Loading...
Unified Sewerage Agency - Recycled Wastewater Pipeline AGREEMENT CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY RECYCLED WASTEWATER PIPELINE THIS AGREEMENT is made and entered into by and between the City of Tigard an Oregon municipal corporation, herein "City", and the Unified Sewerage Agency of Washington County, a County Service District under ORS Chapter 451 and municipal corporation, herein "USA" or „Agency". WITNESS: WHEREAS, City and USA have agreed that there is a need to design and construct a pipeline to provide recycled wastewater to serve certain lands in the vicinity of the Cook Park Community Park for the purposes of irrigation supply and referred to as the Tualatin - Tigard Recycled Wastewater Project, herein "Project"; and WHEREAS, the alignment of the pipeline of the Project and the schematic rendition of the facilities to be contained within the Project are attached to the Agreement and marked "Exhibit A"• and WHEREAS, the governing bodies of City, USA, and others have agreed and approved the construction and funding of the Project. THEREFORE, IN CONSIDERATION of mutual promises and covenants contained herein and the authority of ORS 190.010 and 451.560, parties agree as follows: 1.0 Project Costs Project costs are all costs incurred by USA attributable to the construction of the recycled wastewater pipeline and associated facilities, including engineering, legal, survey, permits, construction management, acquisition of property interests, construction inspection, and administrative costs. 2.0 The Project The Project which is the subject of this Agreement, is shown on the attached Exhibit A which shows the various facilities that will be part of the Project. Exhibit A is intended to be a schematic rendering of the Project. After more detailed engineering studies have been completed, the Project may be changed in some respects by the mutual consent of the parties. The Project may be built to serve only the Tualatin Country Club, or may also serve Tualatin Community Park (City of Tualatin) and Cook Park (City of Tigard). 3.0 Engineering and Construction Mana(gement Services Engineering and construction management of the Project shall be the responsibility of USA. 3. 1 USA shall conduct apredesign meeting with Country Club, City, and other Project participants for the purpose of reviewing the Project concept and identifying any issues of concern re-arding Project design. City may review any design documents and attend any Project meeting, provided that any direction to the engineer shall be given by USA. i USA shall prepare the bid documents. advertise and supervise the invitation and opening of bids for construction of the Project in,accordance with the requirements of state law. If a contract is to be awarded. the lowest responsive bid from a responsible bidder shall be approved by the governing body of USA. 3.3 USA shall provide for general mana_emcnt and supervision of the Project, including any constntction contracts,and provide for periodic and final inspection of the Project. 4.0 Acquisition of Easements and Property. USA shall be responsible for preparing and acquiring necessary easements for the Project. City shall grant any easements across its property that maybe required for the Project at no charge to USA. 5.0 Cast Sharing. >.1 As outlined in the estimate of Project cost and cost sharing set forth in Exhibit B. the City shall contribute an amount estimated at $38,760.00 toward Project costs. Upon completion of design, and prior to bidding the Project, USA shall request commitments from the Tualatin Country Club, the City of Tigard, and the City of Tualatin as to whether they will participate in the Project- If the Country Club elects not to participate, the Project will not be constructed. �.3 If Countrv°Club elects to proceed and City elects not to participate, Country Club shall be responsible for subsequent Project costs, City will be responsible for its share of.Project costs through completion of design, and USA will exclude from Project the elements to serve City. 5.4 If Country Club and one or both cities elect to participate, USA's Project manager shall develop an allocation formula for construction progress