Clean Water Services - 7-1113 Sanitary Sewer Master Plan INTERGOVERNMENTAL AGREEMENT
BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD
FOR PREPARATION OF A SANITARY SEWER MASTER PLAN PROJECT NO. 6174
This Agreement dated , 2006, is between
Clean Water Services(District) a county service di trict organized under ORS Chapter 451 and
the City of Tigard, Oregon(City)an Oregon municipality.
A. RECITALS
WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and
authorizes local governments to delegate to each other authority to perform their respective
functions as necessary.
WHEREAS, City and District intend to jointly undertake the Sanitary Sewer Master Plan
Update No. 6174(Project), to update the District Sanitary Sewer Master Plan and create new
sanitary sewer master plans for the cities of Tigard and Hillsboro.
WHEREAS, City and District have agreed that the Project includes, selection of a
consultant, preparation of a scope of services, negotiation of a contract, administration, and
management of the consultant contracts; installation, maintenance, data collection and
management of flow monitors, review of all consultant prepared documents, and preparation of a
final Master Plan Document.
NOW, THEREFORE, the parties do mutually agree as follows:
B. CITY OBLIGATIONS
City shall:
1. Designate an individual to serve as City Master Plan Project Manager.
2. Review and assist in development of the Scope of Services for the Request for Proposals.
3. Assist in the consultant selection process.
4. Assist in the development of the Scope of Services for the consultant contract.
5. Participate in project meetings with District and consultant.
6. Review and provide timely comments on consultant submittals.
7. Assist District with access to manholes for flow monitoring as needed.
Intergovernmental Agreement
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No.6174
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12. Conduct flow monitoring at 9-12 sites within the Tigard local collection system for
verification of modeling and/or calibration of the model as deemed necessary from
modeling and monitoring results. District shall be responsible for installation,
maintenance, and data collection.
13. Invoice City$5000/month for 7 months for flow monitoring activities.
14. Record actual costs of conducting the flow monitoring should it become necessary to
adjust the cost based upon the flow monitoring lasting fewer than 5 months or more than
9 months.
15. Provide City with 2 copies of the final 2006 District Master Plan Update and ten copies of
the City of Tigard 2006 Sanitary Sewer Master Plan.
16. Obtain written approval from City prior to making any contract amendments with the
consultant that would affect the scope of services or the cost for City.
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
Subject to any provision of the Oregon Constitution and ORS 30.260-30.300 and within the
limits set forth in ORS 30.270, each party hereby agrees to protect, defend,hold harmless,
and indemnify the other, its officers, employees and agents of and from any claims,
damages, compensation, suits, actions and expenses, including reasonable attorney's fees,
occasioned in whole or in part by the negligent acts, errors or omissions of the indemnitor or
its employees,while in any way engaged in the performance of this Agreement.
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
Intergovernmental Agreement
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No. 6174
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EACapital Proj=ts\Proj"\6174 Sani Sewa Masta PlmWD and Final IGA 12-06\1GA Tigard Mesta Plm dm
otherwise provided by Oregon law.
4. Laws and Regulations City and District agree to abide by all applicable laws and
regulations.
5. Inte rag tion This document 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 determine 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 future.
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.
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.
8. 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.
Intergovernmental Agreement
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No.6174
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and
year first written above.
CITY OF T OREGON CLEAN WA R S
By: By: i
raig osser, City Manageraffi, ne Manager
City Tigard
APPROV TO FORM
411
District Counsel
Intergovernmental Agreement
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No.6174
Page 5 of 5
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Exhibit A
City of Tigard
1. Identify Rehabilitation Needs and Maintenance Issues
Objective: The objective of this task is to identify those portions of the Tigard
sewer system that are experiencing capacity, surcharging, significant I/I, and/or
maintenance,problems and are in need of rehabilitation.
Task Description
Consultant shall interview City engineering and operations staff and utilize large
scale maps, aerial photographs and maintenance records to identify problem areas
in the collection system. The following topics shall be addressed in the
interviews:
• System condition and performance in sewer lines
• Known hydraulic bottlenecks, overflows, blockages, and other recurring
O&M issues
2. Evaluate Identified Problems
Objective: The objective of this task is evaluate the underlying issues creating the
observed system problems not associated with capacity that were identified in
Task 1.
Task Description
Consultant shall conduct one or more of the following activities to evaluate the
non-capacity items of concern identified in Task 1:
• Review of record drawings
• Review of system age information
• Review of available closed circuit television inspection records.
Consultant may also recommend additional CCTV inspections that appear
to be warranted
Following investigation of deficiencies, consultant shall rank problems by level of
severity and risk based upon anecdotal information and formal documentation.
Deliverables
Technical Memo T-1 - summarizing the findings of the evaluation and
recommended course of action. A system map will be prepared coding priority of
the work and method of rehabilitation. The recommendations will include
modifications to the structural data in the District Hydra model where needed.
