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Agenda Packet - 2017-12-05 (02)
O CO 0) C O iii 4 l 01 (1) U) ID L 1 0 * W _ _ 1 y •- E ‘, -- U U ea 1 - O C U J a) O cl o 'set ' o 4 H Ow '-� 1 IP airrigamenrfAi `o o AprwingftiL itilrp._ N r of Ty::.....,,_.� izahn a a 0 U fir• r, fr ,r :,.e. 4p 1 CONSENT AGENDA MI ■ The consent agenda allows the Council to consider items that require no discussion. ■ An item may only be discussed if it is pulled from the consent agenda. ■ The Council makes one motion covering all items included in the consent agenda. 5.1 Approval of Meeting Minutes 5.1.1 October 3, 2017, Meeting Minutes Motion: Move to approve minutes as written. 5.2 Resolution 17-62, A Resolution of the City Council of the City of Lake Oswego Adjusting the Compensation for Charter Officers Motion: Move to adopt Resolution 17-62. 5.3 Iron Mountain Park Engineering and Construction Documents Contract Award Motion: Move to authorize the City Manager to sign a contract for Iron Mountain Park — engineering and construction documents to ESA Associates in an amount not to exceed $384,180.00. AGENDA I'1" CITY COUNCIL MEETING v o) ** Agenda Revised on 12/1/17 to move item 5.4 from December 5, 2017 consent to Council Business as 8.4 6:30 _ p.m. Council Chambers, City Hall Contact: Anne-Marie Simpson, City Recorder Email: asimpson@lakeoswego.city Phone: 503-534-4225 Also published on the internet at: www.lakeoswego.city. The meeting location is accessible to persons with disabilities.To request accommodations, please contact the City Manager's Office at 503-534-4225 48 hours before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PRESENTATION 4.1 Lake Oswego Reads 2018 5. CONSENT AGENDA—Full Council Approval • The consent agenda allows the City Council to consider items that require no discussion. • An item may only be discussed if it is pulled from the consent agenda. • The City Council makes one motion covering all items included in the consent agenda. Motion: Move to adopt the consent agenda. 5.1 Approval of Meeting Minutes 5.1.1 October 3, 2017, Regular Meeting Minutes Motion: Move to approve minutes as written. 5.2 Resolution 17-62,A Resolution of the City Council of the City of Lake Oswego Adjusting the Compensation for Charter Officers Motion: Move to adopt Resolution 17-62. 5.3 Iron Mountain Park Engineering and Construction Documents Contract Award 503.635.0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 Motion: Move to authorize the City Manager to sign a contract for Iron Mountain Park—engineering and construction documents to ESA Associates in an amount not to exceed$384,180.00. 5.4 Resolution 17-69, A Resolution of the Lake Oswego City Council Authorizing Leasing Land at Cooks Butte Park to the Clackamas 800 Radio Group for a Public Safety Emergency Communications Radio Tower Moved to Council Business as 8.4 Motion: Move to adopt Resolution 17-69. 6. ITEMS REMOVED FROM THE CONSENT AGENDA 7. CITIZEN COMMENT(15 minutes) The purpose of citizen comment is to allow citizens to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. 7.1 Prior Citizen Comment Follow-Up 8. COUNCIL BUSINESS 8.1 Resolution 17-67,A Resolution of the Lake Oswego City Council Adopting an Operations Manual Relating to an Intergovernmental Agreement Between Lake Oswego and Tigard for Water Supply Facilities, Design, Construction, and Operation Motion: Move to adopt Resolution 17-67. 8.2 Maintenance Center Budget Modification and Contract Amendment Motion: Move to direct staff to modify the project budget from$13,632,000 to$14,532,000 and to authorize the City Manager to amend the existing contract with P&C Construction by increasing the Guaranteed Maximum Price for construction from$10,631,287 to $11,869,681 for the new Maintenance Center at 17601 Pilkington Road. 8.3 Resolution 17-65,A Resolution of the City Council of the City of Lake Oswego Amending Resolutions 17-08 and 17-37 Regarding Transportation System Development Charge Rates Motion: Move to adopt Resolution 17-65. 8.4 Resolution 17-69,A Resolution of the Lake Oswego City Council Authorizing Leasing Land at Cooks Butte Park to the Clackamas 800 Radio Group for a Public Safety Emergency Communications Radio Tower Motion: Move to adopt Resolution 17-69. 9. PUBLIC HEARING 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 9.1 Ordinance 2757, An Ordinance of the Lake Oswego City Council Amending the Zoning Map to Change the Zone Designation for Northerly Portion of the Property at 1770 Ridgecrest(21E09BA00300); from R-10 to R-15, and Adopting Findings (LU 17-0024) Ordinance 2767, An Ordinance of the Lake Oswego City Council Amending the Zoning and Comprehensive Plan Maps to Change the Zone, Comprehensive Plan and Overlay District Designations for the Tax Lot Located at the Southern Portion of 1774 Ridgecrest (21E09BA00400); from R-15 to R-10, and Adopting Findings (LU 17-0024) Motion: Move to approve LU 17-0024 and enact Ordinances 2757 and 2767, including findings and conclusions. Alternatively, if the Council makes changes to the proposal or has additional findings: Motion: Move to tentatively approve LU 17-0024, and direct staff to return with proposed findings and conclusions, together with final versions of Ordinances 2757 and 2767,for adoption on January 2, 2018. City Council Review is limited to the evidence in the record before the Planning Commission. No new evidence may be presented at the hearing and no person may testify unless that person appeared orally or in writing before the Planning Commission. No issue may be raised that was not raised before the Planning Commission with sufficient specificity to allow the Commission and the parties to respond. Public Hearing Process: 1. Review of hearing procedure by David Powell, City Attorney 2. Staff Report by Paul Espe,Associate Planner 3. Testimony:the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, homeowner associations,government agencies, or other incorporated public interest organizations; 5 minutes per individual 4. Questions of Staff 9.2 Road Legalization Proceedings Under ORS 223.935 for portions of Boones Ferry Road and Lanewood Street at 16480 Boones Ferry Road (US Bank), 16444 Boones Ferry Road (Round Table Pizza), 16463 Boones Ferry Road (Olson Memorial Clinic), and 15630 Boones Ferry Road (Commercial Center at Boones Ferry and Lanewood). Motion: Move to tentatively approve legalization of the areas described in Exhibits 1 through 4 of the Engineer's Report, and direct staff to prepare findings, conclusions and orders legalizing each area,for adoption on December 19, 2017. Public Hearing Process: 1. Review of hearing procedure by David Powell, City Attorney 2. Staff Report by David Powell 3. Testimony:the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 homeowner associations, government agencies, or other incorporated public interest organizations; 5 minutes per individual 4. Questions of Staff 9.3 Ordinance 2760, An Ordinance of the City of Lake Oswego Amending LOC 50.06.003.4.c.vi; of Chapter 50 (Community Development Code)to Add an Exception to the Street Connectivity Standard; and Adopting Findings (LU 17-0053) Motion: Move to approve LU 17-0053 and enact Ordinance 2760. 1. Review of hearing procedure by David Powell, City Attorney 2. Staff Report by Debra Andreades, Senior Planner 3. Testimony: the following time limits shall be observed, but may be changed by the Council: 10 minutes for representatives of recognized neighborhood associations, homeowner associations, government agencies, or other incorporated public interest organizations; 5 minutes per individual 4. Questions of Staff 9.4 Resolution 17-59,A Resolution of the City Council of the City of Lake Oswego Revising Fees and Charges and Updating the Lake Oswego Master Fees and Charges Schedule Motion: Move to adopt Resolution 17-59. Public Hearing Process: 1. Review of hearing procedure by David Powell, City Attorney 2. Staff Report by Shawn Cross, Finance Director 3. Testimony:A time limit of three minutes per person for testimony shall be observed. 4. Questions of Staff 9.5 Resolution 17-60,A Resolution of the City Council of the City of Lake Oswego Adjusting the Budget for the Fiscal Year Commencing July 1, 2017 by Adopting a Supplemental Budget, Approving Resources/Requirements, and Making Appropriations Motion: Move to adopt Resolution 17-60. Public Hearing Process: 1. Review of hearing procedure by David Powell, City Attorney 2. Staff Report by Shawn Cross, Finance Director 3. Testimony:the following time limits shall be observed, but may be changed by the Council: 5 minutes for representatives of recognized neighborhood associations, homeowner associations, government agencies, or other incorporated public interest organizations; 3 minutes per individual 4. Questions of Staff 10. STUDY SESSIONS 10.1 City Involvement in Swimming Pool Funding and Operation 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 5 10.2 Possible Merger of Planning Commission and Development Review Commission 11. INFORMATION FROM COUNCIL 12. REPORTS OF OFFICERS 13. ADJOURNMENT 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city r � Zone Lake Oswego READS Good Morning, Midnight L J i 0 0 \----- 4. O rw• yy 1 E • U N ; oii 0 CJ •%.' Ck C6 D "7- u, J o o t 0. m s 3 5.1 AA. E 4s� COUNCIL REPORT v ❑ flREGo7.' TO: Kent Studebaker, Mayor Members of the City Council FROM: Anne-Marie Simpson, City Recorder City Manager's Office SUBJECT: Approval of Meeting Minutes DATE: November 29, 2017 MEETING DATE: December 5, 2017 SUGGESTED MOTION Move to approve minutes as written. ATTACHMENTS 1. October 3, 2017, Draft Regular Meeting Minutes 503.635-0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 OVA CITY COUNCIL REGULAR MEETING MINUTES O October 3, 2017 0"111111111179REG 1. CALL TO ORDER Mayor Studebaker called the regular City Council meeting to order at 6:33 p.m. on October 3, 2017, in the City Council Chambers, 380 A Avenue. 2. ROLL CALL Present: Mayor Studebaker and Councilors Gudman, LaMotte, Kohlhoff, Buck, O'Neill, and Manz Staff Present: Scott Lazenby, City Manager; David Powell, City Attorney; Anne-Marie Simpson, City Recorder; Crystal Shum, Project Manager, Boones Ferry Road Project; Erica Rooney, City Engineer; Tom Workman, Chief Surveyor; Scot Siegel, Planning and Building Services Director; Stacy Bluhm, Project Engineer, Boones Ferry Road Project Others Present: Morgan Holen, Contract Arborist 3. PLEDGE OF ALLEGIANCE Mayor Studebaker led the Council in the Pledge of Allegiance. 4. PROCLAMATIONS 4.1 Meals on Wheels Proclamation Mayor Studebaker proclaimed the month of October "Meals on Wheels" month. 4.2 Brian Doyle Day Proclamation Mayor Studebaker proclaimed November 6, 2017, to be "Brian Doyle Day" in Lake Oswego. He highlighted Mr. Doyle's achievements as an author and valued community member, as described City Council Regular Meeting Minutes Page 1 of 11 October 3, 2017 in the Proclamation. Citizens were invited to join Council members at a celebration to be held at the Public Library on November 6. 5. CONSENT AGENDA 5.1 Approval of Meeting Minutes 5.1.1 September 5, 2017, Regular Meeting Motion: Move to approve minutes as written. Report and Attachment 5.2 Resolution 17-54, A Resolution of the Lake Oswego City Council Initiating Road Legalization Proceedings Under ORS 223.935 for Portions of Boones Ferry Road Motion: Move to adopt Resolution 17-54. Report and Attachment 5.3 Ordinance 2756, An Ordinance Annexing to the City of Lake Oswego One Parcel Consisting of 0.37 Acres at 18000 Pilkington Road; Declaring City of Lake Oswego Zoning Pursuant to LOC 50.01.004.5(a-c); and Removing the Territory from Certain Districts (AN 17-0008) Motion: Move to enact Ordinance 2756. Report and Exhibit END CONSENT AGENDA Councilor Manz moved to adopt the Consent Agenda. Councilor LaMotte seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Gudman, LaMotte, Kohlhoff, Buck, O'Neill, and Manz voting 'aye'. (7-0) 6. ITEMS REMOVED FROM THE CONSENT AGENDA No items were removed from the Consent Agenda. 7. CITIZEN COMMENT Mayor Studebaker reported that no eComments had been received for this meeting. No Citizen Comment was offered. 7.1 Prior Citizen Comment Follow-Up City Council Regular Meeting Minutes Page 2 of 11 October 3, 2017 No follow-up on prior Citizen Comment was presented. 8. COUNCIL BUSINESS 8.1 Resolution 17-55, A Resolution of the City Council of the City of Lake Oswego Creating a Local Street Reconstruction Program Report and Attachment Mr. Lazenby provided background that had led to proposal of the Local Street Reconstruction Program, outlined in the Council Report. Seeking to make the Local Improvement District (LID) a more usable tool for property owners, this program will require no change to existing code. However, it reduces the burden for property owners wishing to form a LID by having the City take a more active role in the LID process once it has been initiated. Another key benefit to property owners would be the City's match of the LID funding, dollar for dollar, from the Street Fund. Owners would, however, still have ample opportunity to opt out of the LID, as discussed in the Council Report. An important reason for the proposal, he noted, was that the Street Fund was sufficient for preventive maintenance only on reconstruction of some arterials and collectors; the funds would not allow for major reconstruction on local streets. This program would offer an opportunity for property owners to move their local street project to a higher priority on the Street Fund list. He indicated that this is proposed as a pilot program and explained how Staff would analyze and promote it to eligible property owners. Concluding, he emphasized that the program was limited to street reconstruction only; it should be noted that owners in older neighborhoods might identify additional issues they would want to address. In response to questions from Mayor Studebaker, Mr. Lazenby clarified that the program was available only for reconstruction, as opposed to preventive maintenance, of local streets. Additional improvements such as pathways might be included in a project, but they would be the financial responsibility of the LID; matching funds from the City would not be available for those improvements. He addressed additional questions from Councilors about the program, including (1) the minimum number of property owners required to participate in a project; (2) situations where there is a combination of City and County residents on a street; (3) potential for annexing a road under the County's jurisdiction if the property owners wished to form such a LID; and (4) plans for financing the program. Councilor LaMotte suggested that in Council's upcoming discussion of comprehensive annexation, consideration should be given to requiring annexation in order to qualify for a LID. Councilor Gudman observed that any coordination with the County should not be contemplated if it required outlay of County funds; as any road within Lake Oswego's urban services area would ultimately become the City's responsibility, the County had absolutely no incentive to participate. Councilor Manz noted that she would support the Resolution on a trial basis, but that Council should be prepared to consider the issue of equity as the program moves forward. Councilor Gudman moved to adopt Resolution 17-55. Councilor LaMotte seconded the motion. City Council Regular Meeting Minutes Page 3 of 11 October 3, 2017 A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Gudman, LaMotte, Kohlhoff, Buck, O'Neill, and Manz voting 'aye'. (7-0) 8.2 Resolution 17-56, A Resolution of the City Council of the City of Lake Oswego Exercising the Power of Eminent Domain with Relation to Property at 4225 Oakridge Road Report and Attachment Mr. Lazenby provided background and updated the Council on negotiations for purchase of the parcel at 4225 Oakridge Road, as detailed in the Council Report. The City has identified it as a good location for public parking in Lake Grove. It also would be well suited as a staging area for the Boones Ferry Road construction project. He emphasized that the City does not intend to exercise eminent domain, and would only do so if necessary. He expressed optimism that a satisfactory purchase and sale agreement could be negotiated with the property owners. The eminent domain option would be implemented only with specific Council approval, he advised. Councilor Buck announced that he would recuse himself from voting on the issue because of a potential conflict of interest related to his and his family's ownership of businesses and properties in close proximity to the parcel. Mayor Studebaker moved to adopt Resolution 17-56. Councilor Gudman seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Gudman, LaMotte, Kohlhoff, O'Neill, and Manz voting 'aye'. Councilor Buck was recused. (6-0) 9. PUBLIC HEARINGS 9.1 Ordinance 2758, A Special Ordinance of the City Council of the City of Lake Oswego Vacating Portions of Right-of-Way on Boones Ferry Road, Kruse Way, and Kruse Way Place Report and Attachment Following Mayor Studebaker's review of the Ordinance title, Mr. Powell outlined the hearing procedure as outlined in the agenda. He asked if any City Council member wished to make any declaration with relation to conflicts of interest as it applies to this application. No such declarations were made. Ms. Rooney introduced Mr. Workman, noting that he would be making future presentations to Council regarding street vacations. She highlighted the background and process leading to the street vacations proposed in Ordinance 2758, as described in the Council Report. No objections or comments had been received in response to the public notice, she reported. Displaying a slide, she discussed the three areas designated for vacation (Council Report, Attachment 1, Exhibits). Enactment of the Ordinance would result in clean lines of right-of-way dedication and easements City Council Regular Meeting Minutes Page 4 of 11 October 3, 2017 that align with current City infrastructure. Council was reminded that the vacations would have no fiscal impact to the City; they are desired by both the City and the property owners; and the result would be cleaner lines and ownership. Staff requested that Council enact Ordinance 2758, she concluded. Mayor Studebaker asked if anyone wished to testify regarding the Ordinance. No requests being heard, he closed the hearing. Councilor Manz moved to enact Ordinance 2758 to vacate portions of Boones Ferry Road, Kruse Way, and Kruse Way Place. Councilor Gudman seconded the motion. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Gudman, LaMotte, Kohlhoff, Buck, O'Neill, and Manz voting 'aye'. (7-0) 9.2 Ordinance 2753, An Ordinance of the City of Lake Oswego Amending Sections LOC 50.04.002, 50.05.007, and 50.07.003.13 of the Community Development Code for the Purpose of Implementing the Boones Ferry Road Project (LU 17-0028). Report and Exhibits Mayor Studebaker introduced the public hearing on Ordinance 2753. Councilor Buck recused himself from the discussion and vote because of his ownership of properties and businesses on Boones Ferry Road. Mr. Powell read the Ordinance title. Noting that this was a legislative decision before the Council, he outlined related compliance requirements. He reviewed the hearing process, including time limits for testimony, as shown in the agenda. Next he asked if any City Councilor other than Councilor Buck wished to make a declaration with relation to conflict of interest; none was heard. Finally, he asked if any member of the audience wished to challenge any City Council member's right to hear the application; no challenges were heard. Staff Report Mr. Siegel noted that he would present the report in the absence of Senior Planner Johanna Hastay, who was in charge of this project. Before making the presentation he disclosed that he had previously operated a business on Boones Ferry Road in the project area and that his wife currently operates a business within the area at 16063 Boones Ferry Road. He reviewed the steps he had taken to ensure that his participation would comply with regulatory requirements for staff and explained that he would present a summary of the proposal. Any questions about the properties in question, however, would be directed to Ms. Shum. He noted that Ms. Bluhm was also available to respond to questions, as was the City's contract arborist, Ms. Holen. Mr. Siegel stated that the Ordinance was proposed to implement the 2017 City Council Goal to take steps to minimize impacts of the Boones Ferry Road Project on businesses and residents. The project entails three coordinated processes, each with a distinct purpose: design, right-of- way acquisition, and the land use planning process for implementing the Boones Ferry Road improvements. This third process was the subject of the proposal now before Council. Displaying a related slide, he highlighted key elements of the Boones Ferry Road planning process, beginning in 1999 and leading to the proposed Ordinance 2753. Identified among the many City Council Regular Meeting Minutes Page 5 of 11 October 3, 2017 complexities of the process was the determination that regulatory relief should be found for commercial property owners who would be directly impacted by the road improvements. He also reviewed the more recent efforts of Staff with the Boones Ferry Road Project Advisory Committee (PAC), concluding in the Planning Commission recommendation that the Code amendments be approved by Council. Next he discussed the four distinct amendments being proposed, to: (1) Special Street Setback (Council Report, Exhibit A, Attachment B, p 1), which he considered a maintenance or "housekeeping" update to the Code; (2) Ministerial Permit Classification (Attachment B, p 5), to provide certainty to property owners in choosing whether or not to replace parking lost through the road improvements, including a streamlined review process if they chose to do so; (3) Replacement Parking Code Waivers (Attachment B, p 2-3 and Attachment C,), providing the site plans and the Code exceptions, or waivers, that are part of the Ordinance; he noted that an additional recommendation from Staff would be to revise labeling of"Tree Removal Required" to "Tree Removal May be Necessary", should Council approve the Ordinance; and (4) Lake Grove Village Center (LGVC) parking and landscape exceptions (Attachment B, p 3-4 and Attachments D.1 and D.2), recognizing the permanent impacts of lost on-site parking by removing the time limit for making improvements under this portion of the Code; a related concern of the PAC was addressed by capping the allowable reduction in landscaping area at 5%. Key issues raised at the Planning Commission were twofold, Mr. Siegel reported: (1)Testimony had been heard that Attachment D only identified properties that were directly losing parking through the right-of-way acquisition; parking also could be displaced through secondary impacts, such as the potential relocation of a propane tank on the Chevron property. (2) In accordance with the original intent of the LGVC Plan, there was concern with finding the right balance of private property impacts of the road and maintaining the treed character of the district. In response to questions from Councilor LaMotte, Mr. Siegel confirmed that property owners could choose whether or not they wished to replace parking spaces lost as a result of the road project; if they opted not to do so and then did not meet the parking standard, they would be able to maintain that non-conforming status, he explained; if choosing to replace lost parking, property owners would bear the financial responsibility for carrying out the plans. However, he noted, if an owner offered a better solution than the one proposed by the project team and it was found to be substantially in compliance with the plans that may be approved as part of the Ordinance, adjustments could be made to carry out that solution. Mr. Siegel concluded with recommended text edits for the final version of the Ordinance, to (1) Attachment C, where the labeling "Tree Removal Required" would be replaced with "Tree Removal May be Necessary"; and to (2) the table that appears as Attachment D.1, which would reflect updated area calculations on two properties. Additionally, Staff had determined that language in the draft code (Attachment B, p 2 of 5) would be clearer and more inclusive of the types of right-of-way acquisition being done with an edit: "(4) For lots that are the subject of right- of-way purchase and/or condemnation by the City after [effective date of ordinance], for the purpose of improvements to Boones Ferry Road the words "purchase and/or condemnation" would be replaced with "acquisition". Similarly, an edit was recommended to Attachment B, p 4 of 5 under "Exception", where the words "purchased or condemned" would be replaced with "acquired". Mr. Powell added that a third occurrence could be found on Page 3 of Attachment B City Council Regular Meeting Minutes Page 6 of 11 October 3, 2017 under "c. Parking". Where it showed "For the portion of property purchased or condemned..." Staff would replace"purchased or condemned"with "acquired", in the final ordinance, if approved by Council. Ms. Bluhm explained that when presenting offers of compensation and property appraisals to owners, the team also had provided an engineer's estimate of the cost for constructing the parking replacement plan. The compensation may or may not be used for that purpose, at the owner's discretion. The site where Naomi's Lampshades is located is the only exception; she noted. As the smaller building occupied by Casa del Polio must be removed, this parking restoration will be done as part of the Boones Ferry project work and compensation will not be provided to that property owner. Testimony Dienne Irwin, 4343 Sunset Drive, expressed concern about the large number of tree removals called for under the proposed amendments, including some for significant native trees. She pointed out conflicts with the LGVC Plan and with existing code that recognizes the importance of the area's wooded character. Replacement of the large older trees with smaller species would not provide the benefits of the existing tree canopy. She challenged the apparent philosophy that trees must come down, rather than doing everything possible to save them. While recognizing the need for parking solutions, she urged Council not to change the code, but to be creative and save trees. Michael Robinson, 1120 NW Couch Street, Portland 97209, spoke on behalf of Cain Petroleum, owner of the Chevron station on Boones Ferry Road in the project area. After reviewing background of the initial determination that parking spaces would be lost because of the need to relocate a propane tank on the property, it now appeared that this would not be the case. The Planning Commission had earlier recommended that language be added to Attachment D.1 to allow the owner the advantages of parking replacement if spaces were lost indirectly because of the tank. Since it now appeared that the relocation was not needed, this language had been removed from Attachment D.1. He requested that the language recommended by the Planning Commission be restored to Attachment D.1 as protection for the property owner in the event there is a change that requires the propane tank to be moved, with consequent loss of parking. In responding to Mayor Studebaker's follow-up questions, Mr. Siegel advised that the table in Attachment D.1 would be coming back to Council with revisions discussed earlier, with the final ordinance. If Council were to support the amendment requested by Mr. Robinson, Staff would add the annotation of two parking spaces potentially lost, with the footnote as recommended by the Planning Commission. Carolyn Krebs, 16925 Denney Court, and Mike Buck, 3155 Edgemont Road, introduced themselves as co-chairs of the Boones Ferry Road PAC. Mr. Buck emphasized their commitment to transparency about the meaning of the amendment relating to non-compliance; they recognized the need to help make commercial properties whole in light of the roadway improvements. They had worked with Staff to achieve a balance of trade-offs, but now they wanted Council to hear their concern regarding tree groves as a part of the area's identity. City Council Regular Meeting Minutes Page 7 of 11 October 3, 2017 Specifically, they were troubled by the tree removal recommendation by Ms. Holen in the parking mitigation plan for the Jenike property (Attachment C, p 11 of 16). A second arborist's report,just received on October 3, provided conflicting information about the health of the trees recommended for removal in the initial report; it included the suggestion that some might be retained. In light of this new information, the co-chairs asked Council to take it into consideration both of the arborists' reports, allowing flexibility to engineer a revised plan that would accommodate the needed parking but optimize tree retention and mitigation. Mr. Buck noted that this request was applicable only to the Teka (Jenike) property. Ms. Krebs noted that their request was for more consideration for tree preservation on this site, if possible, while still mitigating the parking loss. She emphasized the need for a careful balance of tree loss with parking mitigation, reiterating that both arborists' reports should be considered by Council. Council members posed various questions about the Jenike property, including other approaches to vehicle access to the property and the replacement parking plan. In ensuing discussion to clarify their request, Ms. Krebs asked that consideration be given to retaining the trees as part of the engineering decision, if it can be done safely, as suggested by the second arborist's report. She advocated a larger discussion involving the property owner, the PAC, and Staff to preserve the interests of all parties,which could produce a better outcome than removing all of the indicated trees. Mr. Powell discussed the intent of the code amendments as presented by Staff. He noted that Mr. Siegel's proposal to modify the "Tree Removal Required" labeling in Attachment C was to clarify that removal of a tree was not a condition of getting the code exception. Rather, the intent was to put everyone on notice that a tree removal might happen. After further questions of Planning staff, he observed that if the property owner decided to implement the proposed parking replacement plan, the tree-cutting permit process would be followed. He reiterated that nothing in the code amendments would require those trees to be removed. Ms. Krebs proposed a change to text of the sixth bullet of Attachment C, p 11 of 16, which would be acceptable to her and Mr. Buck: removal of the specific reference to the first arborist's report so as to allow flexibility. This would entail deletion of the last two sentences of the bullet text. In further discussion Mr. Lazenby indicated that Staff's intent was to retain as many trees as possible. Mr. Powell noted that the findings could include clarification that approval of these particular site plans did not mandate removal of trees, among other points. Councilor Kohlhoff asked about the possibility of removing the Jenike property from the attachments related to code waivers under the amendments. Mr. Powell indicated that this was possible. However, he clarified that the code changes provide a credit against other code requirements for owners who undertook the parking mitigation project. These code changes are not required for them to mitigate; the code changes are necessary for them to receive a credit because they had to mitigate, he stated. Councilor LaMotte requested background on the driveway access to the Jenike property. Ms. Bluhm indicated that the driveway would now be an approach to a signalized intersection; she outlined related design considerations. After further responses from Ms. Bluhm and Ms. Shum regarding the property owner's intent to mitigate lost parking and Staffs desire not to prescribe removal of trees, Councilor LaMotte indicated that he supported the recommended changes, City Council Regular Meeting Minutes Page 8 of 11 October 3, 2017 including (1) the co-chairs' suggestion to delete the specific reference to the arborist's report in Attachment C, p 11 of 16, and (2) the restoration of provisions related to the Chevron station, discussed earlier. Councilor Kohlhoff asked about any possibility for an alignment that would be better for the trees on the Jenike property and an adjacent property. Ms. Bluhm discussed several constraints related to the street improvements and the proposed driveway alignment. The only way tree removals in the driveway alignment could be avoided would be if no parking mitigation was done, she noted; this did not seem to reflect the direction Staff had received for the project. Councilor Kohlhoff asked questions about the location of the new signalized intersection, and Ms. Shum and Ms. Bluhm provided background. Councilor Kohlhoff asked about any alternate location for the intersection if Staff were now to be told that tree considerations mattered more. Ms. Shum advised that if the currently-designated location was not to be used, the City would not be installing an intersection at all. Additional questions from Councilor LaMotte about the parking replacement plan for the Jenike property were addressed by Ms.Shum and Ms. Blum. Mayor Studebaker asked if there was any additional testimony on the matter. No requests were heard, and he closed the public hearing. Mayor Studebaker moved to approve LU 17-0028, adding the annotation with regard to the propane tank and parking spaces on the Chevron property that Mr. Robinson suggested, and changing the "Tree Removal Required" phrase on Attachment C to "Tree Removal May be Necessary." Councilor Gudman seconded the motion. Discussion followed, with Councilor Kohlhoff concurring with Ms. Irwin's testimony and with the PAC about the significance of trees to Lake Grove. While recognizing the purpose of the proposed amendments, she expressed her objection to the apparent priority given to parking issues over tree preservation. She recommended to her Council colleagues that the addition of public parking sites was more appropriate, as discussed earlier (Agenda Item 8.2). Noting her concerns about protections that will likely not be provided by the Type II Tree Permit process, she stated that this was a prime example of the need for considering trees in terms of the development code. It was essential to balancing the trees and development, and she did not find this balance in the amendments package. Therefore, she was inclined to vote "no" on the motion. Mr. Powell identified several additional points that had been discussed earlier, asking Mayor Studebaker if these were intended to be included in the motion. In subsequent discussion, Mayor Studebaker confirmed that these were to be included: (1)The draft Code language (Exhibit A, Attachment B to the Ordinance) would be edited to make it clear that acquisitions other than by condemnation or purchase also applied, as recommended by Mr. Siegel. (2) The table in Attachment D.1 would be updated to include the adjusted area calculations, also as recommended by Mr. Siegel. (3) Bullet No. 6, Attachment C, p 11 of 16, would be modified to state that tree removal 'may be necessary' rather than should be removed.' After acknowledging that all of the changes would need to be made and brought back to Council, Mayor Studebaker stated that his motion would instead be to tentatively approve this City Council Regular Meeting Minutes Page 9 of 11 October 3, 2017 application as adjusted and direct Staff to bring it back with findings, conclusions, and an amended ordinance implementing these changes on November 7th. Councilor Gudman indicated that he seconded the motion as revised. A voice vote was held, and the motion passed, with Mayor Studebaker and Councilors Gudman, LaMotte, O'Neill, and Manz voting `aye'. Councilor Kohlhoff voted 'no'. Councilor Buck was recused. (5-1) Mr. Powell affirmed that this was a tentative decision of the City Council made final upon adoption of findings and a final ordinance on November 71h at 6:30 p.m. 10. INFORMATION FROM COUNCIL Councilor LaMotte reported that, in response to recent complaints about unsecured excavation sites in the city, staff members had identified a City ordinance that required open excavation areas to be fenced. He discussed the opportunity for staff and others to identify non-compliant sites in the community and the process for resolving complaints. Councilor Manz reported on her attendance at the League of Oregon Cities conference, which she had found informative. 10.1 Proposed Clackamas County Coordinating Committee (C4) By-Laws Changes Proposed By-Laws Changes Councilor Gudman advised the Council that the Clackamas County Coordinating Committee would be voting on adoption of proposed changes to their bylaws on October 5. The Committee had asked that member cities endorse the proposal (Proposed By-Laws Changes). As indicated by Council consensus, he confirmed that he would convey the support of the Lake Oswego City Council. Councilor Gudman also noted that he and other Council members would be volunteering with Meals on Wheels during October. He provided an update from the September 29 PERS board meeting, reporting that rates for the period 2019-2021 would likely be increasing five percentage points, having a significant impact. It was anticipated that the rates would remain high for the next 20 years. Finally, he reported that he had sent a letter to the mayors of West Linn, Tualatin, and Lake Oswego recommending support for the three-party intergovernmental agreement for Stafford. 11. REPORTS OF OFFICERS No reports were made. 12. EXECUTIVE SESSION: Under authority of ORS 192.660 (2)(e) to conduct deliberations with persons designated to negotiate real property transactions and (2)(f) to consider records that are exempt by law from public inspection. City Council Regular Meeting Minutes Page 10 of 11 October 3, 2017 Mr. Powell reviewed the statutory basis for entering executive session and outlined the parameters. The City Council met in executive session beginning at 8:54 p.m. and ending at 9:06 p.m. The Council reconvened in open session at 9:06 p.m. 13. ADJOURNMENT Mayor Studebaker adjourned the meeting at 9:08 p.m. Respectfully submitted, Anne-Marie Simpson, City Recorder APPROVED BY THE CITY COUNCIL: ON Kent Studebaker, Mayor City Council Regular Meeting Minutes Page 11 of 11 October 3, 2017 5.2 E 4� COUNCIL REPORT I0 r °REGot-‘ TO: Kent Studebaker, Mayor Members of the City Council CC: Scott Lazenby, City Manager David Powell, City Attorney Judge Bruce Shepley, Municipal Court Judge FROM: Megan Phelan, Assistant City Manager/ HR Director SUBJECT: Charter Officer Compensation Adjustment DATE: December 5, 2017 ACTION Adopt Resolution 17-62, adjusting the compensation for the Charter Officer positions of City Attorney and Municipal Court Judge. SUGGESTED MOTION Move to adopt Resolution 17-62. BACKGROUND The City of Lake Oswego has three Charter Officers: City Manager, City Attorney, and Municipal Judge, whose salaries are reviewed and set annually each December. DISCUSSION In general, recommendations on employee compensation are based on three main factors: market data, internal equity and employee performance. It is up to Council to review and weigh these three factors when determining the appropriate compensation package for each of the Charter Officers. City Manager Lazenby has a wage scale and reached the top step of the range on August 1, 2017. City Attorney Powell and Municipal Court Judge Shepley have set compensation amounts. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 CONCLUSIONS It is the purview of the Mayor and members of City Council to set the annual salary of Charter Officers. Consistent with other City staff, I recommend that Council provide a 2.1% COLA for the City Attorney and Municipal Court Judge. FISCAL IMPACT If Council decides to make adjustments to compensation for any of the Charter Officers, the fiscal impact is minimal. RECOMMENDATION Adopt Resolution 17-62. ATTACHMENTS 1. Resolution 17-62 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 17-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADJUSTING THE COMPENSATION FOR CHARTER OFFICERS WHEREAS,the City of Lake Oswego annually reviews and considered the salary rates of its Charter Officers for possible adjustments and such adjustments, if any, are made effective January 1 of each calendar year; and WHEREAS, internal market data supports a wage increase for the Charter Officer positions of City Attorney and Municipal Court Judge in order to stay competitive; WHEREAS,the Charter Officer position of City Manager received a step increase in August 2017; NOW THEREFORE, BE IT RESOLVED,that: 1.The Charter Officer positions of City Attorney and Municipal Court Judge are granted a cost of living adjustment (COLA) increase of 2.1%effective January 1, 2018. 2. This resolution shall take effect upon passage. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 5th day of December, 2017. AYES: NOES: ABSTAIN: EXCUSED: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney 5.3 70‘�'p` E COUNCIL REPORT I0 r o 0REGO TO: Kent Studebaker, Mayor Members of the City Council FROM: Ivan Anderholm, Director Parks & Recreation Department SUBJECT: Iron Mountain Park Engineering and Construction Documents Contract DATE: December 2, 2017 SUGGESTED MOTION Move to authorize the City Manager to sign a contract for Iron Mountain Park—engineering and construction documents to ESA Associates in an amount not to exceed $384,180.00. INTRODUCTION/BACKGROUND The City of Lake Oswego Parks and Recreation Department recently completed the master planning process for Iron Mountain Park. The master plan was developed with a parallel design project for relocation and restoration of the existing stream in the park. These two projects will continue in tandem throughout the design and construction process. Collaboration and coordination with the environmental restoration team is critical to the success of these two projects. Iron Mountain Park was identified in Parks Plan 2025 as meeting the need for natural character play areas, development of trails and pathways, identifying and integrating natural features, management of the property portfolio, and connecting natural corridors under the goal of "Filling Geographic Gaps". Within the goal of "Investing in Existing Parks and Facilities" this site meets the strategies of development of sustainable facilities, enhancing and expanding opportunities for exercise and sport, and protecting and preserving historic resources. Iron Mountain Park can also "Provide Recreation Opportunities" by development of the master plan, providing recreational programming to address essential services, and introduction of new recreation features and amenities. The final goal, "Enhancing Stewardship, Maintenance, and Operations", will be met at this site by restoring habitat, and conducting a public information program. Additionally, this unique site can provide the opportunity for dialogues about the relationship between the rich history of the past industrial uses and the natural beauty and benefits of 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 natural areas. The Iron Mountain Park project requires a multi-objective design approach to providing safe and comfortable access, a rich interactive experience, while maintaining habitat and keeping the historical heritage evident. DISCUSSION The Parks and Recreation Department recently solicited proposals for a professional design engineer consultant to lead the engineering and development of construction document preparation for Iron Mountain Park. The goal is to provide design and engineering documents for the primary features developed in the master plan. The consultant will also work with City staff and a Technical Advisory Committee (TAC) to develop the final construction documents. ESA, the design firm that prepared the Iron Mountain Park Master Plan, was the only respondent. The Parks Planning staff requested and received a scope and fee from ESA for the work as outlined in the Request for Proposal. Staff reviewed and negotiated with ESA and found the attached scope and fee proposal reasonable. A Contract for the services has been prepared by Staff and reviewed and approved by the Deputy City Attorney. RECOMMENDATION Authorize the City Manager to sign a contract for Iron Mountain Park—engineering and construction documents to ESA Associates in an amount not to exceed $384,180.00. ATTACHMENTS 1. Iron Mountain Pak— Engineering and Construction Documents Contract/Scope/ Fee 2. Iron Mountain Park— Engineering and Construction Documents Request for Proposal 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 (:)* CITY OF LAKE OSWEGO Standard Personal Service Contract G o� Iron Mountain Park Contractor: ENVIRONMENTAL SCIENCE Date of December 6, 2017 ASSOCIATES,A CALIFORNIA Contract: CORPORTATION, dba under unregistered name of ESA Associates Mailing 819 SE Morrison Street Date of November 30, 2019 Address: Suite 310 Completion: Portland, OR 97214 WITNESSETH: Contractor and the City of Lake Oswego, a municipal corporation, mutually covenant and agree to and with each other as follows: 1. SCOPE OF WORK AND CONTRACT DOCUMENTS. The Contractor shall perform the Project as outlined in this Contract. The contract documents shall consist of, and any conflicts shall be resolved in the following priority: A. This Contract; B. The City of Lake Oswego Standard Public Contract Provisions, which are attached and hereby incorporated by reference; C. The exhibit(s) to this Contract in the following order of priority: Exhibit A—Contractor Proposal (Scope of Work, Payment Schedule) This contract shall supersede any prior representation or contract, written or oral. 2. DURATION OF CONTRACT. This Contract shall become effective on the date this Contract has been signed by every party hereto. Contractor acknowledges that no work has been or will be performed for the project under this Contract until this Contract is fully executed and effective. Contractor shall complete performance of this contract on or before the Date of Completion stated above. 