:
Page 3 of 5 Second Amendment to Joint Funding Agreement for Water Supply feasibility Study
FIRST AMENDMENT
TO JOINT FUNDING AGREEMENT FOR
IWRM WATER SUPPLY FEASIBILITY STUDY
This Amendment,dated 4/aa m k1err 2002,is between Clean Water Services
("District"- formerly known.as Unified,-Sewerage Agency)a county service district formed by
authority of ORS 451, The Tualatin Valley Water District,a domestic water.district formed by
authority of ORS 264 and the cities of Hillsboro,Beaverton,.Forest Grove,Tigard,Sherwood,
Tualatin,North Plains,Cornelius and'Banks,all municipal corporations of the State of Oregon
(Partners)and amends the parties Joint Funding Agreement—IWRM Water Supply Feasibility
Study dated June 20,2001 ("Joint Funding.Agreement').
RECITALS:
1. The parties previously entered into the Joint Funding Agreement under which the parties
agreed to jointly fund a study of the.feasibility of alternative approaches to increasing the
water supply,as well as the`no action alternative'.
2. The parties now wish to amend the Joint Funding Agreement in order to fund additional
Study tasks to complete the Water Supply Feasibility Study.
TERMS AND CONDITIONS
1. From the effective date of the Amendment,Partners shall compensate District for each
party's share of the cost of the Study as provided in Section 2 of the Agreement. A
revised payment schedule is included as Exhibit B.
Total payment to District for,compensation for services provided during fiscal year 2002-
2003 shall not exceed$1,237,400..
2. Section 4 is,amended as follows:
"$734,000"is changed to"$1,237,400".
3. Exhibit A of the Joint Funding Agreement is amended as provided in Exhibit A of this
Amendment.
4. This Amendment shall be effective upon signing of all parties.
5. Except as amended herein,the initial Joint Funding Agreement.shall remain in full force
and effect.
Page 1 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
6. CounteMarts/Effective Date. This Agreement may be signed in counterparts and
becomes effective upon the date of the latest signature of the signatories authorized by the
governing body of each party.
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: B .
fb A 9l a District General Counsel
Date: U
TUALATIN VALLEY WATER DISTRICT APROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By;
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By; By:
Attorney
Date:
Page 2 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
6. Counterparts/Effective Date. This Agreement may be signed in counterparts and
becomes effective upon the date of the latest signature of the signatories
authorized by the governing body of each party.
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: r By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APROVED AS TO FORM:
By: By:
«h4 rP., BarAc res enf Attorney
Date: `j 01-1
CITY OF HILLSBORO APPROVED AS TO FORM:
BY: By:
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST.GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Date:
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
6: Counterparts/Effective Date. This Agreement may signed in-.counterparts and
becomes effective upon the date of the latest signature of the signatories
authorized by the.governing body of each party.
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General'Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By By:
Attorney
Date: �J�-"� � ` �J Z—
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Date:
The above is hereby agreed to by the parties and executed by the duly authorized
representative below:
6. Counterparts/Effective Date. This Agreement may be signed in counterparts and
becomes effective upon the date of the latest signature of the signatories
authorized by the governing body of each party.
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF AVERTON APPROVED AS TO FORM:
By: By:(-Kc!,
Date:----�� B�� Attorney
-
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: By:
Attorney
Dater
The above is hereby agreed to by the parties and executed by the duly'authorized
representative below:
6. Counterparts/Effective Date. This Agreement may be signed in counterparts and
becomes effective upon the date of the.latest signatureof the signatories
authorized by the governing body of each party.
CLEAN WATER SERVICES APPROVED AS TO FORM:
By: By:
District General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By: B
6 y
Date:
Attorney
/�i��� 2_
Attachment#1
JWC Feasibility Study Amendment
CITY OF TIGARD APPROVED AS TO FORM:
By; By: V
Attorney
Date
r
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BANKS APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 3 of 5 Amendment to,Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
Y Y•
B l 6W v r B H,.
Attorney
Date: �1�/la—•
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney .
