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Resolution No. 08-49 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08-,4/q A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH CLEAN WATER SERVICES TO DEVELOP A PRIVATE WATER QUALITY FACILITIES MANAGEMENT PLAN. WHEREAS, Clean Water Services is a public utility that is responsible for the environmental protection and vitality of the Tualatin River Watershed that serves its 12-member cities, including Tigard which is a co- implementer of the permits ensuring compliance with the Clean Water Act;and WHEREAS, the City, in conjunction Nvith CWS, agrees to contribute to die development of a Private Water Quality Facilities Management Program that includes the following requirements: development of standard inspection protocols; inspection and assessment of the 192 water quality facilities xvidvn Tigard's jurisdiction; identification of those facilities needing immediate improvements; recommendation of strategies for on-going inspection and enforcement procedures; and the development of public education and outreach strategies and materials. NOW,THEREFORE,BE IT RESOLVED by tie Tigard City Council that: SECTION 1: The City tvill agree to participate and contribute $42,658 to the development of a Private Water Quality Facilities Management Plan that will ensure compliance with Clean Water Services requirements 111 die regulation of the Clean Water Act. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day o 2008. 7 Mayor-dty o Tigard ATTEST: LA-4 City Recorder-City of ligatd RESOLUTION NO. 08 Page 1 EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD FOR DEVELOPMENT OF PRIVATE WATER QUALITY FACILITY MANAGEMENT PLAN PROJECT NO. 6357 This Agreement date .Uj Q& , 2008, is between Clean Water Services (District) a county service district organized under ORS Chapter 451 and the City of Tigard, Oregon(City) an Oregon municipality. A. RECITALS ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective fimetions as necessary. City and District intend to jointly undertake the Private Water Quality Facility Management Plan Project No. 6357 (Project),to develop standards for consistent inspection and enforcement of rules involving private water quality facilities. City and District have agreed that the Project includes: selecting a consultant; preparing a scope of work; negotiating a contract; administering and managing the consultant contract; reviewing all consultant prepared documents, and completing the final Private Water Quality Facility Management Plan report. NOW, THEREFORE,the parties do mutually agree as follows: B. CITY OBLIGATIONS City shall: 1. Designate an individual to serve as the City Private Water Quality Facility Management Plan Project Manager(City Project Manager). 2. Review and assist in developing the Scope of Work for the Request for Proposals. 3. Assist in the consultant selection process. 4. Assist in developing the Scope of Work for the consultant contract. 5. Participate in Project meetings and workshops with District and consultant. 6. Review and provide timely comments on consultant submittals. 7. Review consultant invoices for the Project work as provided by District and provide Intergovernmental Agreement City of Tigard and Clean Water Services Private Water Quality Facility Management Plan Project No.6357 Pagel of 5 feedback or approval to District within two weeks. 8. Reimburse District the cost of the consultant services associated with the City's portion of the Project, which shall not exceed $42,658 without written consent of City. C. DISTRICT OBLIGATIONS District shall: 1. Prepare and advertise a Request for Proposals and coordinate and administer the consultant selection process. 2. Negotiate a contract with the selected consultant. 3. Prepare a technical Scope of Work and exhibits for the consultant contract. 4. Contract with the consultant for the Project. 5. Coordinate Project meetings with the consultant and cities. 6. Coordinate review of consultant submittals. 7. Review and process all consultant invoices. District Project Manager shall confirm status of work with City Project Manager prior to processing invoices. 8. Ensure consultant performance of work detailed in consultant contract and described in the Private Water Quality Facility Management Plan Scope of Work attached here to as Exhibit A. 9. Invoice City on a regular basis as invoices are received from the consultant. 10. Make payments of amounts due and approved to the consultant. 11. Provide City with one copy of the final Private Water Quality Facility Management Plan for City facilities and one electronic copy of the full final Private Water Quality Facility Management Plan. 12. Obtain written approval from City prior to making any contract amendments with the consultant that would affect the Scope of Work or the cost to City. Intergovernmental Agreement City of Tigard and Clean Water Services Private Water Quality Facility Management PIan Project No.6357 Page 2 of 5 D. GENERAL TERMS 1. Amendment of Agreement. City and District may amend this Agreement from time to time, by mutual written agreement. 2. Indemnification Clause. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees)in favor of any person on account of personal injury, death, damage of property, or violation of law, which arises out of, or results from, the negligent or other legally culpable acts or omissions of the indemnit6r, its employees, agents, contractors or representatives. 3. Resolution of Disputes. If any dispute arising out of this Agreement can not be resolved by the project managers from each party, the City Manager and District General Manager will attempt to resolve the issue. If the City Manager and District General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided by Oregon law. 4. Laws and Regulations. City and District agree to abide by all applicable laws and regulations. 5. Integration. This doctunent constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to detennine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the fixture. 6. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Agreement, the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees, costs, disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial, arbitration, bankruptcy, or other proceeding and in any appeal. Intergovernmental Agreement City of Tigard and Clean Water Services Private Water Quality Facility Management Plan Project No. 6357 Page 3 of 5 7. Term of Agreement. This Agreement is effective from the date of execution by both parties until the completion of all obligations created by this Agreement. S. Termination. This Agreement may be terminated only by mutual written agreement of both parties. 9. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 10. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable,the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 11. Approval Required. This Agreement and all amendments shall become effective when approved by 1) District's General Manager or the General Manager's designee and, when required by applicable District rules, District's Board of Directors and 2)the City Council and the City Manager. 12. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. Intergovernmental Agreement City of Tigard and Clean Water Services Private Water Quality Facility Management PIan Project No.6357 Page 4 of 5 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD, OREGON CLEAN WATER SERVICES By: /V`(ill;' V{ 1 UV! ` r y By: C-reesser, City*Aager Bill Gaffe, General Manager E43J1z_6C A Al�, 42S k-. APPROVED AS-TO FORM APPROVED AS TO FORM �z v( r � J City Attorney District Counsel Intergovernmental Agreement City of Tigard and Clean Water Services Private Water Quality Facility Management PIan Project No.6357 Page 5 of 5 EXHIBIT A SPECIAL TERMS AND CONDITIONS I. Scope of Work The purpose of this Project is to provide inspection and assessment of private water quality facilities within the Cities of Tigard, Tualatin and Forest Grove (Cities) and in the unincorporated areas of the District's service boundary; develop standard inspection protocols to be used District-wide; identify facilities needing immediate improvements for proper functioning; refine and recommend strategies for on-going inspection and enforcement procedures; and develop public education and outreach strategies and material. Task 1. Project Management Consultant shall provide Project coordination, direction, and management to communicate a clear understanding of roles, responsibilities, schedule, scope, and budget to Project team members to develop the Private Water Quality Facility Management Plan. Subtask 1.1: • Consultant shall develop a Project guide that clearly describes the expectations, scope, schedule and budget. The guide shall define the QA/QC procedures and protocols. Subtask 1.2: • Consultant shall prepare monthly progress reports with a brief narrative and table that presents the overall Project status in terms of work completed, work remaining, budget, schedule, and estimated cost to complete. • Consultant shall prepare monthly invoices. Subtask 1.3: • Consultant shall conduct regular Project team meetings to review ongoing activities, resolve technical issues, identify additional needs and expedite the decision making process. • Consultant shall prepare for and attend a kickoff meeting with District staff. • Up to four(4) interim Project status meetings shall be held, in addition to the Project kickoff meeting. Deliverables— Consultant shall prepare and submit to District: • Project Guide. • Monthly invoices. • Bi-monthly status updates. • Meeting notes. Task 2. Inspection and Enforcement Procedures Consultant shall recommend ongoing condition assessment and inspection procedures, inspection frequencies and escalating enforcement procedures to be used by District and the Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin(Member Cities) for the Project and for the future of the program. Subtask 2.1: • Consultant shall recommend condition assessment and inspection procedures to be used by District and the Member Cities for the Project and for the future of the program. Consultant shall review the recommendations with District prior to the Project workshop. Subtask 2.2: • Consultant shall recommend strategies for on-going inspection frequencies and escalating enforcement procedures to be used by District and the Member Cities. • Consultant shall recommend specific language which could be included on a property deed and maintenance agreement that would give District or Member Cities the ability to enforce. Subtask 2.3: • Consultant shall conduct a workshop with District and Member Cities to review the condition assessment procedures before conducting Task 3 below. The workshop shall include a review of forms and procedures to be used for both above and below ground private water quality facility inspections. • Consultant shall conduct a workshop with District and Member Cities to discuss inspection frequencies and escalating enforcement procedures prior to recommending strategies. • District will contact the appropriate Member Cities and schedule a time and location for each workshop. • District will provide the complete list of the facilities to be evaluated at least two weeks prior to the condition assessment and inspection procedures workshop. • Technical memoranda will be roughly six (6) pages in length. Deliverables— Consultant shall prepare and submit to District: • Field Assessment Procedures Technical Memorandum (TM 2-1) with associated field data forms (four(4) hard copies and one digital PDF copy). • On-going Inspection and Enforcement Protocols Technical Memorandu.un (TM 2-2) (four (4) hard copies and one digital PDF copy). • Conduct a total of two (2) workshops to; 1) discuss field assessment procedures prior to start of Task 3 and 2) recommend and discuss inspection and enforcement protocols, to be held after completion of Task 3. • Property access notification letter for District review and approval. Task 3. Field Inspection and Condition Assessment Consultant shall perform upfront GIS analysis and field inspection and condition assessments for up to 640 private water quality facilities (Facility or Facilities). The Facilities are approximately apportioned by jurisdictional location as follows: 1) 200 in District's service area(District Facilities). 2) 200 in the City of Tualatin. 3) 192 in the City of Tigard. 