3. PAYMENT. A. Amount of Payment. Contractor shall be compensated for all goods, materials, expenses, and services as follows: at the hourly rate(s) as set forth on the attached Exhibit A, not to exceed the sum of$384,180. Page 1—Contract B. Manner of Payment. Payment shall be due to the contractor, in accordance with the subsection Date of Payment below, upon the following monthly, with an invoice being submitted by contractor within the first 30 days of the start of Work and continuing each month thereafter until completion or termination. C. Taxpayer Identification Report/ Date and Method of Payment. No payment shall be due to the Contractor until the Contractor has submitted to the City's Finance Department IRS Form W-9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). The City prefers to pay contractors by electronic fund transfer; the contractor may submit the EFT agreement (http://tinyurl.com/LO-EFT)to the City's Finance Department. Payment shall be tendered, when due within 30 days from the date of receipt of the invoice. 4. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. 5. TERMINATION. A. Parties' Right to Terminate for Convenience. This Contract may be terminated at any time by mutual written consent of the parties. B. City's Right to Terminate for Convenience. City may, at its sole discretion, terminate this Contract, in whole or in part, upon 10 days' notice to Contractor. C. City's Right to Terminate for Cause. City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as Public Contracting Officer may establish in such notice, upon the occurrence of any of the following events: (i) City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Contractor's Work; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work under this Contract is prohibited or City is prohibited from paying for such Work from the planned funding source; (iii) Contractor no longer holds any license or certificate that is required to perform the Work; or (iv) Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of Public Contracting Officer's notice, or such longer period as Public Contracting Officer may specify in such notice. D. Contractor's Right to Terminate for Cause. Contractor may terminate this Contract upon 30 days' notice to Public Contracting Officer if City fails to pay Contractor Page 2—Contract pursuant to the terms of this Contract and City fails to cure within 30 business days after receipt of Contractor's notice, or such longer period of cure as Contractor may specify in such notice. E. Remedies. In the event of termination pursuant to subsections B, C(i), C(ii) or D, Contractor's sole remedy shall be a claim for the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by Public Contracting Officer, less previous amounts paid and any claim(s) which City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor shall pay any excess to the City upon demand. In the event of termination pursuant to subsection C(iii) or C(iv), City shall have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under subsection C(iii) or C(iv), the rights and obligations of the parties shall be the same as if the Contract was terminated pursuant to subsection B. F. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Public Contracting Officer expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to Public Contracting Officer all documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. Upon Public Contracting Officer's request, Contractor shall surrender to anyone Public Contracting Officer designates, all documents, research or objects or other tangible things needed to complete the Work. 6. INSURANCE. The Contractor will not perform any work under this contract until the City has received copies of applicable insurance policies or acceptable evidence that the insurance indicated as required in subsection D below is in force. A. Scope of Insurance. The Contractor shall obtain prior to the commencement of the Contract, and shall maintain in full force and effect for the term of this contract, at the Contractor's expense, the policies indicated below in subsection D for the protection of the Contractor. The Contractor shall not undertake any acts that shall affect the coverage afforded by the above policy. If the insurance policy is issued on a "claims made" basis, then the Contractor shall continue to obtain and maintain coverage for not less than three years following the completion of the contract. If no automobile liability insurance policy is required in subsection D, Contractor expressly acknowledges and agrees that City is not providing any automobile insurance to Contractor and that as to the City and any third parties, Contractor bears sole liability for claims, damages, injury (including death) and losses, arising out of or resulting from Contractor's operation of Contractor's automobile or any other automobile, whether or not such use is related to Contractor's work under this contract, and Contractor shall make no claim against the City for any claim, damage, injury, or loss resulting thereby. Page 3—Contract B. Coverage Amount. The policies shall be issued by a company authorized to do business in the State of Oregon, protecting the Contractor or subcontractor or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned with limits not less than as stated in subsection D below or the limit of public liability contained in ORS 30.260 to 30.300 for any policy, whichever is greater. C. Certificate of Insurance/Additional Insured and Waiver of Subrogation Endorsement. The Contractor shall cause the insurance company to provide the City with: (i) a certificate of insurance and, (ii) if an additional insured endorsement is indicated as required in subsection D below, an endorsement thereto naming the City, its officers, agents, and employees as an additional insured for those policies indicated. The policies will be endorsed to provide a waiver of subrogation in favor of the City and all additional insureds. The Contractor shall provide the City written notice of cancellation or material modification (change in limits or coverages) of the insurance contract for not less than the following notice for the purposes stated: 30 days prior notice for reasons other than non-payment; 10 days prior notice for non-payment. The Contractor shall further cause a certificate of insurance to be issued not less than 5 days prior to any policy expiration date by the Contractor's insurance company or companies during the term of the Work, to assure that the required insurance is maintained. D. Insurance Policy Requirements. Required? Type of Insurance Minimum Coverage City named as Additional Insured Yes Comprehensive general $2,000,000 per occurrence and Yes or commercial general $3,000,000 in the aggregate liability No Protection and $2 million per accident Yes Indemnity US L&H $2 million per person per accident Yes Automobile liability $2,000,000 per accident-combined Yes single limit or $2,000,000 bodily injury and $1,000,000 property damage Yes Professional liability $2,000,000 per claim/aggregate No Yes Workers Compensation Statutory Coverage No Employer's Liability $1 million per person per accident Or [ ] Contractor Contractor warrants and represents contractor No(if Initial if Exempt from does not employ any persons that would require initialed) Worker Comp Coverage contractor to provide workers compensation insurance benefits. Page 4—Contract * The amounts may be achieved by a combination of base coverage and umbrella coverage. ENVIRONMENTAL SCIENCE ASSOCIATES, A CITY OF LAKE OSWEGO, an Oregon Municipal CALIFORNIAN CORPORATION, dba under the Corporation unregistered name of ESA Associates By: Name: Scott Lazenby, City Manager Title: Date: Date: Public Contracting Officer 380 A Avenue Check one: PO Box 369 Sole Proprietor Lake Oswego, OR 97034 Partnership Corporation Date Authorized by Council, if applicable: December 5, 2017. Limited Liability Company Limited Liability Partnership Other: APPROVED AS TO FORM: Domicile, if other than Oregon: Calif. Evan P. Boone, Deputy City Attorney Ver. 1703 Page 5—Contract CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (6/16) The following City of Lake Oswego Standard Public Contract any permitted subcontract under this Contract a requirement that provisions are made a part of the Contract between City and the subcontractor be bound by the following sections of this Contractor by reference. Where the Lake Oswego Redevelopment Contract as if the subcontractor were the Contractor: Agency(LORA)is the contracting party,"City"shall refer to LORA. Independent Contractor Status;Other Contractors;Hours of Labor;Ownership of Work;Indemnity and Hold Harmless; CHANGES Records;Attorney Fees;Compliance with Laws. PCO's consent to This contract,including all attachments and exhibits any subcontract shall not relieve Contractor of any of its duties or annexed hereto,shall not be subject to modification or amendment obligations under this Contract. except in writing,executed by both parties. This contract and any This contract is not assignable by the Contractor,either substantive changes to the scope of work or changes to the contract whole or in part,unless Contractor has obtained the prior written costs will not be effective until approved in writing by the City's Public consent of the City. Contracting Officer(PCO). City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in INDEPENDENT CONTRACTOR STATUS this Contract gives,is intended to give,or shall be construed to The Contractor agrees and certifies that: give or provide any enforceable benefit or right,whether directly, A. The Contractor is engaged as an independent indirectly or otherwise,to third persons. contractor.Although the PCO reserves the right(i)to determine (and modify)the delivery schedule for the Work to be performed HOURS OF LABOR and(ii)to evaluate the quality of the completed performance,City For those employees of Contractor covered or subject to cannot and will not control the means or manner of Contractor's Oregon employment laws,the Contractor shall pay employees for performance,nor provide any tools or equipment for the overtime work performed under the public contract in accordance performance of the Work,except as provided elsewhere in this with ORS 653.010 to 653.261 and the Fair Labor Standards Act of Contract. Contractor is responsible for determining the 1938(29 USC 201 et seq.). appropriate means and manner of performing the Work. B.Contractor shall be responsible for all federal or state ERRORS taxes applicable to compensation or payments paid to Contractor The Contractor shall perform such additional work as under this Contract and,unless Contractor is subject to backup may be necessary to correct Contractor's errors in the work withholding,City will not withhold from such compensation or required under this contract without undue delays and without payments any amount(s)to cover Contractor's federal or state tax additional cost. obligations. C. The Contractor will not,on account of any REPRESENTATIONS AND COVENANTS payments made under this contract,be eligible for any benefit A. Contractor's Representations.Contractor represents and from federal social security,workers'compensation, covenants to City that: unemployment insurance,or the Public Employee's Retirement (1)Contractor has the power and authority to enter into System,except as a self-employed individual; and perform this Contract, D. Contractor is not currently an employee of the (2)This Contract,when executed and delivered,shall be federal government or the State of Oregon;and a valid and binding obligation of Contractor enforceable in E. The Contractor is not a contributing member accordance with its terms,and if Contractor is a partnership, of the Public Employee's Retirement System. corporation or other form of business entity,this contract was F. Contractor is not an"officer,""employee,"or duly approved and executed pursuant to authority of the "agent"of the City,as those terms are used in ORS 30.265. governing body or parties of the Contractor, (3)Contractor is not in violation of any Oregon tax laws. OTHER CONTRACTORS (4)Upon acceptance of each project,the Contractor The City may undertake or award other contracts for warrants that it will carefully examine,as necessary,the site of the additional or related work,and the Contractor shall fully work contemplated and any plans,specifications,and contract cooperate with such other contractors and with any City documents pertaining to work,with the exception of unknown employees concerned with such additional or related work,and physical conditions at the work site,of an unusual nature,differing shall coordinate its performance under this contract with such materially from those ordinarily encountered and generally additional or related work. The Contractor shall not commit or recognized as inherent in work of the character provided herein.. permit any act that will interfere with the performance of work by (5)Contractor shall,at all times during the term of this any other contractor or by City employees. Contract,be qualified,professionally competent,and duly licensed to perform the Work. SUBCONTRACTORS AND ASSIGNMENT (6)Contractor will accomplish the work using a standard Except as set forth in Contractor's proposal or otherwise of performance and care that is currently accepted by other in this Contract,no subcontract shall be made by the Contractor contractors engaged in similar work, under similar conditions with any other party for furnishing any of the work or services and at the date the services are provided in the Portland herein contracted without obtaining the prior written consent of metropolitan area(Standard of Care). the City,which City may withhold without cause. In addition to (7)Contractor's invoices shall describe all work any other provisions PCO may require,Contractor shall include in performed with particularity,by whom it was performed,and Page 1—City of Lake Oswego Standard Public Contract Provisions(6/15) CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (6/16) shall itemize and explain all expenses for which reimbursement is INDEMNITY AND HOLD HARMLESS claimed. Contractor shall send invoices to City's Project Manager. The Contractor shall defend,indemnify,and hold the (8) Contractor's completion shall not extinguish or City,its officers,agents and employees,harmless against all prejudice City's right to enforce this Contract with respect to any liability,loss,or expenses,including reasonable attorney's fees, breach of Contractor warranty or any default or defect in Contractor and against all claims,actions or judgments based upon or arising performance (defect is defined herein as services that do not out of damage or injury(including death)to persons or property, conform to the Standard of Care (Section 6) in the performance but only to the proportionate extent caused by or resulting from of the Contract). any act,error,or omission(excepting professional services (9)Contractor has no present interest and shall not acquire performed under this Contract)of an act sustained in connection any interest,direct or indirect,which would conflict in any manner or with the performance of this contract or by conditions created degree with the performance of its Work, and that in the thereby,or based upon Contractor's violation of any statute, performance of this contract no person having any such interest shall ordinance or regulation. be employed. With respect to professional services performed under (10) Contractor has no interest and shall not acquire any this Contract,Contractor shall defend,indemnify,and hold the interest, direct or indirect, which would conflict in any manner or City,its officers,agents and employees,harmless against all degree with the performance of contractor's services, and in the liability,loss,or expenses,including reasonable attorney's fees, performance of this contract no person having any such interest shall and against all claims,actions or judgments based upon or arising be employed. out of damage or injury(including death)to persons or property, B. Cumulative. The representations and covenants set forth in but only to the proportionate extent caused by any negligent act, this section are in addition to,and not in lieu of,any other error,or omission of an act sustained in connection with the representations and covenants provided. performance of this contract or by conditions created thereby,or based upon violation of any statute,ordinance or regulation. OWNERSHIP OF WORK All work products of the Contractor,including RECORDS background data,documentation and staff work that is Contractor shall have access to the books,documents, preliminary to final reports,which result from this contract are papers and records of the City as necessary for Contractor's the exclusive property of the City. If this contract is terminated by performance of the work. The Contractor shall not disclose all or either party or by default,the City following payment as required any part of such records to any other person,firm,corporation, by the Contract,in addition to any other rights provided by this association or other entity except as reasonably necessary to carry contract,may require the Contractor to transfer and deliver such out the Work,without the consent of the Public Contracting partially completed reports or other documentation that the Officer. Contractor has specifically developed or specifically acquired for The Contractor agrees that the City and its authorized the performance of this contract. representatives shall have access to the books,documents, The reports and all material contained in the reports papers and records of the Contractor which are directly pertinent (graphics,photos,etc.)shall become the property of the City;the to the specific contract for the purpose of making audit, City may reproduce and distribute the reports,or any part examination,excerpts and transcripts. thereof,in such form as the City desires. Contractor shall maintain all fiscal records directly relating to this Contract in accordance with generally accepted ELECTRONIC CONTRACTING AND REPORTS accounting principles. In addition,Contractor shall maintain any This contract and any amendments may be executed by other records pertinent to this Contract in such a manner as to a party electronically by use of a digital signature issued by a city- clearly document Contractor's performance. Contractor recognized certification authority(such as Symantec Digital ID), acknowledges and agrees that City's duly authorized pursuant to the Oregon Uniform Electronic Transactions Act,ORS representatives shall have access to such fiscal records and other Ch.84.001—84.063. Upon execution of this contract books,documents,papers,plans and writings of Contractor that electronically,the party consents to conduct further are pertinent to this Contract to perform examinations and audits communications and transactions under this Contract by and make excerpts and transcripts. Contractor shall retain and electronic means. keep accessible all such fiscal records,books,documents,papers, Unless otherwise stated in the Scope of Work or plans,and writings for a minimum of three(3)years,or such separately waived in writing,all final reports,including reports of longer period as may be required by applicable law,following final phases of the project and of the entire project,shall be provided payment and termination of this Contract,or until the conclusion in both written and electronic format. Electronic format shall be of any audit,controversy or litigation arising out of or related to in a format coordinated with the PCO and shall be fully this Contract,whichever date is later. compatible with such software programs specified by the PCO, .e.g.Microsoft Word,Microsoft Excel,Microsoft PowerPoint, PUBLICATION RIGHTS/RIGHTS IN DATA Microsoft Access,Microsoft Publisher,Adobe Creative Suite, To the extent the Work Product consists of material Adobe PDF,or such other software program as specified by the capable of publication,all publication rights in the product PCO. produced by the Contractor in connection with the work provided for under this contract,whether in preliminary draft or final form, shall be vested in the City. Page 2—City of Lake Oswego Standard Public Contract Provisions(6/15) CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE/SERVICE CONTRACT (6/16) The Contractor shall not publish any of the results of the and ordinances of the City of Lake Oswego,Oregon. work without the prior written permission of the City. The Contractor shall comply with all federal,state and All original written material and other documentation, local laws and ordinances,applicable to public contracts relating including background data,documentation,and staff work that is to Contractor's obligations and performance,and to the work to preliminary to final reports,originated and prepared for the City be done under this contract. pursuant to this contract,shall become exclusively the property of The Contractor shall comply with all applicable federal, the City. The ideas,concepts,know-how or techniques relating to state,and local laws,rules,and regulations on nondiscrimination in data processing development during the course of this contract by employment because of race,color,ancestry,national origin,religion, the Contractor or City personnel,or jointly by the Contractor and sex,sexual orientation,gender identity,marital status,age,medical City personnel,can be used by either party in any way it may condition,or disability. deem appropriate. Material already in the Contractor's possession, WAIVER independently developed by the Contractor outside the scope of The failure of the City to enforce any provision of this this contract or rightfully obtained by the Contractor from third contract shall not constitute a waiver by the City of that or any parties,shall belong to the Contractor. However,the Contractor other provision. grants to the City a nonexclusive,irrevocable and royalty-free license to use such material to the extent such material is INTEGRATION incorporated into the Work. This contract represents the entire and integrated This contract shall not preclude the Contractor from agreement between the Contractor and the City,and supersedes developing materials that are competitive,irrespective of their all prior negotiations,representations or agreements,either similarity to materials which might be delivered to the City written or oral. pursuant to this contract. The Contractor will not,however,use any written materials developed under this contract in developing materials for others,except as provided in this section. CONFIDENTIALITY No reports,information and/or data given to or prepared or assembled by the Contractor under this contract shall be made available to any individual or organization by the Contractor without the prior written approval of the City. MEDIATION/VENUE In the event a dispute shall arise between the parties to this contract,and prior to the commencement of any suit or action,the parties agree to participate in mediation in accordance with the mediation procedures of the Oregon Mediation Service, or such other procedures as the parties agree. The parties agree to share equally in the costs of the mediator. The mediator shall be selected by the parties,either upon mutual agreement within 15 days written notice by one party to the other requesting mediation,or if the parties are not able to agree upon a mediator within said period,the mediator shall be chosen by the City Manager from the list of mediators maintained by the Oregon Mediation Service(http://omediate.org). Any action or suits involving any question arising under this contract must be brought in Clackamas County Circuit Court. SEVERABILITY The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. COMPLIANCE WITH LAWS The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon Page 3—City of Lake Oswego Standard Public Contract Provisions(6/15) Iron Moun!aIi Park Engineering antl Construot,on Documents Fee Estimate ESA PAE Grummet Aper Teragan Lamaeatar Geotachnics Statewide Contr.Manager Prop.Manager Ossign/Director Engineer 0A04 PE EDT Environmental' Laniracape Permitting Permitting Atimin Electrical Electrical Structfual Structural PrinoIpal Staff start Principal Trafnn Ger/winter! Geetechnlcal Survey ALA,PE ALA ALA PE Planner Deliver Engineer Staff Engineer Staff Engineer Staff Engineer Staff Staff Haut Task P.Agrmis S.Rectal W.O73pm A Zucxrr H.White C.Ranch S Hartung T.EinCher L Hiseflsher A.Minnehan T.Ross G.Perttiemer R.Grummel H.Clough A.Reese T.Prager T.Mobley A.Mare Totals Sutfululs Task 1-Site Investigations 1.1 Project kickoff site meeting 4 6 4 4 4 4 2 2 2 2 34 54,780.00 12 'Technical advisory committee 4 4 5512.00 • 1.3 Background research 4 2 2 6 12 . 26 52,868.00 1.4 Site survey supplementation(Add lope needs loan!.during design) 40 40 56,000.00 1.5 `C,adtnlAddl/arrel8gtsampl • 2 24 _ 26 52,500.66 -._ . 516660.00 Task 2-Schematic Design I 516, -2.1 Review&cocrdinaton meetings 4 4 2 4 r 2 2 2 2 2 F 2 2 I 2 2. 32 54,544.00 2-2 Prepared submit draft schematic dasign drawing 2 8 4 8 16 16 2 0 2 4 70 58124.00 2.3 Attend and facilitatelAC meeting#I 4 1 4 _ 8 51.040.00 2.4 Prepare responses to LOPR and TAG comments 2 I 4 6 9639.00 15 Prepare final 5D.project description,general cost estimate 2 12 4 2 6 12. 20 1` 8 4 16 1 2 90 510,39/00 - - 524.742.00 Task 3•Design Development _ _ I ! 3-1 Review&coordinalion meetings 4 4 4 2 2 2 2 2 2 24 53,21400 3.2 Prepare DO drawings.spec.sediena,preliminary cast estimate 4 f 40 a e 24 130 60 2 24 1 2 253 525,854.00 3.3 Prepare Sad Management Plan 4 2 16 44 fib 57,542.00 3.4 Attend and facilitate TAC mewing#2 4 1 4 9 51,040.00 3.5 Prepare responses to LOPR and TAC comments 4 4 4 1 12 =li 2 1 2 34 -R182.00 541,/32./0 Task 4-60Construction Aacement6 t 4.1 "Prefect meetings 1_ 541,032.00 2 2� 4 2 2 2. 2 20 52.62/.00 4.2 'Prepare 609E construction docs,specs.general cost estimate 4 32 6 6 30 60 72 2 24 1 2 4 247 527230.00 -_ 4.3 Attend and faciliteteTAC meeting#3 4 1 4 9 51.040.00 4.4 Respond to LOPR and TAC comments 4 4 4 4 2 12 4 2 36 54.672.00 535,570.00 Task 5.90%Construction Documents }t 5.1 Review&coordination meetings 4 4 2 4 2 • 2 2 2 22 52124.00 5.2 Prepare 90%6 coistrudion docs,specs,cost estimate 8 I 48 8 6 32^ 60 /0 2 16 1 2 2 267 53013/00 5.3 'Prepare responses to LOPR and TAG comments I 4 2 4 4 1. 8 2 25 53,212.00 536,274.00 Task 6•BEd Set } I ' 6.1 Review&coordination meetings I 4 2 2 2 2 12 21,572.00 6.2_Prepare DRAFT Bid sen and cost eshmale 4 24 8 4 12 20 40 112 51391630 8.3 Prepare FINAL bid set and cost estimate 2 24 4 2 10 - 12 80 I: 4 4 93 --$10.814.00 - I 525,402.00 Task 7-Building Permits 7.1 OE41200-G Erosion and Sediment Cartirei 1 4 4 24 8 41 54,452.00 7.2 ILO Cammerdel Building permtteppiication package 1 4 2 4 I 12 24 47 55,12/.00 7.8 iSign Permit epplicaoon package 1 2 14 8 25 52,56/00 Task 8.Wd Support - 112,14/:00 81 -,Provide bidding supplat i 8 2 4 8 8 28 4 1 4 67 57.370.00 57,310.00 Task 9 s -State and Federal Permit Update j . 3.1 Review and Coordination Meetings _ 8 8 8 24 53440.00 5.5 Joint Pernh_Applicadten(JPA/Reyisiolns 1 2 4 28 .8 40 4 97 58804.00 9-3 Section 401 DEO Water Quality Certification 2 16 24 2 92 2 78 56,190.00 - - 120,034.00 Task 10-Constructionj . 10.1 Attend pre-construction meeting 4 4 4 4 16 51.7510 102 ,Canslnrcllan observation(RFIs,Subrrdttels.AS11 40 6' 8 16 40 8 2 16 2 20 180 515,820.00 -- - 115,572.00 Task 1 1-Project Closeout 11.1 ,Deliver as-bulls&CAD flies 4 2 10 16 32 5327/.00 53,27/./0 Task 12-Project Management and Admin#iraiion 12.1 Project coordination and invoicing 0 100 16 I .24 6 4 8 4 165 521,660.00 - -- -- - 521,060.00 Task 13-Land Use:Conditional Use and Technical Reports 13.1Report ll. 30 30 $4.800.00 13.2 �nical analysis and report 80 40 120 21680000. 13.3 Major[level.-Cvmp Plan:Base Zone:CUP tar park Dcv. 1 i 2 4 16 48 6 2 0 2 9 97 512,592.00 13.4 Minor[Development tar Stream Realignment 2 2 12 6 2 1 4 29 53,382.00 13.5 Miner Development-RP District Delineation n Figures } 20 12 1 I 4 14 51 56,257.00 13.6 Ministerial Day.-Reslerat on Enh.and Passive Roc.+Figures 2 t 4 8 8 2 I 4 29 53530.00 13.7 •Scaled Site Plan;Grading Plan:UBlity Plan;Landscaping Plan. 2 216 24 2 24 70 57,490.00 13.8 Type II Tree Permit.Protection,Mnigatian Plan 1 ~2 8 12 18 39 5413200 13.9 Traffic/Parking Study(Traffic Impact Studay) 10 24 34 54,880.00 13.10 'Drainage Report&Stdrmweter rnanagemeni 1 2 10 60 72 57.350.00 13.11 IFloodplein Management Areae FEMA base flood elevetlon) 2 2 10 30 44 54,900.00 13.12,RP DistriclP etiand Miilgatlon Plan I 2 2 2 24 32 30 2 95 $10242.00 13.13 Neighborhood Meeng - 4 4 9 11 O 6 4 4 4 34 55,260.00 - 591.561.00 Labor Hours: 40 440 92 90 250 548 102 650 29 58 46 6 70 24 142 38 126 • 30 31 44 80 40 54 3032 Subtotal: 5356103.00 Billing Rates 5200.00 5128.00 5148.00 .5175.00 3130.00 595.00 5122.00 595.00 5185.00 1125.00 398.00 5230,00 5130.00 5160.00 590.03 5170.0 590.00 5160.00 8200.00 5120.00 $160.00 5100.00 5150.00 --- Billable Labor Cost; 58,000.00 355.320.00 213,616.00 515,750.00 532,500.00 552.060.00 612.444.00 361,750.00 15,365.00 57,250.00 54,508.00 51,940.00 59,100.00 153,840.00 512,780A0 96,460.00 511.340.00 64.800.00 56.200.00 55,280.00 512.800.00 $4.00000 58.100.00 Reimbursable Expenses Ann Expenses: 823,780.00 ' -_- -- I Sebespsu!lenrak8rkup($%) 84,325.00 TOTAL MAXIMUM FEE: 5364,186.00 PO. 1117/201i r � 1� 819 SE Morrison Street Suite 310 Portland,OR 97214 503.274.2010 of 503.274.2024 Fiy. memorandum date November 6,2017 to Bruce Powers, Project Manager Lake Oswego Parks and Recreation(LOPR) cc Ivan Anderholm,Director Lake Oswego Parks and Recreation from Steve Roelof,Project Manager Paul Agrimis, Project Director subject Iron Mountain Park Construction Documentation Scope—November 6,2017 The ESA project team appreciates the opportunity to continue working with LOPR on this exciting and multi-faceted project We have thoughtfully reviewed the project needs:reaching out to sub-consultants and preparing the following scope and budget. Our team includes the following members and roles: • ESA— Land Use Planning, Landscape Architecture,Civil Engineering,and Environmental Permitting • Statewide Surveying-Survey • Apex-Environmental Engineering • Grummel Engineering-Structural • Lancaster Engineering-Traffic Signage and Striping • Geotechnics-Geotechical • PAE—Mechanical,Electrical and Plumbing • Teragan Sr_Associates-Arborist A site survey will provide topographic mapping for the area bounded by the street frontage(including to road centerline), parking lot,and developed areas. Site utilities will be identified. A boundary survey along the Iron Mountain Boulevard ROW will also be provided. EIements included in Construction Documentation We understand that the construction documents will be based on features presented in the Iron Mountain Park Concept Master Plan figure(attached).The features included in this scope of design services are the following: 1. Paved parking lot for 20 cars(18 standard stalls and 2 ADA stalls)with one-way vehicular travel East to West with one entry and one exit;vehicular drive aisle is standard asphalt paving,parking stalls are permeable paving with wheel stops or curb vehicular drive aisle designed for bus and fire truck turning radii connects to Iron Mountain Boulevard. Parking lot entry signage,parking lot exit signage.and ADA parking stall signage are included. Bus pull out and drive aisle will be load-rated asphalt,adjacent bus loading zone surfacing is standard concrete.The parking lot design will include mountable curbs adjacent to the future parking expansion areas. 2. Low impact Development stormwater facilities for treating runoff from impervious areas(bioswale, filter strip, stormwater wetland,etc.)conforming to the 2016 Lake Oswego Stormwater Management Manual. Iron Mountain Park Construction Documentation Scope—November 6,2017 3. Site development will require a complex grading plan to shape the park and the stream restoration in the midst of stockpiled flood debris from the 1996 flood,comply with Flood Management Area cut and fill balancing requirements,and to properly handle contaminated media.The flood debris includes a variety of soils,asphalt, concrete,organic materials,and various debris.Testing in nine areas along the stream restoration alignment found contamination in six locations: arsenic, lead,mercury;Total Petroleum Hydrocarbons;Benzo(a)anthracene, Benzo(b)flouranthene,Dibenz(a,h)anthracene;Indeno(1,2,3-cd)pyrene were observed in soil samples.The contaminated media can be safely managed on-site with clean fill caps sealing the contaminated media,but non- contaminated soils will need to be exported in volumes equaling the clean fill caps to meet a cut and fill balance for the site. Additional off-haul of clean material is anticipated to meet structural base requirements for the parking lots and driveways and for the restroom and picnic shelter and meet the Flood Management Area requirements, It is unclear if additional off-haul will be required for the Flood Management Area(to be clarified in the land use permitting process),Off-haul of the clean material costs about a third of the tipping fee for contaminated media. The grading complexity will be amplified by management of the contaminated media.Additional testing will be required to identify the extent and kinds of contamination.Best Management Practices may indicate differing depths of soils caps for different materials,which Lake Oswego risk management staff will need to consider as one of the variables of how materials are excavated,moved,and capped in some instances.There may need to be interim stockpiling areas to hold contaminated materials during mass grading of the site.We understand that Lake Oswego will provide a Risk ManagerlHazardous Waste Manager who will oversee that the proposed handling, capping,and disposal of all hazardous materials is in accordance with all local,state,and federal health requirements. 4. On-grade circulation includes an 8-10-foot wide,ADA accessible concrete pedestrian path that connects the entry plaza and north boardwalk designed to accessibility standards.Compacted aggregate pedestrian paths(3 to 4 feet in width)connect south boardwalk,picnic shelter,learning circle,picnic tables,trailhead,and bridge. A 10'-12' wide asphalt multi-use path along the existing ROW and proposed parking lot will also be included meeting LOPR standards. 5. Vendor-supplied structures a. Picnic shelter will be approximately 20-foot by 20-foot pre-engineered structure from a local supplier.The footings for the structure will need to be designed by our structural engineer based on the geotechnical report(presumed to be spread footings).We understand that a vendor-supplied shelter can meet City of Lake Oswego land use architectural and aesthetic requirements without undergoing custom design modifications.This will be a deferred submittal during the Building Permit process. b. Pedestrian bridge will be a 10-foot wide,clear span pre-engineered bridge from a local supplier.The bridge must span the restored stream channel from top of south bank to top of north bank(approximately 40 feet) and will be located within the Vegetated Corridor buffer;above the FEMA base flood elevation.The bridge is understood to not be vehicle-rated per AASHTO,and we understand that a vendor-supplied bridge can meet City of Lake Oswego land use architectural and aesthetic requirements without undergoing custom design modifications. The structure must accommodate a GATOR or other small maintenance vehicle,The abutments for the bridge will need to be designed by the structural engineer based on the geotechnical report.This will be a deferred submittal during the Building Permit process. c. Two stall restroom will be pre-engineered structure from a local supplier,The footings for the structure will need to be designed by our structural engineer based on the geotechnical report(presumed to be spread footings).The design for this element Includes selection and coordination with vendor,water,sewer,and electrical service with support from our electrical and lighting subconsultant.We understand that a vendor- supplied restroom can meet the City of Lake Oswego land use architectural and aesthetic requirements without undergoing custom design modifications. Minimal if any modifications to standard finishes are anticipated.This will be a deferred submittal during the Building Permit process. 2 Iron Mountain Park Construction Documentation Scope—November 6,2017 d. Kiosk will be a pre-engineered single-sided structure with mounting space for interpretive signage from a local supplier.The design of graphic,artistic,and informational content associated with kiosk is not included and will be installed by owner.The footings for the kiosk will need to be designed by our structural engineer based on the geotechnical report(presumed to be spread footings).We understand that a vendor-supplied kiosk can meet the City of Lake Oswego land use architectural and aesthetic requirements without undergoing custom design modifications. This will be a deferred submittal during the Building Permit process. 6. Boardwalk will total approximately 190 feet long and 8 feet wide and set on engineered pin-pile footings.The decking will be pultruded fiberglass with an ADA compliant kick-rail.An approximately 16-linear-foot bench will be included.The structure will be designed by ESA with structural design by the structural engineer based on the geotechnical report.The boardwalk will need to meet the City of Lake Oswego land use architectural and aesthetic requirements. 7. Nature play—nature play area will provide 1)an approximately 6-foot tall earthen mound that includes one slide, access stair,placed boulders,and native meadow vegetation. 2)Logs will be assembled in a log-pile using engineered footings and connections(designed by the structural engineer)integrated with an approximately 3-foot tall earthen mound.3)Sand play pit area will be provided adjacent to log pile with placed boulders and logs.Logs will include engineered footings and connections. 8. Gathering spaces a. Learning circle with compacted aggregate surfacing,seven log or stone benches with engineered footings. b. Entry plaza with concrete pedestrian paving,concrete pedestrian walkways,and controlled pedestrian park access point. c. Trailhead with compacted aggregate surfacing and kiosk. 9. Planting a. Open lawn areas are confined by concrete mowband when adjacent to native meadow areas,and by metal edging when adjacent to compacted aggregate paved paths. b. Native meadow areas including nature play area seeded with native seed mixes. c. Trees and ornamental planting located at nature play area,entry plaza,and parking area including medians. d. Native seed mixes at areas of construction and construction staging disturbance. e. Stormwater treatment planting in stormwater facilities located between parking area and Iron Mountain Boulevard. f. Planting buffer with frees and ornamental planting meeting City of Lake Oswego land use requirements between parking area and Iron Mountain Boulevard. 10. Site furnishings a. Picnic tables(3)will be provided on compacted aggregate on pedestrian path spurs.These will be from a local supplier with footings per standard LOPR details. 3 Iron Mountain Park Construction Documentation Scope—November 6,2017 b. Benches(3)will be provided along pedestrian paths and at the nature play area.along pedestrian paths and at the nature play area(benches shown on north side of restored stream on master plan are not included in this design).The benches will be from a local supplier with footings per standard LOPR details. c. Bicycle racks for ten bicycles will be provided at the entry plaza.These will be from a local supplier with footings per standard LOPR details. d. An entry monument sign(1)will be provided at the parking lot vehicular entry. This monument sign will be documented with a standard detail provided by LOPR. c. A drinking fountain(1)will be provided at the restroom.This will be from a local supplier with footings per standard LOPR details. 11. Fencing a. Rough-sawn,2-rail wood fencing functioning as pedestrian separation barrier will be included along southern edge of nature play area and along the western edge of parking area(totaling approximately 690 LF). h. Rough-sawn,2-rail wood fencing functioning as pedestrian park access point control on the parking area side of entry plaza,and the park interior side of entry plaza(totaling approximately 30 LF). 12. Lighting and electrical service(GFCI)will be included at the two stall restroom and at the picnic shelter. We understand that parking lot lighting and pedestrian lighting are not required for this project. 13. Irrigation a. Permanent irrigation will be provided at the open lawn area, for required parking lot plantings, limited areas near restrooms and nature play area,and the stormwater treatment facility planting.This will be a design-build effort with ESA providing a performance specification. b. Temporary irrigation will be provided at all other planting areas as a design-build effort with ESA providing a performance specification. c. We assume that irrigation plans will not be required for land use or building permit review, 14. Utilities will include water,sewer,and electric service(restroom and picnic shelter).There will be a new 6"water line between the existing fire hydrant and the 24"water main in Iron Mountain Boulevard,and one drinking fountain at the restroom. Assutnptions 1. City of Lake Oswego will propose potential Technical Advisory Committee(TAC)members(5-7);ESA will confer with LOPR on factors to consider for the TAC makeup.LOPR PM to facilitate all TAC meetings. 2. City of Lake Oswego will identify City staff who will serve as Risk Manager/Hazardous Waste Manger for decisions on clean fill caps over contaminated media and related issues concerning design considerations. 3. Zoning will be updated by LOPR to change remaining R-zoned lots included in the park development site to be zoned as PNA(Park and Natural Area). 4. Pedestrian bridge,picnic shelter restroom,and kiosk will be deferred submittals and assumed to meet City of Lake Oswego land use requirements,and LOPR aesthetic and budgetary needs. 5. New water line connection needed from existing fire hydrant on project site to main line located in Iron Mountain Boulevard. 4 Iron Mountain Park ConatructIon Documentation Scope—November 6,2017 S. Design work under this scope and design work for the stream restoration conducted under a separate scope and contract will be combined into one package for Land Use,Permitting,and Bidding. The construction will be jointly observed as one project. ESA will invoice work done under each contract within each respective scope of work. 7. Infiltration facilities and low impact development BMP's are feasible at this site;to be confirmed by the geotechnical report. 8. Two ESA staff members(project manager and land use lead)will be required to attend one Development Review Commission Meeting. 9. The Construction Contractor will coordinate and provide all construction special inspections as required by local and state building codes. 10. City of Lake Oswego will provide a construction manager for the project. Exclusions 1. Cultural resource consultation. 2. 