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BANKS APPROVED AS TO.FORM:
By: By:
Attorney
Date:
Page 3 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By:
MaAF PrV Tem Attorney
Date: a--
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BANKS APPROVED AS TO FORM:
By: By._
Attorney
Date:
Page 3 of 5 Amendment to Joint Funding"Agreement for-Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVEDAS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Date: Attorney
CITY OF NORTH PLAINS APPROMD,AS TO FORM:
By: '
By:
D 2 Attorney
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Date: Attorney
CITY OF BANKS APPROVED AS TO FORM:
By: By:
Attorney
Date:
Page 3 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date!
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CCORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date: /� Q =��- n �
CITY OF BANKS APPROVED AS TO FORM:
By: By
Attorney
Date:
Page 3 of 5 Amendment to Joint Funding.Agreement for Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney
Date:
CITY OF BANKS APPROVED AS TO FORM:
By: By:
Attorney
Date: O
Page 3 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
Exhibit A (First Amendment)
TUALATIN BASIN WATER SUPPLY FEASIBILITY
STUDY
Scope of Work Tasks
(Revised and additional Tasks)
August 16, 2002
Task 400- Economics
1. Conduct Principles and Guidelines for National Economic.Development benefits-cost
analysis
2. Conduct Principles and Guidelines for Regional Economic Development benefits-cost
analysis
3. Conduct Repayment Analysis
4. Write Economic affected environment
5. Conduct impact analysis
6. Revise economic input in response to comments
Task 900- Social and Environmental Justice
1. Affected'Environmental/Existing conditions
2. Environmental ConsequencesUpact.Analysis
3. Review drafts and respond to comments
Task 1200- Cultural Resources
1. Conduct background research/mitial information gathering.
2. Conduct data collection/file search.
3. Draft affected environment section.
4. Evaluate,alteznatives/draft environmental consequences section.
5. Consult widiMPt?.
6. Consult with Native.Americans.
7. Attend team meetings.
8. Review and revise drafts.
9. Respond to public comments.
10.Conduct site visit to project area.
Page.4 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
Task 1300- Resources Management(Project Management)
1. Coordinate with BOR management and staff on federal funding process and review of
tasks.
2. Coordinate and administer governmental afi'airs contractor for the federal funding
process.
3. Develop action,.plan for seeking congressional appropriations'and federal agency
grant processes.
Task 1400- Sain Creek Tunnel Analysis (new task)
1. Gather and review technical information on the geologic and seimsicity in the area of
the tunnel.
2. Assess potential water yield and its impact on reservoir filling.Describe tunnel
hydrology and operational parameters.
3. Evaluate the potential of hydropower benefits of alternative tunnel configurations.
4. Evaluate daily strearnflows in upper watershed, including quantifying the flood
control benefit of the tunnel.
Task 1500 Climate Change Survey for Water Demands (new task)
1. Evaluate climate changes models and determine potential general climate change
trend.
2. Based on climate change information,determine impacts to streamflows and current
hydrology.
3. Evaluate and review water supply impacts from climate-altered streamflows.
4. Summarize the climate change elements as related to water demand and present
management implications.
Page 5 of 5 Amendment to Joint Funding Agreement for Water Supply Feasibility Study
Tualatin Basin Water Supply Feasibility Study
Date: August 14,2002
To: Water Managers Group(WMG)
From: Tom VanderPlaat.-CWS Project Manager
Subject: WSFS Funding Options review
Since signing the Joint Funding Agreement in June 2001,the Water Supply Feasibility
study has made good progress. As mentioned at the previous WMG,we have several
issues that related to the budget and time schedule as we move forward.
In January 2002,as part of the budget review,it was agreed that a 10%contingency
would be included in the partner's budgets for FY 02-03,which equates to$73,400 and
total of$807,400.
As presented at the last WMG meeting,the BOR budgeted only$25,000 for FY 02-03,
which is not adequate for completion for the tasks committed in the BOFJCWs
Memorandum of Agreement(MOA). The funding limitations have an impact on the
options for the future. The costs for the various options would allocate based on the
current joint funding agreement percentages.The following is the funding options for
completion of the Study:
Option 1. —Governmental Affairs and CWS Project Management.