4) 22 in the City of Forest Grove. Subtask 3.1: • Consultant shall perform a GIS route analysis using 2008 METRO Regional Land Information System data to establish an efficient field inspection sequence for the subsequent field work. Subtask 3.2: • Consultant shall visit the Facilities to document the status of the Facility and obtain additional data for the inventory. For those Facilities inspected by Consultant, the field assessment shall include: — Identification and description of location including the jurisdictional location; — Digital photos showing facility condition; — Verification of Facility type and size; -- Qualitative assessment of functional condition as per the procedures defined in Subtask 2.1; Identification of Facilities with operational, access, and/or maintenance issues; and — Document difference of inventory data resulting from field inspection, where possible. • Using the inspection protocol resulting from Task 2, Consultant shall prepare written records of each Facility site visit (Summary Fact Sheet), which shall be included with the inventory documentation and photos. Consultant shall submit the Facility assessments in groups by jurisdictional location. • Consultant shall be responsible for sending out a mailing to provide notice to property owners prior to entering upon private property. Consultant's notification procedure must be approved in advance by District. • District will compile and provide Consultant with a project number listing of the Facilities (up to 640 facilities). District will also provide the following data for each Facility: — Location by tax lot, owner and street address, if available; — Facility type as identified by District database; — Design information, including capacity and size; — Date constructed; and — Scanned available design and/or as-built drawings. • Consultant will visit each Facility only once. • If individual landowners or neighborhood associations do not agree to allow Consultant access to the property, District will be responsible for securing permission to access the property. . • District shall provide staff to assist and advise Consultant regarding functional conditions as necessary. • District may perform some of the Facility inspections and will provide Consultant with completed Summary Fact Sheets for each Facility inspected. Deliverables— Consultant shall prepare and submit to District Summary Fact Sheets for each Facility that include: Location, ownership and description of each Facility. GPS-georeferenced digital photos and as-built drawings (provided by District, if available) of each Facility. Qualitative ftmctional condition assessment based on procedures identified in Task 2. Consultant shall provide a list of Facilities in need of attention based on operational constraints, access issues, and/or maintenance needs. Task 4. Inventory Documents Consultant shall prepare facility inventory doctimentation including Summary Fact Sheets for each inspected Facility and a Project GIS database to digitally store the collected data records. Subtask 4.1: Consultant shall prepare a summary inventory report that includes the Summary Fact Sheets reflecting the results of Task 3. The inventory report shall include: — A description of work process and results. — A Summary Fact Sheet for each site. — Location maps. — Project photographs. Subtask 4.2: • Consultant shall develop, populate and submit to District a project GIS database to include an electronic copy of the Facility inventory information, the GPS data points and the Project photographs. Consultant shall provide District a database training session lasting up to a half day. • Consultant shall provide four(4) hard copies of the final inventory and supporting documentation binders; one each for District, Tigard, Tualatin and Forest Grove. Documentation for District shall contain supporting information for all Member Cities. • Backup data and information files shall be presented in a separate binder and shall include the written site visit notes and background data from office records, organized and coordinated with the inventory summary report. Deliverables— Consultant shall prepare and submit to District: • The Facility inventory in an ArcGIS Geodatabase. Each entry in the database shall include attributes describing the Facility type, size, location and functional assessment scoring. Site photos, as-built drawings and other associated data will be incorporated into the database if available and provided by District digitally. • A digital copy (in PDF format) of each private water quality facility fact sheet with site notes,photos and as-built drawings and location maps. • A ranking of the Facilities that prioritizes maintenance needs. Task 5. Public Education and Outreach Procedures Consultant shall recommend strategies for on-going public education and outreach targeting property owners with private water quality facility maintenance responsibilities. Subtask 5.1: • Consultant shall contact and research public education and outreach procedures from up to four(4) public agencies with similar programs. Consultant shall meet with the District's Public Affairs staff to discuss outreach strategies and materials. Subtask 5.2: • Consultant shall document recommended procedures including a draft of public education and outreach materials. Subtask 5.3: • Consultant shall conduct one workshop (in conjunction with the on-going inspection and enforcement procedures from Task 2) with District and Member Cities staff to further explore appropriate public education and outreach strategies to develop outreach and education procedures and materials. Deliverables— Consultant shall prepare and submit to District a Technical Memorandum (TM 5-1) outlining water quality facility management program procedures and public education and outreach. Consultant shall also provide District with up to five (5) pages of draft public education and outreach materials in digital format (PDF). Task 6. Draft and Final Reports Consultant shall develop draft and final reports documenting the results from the analysis and field work performed in Tasks 1 though 5. Consultant shall create a separate report for each of the Cities and District that contains only the results for the Facilities in their jurisdictional areas. The reports shall also include discussions and recommendations for a continuing private water quality facility program, including strategies and suggestions on how to proceed with the program formulation and implementation. Subtask 6.1: • Consultant shall develop a draft report including results and technical memoranda developed from the analyses and field work performed in Task 1 through Task 5 and submit to District for comments. Subtask 6.2: • Consultant shall address one (1) set of collated comments from District and Cities. Subtask 6.3: • Consultant shall prepare the final Project report. The approximate length of the report will be fifteen(15)pages including tables and figures. Consultant shall provide four (4) draft and final copies of the report, including a digital PDF. II. Schedule Consultant shall complete and deliver the final Project report by January 31, 2009. III. Use of District Resources District has the option to use its own staff to perform inspections of District Facilities upon notice to Consultant. District will follow the same procedures and use the same forms as prepared by Consultant in Task 2.