10 stall parking expansion, will be designed in future phase 3. Trails,trail connections,and benches north of proposed pedestrian bridge 4. Right of Way dedications 5, Entry monument sign design 6. City of Lake Oswego/LOPR CAD standards including wet signatures 7. Lot consolidation 8. Half street improvements including street lighting and stormwater treatment design 9. Parking lot electrical service and lighting 10. Park lighting except as noted in Elements section above 11. Permitting fees 12. Division 0 and Division 1 specifications. Task I - Site Investigations 1.1 Project Kick Off and Sire Meeting—ESA will attend and facilitate a team site visit(two hours on-site)with key LOPR staff and designers from ESA.Apex,Grummet.Geotechnics,Lancaster Engineering,Teragan, and PAE.The group will review the existing master plan in the field and visit key locations on the site. Potential design issues will be identified. Deliverables—Meeting notes. 1.2 Technical Advisory Committee—LOPR will select committee members. Deliverables—none. 5 Iron Mountain Park Construction Documentation Scope—November G,2017 1.3 Background Research—ESA will review existing background material collected during the master plan process,during the land use pre-application,and verify all background information provided by LOPR. 1.4 Site Survey Supplementation—There will be a modest reserve for minor additional survey work for limited issues arising during the design phase. Deliverables—Boundary survey,and any additional topographic survey needed for questions arising during design. 1.5 Additional Soil Sampling and Analysis—The ESA team(Apex)will conduct additional soil sampling around the park facilities shown in the master plan to better understand the extent of contaminated media on-site. Apex will monitor 20 additional test pits and send samples to a lab for analysis;prepare a brief report with findings. Deliverables—Soil analysis report. Task 2 - Schematic Design 2.1 Review and Coordination Meetings—The ESA Design team and LOPR staff will meet to review progress, discuss constraints, update schedule,and communicate next steps, This task includes(3)progress and review meetings(two hours)with LOPR staff at ESA offices. Deliverables—Meeting notes. 2.2 Prepare and Submit Draft Schematic Design Drawing—ESA project team will draft a schematic design drawing(B&W line drawing for basis of design work)depicting the layout of the parking area,pedestrian circulation, and park amenities including a brief project description for LOPR staff review and comment. Deliverables—Schematic design plan drawings,delivered as scalable 11"x17"PDF. 2.3 TAC Meeting#1 —The ESA Design team will attend TAC review of technical design objectives(2-hour meeting). Deliverables—Meeting summary and comment log. 2.4 Prepare Responses to LOPE and TAC Comments ESA project team will review LOPR staff and TAC comments and provide written responses to each comment.Approximately 20 comments are anticipated. Deliverables—Written responses in comment log(within 10 business days). 2.5 Prepare Final Schematic Design,Project Description,and General Cost Estimate The project team will prepare a final schematic design drawing that incorporates LOPR and TAC comments and general project description. Deliverables—Final schematic design plan drawings delivered as sealable 11"x17''PDF,project description, construction cost estimate with contingency. Task 3 - Design Development(30%) 3.1 Review and Coordination Meetings—ESA project team and LOPR will meet to review progress,discuss constraints,update schedule,and communicate next steps.This task includes a two-hour design meeting,and a progress and review meeting(two hours each). Deliverables—Meeting notes(two), 6 Iron Mountain Park Construction Documentation Scope—November 6,2017 3.2 Prepare Design Development Drawings,Specification Sections,Preliminary Cost Estimate—The ESA team will develop a draft design development drawing set,submit a list of specification sections to be developed during the construction documentation task,and prepare the preliminary cost estimate. We will prepare cut and fill calculations to verify grading design balances cut and fill. Deliverables— A design development drawing set(approximately 25 sheets)delivered as scalable 1 I"x17" PDF,specification sections(table of contents),and preliminary construction cost estimate. 3.3 Prepare Soil ffanagement Plan—The ESA team(Apex)will prepare a soil management plan for contaminated media.The scope of the plan will cover the following topics 1.0 INTRODUCTION 1.1 Purpose 1.2 Limitations 1.3 CMMP Use and Organization 2.0 BACKGROUND 2.1 Location and History 2.2 Geology 2.3 Regulatory Framework 2.4 Management Areas 3.0 HEALTH AND SAFETY PLANNING 4.0 CONTAMINATED SOIL MANAGEMENT 4.1 Handling and Final Disposition of Soil 4.2 Unanticipated Contamination 4.3 Characterization of Soil 5.0 REPORTING 6.0 REFERENCES Deliverables—A draft and final report will be prepared. 3.4 T4 Meeting#2—The ESA Design team will attend TAC review of progress,constraints,and discuss technical issues(two-hour meeting). Deliverables— Meeting summary. 3.5 Respond to LOPR and TAC Comments We will review the comment log and provide written responses. ESA project team will review LOPR staff and TAC comments and provide written responses to each comment. Approximately 50 comments are anticipated. Deliverables—Written responses to each comment in comment log(within 10 business days). Task 4 - Construction Documents (60%) 4.1 Review and Coordination Meetings-Design team and LOPR will meet to review progress,discuss constraints,update schedule,communicate next steps,and address concerns related to the construction documentation effort.This task includes two progress and review meetings(each two hours)with LOPR staff. Deliverables—Meeting notes. 4.2 Prepare 60% Construction Documents,Specifications,and General Cost Estimate-ESA project team will develop a 60%construction drawing set and specification table of contents.We will coordinate internally to tie in park grading seamlessly with stream restoration grading,and work with Lake Oswego Public Works to 7 Iron Mountain Park Construction Documentation Scope—November 6,2017 tie proposed grades on-site into proposed grades in the ROW. ESA will update the general estimate of probable cost and effectively coordinate the work of our subconsultants. Deliverables—60%construction drawing set(approximately 65 sheets(with subs),in scalable 22"x34"PDF format),specification table of contents(.doc or.docx format),general estimate of probable construction cost. 4.3 TAC Meeting#3—The ESA Design team will meet with LOPR staff and TAC members to review progress, discuss technical issues and constraints. This task includes one TAC meeting(two hours)following the 60% construction documents submittal. Deliverables—Meeting summary and comment log. 4.4 Respond to LOPR and TAC Comments ESA will review the LOPR and TAC comments and provide written responses to each comment. ESA will review with LOPR project manager and incorporate as required into the subsequent 90%drawing set. Approximately 60 comments are anticipated with a 10 business day turnaround by LOPR. Deliverables—Written responses to comments(within 10 business days), incorporation of comments into 90%drawing set. Task 5 - Construction Documents (90%) 5.1 Review and Coordination Meetings—The ESA Design team and LOPR staff will meet to review progress, discuss constraints, update schedule,and communicate next steps. This task includes one progress and review meeting(two hours)with LOPR staff during 90%construction documentation. Deliverables—Meetings notes. 5.2 Prepare 90% Construction Documents,Specification,and Cost Estimate ESA will complete the final construction drawings,specifications for permitting and bidding,and estimate of probable cost. Deliverables—90%drawing package set(one set in sealable 1]"xl7"PDF,one set 22"x34" PDF,one set printed on paper 22"x34"),specifications in CSI 2004 format(provided electronically in.doc or.docx), estimate of probable construction cost(in.xls or.xlsx format). 5.3 Prepare Responses to LOPR Comments ESA will review the LOPR comments and provide written responses to each comment.ESA will review with LOPR project manager and incorporate as required into the subsequent bid set. Approximately 40 comments are anticipated. Deliverables—Written responses to comments,incorporation of comments into bid set. Task 6 - Bid Set 6.1 Review and Coordination Meetings—The ESA Design team and LOPR staff will meet(to review progress, discuss constraints,update schedule,and communicate next steps. This task includes two progress and review meetings(one hour each)with LOPR staff during bid set. Deliverables—Meetings notes. 6.2 Prepare DRAFT Bid Set and Cost Estimate—ESA will complete the draft bid set construction drawings, specifications for permitting and bidding,and estimate of probable cost. Deliverables—DRAFT bid set drawing package,one set in scalable(11"x17"PDF),specifications(provided electronically in.doc or.docx),estimate of probable construction cost(in .xls or.xlsx format). 6.3 Prepare FINAL Bid Set and Cost Estimate—ESA will complete the final bid set construction drawings, specifications for permitting and bidding,and estimate of probable construction cost. 8 Iron Mountain Park Construction Documentation Scope—November 6,2017 Deliverables—FINAL bid set package(one set in scalable 11"x17"PDF,one set 22"x34"PDF,one set printed on paper 22"x34"),specifications(provided electronically in.doc or.docx),estimate of probable construction cost(in .xis or.xlsx format). Task 7 - Building Permits 7.1 DEQ 1200-C Erosion and Sediment Control—ESA will prepare and submit a separate erosion and sediment control plans and permit application to the Oregon Department of Environmental Quality(DEQ)at least 60 days prior to anticipated construction work. ESA staff will coordinate and address comments from DEQ staff. Deliverables— 1200c Plans and permit application. 7.2 Lake Oswego Commercial Building Permit Application Package ESA will provide the 90%Construction Doctunent plan and specifications to the City's Building Department for review and approval(LOPR to submit).This design package will include the design elements related to the public work permit,including utilities connections,driveway aprons,and other Right-of-Way improvements.The design team will address and re-submit design plans once more tar the permit. ESA understands that no separate Right-of-way permit submittal will be required, Deliverables—A copy of the 90%design package,building permit application.stormwater report,structural calculations,and revisions,as necessary. 7.3 Sign Permit.application Package ESA will prepare a figure and permit application for the Park's entry sign to the City for review and approval (LOPR to submit and the City will provide the desien details and dimensions of the proposed park sign for inclusion into this permit application), Deliverables—Completed permit application and supporting figures Task 8 - Bid Support 8.1 Provide Bidding Support—ESA will assist LOPR with the bid package by providing an updated set of bid set construction drawings,specifications,(1)copy of the stamped geotechnical report,and project permit approvals. We will assist LOPR with the development of the project bid form. The updated set of bid set construction documents will contain all revisions to date, including permit and land use revisions.We will provide limited assistance with the preparation of front-end bid book preparation, supplemental general conditions,and other contract conditions as required(up to 16 hours). The Consultant team will provide services during advertisement and bidding that include the following activities: • Attend pre-hid meeting(PM and Engineer) • Review material substitution requests • Provide responses to bidder questions and request for clarifications • Prepare addendums related to the proposed design or permit requirements(two anticipated) • Produce a bid result acceptance recommendation memorandum • Update Construction documents with all addenda items and prepare a conformed Construction Document set Deliverables: • Bid Set drawings in PDF format,(4)half size(11"x17") hard copies,and two(2)full-size(22"x34") hard copies • Technical specifications in.doc or.docx format • Review responses for submittals and shop drawings in PDF. .doc or.docx format 9 Iron Mountain Park Construction Documentation Scope—November li,2017 • Responses to Requests for Information via email • Responses to substitution requests via email • Recommendations memo regarding bid results in PDF format • Conformed construction document in PDF format one half-size(l 1"xl7")hard copies,and one full- size(22"x34")bard copies Task 9- State and Federal Permit Update. 9.1 Review and Coordination Meetings—The ESA Design team and LOPR staff will meet to review permits progress,constraints,update schedule,and communicate next steps.This task includes three progress and review meetings with LOPR staff(two hours each)at ESA during bid set preparation. 9.2 Joint Permit Application (JPA)Revisions ESA prepared a joint permit application(JPA)for proposed stream realignment and wetland enhancement in the approximate 7-acre study area at Iron Mountain Park for review by the Corps and DSL in the spring of 2017.The JPA included an approach to offset fill in Wetland A due to stream realignment by incorporating wetland restoration into the project design. The Corps approved the stream realignment and wetland restoration under a nationwide permit(NWP)2017-082 for stream restoration and DSL approval is pending under permit#59962—FP. This task includes preparing a revised JPA to include the additional impacts from park development: boardwalk construction at the edge of the Hunt Club Pond(Wetland B).pedestrian bridge over the realigned stream.ESA will submit the revised JPA to the Corps and DSL which will address the following: • Updated purpose and need of the project • Updated cut/fill quantities in wetlands and streams due to park development; • Description of additional construction methods and measures to minimize or avoid impacts to protected resources: • A brief summary of additional mitigation that references the mitigation plan described in Task 9.11 for RP District/wetland mitigation. • Updated permit figures/graphics per Corps/DSL requirements to show plan view and cross-sections of proposed excavation and fill in wetlands and streams. ESA will submit the revised JPA to the Corps and DSL and will answer minimal,clarifying questions from the agencies.The scope includes up to six hours of project team and agency coordination to facilitate permit approvals.This task also includes preparing an aquatic take permit and minor coordination(up to 4 hours) with ODFW in the event that a variance to the in-water work window is needed. Deliverables— Revised JPA and permit figures/graphics for submittal to DSL and the Corps to address new impacts to wetlands/streams from park development. Assuinptioit s'Excl usions: • Additional mitigation required by the Corps and DSL to offset wetland and stream impacts from park development can be incorporated into the mitigation plan described in Task 9.2 for the City of Lake Oswego. • The scope assumes that the revised application will be considered complete by the Corps and DSL. Requests for additional materials outside of the scope will be addressed through a contract amendment. • The Cultural Resource Assessment dated January 2017 is still valid and no additional Section 106 coordination will be required. • The park development project is covered under a Corps Nationwide Permit. • The scope excludes mitigation monitoring that will be required post-construction. • The scope excludes additional soil testing and coordination with DEQ that might be required to address existing contaminated media issues. • Permit fees will be covered by LOPR. 10 Iron Mountain Park Construction Documentation Scope—November 6,2017 9.3 Section 401 DEQ Water Quality Certification - An updated permit from the Corps is anticipated to require water quality certification from DEQ for pollution generating impervious surfaces proposed as part of park development. ESA will build from the stormwater management narrative described in Task 13.10 and prepare a"Post-construction stormwater management plan"to submit to DEQ. The plan will include a description of existing conditions,receiving waters,pollutants expected to be generated from the project,and treatment methods to achieve state standards. Deliverables—Post-construction stormwater management plan For submittal to DEQ. Assumptions: • Cost-effective,low-impact stormwater treatment can be accomplished on-site. • The storm water management plan for DEQ can rely substantially on stormwater treatment facilities proposed to meet city standards. • Review fees are covered by others. Task i 0 — Construction 10.1 Pre-Construction Meeting—ESA,Grummel Engineering,and PAE will attend a two-hour pre-construction meeting. Deliverables: Attendance list at the pre-construction meeting. 10.2 Construction Observation The ESA project team will assist LOPR with general construction questions, responses for RFIs,submittals,and approximately l6 weekly(2-hour)construction meetings with responses to questions(total of 100 hours).The structural engineer and the electrical and lighting engineer subconsultants will attend on a limited basis during the construction period(six meetings between the two subconsultants totaling 24 hours). The environmental engineer will attend on a limited basis during construction totaling 20 hours. Deliverables—RF1 responses,and submittal responses. Task t 1 - Project Closeout 11.1 Deliver As-Builts and CAD Files—Consultant shall coordinate with the Consultant team to verify,produce and compile record drawings(as-built)assembled from contractor's red-lined set for all site features and revise constniction plans accordingly.This is anticipated to be a 20-hour effort with a clean and legible submittal from the contractor. Deliverables-Two hard copies,and one electronic copy(DWG&PDF)of as-built drawings on a portable hard drive. Task 12 — Project Management and Administration 12.1 Project Coordination and Invoking—ESA project manager will perform project coordination tasks throughout the duration of the project. ESA will provide monthly invoices and track the project budget for 20 months. Deliverables— Project coordination. invoicing,and budget tracking Task I3 — Land use: Conditional Use and Technical Reports 13.1 Arborist Report-This task involves up to two(2)site visits by the arborist subconsultant to visually assess the health and structural conditions of up to approximately 200 trees in the Iron Mountain Park site.The arborist will prepare a report describing protection measures for trees to be retained in accordance with Article 55.08 of the Lake Oswego Code.Refer to Task 13.8 for a description of the Type 11 tree permit 11 Iron Mountain Park Construction Documentation Scope—November 6,2017 removal,protection plan,and mitigation plan. For the trees that need to be removed,this task includes tree removal findings for the applicable criteria in Article 55.02 of the Lake Oswego Code. Deliverables—Arborist Report. Assumptions: • Advanced tree assessment techniques such as climbing or testing for internal decay are not included. • The assessment covers up to 210 trees. • Preparation for and attendance of City or community meetings,hearings or appeals by the Arborist are excluded,but could be added with an amended scope and fee. 13.2 Geotechnical Analysis and Report(Including Slope Analysis)—The ESA team(Geotechnics)will conduct a geotechnical analysis and prepare a summary report.This work consists of the following: 1.Document Research and Review: We will review available project reports,historical documents,water well logs,subsurface and geologic information and published maps to develop an understanding of the anticipated soil,groundwater and geologic hazards at the site. 2.Site Reconnaissance:We will perform a site reconnaissance to observe the surface conditions of the site and the surrounding areas.Potential geologic hazards,drainage conditions,exposed soil,and groundwater conditions will be noted.We will coordinate clearance of existing site utilities via the required One-Call Service. 3.Explore subsurface soil and groundwater conditions by: •Excavating five to seven test pits to depths of 8 to 15 feet.Test pits will be excavated with a track-or wheel-mounted excavator.Obtain samples at representative intervals,observe groundwater conditions,and maintain detailed logs of the test pits. Drilling four borings to depths of 10 to 20 feet below ground surface or refusal,using a trailer-mounted drill rig.For each boring,obtain samples at representative intervals,observe groundwater conditions, perform Standard Penetration Testing,and maintain detailed logs.Two borings will relate to bridge abutments and two borings to pavement design. 4. Perform infiltration testing in three locations using the `open-pit falling head' method. 5. For boardwalk foundation investigations,perform explorations in 2 to 4 locations consisting of drive probes and/or hand auger borings. 6. Perform laboratory tests on selected soil samples to evaluate pertinent engineering characteristics.The laboratory program may include determination of natural moisture content,grain size distribution, Atterberg Limits,and fines content testing of selected samples. Specific tests will depend on conditions encountered. 7. Prepare a geotechnical report including descriptions of surface and subsurface conditions and a site plan showing exploration locations and other pertinent features.Exploration logs and laboratory test results will be included. This work will be supervised by an Oregon-registered geotechnical engineer who will apply his professional seal to the report.The results of these evaluations and recommendations pertaining to the following items will be presented: • A summary of site topography,geology,and subsurface conditions • Discussion of design alternatives with respect to geotechnical conditions • Evaluation of site suitability for on-site infiltration of stormwater and provide unfactored infiltration rates for design • Pavement section design recommendations to include subgrade,drainage,base rock and asphalt or concrete paving;permeable pavement or flatwork recommendations if required • Foundation design recommendation for bridge abutments and boardwalk foundation elements including foundation type,depth and width,bearing capacity,anticipated settlement,shoring,lateral soil loading and resistance,and seismic loading parameter 12 Iron Mountain Park Construction Documentation Scope—November 6,2017 • As needed,foundation design recommendations for other structures(shelter,restroom,play structures) including foundation type,depth and width,bearing capacity,anticipated settlement,shoring,lateral earth pressures,and estimated settlement for anticipated loads • Earthwork recommendations including excavation, subgrade preparation,re-use of existing soils as fill,cut and fill slope inclination,fill placement and compaction requirements,and constraints for wet- weather construction. Deliverables—Geotechnical Report in PDF format. 13.3 Major Development—Comprehensive Plan;Base Zone;Conditional Use Permit for Park—A Conditional Use Permit(CUP)is required for the development of a major public facility,in this case the development of Iron Mountain Park.The purpose of a CUP is to evaluate the proposed use to ensure compatibility with surrounding uses and to ensure conformance with the purposes and requirements of the district as well as other applicable criteria and standards of the City.ESA will prepare the Major Development application,which will consist of the following pieces including: • Narrative addressing applicable standards identified in the Pre-Application Conference notes • Scaled survey map • Scaled site plan • Building elevations as vendor supplied images • Slope analysis plan • AASHTO sight distance plan • Mitigation plan for RC/RP Districts • Detailed grading,utility,lighting and landscaping/street tree plans. ESA will prepare the narrative that addresses the applicable standards as well as a consistency analysis of the Comprehensive Plan and the Lake Grove Neighborhood Plan.The narrative will draw from the various technical studies that are discussed such as the Arborist Report,Geotechnical Report,Drainage Report, Traffic and Parking Study and the RP District/Wetland Mitigation Plan. The Major Development package will support the processing of the application through the public hearing process. The application package will also include pieces necessary to process the application,such as the mailing labels and proof of ownership of the property. A public hearing will be required for the Major Development application.ESA will provide two sets of mailing labels including name and addresses of all property owners within 300 feet of the site boundaries.The 300-foot radius will be expanded,if necessary, to meet the City's requirement of noticing a minimum of 50 property owners.ESA will prepare a basic map showing the required minimum radius and adjacent properties based on existing GIS data. In addition,proof of ownership,such as a copy of the deed or title report is required. Deliverables—Five collated application sets including items listed in the Pm-Application Conference Notes,Reductions(8 V2 x 1])of oversized materials(i.e. 11 x 17 graphics or supporting documentation), One proposed materials and colors board. Assumptions: • Land use submittal fees will be covered by Lake Oswego. • The City will provide a copy of the deed or title report for inclusion in the submittal. • A Major Variance is not required for the project.For example,the location of the proposed parking lot can be adjusted to avoid the need for a variance. 13.4 Minor Development for Stream Realignment-Proposed structures(pedestrian bridge and boardwalk), proposed fill in the existing stream channel,and removing trees as part of stream realignment are classified as Minor Development and will require a Development Permit.ESA will address the relevant construction and development standards including LOC 50.05.010.4d,50.05.010.5b-c,and 50.05.010.6b-c.This task 13 Iron Mountain Park Construction Documentation Scope—November 6,2017 also includes incorporating the approval criteria related to flood management areas described in more detail in Task 13.12. Deliverables—Narrative related to Minor Development Approval Criteria. Assumptions: • The narrative for the Minor Development will be incorporated into the Conditional Use permit to be submitted as one application. 13.5 Minor Development—RP District Delineation+Figures-Formally designating on-site wetlands,the unnamed stream,and protected woodlands in the Iron Mountain Park study area is classified as a Minor Development per LOC 50.0 7.00 3.20. We understand this task will need to be accomplished prior to other land use actions.ESA delineated the stream and two wetlands in the study area in August of 2015 and the Department of State Lands(DSL)provided concurrence on the surveyed boundaries in December 2015. Statewide Surveying professionally land surveyed the aquatic resource boundaries in 2015,and is currently surveying trees,contours and utilities as part of the Stream Restoration final design contract. To complete the RP District Approval process,ESA will provide a brief narrative addressing applicable code sections;will work with Statewide Surveying to provide a stamped and signed survey map of the RP District stream corridor/wetlands/woodland plus 30-foot buffers;and will address one set of revisions to the survey map based on comments from the City's On-call Wetland Consultant. In addition to the DSL- approved delineation map and report,two sets of mailing labels of 50 properties in the vicinity will be provided as part of a complete application for RP District approval.LOPR will post the sign required to notify neighbors of the proposal to formally designate the stream corridor/wetlands/woodland.After Planning approves the RP District Delineation application,ESA will prepare a"Notice of Development Restriction"and will work with Statewide Engineering to prepare a legal description and map of the RP District for recording with Clackamas County. Deliverables—Stamped and signed survey map showing minimum 2-foot contours,streams and wetlands, utilities and access easements,the 30-foot riparian area(8.5"x11"and 11"x17")(5 copies).Two sets of mailing labels of 50 properties in the vicinity."Notice of Development Restriction"form,legal description, and map of the protected resources to be filed with the Clackamas County Clerk's office. Assumptions: • Survey of trees approximately 30 to 40 feet upslope of the base of the hill will be sufficient for the RP Delineation process.If additional tree survey is required beyond the approximate 7-acre study arca,ESA can provide an amended scope and fee. • Parks staff will post the neighborhood notice and mail the notification letters using the labels and map provided by ESA. • Formally designating sensitive resources does not require mapping or surveying on private lands. • This task includes responding to two sets of comments from the City Planner related to map requirements or other recording issues.Up to 4 hours of staff time are allotted to respond to comments. • This task assumes up to 2 hours of coordination time with City Planning via phone or email;no meetings are anticipated for the RP Delineation approval process. • Parks staff will be responsible for signing and notarizing the"Notice of Development Restriction" form prepared by ESA.ESA will submit the signed,notarized form and approval legal description to the Clackamas County Clerk's office. • This task includes paying the Clerk's recordation fee of—$40. 13.6 Ministerial Development— Restoration Enhancement and Passive Recreation+Figures- Resource enhancement and passive recreation facilities such as a pedestrian bridge in the RP District are classified as Ministerial Development.This task includes addressing the purpose,methods and benefits of re-locating the unnamed stream and improving riparian habitat on-site.Because a small amount of wetland(0.17 acre) will be impacted as part of habitat restoration,this task will summarize the mitigation required to meet city 14 Iron Mountain Park Construction Documentation Scope—November 6,2017 standards(see Task 13.6 RPIWetland Mitigation Plan for more details).This task will build on the RP Delineation and include figures that show the existing and proposed resource enhancements. Deliverables—Narrative and figures related to Ministerial Development Approval Criteria. Assumptions: • The narrative for the Ministerial Development will be incorporated into the Conditional Use permit to be submitted as one application. 13.7 Plans:Scaled Site Plan; Grading Plan; Utility Plan;Landscape Plan-As indicated in the City's Pre- Application Conference Notes five(5)collated sets of plans, including a scaled site plan,grading plan, utility plan,and landscape plan,will be submitted as part of the application package. While ESA is preparing the construction drawings,the drawings needed to support the Major Development application require a different format and in some instances different information.As such,ESA will revise the 60% construction drawings as necessary to support the Major Development application. Deliverables—Five(5)sets of scaled drawing for Major Development application narrative and figures related to Ministerial Development Approval Criteria. 13.8 Type II Tree Permit,Protection,Mitigation Plan-This task will build on the Arborist Report described in Task 13.1 and will include the preparation of a tree removal permit application,a tree protection plan and a mitigation plan for the removal of trees that are not dead or hazard trees.The task will summarize the findings of the Arborist Report to be incorporated into the Conditional Use Application.This task includes preparing a tree protection plan in coordination with the arborist for the trees that will be retained.This task also includes a mitigation plan for replacing trees proposed for removal and will specify the location, type and number of native trees to be planted. Replacement trees will consist of native species and will be either a minimum of 1.5 inches caliper deciduous tree or a 6-foot tall evergreen tree according to the mitigation requirements in LOC 55.02.084.The tree replacement ratio is 1 to 1,unless the tree to be removed is a significant tree,then the replacement ratio is 2 to 1. Deliverables—Tree Removal Permit Application;Tree Protection Plan and Mitigation Plan. Assumptions: • Mitigation for tree removal can be located in the 30-foot riparian protection zone of the new stream alignment. • Mitigation is not required for trees less than 6 inches DBH. • This task excludes preparing a Verification Permit of trees slated for removal and also excludes marking trees in the field.These items can be added for an additional scope and fee. 13.9 Traffic and Parking Study Including Circulation,Connectivity,and AASHTO Conformance-Table 50.06.002-3 of the City's code does not include parking requirements for a park use. Absent a similar use on which to base the parking requirements,a parking study is required.A parking study will be prepared by Lancaster Engineering that will provide the average peak parking demand. In addition,a Traffic Study will be prepared to determine the location and configuration of the vehicular access and circulation for the parking lot.The Traffic Study will include a sight distance analysis to ensure that safe vehicular access and egress will be provided.The analysis will take alternate modes of transportation into consideration,such as bicycles and pedestrians. Deliverables—Parking Study/Traffic Study,AASHTO sight distance plan. 13.10 Drainage Report and Stormwater Management—Best Management Practices will be used to the extent feasible to reduce post-development runoff rates,volumes,and pollutant loads to match pre-development conditions.The design will ensure that stormwater management will avoid a net negative impact on nearby streams,wetlands,groundwater,and other water bodies.The stormwater system will be designed to comply with all local,state,and federal permit requirements. 15 Iron Mountain Park Construction Documentation Scope—November 6,2017 ESA will prepare a Drainage and Stormwater Management Report(Drainage Report)for a Large Project (impervious area greater than 3,000 square feet)that will quantify and describe all impervious surfaces on the site,including the identification of Total Impervious Area(TIA)and Effective Impervious Areas(EIA), for each proposed stormwater facility.The Drainage Report will document that stormwater management facilities are designed to capture and treat 80 percent of the average annual runoff volume,based on local rainfall frequency and intensity. In addition,the Report will document the flow rates and document that the design will maintain post-development peak flow rates at their pre-development(c. 1850)levels for the two-year,five-year,and ten-year,24-hour runoff events.The Drainage Report will demonstrate that the capacity,type,location,feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities as well as any connection to off-site facilities can be provided.In addition,the Drainage Report will contain an Operations and Maintenance Plan. Deliverables—Three(3)copies of Drainage Report,response to(1)round of comments on final drainage report. 13.11 Floodplain Management Area(FEMA base flood elevation)-The project team will delineate the floodplain boundary for the base flood elevation(126 feet on NGVD-29)on the topographic survey for this project. ESA anticipates some minor discrepancies between the floodplain boundary delineated by the surveyor for the base flood elevation of 126 feet and FEMA's mapped floodplain boundaries(Zone AE and Zone X). To support the land use application,ESA engineering staff will also prepare a figure that overlays FEMA's mapped floodplain boundaries(Zone AE and Zone X)on a topographic map of the site that includes the floodplain boundary delineated by the base flood elevation of 126 feet and provide a narrative to clarify the discrepancies between the floodplain boundary. ESA's water resources staff will coordinate with our park design staff to site park facilities in locations that are at a minimum one foot above the base flood elevation. Since the project will include a relocation and restoration of Iron Mountain Creek,a second figure will be prepared for the land use application to illustrate the proposed[flood plain]boundary based on the base flood elevation of 126 feet. It is assumed that this floodplain boundary will have the same or greater area. ESA's engineering staff will prepare a memorandum that will be stamped by an engineer registered in the State of Oregon that includes calculations that illustrate that the proposed site grading has a balanced cut and fill or a greater amount of cut from the floodplain. Deliverables—Base flood elevation contour labeled on the project's topographical survey that is stamped and signed by a surveyor registered in the State of Oregon.A figure illustrating the 126 base flood elevation contour along with FEMA's mapped floodplain boundaries.A figure illustrating the existing floodplain boundary and the proposed floodplain boundary for the proposed park and stream restoration work.Narrative to support the land use application A technical memorandum that describes and calculates the earthwork in the floodplain that is signed by an engineer registered in the State of Oregon. Assumptions: • A CLOMR and/or LOMR analysis will not be required. • ESA staff will not be required to attend and/or testifying at the land use hearing 13.12 RP District/Wetland Mitigation Plan-ESA will prepare a mitigation plan for wetland impacts and intrusion into the RP District due to park development that meets the requirements of LOC 50.05.010.4f-g. ESA prepared a mitigation approach to address wetland impacts resulting from proposed stream restoration.This approach was incorporated into the stream restoration design and has been approved by the Corps under a nationwide permit(NWP)2017-082 for stream restoration and is pending approval from the Department of State Lands(DSL)under permit#59962—FP.The Corps/DSL-approved mitigation approach is based on a 1:1 wetland restoration ratio;however,the City of Lake Oswego requires a 2:1 replacement ratio.The mitigation plan for proposed park development will amend the existing mitigation approach to meet the 2:1 ratio requirements and will address new impacts to wetlands/streams due to park amenities such as a boardwalk,overlook,and pedestrian bridge.The plan will address mitigation goals, objectives and performance criteria;measures taken to avoid and minimize impacts to protected resources; 16 Iron Mountain Park Construction Documentation Scope—November 6,2017 and will include a robust planting plan of native herbs,shrubs and trees for the benefit of wildlife habitat and water quality.The mitigation plan will also include a maintenance and monitoring schedule for up to three years. Deliverables—RP District and Wetland Mitigation Plan. Assumptions: • Mitigation required for tree removal in the RP District can be counted towards the mitigation required for RP District intrusion,i.e.tree removal impacts in the RP District will not be double-counted. • Mitigation can be accomplished on-site. • This scope excludes mitigation monitoring that will be required post-construction. 1 3.1 3 Neighborhood Meeting-The site is located in the Lake Grove Neighborhood Association and is abutted by the following five neighborhood associations: Bryant,Country Club-North Shore District,Lake Forest, Uplands and Waluga.Section 50.07.003.1.f of the City code requires that a neighborhood meeting be held prior to submittal of the application package.The purpose of the meeting is to present the proposal to the community and to receive community input regarding the proposal. If LOPR determines that modifications to the plans are desired,or required,based on feedback from the Neighborhood Meeting,ESA will prepare a fee amendment to perform these modifications. The plans need to be sufficiently developed and technical information made available in order for the meeting to be meaningful. ESA will prepare materials for the Neighborhood Meeting,including a preliminary site plan and other materials prepared for the Conditional Use submittal.Technical information will also be available,including one copy of each technical report to be used as a reference. ESA will prepare the mailing labels and the notices of the Neighborhood Meeting for the Lake Grove Neighborhood Association as well as the abutting neighborhood associations identified above. In addition, the mailing list containing names and addresses of officers of the association as well as the owners and residents will be provided to the City. ESA will attend and facilitate the Neighborhood Meeting(two hours),which will occur no sooner than 20 days from the date of mailing the notice. ESA will prepare the notice with review by LOPR. ESA will prepare the draft summary notes of the Neighborhood Meeting,which will be sent to the neighborhood chair within 14 days of the date of the meeting.The final notes will include any comments that are provided by the neighborhood chair.A copy of the summary notes will be submitted to the City along with the application package. Deliverables—Preliminary site plan poster will be prepared for the Neighborhood meeting;two illustrative sections and one materials sheet will also be prepared.ESA will prepare mailing labels for the meeting and draft and final meeting notes. Assumptions: • LOPR staff will mail the notices to the neighborhood groups and post the notifications at the study area per LOC standards. • ESA will provide the mailing labels and meeting materials including one copy of each technical report as a reference for meeting attendees to review. • LOPR will make final decisions regarding any potential design changes arising from input at the Neighborhood Meeting. -END- 17 ATTACHMENT 2 CITY OF LAKE OSWEGO REQUEST FOR PROPOSALS Iron Mountain Park—Engineering and Construction Documents Deadline for Submission of Bid: 2:00 PM September 5, 2017 o0)% s� v o OREGON Project Manager Bruce Powers, RLA, Project Manager 503-697-6575 bpowers@ci.oswego.or.us City of Lake Oswego Parks and Recreation Dept. Parks Planning Division 1500 Greentree Rd. Lake Oswego, Oregon 97034 l Iron Mountain Park—Engineering and Construction Documents CITY OF LAKE OSWEGO NOTICE OF REQUEST FOR PROPOSALS Iron Mountain Park — Engineering and Construction Documents The City of Lake Oswego invites submission of Proposals to provide demonstrated engineering and construction document experience in Parks and Recreation projects. Deadline for Submission of Bid: 2:00 PM, September 5, 2017 Submissions received after this time will be considered non-responsive and will be returned without review. Obtain Request for Proposal: 1. Email. Submit a request for the RFP by email to bpowers@ci.oswego.or.us (email is not deemed submitted until receipt is confirmed). 2. In Person. See the front desk at the Parks and Recreation Dept. at 1500 Greentree Road, Lake Oswego, OR during regular business hours. Submission of Proposal: Delivery of Hard Copy of Proposal One (1) original and three (3) copies of the proposal must be delivered to City, either by physical delivery or by mail, and a PDF version of the proposal must be submitted by email. Physical Delivery Proposals must be received by the deadline for Submission of RFP stated above at the following address: Physical Address: 1500 Greentree Road Lake Oswego, OR 97034 OR Mail(Early Submission Deadline): Proposals must be received and in the below PO Box by the time the City collects the mail from the PO Box (at or shortly after 8 AM). Proposals not in the PO Box when the City collects the mail will be deemed a late submission. It is the submitter's risk as to when the Post Office personnel will place mailed proposals in the PO Box. Mailing Address: P.O. Box 369 Lake Oswego, OR 97034 2 Iron Mountain Park—Engineering and Construction Documents AND Electronic Submission (E-Mail): Submit proposal in PDF format to bpowers@ci.oswego.or.us and copy dbalogh@ci.oswego.or.us . The submitter is urged to submit the electronic proposal at least 2 business hours prior to the deadline. If a "reply confirmation" of receipt of RFP is not received by the submitter 1 business hour prior to the deadline for submission, it is the submitter's responsibility to telephone the person named above to assure receipt of proposal. All communication and correspondence pertaining to this Request for Proposals should be directed to City Project Manager Bruce Powers, RLA at 503-697-6575 or by e-mail at bpowers@ci.oswego.or.us (email is not deemed submitted until receipt is confirmed). Copy all email communication to dbalogh@ci.oswego.or.us RFP Addenda: The City may issue addenda to this RFP until up to 4 business days prior to the deadline for submission of proposals. Proposers should confirm that they have provided their electronic email contact information at the time of obtaining this Request for Proposal. 