This option includes two elements. Fust;based on the recent discussionsmith
BOR management,they strongly recommended that we increase our efforts with the
governmental affairs consultant(Washington DC lobbyist).. Itwould likely take up to
two years to obtain BOR funding given the federal budget process. Based on the
unanticipated complexity of the Study,we underestimated the level of effort for CWS
management and suggest that an addition to this element. Specifically,the BOR
coordination and public involvement.are two task areas have taken more time than
anticipated.
• Increased Budget for Governmental Affairs---- $60,000
• Increase Budget forCWS Project Management-- $45,000
Total Increase $105,000
OptionIA.—Sain Creek Tunnel Feasibility
This option is based on the MWH Scope and tasks elements to be preformed by
the CWS project manager. This option would include the flood control and hydropower
elements of the draft MWH scope of work. The CWS work tasks include the water
availability analysis for the Tualatin River diversion.
• Sain Creek Tunnel Feasibility $60,000
Option 2.—Climate Change Review of Water Demands
This option is to conduct the climate change study for the Tualatin Basin and
understand the impact to the water demands. This review would similar to the Portland
Bull Run analysis.
• Climate Change Review of Water Demands --- $50,000
Option 3—BOR tasks for completion of the WFSF
This option is based on advancing funding to the BOR for completion of the
Study,in order to keep the Study on the proposed time schedule. The BOR tasks include
dam engineering,economics,cultural resources and others. The BOR management
indicated4he funding would be credited at a later phase of the Project. However,given
the future of federal funding,this is of considerable concern.As part of the federal
funding process,the crediting of this option would be included as part of the future
legislation with the BOR.
• BOR tasks for completion of the WSFS - $215,000
In the case that all the above options are chosen,the budget would increase by$430,000
and from the original$807,400 to$1,237,000. The attached spreadsheets show the
impact to the individual partners.
Additional Study Elements(Fish Passage Engineering and Biological Assessment)
The original Study work tasks did not include tasks related to fish passage and
endangered species act consultation,due to the BOR consultation initiated on the existing
dam and its operations. It was hoped that BOR consultation process would be completed
and could be included in the Study,however,.due to'changing federal'priorities it will not
be completed Therefore in orderto maintain the'Study.time schedule,there maybe a
need to include two additional work tasks-for fish;passage engineering,and:development
of biological assessment(BA)for endangered species. The'biological assessment will
identify the impacts associated with project-alternatives on.threatened and,endangered.
species. The BA will need.to,be:coordinated-with BOR and,estimated to cost
approximately$50,000. The fish passage engineering,task will conduct an,engineering,
biological and economic assessment ofpassage alternatives. The:estimated cost of the
task is$50,000 to evaluate the costs and benefits of fish passage. These costs are not
included in the Joint Funding Agreement amendment and will need further review by the
WMG.
�., Sr
} TABLE O F TASKS
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Regionalization Discussions -
Jun-03
Fish Passage Engineering Sep ,02 6 mo. Mar-03
Biological Assessment n 0a 3 m o. Sep-03 t
Draft EIS
Jun-03 12 mo. Jun-04
Final EIS and R0f;W, Jun-04 6 mo. Dec-04
Predesig,•n Jan-05 1 2 m o. Jan-06
Perm itt ,n Jan-05 1 2 m o. Jan 06 `
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redesign
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Exhibit B
Water Supply Feasibility Report
Water Supply Feasibility Report Cost Share
Project Manager-Tom VanderPleat Date 8/14/2002
Options Review
Water I %Share Costs Option 1 Option 1A Option 2 Option 3
Allocations Gov.affairs& Sain Cr. Climate BOR
CWS PM Tunnel Chane Tasks
Ac-ft $106,000 $60,000 $50,000 $216,000
Water Quality
CWS 15,000 29.64% $239,348 $270,474 $288,261 $303,083 $366,818
M81 I x
City of Tigard 9,500 18.77% $151,58U7 $171,300 $182,565 $191,953 $232.318
TVWD 9,500 18.77% $151,587 $171,300 $182,565 $191,953 $232,318
City of Hillsboro 4 600 9.09% 73 400 $82,945 $88,400 $92 945 $112.491
City of Beaverton 3,600 7.11% $57,443 $64,914 $69,183, $72,740 $88,036.