payments, consistent Tigard RWW Pipeline 2 with the estimated cost allocation in Exhibit B and with any bid schedules. Such formula shall be expressed as a percent. City shall pay its percent of costs incurred through completion of design, within 30 days of notice and billin( `by USA. 5.5 USA shall make periodic payments to the construction contractor in accordance with the contract documents. USA shall bill the City for its share of the progress payments to the contractor, as determined in paragraph 5.1. City shall make the periodic payments within 30 days of receipt of USA's invoice-.Any payments not paid when due shall accrue interest at 9 percent per annum. 5.6 USA shall keep an accounting of all costs of the Project. The account of costs of Project shall be updated no less frequently than every 30 days. USA, in a timely manner, shall provide City with any information necessary for computation of cost of Project. 5.7 USA shallhave the authority, as provided in its contracting rules and procedures, to approve change orders to the construction contract, and shall have authority to approve changes required to avoid delay and deal with unexpected conditions. USA shall inform City of any such change orders that would increase Project cost. After the construction contract has been awarded, USA shall not request additions to the contract that would increase the Project cost above the estimate in Exhibit B, except upon 30 days notice to City. If, within such period City objects, USA may pay the cost of the change and negotiate further with City, or may elect not to proceed with the change. 5.8 Upon completion of the Project or upon early termination, when all costs are known, USA shall make a final accounting of Project costs. If City's share of such costs is less than the amount paid by City, USA shall refund that amount. If such costs exceed the amount paid by City, it shall remit the difference to USA within 30 days. 5.9 If additional,users are served by the Project in the future, USA agrees to use its best efforts to obtain a capital contribution to the cost of the Project, and if any such funds are obtained; to pay them to Project participants in proportion to their funding of.this Project. The parties agree that USA shall have no legal obligation to obtain such funds. 6.0 Operation and Maintenance of Facilities-, Provision of Recycled Wastewater 6.1 After completion of construction of the Project, USA shall operate and maintain all publicly owned elements of the Project, from the Durham facility up to and including the flow meter, and any additional public line extensions. City shall maintain and operate distribution lines and supporting facilities attached downstream of the flow meter and located on its property. Tigard RWW Pipeline 3 6.2 USA and City agree to negotiate in good faith to develop an agreement for provision of-treated wastewater from the USA Durharn.facility, through the Project, to City. The agreement for provision of treated,wastewater shall be the sole basis,for provision of wastewater to City. 7.0 Disputes Between City and USA In the event of dispute between City and USA as to construction of the Project or any terms or conditions under:this Agreement, the parties shall first attempt in good faith to negotiate to resolve same. In the event resolution of any dispute cannot be attained by the parties, the dispute shall be submitted to mediation within 60 days. If the dispute cannot be resolved by mediation, either party may pursue any rights.and remedies it may have through legal action. Venue shall be in Washington County, Oregon. The prevailing party shall be entitled to attorney fees at trial and on any appeal as determined by the court. Tigard RWW Pipeline 4 AGREEMENT CITY OF F-TIGARD AND UNIFIED,SEWERAGE AGENCY RECYCLED WASTEWATER PIPELINE DATED this '>�6da of 19 �- CITY OF TIGARD, OREGON UNIFIED,SEWERAGE AGENCY OF WASHINGTON COUNTY P BY Bv: ZCity Manager General Mana�-ger Approved to Form: Approved to Form: BY: By: c City Attorney *USA Counsel N:\PLANNL\'GWGREE�1Eiv'\11Gc'ITY.WPDJune 21, 1995 Tigard RWW Pipeline 5 . ,I. ' 1' U I I I I. 1 2 AC IJ l)I � r_ L WAVERL}' 2.0 z CONSTRUCTION JOE THOMAS USA 700 V) DURHAM 15.25 AC 1500 1300 1302 W 