3 Iron Mountain Park—Engineering and Construction Documents CITY OF LAKE OSWEGO REQUEST FOR PROPOSALS Iron Mountain Park — Engineering and Construction Documents Section 1: Introduction The City of Lake Oswego Parks and Recreation Department manages 628 acres of parks in and around the City of Lake Oswego. The system is a diverse collection of properties ranging from 0.2 to 151 acres, developed community plazas, highly designed parks, natural areas and a farm. In 2012 the department completed a community wide planning process to determine the system needs for the next 15 years. Four main goals were established to guide the department: 1. Filling Geographic Gaps— Ensure that all residents have access to essential recreation services. 2. Investing in Existing Parks and Natural Areas— Renovate existing parks and facilities; and stabilize natural areas to preserve existing City assets. 3. Providing Recreation Options—Create unique and diverse recreation facilities, programs and parks to serve a multi-generational community. 4. Enhancing Stewardship, Maintenance and Operations— Promote stewardship, conservation and sustainability through park and natural area operations and management. The City of Lake Oswego Parks and Recreation Department recently completed the master planning process for Iron Mountain Park. The master plan was developed with a parallel design project for relocation and restoration of the existing stream in the park. These two projects will continue in tandem throughout the design and construction process. Collaboration and coordination with the environmental restoration team is critical to the success of these two projects. Iron Mountain Park was identified in Parks Plan 2025 as meeting the need for natural character play areas, development of trails and pathways, identifying and integrating natural features, management of the property portfolio, and connecting natural corridors under the goal of"Filling Geographic Gaps". Within the goal of"Investing in Existing Parks and Facilities" this site meets the strategies of development of sustainable facilities, enhancing and expanding opportunities for exercise and sport, and protecting and preserving historic resources. Iron Mountain Park can also "Provide Recreation Opportunities" by development of the master plan, providing recreational programming to address essential services, and introduction of new recreation features and amenities. The final goal, "Enhancing Stewardship, Maintenance, and Operations", will be met at this site by restoring habitat, and conducting a public information program. Additionally,this unique site can provide the opportunity for dialogues about the relationship between the rich history of the past industrial uses and the natural beauty and benefits of natural areas. The Iron Mountain Park project requires a multi-objective design approach to providing safe and comfortable access, a rich interactive experience, while maintaining habitat and keeping the historical heritage evident. The intent of the Request for Proposals is to secure a professional design engineer consultant to lead the engineering and development of construction document preparation for Iron Mountain Park. The goal of the plan is to provide design and engineering documents for the primary features developed 4 Iron Mountain Park—Engineering and Construction Documents in the master plan. The consultant will also work with City staff and a Technical Advisory Committee (TAC) to develop the final construction documents. Section 2: Plan Area Current land use in the park includes open space/passive recreation and wildlife habitat (PNA — Park and Natural Area Zoning). Construction staging for the Lake Oswego Interceptor Sewer Project had been provided in the northwest portion of the lower, flatter area of the park. All property surrounding the park is zoned residential. Adjacent land uses include an equestrian center with stables (the Lake Oswego Hunt Club), and single-family residences located west of the Hunt Club and north of the Iron Mountain ridgeline. The park is bordered to the south by Iron Mountain Boulevard. Mining operations took place on the ridge from 1867 to 1894. Other land uses in the study area include farming activity prior to the 1950s, and single-family residences from the 1940s-1950s to 2003-2010. Two of the three houses were removed from the study area between 2003 and 2004 and the remaining house was removed in 2010. 4. 1/2 A, e 40. zit f w1 �� �a 'e �` i {' '0 siert, • • s A Iron Mountain Park Conceptual Plan CITY OF LANE OSWEGO PARRS AND RECREATION I LANE OSWEGO,OREGON NO.INEEP 3,110 Iron Mountain Park Master Plan 5 Iron Mountain Park—Engineering and Construction Documents Section 3: Scope of Services A. The project must meet the primary priorities of the Lake Oswego Parks and Recreation Department which are (in order of priority): Safety, Functionality, and Aesthetics. B. The project and final product must follow established City guidelines, policies, procedures, and practices, if applicable, from the following documents (available on the Lake Oswego Website): i. Parks Plan 2025, 2012 ii. Lake Oswego Open Space Plan, 2001 iii. Sustainability Action Plan for City Operations, 2014 iv. Historic Resource Protection Plan, 1989 v. Lake Oswego Urban & Community Forestry Plan, 2007 vi. Citizen Involvement Guidelines for Lake Oswego, 1990, rev. 2004 vii. Comprehensive Plan Part 1, 2013 viii. Transportation System Plan, 2014 ix. Parks and Recreation Facilities Survey Analysis, 2004 x. Iron Mountain Park Master Plan C. The Consultant will work with Parks staff to develop a Technical Advisory Committee (TAC). The purpose of the TAC is to provide technical assistance and recommendations to the team and will comprise relevant City staff and citizens approved by Parks Staff. The consultant will develop a project schedule that includes a minimum of four (4) TAC meetings. Parks staff will provide a list of potential TAC members to the consultant. D. Background information including park history, current restrictions, relevant zoning and code information, and related planning efforts will be provided by staff. Every effort for completeness will be made, but the Consultant will be responsible for verifying and completing comprehensive background research. E. The final engineering work and Iron Mountain Park Construction Documents will include the following components: 1. Schematic Design Documents* 2. Design Development Documents* 3. Construction Documents* 4. Permitting 5. Bid Support 6. Construction Support 7. Project Management 8. Project Close-Out *Schematic Design Documents, Design Development Documents, and Construction Documents: a. At 30% complete: i. Submit for review a set of scalable half size (11"x17") plans in pdf format. ii. Submit for review a general cost estimate. iii. Attend review meetings to discuss any city comments. b. At 60% complete, incorporating all city comments: i. Submit for review a set of scalable half size (11"x17") plans in pdf format. ii. Submit for review a table of contents for the specifications in Microsoft Word (.doc or .docx) format. 6 Iron Mountain Park—Engineering and Construction Documents iii. Submit for review a general cost estimate. iv. Attend review meetings to discuss any city comments. c. At 90% complete, incorporating all city comments: i. Submit a set of scalable half size (11"x17") plans in pdf format for review. ii. Submit for review specifications in Microsoft Word format (.doc or .docx) iii. Submit for review a cost estimate based on unit price in Microsoft Excel format (.xls or .xlsx). iv. Attend review meetings to discuss any city comments. d. Final construction ready plans, specifications, and cost estimate. i. All documents shall be sealed with the stamp of the engineer, registered in the State of Oregon, who is directly responsible for the project design. ii. Plans 1. Submit one paper set of full size (22"x34") 2. Submit a set of scalable half size (11"x17") and a set of scalable (22"x34") plans in pdf format. iii. Specifications 1. Shall be completed using the current standard City of Lake Oswego specifications and book layout. 2. Provide to the City, in Microsoft Word (.doc or .docx) format, an electronic copy of all project technical specifications developed by the consultant. iv. Estimate 1. A final engineer's estimate shall be submitted in Microsoft Excel format (.xls or .xlsx). F. General Information: 1. Review and analyze existing relevant documents related to Iron Mountain Park. Work with designated Parks staff to manage the project (designated Parks staff will guide the process and be the decision-making representative for the City of Lake Oswego). 2. Prepare reports and summaries, provide materials, document copies, and documentation for TAC meetings, staff meetings, planning commission meetings/correspondence, and City Council meetings/correspondence. 3. Attend and facilitate meetings as described below: a.) Four (4) Technical Advisory Committee (TAC) Meetings, to occur at the Parks and Recreation office located in Lake Oswego. b.) Planning Staff Meeting, (if required). c.) City Council Meeting, (if required). d.) Twelve (12) Parks staff meetings,to occur throughout the planning process. Staff meetings will occur at the consultant's office with-in the Portland Metro area. 4. Compose and submit "tangible deliverables", including but not limited to; reports, meeting notes, meeting materials, plans, and schedules. Reports will be submitted to the City in both PDF and Word Document file formats. Outline and content of the reports will be determined by the consultant and Parks staff. 5. Identify and document related code issues, limitations and constraints. 6. Compile and review existing documents, such as as-built drawings, master plans, reports, studies, and development codes. These include but may not be limited to plans and documents listed in the RFP. 7 Iron Mountain Park—Engineering and Construction Documents 7. Meet with representatives from the applicable governing agencies to identify local codes, ordinances and standards that need to be addressed as part of the development requirements for the project within the City of Lake Oswego. 8. Meet/ interface with City staff and TAC members to address individual concerns related to the construction documentation effort. 9. Research and call out any existing easements, boundaries, environmental zones, wetlands, etc. as they relate to the planning process. 10. Locate and call-out all existing utilities, structures, and improvements within the park boundary. The scope should be based on the primary elements specified in the Iron Mountain Master Plan, including but not limited to: • Paved parking lot for one bus and 20 cars • Nature-based "free-play" area • Restroom facility (pre-fab) selection, coordination and siting • Lower park area entry plaza and path design • Boardwalk design • Soft surface connection(s) to existing Bridle Trail • Picnic tables and benches (pre-fab) selection, coordination and siting • Picnic shelter (pre-fab) selection, coordination and siting • Gathering circle • Fence design • Trailhead and information kiosk design • Pedestrian bridge (pre-fab) selection, coordination, siting, foundation design • Water service design from ROW to site • Bicycle rack (pre-fab) selection, coordination, and siting • Planting design meeting City's stormwater, tree, and landscape code • Irrigation system design • ADA parking, access route, and wayfinding signage • Lighting and electrical service to the park Provide a detailed description of how you plan to address the following tasks and what deliverable(s) will be associated with the task. Provide additional tasks you feel need to be added. Task 1—Project Management and Administration Explain your management style and methods, meeting process and documentation, number and types of meetings, invoicing procedures, and project scheduling. Describe how you will work with the Technical Advisory Committee (TAC). List the deliverables for this task. Task 2—Schematic Design Schematic design (SD) will be required to take the Master Plan from concept to schematic. Describe the steps required to complete the process. List the deliverables for this task, including meetings and reviews. 8 Iron Mountain Park—Engineering and Construction Documents Task 3- Design Development Once City staff has approved the schematic design, the selected consultant will move into design development (DD). The City expects DD documents to be at a level of 30% complete. List all the steps required to provide a 30% level of DD documents and the related deliverables, including specification sections, preliminary cost estimate, meetings and reviews. Task 4—Construction Documents The construction document phase (CD) consists of preparing drawings, specifications (CSI format), permitting requirements, preliminary cost estimates, and construction phasing. The City expects to review documents at 60%, 90%, and 100% complete. List the steps required to provide each of these review level document sets and related deliverables, including meetings and reviews. Task 5—Permitting Explain how you will assist the City in obtaining the required permits and approvals for this construction project. List the permits and approvals required for a project of this type in the City of Lake Oswego, including local, state, and federal regulations. List the expected deliverables associated with the permitting process. Task 6—Bid Support Explain how you will assist the City in providing bidding support. List the deliverables associated with this task. Task 7—Construction Explain how you will support the City during construction of the project. List the deliverables associated with this task. Task 8—Project Closeout Explain your procedures for project closeout. List the deliverables for this task. Task 9—Assumptions and Exclusions Provide a detailed list of assumptions and exclusions related to the project as outlined above. Task 10—Sheet List Provide a list of plan sheet counts for related construction documentation. Section 4. Compensation Principles In accordance with ORS 279C.110(1), the initially-preferred Proposer will be notified to submit pricing policies and proposal or other pricing information, including the number of hours proposed for the service required, expenses, hourly rates and overhead within the time period stated by the Selection Panel, or its representative. Thereafter the City and the initially selected Consultant shall mutually discuss and refine the scope of services, and negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services. It an agreement is not reached with the initially-preferred Proposer, the next preferred Proposer shall be contacted and same process shall occur, until agreement is achieved with a Proposer and the City. Proposers are advised that the following compensation principles are generally desired by the City: 9 Iron Mountain Park—Engineering and Construction Documents A. Compensation 1. The City will compensate the selected Proposer(Consultant) for services provided under a task-based actual cost contract, with a not-to-exceed cost ceiling. B. Progress payments 1. Progress payments will be based on individual hours billed to individual tasks plus allowable expenses. Should the total fees earned, based on individual hours billed to individual tasks plus allowable expenses, at the completion of all deliverables, be less than the not-to-exceed cost ceiling, only the total fee earned will be paid to the Consultant. 2. Progress payments will be based on the Consultant's actual effort to complete the services pursuant to the approved personnel-loading chart which identifies all assigned personnel, hourly rates, services and level of effort for both the Consultant and any subcontractors. The hourly rates plus allowable expenses will include all direct and indirect costs and profit. No additional compensation shall be paid. C. Miscellaneous Costs 1. Normal and frequent office costs including information technology (including computer time and CAD services and other related highly specialized services), photocopies, phones, facsimiles, computer equipment, postage, parking, fringe benefits, payroll bonuses, autos and other perks,telecommunications, delivery/courier services, general business and professional liability insurance, advertising costs, leasing of office equipment, travel costs within a 50-mile radius of both the City of Lake Oswego and the Consultant's project office, and miscellaneous expenses of a minor nature shall be considered incidental costs to be included in the hourly rates, and non-billable as separate expenses. 2. Direct expenses that are billable will be limited and will be specifically listed in the Consultant's rate sheet, along with rates that will be paid without markup. D. Subcontracting 1. Subcontractor's services shall be paid at cost plus an amount not to exceed five (5%) percent. 2. Compensation for subcontractors shall be limited to the rates and restrictions as agreed to by the City and the selected Consultant. Section 5: Required Proposal Information Each Consultant proposing to provide engineering and planning services for this project RFP is required to respond to the following areas of information. A. The name and location of the principal office of the Consultant and any specialty Sub- Consultant(s). Contact information for the primary contact for this project including name, role, address, phone number, email address for: i. Notice of final rankings ii. Notice of Intent to Award a Personal Service Contract iii. Cancellation of the Planning Services procurement process B. Provide an organizational chart that clearly describes the Proposer's key participants,their role, and identifies their office location, including all sub-consultants. C. Provide three (3) professional references for contracts completed or in progress within the last five (5) years by the Proposer and all sub-consultants, that demonstrates experience with 10 Iron Mountain Park—Engineering and Construction Documents similar projects. References must include the project name and location, client name, a brief description of the scope and duration of the project, sub-consultants used, and total fees received by the Proposer and each sub-consultant, as applicable. Provide the name of the client contact with current address, telephone number, and a brief description of the relationship the Proposer's key participant had with the referenced project(s). D. Provide a detailed schedule highlighting key milestones and deliverables. Section 6: Submittal Requirements A. Responses to the RFP should be prepared providing clear, concise response to the requirements of the RFP. Proposals should be limited to no more than thirty (30) standard pages (8% x 11"), excluding cover letter, title page, table of contents, tabs and resumes. Resumes should be one (1) page only. Note: One sheet of standard paper, double sided is considered two standard pages. Provide one (1) original and three (3) hard copies of the proposal, and electronic PDF version (see Section 6.0 below for method of electronic submission of PDF version of proposal). Proposals must be formatted, organized, and contain specific information as listed below: B. The paper version of the proposal shall be bound with major proposal sections named and tabbed for easy reference. The information requested shall be submitted in a clear and concise manner and organized according to the general outline below. Proposal Outline Cover Letter— From the prime respondent written and signed by the individual proposed as the Project Manager, and Consultant Representative who has the authority to execute. Include email contact address for Notices under Subsection E below and phone number of main contact person. ii. Title Page— Include the subject of the RFP,the responding firm, the contact person's name, address,telephone number, email address and date of response. iii. Table of Contents—Organized by section titles and referenced to the information requested in the RFP. iv. Proposal—Including any suggested changes to the Scope of Service v. Comments on Form of Contract vi. Resumes vii. References C. See Deadline for Receipt of Proposal and Location for Receipt of Proposal on page one (1) of this RFP. For mailed or physically delivered version of the proposal, submit one (1) original and three (3) hard copies of the proposal sealed in an opaque envelope, clearly marked as follows: "Proposal: Iron Mountain Park— Engineering and Construction Documents". The electronic PDF version of the proposal shall be submitted to bpowers@ci.oswego.or.us no later than the date and time specified on page one (1) of this RFP. Copy dbalogh@ci.oswego.or.us D. Amend or Withdraw of Proposals. A proposer may amend or withdraw proposals any time prior to the time and date set for submission of proposals. E. Notice 1. The City shall provide electronic notification of the following actions to proposing firms being considered at the time the action is taken: Notice of final rankings ii. Notice of intent to Award a Personal Services Contract 11 Iron Mountain Park—Engineering and Construction Documents iii. Cancellation of the Planning Services procurement process 2. Proposers should not assume that any action has been taken unless they receive specific notification from the City. The City will attempt to notify all proposers of any changes to the schedule herein. If any proposer has reason to doubt if the City has received the proposal or addenda to proposal, it is the responsibility of the firm/ proposer to notify the City to ensure that proposal or addenda to proposal are received. Contact Bruce Powers, RLA, Project Manager as specified on Page 1 of this RFP. Section 7: Selection Procedures 1. General Procedures and Proposal Schedule Following submission of a written proposal, the City will select the top three (3) firms for an interview (see RFP Evaluation Criteria). The general schedule follows: (subject to change as needed to review and evaluate proposals): • RFP Open for Proposals—August 7, 2017 • Deadline to Issue RFP Clarifications or Changes —August 21, 2017 • Deadline to Receive Proposals—September 5, 2017 (2:00 PM) • Announce Ranking of Proposing Firms—September 13, 2017 • Schedule Top Three Firms for Interview—September 18, 2017 • Conduct Interviews— September 21, 2017 • Determine Final Ranking of Top Three Firms—October 4, 2017 • Notify Top Three Firms of Final Rankings—October 5, 2017 • Issue Notice of Intent to Award Contract—October 9, 2017 • Award of Contract—October 16, 2017 • Issue Notice to Proceed —October 23, 2017 2. RFP Evaluation Criteria Proposals will be evaluated according to the following RFP Criteria. Proposals with top scores (top 3) will be selected for an interview with the selection committee. The proposals will be reviewed and scored by the Project Manager and other selected staff (selection committee), based on the following evaluation criteria: • Clarity and completeness of proposal — maximum 30 points • Project understanding and approach — maximum 30 points 12 Iron Mountain Park—Engineering and Construction Documents • Demonstrated experience of proposer with similar projects — maximum 25 points • References— maximum 15 points 3. Interviews Interviews are an opportunity to present your proposal and communicate to the Selection Committee how your firm's approach, experience, philosophy, and individual team members will make this project successful. This is also an opportunity to communicate how you will administer and manage the project. In addition to presenting qualifications, experience, and the proposer's approach to the project,the interviewees will be expected to respond to questions from the panel regarding the firm's proposal as well as additional questions related to other pertinent matters related to the RFP. Sixty minutes will be allowed for the interview (forty minutes for proposer's presentation and twenty minutes for Q&A). The Selection Committee members will score each presentation on a maximum of 100 points. Once interviews are completed,the Selection Committee will add the numerical scores of written proposals and of the interview together, from the interviewed proposers. 4. Compensation and Refinement of Scope of Services Negotiation Unless the City elects to reject all proposals for whatever reason following evaluation of proposals,the Selection Panel shall notify the initially-preferred Consultant to submit within the period established by the Selection Panel: (1) the Consultant's rates for expenses and hourly rates and overhead; and (2) the Consultant's pricing policies and other pricing information. The Consultant is advised that time is of the essence in completing this portion of the selection of a Consultant for the Project; the Selection Panel shall notify the initially- preferred Consultant of dates/times for discussion of the compensation level and refinement of scope of services. The initially-preferred Consultant shall discuss with the Selection Panel, or its representative, the scope of services for the project and the conditions of the project related to compensation level and performance schedule, based on the scope of services, and any requested modifications to the form of Contract. The method of discussion may be by telephonic means or in person, as directed by the Selection Panel. It shall be within the sole determination of the City whether the compensation level is reasonable and fair to the City. If the Selection Panel and the initially-preferred Consultant are unable to agree on the compensation level and refinement of the scope of services, Contact terms, and any other conditions relating to the Consultant's performance, within the time period established by the Selection Panel, the Selection Panel may either extend the deadline if the Selection Panel determines it would be in the best interest of the City to do so, or may terminate discussion with the initially-preferred Consultant. Upon termination of discussions, either according to the initial schedule by the Selection Panel or as extended, the Selection Panel shall notify the initially-preferred Consultant that consideration of the Consultant for the Project is terminated. The Selection Panel shall then notify the next preferred Consultant of dates/ times for discussion of the compensation level and refinement of scope of services, and each shall proceed as provided above until either agreement is reached or consideration of the next preferred Consultant is terminated, and so forth until agreement is reached with a Proposer or all Proposers have been considered. 13 Iron Mountain Park—Engineering and Construction Documents Notice of Intent to Award the contract shall be issued to each Proposer, and any protest of either the designation of the initial top three proposers, or of the three interviewed proposers the designation of the highest ranking proposer must be submitted as provided in Lake Oswego Public Contract Rules OAR 137-48-0240. Section 8: Administrative Information 1. Applicable Laws and Regulations—Public Disclosure of Proposals Any information provided to the City pursuant to this RFP is subject to public disclosure pursuant to Oregon's public records laws (ORS 192.410 to 192.505); all submissions shall not be subject to release until selection of the successful Consultant. The general requirement for public disclosure is subject to a number of exemptions. Each page containing information deemed by the respondent as necessary to remain exempt from public disclosure after RFP's have been evaluated (e.g. pages containing trade secret, economic development information, etc.) should be plainly marked. The firm should separate and mark all information that the firm believes is exempt from public disclosure. Marked pages of"confidential information" should be placed in a group separate from the remainder of the proposal. The fact that a firm marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. The City will make an independent determination regarding exemptions applicable to information that has been properly marked and segregated. Information that has not been properly marked and segregated shall be disclosed in response to a public records request without City review for "confidential information". 2. Requests for Clarification or Changes to RFP All substantive questions and requests for clarification or changes to the RFP shall be made in writing, via email or in person and directed to the person listed below: Bruce Powers, RLA, Project Manager City of Lake Oswego 1500 Greentree Road Lake Oswego, OR 97034 503-697-6575 bpowers@ci.oswego.or.us No email shall be deemed to be received by the City unless confirmation of receipt is received by the sender. 3. Addenda A. General Information Pre-Proposal Interpretation of Contract Documents—The City reserves the right to make changes to the RFP. Firms may request or suggest any change to the RFP by submitting a written request. The request shall specify the provision of the RFP in question and contain 14 Iron Mountain Park—Engineering and Construction Documents explanation for the requested change. The request must be submitted ten (10) days prior to the date of the receipt of proposals. B. Notice of Addenda Changes to the RFP will be made by written addendum, which will be issued not less than seven (7) days prior to the date/time set for receipt of proposals. Notice of addenda will be published on the City's Bid Management System at http://ww.ci.oswego.or.us/bids/ only. Proposers should check this website until closing; i.e. at least once weekly until the week of closing and daily the week of closing. 4. Protests A. Applicable Laws and Procedures Proposer who chooses to object or protest must deliver a written protest to the following person: Ivan Anderholm, CPRE, Parks and Recreation Director City of Lake Oswego 1500 Greentree Road Lake Oswego, OR 97034 A protest is delivered when it is actually received by the aforementioned addressee. A protest shall be deemed to include only the documents timely delivered pursuant to this section. It must clearly state all of the grounds for the protest and must include all arguments and evidence in support of the protest. Testimonial evidence may be submitted by affidavit. The City may investigate as it deems appropriate in reviewing the protest and will issue a written response to the protest. The City will decline to review a late protest. 5. Incurring Costs The City is not liable for any cost incurred by proposer prior to issuance of a Personal Services Contract or purchase order. All prospective proposers who respond to this RFP do so solely at the respondent's cost and expense. 6. Form of Contract Proposing firms are advised to carefully review the Form of Contract, which is part of this RFP and attached as "Attachment A— Form of Contract". Any comments, questions, concerns, or objections to the terms of the Form of Contract must be stated in the proposer's response to the RFP as noted in Section 5 Submittal requirements. Prequalification Applications: None Required. Proposal Security Required: None Required. Public Contract Rules: Except as modified by the terms of his Request for Proposal, the terms and procedures of the Lake Oswego Public Contract Rules (LOPCRs) shall apply. A copy of the LOPCR may be obtained by 15 Iron Mountain Park—Engineering and Construction Documents contacting the Project Manager or at the Lake Oswego City Attorney's office website, www.ci.oswego.or.us/cityatty/Resources/"Lake Oswego Public Contract Index" Cancellation / Rejection of Proposals. The City may cancel this Request for Proposal or reject any or all proposals, in accordance with ORS 2796.100 Attachments: Attachment "A" — Form of Contract 16 Iron Mountain Park—Engineering and Construction Documents Attachment 'A' Form of Contract 17 Iron Mountain Park—Engineering and Construction Documents �t,A F Os LAKE OSWEGO _40th4., CITY COUNCIL MEETING �� CITIZEN COMMENT Date: _ Subject: / Address: City/State/Zip: ..- ) Phone: f Are you part of an Organized Presentation? Yes No If yes, list speakers in order of presentation: You will be called to the microphone at the appropriate time. Submit this form to the City Recorder before or at the meeting LAKE OSWEGO CITY COUNCIL MEETING V �� O CITIZEN COMMENT EGO\-\• Date: 115 Subject: t i t {f � Name: c,, Address: 1,5" C:r ;v, 01 City/State/Zip: Lc—\ e o '<-3 0 Phone: ► RC) Are you part of an Organized Presentation? Yes_ No If yes, list speakers in order of presentation: You will be called to the microphone at the appropriate time. Submit this form to the City Recorder before or at the meeting • E O LAKE OSWEGO o�Oes CITY COUNCIL MEETING V O CITIZEN COMMENT OaEGO� � Date: \L J C32 Subject: 100C, 741 VI-O °= �? Li Name: C17 PNAR) _ Address: LAdf City/State/Zip: Lr, r ? G ® Phone: - 6 '< Are you part of an Organized Presentation? Yes_ No If yes, list speakers in order of presentation: You will be called to the microphone at the appropriate time. Submit this form to the City Recorder before or at the meeting o�VA F Os LAKE OSWEGO �: CITY COUNCIL MEETING 10- 81 CITIZEN COMMENT OREGON Date: (1/ 5 /./ Subject: `� f , ,,4i Name: \.)• fir L1-. .. — ,.-,0- ` - Address: ' ` 7 1 ' leZ .1 City/State/Zip: t 4:1Ear` :; , 'firi .. .'''' Phone: '51.)'-. Are you part of an Organized Presentation? Yes_ No If yes, list speakers in order of presentation: You will be called to the microphone at the appropriate time. Submit this form to the City Recorder before or at the meeting o,. Eos LAKE OSWEGO 2, CITY COUNCIL MEETING tJ �� O CITIZEN COMMENT 7.REGs_71\-" Tlayto a ai Date: / ' 5 Subject: DP-C- Name: } a.04 Address: i. r ; \ 11/ gm City/State/Zip: L 770 ;5( Phone: 0 e3` 6 \ - -j- ( 5 Are you part of an Organized Presentation? Yes _ No _ if yes, list speakers in order of presentation: You will be called to the microphone at the appropriate time. Submit this form to the City Recorder before or at the meeting AGENDA ITEM NUMBER _ DATE C`r , Le� 1 f[' . . • atAKE oswF LAKE OSWEGO CITY COUNCIL REQUEST TO SPEAK NEUTRALLY ON THE ITEM OR THEPPE L 64\rn? tom,xi G Ar- o 5 e pv iy xd 171-2. tev, fru, p Subject 77-, i'�R 042, V" i Name ar (1,5 01416/36) �* • es&cckc {S Cc-04,1 /1j{.Kid O (4!`' UO6,11Afl 174-p S1O RiL A1""" 7 t'( xi' ,%03 Address Number Street City 0Z 6IR-219 1- 662-. 5763. 56 ft 4� � State Zip Telephone : S1nakGcACt., CZNA Are You Part of an Organized Presentation? ❑ No ❑Yes If Yes, List Speakers In Order of Presentation. The Mayor will call you to the microphone at the appropriate time. SUBMIT To CITY RECORDER 8.1 c7"\,,A. 4�� COUNCIL REPORT 0 0 pREG0_ TO: Kent Studebaker, Mayor Members of the City Council FROM: Kari Duncan Water Treatment Plant Manager SUBJECT: Resolution 17-67: Lake Oswego-Tigard Water Partnership Operations Plan. DATE: November 17, 2017 MEETING DATE: December 5, 2017 ACTION/SUGGESTED MOTION Adopt Resolution 17-67, a resolution of the Lake Oswego City Council adopting an Operations Plan for the Lake Oswego-Tigard Water Partnership. INTRODUCTION/BACKGROUND On August 6, 2008, the cities of Lake Oswego and Tigard entered into an Intergovernmental Agreement ("Agreement") creating the Lake Oswego-Tigard Water Partnership ("Partnership"). Among other obligations created by the Agreement, Article XII, Paragraph 12.1 stipulates in part "Not later than 180 days from the date of substantial completion of the Initial Expansion', the Parties shall adopt an Operations Manual for the Supply Facilities2,...". Substantial completion of the Supply Facilities was achieved on May 24, 2017. DISCUSSION Pursuant to the Article XII, Paragraph 12.2, an Operations Committee was formed and tasked with development of the Operations Manual ("Plan"). A final draft of the Plan was presented to the Oversight Committee ("OVC") at its October 18, 2017 meeting. An executive summary of the Plan was shared with the OVC along with a recommendation from the Operations Committee that the OVC endorse the Plan and forward the Plan to each respective city council with a "do pass" recommendation for adoption.The OVC concurred with Operations Committee staff resulting in the request before the Council. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 RECOMMENDATION Adopt Resolution 17-67, a resolution of the Lake Oswego City Council adopting an Operations Plan for the Lake Oswego-Tigard Water Partnership. ATTACHMENTS 1. Resolution 17-67, with Exhibit A, Lake Oswego-Tigard Water Partnership Operations Plan. 1 The IGA defines Initial Expansion as"The design, permitting and construction of new and expanded Supply Facilities...to provide 32 million gallons per day capacity by 2016 with the capability to further expand up to 38 million gallons per day...when it appears the water demands of the parties will exceed 32 mgd." 2 The IGA defines Supply Facilities as"The facilities utilized by the Parties [ ] consisting of Water Treatment Plant Facilities,Transmission Facilities,Water Storage Facilities, and other facilities necessary for the treatment and conveyance of potable water to the Parties." 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 17-67 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ADOPTING AN OPERATIONS MANUAL RELATING TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD FOR WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION. WHEREAS, on August 6, 2008, the cities of Lake Oswego and Tigard ("Parties") executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation ("Agreement"); and WHEREAS, the Parties have completed construction of an expanded water supply system ("Supply Facilities") to supply drinking water to the two cities and their respective retail and wholesale customers; and WHEREAS, the Agreement requires the Parties to jointly develop and adopt an Operations Manual ("Plan") for the Supply Facilities; and WHEREAS, an Oversight Committee, created by the Agreement, has reviewed the proposed Plan and recommends it be adopted by the Parties. NOW,THEREFORE, IT IS RESOLVED by the Lake Oswego City Council that: Section 1. The Operations Plan, in the form attached hereto as Exhibit'A,' is hereby adopted. Section 2. Effective Date. This Resolution shall take effect upon passage. Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on the 5th day of December, 2017. AYES: NOES: EXCUSED: ABSTAIN: Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder APPROVED AS TO FORM: David Powell, City Attorney Resolution 17-67 EXHIBIT A TO RESOLUTION 17-67 0 Lake Oswego • Tigard Water Partnership sharing water•connecting communities Lake Oswego-Tigard Water Partnership Operations Plan Table of Contents (11/29/2017) I. INTRODUCTION II. PURPOSE OF MANUAL III. DEFINITIONS IV. SUPPLY FACILITIES A. River Intake Pump Station (RIPS) B. Raw Water Pipeline (RWP) C. Water Treatment Plant (WTP) D. Finished Water Pipeline (FWP) E. Waluga Reservoir No. 1 (WR1) F. Waluga Reservoir No. 2 (WR2) G. Bonita Pump Station (BPS) H. Aquifer Storage/Recovery (ASR) I. Appurtenances J. West Linn/LO/Tigard Emergency Intertie Pump Station V. LAND AND EASEMENTS—See Appendix B VI. SUPPLY FACILITIES OPERATIONS A. Managing Agency a. Authorities b. Communications c. Interruptions to Service d. Supply to Tigard e. Emergency supply f. Supply to/from Others 1 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT- 11/29/2017 g. Water Quality h. Energy Efficiency i. Hours of Operations j. Curtailment VII. INSPECTION AND MAINTENANCE A. Objectives a. Extended life cycle b. Safety c. Reliability d. Performance VIII. SPECIFICATIONS AND STANDARDS IX. RECORDS AND REPORTING X. TECHNOLOGY XI. PURCHASING PROCEDURES XII. PERSON ELL POLICIES XIII. APPENDICES A. Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation. a. Amendment No. 1 b. Amendment No. 2 c. Amendment No. 3 d. Amendment No. 4 B. Lands and Easements. C. Supply Facilities Map. D. WR1/WR2 —Valve positions for modes of operation. E. Master list of wholesale and emergency supply agreements. F. PGE/Enernoc Agreement. G. PGE Alternate Service Agreements. a.WTP b. RIPS H. West Linn/Lake Oswego/Tigard Emergency Intertie Agreement. 2 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT- 11/29/2017 I. Communications Plan a. Internal b. External J. WES Industrial Discharge Permit K. DEQ 200J Backwash Water NPDES Discharge Permit L. Hazardous Materials Management Plan 3 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 I. INTRODUCTION This Operations Manual has been prepared and adopted to meet the requirements of Article XII of the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation.' II. PURPOSE OF MANUAL This Operations Manual establishes standards and protocols for the supply of water from the Supply Facilities to the retail and wholesale customers of the Party's to the Agreement in addition to generally accepted utility operations best management practices for all aspects of the Supply Facilities. OPERATIONS COMMITTEE City of Lake Oswego: Primary: Kari Duncan Water Treatment Plant Manager Secondary: Kevin Batridge Assistant Water Treatment Plant Manager City of Tigard: Primary: John Goodrich Public Works Manager Secondary: Aaron Beattie Water Operations Supervisor III. DEFINITIONS 1.1 Definitions As used in this Operations Plan, the following terms when capitalized shall have the following meanings: 1.1.1 Agreement — the document also known as "Intergovernmental Agreement Between Lake Oswego and Tigard Regarding Water Supply Facilities, Design, Construction, And Operation" and any amendments thereto. 1.1.2 Capacity — capability from the various components of the Supply Facilities to produce or deliver water; measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million gallons per day (mgd), or other comparable measurement and available based on current operating conditions consistent with generally accepted engineering and operating practices. 1.1.3 Curtailment Plan — A written plan developed for curtailment of water service in accordance with OAR Chapter 690 Division 86 rules. Lake Oswego's Curtailment Plan was adopted through Ordinance 2517. 1 See Appendix A. 4 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 1.1.4 Demand — the amount of water used or projected to be used by a Party and imposed on the Supply Facilities to serve a Party's Retail Customers, its existing Wholesale Customers and ultimate service area measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute, (gpm), million gallons per day (mgd), or other appropriate measurement. 1.1.5 Existing Wholesale Customers — for Lake Oswego these are Lake Grove Water District, River Grove Water District, Skylands Water Company, Glenmorrie Water Cooperative, and Alto Park Water District. For Tigard, these are the cities of King City and Durham and the Tigard Water District. 1.1.6 Fiscal Year—the time period as defined under ORS 294.311(17). July 1—June 30. 1.1.7 Planning Forecast — the document submitted by the Parties in accordance with Article 8.2 of the Agreement which shows the Demands of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities. 1.1.8 Summer Period—June 1 through October 31. 1.1.9 Supply Facilities — the facilities utilized by the Parties consisting of Water Treatment Plant Facilities, Transmission Facilities, Water Storage Facilities, and other facilities necessary for treatment and conveyance of potable water to the Parties. A map of the Supply Facility components is provided in Appendix C. 1.1.10 Surface Water Rights — those water rights held by Lake Oswego registered with the State of Oregon Water Resources Department, which allow for diversion of water for use at the Water Treatment Plant Facilities. 1.1.11 Winter Period— November 1 through May 31. 5 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 IV. SUPPLY FACILITIES DESCRIPTION A. RIVER INTAKE PUMP STATION (RIPS) Physical address: 105 E. Clackamas Blvd., Gladstone, OR 97027. Lat: 45°, 22', 39.80" N; Long: 122°, 35', 31.77" W. General facility description: Reinforced concrete construction with access-bridge rated for 120,000 lb crane support (see Crane Load detail below). Pump arrangement: 4 vertical turbine pumps with variable frequency drives (space provided for future 5th pump/VFD); 480v, 3 phase, 60 Hertz. Electrical service includes 13kV primary service (Jennings Lodge sub-station) and fully redundant 13kV secondary service (Abernethy-Clackamas Heights sub-station). Current nominal capacity—32 mgd; Current firm capacity @ rated head —28.5 mgd (19,800 gpm) Future nominal capacity— 38 mgd; Future firm capacity @ rated head — 38 mgd (26,400 gpm) Reference Documents: Work Order#204—Construction record drawings and specifications. Agreement for Alternate Electrical Service (see Appendix G). Pump Removal SOP (template name: RIPS-T05-L02-PumpRemoval.doc). THF BRIDGE I5 DESIGNED FOR THE FOLLOWING LIVE LOADING IN ACCORDANCE WITH THE 2014 MSHTO LRFD BRIDGE DESIGN SPECIFICATIONS (5TH EDITION).. ALL LIVE LOADS INCLUDE A 3394 IMPACT FACTOR. SERVICE AND STRENGTH-I LIMIT STATES: • NL-83: DESIGN TRUCK (OA TRUCKS PER LRFD 3.6.7,3) OR THE DESIGN TANDEMS AND THE DESIGN LANE LOAD, STRENGTH-II LIMIT STATE: • BRIDGE DESIGNED FOR THE FOLLOWING CRANE Prc ING SCENAAZOS. w.1Mud OUTRIGGER LOADS NOT TO EXCEED THE FOLLOWING: Oq (30K MAX. CONCURRENT LOAD) O� O 2'-0" MIN. DIAMETER Rq (5OK MAX. LOAD ANY PAD) 14'40'-0. R=BU'-4" `. a Wv N CV Y Y 1 HO"-O 0. (30K MAx. CONCURRENT LOAD) 50 TON CRANE LOADS No SCALE 6 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 B. RAW WATER PIPELINE (RWP) RIPS to Meldrum Bar Park 7,668 feet of 48-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating, cement mortar lined. Working pressure: 100 psi; working pressure with surge allowance: 150 psi. Meldrum Bar Park to Mary S. Young Park 3,930 feet of 36-inch diameter, butt welded steel pipe. 0.625" wall thickness, polyurethane lining and coating. Working pressure: 150 psi; working pressure with surge allowance: 225 psi. Mary S. Young Park to WTP 1,488 feet of 46-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating and cement mortar lining. Working pressure: 100 psi; working pressure with surge allowance: 150 psi. Reference Documents: Work Order#205 —Construction record drawings and specifications. Also see Section 8 "Appurtenances". C. WATER TREATMENT PLANT (WTP) Physical address: 4260 Kenthorpe Way, West Linn, Oregon 97068. Lat: 45°, 23', 08.64" N; Long: 122°, 37', 55.75" W. General facility description: Conventional water treatment facility with ballasted sedimentation, ozone, high rate granular activated carbon filtration and 2 million gallon buried clearwell. Pump arrangement: 5 vertical turbine pumps: 2 constant speed, 3 with variable frequency drives (space provided for future 6th pump with RVSS). 