City of Sherwood 1,800 3.56% $28.722 1 $32,457 $34,591 $36,370 $44,018
City of Tualatin 1,700 3.36% $27,126 $30,654 $32,670 $34,349 $41,573
City of Forest Grove I 900 1 1.78°x6 $14.361 $16,228 $17.296 $18,185 $22,009
City of Cornelius 2,0001 3.95% $31,913 $36,063 S38,435 $40,41 $48,909
Clty of North Plains 11000 1.98% $15,957 $18,032 $19,217 $20,206 $24,455
City of Banks 1 000 1.98% $15,957 $180 $19 217 520,206 $24,455
Tota(M81 35,600 70.36%. $568,052 5641,926 5684,139 $719,317 $870,582
Sub Total 50,6001 100.00%1 $807,400 1 $912,400 $972,400 $1,022,400 $1,237,400
WQ exisitin 12,618
N&I exismin 14,0001 Tota
Irrigation 27,022 Ibriginal Contract $734,000
Fish and Wildlife lContlingency(10%) $73,4001
Recreation" 6,900 1 1 $807,400
Hydro,power [option 1 -Govemm.Affairs and CWS Project M9t, $105,000
Flood Management $912,400
loption,1A-Sain Creek Tunnel Feasibility $60,000
Total active store a 104 240 $972,400
Feasibility Report Estimate $807400 Option 2-Climate Change Rev.for Water Demands $50,000
$1,022,400
Option 3-BOR Tasks $215040
Totals $1,237,440
Water Budget-Options Overview-Exhibit B 9!30/2002
C1eanWater Services
Our commitment is clear.
DATE: July 12, 2001
TO: Greg DiLoreto,Tualatin.Valley Water District
Tim Erwert,City of Hillsboro
David Winship, City of Beaverton
Rob Foster, City of Forest Grove
Ed Wegner,City of Tigard
Eugene Thomas City of Sherwood
Mike McKillip, City of Tualatin
Dan Otterman, City of North Plains
Rob Dixon, City of Cornelius
Robert Orlowski&Dale Merrell, City of Banks
FROM: Tom VanderPlaat
Senior Special Projects Manager
SUBJECT: IWRM WATER SUPPLY FEASIBILITY STUDY
Enclosed is the signed final Joint Funding Agreement on the above cities and TVWD.
If you have any questions please call me at 503-846-8758.
155 N First Avenue,Suite 270•Hillsboro,Oregon 97124
Phone:(503)846-8621•Fax:(503)846-3525•www.cleanwat.6rservices.org
May 14,2001
JOINT FUNDING AGREEMENT:
IWRM WATER SUPPLY FEASIBILITY STUDY
This agreement,dated T-At 7-0 --,2001,is between The Unified Sewerage Agency of
Washington County, a county service district.formed by authority of ORS 451, (Agency),
The Tualatin Valley Water District,a domestic water district formed by authority of ORS
264(District) and the cities of Hillsboro,Beaverton, Forest Grove,Tigard, Sherwood,
Tualatin, North Plains,Cornelius and Banks, all municipal corporations of the State of
Oregon.
RECITALS
1. The parties acknowledge that new sources of water will be necessary in order to meet
the needs of domestic, commercial, industrial and agricultural users'within the
Tualatin Basin, as well as the water quality and quantity needs of the Tualatin River;
2. The parties wish to enter into an agreement under which the parties shall jointly fund .
a study of the feasibility of twb alternative approaches to increasing the water supply,
as well as the "no action" alternative.
3. The parties hereto have the authority to enter into this agreement pursuant to their
applicable charters and Oregon Revised Statutes sections 190.003 through 190.030.
TERMS AND CONDITIONS
1. Description of Project
The project to be funded pursuant to this agreement shall be known as "The
Integrated Water Resources.,Management Water Supply Feasibility Study" (the Study).