3. Conduct Flow Monitoring
Objective: The objective of this task is to conduct flow monitoring in areas that
have been identified as potential over-capacity portions of the system. The flow
monitoring data shall be sufficient to calibrate the Hydra model for the sub-basins
identified.
Intergovernmental Agreement—Exhibit A
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No. 6174
Page 1 of 5
Exhibit A
Task Description
A. Flow Monitoring Plan
Consultant will work with District and City staff to develop a Flow Monitoring
Plan. The Plan will include:
• Recommended flow metering locations, selected to measure I/I in areas
affecting the nine sewer reaches with apparent capacity limitations
identified in previous modeling,plus three additional reaches. The sites
selection criteria will also include maximizing coverage of the collection
system and differentiating between various sub-regions.
• Identification of the personnel, roles, schedule, and general procedures for
the monitoring program. This portion of the plan will be developed in
large part by District staff, in consultation with Consultant and City staff
for coordination of resources.
Consultant will attend a metering program kick-off meeting with City and District
staff to review and finalize the Flow Monitoring Plan and schedule, and identify
key team contacts and lines of communication between the metering team and the
City.
B. Site Assessments
Consultant will participate during the initial site field assessments to be conducted
by District staff, and review recommendations of the metering installation team
regarding suitability of the selected sites.
C. Metering Program Coordination
Consultant will coordinate flow monitoring activities and facilitate good
communication throughout the flow monitoring period. This will include
participation in key portions of the field work. We will periodically review the
flow data to monitor the success of the metering program and to assess the nature
of peak flow events captured by the meters. Consultant will meet twice with City
and District staff during the metering period to discuss preliminary results and to
determine when sufficient data has been collected such that the metering program
can be terminated. District will provide flow metering data in spreadsheet format
that has been subjected to quality control review and can be relied upon as an
acceptable representation of flows at the metered locations for the purposes of
model calibration.
4. Refine the District Hydra Model
Objective: The objective of this task is to determine where capacity restrictions
exist based upon modeling and observation of high flows. Where metering results
Intergovernmental Agreement—Exhibit A
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No. 6174
Page 2 of 5
Exhibit A
verify a potential for surcharging, the District Hydra model shall be calibrated
using data from flow monitoring in the Tigard Area.
Task Description
Consultant shall perform the following tasks to determine where calibration is
necessary and to calibrate the model:
• Process the flow meter and rainfall data into wet and dry season templates
• Determine wet weathendry weather flow ratios under various rainfall
events
• Compare wet-weather flows with modeled wet-weather flow projections
under similar storm condition
• Where wet-weather flows exceed the flows projected by the uncalibrated
model AND the model projects pipe surcharging, calibration of the model
to the metered flows for the given sub-basin shall be conducted.
• Where wet-weather flows do not exceed the flows projected by the
uncalibrated model or the model does not project pipe surcharging, I/I
input parameters shall be adjusted to more closely match the observed
flow rates, but calibration of the model to the metered flows for the given
sub-basin shall not be conducted.
• When calibration is determined to be necessary, the following procedure
shall be followed:
• Revise the dry and wet weather spreadsheet tools to associate sewersheds
with the flow meter.
• Revise the dry-season Defects database for the Hydra model.
• Set up graphing tools for dry-season calibration
• Calibrate to dry-season flows metered during the upcoming dry weather
season.
• Select wet-weather events for calibrating the Tigard system(moderate
antecedent condition).
• Set up graphing tools for wet-weather event calibration.
• Prepare first-cut estimates for 1/1 ratios using a graphical method for each
flow meter.
• Revise the monitor defects summary spreadsheet by adding the flow
meters and estimated parameters.
• Revise wet-weather Defects database.
• Calibrate the Tigard area captured by flow meters to selected storm
events.
• Determine unit I/1 rates for existing land use conditions and the 5-year 24-
hour design storm by sewershed.
Deliverables
Technical Memo T-2 presenting flow metering results and determination of which
sub-basins are recommended for calibration„ 1/I calibration and recommended
modeling parameters. Updated model input files and results tables.
Intergovernmental Agreement—Exhibit A
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No.6174
Page 3 of 5
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Exhibit A
5. Develop Capital Improvement Plan
Objective: The objective of this task is to assess the priority of identified projects
and categorize them near-term or development driven.
Task Descritp ion
Consultant shall develop recommended improvements and/or maintenance
activities to address each of the problem areas identified under Tasks 2 and 4.
The analysis will include consideration of replacement vs. rehabilitation with
respect to costs, I/I reduction, and system age or other factors. The cost
estimating methodologies developed for the District Master Plan Update will be
used to estimate costs of proposed improvements. The improvements, along with
those identified in the Hydra model run, shall be listed in a capital improvement
plan and categorized as near-term or development driven.