2 vertical turbine backwash pumps with variable frequency drives. All pumps 480v, 3 phase, 60 Hertz. Electrical service includes 12.47kV primary service (Sullivan- Robinwood sub-station) and fully redundant 12.47kV secondary service (Oswego-Marylhurst sub-station). Current nominal capacity—39 mgd; firm capacity @ rated head —31.4 mgd (21,800 gpm) Future nominal capacity—47 mgd; firm capacity @ rated head —39 mgd (27,250 gpm) Reference Documents: Work Order#206—Construction record drawings and specifications. Agreement for Alternate Electrical Service (see Appendix G). WL/LO/Tigard emergency intertie Agreement (see Appendix H). WES Industrial Discharge Permit (see Appendix J). 7 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 DEQ 200J Backwash Water NPDES Discharge Permit. (see Appendix K) Hazardous Materials Information System (HMIS)/Hazardous Materials Management Plan (HMMP). (see Appendix L) OMS Connect Electronic Operations and Maintenance Manual for the Lake Oswego Tigard Water Partnership. INFOR Configured Assets Asset Management Database for the Lake Oswego Tigard Water Partnership. HACH WIMS, Water Information Management System, Water Quality Database. D. FINISHED WATER PIPELINE (FWP) WTP to Laurel St. @ Erickson St. 12,877 feet of 48-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating, cement mortar lined. Working pressure: 145 psi; working pressure with surge allowance: 225 psi. Laurel St. @ Erickson St. to Iron Mtn. Blvd. @ Mulligan St. 13,308 feet of 42-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane lining and cement mortar lined. Working pressure: 150 psi; working pressure with surge allowance: 225 psi. Iron Mtn. Blvd. @ Mulligan St. to Quarry Rd. @ Douglas Way. 11,154 feet of 36-inch diameter, double lap welded steel pipe. 0.25" wall thickness, polyurethane coating and cement mortar lining. Working pressure: 133 psi; working pressure with surge allowance: 200 psi. Quarry Rd. @ Douglas Way to Waluga Reservoir#1. 1,285 feet of 24-inch diameter, pressure class 150, ductile iron water main with joint restraint. Asphaltic exterior coating with polyethylene encasement, double thick cement mortar lining with asphaltic seal coat. Working pressure: 150 psi; working pressure with surge allowance: 250 psi. Waluga Reservoir#1 to Bonita Road Pump Station 626 feet of 30-inch and 1,832 feet of 24-inch diameter, pressure class 150, ductile iron water main with joint restraint. Asphaltic exterior coating with polyethylene encasement, double thick cement mortar lining with asphaltic seal coat. Working pressure: 150 psi; working pressure with surge allowance: 250 psi. Reference Documents: Work Order#207—Construction record drawings and specifications. 8 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 E. DISTRIBUTION STORAGE (WR1 &WR2) Physical address: 4800 Carman Drive, Lake Oswego, OR 97035. Lat: 45°, 24', 50.32" N; Long: 122°, 43', 30.73" W. General facility description: Waluga #1 - Circular, pre-stressed wire wrapped and post tensioned reinforced concrete reservoir constructed in 1981. The reservoir is approximately 192-feet in diameter and approximately 20-feet deep from floor to the overflow. Capacity when full is 4 MG. Waluga #2 - Circular, pre-stressed wire wrapped and post tensioned reinforced concrete reservoir constructed in 2014. The reservoir is approximately 131-feet in diameter and approximately 34-feet deep from floor to the overflow. Capacity when full is 3.5 MG. Reference Documents: Work Order#208—Construction record drawings and specifications. Reservoir isolation SOP (see Appendix D). F. BONITA PUMP STATION (BPS) Physical address: 14344 SW Milton Ct., Tigard, Oregon 97223 Lat: 45°, 24', 58.11" N; Long: 122°, 45', 1.45W. General facility description: Reinforced concrete and cement masonry unit construction. Dual pressure zone pumping capability as follows: Pressure Zone (PZ) 470—VTP 10, 20, 30, and 40: Vertical turbine diffusion vane pumps with variable frequency drives; rated capacity of 2,550 gpm @ 235 feet of dynamic head. 250 HP, 480v, 3 phase, 60 Hertz. Pressure Zone (PZ) 410—VTP 60, and 50 (future): Vertical turbine diffusion vane pumps with variable frequency drives; rated capacity of 3,130 gpm @ 180 feet of dynamic head. 200 HP, 480v, 3 phase, 60 Hertz. Electrical supply— Primary supply from PGE. Alternate supply: Diesel engine generator—800kW with 2,200 gallon sub-base tank and automatic transfer switch. Generator is sized to run heating and cooling equipment and to operate two PZ 470 and one PZ 410 VTP's. Reference Documents: Work Order#209—Construction record drawings and specifications. 9 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 7. AQUIFER STORAGE RECOVERY (ASR) SYSTEM The City of Tigard ("Tigard") developed an ASR program beginning in 2002 with the ASR-1 well system located in the 410 Pressure Zone ("PZ"), and adding increased capacity in ASR-2 well system, located in the 470 PZ in 2006. Tigard has operated the program for 13 years to provide supplemental peak water supply. Tigard has partially developed a third ASR well system in the 550 PZ, scheduled for completion before 2020. The ASR well systems design concept is using excess winter finished water supply to inject into ground water aquifers ("Aquifer") for short-term storage ("Storage"). Stored water ("Recovery") is pumped from the aquifer into the distribution system to provide supplemental water for peak day demand. Water quality and aquifer level monitoring are required under the limited license agreement with Oregon Water Resources Department (OWRD). Under normal operations, the system is cycled from recovery to storage through injection, and then recovery again. However, with the new water treatment plant expansion and water supply system upgrades constructed under the auspices of the Lake Oswego-Tigard water partnership, ASR is taking on a different role as an emergency supplemental water supply system. Emergency supply would be necessary to supplement loss of capacity due to diminished plant capacity or river intake diversions (conditional water rights use). Tigard also has perfected groundwater rights within the aquifer that allow up to 1,634 gpm duty recovery or about 2.35 mgd. These are in conjunction with ASR stored water. Based on this, Tigard has the ability to pump a minimum of 1,634 gpm in "native" ground water. Tigard has one well located in the 410 PZ built in 1948, and capable of about 400 gpm or 0.6 mgd. Tigard does not have any other "dedicated" well water only pump units. ASR-1 System Specifications: Single ASR well pump and injection system, with maintenance chlorination using 12.5% commercial product hypochlorite in 40-gallon transportable container and single pulse pump. • Injection rate (using small booster pump) is 600 gpm • Storage capability of about 100 million gallons; 143 million gallons achieved in 2004 • Recovery rate (using well turbine pump) is 1,000 gpm or about 1.4 mgd • Requires water quality sampling prior to "start-up" —Tigard may begin routine monitoring to enable faster emergency response time. • Emergency Power provided by on site system. ASR-2 System Specifications: Single ASR well pump and injection system, with maintenance chlorination using on site hypochlorite generator (salt system) in batch container and dual pulse pump. • Injection rate is 600 to 1,200 gpm. • Storage capability of about 200 million gallons; 201 million gallons achieved in 2012. • Recovery rate (using well turbine pump) is 1,400 gpm or about 2 mgd. 10 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 • Requires water quality sampling prior to "start-up" —Tigard may begin routine monitoring to enable faster emergency response time. • Emergency Power provided by on site system. ASR-3 System Specifications: • Single ASR well drilled and tested. • Pump tests indicated recovery response at about 1,400 gpm. • Similar building and equipment as constructed at ASR-2 well system. • Project completion scheduled in 2020. • Emergency Power included in design parameters. 2016 ASR Groundwater Capacity: ASR-1: 1,000 gpm — 1.4 mgd. ASR-2: 1,400 gpm — 2.0 mgd. Well 2: 400 gpm - 0.6 mgd. TOTAL:2,800 gpm—4.0 mgd. 8. APPURTENANCES o Impressed current cathodic protection system — (see eOM template https://lo- oms.ci.oswego.or.us/#6864906.) o Combination air vacuum/air release valves (see e0M template https://lo- oms.ci.oswego.or.us/#7006001.) o Drain assemblies (see e0M template https://lo-oms.ci.oswego.or.us/#7006001.) o Seismic safety valve (WR2) (see eOM template https://lo- oms.ci.oswego.or.us/#5226608.) 9. OTHER ASSETS o Emergency intertie pump station V— LAND AND EASEMENTS: See Appendix B. VI —SUPPLY FACILITIES OPERATIONS A. Managing Agency The Supply Facilities described herein and graphically depicted in Appendix C, shall be operated by the City of Lake Oswego for the exclusive benefit of the citizens of Lake Oswego and Tigard and their respective wholesale customers. In the performance of its duties established in this Operations Manual, the Managing Agency shall adopt and implement best utility practices to assure economy of operation, longevity of life-cycle performance and mitigation of supply shortfall risks. a. Authority of Managing Agency -To achieve its water supply objectives, the Managing Agency shall have the authority to: 11 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 1. Temporarily interrupt normal supply service for the purposes of inspection, maintenance, repair or replacement of the Supply Facilities. 2. Enter into contracts for services relating to the operation, inspection, maintenance, repair or replacement of the Supply Facilities. 3. Supply surplus water to existing wholesale customers. 4. Supply emergency water to others if available. 5. Create, modify or adjust treatment techniques or processes as necessary for compliance with all relevant drinking water regulations and standards. 6. Create, modify or adjust supply operations as necessary for compliance with the following federal and state regulatory documents: i. Biological Opinion, NWR -2012-1675,July 18, 2013; titled "Endangered Species Act Biological and Conference Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Lake Oswego-Tigard Water Supply Project, Willamette River (HUC 170900120104), Gladstone, Clackamas County, Oregon (Corps No.: NWP-2012-105." ii. Final Order in the Matter of Lake Oswego Water Use Permits S-32410 and S- 37839, Oregon Water Resources Department, April 20, 2011. 7. The annual effective dates during which diversions at the River Intake Pump Station may be reduced to achieve compliance with the above regulations are as follows: i. Biological Opinion - First Period: August 21 through September 15; Second Period: September 15 through September 30. ii. Final Order - First Period: the day after the first Monday in September through June 30; Second Period: July 1 through the first Monday in September. b. Communications -The Managing Agency has developed communications and reporting protocols for a variety of anticipated conditions or events including: 1. Normal operating conditions. 2. Non-normal operating conditions. 3. Emergency operating conditions. The communications and reporting plan is incorporated as Appendix Ito this Plan. c. Interruptions to Service— Minimize frequency and duration of interruptions in supply through vigilance and sustained preventative maintenance efforts. Interruptions to supply service may occur for a variety of reasons including: 1. Planned inspections, maintenance or repairs. 12 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 2. Corrective or emergency inspections and repairs. 3. Regulatory restrictions or constraints. 4. Emergency supply to others. 5. Acts of God. At a minimum, the following agencies must be notified of planned or unplanned supply interruptions: • Tualatin Valley Fire & Rescue. • Cities of Tigard, West Linn and Lake Oswego (Public Works Departments). • Lake Oswego Fire Department. • Lake Oswego Communications (LOCOM). In the event of an interruption to water supply service, the Managing Agency will implement the appropriate communication protocol. Unless the interruption to supply service results from an unanticipated event or act or an emergency, the Managing Agency shall provide not less than 72-hours advance notice of the interruption to affected parties. The notice will include the following details: 1. Cause for the service interruption. 2. Anticipated duration of the interruption. 3. Estimated date/time for resumption of water service. 4. Special instructions to affected parties to facilitate the interruption and later resumption of service. d. Supply to Tigard—The Managing Agency shall operate the Supply Facilities in a manner that provides for a continuous supply of potable water to the City of Tigard via the Waluga Reservoir complex and Tigard's Bonita Road Pump Station. The total storage volume of Waluga Reservoir No. 2 is 3.5 million gallons (MG) of which 1.8 MG is allocated for the exclusive use of Tigard. Refer to Appendix D for valve positions for the following modes of reservoir operations: 1. WR1/WR2 in service— Normal operating mode. 2. WR1 in service/WR2 out of service. 3. WR1 out of service/WR2 in service. 4. Emergency supply from Tigard —WR1/WR2 in service. e. Emergency Supply—The City of Lake Oswego maintains intersystem connections with other water suppliers. Supply of water to or receipt of water from others on an emergency basis is subject to availability and the terms of the emergency supply agreements. f. Non-emergency Supply to/From Others—The City of Lake Oswego has entered into wholesale water supply agreements with the following agencies: 1. Rivergrove Water District (RGWD). 2. Lake Grove Water District (LGWD). 3. Skylands Water Company (SWC). 4. Glenmorrie Water Cooperative (GWC). 13 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 5. Alto Park Water District (City of Portland). Rivergrove, Skylands, and Glenmorrie are groundwater systems of limited quantity and quality. Lake Oswego and Portland supply Lake Grove water on a wholesale basis, with each supplying about 50% of Lake Groves annual supply volume. Supply of water to the above agencies is subject to availability of surplus treated water capacity. Due to hydraulic constraints or limited supply capacity, RGWD, SWC, GWC, and City of Portland have not historically supplied water to Lake Oswego. Appendix E, is a tabulation of information concerning each of the above agencies and their respective agreements for receiving surplus water from the Lake Oswego distribution system. This document should be reviewed annually and updated as necessary. PGE/ ENERNOC Demand Response Program —The City of Lake Oswego participates in the PGE/ENERNOC demand response program. This is a voluntary program where large power users are asked to curtail their use during several (2-3) peak demand events in the summer and winter. Prior notification is given and if sufficient storage is available the Partnership can elect to participate in the program by shutting down or cutting back pumping at the RIPS, WTP and Bonita Pump Station. The City would be paid per Kwh for the amount of power use curtailed during each event and can make up the difference in use before and after the event. Refer to Appendix F for the terms and duration of the Enernoc Agreement. g. Water Quality—The Partnership owns a state-of-the-art water treatment facility capable of treating and delivering up to 32 million gallons per day (mgd) of drinking water to Lake Oswego and Tigard residents. In Table 1 below, minimum water quality standards are listed along with partnership goals. In the event treated water quality does not satisfy LOTWP goals at the locations specified in table 1, notification will be made to each partner explaining the circumstances along with a plan for correction of the excursion including required modification of operations and/or additional resources. Where no standard of goal is given, the EPA and State Regulatory limits are the goal. 14 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 TABLE 1 Water Quality Goals Water Quality Units EPA/OHA LOTWP Note Parameter Standard Treatment Goal Total/fecal coliform #/100 mL 0% positive leaving WTP Turbidity CFE NTU < 0.3 95% of < 0.1 95% of the Follow OHA (Combined Filter time, Always < time, Always < Optimization Effluent) 1.0 0.3 Goals Turbidity IFE NTU <0.3 for 15 <0.2 for 15 (Individual Filter minute minute intervals Effluent) intervals Turbidity Settled NTU None < 2.0 95% of the time Cl2 mg/L >0.2 at entry > 0.5, target As agreed upon point, < 4.0 0.8-2.0 by Operations Committee Pathogen 4-log 4-log Removal/Inactivation Viruses Giardia 3-log 3-log Cryptosporidium 2-log 2-log Disinfection by- Ug/L LRAA 80 LRAA < 60 product Trihalomethanes Haloacetic Acids ug/L LRAA 60 LRAA < 40 Bromate ug/L 10 10 Synthetic Organic ug/L Varies < MCL Chemicals Volatile Organic ug/L Varies < MCL Chemicals Inorganic Chemicals ug/L Varies < MCL Unreg (AL, B, Mn,Ag, mg/L Varies < Secondary V, Zn) MCL 0.2 pH Secondary 7.8 target, Based on lead MCL 6—8.5 allowed range and copper of 7.2-8.5 optimization Alkalinity mg/L CaCO3 18-30 Algal Toxins Unregulated Follow Increase Ozone State/EPA Dose if Toxin is guidance for detected in Algal Toxins source water 15 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 ENERGY EFFICIENCY Wherever possible the operations team will run the facilities in the most energy efficient manner. This may involve running for the longest possible hours at the lowest flow rates, taking advantage of off peak pumping hours, and maintaining equipment so that it performs optimally. The Partnership operations should strive to run the facilities for optimum energy efficiency within reasonable staffing parameters. ASR INJECTION Tigard shall operate its ASR system in a manner that will allow for emergency supply in the event of a water curtailment requirement or trigger...lf Tigard uses ASR water to mitigate for a curtailment event, then LO will share the cost of this water. HOURS OF OPERATION The RIPS, WTP and Bonita Pump station shall be operated in a manner which meets daily water demands and Storage requirements of both Tigard and Lake Oswego in a manner agreed upon by all members of the Operations Committee. Operating hours and staff schedules will be in conformance with the Lake Oswego Municipal Employees Association and/or all other employee contracts in effect. A planned change in operating hours of RIPS, WTP or Bonita Pump Station must be noticed and agreed upon verbally by members of the Operations Committee one week in advance of the change unless an emergency or an ENERNOC demand response event. In the event of an ENERNOC demand response event, notification may be less than one week but participation in the event must still be mutually agreed upon by members of the Operations Committee. CURTAILMENT In accordance with Article XII, paragraph 12.3 of the Partnership Agreement, the partners, (Lake Oswego and Tigard) agree to share in temporal reductions in diversions due to low river flow conditions. Additionally, pending conditions of approval expected to be issued in conjunction with the issuance of water right permit extensions as well as each partners "Water Management and Conservation Plan" will address this issue. The Partners also agree to apply the same curtailment conditions and strategies to current wholesale customers as the partners apply to their respective retail customer base. 16 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 In practice, Tigard intends to use its ASR (Aquifer Storage and Recovery) capacity to mitigate any extended flow reductions from the LOT supply system to avoid the triggering of its level one curtailment condition. Depending on the size and duration of the diversion reduction,Tigard may be able to increase its ASR use to mitigate similar impacts in Lake Oswego and avoid triggering their level one curtailment conditions. In the above mentioned scenario where Tigard's additional ASR use benefits Lake Oswego, Tigard's additional costs will be calculated and submitted as a future credit to normal LOT operational expenses. VII. INSPECTION AND MAINTENANCE A. Objectives a. Extended life cycle b. Safety c. Reliability d. Performance Staff in charge of inspection and maintenance of the Partnership facilities should track and follow a preventative maintenance work management plan using a Computer Maintenance Management System (CMMS). All Assets provided as part of the Lake Oswego Tigard Water Partnership facilities project include preventative maintenance work schedules established in an Equipment Record Form. Work orders have been developed by WTP staff and will generate automatically when a piece of equipment is due for service. Readings and rounds lists are also developed that contain specific inspection requirements for facilities and equipment. IX. SPECIFICATIONS AND STANDARDS Planning, design, construction and operation of drinking water facilities is subject to a variety of federal, state and local codes, regulations and standards. It should be the responsibility of the Managing Agency to assess the applicability of such codes, regulations and standards when making planning, design, construction or operating decisions. Design and construction for new water system facilities shall comply with the following: • Oregon Standard Specifications for Construction — 2018 or current edition; and • City of Lake Oswego General Conditions and Special Provisions for Construction; and • City of Lake Oswego Engineering Design Standards; and • Oregon Administrative Rules Chapter 333, Division 061 "Public Water Systems". 17 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 In the event of conflict between these regulations, codes and standards, the most stringent will apply. X. RECORDS AND REPORTING The managing agency shall maintain comprehensive treatment, water quality and maintenance records. Local, State and Federal regulatory reporting is listed in Table 2.. If the Managing agency fails to monitor in a timely manner and/or submit a report on time this must be brought immediately to the attention of the Operations committee and Partner agencies. Appropriate corrective action should be determined and followed by the managing agency. Table 2 Reports Report Due Date Frequency Receiving Agency Monthly Water Quality 10th of each Month Monthly Oregon DHS Report Bromine/Bromate 10th of each Month Monthly Oregon DHS Gladstone Sewer Last Day of each Bi-Monthly City of Gladstone Discharge Report Month WES Industrial Discharge Last Day of each Monthly Water Environment Services Report Month and City of West Linn Disinfection Byproducts Jan. Apr. Report TTHM's and Quarterly OR-DHS HAA5's (4) July, Oct. Consumer Confidence July 1 Annually Water Customers/Oregon Reports DHS Annual Water Use Report December 31 Annually Oregon WRD Nitrate, Arsenic, VOC's December 31 Annually Oregon- DHS NPDES #200-J Discharge January 15 Annually Oregon DEQ Monitoring Report SOC's 2019/2021/2024 Every 3 Years / Oregon-DHS 2 Cons. Qtrs. 18 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 Lead and Copper 2020/2023 June — Every Three Oregon-DHS Sept. Years Asbestos 2020 Every 9 Years OR-DHS Inorganic Chemicals 2022 Every 9 Years Oregon-DHS Radiological 2022 Every 9 Years Oregon-DHS LT 2 Cryptosporidium 10th of each Month Monthly Oct Oregon DHS 2016-Sept 2018 UCMR 4 2018-2020 2018-2020 US EPA (CDX System) Future Reports As released Xl. TECHNOLOGY The Partnership recognizes the critical importance of security and appropriate use of technology in the operation of the water supply facilities. The Partnership and managing agency should follow all EPA and OHA guidelines and requirements for cybersecurity in the design, management and operation of the water control system (SCADA). For business technology systems, the Water Treatment Plant and supply facilities will use and follow the Information Technology policy and procedures of the Managing Agency. XII. PURCHASING PROCEDURES: Partnership staff will follow the Managing Agency Finance Policy and Procedures and the State of Oregon Public Procurement Requirements. 19 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 XIII. PERSONELL POLICIES All staff and managers that operate and maintain Partnership facilities will follow the Personnel Policies and Contract of the Managing Agency in full. The City of Lake Oswego Personnel Policy Manual: http://lo- webl.ci.oswego.or.us/private/HR/CityofLakeOswegoPerson nelPolicies.htm The Lake Oswego Municipal Employee Agreement Contract: http://www.ci.oswego.or.us/hr/labor-agreements . a. TRAINING AND DEVELOPMENT: The Partnership recognizes the importance of training and professional development for all employees. Continuing education related to certifications and licenses required for the position will be supported. Participation in professional organizations and professional development may be approved by the Manager as long as it does not place an undue burden on staff ability to perform their work. Partnership employees will follow The City of Lake Oswego Personnel Policy No. 3-5 "Courses, Classes, Seminars" and the LOMEA Article 24 "Training." 20 Lake Oswego-Tigard Supply Facilities Operations Manual FINAL DRAFT-11/29/2017 APPENDIX A INTERGOVERNMENTAL AGREEMENT INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION,AND OPERATION DATED AU4LI S E 1L' ,2008 BETWEEN THE CITY OF LAKE OSWEGO AND THE CITY OF TIGARD C:IDocaments and SettingslgrecrlLocal Scttinga Tcrnporary Internet FilesLCantent.[7utloak\ 2D 2WYX1183039.dac TABLE OF CONTENTS Page RECITALS 1 ARTICLE I Definitions 3 ARTICLE II Warranties and representations of the Parties 11 ARTICLE III Management 12 ARTICLE IV System Ownership 19 ARTICLE V Property; Creation of Tenancy in Common 21 ARTICLE VI Design and Construction of Supply Facilities 24 ARTICLE VII Operation and Management 28 ARTICLE VIII Supply Facilities 32 ARTICLE IX Expansion Rights and Requirements 36 ARTICLE X Leasing 40 ARTICLE XI Sales to Others 43 ARTICLE Xli Operations Manual 44 ARTICLE X111 Withdrawal,Termination of Membership. Sale of Assets and Dissolution 46 ARTICLE XIV Dispute Resolution 51 ARTICLE XV Completion of Initial Expansion of the Supply Facilities 53 ARTICLE XVI Notices 54 ARTICLE XVII General Provisions 55 C:\0ocumcnls and Settingslgrreelocal Ssttiags\Tcmpnrary Intcmel FsleslCnntcnt.Outlook1121)82WYMI83039.dac: LIST OF EXHIBITS Exhibit 1 Existing Real Property,Supply Facility Components and Valuation Exhibit 2 Service Areas Exhibit 3 Map of Supply Facilities Exhibit 4 Surface Water Rights Exhibit 5 Supply Facilities Capital Improvement Program (to be adapted by Councils) Exhibit 6 Determination of Tigard Buy-In Exhibit 7 Allocation of System improvement Costs to the Parties ii C'lllocuments and Set tingslgresrlLocal Stttingsll'entpexary]niernat Files\'ontcnt.Outiook1Y2ri82WYX11113439.doc This Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, And Operation is dated , 2008 (the "Agreement"), by and between the City of Lake Oswego ("Lake Oswego"), an Oregon municipal corporation and the City of Tigard ("Tigard"), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as the"Parties." RECITALS WHEREAS, the City of Tigard operates a municipal water supply utility under ORS 225, with transmission, storage and distribution facilities to deliver potable water to Customers within the area of the Cities of Tigard. King City, Durham, and the remainder of the Tigard Water District; WHEREAS, the City of Lake Oswego operates a municipal water supply utility under ORS 225, which treats and distributes potable water to Retail Customers and sells water at wholesale to the Lake Grove Water District, the River Grove Water District. Skylands Water Company, Glemnorrie Cooperative Association and Alto Park Water District(the"Existing Wholesale Customers"); WHEREAS, Lake Oswego has existing water intake and water treatment facilities, transmission, storage facilities (hereinafter "Supply Facilities") together with distribution facilities and water rights; WHEREAS, the Supply Facilities require capital improvements to repair and replace existing assets and to construct new improvements,all at a significant cost; WHEREAS. Tigard desires to acquire an ownership interest in the Supply Facilities to obtain a permanent source of raw water and treatment facilities for potable Page 1 —Lake Oswego-Tigard Water Supply Agreement C,U7ocumrntx and ScttingslgrrerlLocaI Se ning9lTamporary Internet FileslCantant.duilook1121382WYX1113303a,doc water and also needs to make capital improvements for storage and transmission facilities; and WHEREAS,the Parties jointly funded a study by Carollo Engineers known as the Lake Oswego and Tigard Joint Water Supply System Analysis dated July, 2007 ("Carollo Report"); and WHEREAS, the Parties agree that, based upon the Carollo Report, there are significant benefits by jointly taking action to perfect existing water rights, construct, repair, replace, expand and otherwise improve the Supply Facilities infrastructure necessary to supply that water to the Parties and to realize or mitigate potential environmental impacts and benefits; and WHEREAS, prior to the execution of this Agreement, the Parties worked in a collaborative, open. and participative manner to select an operating framework that best serves the needs of the Parties,and this Agreement incorporates those precepts: WHEREAS, the Parties agree that creation of this Intergovernmental Agreement and investment by the Parties shall provide the Parties with stability and local control over the source of supply, build ownership equity in the Clackamas River System. provide for flexibility in the use and allocation of water, provide for flexibility for management of water resources for enhanced costs and operation efficiency, create opportunities to share and trade staff resources, expertise and technological capabilities, and being fully advised, NOW, TIIEREFORE, in consideration of the mutual covenants and agreements contained herein,the Parties agree as follows: Page 2—Lake Oswego-Tigard Water Supply Agreement CADocuments and Settizgslgrerrll.acal Settings\Temporary Internal FiEcalCrrntern.Outlook1121)82WYx11li3039.doc ARTICLE I DEFINITIONS 1.1 Definitions As used in this Agreement, the following terms when capitalized shall have the following meanings: 1.1.1 Agreement--this Agreement 1.1.2 Book Depreciation Life -- the years used to depreciate an asset in accordance with Generally Accepted Accounting Principles. 1.].3 Capacity — capability from the various components of the Supply Facilities to produce or deliver water; measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million gallons per day (mgd), or other comparable measurement and available based on current operating conditions consistent with generally accepted engineering and operating practices. 1.1.4 City of Lake Oswego — an Oregon Municipal Corporation in Clackamas, Multnomah, and Washington Counties. Oregon. 1.1.5 City of Tigard—an Oregon municipal corporation in Washington County, Oregon, 1.1.6 Clackamas River Intake Pump Station—an existing structure comprised of a reinforced concrete building and all equipment and materials contained therein or any future expansion, modification or replacement thereof that allows water to be withdrawn from the Clackamas River and pumped through the raw water transmission line to the Water Treatment Plant Facilities. The Clackamas River Intake Pump Station ownership and its Page 3—Lake Oswego-Tigard Water Supply Agreement ['• ocuments and Settingalgreerlt.oral Seningsl'lemporary Internet Files1ConIent.OutInokli2D82WYX1193039.doe agreed value arc more fully described in Exhibit 1 which, exhibit may be updated and revised by resolution of the Parties. 1.1.7 Curtailment Plan -- A written plan developed for curtailment of water service in accordance with OAR Chapter 690 Division 86 rules. 1.1.8 Demand—the amount of water used or projected to be used by a Party and imposed on the Supply Facilities to serve a Party's Retail Customers its Existing Wholesale Customers and ultimate service area measured in cfs, gallons, gpd, gpm,mgd, or other appropriate measurement. The basis for determining Demand may be waived or modified by the Parties due to unusual circumstances such as a fire,emergency, etc. l.1.9 Depreciated Replacement Cast Value--the value calculated in the current year by multiplying the original cost of the asset times the index in the Engineering News Record Construction Cost index 20-City Average, 1913-100 as published in the Engineering News Record for the year of evaluation. The products shall be divided by Engineering News Record Construction Cost Index 20-City Average, 1913=100 as published in the Engineering News Record for the year placed in service. The result shall then be depreciated from the year placed in service to the year of evaluation using the Book Depreciation Life. The formula's is expressed as follows: DRC=(CC*ENRe 1 ENR°)*(1-(Y`-Y")/BDL)) Where: DRC=Depreciated Replacement Cost Value. Page 4—Lake Oswego-Tigard Water Supply Agreement CADoeumcnta and ScttingalgrcerJ oca1 SettinOremporary fntcrnet Hiles1Cnntent.Outlook112D82WYX1183O39,dm CC=construction cost. ENR°= Engineering News Record Construction Cost index for the year of evaluation. ENR°= Engineering News Record Construction Cost Index for the year placed in service. Ye=Year of evaluation. =Year placed in service. BDL=Book Depreciation Life. 1,1.10 Existing Wholesale Customers — the Lake Grove Water District, River Grove Water District, Skylands Water Company, GIenmorrie Cooperative Association, and Alto Park Water District who arc served at wholesale by Lake Oswego as if they were a Retail Customer of LO under the terms and conditions of this Agreement, The Cities of King City and Durham and the Tigard Water District are contractually served by Tigard and for purposes of this Agreement shall be defined as existing wholesale customers. The parties recognize that the status of these entities are contractual and may change over time as determined by the affected Party to this agreement and the existing wholesale customer. 1,1,11 Fiscal Year—the time period as defined under ORS 294.311(17). 1.1.12 Local Government Investment Pool (LGIF) — The Oregon State Treasurer's Local Government Investment Pool, subject to regulatory oversight by the Oregon Secretary of State and administered by the Oregon State Treasury. Page 5—Lake Oswego-Tigard Water Supply Agreement ['.IDocurnenis and Serving\grealLocal Settings\Temparary h tcrnet PiiesWontent.Outlook1121]82wYY1183039.doc 1.1.13 Municipal Bond Index -- The rate as published by the State of Oregon Treasury Department entitled "Oregon Bond Index — Oregon A Rated 20 Year" for the first date after the beginning of the fiscal year. Should said rate cease to be published, then the Parties shall determine another comparable index. The date used for determination of the rate may be modified by the Parties in the event of unusual market circumstances (such as declaration of war by the United States). L I.14 Planning Forecast--the document submitted by the Parties in accordance with Article 8.2 which shows the Demands of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities. 1.1.15 Project -- The design, permitting and construction of new and expanded Supply Facilities, as generally described in the City of Lake Oswego and Tigard Water Service Area Joint Water Supply System Analysis dated July,2007 by Carollo Engineers ("Carollo Report")to provide 32 million gallons per day capacity by 2016 (the Initial Expansion) with the capability to further expand up to 38 million gallons (Longterm Expansion) per day when it appears the water demands of the Parties will exceed 32 mgd. At the completion of initial Expansion, the Lake Oswego allocation shall be 18 million gallons per day and the Tigard allocation shall be 14 million gallons per day. .1.16 Properly--Property shall be parcels of real property owned in fee simple, by easement or other interest over, under or upon which the supply Page 6—Lake Oswego-Tigard Water Supply Agreement C:\Documens and Settings\greer\Local Seumg,51Tempo ary lntemct Filo\Conten.Outlook ll2D81WYX1183U39 d c Facilities are or will be located as part of the Initial Expansion or Long Term Expansion. Property currently held by Lake Oswego will remain in the name of Lake Oswego until completion of the Initial Expansion. Until completion of the Initial Expansion,Tigard shaII have an equitable interest as if it were a vendee under a land sale contract. Additional properties acquired as part of the Initial Expansion or the Long Term Expansion shall be acquired as tenants in common in proportion to the Parties' allocation of capacity. 1.1.17 Retail Customers — A user within the Party's service area boundary to which users may be added from time to time by annexation, extra- territorial extension of service, merger and/or consolidation or by intergovernmental agreement among the Parties pursuant to ORS 190. A municipal corporation or other entity, which purchases water for resale, shall not be considered a Retail Customer. 1.1.18 Service Area -- The existing and future service area for each Party as identified in the Carollo Report, as set forth on Exhibit 2, and as may be modified by the Parties or pursuant to Section 17.8.3 of this Agreement. 1.1.19 Summer Period—June 1 through October 31. 1.1.20 Supply Facilities — the facilities utilized by the Parties identified in the Carollo Report consisting of Water Treatment Plant Facilities, Transmission Facilities, Water Storage Facilities, and other facilities necessary for treatment and conveyance of potable water to the Parties. A map of the Supply Facility components is provided in Exhibit 3, which Page 7—Lake Oswego-Tigard Water Supply Agreement C Documents uvd seningslpcer1Lncat Seningsl7'cmpomry Interact Filaa1Content,oWlook1l2p82WYX11 B O34.doc exhibit may be updated and revised by resolution of the Parties. The map is for illustrative purposes only and shall not be considered a legal description of the Supply Facilities 1.1.21 Surface Water Rights--those water rights held by Lake Oswego registered with the State of Oregon Water Resources Department, which allow for diversion of water for use at the Water Treatment Plant Facilities. The Surface Water Rights are more fully described in Exhibit 4. which exhibit may he updated and revised by resolution of the Parties. 1.1.22 Transmission Facilities— the raw water transmission line connecting the Clackamas River Intake Pump Station to the Water Treatment Plant Facilities and the finished water transmission line connecting the Water Treatment Plant Facilities to Lake Oswego's Waluga Reservoir as identified in the Carollo Report. The Transmission Facilities, ownership and their agreed value are more fully described in Exhibit 1 which,exhibit shall be updated and revised by resolution of the Parties, 1.1.23 Water Treatment Plant Facilities — the pumping stations and treatment plant, which treat raw water and produce potable water for conveyance by the Transmission Facilities. The Water 'Treatment Plant Facilities, ownership, and their agreed value are more fully described in Exhibit 1, which exhibit shall be updated and revised by resolution of the Parties within 30 days after the execution of this Agreement, following completion of an updated appraisal. Page 8—Lake Oswego-Tigard Water Supply Agreement C likx uments and SL1tingalgrcerll.oeal SatiamOTemporary Intemel filts!Content.Outlavk1121]$211i YXI1$3039.doc 1.1.24 Water Storage Facilities— the existing Waluga Reservoir which receives potable water from the Water Treatment Plant Facilities as conveyed through the Finished Water Transmission Facilities and any future expansion, modification or replacement thereof The Water Storage Facilities, ownership, and their agreed value are more fully described in Exhibit 1, which exhibit shall be updated and revised by resolution of the Parties. 1.1.25 Winter Period—November 1 through May 31. 1.2 Interpretation In this Agreement, unless a clear contrary intention appears: (a) reference to any person includes such person's successors and assigns but, if applicable, only if such successors and assigns are permitted by this Agreement, and reference to a person in a particular capacity excludes such person in any other capacity; (b) reference to any gender includes each other gender; (c) reference to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof•. (d) reference to any Article, Section, Schedule or Exhibit means such Article, Section, Schedule or Exhibit to this Agreement, and references in any Article, Section, Schedule, Exhibit or definition to any clause means such clause of such Article, Section, Schedule, Exhibit or definition; (e) "hereunder," "hereof," "hereto." "herein," and words of similar import are references to this Agreement as a whole and not to any particular Section or other provision hereof; Page 9--Lake Oswego-Tigard Water Supply Agreement C•\17ocuments and Settin slgrecrll.aca1 SettingsV1 mporary Internet Files1Cpn ent.OlnlookkI2D52WYX1383039.doc (f) relative to the determination of any period of time, "from" means "from and including," "to" means "to but excluding" and "through" means "through and including"; (g)"including' (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; (h) reference to any law (including statutes and ordinances) means such law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated hereunder; and (i) "will"and "shall"ate mandatory terms. Page l Q—Lake Oswego-Tigard Water Supply Agreement CADocuments and Setlingalgrstr\Lncal Sctring\Tempomty Inland FilealConi n.Outlank1121)82WYX1183039,&,c ARTICLE II WARRANTIES AND REPRESENTATIONS OF THE PARTIES 2.1 Warranties of the Parties The Parties hereto warrant and represent that they have the legal authority to enter into this Agreement. 2.2 Approval of the Governing Bodies The Parties to this Agreement hereby certify that they have undertaken the necessary public procedures to approve and authorize the signatories to this Agreement to act on behalf of the Party executing this Agreement. 2.3 Obligation of Good Faith and Fair Dealing The Parties each covenant to deal fairly and in good faith with the other to fulfill the covenants and requirements of this Agreement. Tigard has an existing water supply contract with the City of Portland that expires on July 1,2016 unless extended. Costs of water will increase after July 1, 2016. because Portland is expected to embark on a large-scale capital improvement program and the rate to wholesale customers will increase to account for this capital construction. Also, the timing and method of withdrawal after July 1,2016 will leave Tigard with less flexibility in extricating itself from the Portland contract. For these reasons, having the initial expansion project complete by July 1, 2016 is of paramount importance to Tigard. Lake Oswego recognizes Tigard's circumstances and agrees it will undertake its best efforts in good faith to meet this schedule for the initial expansion project. Page 11 —Lake Oswego-Tigard Water Supply Agreement C''Mncumentq and Setlmolgrecrl1.ocal Settingsl'femperary interne!FilIes\ConIcat OutFook112DR2WYX1153O 9 dac ARTICLE III MANAGEMENT 3.1 Managing Agency Lake Oswego shall be the Managing Agency to manage the operation, maintenance, repair and replacement of the existing Supply Facilities and to manage the planning, design and construction of the Initial Expansion of the Project. Lake Oswego shall be the contracting agency with consultants and contractors,and the named party on permits required from local, state, and federal regulatory agencies. Lake Oswego shall have the power to a) approve contracts and change orders subject to its purchasing rules, b) take such actions reasonably necessary during an emergency and c) other such powers as may he granted by the Parties from time to time. Lake Oswego shall be responsible for conducting the day-to-day business affairs including: payment of invoices, accounting, budgeting, operation and maintenance of the Supply Facilities, planning, project management. maintaining records, and other such duties as required. Tigard shall pay its share of costs in accord with the terms and conditions of this Agreement. 