The Study shall'be conducted jointly by;consultants hired by the parties to this agreement
and the U.S.'Bureau of Reclamation. The Study shall examine the feasibility of several
water supply-alternatives to increasing the water Supply within the Tualatin.Basin. The
alternatives provided in the IWRM StrategyPlan`included;expanding the Hagg'Lake
reservoir, and other potential new supply alternatives. T?he Study shall also examine the
feasibility of not increasing the wateusupply within the Tualatin'Basiri =The Study shall
recommend.a:preferred-approach to meeting water needs within the Tualatin Basin and
shall'contain`either a strategy or,a draft strategy for obtaining.an.Environmental Impact
Statement. In examining the alternative approaches to increasing,the water supply, the
Study shall assume that an additional 50,600 acre feet of supply will be needed on an
Page 1- Joint Funding Agreement
IWRM Water Supply Feasibility Study
annual basis. The estimated cost of the Study to the parties of this agreement is$14,500
per 1000 acre feet of additional supply or an estimatedutal of$734,000. In the event the
Bureau of Reclamation portion of the Study increases in scope,there will be a
corresponding reduction in the cost of the study to theparties'to this agreement. The
patties understand that the Study is an initial step in addressing the water needs of the
Tualatin Basin and that participation in funding the study does not confer a right to water.
The parties understand that the estimated current cost of increasing the water supply by
5.0,600 acre-feet per year is$;112 million.,
2 Cost Share
Each party's share of the cost of the Study shall be proportionalio the party's
projected share of the additional water supply as of the date of this agreement,assuming
50,600 acre-feet of additional supply. The cost share for each party shall be equal to the
percentage indicated'below:
Acre F
Unified Sewerage Agency 15,000 29.65
Tualatin Valley Water District 9,500 18.77
City of Tigard 9,500 18.77
City of Hillsboro 4;600 9.09
City of'Beaverton 3,600 7.11
City of Sherwood 1,800 3.56
City of Tualatin 1,700 3.36
City of Cornelius 2,000 3.95
City of Forest Grove 900 1.78
City of North Plains 1,000 1.98
City of Banks 1;000 1.98
The actual amount and percentage of any additional water supply agreed to by a party
may ultimately vary from the amount assigned to the party in the chart above.
3. Project Management
The parties agree that Agency shall be the Project Manager for the Study,and
shall seek and retain such contracted services as may,from time to time,be deemed
necessary to carry out the work of the Study. Agency will seek and retain such services
through a Request-for Proposals process. A draft scope of work for the Study is included-
as Exhibit A. Agency shall'pay such bills and invoices as may be deemed proper and
appropriate and upon payment thereof shall deliver invoices to the parties to this
agreement,in the applicable.percentages asset forth in Section 2 above. Each party shall
pay such invoice(s) within thirty.(30)days of receipt and shall'pay such invoice(s)even if
there is a question to resolve with Agency. All questions that cannot be resolved between
a party and Agency shall be submitted to all of the:parties to this agreement for final
resolution.
Page 2- Joint Funding Agreement
IWRM Water Supply Feasibility Study
4. Voluntary Termination of Party
Except as otherwise indicated in this section, no party may terminate its rights and
obligations under this agreement until,the Study is completed or a totalof$734,000 has
been expended, whichever occurs first. A party may terminate its rights and obligations
if another party to this agreement:agrees to assume the party's rights and obligations and
the Joint'Commission,approves,or,if the Joint Commission has not been established, if
all other parties to this;agreement approve. No,transfer of a party's rights and'obligations
under this section;shall include a.profit:to the.party.
5. Amendments
This agreement may be amended if each party concurs in the proposal. Such
amendment must be in writing and signed by authorized representatives of all parties.
6. Assignment
No party shall have the right to assign its interest in this agreement(or any portion
thereof)without the prior written consent of all other parties.
7. Severability
In case one or more of the provisions contained herein should be held 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.
8. Notices
Any notice deemed necessary by the Project Manager or any representative
agency shall be given in writing to the designees of each agency by either hand delivery
or by United States Mail,first class postage prepaid or by e-mail,if return is
acknowledged.
9.' Attorney Fees
If any dispute should arise under this agreement the prevailing party shall be
entitled to such reasonable attorney fees as may be awarded by any trial court or
arbitrator and including any appeal therefrom.