Each CIP project shall be presented with a project map and project description,
justification and estimated project cost.
Consultant shall develop recommendations for an ongoing assessment and I/I
reduction program including flow metering, video inspection, and smoke testing.
Consultant shall present the draft CIP and program recommendations to City staff
for review prior to producing the technical memorandum.
Deliverables
Technical Memo T3 —Five-Year Capital Improvement documenting individual
projects with descriptions,justification, and maps. Digital Mapping files shall be
provided.
6. Prepare Tigard Master Plan
Objective: The objective of this task is to compile the findings of Tigard Tasks 1-
4 documented in Technical Memoranda T-1, T-2 and T-3 as well as data compiled
from the District Master Plan into a comprehensive document that will serve as a
tool and guiding document for the City of Tigard sanitary sewer operations .
Task Description
Consultant shall compile selected District and City technical memoranda,
supplemented with background text in a master plan document. The document
shall reflect review comments on the technical memoranda, and will incorporate,
as appendices, detailed data used to develop the conclusions and
recommendations. Recommended improvement projects will be presented on a
collection system map.
Deliverables
City of Tigard 2006 Sanitary Sewer Master Plan—Consultant shall compile
findings and recommendations for future sanitary sewer conveyance system
improvements. Report shall be divided into logical sections documenting
Intergovernmental Agreement—Exhibit A
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No.6174
Page 4 of 5
Exhibit A
background, process used in developing the plan, assumptions, modeling results,
and recommendations. Appendicies shall include data and technical memo used
to develop the conclusions and recommendations in the report.
Consultant shall produce 5 paper draft copies of the Master Plan for review by the
City and District. Following City and District review, Consultant shall produce
10 final paper copies and an electronic version in pdf format.
Project Management and Quality Control
Consultant shall conduct the activities necessary to produce a quality product while
maintaining good coordination and communication with the District and City. The
project management and quality control activities include:
1) Preparing and maintaining a Project Management Plan addressing project
team organization, roles and responsibilities, schedule, budget, and QA/QC
procedures.
2) Meetings with District Project Manager on a schedule to be determined to
discuss progress and overall direction of the project at key milestones and
decision points.
3) Monitoring project progress by tracking work completed,work remaining,
budget expended, schedule, estimated cost of work remaining, and estimated
cost at completion.
4) Monitoring staff availability and making adjustments as necessary to assure
availability for the Master Plan Update project.
5) Preparing and submitting a monthly narrative report, invoice, and progress
schedule.
6) Preparing and implementing teaming and partnering plans.
7) Identifying responsibilities for review of key work products.
8) Performing quality controls reviews on all project deliverables prior to
submittal to the District and City. Reviewing documents to confirm
approach taken and material developed conforms to the needs of the project.
Checking overall quality of the document,technical accuracy and adherence
to established standards.
Project Management and Quality Control deliverables include:
1) Project management Plan
2) Meeting minutes
3) Periodic schedule updates
4) Monthly Status report with invoices
5) QA/QC Plan including teaming and partnering plans.
Intergovernmental Agreement—Exhibit A
City of Tigard and Clean Water Services
Sanitary Sewer Master Plan Project No. 6174
Page 5 of 5
V
CITY OF TIGARD r
CONTRACT SUMMARY FORM
(THIS MUSTACCOMPANYEACH CONTRACT BEFOREAUTHORIZATIONSIGNATURE CANBEACQUIRED)
Tide of Contract: Sanitary Sewer Master Plan Contract#:
Contractor. Clean Water Services Total: $151,000
Brief Overview: Flow monitoring and preparation of a sanitary sewer master plan for the City.
Changes Made To IGA prepared by CWS,approved by Gus Duenas.
Boilerplate Contract:
Type of Contract: ❑ Purchase Agreement ❑ Personal Service ❑ Construction ® Other
Start Date: 2/24/07 1 End Date: 12/31/07 LCRB Award Date: 2/13/07
Contract Manager.Agustin P. Duenas,P.E. Extension: 2470 Department: Capital Construction
Quotes/Bids/Proposals: COMPANY AMOUNT / SCORE
Department Comments: Funding has been split between FY06-07 and FY07-08.
$85,000 for FY 2006-07 and$70,000 for FY2007-08.
Department Signature Q �' -—_---- Date: ( Z7 O 7
Purchasing Comments:
Purchasing Si re: Date: C31
Administration: Date: p
Certificate of Insurance Rec ved? ❑ Yes ❑ No ❑ Self-Insured (Form- Received
Business Tax Current? ❑ Yes ❑ No Contractor License Current.? ❑ Yes ❑ No
Federal TIN/1099#: Bonds Required: ❑Yes ❑No
Accounting String. Fund Division Account Total
500 6200 751030 $151,000