3.2 Technical Committee Each Party shall appoint two technical representatives to meet at intervals deemed appropriate for communication and coordination, and to keep the Project on schedule. The Technical Committee shall review all methods of contracting, requests for proposals, contracts, value engineering, designs, permit applications and costs. The Technical Committee will endeavor in good faith to make recommendations to the Managing Agency or Oversight Committee as the Technical Committee deems appropriate or where required by this Agreement. If Page 12—Lake Oswego-Tigard Water Supply Agreement C;Ir]ocuments and settingalgreerll.ocal Sctiingsl'I'emporary Intemel>:ilca\Cantent.Outlook%i2[)82WYX\1$3039.doc the Technical Committee cannot agree on a recommendation and is at impasse, the matter will be referred to the Oversight Committee. The Technical Committee must review and recommend to the Oversight Committee any proposal by Lake Oswego to retain an outside project manager. 3.3 Oversight Committee Lake Oswego and Tigard shall each appoint two persons to the Oversight Committee. The members shall serve at the pleasure of the appointing Council. The Committee shall meet as deemed necessary by the Managing Agency or Technical Committee to keep the Project on schedule, hut in no event less often than quarterly. The Oversight Committee shall review and the individual members of the committee shall present to their respective Councils proposed projects as identified in the Carollo Report or other proposed projects and related matters and budgets or funding requests. The Oversight Committee will endeavor in good faith to make recommendations to the Managing Agency or to the City Councils as the Oversight Committee deems appropriate or where required by this Agreement. If the Oversight Committee cannot agree by majority, then the tie vote shall be deemed a no vote so that no recommendation is made. The respective City Councils will then consider and vote on the matter. The Oversight Committee must review and approve any proposal to retain an outside project manager. Nothing herein shall be deemed a waiver of a Party's right to submit these matters to Dispute Resolution under Article XIV. The Managing Agency shall be responsible to staff and assist the Oversight Committee to comply with public meetings law and notice requirements as necessary. Page 13—Lake Oswego-Tigard Water Supply Agreement C1ntxuments and Setungsigreer\l.ocal Solinvaemporary Internet Files\Cnntent.Outlonk1121382WYX\l83039,doc 3.4 Budgeting and Accounting The Managing Agency shall prepare a budget specific to the capital and operating needs of the Supply Facilities for each Fiscal Year. The budget shall include an estimate of direct and indirect costs of personnel from either Party who are anticipated to provide services as part of the ultimately approved budget. A draft budget shall be prepared and distributed to the Technical Committee by March l a' for comment. A draft budget shall be prepared and distributed by the Managing Agency to the Oversight Committee by April 30th. The final budget must receive approval by each Party by June 30t11If any Party uses a biennial budget cycle,the dates above shall remain the same for the applicable budget preparation year and that Party shall update the budget amounts anticipated for the off year for the benefit of the other Party's budget process. Each Party's proportionate share of the expenses of operation and maintenance of the Supply Facilities, including reserves for repair and replacements, permitting, design and construction and other expenses as may be incurred. shall he estimated, and set forth in the annual budget, and the amount estimated shall be recommended to be included as operating expenses, in each Party's individual adopted budget. If the budget includes accumulation of funds designated for a particular purpose or future use, such amounts shall be accumulated in a restricted or earmarked fund. The Managing Agency shall maintain an independent budget control procedure and provide budget reports at least quarterly to each of the Parties not later than 30 days after the end of each quarter. This report shall show Page 14—Lake Oswego-Tigard Water Supply Agreement C•lnocnments and 3cttinglgrerr\Local Setting\Tcmporary lid met 1=ile5i('ontent.Outlnok1l21) 2WYXl183139.due expenditures and receipts by budget item for each transaction through the last, working day of the preceding quarter. 3.5 Asset Manascment Program Within one year following substantial completion of the Initial Expansion. the Managing Agency shall create a thorough inventory all of the assets associated with the Supply Facilities, including physical facilities and real estate holdings. The inventory shall describe the current conditions of these Supply Facilities, their current value (replacement cost less depreciation), and repairs and replacements that may be necessary. The inventory shall include a schedule for repairs and replacement. The Technical Committee may propose policies to the Oversight Committee that guide, schedule and fund the repair and replacement of the assets and suggest amendments to the Supply Facilities Capital Improvement Program. The Oversight Committee shall then forward the draft inventory, any proposed policies and amendments to the Supply Facilities Capital Improvement Program to the Council of each Party for its approval. The program and policies shall be based on prudent utility practices and industry standards. Annually, the inventory shall be reviewed for additions and deletions. 3.6 Council Decisions Approval by the Councils of each Party is required for: 3.6.1 Any sale, transfer, lease, exchange, or other disposition of any Property over, under,or upon Supply'Facilities are located; 3.6.2 Entry to any mortgage, pledge, encumbrance or refinance of the Property or Supply Facilities; Page 15 —Lake Oswego-Tigard Water Supply Agreement C:IDecumcnts and SctiinegrecrkLoral Setting acrnportuy interne Files\Cnrtent.Outlook1l2D82WYX11A3039 don 3.6.3 Approval of any budget; 3.6.4 Approval of any nonemergency expenditure by the Managing Agency that has not previously been approved and budgeted and that exceeds the Managing Agency's authority under its purchasing rules to make the expenditure without the approval of its Council, or a capital improvement project not listed on the Supply Facilities Capital Improvement Program. If a capital improvement project has been budgeted and is part of the supply Facilities Capital Improvement Program, the Managing Agency shall be authorized to contract for all work necessarily related to deliver a complete and functioning project; 3.6.5 Approval of any decision to burden the Property or Supply Facilities with additional easements, licenses, or other encumbrances or to use the property for non-water related purposes. 3.6.6 Approval of any decision to change the use or the operation of the Property or Supply Facilities beyond adopted operational protocols; 3.6.7 Approval of the Initial Expansion or Long Term Expansion; 3.6.8 Approval of amendment of the Agreement to allow a new Party to join; 3.6.9 Approval of modification,alteration or dissolution of this Agreement: 3.6.10 Approval of a Supply Facilities Capital Improvement Program and amendments. When adopted, it will become Exhibit 5 and made part of this Agreement. 3.7 Use of Employees Page 16--Lake Oswego-Tigard Water Supply Agreement C 1Documents and Settingalgrcer\Local Scttings\Temprrary hitt-met Ffiles\Cenrnt.Outiaokl32t382WYX1183f139,dnc To the extent that any Party uses its own employees in the performance of its duties under this Agreement, that entity shall be responsible for complying with all applicable state and federal laws and for all employment related benefits and deductions, workers' compensation premiums and pension contributions. Decisions regarding employees shall be the sole responsibility of the Party who employs him or her. 3.8 Audit, Record Keeping; Access to Records The Managing Agency shall cause an annual audit to be conducted pursuant to the requirements of ORS 267,425, 297.455, 297.465 and 297.466, The Managing Agency shall maintain its books and records in such manner that the Supply Facilities and expenditures related thereto are separately stated and capable of review without being combined or mixed with the nonsupply facility assets. The Managing Agency shall maintain all fiscal records relating to the Supply Facilities and Project in accordance with generally accepted accounting principles. in addition. the Managing Agency shall maintain any other records pertinent to the Supply Facilities and Project in such a manner as to clearly document the Managing Agency's performance hereunder. All such fiscal records. books, documents, papers, plans, and writings shall he retained by the Managing Agency and kept accessible as required by law. "The Managing Agency agrees that the other Party and its authorized representatives shall have access to all books, documents, papers and records of the Managing Agency which are directly related to the Supply Facilities and Page 17—Lake Oswego-Tigard Water Supply Agreement C.113ncumcnty end SiNingslgreerlLocal setTtngs1Temporar}•Internet1'i1Cn,Content.[)utinok1121)S2WY)C1183039 dui Project for the purpose of making any audit, examination, copies, excerpts and transcripts. Page 18—Lake Oswego-Tigard Water Supply Agreement C:\Documcnts and Sestings\grcer\Local Setting;r\Tcmposary lntemct>:iles1CoMent•Outluok112D82WYX1133034,doe ARTICLE IV SYSTEM OWNERSEVP;ALLOCATION OF CAPACITY 4.1 System Ownership Upon execution of this Agreement, Tigard shall pay Two Million twenty five Thousand. Three Hundred Sixty-One Dollars ($2,025,351.00) or such amount based on the valuation analysis set forth in Exhibits 1 and 6 to Lake Oswego, which Lake Oswego agrees to dedicate as working capital to the Project. Upon payment, Tigard shall be granted by this Agreement an equitable interest in the Supply Facilities as if it were a vendee under a land sale contract. Title shall transfer upon completion of the Initial Expansion of the existing Supply Facilities. The Parties shall each then own undivided interests in the Supply Facilities and Property. Such ownership shall be a percentage ownership in the Supply Facilities component as set forth in the exhibits in this Agreement. At the time of execution of this Agreement, the existing assets shall be valued as shown on Exhibit 1 and the contributing partner shall receive a credit for the asset value. If the current appraisals of the assets are not available at the time of execution of this Agreement, the Councils shall approve amendments to the exhibits to reflect updated valuation information when received and Tigard shall pay the difference to Lake Oswego as provided above. If the Initial Expansion is not constructed, Lake Oswego shall refund the amount of Tigard's payment to Lake Oswego plus interest at the LGIP rate within 30 days of the decision to abandon the Project and Tigard shall have no further ownership or equitable interest in the Lake Oswego Supply Facilities and Property. Tigard will execute any document required by Page I 9—Lake Oswego-Tigard Water Supply Agreement CADoctimenui attd SruingslcaralkkCocal SctlinslTcraparary ln1emet Tiles1Coatent.Gutlookt8WL4MGYViLU-001 !GA tiiu drvfi biackfinc.doc Lake Oswego to convey any interest Tigard may have in Lake Oswego Supply Facilities and Property. Tigard's purchase of its percentage share of the Supply Facility assets shall be by capital contribution, mutually approved in kind contributions or payment of design. permitting and construction costs for the system expansion so that upon completion of the Initial Expansion, Tigard's contribution shall equal its percentage ownership as shown in Exhibit 7. Lake Oswego's percentage as shown in Exhibit 7 is based on its contributed assets, financial contribution to the Initial Expansion, mutually approved in kind contributions and other mutually agreed factors. 4.2 Anticipated Ownership At the completion of the Initial Expansion, the Parties' percentage ownership shall be allocated as set forth on Exhibit7, attached hereto and incorporated by reference. 4.3 Allocation of Capacity At the completion of the Initial Expansion, Tigard's allocation of Capacity shall be 14 million gallons of water per day, and Lake Oswego's allocation of Capacity shall be 18 million gallons per day. Page 20—Lake Oswego-Tigard Water Supply Agreement C:iDncurncnis and Sottingslcnrolk\Local SettinL iTcruporary 3ntcmt Friles\Cantc t.0uWnok\ WtAMGYYILO-COT MA find droll blacktInc.dot: ARTICLE V PROPERTY; CREATION OF TENANCY IN COMMON 5.1 Creation of Common Ownership Title to or easement rights to all properties over, under or upon which Supply Facilities are or shall be located (Property) shall remain in the name of Lake Oswego until the completion of the Initial Expansion. Tigard shall have an equitable interest as if it were a vendee under a land sale contract. Within 90 days following completion of the Initial Expansion, Lake Oswego will, by Warranty Deed, convey to Tigard an undivided proportionate interest as tenant in common in the Property as set forth on Exhibit 7, attached hereto and incorporated by reference. The Parties agree the Property owned by Lake Oswego as of the date of this Agreement shall be valued in 2008 dollars. Property acquired after the date of this Agreement shall be acquired proportional to the Parties' respective allocations of Capacity, according to the purchase price paid. Closing costs for the Lake Oswego transfer to Tigard shall be shared equally. 5.2 Ownership Interest/Use 5.2.1 Title to the Property held in the name of Lake Oswego until transfer shall be held in part for the use and benefit of Tigard to the extent of Tigard's interest as set forth in this Agreement. Lake Oswego water rights shall not be transferred under any of the real property transfers. Upon transfer,title to the Property shall be held in the name of each of the Parties in their respective undivided interest. The Parties agree that except as provided herein, the Property is dedicated for water supply purposes. The Parties intend that their relationship, with respect to the Property, be a tenancy in Page 21 —Lake Oswego-Tigard Water Supply Agreement C 1Uncumenta and SettingalgncrlLocal SeuingslTemporary Internet FiletilCoi tc t Outlonk112Da2WYX11R3i13Sl.doe common. A Tenancy in Common Agreement shall be executed and recorded at the time of transfer. 5.2.2 The Parties' responsibility for all maintenance, insurance and other land costs. shall be; 5.22.1 Until completion of the Initial Expansion and transfer of an undivided interest to Tigard, the existing Supply Facilities shall be used by Lake Oswego at its sole risk and cost to accommodate water supply uses. 5.2.2.2 Following transfer, Lake Oswego and Tigard shall be responsible for all costs related to the Property in proportion to their respective interests as set forth on Exhibit 7. Such costs shall be included in the monthly invoices under Section 7.1.4. 5.3 Covenant The Parties declare that the Property is and shall be held,conveyed, hypothecated, encumbered. leased, rented, occupied and improved subject to the limitations, restrictions, covenants and conditions set forth in this Agreement, all of which are declared to be in furtherance of a plan established for the purpose of constructing and operating the Supply Facilities. All such limitations, restrictions, covenants and conditions are intended to run with the Property, and to inure to the benefit of and be binding upon all parties having or acquiring any right, title, interest or estate therein, Other incidental uses shall be limited or restricted to the extent they conflict with water supply purposes. 5.4 Partition Following transfer and so long as this Agreement is in effect, no Party shall seek Page 22—Lake Oswego-Tigard Water Supply Agreement C 1Doeumenb and Scttnteslgrecr\Lneul Settings\Temporary Internet 8i4:AACo111ent.Dutiunk112D 21YYX1183039.doc or obtain through any legal proceedings a judicial partition of the Property or sale of the Property in lieu of partition, without the prior written consent of the other Party. Page 23—Lake Oswego-Tigard Water Supply Agreement C'.1Dc cumcros and Settingslgrcerll.ocal 5ettinyslTempnrary interact Files1Contem.C]utlnak112D82WYY1I83034.dac ARTICLE VI DESIGN AND CONSTRUCTION OF SUPPLY FACILITIES 6.1 Preliminary Planning and Design Tigard and Lake Oswego, by this Agreement, commit to design and construct the Initial Expansion, which shall include initially Water Treatment Plant, Clackamas River Intake Pump Station and Transmission Facilities with a design capacity of 32 mgd as generally described in the plan prepared by Caron° Engineers ("Carollo") dated July. 2007, and to achieve completion by July 1, 2016, immediately commence: 6.1.1 Participation in necessary joint planning sessions for the Supply Facilities; 6.1.2 Contribution of their proportionate share of costs of preliminary design. preliminary engineering, permitting,and other fees as necessary and as set forth on Exhibit 7, attached hereto and incorporated by reference. The Supply Facilities shall accommodate subsequent expansion up to 38 mgd (Long Term Expansion). The genera] configuration map of the Property attached to the Agreement as Exhibit 3 shall allow the Parties to expand the treatment plant in the future. Lake Oswego shall retain a project team for permitting, design, and construction management of the Initial Expansion of the Supply Facilities. 6.2 Permit Applications Lake Oswego, as the Managing Agency, shall be the lead agency in negotiating required permits for construction of the Supply Facilities. 6.2.1 Lake Oswego shall be responsible to obtain all other permits such as: Page 24—Lake Oswego-Tigard Water Supply Agreement f'\I'm:aments and Satingslgreeantal Settinga\Temporary inremct Filesleanterat.Llutiook1121)82WYX11$3439.doc 6.2,1,1 Section 404 Permits under the Clean Water Act through the Division of State Lands and the Corps of Engineers; 6,2.1.2 Any permit necessary from the Oregon Division of State Lands for use of submerged or submersible lands for intake and transmission, if that is in addition to the 404 Permit; 6.2.1.3 Any permit with the Water Resources Department regarding permit extension, amendment of a Water Management and Conservation Plan, or application of water to beneficial use in the Service Areas identified in the Carollo Report; 6.2,L4 Any permit necessary from the Oregon Department of Fish& Wildlife.the United States Department of Fish & Wildlife or the National Marine Fisheries Service through consultation;and 6.2.1.5 Any other permit required for the project. 6.2.2 Lake Oswego shall be responsible for obtaining necessary land development permits. The Parties agree that improvements imposed by the land use permitting body shall be a Project cost. Additional amenities not required by the land use permitting body shall be paid for at the sole expense of the party requesting them. Lake Oswego, in its proprietary capacity, further agrees to, in good faith, assist and support Tigard in its efforts to secure the issuance of all permits for pumping and transmission facilities from locations within the Lake Oswego City limits and to enable Tigard to provide water from the Supply Facilities to Tigard users. The Parties acknowledge, however, that this Agreement cannot bind Lake Page 25—Lake Oswego-Tigard Water Supply Agreement C'ILktruments and Settingslgrecr\Lneal 8ettings\Temporary Internet PilesTontcnt.Outlook1121)82WYX118?U39 doc Oswego with relation to acts or decisions occurring in its regulatory authority, including, without limitation, the exercise of its regulatory authority to issue permits. 6.3 Construction 6.3,1 Project Management. During construction, Lake Oswego will, as Managing Agency,convene the Technical Committee at least hi-weekly to review project schedules and performance, progress payment requests; change orders and punch list items. Tigard may attend all contractor and consultant meetings. 6.3.2 Progress Patents. Progress payments, during design and construction, shall be billed monthly by Lake Oswego according to the proportionate allocation of system improvement costs for individual components of the Supply Facilities as set forth on Exhibit 7. For a construction contract or contract that materially includes construction within its scope that is included in the Supply Facilities Capital improvement Program and approved budget,the Managing Agency may award such agreements after giving prior notice to each Council of the Project Engineer's estimate. Contracts not within the foregoing description or where the bid or proposed price exceeds the Engineer's estimate by 10% may not proceed unless each Council has approved. Within 30 days of invoice from Lake Oswego. Tigard shall remit the amount due, unless disputed. Any disputed amount shall be resolved in accordance with the Dispute Resolution Procedures of Article 14 below. However, notwithstanding the Page 26—Lake Oswego-Tigard Water Supply Agreement C.\)& un c nts and Setlingslgrecrll oca1 Selingsll'empurary Interfwi Flies1C.ontem.outlook1i2D82WYM1 s3O39.doc foregoing, during construction no dispute between the Parties shall cause cessation or delay of work by the contractor. If the contractor threatens to suspend or terminate work because of a dispute over nonpayment, the Parties hereto agree to make such payments to Lake Oswego to resolve contractor issues and shall expressly reserve all rights regarding the ultimate allocation of costs or obligations paid to the contractor which shall be resolved by dispute resolution. 6.3.3 Post Construction, Following construction, the Technical Committee shall meet as needed to review and recommend to the governing bodies on matters related to warranty or other contract performance issues. Page 27—Lake Oswego-Tigard Water Supply Agreement C:1Documcnls and Settingslgrecrli,ocal SettingsiTemposary Inland Fi]eslContant.outleok1121:42WYX1i$3039Aar ARTICLE VII OPERATION AND MANAGEMENT 7.1 Supply Facilities 7.1,1 Management. Lake Oswego shall have responsibility as Managing Agency to manage, operate, repair and replace the Supply Facilities until such time as the Parties agree otherwise. The Managing Agency may perform work with its own forces and charge the other Party therefore or by contract with another party. Additional work or charges outside the approved budget shall require unanimous consent of the Parties. 7.1.2 Operation and Maintenance Costs. The costs of operation and maintenance shall be allocated between the Parties according to water delivered from the water treatment plant to each Party's connection point to their distribution systems measured in hundred cubic feet (cef) imposed on the Supply Facilities multiplied by the operations and maintenance expense rate in S/ecf. The method for calculating the rate and water use determination of payment shall be agreed to by the Councils based on the budget and anticipated water use considering the previous 12 months' water use. For the first year when Tigard draws water, the Parties will not have prior usage data from Tigard's use of the Supply Facilities. Therefore, the Parties agree that an estimated cost per ccf shall be determined based upon the budget and applied to all Tigard volumes with invoice on a monthly basis. At the end of the first year, actual unit costs will be calculated and reconciled as set forth in 7.1.4. Page 28—Lake Oswego-Tigard Water Supply Agreement C:\Motuments and Settingalgrecr\Local Settings\Tcmixrrury lnlcmet FilrslCo Mentfhrtiuok1121)82WYX\183U3y.doc 7.13 Renewal, Repair and Replacement Costs. The Parties shall budget for renewal, repair and replacement costs as provided in Section 3.4. The Parties shall make those payments as required for renewals, repair and replacement proportional to that Party's ownership interest in the Supply Facility component. 7.1.4 Billing and Payment. Each Party shall receive an invoice monthly from the Managing Agency representing one-twelfth of the allocated operations and maintenance budget amount for that Party. The invoice may also include required payments for renewal, repair, and replacement under Section 7.1.3 or the Managing Agency may send a separate invoice. Payment is due to the Managing Agency within 30 days of receipt of the invoice. On March of each year, the Managing Agency will send an invoice calculating actual water usage as compared to estimated annualized expenditures in the budget and reconcile them. The respective Parties will pay (or receive credit for overpayment toward the next invoice) based upon this reconciliation. As soon as reasonably possible after June 30Th of each year, the Managing Agency will conduct a similar reconciliation and the Parties will pay or receive credit for overpayment as appropriate on the next invoice in the new fiscal year. 7.2 Property Management. The Parties agree that the property over, under, or upon which the Supply Facilities are constructed shall be operated and managed as follows: Page 29—Lake Oswego-Tigard Water Supply Agreement t': ocuments and Scttvtgslgreer\Local Settings\Temporary Internet rtiesiContent.0utl+wkti2il82WYa[V 313039.dor 7.2.1 Dulles of the Managing Agency. The Managing Agency shall have the responsibility and authority to perform the following functions and may make decisions with respect to such matters as to the Property unless otherwise provided in this Agreement, 7.2.1.1 Operation, Maintenance. Repair. and Replacement. To contract for maintenance, repair and cleaning of the Property pursuant to an approved budget, contract, or other approval of the Parties as may be required by the terms of the Agreement. 7.2.1.2 Insurance. To obtain or renew a policy of property insurance insuring the Property against loss or damage by fire and other hazards covered by a standard policy of fire insurance with extended coverage endorsements written for the full replacement value of the Property. The Parties shall also obtain or renew a policy or policies of public liability and property damage insurance with a single limit of not less than $2,000,000. The policies shall name the Parties as co-insureds. 7.2.1,3 Assessments. To collect and deposit the assessments and other charges due from the Parties into an account established for the Property; to mail written notice to any Party who is more than 30 days delinquent in payment of any assessments or charges; and to mail written notice to the Parties for additional assessments whenever it appears that the funds on hand shall be insufficient to cover future expenses. 7.2.1.4 Payment of Expenses. To pay when due the expenses of the Property, and all other expenses or payments duly authorized by the Parties. Page 30—Lake Oswego-Tigard Water Supply Agreement C 1T]oeumcnt;and SettingslgreerlLocel Settings\Tempozary Internet Filcs1C:ontent.Outloekl12082WYX\i R3039 doe 7.2.1.5 Records. To maintain complete and accurate records of all receipts and expenditures for the Parties. 7.2.1.6 Reimbursement of Expenses_ Unless approved in writing by the Oversight Committee, no Party shall be compensated for services related to nonbudgeted matters where contingency or other funds in the approved budget are available. Otherwise, approval by each Council is required. However, a Party shall be reimbursed for out-of-pocket expenses. 7.2.I.7 Payment of Costs. Amounts owed by each Party for expenses related to the Property shall be invoiced as provided in Section 7.1.4. Page 31 —Lake Oswego-Tigard Water Supply Agreement CMku.uments and Settingtlgrerrll.ocai Settingsarmporary rnt rnet Fi1es1Cnnsrnt.Outlook112D82WYX1183039.dac ARTICLE VIII SUPPLY FACILITIES 8.1 Use of Supply Facilities The Parties shall each use the Supply Facilities in a manner consistent with prudent water utility practices and to minimize interference with each other's use of its respective share of Capacity to meet its demands. Prudent practices shall include a mutual commitment to conservation and use of water without waste implemented in each Party's Water Management and Conservation Plan. When the Initial Expansion is completed and the Parties are using the Supply Facilities, the Parties anticipate that instances of overuse of Capacity by a Party will be rare and the Parties shall resolve such instances on a case-by-case basis. If a new member is added or if a third party is supplied by the Supply Facilities so that additional demands or capacity are placed thereon, then, unless caused by system operation conditions not caused by the overusing party, any use of 10%or greater by either Part} (or third party user) than its share of Capacity for two consecutive years or three out of five years shall be overuse. The overusing Party (or third party user) shall compensate the other party at a lease rate as may be fairly and equitably agreed upon by the parties. In lieu of the above lease rate or in combination with it, the Parties may agree to construct the Long Term Expansion of the Project or reduce demand so that overuse shall cease to occur. 8.2 Mutual Forecast Submittal In order to make timely, reasonable and prudent judgments concerning meeting respective demands for capacity, the need to lease capacity, the ability to lease capacity, and the terms and conditions of any such Lease, the Parties shall each Page 32—Lake Oswego-Tigard Water Supply Agreement C;\Doc uments and SsttirrgslgreerlLocal&thugs\Temporary tntsmet FilmWontrnt.Outtootrl i 2DRZWYkI i 83/139.dor submit to the other commencing February 1, 2016 and February ] of each fifth year thereafter, a 10-year planning forecast. The planning forecast shall set forth the respective projected water demands, capacity to serve that demand, and identify any deficiencies in capacity by year for the 10-year period. Demand shall include any sale of water from capacity agreed to or reasonably anticipated within the ten-year time frame. The capacity requirement for the Supply Facilities shall consist of the average of five consecutive days containing the highest average peak day demands (mgd) imposed by the Parties, for the summer period of May 15 to October 31. The Parties shall agree on an appropriate course of action as they deem reasonably available and prudent, under the forecasted circumstances. including, but not limited to, leasing capacity from one to the other, both within and without the timeframe of such planning forecasts. 8.3 Surface Water Rights Surface Water Rights shall remain in the name of Lake Oswego. By execution of this Agreement, Lake Oswego agrees to hold these permits or certificates for the benefit of Tigard and Lake Oswego to the extent of the rights of each under this Agreement. Development and beneficial use by the Parties of water authorized in the Surface Water Rights of Lake Oswego, but undeveloped as of the date of this Agreement, shall accrue to the benefit of all Parties. to the extent of their rights under this Agreement,without regard to ownership. 8.4 Water Treatment Plant Facilities Except during a curtailment event for any reason, each Party shall have or obtain Capacity in the Water Treatment Plant Facilities,to serve the Demand of the Party Page 33—Lake Oswego-Tigard Water Supply Agreement C\)ocumenls and Settings\greer\Lncal ScttingalTemporary Inumct FileslConten.outlook1321)52WYX1183039.dvc during the Summer Period and the Winter Period up to the respective allocations. The Capacity requirement for Water Treatment Plant Facilities shall consist of the average of the five (5) consecutive days containing the peak day demand (mgd) imposed on the Supply Facilities by the Party for each Summer Period and Winter Period. Capacity in the Water Treatment Plant Facilities may be obtained by purchase of excess existing Capacity, capacity expansion of the Water Treatment Plant Facilities and/or leasing of Capacity from another Party. 8.5 Transmission System The Parties agree to maximize the use of the existing Transmission System for the benefit of the Parties before construction of new transmission facilities. The Parties have agreed on connection points for delivery of water from the Transmission System as set forth in Exhibit 3,which exhibit may be updated and revised by resolution of each Party's Council. To the extent that a Party needs additional Capacity in the Transmission System, the Parties agree to sell or lease available Capacity in the Transmission System prior to construction of new transmission facilities. When expansion of the Transmission System is required. the Parties shall follow the procedures as set forth in Article 9. 8.6 Finished Water Storage The Parties agree to construct shared storage facilities where efficient and economic for both Parties. Notwithstanding this provision, each Party shall construct and operate separate adequate finished water storage within its distribution system to meet their respective operating and emergency conditions as set forth in the Operations Manual as required under Article 12. To the extent Page 34—Lake Oswego-Tigard Water Supply Agreement C:1[7scumenb pod Sottingslk,recrLnc 1 Sctiings\Trmparary Internet Files1Contcm.Outln(1k1121)112WYX118309.d that a Party cannot do so, it may make a request to the other Party for supplemental storage. If the Party providing supplemental storage agrees to provide such storage, then the Party receiving such supplemental storage shall compensate the other Party as mutually agreed. Page 35—Lake Oswego-Tigard Water Supply Agreement C'117ocuments and Settingsigrour\l.s,ca1 ScttingaVrsmporary Internet Files1Corrtent.outlook112D$2WYXl1$3O39.doc ARTICLE IX EXPANSION RIGHTS AND REQUIREMENTS 9.1 Expansion Requirements The Parties agree that use of the Supply Facilities by the Parties should be accomplished first by utilizing the Capacity in the Supply Facilities to serve the needs of the Parties. The Supply Facilities should be expanded only after the Parties are projected to be using all Capacity, within a reasonable planning horizon or at such other times as the Parties deem appropriate. In determining the appropriate time to begin expansion of the Supply Facilities. the Parties shall consider the time required to provide for environmental reviews, design, permits and construction. Therefore, the Parties agree to lease Capacity to another Party as provided for in Article 10 to reasonably and prudently defer capital improvements and costs thereof. 9.2 New Surface Water Rights and Expapsion The Parties agree that finding opportunities to acquire new water rights (surface or ground) may be of great significance to their long range needs. This may include the purchase of existing Surface or Ground Water Rights or application for permits for surface, ground or stored water rights. The Parties agree that new sources shall be acquired jointly in proportion to the Party's ownership interest in the Supply Facilities. If a Party elects not to participate in the acquisition of additional water,the other Party may proceed individually. 9.3 Expansion Rights in the Supply Facilities The Parties shall use reasonable and prudent utility standards in determining as to when and to what size the Supply Facilities should be expanded. Such Page 36—Lake Oswego-Tigard Water Supply Agreement (':\Documentsand Settingslgrrer\Luca!Settings\temporary Internet Hies\Cnnteni OutlQuk112I782WY?(1183039.tfoc determination shall take into consideration the Demand requested by the Parties, the Capacity of the Water Supply Facilities,prudent utility planning standards and the available Surface Water Rights, and Transmission System owned or capable of being leased or expanded by the Parties. Based on the Planning Forecast of Section 8.2, a Party shall provide written notice to the other Party of its desire to expand the Supply Facilities. The Parties shall place the proposed project on the Capital Improvement Program. The intent of the Parties is to place the proposed project on the CIF for a period of five years. In the third year of the CTP, the Parties shall each decide whether to accept or reject participation in the expansion. Notice by a Party to participate in an expansion shall be in writing and specify the percent participation in the expansion. Each Party shall have the right to participate in the expansion in at least the same percentage level as the Party's percent ownership in the Supply Facilities at the time of the proposed expansion. A party may proceed individually if the other elects not to participate so long as the non-participating Party is held harmless from financial obligation. 9.3.1 Long Term JL pansion of Water Treatment Plant, Notwithstanding Section 9.3 on expansion of the Supply Facilities, the Parties recognize that Lake Oswego has or will contribute to design and construction of Supply Facility components to achieve capacity of up to 38 mgd. If either Party proposes such Long Term Expansion of the Treatment Plant. Lake Oswego will determine if it wishes to participate and the amount of Capacity it desires. which may be the entire expansion amount. Lake Oswego will notify Tigard of its decision, which shall be conclusive. Depending upon Lake Oswego's Page 37—Lake Oswego-Tigard Water Supply Agreement C':1Documems and Settiaigslgrecsli.ocal SettingslTemporgry Internee Fibs\Contrnt,Outloakli21)82WYX1183O39.dnc decision. the Parties will then negotiate a Project Agreement for the Long Tenn Expansion, which shall specify, among other things, a. whether all or any portion of the expanded capacity is sold to Tigard;or b. whether Lake Oswego builds the expanded capacity with its funds and leases the capacity to Tigard upon such terms and conditions as the Parties agree;or c. whether Tigard builds the expanded capacity with its funds subject to Lake Oswego's option to buy back all or part of the expanded capacity upon three years' written notice at the depreciated replacement cost of the expansion plus interest at the Municipal Bond Index from the date of substantial completion;and d. Such other mutually agreeable terms including adjustment of ownership interests in other Supply Facility components to match treatment plant capacity allocations of the Parties. 9.4 Other Assets There may arise other improvements which do not directly in and of themselves. provide for expansion of the Supply Facilities. In such circumstances,the Parties shall mutually determine the appropriate financial participation by each of the Parties. They shall consider the purpose for the construction of the asset and the benefits to be received by each of the Parties from the asset in determining the financial participation requirement of each. A party may proceed individually if the other elects not to participate so long as the non-participating Party is held Page 38—Lake Oswego-Tigard Water Supply Agreement C ll7oeumcnts and Settingaigrrcrll.ocal ScttingsiTemporary Internet FilmWontent.Dutkwk11=DR2WYX11$3934.dnc harmless from financial obligation. 9.5 Bonita Road Pumi Station Tigard's Bonita Road Pump Station is or will be capable of providing water from Tigard to Lake Oswego if necessary. The Parties acknowledge this is beneficial to Lake Oswego in those circumstances, but the frequency is difficult to predict. If this Pump Station is used for the benefit of Lake Oswego as the Parties agree, Lake Oswego shall pay Tigard's costs to supply water, including Tigard's costs to purchase water from other entities, as if it were a short-term lease. Tigard will invoice Lake Oswego on a monthly basis in such circumstances. Page 39—Lake Oswego-Tigard Water Supply Agreement C:LIJoeumenu and Settings iccrlLocal Settings\Temporary Internet[ilcslContrnt.Outiank112082WYX1183039,dne ARTICLE X LEASING 10.1 Leasing As provided for in Article 8, the Parties shall lease to the other Capacity in the Surface Water Rights and Supply Facilities to the extent available according to the planning forecast. 10.2 Purpose The purpose of this Article is to acknowledge the rights of the Parties to lease from each other the unused portion of their respective 14 mgd and 18 mgd allocations of the total 32 mgd Capacity of Initial Expansion to be constructed,to establish the conditions under which such leasing may occur and to acknowledge the right to tease future capacity from each other based on future expansion of the Supply Facilities depending upon conditions and circumstances then and there existing and when future shares of capacities are known. This section is not intended to limit the Parties from otherwise agreeing on leasing of supply capacity to each other. if the Supply Facilities are expanded to 38 mgd, these lease provisions shall apply to the second increment of capital improvement. 10.3 Right to LeaQe Lake Oswego shall have the right to lease to Tigard and Tigard to lease from Lake Oswego such unused capacity of its 18 mgd as may be determined by Lake Oswego to be reasonably available and prudent to be leased to Tigard pursuant to section 8.2 or as they may otherwise agree. Tigard shall have the right to lease to Lake Oswego and Lake Oswego to lease from Tigard the unused capacity portion of its 14 mgd capacity as may be determined by Tigard to be reasonably available Page 40—Lake Oswego-Tigard Water Supply Agreement C:lnpcumcntsand 9ettingslgreer\Lncnl3cuingalTemp[+rary Interne!Fa Ccoltem.Outkokll21M2WYX1183O39.dnc and prudent to he leased to Lake Oswego pursuant to section 8.2 or as they may otherwise agree. 10.4 Term The term of any lease for Supply Facilities shall be for a minimum of one (1)year and a maximum of ten (10) years and upon such conditions for renewal as the Parties determine. A lease shall he a short-term measure that allows the Parties to defer expansion or new construction of Supply Facility components and to provide Parties with a near-term stable planning horizon. The Parties do not intend to have perpetual renewal terms. 10.5 Lease Payments The lease payment for Supply Facilities shall be determined by utilizing the Depreciated Replacement Cost Value of the asset amortized over the remaining Book Depreciation Life of the asset at an interest rate equal to the Municipal Bond index rate plus 200 Basis Points at the year of the lease payment or a comparable index. The lease payment shall be fixed for lease terms of five (5) years or less. For lease terms of greater than five (5) years. the lease payment shall be recalculated every five(5)years in accordance with this Section 10.4. 10.6 Effective Date of Leases The effective date for leases set forth in this Article 10 shall be on April 1, following the adoption of this Agreement and every April 1. thereafter. 10.7 Curtailment of Leasing Capacity The Parties agree that a condition of any lease shall be that the lessee Party shall be provided Capacity to the same extent that Capacity is available to serve the Page 41 —Lake Oswego-Tigard Water Supply Agreement C:Tncuments and Settingalgrccr\Loca1 SeningslTernpomry Internet FIIa1Crnnent.4utlnok1121782WYM183039.doe lessor Party's Demand. Curtailment of Capacity resulting from reduced availability of water for all new water supplies developed after the effective date of this Agreement shall he shared equally among the parties. Page 42—Lake Oswego-Tigard Water Supply Agreement C'One uments and Scttinge1greerlLeeal Sc tingslTcmporary Internet Ritz Content.Uudonk112132WYX1183039•doe ARTICLE XI SALES TO OTHERS Except for the Existing Wholesale Customers, existing mutual aid agreement, or extension of service to service areas identified in the Carollo Report. neither Party may contract for the sale or use of the Supply Facilities to any other entity or person who is not a Retail Customer of any Party without the approval of the other Party and compliance with the terms of this Agreement. Any revenues derived from the sale of water to another entity shall he paid to the Managing Agency. Net proceeds from such sales shall be credited back to the Parties based on a method as mutually agreed. Net proceeds shall be those proceeds remaining after expenses, renewals and replacements and contingencies are paid. Page 43—Lake Oswego-Tigard Water Supply Agreement C 1Document$and Settingslgreerti.orel Setlsngsllempurary Internet FileslContent.outIonk112D82 WYX11 R3o394oc ARTICLE XII OPERATIONS MANUAL 12.1 Operations Manual Not later than 180 days from the date of Substantial Completion of the Initial Expansion,the Parties shall adopt an Operations Manual for the Supply Facilities, which shall include, but not be limited to, agreed protocols and methodology to provide for water quality,treatment standards and protocols,and for the equitable, effective and efficient operation of the Supply Facilities in accordance with generally accepted utility practices regarding the operation, management. capital improvements, and expansion of all aspects of the Supply Facilities. The Operations Manual may be updated as required. The Operations Manual shall also provide for an Operations Committee("Operations Committee"),which shall consist of one designee of each of the Parties, as set forth in Section 12.2 below. Not more than 30 days after substantial completion of the Initial Expansion each Party shall appoint one person to develop the Operations Manual. 