10. Binding Effect and Indemnity
All,acts undertaken in the Course of the project,by any authorized party, shall be
deemed to be the acts of all parties. 'For allother acts or omissions each party hereto
agrees to indemnity the other,their governing bodies,,officers; agents,employees and
consultants from and against all claims,demands,penalties and�causes of action of any
Page 3- Joint Funding Agreement
IWRM Water Supply Feasibility Study
kind or character, including the cost of defense and attorney fees,arising in favor of any
person or entity on'account of personal injury,death or damage to property resulting from
the solely negligent acts or omissions of the.entity or one under its control.
11. Authorship, Legal Review
This agreement shall not be construed for or against any party by reason of the
authorship or alleged authorship of any provision. Each party is encouraged to,obtain the
advice of legal counsel before signing this agreement.
Page 4= Joint Funding Agreement
IWRM Water'Supply Feasibility Study.
1. Signature Paize
UNIFIED SEWERAGE AGENCY APPROVED S TO FORM:
By: B
ncy General Counsel
Date:
TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM:
By: B
Date:
CITY OF HILLSBORO APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF BEAVERTON APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF FOREST GROVE: APPROVED AS TO FORM:
By:
Attorney for City
Date:
Page 5—Joint Funding Agreement
IWRM Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO FORM:
B By:
Attorne �forCi
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
8y:
Attorney for City
Date: .
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney,for City
Date:
CITY OF BANKS APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
Page 6—Joint Funding Agreement
IWRM Water Supply Feasibility Study
or entity on account of personal injury, death or damage to property resulting from the
solely negligent acts or omissions of the entity or one under its control.
11. Authorship, Legal Review.
This agreement shall not be construed for or against any party by reason of the authorship
or alleged authorship of any provision: Each party is encouraged to obtain.the advice of
legal counsel before.signing this agreement.
12. Signature Page
CITY OF HILLSBORO APPROVED AS TO FORM:
,F
By: By:
Rob Massar,Assistant City Manager City A ey
Date:
Page 4- Joint Funding Agreement
IWRM Water Supply Feasibility Study .
12. Signature Page
CITY OF B AVER O APPROVED AS TO FORM:
By: By
/ Attorney for City
Date:
Page 5 -Joint Funding Agreement
IWRM Water Supply Feasibility Study
:603E2ES524 a C
CITY OF TIGARD APPROVED AS TO FORM:
By:
Attorney for Citv
Date: -
CITY OF SHERWOOD APPROVED AS TO FORM:
B ` c, B
Y• _ Y•
Attorney for City
Date: /I
CITY OF TUALATIN APPROVED AS TO FORM:
By: — By: --
Attorney for City
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
Bv: Bv:
,. -----
Attornev for Cit
Date:
y
CITY OF CORNELIUS APPROVED AS TO FORM:
By- -- By:
Attorney for City
Date:
CITY OF BANKS APPROVED AS TO FORM: .
By. By:
Attorney for City
Date:
Page 6-Joint Funding Agreement
IWRMWater Supply Feasibility Study
12. Signature Page
CITY OF TUALATIN APPROVED AS TO FORM:
By: B Zry�o�A/
Attorney for City
Date:
Page 5 -Joint Funding Agreement
IWRM Water Supply Feasibility Study
12. Signature Page
CITY OF CORNELIUS APPROVED AS TO FORM:
By: By:
Attorney for'City
D ,Z.L
Page 5 -Joint Funding Agreement
IWRM Water Supply Feasibility Study
y
12. Signature Page
CITY OF FOREST GROVE: APPROVED,AS TO FORM:
B By.