21FACILITY / CITY CHARLES Ac � CHARLES I 13.1 AC 1.97 AC OF LAMB JOHN USA v 2200 :IGARD THOMAS ^' 17.98 AC USA CITY UPPER TUALATIN O OF INTERCEPTOR I DURHAM OUSA LOWER TUALATIN 101 INTERCEPTOR 35.91 AC 100 6 INCH CITY 31.15 AC ® _ 7700 OF JOHN 20.8 20..85 AC TIGARD THOMAS [ CITY COOK. PARK [ OF [ DURHAM P I [ [ Y MOODY 200 TUALATIN COUNTRY CLUB 300 13.87 ACI JOHN CKO%; 10 INCH }+®. INCH Q 4 1800 6.3T A CITY OF _ TUAI.ATL I I I # SECTION I SCALE 1" = 500' I SW 1UALAT IN RECYCLED WASTEWATERn1fied SOUTH OF DURHAM FACILITYUf sewerage agency .EXHIBIT B Unified Sewerage Agency Recycled Wastewater Project Cost Summary Option 1 -No expansion-Smaller Pl eilne 12 In %-Project Engineering,Permits PI eline Construction Acres Easement Su rve in Section 1 Sectlon2 Section 3 Section 4 Section 5 Misc.Valves ERiver neer;Crossin�nstruction Total er Costs _Tualatin Country Club 70.2% $46,332 $9 126 $0 $34"188 Cityof TI and 24.0%" $0 $6 000 $14 040 $5 520 $73 600 $188,806 $15 840' $3 120 $15000 $0 $0 $0 $4 800 CI of Tualatin 5.8% $3 828 $754 $0 $2 812 $0 $0 $38 760 U.S.A 0.0% $5 000 $0 $1 160 $480 $6 400 $20 $0 $0 $p $p $0 $0 $p -- $0 $p w Total Cost of Element 100.0% $66,000 $13,000 15 000 IL37 000 5 000 6 000 $20000 $6000 80 000 $248000 pon stem Ex anslon-Lar er PI cline u size from 12 to 18 ,111 %-Project Engineering, Permits PI ellne Construction Acres a Easement Surveying Section 1 Section2 Section 3 Section 4 Section 5 Misc.valves River CrossingTotal Costs ` 1 nt Club 60.8% $40 154 En ineerin Construction er Entlt $13 841 $0 $49 754 $0 $6 000 $12 168 $4 614 $61,472 $188,003 i l and 420.80% $13 748 $4739 $15000 $p Cit of Tualatin $0 $0 $4166 $0 $0 $37653 $3300 $1 138 $0 $4092 $5 $p U-S.A• $8 798 3 033 $1 000 $378056 $19,964 $0 $10904 $0 $0 $2666 $1 008 Total Cost of Element $66000 _$22,750 $15,000_ $64,750 Ss 000 $6,000 20 000 $6 000 $80 000 $285 F ' 'USA contribution is based on the added cost for Increasing pipe size from 12 to 18 inch. i 11/07/94 1 CATCC2.WK4 Project Percentage Summary Tables Project Project Acreage Pipeline Construction Acreage Percentage Percent of'Project o tlon 1 River Cross In Section 1 Section2 Section 3 Section 4 Section 5 Misc.Valves En ineeri Construction Tualatin Count Club 73 70.2% 70.2% 0.0% 92.4% 0.0% 100.0% 70.2%° 9L.0'/o 92.0% Cit of Tl` and . 25 24.0% 24.0% 100.0'/° 0.0% 0.0% 0.0% ° ° Cit of Tualatin 6 5.8%. 0.o% ° ° ° 24.0/° 0.0/° 0.0% .5:8% 7.6/o .100.0/° 0.0/° .5.8% 8.0% U.S.A° 0 0 0.0%° 0.0% 0.0% 0.0%° 0.0% Total-Cost of Element, 104 100.0% 100.0% 100.0% 100.0% 100:0% ° ° 100.0/° 100.0% 100.0% Project Project a Acrea g PI` eline.,t:onstructlon River Crossin Acreage Percentage Percent of Pro ect option 1 Section 1 Section2 Section 3. Section 4,, .Section 5 Misc.Valves En ineeri Construction Tualatin Count Club 73 .60;8% 60.8'/0 0.0% 76.8%' 0:0%, 100.0%. 60.8% 76.8%° 76.8'/° Cit of Tigard 25 20.8% 20.8% 100:q% 1 0.0% ° Cit of Tualatin g 0. !°0 0.0% 20.8% 0.0% 0.0% 5.0% 5.0% 0.0% 6.3% 100.0% 0.0% 5.0% 6.3% ° ° 6.3% .S.A 16 13.3/° 13.3% 1 0:0% 16.8% 0.0% 0.0% 13.3% 16.8% 16.8% Total Cost of Element 1207-F- 100.0% 100.0% 100.0% 100.0% 100.0% 100:0% 100.0% r - 1 11/07194 2 CATCC2.V1i: Unified Sewerage Agrncy-Recycled Wastewater Project -- Tualatin Country Club-City of Tigard-City of Tualalin 3,1994 Otr 4,1994 Qtr 1,1995 Qtr 2,1995 Qtr 3,1995 Otr 4,1995 Otr 1,1996 Otr 2_1996 Qtr 3,1996 Qtr 4, 1 ID Task Name _ Duration Aub Se Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Se Oct Nov Dec Jan Feb Mar A r Ma Jun Jul AugSe Oct P7 1 CONTRACTS 235d 2 Contracts-Negotiations - — 45w 3 Design Contracts Meeting Od 7/16 4 ENGINEERING CONTRACT^ 50d 5 RFP for Engineer Services 2w 6 Review proposals 2w 7 USA Board Approval 4w j B Hire consulting Engineer 2w 9 DESIGN 155d 10 Surveying 60d Womb11 Project Predesign2w r 12 Predesign Meeting Od \, 13 Submit permits 16w 12/17 14 90%design review 3w 15 Final Desiyn Review — 1w 16 CONSTRUCTION 145d 17 Advertise Bids 3w i --- - -- 18 Award Contract 45d 19 Construction 14.2w 20 Startup ----2w 21 ContractCornplelion Date Od 9/15 - Project:USA-Recycle i Wastewater Task \, \, '� \\ Milestone ® Date:Thu 6/22/95 Rolled Up'task Rolled Up Progress Progress Summary Rolled Up Milestone O EAWINPROJIPSDHTCC.MPP Thu 6/22/95 Page 1 —