12.2 Operations Committee Each Party shall appoint at least one person technically knowledgeable in utility system operations or engineering to the Operations Committee. A Party may allow other attendees, but in no event shall a Party have more than one vote in making a recommendation to the Oversight Committee created under Section 3.3. The Operations Committee shall report to the Oversight Committee not less often than quarterly. The Parties may choose to designate the Technical Committee as the Operations Committee. 12.3 Curtailment Page 44—Lake Oswego-Tigard Water Supply Agreement CADocument9 and SeltingslgreerlLocal ScttingslTemporary intcrnrt FilealCunlrns Outinok112D82WYX1153039,doc The Operations Manual shall reference each Party's Water Management and Conservation Plan. The Parties agree that if an emergency or water shortage requires restriction on the deliverable supply of new Capacity developed after the effective date of this Agreement , the reduction in available water shall be shared equally among the Parties. Page 45—Lake Oswego-Tigard Water Supply Agreement C:1Uocument,and&ettirnolgreer\Lnenl Settings 1Temporary Internet Filesleontent,Outlook1121382',VYX1 t 83039.doc ARTICLE XIII WITHDRAWAL, TERMINATION OF MEMBERSHIP, SALE OF ASSETS AND DISSOLUTION 13.1 Complete or Partial Termination of Interest Any Party may elect to terminate all or part of its participation in this Agreement and withdraw from the Supply Facilities as designated (full or partial) by giving written notice of its desire to terminate to the remaining Party(ies), and stating a date for termination which shall be not less than two (2) years from the date of notice. The remaining Party receiving notice of termination shall have the first option to purchase the terminating interest. If Tigard terminates in whole or in part, the purchase price shall not include any value for water as those water rights remain with Lake Oswego. If Tigard completely terminates from this Agreement, it shall not receive water unless Lake Oswego agrees in writing. If Tigard partially terminates, its 14 mgd capacity shall be adjusted to reflect its retained, proportionate interest. The Parties shall meet for the purpose of establishing the price for the terminated interest. The meeting shall be held within 90 days following receipt of notice of termination. Notice to the selling Party of the other Party's intent to buy all or a portion of the terminating interest shall be given no later than three (3) months after receipt of the written notice of the Party's desire to terminate. If the remaining Party purchases less than the full portion of the tenninating interest, the Parties also agree that any unpurchased interest may be sold to another local government party so lung as that other local government party becomes subject to all terms and conditions of this Agreement. The terminating Party shall use best efforts to find Page 46—Lake Oswego-Tigard Water Supply Agreement C:11)txument5 and Settingslgna\Local Settiagsl'lemporary Internet FilcslContenteut/00k112A82WYA'1)83039.dec another local government partner to buy the remaining unpurchased interest or to assign or lease capacity so as not to unduly burden the remaining party. Consent by the remaining Party for another local government party to purchase, take assignment or lease the Supply Facilities to this Agreement shall not he unreasonably withheld. Any assignment or lease of an unpurchased interest to another local government shall not relieve the Party from its obligations under this Agreement. Negotiations of the terms of sale, assignment or lease to another local government Party shall include the non-terminating Party as to those terms which directly impact its operational and financial interest. 13.2 Sale of Assets A Party may offer to sell to the other Party its ownership interest in an identified portion of the Supply Facilities (e.g., a percent of the Transmission System). Notice of the proposed sale shall be given to the other Party by the Party wishing to sell. Such notice shall specify the material terms and conditions of the sale. The terms and conditions of Section 13.1 shall apply. The Party may also assign or lease the unpurchased interest to another local government Party. Consent to such assignment or lease shall not be unreasonably withheld or relieve the Party from its obligations under this Agreement. 13.3 Valuation of Interest The Parties shall meet to agree upon a price within 90 days of the receipt of notice under Sections 13.1 or 13.2. The price shall be fixed by determining the terminating/selling Party's interest in the subject assets using the Depreciated Replacement Cost Value. Nothing herein shall prevent the Parties from agreeing Page 47—Lake Oswego-Tigard Water Supply Agreement CAIhuumcnts and Srltiregren1Local SemnpS\'rrrnpotary lrttcmet Files\Content Outlook\1213112WYX1133039.doe upon a price through negotiation and unanimous consent. Sales, assignments or leases to third parties are not subject to the valuation formula of this Section. 13.4 Payment The payment price for the subject interest shall be paid in full on the date of termination set forth in the notice of intent to terminate/sell or award of arbitration or court. Interest shall commence to accrue from the date of agreement arbitration or judgment at the Local Government Investment Pool rate. if a Party fails to pay the purchase price in full at the date of termination, then the terminating/selling Party shall have the right to sell or transfer or assign the subject interest to any other government entity as provided in Section 13.1 or 13.2. 13.5 Default and For Cause Termination The failure of a Party to perform any duty imposed upon it by this Agreement shall constitute a default. The non-defaulting Party shall have the right to give the defaulting Party a written notice of default, which shall describe the default in reasonable detail and state the date by which the default must be cured, which date shall be at least 60 days after receipt of the notice of default, except in the case of a failure to advance funds, in which case the date shall be 30 days after receipt of the notice of default. 13.5.1 Opportunity to Cure. if within the applicable period described in Section 13.5 the defaulting Party cures the default, or if the failure is one (other than the failure to make payments) that cannot in good faith be corrected within such period and the defaulting Party begins to correct the default within the applicable period and continues corrective efforts with reasonable diligence Page 48—Lake Oswego-Tigard Water Supply Agreement C lt]ocumcnts and Seningslgreer\Local setimeTemporary Internet Fi1ts1Content.Outlook112fl82WYat1183039.doc until a cure is effected, the notice of default shall he inoperative, and the defaulting Party shall lose no rights under this Agreement. If, within the specified period,the defaulting Party does not cure the default or begin to cure the default as provided above, the non-defaulting Parties at the expiration of the applicable period shall have the rights specified in Section 13.5.2. 13.5.2 Rights Upon Default. if the defaulting Party has not cured the default as provided in Section 13.5.1. it shall have no voting rights under this Agreement until the default has been cured. In addition, the non- defaulting Party may pursue any other remedy available at law or in equity against the defaulting Party, including but not limited to, an action for damages, costs of obtaining substitute water or other performance. 13,6 Dissolution of the Agreement This Agreement may be dissolved by mutual agreement. Upon dissolution, the Parties shall agree on a Dissolution Plan and schedule to wind down and dissolve the business affairs. Unless modified by the Dissolution Plan, the dissolution shall be effective only after all debts and obligations are paid or provision for payment is made. Each Party shall assume a share of the debts and obligations in proportion to their ownership in the Supply Facilities unless the instrument or transaction that created the debt or obligation specified otherwise. The Parties shall execute those documents necessary to vest proportionate ownership of the Supply Facilities and Property in each Party and execute a post dissolution water supply agreement and a management agreement for the Supply Facilities and Property. Nothing herein shall prevent. a Party from accepting cash or other Page 49--Lake Oswego-Tigard Water Supply Agreement C•'Jtncio*nents and Setting recrlL.ocal Settingsamporary Internet Files&Content.[iutiook11.1Bg2WYX1183039.dos consideration in lieu of continued proportionate ownership in the Supply Facilities and Property. The cost of dissolution shall be treated as an operation and maintenance expense. 13.7 Post Initial Expansion Water for Tigard. After substantial completion of the Initial Expansion, if Lake Oswego elects to terminate this Agreement, or if the Parties mutually agree to dissolve this Agreement, Lake Oswego agrees to provide Tigard with treated water sufficient to supply 14 million gallons per day so that Tigard is always assured of having sufficient source to supply its capacity share and usage of the Supply Facilities. if Tigard is allocated additional capacity in the Supply Facilities by the Long Term Expansion. the provisions of this section shall apply to that increment of water. Negotiation of a mutually agreeable water supply agreement shall be a condition precedent to any termination of this Agreement by Lake Oswego or Dissolution Plan. 13.8 Unreasonable Withholding of Consent. Unreasonable withholding of consent shall be those reasons other than financial considerations, availability of alternate water sources, water usage characteristics, water service territory, water demand forecasts.technical or operational expertise, history as a recognized local government water service provider, ownership. control or operation by or for a private entity or person, and other relevant matters considered in reasonable and prudent utility management. Page 50—Lake Oswego-Tigard Water Supply Agreement C 117ocumeni and Set tingslgroeaneai SettingxlTemporary 1ntemet Fi e0Content.auilaok112I}82WY}Cll$3Q'J9.doc ARTICLE XIV DISPUTE RESOLUTION 14.1 Dispute Resolution The Parties hereby agree that resolution of any disputes shall follow the steps as set forth in Section 14.2. However, nothing shall prevent the disputing parties (Disputing Parties) from waiving any of the steps by mutual consent. 14.2 Dispute Resolution Steps Step One: (Negotiation) The City Manager or other persons designated by each of the Disputing Parties shall negotiate on behalf of the Party they represent and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each City Manager or other designated persons and ratified by the governing bodies, which shall be binding upon the Disputing Parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the Disputing Parties shall submit the matter to non-binding mediation. The Disputing Parties shall attempt to agree on a mediator. If they cannot agree, the Disputing Parties shall request a list of five (5) mediators from an entity or firm providing mediation services. The Disputing Parties shall mutually agree on a mediator from the list provided. Any common costs of mediation shall be borne equally by the Disputing Parties. If the issue is resolved at this step, a written determination of such resolution shall be signed by each City Manager or other Page 51 —Lake Oswego-Tigard Water Supply Agreement C:SDoeuments and Scttisng.+1grceasmai1 Setinp\Temporary Intcmet Files1Content.oirtlookl12D82WY'X1183039.dac designated persons, and ratified by the governing bodies, which shall be binding on the Disputing Parties. Step Three(Arbitration) After exhaustion of the preceding processes, all disputes or claims arising out of this Agreement shall be submitted to binding arbitration under the rules and processes of ti. S. Arbitration and Mediation of Portland, Oregon or similar mutually agreed process. Each Disputing Party shall select an arbitrator and the two shall appoint a third arbitrator. All costs of arbitration shall be borne equally. The Oregon Rules of Civil Procedure relating to discovery and the Oregon Evidence code shall apply. The decision of the panel shall be binding. Nothing herein shall prevent the Disputing Parties from selecting a single arbitrator by agreement. 14.3 Legal Fees Each Disputing Party shall bear its own legal and expert witness fees at all stages of proceedings, including any appeals. Page 52—Lake Oswego-Tigard Water Supply Agreement CADocumcnis and SettsniolgrecancEd ScttingsVremporary Intcme FIIeslCorrtent.Outi ok112D82WYX1183034.dnc ARTICLE XV COMPLETION OF INITIAL EXPANSION OF THE SUPPLY FACILITIES 15.1 Modification to Agreement Within three years after completion of the Initial Expansion, the Oversight Committee shall undertake a review of all agreements and operations and to consider the need for any modification to the terms and conditions of this Agreement. At the recommendation of the Oversight Committee, the Councils for the Parties may consider: 15.1.1 Modification to the existing Agreerrient(s); 15.1.2 Replacement of existing Agreement(s)with a new Agreement; 15.1.3 Creation of a Supply Agency under ORS Chapter 190. Page 53—Lake Oswego-Tigard Water Supply Agreement (:11)acumant4 and Sctringstgrecr\Local SeningalTemporary Internet Files1Con►ent.Dullook1121-182WYX1183o39.dvc ARTI CLE XVI NOTICES Any notice herein required or permitted to be given shall be given in writing and effective when actually received by hand delivery or by the United States mail, first class postage prepaid, addressed to the Parties as set forth below. The Parties shall notify the Managing Agency of any change of address or title for receipt of notices under this Agreement. LAKE OSWEGO: The City of Lake Oswego Attention: City Manager 380 A Avenue P.O. Box 369 Lake Oswego,OR 97034 TIGARD City of Tigard Attention: City Manager 13125 SW Hall Blvd. Tigard, OR 97223 Page 54—Lake Oswego-Tigard Water Supply Agreement C.lnncuments and Settingalgreerllecal Settings\Temporary Internet FileslContent.Outloolril2D82WYX1183Q39.dor ARTICLE XVII GENERAL PROVISIONS 17.1 Instruments of Further Assurance From time to time,at the request of a Party,each Party shall,without further consideration, execute and deliver such further instruments, and shall take such further action as may be reasonably required to folly effectuate the purposes of this Agreement. 17.2 Entire Agreement This Agreement embodies the entire agreement and understanding between the Parties hereto with respect to the Supply Facilities and supersedes all previous agreements and understandings relating to the Supply Facilities except as provided herein. The Parties agree that the existing Agreement for Water Service effective July 1, 1983 shall terminate as of the date Initial Expansion is substantially complete. 17,3 Assignment. Sale or Transfer Nn Party shall have the right to sell, transfer or assign its interest in this Agreement (or any portion thereof) or asset(s), without the prior written consent of the other in accordance with requirements of this Agreement. No Party may sell, transfer, assign its interest or sell water to an existing wholesale customer in the other Party's service area as set forth on Exhibit 2 without the prior written consent of the other Party in accordance with the requirements of this Agreement 17.4 Severability In case any one or more of the provisions contained in this Agreement shall he invalid, illegal, or unenforceable in any respect, the validity, legality and Page 55—Lake Oswego-Tigard Water Supply Agreement C:\Ducumcnls and ScttingslgrecrllAeat 3etlingal7'emporary Internet Files1Content.Outlooklf2DS2WYX1183039-doc enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 17.5 Counterparts This Agreement may be executed in any number of counterparts and by the Parties or separate counterparts, any one of which shall constitute an Agreement between and among the Parties. 17.6 Headings The Article, section and subsection headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement 17.7 Force Majeure No Party shall be considered in default in the performance of its obligations under this Agreement to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or in the future, which is beyond the reasonable control of the affected Party, including, but not limited to, Acts of God, earthquake, labor disputes, civil commotion, war events beyond the reasonable control of the Parties, such as regulatory restrictions or requirements, permit issuance, and the like. In the event a Party claims that performance of its obligations was prevented or delayed by any such cause,that Party shall promptly notify the other Parties of that fact and of the circumstance preventing or delaying performance, Such Party so claiming a cause of delayed performance shall endeavor to the extent reasonable to remove the obstacles which preclude performance. Page 56—Lake Oswego-Tigard Water Supply Agreement C:1t)ocumcnls and Scttingslgrcer1Locel SettingsVremporary Internet PiteslConteot,outkoklt2D12WYX1183039.doc 17,8 Consolidation,Merger, Annexation 17.8.1 Change of organization is defined as the consolidation or merger of a Party with another city under ORS 222.610 et seq. 17.8.2 Any new entity created by change of organization involving a Party to this Agreement shall require prior consent of the other Party as to the successor or surviving entity's entitlement to be an owner of the Supply Facilities, based on the entity's legal, financial and technical ability to assume the original Party's obligations under this Agreement. Such consent shall not be unreasonably withheld. If the surviving or successor entity is approved, the original Party/Parties' obligations and rights hereunder shall be binding upon and inure to the benefit of the surviving or successor entity,and that entity shall be subject to all obligations of this Agreement. 17.8.3 Annexation of or provision of service to an area beyond that area identified for each party in the Carollo Report, and any transfer of a Party's territory to a Water Authority formed by one or more cities, water districts, or both, shall require the prior consent of the other Party, which shall not be unreasonably withheld considering capacity and demands and other system factors. Annexations or service to identified areas shall not require consent. 17.9 Survival of Covenants Any provision of this Agreement which, by its terms has or may have application after the expiration or earlier termination of this Agreement, including all Page 57—Lake Oswego-Tigard Water Supply Agreement C lrh,cuments and Settings\gxccrltocal SettingslTetnposury tntemet F kwlConlent Chiliaek\121)82WY)(1183039 clog covenants, agreements, and warranties, shall be deemed to the extent of such application to survive the expiration or termination of this agreement. l 7.10 Indemnity To the extent permitted by the Constitution and laws of Oregon, each Party agrees to defend, indemnify and hold harmless the other from and against any and all actual or alleged claims, damages, expenses, costs, fees, including but not limited to attorney, account, paralegal, expert and escrow fees, fines, environmental costs and/or penalty (collectively "costs"), which may be imposed upon, claimed against, or incurred or suffered by the Party, unless and to the extent it was resulting from an individual Party's negligence or willful misconduct. 17.11 No Third Party Beneficiaries The Parties hereto are the only Parties to this Agreement and the only persons or entities entitled to enforce its terms. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD Ma/A43://1:1:),77_0&>1 or ]n/� Augayor /-)144p51 t .CLUB 4 [S 1 I, s32��g Dated Dated j a(4;6) Attest 5,6444.1 rt/ L )1reiriQii_ Cit Recorder City Recorder S- /9- 08u� aoot DatL1 Dated r City Attorney City • ttorney Page 58—Lake Oswego-Tigard Water Supply Agreement C.1F)ocuments and settingAgrc r\Local Settingsl'Femporary Interact Files\(_ontent.outlonk112D82WYx1]83039.dac ° 1 FfM fiiiii"Niiiiiiiiiiirfritlipp ilfiffiliql tnititill 1 Uft I 11 1 I 1 it 1 4,[ iit"411111 11 iiilliilill flH;ji 1fife- i [ f w' 41 IF p y i 1 711 VittlptttatHitituilitRi tts3 ii!gilIkit 1.mitzk s tie it ii. Et i. �i 'Q° 1 i p Ilii C QF InUtE 5 sttsx i gads-�xa g - is- A 3v - - .mg : 1 g1 to r N 1 & -I .. 2oaY r� PSP f+ ria Nmiltmmi �. o- .. ivo ten: 4d i yrII R UI" iiiiiiiiiiiiiiiiiiiffiliiiiii igiii iiiiiiiiii iii ii hh i 0 to i w w wNNuiw nwNMwwe+a,+w Nw ppMwMNmw wrnnNwnOlm aaNwNwMwwN agweaNNnn wy M ". w wM w NM N NM n w y 4 11 1 int F - ti ffi $ Si J -gx 1112 40i i - iliiii tilill t rIV-4 .iiikq thhiNi..A17f s 7i9 . " k 1 i < it g A§gA§ Ra8'3 686E4/,ItAFOkaAgEIS °'NM$ T8GCn __.- M$1t, a a. rNwww nww NlM1w NrMMM NMwrwmmmm0 MMw MMM o wan a ww w wr . r 6 1 - ,ie � �; '"�xx = # �� 111 i ti il a iiiiI :iiil:iflii ail .Wa i n Ni �� =3 i ''.4 k uilili 31 x xk' i9 Fi s P ig;411 111r91ilix i wli. l l g g. . 1 ;$ i ils a li 1 Exhibit 2 _,101"- ---.op- [ ,,....,.„. ) i . _.._. k , , i` --.( I!-: . . ., I.1 .r.-. gmb C (PA i. . n O.L.NNIY cum, Air 1 COURTNE _i_ -,-4 '-•.. 1 \ "WE\ 1 r."7 AO"'. ..,.L.•J S . r11- .,' '—'0U/Oigir8 1 rt. :•'' ..: -1 (t 1 L '-' .,. E. yl • .Or M., ri---___ i,pr,u, --- .., .. ,... .... , <7 1 - Legend A re rah rfirrhver ' ' i__ Slrealsway Winer Service Area g g (=I Lake Osarago ----- ....... 1=1 Steffen]Triangle(Seild-out) BORLAND faveaake t Figure 1.1 Kan LAKE OSWEGO SERVICE AREA I 0 0.s I e ------- '6P JOINT WATER SUPPLY SYSTEM ANALYSIS La70711.1-7525A CITY OF LAKE OSWEGO AND TIGARD WATER SERVICE AREA '`1F j' i f 1 1 , � iyi.lK ��. "....6..........\ \•,. I sr _Fismirva r ! ..--- 1. 217 i 41 1 : Niu\. f' 444--1 AAA= �. — — rJ• ar L• ~ti - -- —agps,c –, — 1 ,a� I • \l \— mir-(1/ • I ''Q ,A Lagond 110005r r7aaway —' _- •1: rarr -_._ ni- _ 5 mai • Ner+rlaeAran ,' x Tiywrd H , , — ®Urian Rs-serveAbase al dd-edi - .'' (j Rascrec R1N2M1 Lsbc - Na Figure ,2 • TIGARD WATER SERVICE AREA lei CL ° D6 r JOINT WATER SUPPLY SYSTEM ANALYSIS , L080711.2-71:125,ai CITY OF LAKE OSWEGO AND TIGARD WATER SERVICE AREA , t EXHIBIT 3 - Map of Supply Facilities . M ..w,-«, Waluga Reservoir '•= , • Bonita Purnp . + a 11 +' Station . Os"'e�°La�e 'S. Y. 1 r , -es a • • sr, r, , `- + Lake Oswego �, -, WaterTreatrnent Plant 41 - - __A..... . Clackamas River Intake • Legend l.:= - _ Existingand Proposed ` ": ,, '' Parallel Pipeline ._• 1 , ,„ . • 0 I 2 - MueS A .:' Exhibit 4 City of Lake Oswego Water Rights Summary Permitee Application/Permit# Authorized Authorized Amount Amount Priority Source 1 amount place of developed/certificate# undeveloped Date water (cfs/mgd) use {cfsfmgd) i (cfs/mgd) City of 8433651532410 50132.32 City of Lake 25/16,16/C78332 25116.16 3/14/1967 Clackamas Lake Oswego and River Oswego City of Tigard) , City of 5508191537839 9/5.81 City of 0 915.81 7/5/1973 Clackamas Lake Tualatin and River Oswego Tigard Water District' Notes; 1.The City of Lake Oswego is currently seeking extensions of time to fully use all water authorized under permit Nos.832410, 837839 and 843246. Proposed Final Orders(FF0)approving the City's request are pending at Water Resources Department (WRD) in Salem. It is expected protests will be filed on the PFO's once they are issued for public comment. 2.The City has submitted its water management and coiiservatiou plan to WRD and no public comments on the plan were filed during the 30-day public comment period. An approved WMCP is required before the City can access any portion of undeveloped water noted above. Permit Amendment T-8358 amended Permits 532410 and 537839 to include the City of Tigard as authorized places of use. 2 Permit 537839 was granted to the City of Lake Oswego for the benefit of the Cities of Tualatin and the Tigard Water District. Exhibit 5 Supply Facilities Capital Improvement Program (To be added following adoption by each Council) EXHIBIT G DETERMINATION OF TIGARD BUY-IN Net Tigard Original Cart Reproduction Allocation Tigard Shia re Assei Tax Map Tax Lot CI:act:antas Co.Deed Cost % Clack:lui:ls River Eulake&Pump Station 5 1,911,733 5 1,832,454 0.00% 5 - CInrinamns River intake Land` 2 2E 20CA 15001 Bk 173,Pg 900-902 5 S 14/38 S Computer System/Software $ 214.222 S 70.978 14/38 5 26.150 Finished Water Transmission 5 2,1 11,71! 5 5,384,358 0.00% 5 - General Plant 5 61,500 5 15.274 14138 5 5,627 Row Water Transmission 5 612,137 5 2,415,157 14/38 S 889,795 Waingri Reservoir 5 1,281,427 5 1940,065 0.00% 5 Waiuga Reservoir:Land Reservoir Property 2 1E 07 AD 03100 Doc 72.06414 S 8,416 5 21,340 14/38 5 7.862 Waiuga Res K I" 2 lE 07AD 00700 Doc 76-36977 nla 5 329,841 14/38 5 121,520 4800 Carmen Dr* 2 lE 07AD 00900 Doc 92-063461 n/a $ 237,346 14138 5 871143 VacaltE Parcel" 2 I E 07AD 01000 Dos 92-063461' n/a 5 253,485 14/38 S 93,389 Winer Treatment Mat 5 9,731,005 5 11,489,095 0.00% S - Water Treatment Plant Land 4260 Kenthorpe Way•parcel 1* 2 Hi 24130 00300 634:68&,Pg 581 5 83,797 S 595,491 14/38 5 219,391 4260 Kertthorpe Way-parcel 2' 2 lE 24130 40401 Doc 79-35248 ida S 601,670 14/38 5 221,668 xxxx N1:i1'1etan Dr* 2 1E 2413[} 01200 Dec 89-10200 n/n 5 132,652 14/38 5 48,872 4295 Mapleton Dr" 2 1E 24BD 01400 Doc 89-13210 No 5 258,916 14/38 5 95,390 4345 Mapleton Dr* 2 1 E 24BD 01300 Doe 95.33429 n/a 5 306,346 14/38 $ 112,869 4313 Hlapleton Dr* 2 1E 24BD 01500 Doe 89-13110 ala $ 258.916 14/38 $ 95.390 Totals n le-5s 20[16-108100 S 16,015,948 S 26,143,384 S 2,025.361 `tic!,,pntun,,n Cull Ifni hastl nn 71,'/',•net./..,R!1 m_nI.tt k I nr I j%WI=hrEe:1,1n sr,.0l nc#nk.l n,1xx icWE ariS cos Tirwd a,d L01611 nerd la...replan b,n nbu alined raiFa.asd reso]vc.Inith'WWI%UT nantnini in shin apeclonni heroic drict. n4rg iliw anti tiepin roe, 711inca,ioo c:Lind,,a 14 Old all me rrewity aI1,,t i d In Tlpli !an Arp,eiorlina Cass ind.du racafalion k)EN It tan dgccciiliml EXHIBIT_7_ ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvement Allocation Allocation (in 2006 S)* (%) Share($) (%) Share(8) Water Treatment Plant -Existing Plant n/a 100.00% n/a 0.00% $ - -32 mgd Expansion $ 39,430,000 2116 $ 4,928,750 14/16 $ 34,501,250 -38 mgd Expansion n/a 100% * n/a 0.00% $ - Raw Water Intake and S 4,440,000 24/38 $ 2,804,210 14/38 S 1,635;789 Pump Station � Raw Water Transmission Main $ 23.920,000 24/38 $ 15,107,368 14/38 $ 8,812,633 Finished Water Transmission Main -Reaches 7-10 $ 38,220,000 24/38 $ 24,138,947 14/38 8 14,081.053 -Reaches 11-12 $ 17,020,000 8/22 $ 6,189,091 14/22 $ 10,830.909 Storage(MG) $ 4,010,000 1.012.5 $ 1,604,000 1.5/2.5 $ 2;406,000 Bonita Road Pumping Station $ 1,700,000 0.00% $ - 100.00% $ 1,700,000 Total Costs $ 128,740,000 42.54% $ 54.772.366 57.46% $ 73,967,634 Ptegeci costs are presented ie?ORA dollars.Actual cost will depend on prajeci start and completion dates. "•Second(6 mrd)cxpanaion is currently aniseed to Lake Oswego. Contract provides for potential reallocation by agreement. J FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND OPERATION THIS FIRST AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities,Design, Construction, and Operation (First Amendment) is effective this c'Y1 clay of Dec . , 2008, by and between the City of Lake Oswego (Lake Oswego), an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Recitals WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities,Design, Construction, and Operation (Agreement); and WHEREAS, the Agreement contained various exhibits setting forth current assets and values thereof, as well as identification of assets to be constructed and construction cost estimates; and WHEREAS, the Agreement provides that from time to time the exhibits would be revised based upon further evaluation and studies and specifically that the valuation of existing assets would be conducted; and WHEREAS, the valuation of certain assets has occurred and the Parties agree that certain exhibits should be amended to reflect this updated valuation and also that some existing assets should be deleted from the exhibits; and WHEREAS, based upon the revised exhibits, the Parties further agree to amend the amount of the initial payment to be made by Tigard to Lake Oswego to acquire ownership in the existing supply facilities reflecting the updated valuation information, and being fully advised, NOW, THEREFORE, THE PARTIES AGREE TO EXECUTE THIS FIRST AMENDMENT AS FOLLOWS: Section I. Amendment of Exhibits 1, 6, and 7. The Parties agree to adopt Exhibits 1, 6, and 7, attached hereto and incorporated by reference_ The assets set forth in these Exhibits are the assets subject to the Agreement. The Parties agree that the Mapleton Drive properties (2IE24BD Tax Lots 01200, 01300, 01400, and 01500) (Mapleton Properties) are not included as assets subject to this Agreement, but shall be added in the future if any permitting authority requires improvements or dedications of any kind on the Mapleton Properties as a condition of approval of Project improvements to the Water Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to be utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Page- 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION Mapleton Properties, Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of ownership of those properties as stated in the original Exhibit 7 to this Agreement. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 2. Section 4.1, System Ownership. The Parties agree that Section 4.1, System Ownership, shall be amended to read as follows: "4.1 System Ownership On or before June 30,2009, Tigard shall pay to Lake Oswego the principal amount of Two Million Eight Hundred Twenty Thousand, Five Hundred Fifty-Seven Dollars ($2,820,557.00), together with interest on the principal amount at the rate Lake Oswego would have received if said principal was invested in the Local Government Investment Pool from the date of this First Amendment to the date of payment. Lake Oswego agrees to dedicate the amount paid as working capital to the Project. Upon payment, Tigard shall be granted by this Agreement an equitable interest in the Supply Facilities as if it were a vendee under a land sale contract. Title shall transfer upon completion of the Initial Expansion of the existing Supply Facilities. The Parties shall each then own undivided interests in the Supply Facilities and Property. Such ownership shall be a percentage ownership in the Supply Facilities component as set forth in the exhibits in this Agreement. The existing assets shall be valued as shown on Exhibit 1 and the contributing partner shall receive a credit for the asset value. If the initial Expansion is not constructed, Lake Oswego shall refund the amount of Tigard's payment to Lake Oswego plus interest at the LGIP rate within 30 days of the decision to abandon the Project and Tigard shall have no further ownership or equitable interest in the Lake Oswego Supply Facilities and Property. Tigard will execute any document required by Lake Oswego to convey any interest Tigard may have in Lake Oswego Supply Facilities and Property. Tigard's purchase of its percentage share of the Supply Facility assets shall be by capital contribution,mutually approved in kind contributions or payment of design, permitting and construction costs for the system expansion so that upon completion of the Initial Expansion, Tigard's contribution shall equal its percentage ownership as shown in Exhibit 7, Lake Oswego's percentage as shown in Exhibit 7 is based on its contributed assets, financial contribution to the Initial Expansion mutually approved in kind contributions and other mutually agreed factors." Section 3. Section 5.1, Creation of Common Ownership, The Parties agree that Section 5.1, Creation of Common Ownership, should be amended as follows: Page-2 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION 5.1 Creation of Common Ownership Title to or easements rights to all properties over, under or upon which Supply Facilities are or shall be located (Property) shall remain in the name of Lake Oswego until the conclusion of the Initial Expansion. Tigard shall have an equitable interest as if it were a vendee under a land sale contract. Within 90 days following substantial completion of the Initial Expansion, Lake Oswego will,by Warranty Deed, convey to Tigard an undivided proportionate interest as tenant in common in the Property as set forth on Exhibit 6, attached hereto and incorporated by reference. The Parties agree the Property owned by Lake Oswego as of the date of this Agreement shall be valued in 2008 dollars. Property acquired after the date of this Agreement shall be acquired proportional to ownership according to the purchase price paid. Closing costs for the Lake Oswego transfer to Tigard shall be shared equally." Section 4. Entire Agreement. In all other respects,the Agreement dated August 6,2008, is in full force and effect except as may be specifically amended by this First Amendment. TN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARI] ,4Or. Mayor Mayor Dated Dated Attest f-VCetittirJ Attest a`1' City Recorder City Recorder Dated Dated City Attorney F City Attorney Page-3 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION AND OPERATION eo^ 5 •R R Pik i I �?��W -�3 §HKARAW, n'EM . . . . EFAHEhm$EIm�K AREOm'HriE§ EMR 4 - q 7 Z. 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Ij ; w E .Z Scam ' n �a ..c�� v 3 2a '`s ��, �c` E n a'-� � am i Sok m pi ql Fsm m` cn n.g� ill �Em.em z¢R �r5 � � ._ a o`o `o ° n Ta CH:� w' n g g4a o _ �� 8� LAB art g� ' a N L' ; A IF JD 11: '� a W 5 a E 3".` ' 2. 55 E :3 wa � $ 95 ¢. g a i° .p F� S 'a � F38 &=8ka �a �'� g_S a 3aaa N ~ E ~ ni5 � 3 v �w �carnxa[uN .PitA 34ua7awLa,1N .0 vnwuiAlah61-1 M�3elmueuewuFim ury BA n a€sd i $ m 1 0' 'n a ° n s i4 nn 1,1,,-r..vvav a EXHIBIT_6_ DETERMINATION OF TIGARD BUY-1N I Net Tigard Original(`osI Reprndlretion Allocation Tigard Share Asset Tax ltap1 Tac I.nt Clackamas Co.Deed Cost /a 1'Iarkamas Riser intake& Pump Station $ 1.91 L733 S 1_832.454 0_I10% S Cilieknmas River Intake 1 :end* 2 2I:70(•A 15001 Bk 173.Pg 900-902 S 10.150 5 2611.11(81 14/'38 5 95,789 I ouniiiiivr M!Lslenrlwnl'11+;1re. 211.232 5 72.311 11'38 S 26.641 I.inislred Maier I wuismissiou S 2.111.711 $ 5,-1.10.227 01011".6 S - 1;cite rrli Plant S 6.5011 S 15_561 11138 5 5.733 R:t''i Water Transmission $ 612.137 5 *.46{1.521 1-U38 $ 906.508 V atuga Reservoir 5 1.281.427 $ 1.960.196 11.00% S - 11'nhrga Reservoir:Land Reservoir Property 2 1 r 117 Al) 0100 Doe 72-06414 nla S 342.491 14138 S 126.181 Walu€a Res 1i l' 2 IF.07A f] 007011 Doc 76-36977 nla $ 1.359.585 14138 5 500.900 4800 Carmen 1)1* 2 11107AD 00900 I)nc 92-003401 5 323.300 $ 913.309 11138 S 336.482 Vacnnl Parcel* 2 IF 07A17 010011 Doe 92-06344V $ 323.300 S 913.309 14/38 5 334.482 Water Treatment Plant 5 9.731.005 5 11.70.1,89.1 11.00% 5 - Water Treatment Plant Land 1260 Kentliinpe 1L'a'.-palccl 1* 2 I I.24131) 00300 Ilk 688,1'g 581 Ivu 5 2.3.13.7941 14'38 $ 863.501 4260 Kenlhurpe Way-parcel 2* 2 11:24151) 00401 Doe 79-353.48 nia S 262.815 14/38 5 96.827 4- 1-5-1144 h4no-l4 2--113-24111) 01-2340 Ano:8i9-10200 ' $ 05,000 $-----3112,166 1413!3 [$1-41l7-9R) 4.40. MapleFen1)r* 2-41--24131) 01-300 Dor 9S 3342-9 5--.- 190.00 $ 374.044 I-4 8R (4139,390) 4415-Mala1eten•Ilr't 21024(31) 0-1-4-00 Dw-8913210 5 -1-1-6,0011 4 378,341 14 (4139,3911} o—.Mapletoi>-I1r-"• 2.10 24111) 01500 Doe 89-13210 S - --- --1-1,,000 514-9;045 1 [154;9113 '1'ulals ' Icss 21106-168190 S ;7.087,785 S 31,169,368 S 2,820,558 •74,1••^,+•loner.r ern.Fm Uwe rrnpenics,reh,crd on aq 3rprarsal rood W Ied 1,1,IN tegra Vont%Reuro!.es Iluly?^,It! fhtlrrlr I.rn+riJsiirn N.'alncv lei Fur cels no/s,ncIen sere adlusred np,e.rd hs nmenJnumll ,lih„ar,.,-s_ti,.rd„o 1.1 mod.113$mpd nnacc+h.nhIee!ed In Tigard ':ti it rrl•°1 i•ci•:•ii ec5l ineludespscalrirun by II'R less IltpraCgl MO EXHIBIT .7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvement Allocation Allocation (in 2006 $} * (%) Share(5) (%) Share ($) Water Treatment Plant - Existing leant nla 100.00% nla 0.00% $ - - 32 mgd Expansion $ 39,430,000 2/16 $ 4,928,750 14/16 $ 34,501,250 - 38 mgd Expansion n/a 100% ** n/a 0.00% $ - Raw Water Intake and Pump Station $ 4,440,000 24/38 $ 2,804,210 14/38 $ 1,635,789 Raw Water $ 23,920,000 24/38 $ 15,107,368 14/38 $ 8,812,633 Transmission Main Finished Water Transmission Main -Reaches 7-10 $ 38,220,000 24/38 $ 24,138,947 14/38 $ 14,081,053 -Reaches 11-12 5 17,020,000 8/22 $ 6,189,091 14/22 $ 10.830,909 Storage (MG) $ 4,010,000 1.0/2.5 $ 1,604,000 L5/2.5 5 2,406,000 Bonita Road Pumping Station 5 1,700,000 0.00% $ - 100.00% $ 1,700,000 Total Costs $ 128,740,000 42.54% $ 54,772,366 57.46% $ 73,967,634 -Project costs are presented in 3006 dollars.Actual cost will depend on project start and completion dates. Second(6 tngd)expansion is currently assigned to lake Oswego. Ctmtract provides for potential reallocation h agreement EXHIBIT 'A' SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS SECOND AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Desi n, Construction, and Operation (Second Amendment) is effective this /4 L day of e-Iy p2010, by and between the City of Lake Oswego (Lake Oswego), an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Recitals WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation (Agreement); and WHEREAS, the Agreement provides for the inclusion of a Supply Facilities Capital Improvement Program (SFCIP) and incorporates exhibits identifying assets to be constructed and construction cost estimates; and WHEREAS, the Agreement provides that the Council of each Party shall approve a Supply Facilities Capital Improvement Program ("SFCIP"), which will become Exhibit 5 to the Agreement; and WHEREAS, the Agreement provides that from time to time exhibits may be revised based upon further evaluation and studies; and WHEREAS, further evaluation and studies have occurred and the Parties agree that certain exhibits should be amended and new exhibits added to reflect this updated information; NOW, THEREFORE, THE PARTIES AGREE TO EXECUTE THIS SECOND AMENDMENT AS FOLLOWS: Section 1. Addition of Exhibit 5; Revision of Exhibits 3, and 7. Attached Exhibit 5, the Supply Facilities Capital Improvement Program, is hereby added to the Agreement. Exhibits 3 (Map of Supply Facilities) and 7 (Allocation of System Improvement Costs to the Parties) of the Agreement are hereby revised to read as set forth in attached Exhibits 3 and 7. Section 2. Mapleton Properties. The Parties agree that the Mapleton Drive properties (21E24BD Tax Lots 01200, 01300, 01400, and 01500) (Mapleton Properties) are not included as assets subject to the Agreement, but shall be added in the future if any permitting authority requires improvements or dedications of any kind on the Mapleton Properties as a condition of approval of Project improvements to the Water Page - 1 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to be utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Mapleton Properties, Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of System Improvement Costs for the water treatment plant as shown in the revised Exhibit 7 attached hereto. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 3. Entire Agreement. In all other respects, the Agreement dated August 6, 2008 as subsequently amended by the First Amendment is in full force and effect except as specifically amended by this Second Amendment. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARDIII P 4 •4 , 1• ��� - Ae Y Mayor Mayor f2 3 /10 N4ri Dated4i5 DatedA; Attest City ecorder City Recorder /?-//ilio Dated Dated AA'i :;;)!')24)N City Attorney City Attorney Page - 2 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION Treatment Plant Facilities or if the Mapleton Properties should otherwise become necessary to be utilized as part of the Project. If the Mapleton Properties are added, appraisals will be performed and the exhibits shall be modified as necessary to include the Mapleton Properties at the appraised value. Upon the addition of the Mapleton Properties,Tigard shall pay Lake Oswego a sum equaling the percentage of the appraised value of those properties that equals Tigard's percentage of System Improvement Costs for the water treatment plant as shown in the revised Exhibit 7 attached hereto. Addition of other assets and valuation thereof may be made by subsequent agreement of the Parties and amendment of applicable exhibits. Section 3. Entire Agreement. In all other respects, the Agreement dated August 6, 2008 as subsequently amended by the First Amendment is in full force and effect except as specifically amended by this Second Amendment. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. CITY OF LAKE OSWEGO CITY OF TIGARD iq et, 140 z Mayor1141 , Mayor Dated ak) 0 Dated ArifY rL Attest \. is t t u,,i_' Gi (`c CittkdorderfS1 City Recorder Dated Dated City Attorney City Attorney Page - 2 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION • • ,'+ ' _ -- • ' "U• i ''• :i- .'-, 1 ,:'1-4 ,tip .s', _ 5ti=-''Mi•.', 4.+ �" - - %i •`f%+i� a',.i •. •s: ._ -.�..i• f-.� .._'. •'1`i•t..+r-v _t..e 1.-•- ,'•,.7:k -'1~.;73..-'''• .Y~.. 1t,-•'--,"•* - '••-.7•7" :i•.'.15. - `*kr•& i? -i--1'170.3%)%s•-•••,v' t. ' '' =:k :Q...4%..._:-,.....c./s1• e-- ='S- •„.,t. ,r7• It.. •.r;- , .• +'- !: •i I r . �. s - ," •� 1��- �L'i ,�r r�i•;•_.i: „�1.•c•---2'..,.. j x- �r:_ �.� -r;� ':`i + „i, it r.=. it. '+ ►. a r � mi,' o; ,ip + r � ' - = � - - ; r.t. •''=' EXHIBIT 3 - Mapof Supply -- -- , .- Facilities . ,4-:4 ,;.. �., '. a :,ar=" yam` . ` f �� - X91 :+ is , 'may .• '+r1!1,41.4' "f •.j. 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"' �tu Clackamas River Intake 'r'.rr -de* N'f + •".1,_ • ''31,1 ._ ,,_,'.4.41.? ;-" F •tru r L :' ;�N a x�.4..., ' ' r • .>?V=• • ,� ti's. - � •�' ,.•r...14-:-.5 ��, r `,t-: _ ��� .v.• •"�. �•��,�' - FWP Recommended Alignment .i r '' .}T �f • R-,• ti �r ''r} y� Ys x. • '�: _ weir .` • . a RWP Recommended Alignment - rifx_`-' 4. r x r: r%-'4•A '~ ,rn+r - Existing Finished Water Pipefine �,� ��,;rr'1.•....,` . `may.: zy c� 1- -.7-.-�7,1 a .• " 'i ' y-,-l. `�' :4 y .t +. : ''s f � W •r..' .� f .^ •r Existing Raw Water Pipeline ' ..-•.•`i" r;= f ' r -,- 4. !•Lr,�• .1g t *Yr, • ' t, - • MI Mlles '+• 1E: '+ .;}' "' *•• y -.i'5• :.• "r •-�?• i-D '. N.'- MI ,}i •_ 4 - •, •r riL "_r44,-, . �'s�= .,. • -411&„- t - _4: `a- 'irz`..A: fi�'y3Y.. -- +4 •. . _ - k'.1. 1.t.•: 1[-. � ,i. 'yir. '+ 0 Lake Oswego • Tigard pow Water Partnership P . 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'. rr.•i • 1-• ,A._:,I• rV L... a J [Y'/r/• w.PiT..1 •• ..`:i: ,{ *i - 4 f Brown AR,Caldwell LAKE OSWEGO/TIGARD WATER PARTNERSHIP EXHIBIT 5 to IGA SUPPLY FACILITIES CAPITAL IMPROVEMENT PROGRAM Summary Project Name: Lake Oswego/Tigard Water Supply Expansion Project Description: Plan, fund, and construct improvements to Lake Oswego's and Tigard's water systems,including an expansion of Lake Oswego's water supply system from its current capacity of 16 million gallons per day(mgd) to 32 mgd, and infrastructure required to provide additional flow to Tigard's water system. Funded /Unfunded: Funded Estimated Date of Completion: July 1,2016 Justification: Intergovernmental Agreement The total projected revenues and expenses for the next five fiscal years are presented in Table 1. Table 1. Water Supply Capital improvements Projected Cash Flow Fiscal Year($in 000's) Revenue Source(1)(2) Description 2011-12 2012-13 2013-14 2014-15 2015-16 Total (LO) Operating 0 0 2,800 3,000 1,239 7,039 (LO) SDC's 450 550 550 550 550 2,650 (LO) Bonds 4,615 16,825 39,388 28,919 0 89,747 - (LO) subtotal 5,065 17,375 42,738 32,469 1,789 99,436 (Tigard) Intergovt'l 5,835 20.015 49,232 37,401 2,061 114,544 Resources Total 10,900 37,390 91,970 69,870 3,850 213,980 Expensest3l Design 5,140 6,390 4,500 790 0 16,820 Proj.Admin. 