Attorney for City
Date:
Page 5 -Joint Funding Agreement
IWRM Water Supply Feasibility Study
CITY OF TIGARD APPROVED AS TO-FORM:
By,.- By
Attorneyfor City
Date:
CITY OF SHERWOOD APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF TUALATIN APPROVED AS TO FORM:
By: By:
Attorney for City
Date:
CITY OF NORTH PLAINS APPROVED AS TO FORM:
By:
4�Attornqwfqr Cit
Date: Pla4 7j.�
CITY OF CORNELIUS APPROVED AS TO FORM:
By: BY
Attorney for City
Date:
CITY OF BANKS APPROVED AS TO FORM:
BBy:
y
Attorney for City
Date:
Page 6 Joint Funding Agreement
IWRM Water Supply Feasibility Study
12. Signature Page
CITY OF BANKS APPROVE_ AS TO F
By: R. e% ��' a4 d By:
Attorney for City
Date: S Ll �0
Page 5- Joint Funding Agreement
IWRM Water Supply Feasibility Study
d -
Exhibit A
IWRM WATER SUPPLY FEASIBILITY STUDY
Scope of Work Tasks
Task 100—Engineering
1. Scoggins Dam Raise
New Flood routing
➢ Relocation of existing shoreline facilities
➢ Fish Passage Assessment "
➢ Power Generation Analyses
2. Willamette River Exchange Pipeline
Topographic and Location Maps for Pipeline Routing
➢ Pumping Plant Locations and Power Supply Review
Pipeline System Capacity
Pipeline System Routing Alternatives
3. Alternatives Analysis Process
➢ Review of existing BOR Information
4. No-Action Alternative
Task 200 - Biological Resources
1. Scoping and Public Involvement
2:` Collect and Review of existing information
3. Conduct Wetland,evaluation and delineation
4. Conduct habitat evaluation procedure
5. Conduct field surveys
6. Agency Coordination
7. Impact and effected environment section of Environmental Impact Statement
8. Preparation of a biological assessment (BA)
Task 300—Technical Writing
1. Review function
Task 400 Economics
1. Review function
Task 500=Surface/Groundwater Hydrology
1. TeamMeetings and Coordination
2. Literature Review and data collection
3. Surface Water.Supply Modeling
4. Presentation and coordination .
5. Develop water supply technical input to report .
6. Peer review, report revisions
Exhibit A 1 May 3,2001
IWRM Water Supply Feasibility Study
7. Maps, supplies and printing costs
Task 600 - Water Quality
1. Review of Existing data and reports.
2. Conduct Water Quality data analysis
3. Prepare Water quality sections for Planning report
4. Meetings and Coordination
5. Conduct peer review
Task 700-Land and Soil Resources.(Soils and Geology)
1. Review of existing data (Phase II Planning Report)
2. Land Inventory of irrigated lands
3. Onsite evaluations and expanded reservoir site
4. Land Classification status
5. Agricultural history
6. Crop survey of irrigated and non-irrigated lands
7. Interviews of Agricultural users and agencies
8. Soils information and technical review
9. Soil trace element review
10. Prepare Land and Soils chapter for Planning Report
11. Respond to comments
12.Team Meetings
Task 8007 Outdoor Recreation
1. Coordination with state,local and private entities
2. Document existing recreational activities
3. Locate and identify existing recreational facilities
4. Prepare recreation sections for Planning Report
5. Prepare basic recreation maps
6. Team meetings and status reports
Task 900-Social and Environmental Justice
1. Review of Information
Task 1000-Indian Trust Assets
1. Review of Information
Task 1100-Public Involvement
1. Develop and:revise public involvement strategy
2. Identify stakeholders;develop and maintain mailing lists
3. Public meeting and document notification
4. Public meeting preparation
5. Attend public meetings
6. Process public comments
7. Attend Team meetings
8. Write public involvement sections for Planning Report
9. Public Notices,Court Reporter,Facility Rental Fees
Exhibit A 2 May 3,2001
IWRM Water Supply Feasibility Study
i
i
Task 1200 - Cultural Resources
1. Review information as needed
Task 1300—Resources Management(Project Management);
1. Develop agreements and modify as needed.
1. Track work accomplishments and costs.
3. Coordinate with the client and other participants.
4. Coordinate and',participate in the development of a final purpose and need statement, goals
and objectives, criteria for alternative development,:and,altemative formulation for the j
proposed project.
5. Insure that all.documents.meet.project requirements in accordance with purpose and need,
goals, and objectives of'the project.
6. Prepare for and participate in public meetings.
7. Coordinate reviews and revisions of draft documents.
8. Provide periodic progress reports to participating client staff as a management aid, outlining
accomplishments and providing information on problems or concerns.
9. Conduct technical team meetings.
i
i
Exhibit A 3 May 3,2001
IWRM Water Supply Feasibility Study