5,760 6,280 6,390 6,360 1,420 26,210 Construction 0 24,720 81,080 62,720 2.430 170,950 Expenses Total 10,900 37,390 91,970 69,870 3,850 213,980 Notes: (I)Lake Oswego share of costs= 0,4647 (2)Tigard share of costs= 0.5353 Total= 1.0000 (3)Expenses are based on Class 3 construction estimates with accuracy of-20%to+30%. Lake Oswego-Tigard Brown. Water Partnership Caldwell sMarngwater•toniurnnpcammuNt s 7 Exhibit 5-Supply Facilities Capital Improvement Program Program Overview The scope for the project includes design and construction of the following infrastructure: • A new 38-mgd river intake pump station(RIPS) located on the Clackamas River in Gladstone. Initial capacity is 32 mgd but sizing will allow later expansion to the ultimate capacity of 38 mgd. • Approximately 14,000 feet of new raw(untreated)water transmission piping (RWP) connecting the RIPS structure to the Lake Oswego Water Treatment Plant(WTP). • Expansion of the WTP from its current capacity of 16 mgd to 32 mgd,with provision for future expansion to 38 mgd. • Approximately 35,000 feet of new finished (treated) water piping (FWP) connecting the WTP to Lake Oswego's terminal reservoir located near Waluga Park. • A new 3.5-million gallon (MG) water reservoir at Waluga Park. • Replacement of Tigard's existing Bonita Pump Station (BPS) with capacity of 14 to 20 mgd. The benefits of the IGA and the water supply improvement project include the following: • Tigard's ownership in its water supply and decreased reliance on water supplied by Portland • Joint financing of the project by Lake Oswego and Tigard • Increases in pipe size for raw water and treated water transmission • Increased water treatment plant capacity • Increased treated water storage capacity • Increased pumping capacity for Tigard's water distribution system • Increased water transmission capacity to Tigard storage facilities Table 2 provides a more detailed breakdown of costs by year,by project,and by Sponsor. Project Funding Source Lake Oswego: The Water Fund is an enterprise fund used to account for all financial activity associated with the operation and maintenance of the city's water utility system. Water utility improvement projects are supported by water fees,which are restricted to purposes related to construction,repair,and operation of the water system. Additionally, system development charges are recovered from new development projects,but this is a minor portion of the overall funding for this program. Tigard: The Water Fund is the primary operating fund and accounts for all costs associated with the water system,including ongoing maintenance.The Water Fund is an enterprise fund which regularly transfers revenues to the Water CIP Fund which accounts for various capital improvement projects,including the Lake Oswego/Tigard Water Partnership. Tigard also assesses system development charges which are allocated to appropriate capital improvements. Tigard has intergovernmental agreements with the cities of King City and Durham and with the Tigard Water District. Funding Status: Funded 0 Lake Oswego•.Tigard Brown Water Partnership Caldwell cho mu;„mer-c»,ntifrng ummwrth e5 2 Lake Oswego Tigard Water Partnership Table 2. CIP Cost Breakdown and Allocations ,f,,,,„,r,,l:'nfar•,[r ttrlc,r r•••:CORtRItrflaie5 2009!1017 2030(2011 f 9C11l1071 391202013 z - 001100 or*+w nand 1■►ww.ge TWIT' L.►pr.ggp rk•c+l Lok.Oswego Tigard t,1:e w...i. ry,na Tour Task reap roan • • Alibi.:4E!. SLIM. • 46,47% 53:1175 13. , . "` 46.47% I 4.5394 44,47% 53.57% Program Administration Program Marla,noel,Petmlltmr..•:1.1 54,420,030 i $3,4'64,000.__ 57,366.0139 S5,4701000I $2,542,000 , $2,928,000 — 53,370,000 1 $1,566,000__ 51,804,000 $4,640,000 $2,156,000 I $2,484,000 $4,640,000 $;.1. r.-q, 77,404,000 Sponsor,Land,Other Services 5770,000 5354000 i $41;,000 $2,360,000 $1,097,000 $1,263,000 $2,390,000 I $1,111,000 $1,279,000 $1,640,000 $762,000 I $878,000 $1,750,000 3833,000 5937.060 PROJECT TOTAL 53,390,000 52 637.000 57,773.000 $7.830.000 — 53 0.0a0 54,131.000 $$.iCO.GJI • S7,cn,Om - $3.093,000 >6,ia0,(u $1,95,3,OOD $3362,006 .66.3so,07,0 s7.969,000 538 17.000 RIPS Design and Engineering $830,000 $386,000 $444,000_ $550,000 $256,000 $2.94,000 $130,000 $60.000 $70000S7n0 Construction $5,770,000 60,663„000 +5),048.000 $9.ocapoo__ St1.601,000 I $5.199.000 PROJECT TOTAL 5630.000 5996,67o 5444,000 6550,000 6156,000 $294.060 55r-9E400052.74;600 • 5..159,000 59,900. 601,650 000 54, 55,199,000 MP - — Design and Engineering __ __T - $950.000 i 5441,000 1 5509,000 $440,006 I $409.000 $171.000 Construction PROJECT TOTAL __-_ _______ _._ 56.360,000 $2,900,000 I $3,340,000 513,510,000 L_$5,279,000 __I__$7,232,000 -- 91iir ` • $7.190.000 63,747.000 56,249090 314,394000 ' 56.687,000 57,703m0 Design and Engineering ---- 51,710,000 54900 $660,000— 53.090,000 , I 51.413,000 $1327.000 52,920.000 $1.357,000 156 53,000 $2.260,000 ', 51.06D.0000 57229,999 Construction . .._ .. -___ .-_ $34,700000 I 0144125,000 $17375,000_ PROJECT TOTAL I 53,270000 5590,000 5680000 530/4000 1 15;413,000 51.417,000 52,920'., j 530.000 • $ 143.700 $34430,000 517.135,600 795 Fw5' ~ Design and Engineering ' -$1.030.000 5479.000 1 $551.000 $14530100 i 5550,000 $9!0.000 51,020,000 I 5474,000 I 5546,000 Construction I - -L' -r, 4 $5,940,000 62,760.009 i 53,118,000 518,990,000 I $8,825,000 I $10165,000 PROJECT TOTAL - • 11.001:09 5479,000 ''$551 87.770,+,43 504-70,000 64,160000 550,014000 r 53..299,000 5,10,711.000 0081 Design and Engineering `-'(2.000 $17,000 $00;000 $440.000 f $253,6W 1 $257,000 5130,000 560,000 i 100 :. . Construction $70d PROJECT TOTAL -- $6,500,000 $3,021,000 i $3,479,000 _ $590,0, 000 I 5274,000 $316,000_ 599.000 542000 $49,000 6480,000 $123,00 13871.000 56,630.000 53I031<000 I $3,549,000 5594000 1 5274,00 6311.000 905 Design and Engineering $40,000 ,, $10,000 521.000 5470,000 5200.000 I 5230,000 $320,00 1 $149,0001 5171.000 Construction - - PROJECT TOTAL � `� � �• - $31034000 j 11808,000 $1,622,000 PRObA 540.6 514000 011.000 9434000 5280000 I X 0,.0 000• 53,35 i SOS,Pca 51,793.000 Design and Engineering r ,. • .. -'- I . Construction $550,000 1 '5125,900 I 3141000 9360,000 I 5167.000 i 5159,000� PROJECT TOTAL - ---- $2711,13M 93is,03o 9343.000 5384606 • 5147,000 5193,000 FY Totals $5,190,000 1 57.55,363,000 $10,900,000 41x,000 I $2,774,000 510,020,000 I $4,657,000 ^ L I $5,067,000 1 55,653,000 537,390,000 $17,373,000 I $20.017.000— 591..970.000 I $/7.739,000 I 1/9,731.,000 i of 2 Lake Oswego Tigard Table 2. (cont'd) CIP Cost Breakdown and Allocations 0 water Partnership ,,,i,,,„„„..,,,••rO'Jnnrtin9 conm.•r-,•ip• 20/602015 xranteui 201002017 Ratak Ext bka Osaago Tigard Lai.OM...0 Tigard Taub Ida Oswego Tigard es d Program Lake Oswego Tigard Tobi. lrrnd9 16.47% 59,59% 44,47% 01.531E 46.47% 53.59% :.0,00% 46.47% 53-537E Program Administration e - • • Program Management,Permitting,CM _ 54,640,000 $2,11,000 5:,18.1,0 _ 5150,000 _ $70,000 $80,000 $27}3V,000 $13,71b�00 $14,63git0G -- Sponsor,Land,OtherServices $1,720,000 1 $799,000 $921,000 $1,270,000 $590,000 �L $650,000 $850,000 I $395,000 ' $455,000 $12,750,000 �` $6,825,000 PROJECT TOTAL 66.960=0 u�r5000 - $5,,25,OOD rW5,000 51,420,000 5660,000 5760,000 6395,000 $� 1.190,,,,,,• RIPS I �'' 5+�� uo,6 y4i,66s,0a0 .. .. .1.1.1.1.1.1.1.1,, ca,aa, i Design and Engineering ---- $i,5i0,uu0 $snto,p0E1 $gI ,,DOQ. Construction - - #} - ------- - -- ----� - Ii PROJECT TOTAL --. _ 't7 .. i 515,670,000 _ $,; f $3.364.096 R'wr _ i -• $:1.196.000 Design and Engineering $310,Ii0o + •, • � 144,000 $166,000 - �--- i_-_- Construction $5,200,000--I--$2,416,000 _t $2,784,000 - ----- _ _ $z,140.000 E 5994.000 51y16,,00 ` - - - - $24950000 i $11,594,000 ! $13,356,000 PROJECT TOTAL 55.510.000 $2,560,000 52,950,000 '' __ $27,090,000.._____._..$12,5131000 S14,502,000 l 0 ATP Design and Engineering $190,000 _ $80,000.-'-..$102,000 -__-_____. .. .__.__�________ Construction 534.700.000 $16,7.75.1100 I e+a 575.000 •700.000 $4,506000 65,197000 -__._-__..-I�_- tang _____ PROJECT TOTAL Wiz----- $111.677.000 __"' ---'-- - - >eyaw,W _ 532,250,060 37,150,000 534 890,000 .. _"--"!--_.$9_999 FAT - - 579,100,000 596,75E1mo 51;,342.000 0)odgn and Engineering $270,000 $125,000-_ $145,000 ---- ---- --- _--- Construction _'-- -, •---1---,0- , --- ., $4,350,000 $7sr11,00 $4,779,ni <,T9o.0o0 $E.92500p s1n._lssmo $2,370,000 c..1.1.19.1.1.19,, i 4:,269, ... PROJECT TOTAL $19.260,000 I $9 yso,opo $19,13000 $2,370,000 51101,000 $1„269,000 . _--------:-----`- , 0,000 $21,511,000 �_ $24,779,000 WR $50,440,000 $x3.440.000 + 527,000,009 Design and Engineering 6' - - • Construction - '. -- - - S700,000 1 5325,000 W2.669) PROJECT TOTAL - k - �-- • $7,090,000 $3,295,000 I $3,795,000 BPs $7,790,000 $3.620000 $4,970,600 SonignandEnglneering tannin - lemn e..• --- - $1,613.000 a..,w1 Construction $3,470,000 $1440,000 >;ir,.Opp t $430.000 $1.957,000 1 1_______ PROJECT TOTAL ___.. -_-_ r, $7,31,000 $3,021,000 I $3,479,000 53.490jo00 S7.622.500 $1.906,000 ---- 57.310.000 - 53,397,oao---J----- 53,913,000 -- S:AvA - - .. Design and Engineering - -. - "- -- -L $0 I SO $0 Construction -•$360,000 ; $167,000---••---$193,000 $60,000 $28,000 i $32,000 51,030.003 S♦04,000 $9567000 PROJECT TOTAL $360,000 0167.000 ( $141,000 $60,000-. 10 5200 ` $39000 ---_-- ---__ - 51.0.4000: SUMO) 556700 0 FY Totals 069,870000 f $92,167,800 $97,443,000 $9,050,000 j IF $1,789,000 II $2,061,009 $950,000 $395,000 $455,000 $230,000,000 $107,000,000 $123,000,000 2912 Exhibit 5-Supply Facilities Capital Improvement Program Program Area Descriptions The water supply improvements include upgrades or replacement of the existing facilities. These existing facilities and the proposed improvements are described in the following sections. Existing Facilities The existing water supply facilities either will be upgraded or replaced,as listed in Table 3. Table 3. Modifications to Existing Facilities Facility Expandedlreplaced Justification • Insufficient capacity for future water demands RIPS Replaced • Seismic vulnerability • Electrical equipment is old and worn and does not meet current standards • Insufficient capacity for future water demands RWP Replaced existing left in • Condition of existingpipeline unknown place) p • Seismic vulnerability • Insufficient capacity for future water demands • Electrical equipment is old and worn and does not meet current standards WTP Expanded • Finished water clear well is undersized to meet regulatory finished water quality standards • Existing direct filtration process requires significant operator attention • Chlorine dosing requirements may lead to increased disinfection byproducts formation FWP Replaced Insufficient capacity for future water demands Expanded(new reservoir • Insufficient storage capacity for current and future conditions WR installed adjacent to existing) • Occasional issues with insufficient water pressure in the nearby neighborhood BPS Replaced Insufficient capacity for future water demands Proposed Facilities The proposed water supply facilities include a new RIPS,new raw and finished water pipelines, expansion of the Lake Oswego WTP, a new WR,and a new BPS. 0 Lake Oswego •Tigard Brown Water Partnership Caldwell 5f,,,/water NV/1E0rg C11f1V1'Li 0+P.: 3 Exhibit 5-Supply Facilities Capital Improvement Program RIPS A replacement RIPS will be constructed on the Clackamas River in the City of Gladstone,as shown in Figure 1. The replacement facility will pump water from the Clackamas River to water treatment facilities for subsequent distribution to users. It will have an initial capacity of 32 mgd and will be expandable to 38 mgd to supply future water demands. The new RIPS will be located adjacent to the existing intake structure and pump station,at the bottom of the Clackamas River Basin,at approximately river mile 0.8. The existing RIPS will likely be removed or abandoned. n - F ,ro" , ii' .4,- , .....„ litoi - i 44 14V1*'''' ;41111411;;;.':4 s . • qli' «E , City ot GIAListone t ., 44) . , - J1.4 a 1110. * - Tie' ,r r J •�Rrt 14V:10I It .nf•�. a s i. ]r • . • ,. P'l s. • a. ,,,,, , . .. .. rR' • -' ..,, i. r 1 t d .�r* ,.. t t2•_ •'` 1 ' F.wl•.br 1.a..rywow0,..PR { Figure 1. Proposed Location of New River Intake Pump Station ii,, Lake Oswego•.Tigard Brown Water Partnership Caldwell fhorrngwere r•cpnnaamgcomlin,r roes 4 Exhibit 5-Supply Facilities Capital Improvement Program Raw Water Pipeline Approximately 14,000 feet of new RWP will convey water from the RIPS to the Lake Oswego WTP,located in West Linn. The new 42-inch-diameter RWP will be installed parallel to the existing 27-inch-diameter RWP and will have a capacity of 38 mgd, as compared to 16 mgd for the existing RWP. The proposed alignment for the new RWP is shown in Figure 2. `'`may �;r- - `!)'; -*, 4�r -i-,' . 's1 .4‘,. —?4,4%;# t a. . 4. , i. ..- 0-- , . . 'v.-.,, . ,.r.A.4,, -*- . - 1 :: :. . .-4,' .., *,'i, at',' i. l,• 4... %%. �•- " < t:, .•1 .0 411111‘, .• • ' :7 ..'- :.. , ,.., .§6.-1-\ , ,A., .;416* -. ..-: • ..---,, ....•.$.01.0..?4_ 0.. ' t': r1.yw�• • .tui -• `•!!,,,r • +'• •.f i� 'v �I� x .• . r , 'I. - ..ii,,,1, A , •,,,,,'.. .t.,irt:;,),•„ 60....ki,. ri .. !1.,, .,499;1•••i 1 4,..ei%T.' •,�,43i�.y -,t� a t i �� ,s' 1. •••. s fri t 1 ' 1. - . ; rt a' ;Iliy tf •:c 7.). [ - i'� ':Nt.. • ` , .... ...... -• � 'n Y } s` �,S 11..AY►Wmn1, 1 •1 ._ ..i �s1 L ! 1 • Figure 2. Proposed RWP Alignment 0 Lake Oswego•Tigard Brown Water Partnership Caldwell shoring water•connecting[corn runes 5 Exhibit 5-Supply Facilities Capital Improvement Program Lake Oswego WTP The program includes provisions to upgrade and expand the existing Lake Oswego WTP. The capacity of the WTP will be increased from 16 to 32 mgd,with provisions for an ultimate expansion to 38 mgd consistent with the maximum water rights expected to be available from this source. The timing of the ultimate expansion to 38 mgd is not certain but may occur as early as 2015. The existing WTP,built in 1968,has undergone numerous upgrades to improve its performance. The State of Oregon has designated the WTP as a direct filtration plant. The WTP includes a pump-based,rapid-mix system,three contact basins,six rapid sand, dual media gravity filters,a clear well, four sludge decanting and dewatering lagoons,and associated chemical feed systems (alum, poly-aluminum chloride,powdered activated carbon,poly-electrolytes,hydrated lime,carbon dioxide,and sodium hypochlorite). The recommended plan to expand and upgrade the Lake Oswego WTP will be to reconfigure the plant to conventional filtration with pre-ozonation followed by biologically active granular media filtration. Other modifications include a new,larger clear well and finished water pump station, mechanical processes to treat process waste streams and residual solids, upgrades to chemical feed system, and miscellaneous improvements to existing buildings and site landscaping. The preliminary layout for the WTP expansion is shown in Figure 3. This layout will be revised subsequent to further discussions with WIT neighbors and the City of West Linn. • 0 Lake Oswego Tigard Brown Water Partnership Caldwell ,hnf+' ii ,y ,..xpriecrui9 convmmitcs 6 Exhibit 5-Supply Facilities Capital Improvement Program r. , b L. i - .. ' --. R r e I n, r n r a 1 P ,, tvpit,maw ,- __...a..7— _ _.,,, ;, �. ` Z .- rhe ` r 1 � t, r• 3 4 1�rl •� ,1 •k •,�'�.S -.a - '. , .• ''i7 _ 6.'!x.4 . f 1 ` i � * F .. Y. . .r ° 1iia J r PIP ::..,4"H::: , (0.....1.1' , I r -- • • _ _ – rt.. • Ir • til .:111.3+[6E3.3 { :.." . 1. -.. uwnc on+mann. u mc.x:v+-.mrw+sw^ 1 .. .. - AZ) ..n.rte., It ' .- .`n:, •e•e•E•a.c arer.•c + 2. a...sn., .ars a+r*w. - - s . •! •o t •!'• ' {� 6..Vn.4 .. w.a.•eass vu •W- cu..+u a,Iw. _ rc "� r r i' _ (. WllJi1M V :fYJKS,nY.[sAbG.riM xKuN lat. ._ ._�__-____...-.__-__.._-.._.i�_�__ 'r•-• • _ • ,•� If •M!•.IPM.G,fRw..uYf. • .w'M"7 r-r...P.T...........nI, • - :,h� • - Y_ • 11 .q} vicen+,.w,w m...r. Tx •+aF.a6.ra.rr'a e 'er Iw ,r�' ,''"'�`" Y .-..# PROJECT DEFINITION REPORT LAKE oS EGO WATV2 TREAT 1 N "' �' .•em.I,x+c<m-w. m 111=013.1611,...:2;114 —17-`—. _- +.,:a.nyq ewsrvn�r�aN.TcRNATME s3a _ _ ..C••,1wKfrJy WPoV5,9•,......_!,0,a CONVENT!OVAL VATTI� "'��' .. _ _- _ e[•v;T.e 9N..r.a�:.+uryus CS 0. LAYOUT s r•---. .. ,. "'.•" -— ..- r LVOT ar75>�ECP9lFES•sO.+i OZONE AND 9nF A S C Z .r F _f - i 1• i { t I. I ti •_ .. E Figure 3. Proposed WTP Expansion 0 Lake Oswego•Tigard Brown.v Water Partnership Caldwell s 1i f nc 6+Irer••-anntalr vcmmunirmn 7 Exhibit 5-Supply Facilities Capital Improvement Program Finished Water Pipeline A new FWP will convey treated water from the Lake Oswego WTP in West Linn to the WRs in Lake Oswego. An optional FWP may be constructed from WRs to the BPS in Tigard depending on sponsor preference of design criteria. The pipeline will be sized to convey a maximum flow of 38 mgd and will consist of a combination of new larger pipelines to carry all flow and of existing pipelines coupled with new parallel pipelines. The proposed pipeline diameters range from 18 to 48 inches along the preferred alignment. Parallel pipeline diameters depends on results from modeling efforts,condition assessment of the existing lines,and design criteria. All pipeline alignments are anticipated to be within public rights-of-way or within easements. The preferred alignment is shown in Figures 4, 5,and 6. • 'e,, it ,;•-: .t. a W ,,, it ' •Yry I� c7r7►., '• .�• • ':�� �, ry4` ti „ ' 111• :� d V fir. i ^art' ,rites=, .7...4:1�� ,lotx. ;'*KT. Y' --s; � - _ .:^. +7 •� , .Ili'.. ',-;,N7:, ..�- a. li 1 1 , . 14.; ze• '41' •11,,".*--t,i't• ,,.::-. ' '; ,..-:', 4,',1 A '" -' ':;.4'..f•L '111% 4 'N, r J ' x{.41 '� J r ** Q- '�j-',...-44, , a 1 . '/‘e 4, .: . n,'-,,, Alr t.' .M14 :' igrktit. .2, . 4*, i'4^..ti ' .114Letl:f ' 4;<.;t1t't ' 4:*.! 4'.s ii'41g 4' ;cf., --'1" '1101, i . Figure 4. Proposed FWP Alignment-Southern Segment 0 Lake Oswego •Tigard Brown ,; Water Partnership Caldwell s11m1ngwatrr.srnnnernrtpcoml./wren/4.s 8 Exhibit 5-Supply Facilities Capital Improvement Program 4__... -........"a 0 el • a�q. R7 o4 �} rAr..r. "y1! r...H' '1 • + e,,�.�,+' • '!Sl a�.� ''rr �� A N . •"sir•'► ' '1.+ 0,'',1,:;.‘,* t n }44:2 1 Tr• - ' ,. ^, . •.i 1. w..'; . 'rA 1'1•/� y� r• w'i� k is - s.c ~ •_:_4' • i r L+�` , 4r. ._w ':, 'r �. :7 T akti� a }x.: rr"' '• it'• a •1•�t i :,�J r r A A4rii� �:.*}..T? • . ''1. �s�;t + , 1,0 • ,txsrco-o.r,n.srr� • �. ,, p f� +� ry ' r ".rk.x+. r - 1.I k- ' -,•(•?i + .•/ u:,,,, P �w�, ct . ol r. Irf •4 a • - 6' 8 i of - ti '+i 1.,,'rr6 _as 1` ycl 1 • '7} r + r .:1f ' '-W. e`�lwr r • v:i''es---r-t.. •-k• .7 _r4 frfril .,, ■r 3. a wr K ••:.. ~-' ._F•1 .i • i. rf&,'`t. 4f, - �,',..'. .,i�� ..:,,,,,-,..:.., gr., .... -.. ‘1""k• •-=-•Ira 'jai's"Fi4""...4Audi japt,,... . • li I. Figure 5. Proposed FWP Alignment—Central Segment „-"• t 7�--,44 „" r {•PT-' 4:t' i.'j. "My A.; 4• ,4_1 • •I. 314- -,jig • i • to, t a Ciii ri::y.. ,..„.,...>' z it Wit: .. .jt' �, „�N.l 4r , le ' ' . '4:i5 e II lif,••f, ttO•,• , _C;,,,,"..`i` . r '.+I •^-al 4y /� f� lJC, 1� •'C' rl+-.' j! C Axl • • ,* A�. :aY w .. .' }z'+r:}'r �-_w. _'i •S *':-.''. •� ~ 1t„iik., 4. * 1i. yrR, 3 �:,.er •I-It },l Jy� tl.., ,a ' i .,.• , �f i '41 +44 - t .., �,' • . - oilL', ,, . ‘7....„,,-4,.-7..,,0014w4,14: ....--fro, . '�yii -.1 •1\-11---LEY- IL cn:ti . • 17•%i! • .t - +it' ,� ..'Y. �' ...._..0i1.,,,",07,+ rl . • ' k'r yi } .� . 4.i . ~ a r'• I `i �.- -...4-- 'Y t!.jai♦ '-;"►fit l ..:i -. ;.:'err 1~'. • w•• - zuysit1.rx'1) — ' -h c^+ �.a� I.+:...:r:+( ��' lea i.i•. e. • Y r }{ YY-- 1. 1 `T �:. �a�il•+ L •!Inc ti•L �Y ('€;:.• , ,, +. "i.. •i . S!'•L b i�-p f r,� i •--x- . . .e.--,' .,,:r...,- ;, �c.e,i.,......,..r... 4 ' i ..' . • • - f t: j•. '....',I/. ,....2Gi'!,"r'Yz:. , Figure 6. Proposed FWP Alignment—Western Segment � , Lake Oswego-Tigard Brown Water Partnership Caldwell 9 shoring wow•conrl4i ong cornmw+xk> Exhibit 5-Supply Facilities Capital Improvement Program Waluga Reservoir As the WTP and water supply system capacity are expanded to serve demands forecast for Lake Oswego and Tigard,an increase in WR storage capacity of approximately 3.5 MG will be required. A new WR will be constructed alongside the existing tank to meet these additional water storage needs and will function along with the existing WR. The WR tanks will also supply the BPS through the FWP. The proposed location of the new WR is on Lake Oswego-owned land and will be northwest of the existing WR,as shown in Figure 7. � . , - / , „:,\kr . i• ,, 44w; , -4,. • 0:lit "A• irnanei • + . ."1.0. 4' �1•C a■■e Polenties Finished Wale.P�pol[ne WeIrmeM '• .'' + - s L7i �,+ .t - E<slinp Fuashed Water Ppo-rme _s• a-. . A .J - Y . "' , -.. r Cilp of Loke Osexyo Aropert� - - R t 1 r .' 'V Z ' • ♦ t- t i '� i s ! . - + r -iii Figure 7. Proposed Location of New WR 0 Lake Oswega•-Tigard Brown Water Partnership Caldwell shonr�cwrneY co-II crulQ[77nrnruhlrrl' 10 Exhibit 5-Supply Facilities Capital Improvement Program BPS The program includes provisions to design and construct a new BPS as part of the overall water system upgrades and expansion. The new BPS will deliver water from the FWP into the City of Tigard water system's 410 foot-elevation pressure zone. The proposed mechanical layout for the new BPS is provided in Figure 8. As the WTP and water supply system are expanded,peak BPS water supply rates will need to increase to approximately 14 to 20 mgd to serve demands forecast for the City of Tigard. The configuration, capacity,location, and age of the existing BPS are such that it will be replaced with a new facility. The existing BPS installation likely will be removed or abandoned. Alternatively, the existing facility could be retained in reserve to provide a measure of redundancy for the new BPS. The new BPS will also likely incorporate provisions for emergency water supply interconnections supporting pumped and/or gravity flow between the Lake Oswego and Tigard water systems,with potential emergency supply linkages for other area water systems. / /---li _ ill .1 u u r ' _ — V n. d --i1 -if L 1i Li il- a .II I i E Simi!Eli i•SOS is■i =i Figure 8. BPS Proposed Mechanical Layout 0 Lake Oswego•.Tigard Brown Water Partnership Caldwell shanr.cwcer•connecrfopcam o+ries 11 • . . 2•:.:1-,.".. Ir.-'.',..:'!...-Ii.i, ''''..", -44 Wilis. •• TtilliWg --:.x.::: =. ..:••44.- *t--- ...-r...--- - , it,..-r• -",3-74vi..-0y.Ark-:•' 4.;;-• .4-- ,•,•,4 ...,,,- -- .... , . • .--‘-.10,--•,,r, 0. • • ;1. . 6 ' IV qt.Pk.eiriji..rei" . i ...4.k_ . • ti,. It 4..'. 1)1'1. 1 'i !feerA. f ..f4TT • .;-:'. . ... . . • ..? .'_t54!',. ‘4:--.'% ' - ' t•-.... - •,.0-, •-x- ,t.....a . ...„. . • • ....t „...- ..., . i., . . .. ?),.t.4„ ,-,. ie „„,,,.... _ 4 . ' '''• . , 46" t i•••• ..' " . 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[ 1 ---. :- - - L_1 Brown ,...,, Caldwell Portland Office 6500 SW Macadam Avenue Suite 200 Portland,QR 97239 Tel:503244.7005 100%Environmental I Employee Owned I Offices Nationwide I BrownandCaldwell.com EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvements Allocation(%) Share($) Allocation(%) Share($) 4 Project Costs Water Treatment Plant -Existing Plant n/a 100% n/a 0% $ - -32 mgd Expansion $ 74,929,000 44.70% $ 33,493,263 55.30% $ 41,435,737 -38 mgd Expansion n/a 100%** n/a 0.00% $ - River Intake and Pump Station $ 16,392,000 24/38 $ 10,352,842 14/38 $ 6,039,158 Raw Water Pipeline $ 25,660,000 24/38 $ 16,206,316 14/38 $ 9,453,684 Finished Water Pipeline $ 43,631,975 -WTP to Laurel/Erickson $ 16,468,628 24/38 $ 10,401,238 14/38 $ 6,067,389 -Laurel/Erickson to Evergreen/Iron Mt. Blvd. $ 17,054,965 16/30 $ 9,095,981 14/30 $ 7,958,983 -Iron Mt. Blvd to Hunt Club $ 5,720,193 0% $ - 100% $ 5,720,193 -Hunt Club to Waluga Reservoir $ 6,276,621 0% $ - 100% -Waluga Reservoir to Bonita PS $ 2,273,593 0% $ - 100% $ 2,273,593 Waluga Reservoir $ 7,378,000 2/3.5/ $ 4,216,000 1.5/3.5 $ 3,162,000 Bonita Road Pumping Station $ 6,920,000 0% $ - 100% o o $ 6,920,000 Sub-Totals'" $ 179,073,000_ 46.47% $ 83,215,223 53.53% $ 95,857,777 Program Costs Program Mgmt,Permitting,Const Mgmt $ 27,350,000 46.47% $ 12,709,545 53.53% $ 14,640,455 Sponsor Labor,Legal,ROW,Permits,Testing,Admin $ 12,754,000 46.47% $ 5,926,784 53.53% $ 6,827,216 SCADA System Services $ 1,000,000 46.47% $ 464,700 53.53% $ 535,300 Utility Relocation and Charges $ 2,000,000 46.47% $ 929,400 53.53% $ 1,070,600 Construction Contingency $ 8,034,000 46.47% $ 3,733,400 53.53% $ 4,300,600 Sub-Totals $ 51,138,000 46.47% $ 23,763,829 53.53% $ 27,374,171 Total Costs , $ 230,211,000 46.47% $ 106,979,000 53.53% $ 123,232,000 • -Project costs include design and construction and are presented in 2013 dollars(assumed mid-point of construction)assuming 3.5%annual escalation from 2010 estimate. ** -Second(6mgd)expansion is currently assigned to Lake Oswego. Contract provides for potential reallocation by agreement. '•"-Sub-Totals for Allocations(%)and Shares($)are calculated using unescalated project costs without design. THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS THIRD AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Third Amendment) is effective this 19th day of December 2013, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHERAS, since the execution of the original Agreement, the scope of the Project under the Agreement has changed from beginning with an "Initial Expansion" of Supply Facilities to provide Capacity of 32 million gallons of water per day(mgd), to instead encompass the full contemplated "Long Term Expansion," with a Capacity of 38 mgd; and WHEREAS, the Parties have concluded that it is in the best interest of both to adjust the allocation of Capacity from the expanded water supply facilities to transfer 4 mgd of Capacity from Lake Oswego to Tigard, resulting in 20 mgd being allocated to Lake Oswego and 18 mgd being allocated to Tigard; and WHEREAS, the shift in allocation, plus the addition of Mapleton Drive properties as assets under the Agreement and correction of original "buy-in" calculations, necessitates a payment from the City of Tigard to the City of Lake Oswego based on new costs share applied to costs paid by Lake Oswego on the 4mgd to date and the additional "buy-in" amount for the Mapleton Drive properties; and WHEREAS, Exhibit 6 to the Agreement outlining Tigard's buy-in costs, and Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties, require adjustments reflecting the changes described in these recitals; and WHEREAS, the Parties desire to expedite the timeframe for reviewing the Agreement to consider whether changes are necessary or desirable to reflect the transition from an agreement regarding construction to an agreement regarding long term operations; NOW, THEREFORE, THE PARTIES AGREE TO THIS THIRD AMENDMENT AS FOLLOWS: Section 1. Updating References and Eliminating Inconsistencies. The Agreement is amended to refer to a single Expansion having 38 mgd Capacity, in place of all references to an Initial Expansion or a Long Term Expansion. Section 2. Allocation of Capacity. The Agreement is amended to adjust any statements of allocations of Capacity to state an allocation of 20 mgd to Lake Oswego and 18 mgd to Tigard. Specifically, and without limiting the foregoing, Section 4.3 of the Agreement is amended to read as follows: 4.3 Allocation of Capacity At the completion of the Expansion,Tigard's allocation of Capacity shall be 18 million gallons of water per day, and Lake Oswego's allocation shall be 20 million gallons per day. Section 3. Payment. Within 60 days following the execution of this Third Amendment,Tigard shall pay Lake Oswego the sum of Five Million One Hundred Thirty One Thousand Three Hundred Ninety Dollars ($5,131,390), consisting of$1,272,846 as an additional "buy-in" amount that results from adding the Mapleton Properties to the Agreement assets and correcting original buy-in calculations, plus$3,858,544 to reimburse Lake Oswego for costs paid to date by reason of the 4 mgd of Capacity that is transferred to Tigard pursuant to Section 2 of this Third Amendment. Section 4. Sales to Others. Article Xl of the Agreement is amended to read as follows: Article XI Sales to Others In addition to the Existing Wholesale Customers, Retail Customers of any Party, existing mutual aid agreements, or extension of service to service areas identified in the Carollo Report, either Party may contract for the sale or use of water within that Party's allocation of Capacity to any other person, provided that the contract is on a surplus basis. Any additional sale of water contracts that are not on a surplus basis, or any other contracts for sale or use of the Supply Facilities, shall require the approval of the other Party and compliance with the terms of this Agreement. Any revenues derived from the sale of water to another entity shall be paid to the Managing Agency. Net proceeds from such sales shall be credited back to the Parties based on a method as mutually agreed. Net proceeds shall be those proceeds remaining after expenses, renewals and replacements and contingencies are paid. Section 5. Modifications to Governance and Management Structure. Section 15.1 of the Agreement is amended to read as follows: 15.1 Modification to Agreement Within one year after approval of this amendment, the Oversight Committee shall undertake a review of all agreements to date to consider any modifications to the terms and conditions of this Agreement that may be necessary or desirable, including any modifications needed to transition from an agreement regarding construction to an agreement regarding long term operations. Matters that may be considered include, but are not limited to, changes in ownership, water rights limitations, conditions of approval and legal settlements, governance and management structure. At the recommendation of the Oversight Committee, the Councils for the parties may consider: 15.1.1 Modification of the existing Agreement(s); 15.1.2 Replacement of existing Agreement(s) with a new Agreement: 15.1.3 Creation of a Supply Agency under ORS Chapter 190. Section 6. Revision of Exhibits. Exhibit 6 (Determination of Tigard Buy-In) and Exhibit 7 (Allocation of System Improvement Costs to the Parties) are revised to read as set forth in attached Exhibits 6 and 7. Section 7. Entire Agreement. Except a specifically amended by this Third Amendment, the Agreement dated August 6, 2008 as subsequently amended by the first Amendment and the Second Amendment remains in full force and effect. IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard atL.`--441,Wittotaft4--, c7/13 41-01-)-'3 Mayor Dated a Mayor Dated ATTEST: ATTEST: itall( u: 1 - .l E` _0 l�7; �i.fes City R corder at d City Recorder� 'Dated APPROVED AS TO FORM: APPROVED AS TO FORM: folt41-(62T-- :2/1,/li kW. tal1vADs c City Attorney Dated City Attorney Dated EXHIBIT 6_ AMENDED AND CORRECTED TIGARD BUY-IN Net Original Cost Reproduction Tigard Tigard Share Asset Tax Map Tax Lot Clackamas Co.Deed Cost Allocation% Clackamas River Intake&Pump Station $ 1.911,733 $ 1,832,454 0.00°c S - Clackamas River Intake Land' 2 2E 20CA 15001 Bk 173,Pg 900-902 $ 10,450 $ 260,000 14/38 $ 95,789 Computer System/Sofhvare $ 214,222 $ 72,31 1 14/38 $ 26,641 Finished Water Transmission $ 2,111,711 5 5,440,227 0.00% $ - General Plant 5 61,500 $ 15,561 14/38 $ 5,733 Raw Water Transmission $ 612.137 5 2,460,521 14/38 $ 906,508 Waluga Reservoir $ 1,281.427 $ 1,960,196 0.00% 5 - Subtotal $ 1,034,671 Waluga Reservoir:Land Reservoir Property 2 IE 07 AD 03100 Doc 72-06414 n/a $354,508 14/38 5 130,608 Waluga Res 81* 2 IE 07AD 00700 Doc 76-36977 n.'. $1,407,287 14/38 $ 518,474 4800 Carmen Dr* 3 IE 07AD 00900 Doc 92-063461 $ 323,300 $945,353 14/38 $ 348,288 Vacant Parcel* 2 1E 07AD 01000 Doc 92-063461 $ 323.300 5945,353 14/38 $ 348,288 Water Treatment Plant $ 9-731,005 5 11,704,894 0.00% $ - Water Treatment Plant Land 4260 Kenthorpe Way-parcel l* 2 1E 24BD 00300 Bk 688,Pg 581 ma 52,425,478 14/38 5 893,597 4260 Kenlhorpe Way-parcel 2* 2 1 E 24BD 00401 Doc 79-35248 n/a $271,975 14/38 5 100,201 Subtotal $2,339,456 4245 Mapleton Dr.*(RMV) 2 15 24BD 01200 Doc 89-10200 $ 85,000 $ 509,554 18/38 $241,368 4305 Mapleton Dr.*(RMV) 2 1E 24BD 01300 Doc 95-33429 $ 190,000 $ 504,459 18/38 $238,954 4315 Mapleton Dr.*(RMV) 2 1E 24BD 01400 Doc 89-13210 $ 116,000 $ 504,459 18/38 $238,954 xxxx Mapleton Dr,*(RMV) 2 15 24BD 01500 Doc 89-13210 $ - Totals *less 2006-108190 _ $ 16,971,785 $ 31,614,589 Subtotal $719,276 "Net reproduction cost For these properties are based en an appraisal conducted try Integra Realty Resources(July 2008) Total 5 4,093,404 Corrected Tigard Buy-in Mapleton Property Total- $719,276 Other WTP property total= $2,339,456 All non-property totals- $1.034,671 Total Tigard Allocation= 54.093,404 Prior Paid by Tigard- t52.820 5581 Balance Due= 51,272,846 EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Cost of Lake Oswego Tigard Improvements Allocation(%) Share($) Allocation(%) Share(5) Project Costs* Water Treatment Plant -38 mgd Expansion $ 74,966,399 37.16% $ 27,857,514 1 62.84% $ 47,108,885 River Intake Pumping Station $ 12,932,668 20/38 $ 6,806,667 18/38 $ 6,126,001 Raw Water Pipeline $ 24,540,330 20/38 $ 12 915,963 18/38/ $ 11,624,367 Finished Water Pipeline $ 52,856,778 -WTP to South Side of Oswego Lake $ 25,583,609 20/38 $ 13,465,057 18/38 $ 12,118,552 -South Side of Oswego Lake to North Side of Oswego Lake $ 9,732,139 12/30 $ 3,892,856 18/30 $ 5,839,283 -North Side of Oswego Lake to Waluga Reservoir $ 13,466,442 0% $ 500,000** 100% $ 12,966,442 Waluga Reservoir to Bonita Pumping Station $ 4,074,588 0% - $ 100% $ 4,074,588 Waluga Reservoir $ 8,329,497 1.7/3.5 $ 4,045,756 1.8/3.5 $ 4,283,741 Bonita Pumping Station $ 8,273,901 0% $ - 100% $ 8,273,901 Sub-Totals $ 181,900,000 38.20% $ 69,483,813 61.80% $ 112,415,760 Program Costs Program Management,Permitting,Construction Management $ 34,696,785 38-20% $ 13,254,172 61.80% $ 21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) $ 13,257,000 38-20% $ 5,064,174 61.80% $ 8,192,826 SCADA System Services $ 1,861,684 38.20% $ 711,163 61.80%9 $ 1,150,521 Legal,Land Use/ROW and Other Professional Services $ 9,644,000 38.20% $ 3,684,008 61.80% $ 5,959,992 Construction Contingency $ 8,437,000 38.20% $ 3,222,934 61.80% $ 5,214,066 Sub-Totals $ 67,896,000 38.20% $ 25,936,000 61.80% $ 41,960,000 Total Costs $ 249,796,000 38.20% $ 95,419,800 61.80%a $ 154,375,800 * -Project costs include design,construction,and mitigation contingency and are presented In 2014 dollars(assumed mid-point of construction). * -Lake Oswego's half of cost to upside this reach of FWP to 36-inch 50 that existing 18-inch ran be retired;otherwise,LO pays 0%of new pipe in this reach. FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION THIS FOURTH AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Fourth Amendment) is effective this 25th day of October, 2016, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as "Parties." Recitals WHEREAS, on August 6, 2008 the Parties executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation (Agreement); and WHEREAS, since the execution of the original Agreement, the Parties have identified the need for an additional capital project to replace a roof on an existing water storage reservoir ("WR1"); and WHEREAS, the Parties have concluded that it is in the best interests of both to share in the cost to replace the roof and to jointly fund the ongoing operating and maintenance cost of WR1; and WHEREAS, Exhibit 7 to the Agreement setting forth an allocation of system improvement costs to the parties requires adjustment reflecting the changes described in these recitals; NOW, THEREFORE, THE PARTIES AGREE TO THIS FOURTH AMENDMENT AS FOLLOWS: Section 1. Revision of Exhibits. Exhibit 7 (Allocation of System Improvement Costs to the Parties) is revised to read as set forth in attached Exhibit 7. Section 2. Entire Agreement. Except a specifically amended by this Fourth Amendment, the Agreement dated August 6, 2008 as subsequently amended by the First Amendment, Second Amendment, and Third Amendment remains in full force and effect. SIGNATURE LINES TO FOLLOW Fourth Amendment to IGA—Lake Oswego-Tigard Water Partnership 1 IN WITNESS WHEREOF the Parties have dated and signed this Agreement City of Lake Oswego City of Tigard ni -441 Akbeti,VCC/C) 117/70/A9 I.g., Mayor Dated Mayor Dated ATTEST: ATTEST: 10 ,(g./(2 ,;r:r.c.:;)0--eL g7Z/46,c i0,/_ Si4A0i6 City Recorder Dated City Recorder if Dated APPROVED AS T) RM: APPROVED AS TO FORM: ,i,,,,,, ;,--2 -/I 10)asi'L. City Attorney Dated Attorney Dated Fourth Amendment to IGA—Lake Oswego-Tigard Water Partnership 2I ' arae EXHIBIT 7 ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES Lake Oswego Tigard Cost of Improvements Allocation(%) Share($) Allocation(%) Share($) Project Costs* Water Treatment Plant -38 mgd Expansion $74,966,399 37.16% $27,857,514 62.84% $47,108,885 River Intake Pump Station $12,932,668 20/38 $6,806,667 18/38 $6,126,001 Raw Water Pipeline $24,540,330 20/38 $12,915,963 18/38 $11,624,367 Finished Water Pipeline $52,856,778 -WTI)to South Side of Oswego Lake $25,583,609 20/38 $13,465,057 18/38 $12,118,552 -South Side of Oswego Lake to North Side of Oswego Lake $9,732,139 12/30 $3,892,856 18/30 $5,839,283 -North Side of Oswego Lake to Waluga Reservoir** $13,466,442 0% $500,000 100% $12,966,442 -Waluga Reservoir to Bonita Pumping Station $4,074,588 0% - 100% $4,074,588 Waluga Reservoir#2 $8,329,497 1.7/3.5 $4,045,756 1.8/3.5 $4,283,741 Bonita Pumping Station $8,273,901 0% 100% $8,273,901 Waluga Reservoir#1-Roof Replacement $2,903,000 50% $1,451,500 50% $1,451,500 Sub-Totals $184,802,573 38.20% $70,935,313 61.80% $113,867,260 Program Costs Program Management,Permitting,Construction Management $34,696,785 38.20% $13,254,172 61.80% $21,442,613 Sponsor/Staff Cost(wages,transfers,materials&services,testing) $13,257,000 38.20% $5,064,174 61.80% $8,192,826 SCADA System Services $1,861,684 38.20% $711,163 61.80% $1,150,521 Legal,Land Use/ROW and Other Professional Services $9,644,000 38.20% $3,684,008 61.80% $5,959,992 Construction Contingency $8,437,000 38.20% $3,222,934 61.80% $5,214,066 Sub-Totals $67,896,469 38.20% $25,936,451 61.80% $41,960,018 Total Costs $252,699,0421 38.20% $96,871,764 61.80% $155,827,278 * -Project costs include design,construction,and mitigation contingency and are presented in 2014 dollars(assumed mid-point of construction). ** -Lake Oswego's half of cost to upsize this reach of FWP to 36-inch so that existing 18-inch can be retired;otherwise, LO pays 0%of new pipe in this reach. Amendment 4 to Intergovernmental Agreement APPENDIX B LANDS AND EASEMENTS Location Document Type Grantor Grantee Date Consideration Tax ID Sq.Feet Deed Number • pdf 14260 Kenthorpe Way Permanent Easement City of Lake Oswego Portland General Electric 7/20/2016 $ - 21E24BD00300 2016-048417 pdfKenthorpeWayCity Lake Oswego Portland General Electric 7/20/2016 $ 73.00 21E24BD00300 2016-048417 df [4260 Permanent Easement _.. - of ... - - .. _ _..... .._ -.._.. . ...... - —_.—_.._._._.. ... pdf 4435 Mapleton Dr.,West Linn Permanent Easement City of Lake Oswego City of West Linn 7/18/2016 $ - 21E24BD01501 2016-070202 df Ma Teton Drive and Kenthorpe .... . .._ _ -_.... _ . - . .. - .. ... . .. _. . _ p � ... p Way,We.Permanent Easement City of Lake Oswego City of West Linn 7/18/2016 $ - 2016-070201 pdf 1719 Maple St. Temporary Construction Easement Julia A. Delacour,Trustee City of Lake Oswego 3/14/2016 $ 2,400.00 21E100305000 2015-006128 pdf 1639 Maple Street Temporary Construction Easement Kurt E. Rohde City of Lake Oswego 3/14/2016 $ 400.00 21E100805100 2014-065981 pdf 13 South State Street, Lake Oswego Temporary Construction Easement TRC Oswego Village, LLC City of Lake Oswego 12/21/2015 $ 48,619.30 21E10AA04100 pdf 13 South 4068 State Street, Lake Oswego Permanent Easement TRC Oswego Village, LLC City of Lake Oswego 12/21/2015 $ 259,947.18 21E10AA04100 2013-070130 . .. _ _ ... .....-_.._... pdf Kenthorpe Way,West Linn License(Encroachment) City of Lake Oswego Thomas Griffith and Lorie Griffith 8/24/2015 $ 83.00 21E24BD00400 - - 2015-057072 pdf 19660 Mcloughlin Blvd.,Gladstone Amendment to Easement Jolyn of Gladstone City of Lake Oswego 7.9/2015 $ 34,500.00 22E19DD02400 2015-044771 pdf 119720 Old River Rd.,Gladstone Amendment to Easement Mike Rails,LLC City of Lake Oswego 7/9/2015 $ 20,000.00 22E190002711,03001 2015-044772 . pdf 119720 Old River Rd, Gladstone Amendment to Easement Mike Rails LLC City of Lake Oswego 7/9/2015 $ 8,500.00 22E190002711,03001 2015-044772 pdf 14435 Mapleton Dr.,West Linn Permanent Easement Liselotte Scheu City of Lake Oswego 5/13/2015 $ - 21E24BD01501 2015-027989 pdf 14435 Mapleton Dr.,West Linn Permanent Easement Liselotte Scheu City of Lake Oswego 5/13/2015 $ 1'000.00 21E24BD01501 2015-027988 replaced by 2016-0- .._._---...... ___._._ .- ---_ _-_._ . ..._..-- - ------ -- -- ---------- •---... . ._. . . . _ pdf 4435 Mapleton Dr.,West Linn License(Encroachment) City of Lake Oswego Liselotte Scheu 5/13/2015 $ - 21E24BD01501 2015-027990 pdf 1McVey Ave., Lake Oswego Mid-Century/Bay Roc Apartments City of Lake Oswego 5/11/2015 $ - 21E1ODA00300 2015-027022 Temporary -it_ ....L ...... . . . 0 21E1ODA00300 2015-026087 pdf df f'McVey Y Ave. Lake OsweAve., Lake goo Permanent Easement Construction Easement Mid-Century/Bay Roc ApartmentspCitof Lake Oswego 5/5/2015 $ 919.0 Mid-Century/BayRoc Apartments Cityof Lake Oswego 5/5/2015 7,981.00 21E1ODA00300 2015-026086 pdf 667 McVey Settlement Agreement Mid-Century/Bay Roc Apartments City of Lake Oswego 4/13/2015 $ 10,000.00 21E10DA00300 pdf 1 Mary S.Young Park Permanent Easement State of Oregon, Park and Rec City of Lake Oswego 3/17/2015 $ (104.00) pdf '5033 Foothills Road Temporary Construction Easement Oswego Lender,LIC City of Lake Oswego 2/19/2015 $ 739.00 21E1113B00400 636 2015-008554 pdf 5033 Foothills Road Permanent Easement Oswego Lender, LLC Cityof Lake Oswego 2/19/2015 12,22015-008553 ._ 08 61A0 21E11BB00400 1174 2015 008553 .5033 Foothills Road Permanent Easement Oswego Lender,LLC City of Lake Oswego 2/19/2015 $ - 156.00 .- __ ... .._._ .._.... - ____ v.,_0. _- pdf21E11BB00400 1174 2015-008553 pdf 1North State Street, Lake Oswego Permanent Easement TRC Lakewood Bay Plaza LLC City of Lake Oswego 2/18/2015 $ 82,159.00 21E10AA03800 11-049086 pdf 3 South State Street, Lake Oswego Permanent Easement TRC Oswego Village, LLC City of Lake Oswego 2/18/2015 $ 163,466.00 21E1OAA04100 2013-070130 odf 13 South State Street, Lake Oswego Temporary Construction Easement TRC Oswego Village, LLC City of Lake Oswego 2/18/2015 $ 57,234.00 21E10AA04100 _ - . . . _.__. __ __-__ _.___ _ .___ _. _ __ .- pdf North State Street, Lake Oswego Temporary Construction Easement TRC Lakewood Bay Plaza LLC City of Lake Oswego 2/18/2015 $ 11,041.00 21E10AA03800 pdf 1719 Maple St. Permanent Easement Julia A.Delacour,Trustee City of Lake Oswego 2/5/2015 $ 161.00 21E1ODB05000 3874 2015-006127 pdf 1719 Maple St. Permanent Easement Julia A.Delacour,Trustee City of Lake Oswego 2/5/2015 $ 51,139.00 21E1ODB05000 3874 2015-006127 _ pdf 1719 Maple St. Temporary Construction Easement Julia A. Delacour,Trustee City of Lake Oswego 2/5/2015 $ 14,661.00 21E100805000 6199 2015-006128 pdf 16600 SW Bonita Rd,Tigard Permanent Easement PACA Properties LLC City of Lake Oswego 1/30/2015 $ 8,716.00 25112AD01100 2462 2015-006705 df 16600 SW Bonita Rd Tigard Temporary Construction Easement PACA .. r .. - k.. ...e... p g p y Properties LLC City of Lake Oswego 1/30/2015 $ 22,084.00 2S112AD01100 3457 2015 006706 pdf ;6600 SW Bonita Rd,Tigard Permanent Easement PACA Properties LLC City of Lake Oswego 1/30/2015 $ - 25112AD01100 2015-006706,006705 --. pdf 16600 SW Bonita Rd,Tigard Permanent Easement PACA Properties LLC City of Lake Oswego 1/30/2015 $ 71.00 25112AD01100 2015-006705 pdf 16600 SW Bonita Rd,Tigard Temporary Construction Easement PACA PropertiesLLCCitof Lake Oswego 1/30/2015 $ 81.00 25112AD01100 2015-006706 pdf (Bonita Road y - Permanent Easement National SafetyCompany anY Cityof Tigard 1/20/2015 $ 61.00 25112AC00200 100 2015-003631 pdf ;Bonita Road Permanent Easement National Safety Company City of Tigard 1/20/2015 $ 1,000.00 25112AC00200 100 2015-003631 pdf 1755 Maple St Temporary Construction Easement Miguel and Colleen Martinez City of Lake Oswego 1/8/2015 $ 1,900.00 21E10DB04900 677 2015-000964 pdf =2725 iron Mountain Blvd Permanent Easement Lake Oswego Hunt, Inc. City of Lake Oswego 1/8/2015 $ 73.00 21E08AD00400 8302 2015-000965 df NW corner oCity Oswego $ _ .. . . _ Of Lot 206,Lake View Villas, P Quitclaim Deed of Lake Oswego Lake Hunt, Inc 1/8/2015 63.00 p.. 12015-000966 pdf Bonita Road near RR crossing Permanent Easement Empire Batteries,Inc. City of Tigard 1/5/2015 $ 550.00 2S112ACO2600 100 2015-000316 pdf 1Bonita Road near RR crossing Permanent Easement Empire Batteries, Inc. City of Tigard 1/5/2015 $ 76.00 25112ACO2600 100 2015-00316 pdf ;639 Maple Street Temporary Construction Easement Kurt E.Rohde City of Lake Oswego 12/23/2014 $ 1,600.00 21E10E005100 1560 2014-065981 pdf 1639 Maple Street Temporary Construction Easement Kurt E.Rohde City of Lake Oswego 12/23/2014 $ 73.00 21E1ODB05100 2014-065981 pdf ;Bonita Road between 1-5 and Bangy Roac Temporary Construction Easement Sharff Family LLC City of Lake Oswego 12/15/2014 $ 2,000.00 21E07BC05401 1095 2014-064133 pdf Bonita Road between 1-5 and Bangy RoacTemporary Construction Easement Sharff Family LLC City of Lake Oswego 12/15/2014 $ 73.00 21E07BC05401 2014-064133 pdf ;Meldrum Bar Park Temporary Construction Easement City of Gladstone City of Lake Oswego 8/6/2014 $ 14,877.00 22E19DB02500,22E19C00700, 22E1S 2014-046050 pdf 14390 Douglas Way Temporary Construction Easement Holly Yoder City of Lake Oswego 3/6/2014 $ 103.00 21E08BC10900 1800 2006-048873 Amendment Ea- - -_...__....__.,._.._ _. .. .r. Y City -g. pdf - _ _ 01 2014-010285 pdf 14390 Douglas oWay Temporary Construction Easement Holly Yoder City City of Lake Oswego 1/30/2014 $ 17,826.00 21E08BC10900 . 1800 2014-010284 pdf 14390 Douglas Way Temporary Construction Easement Holly Yoder City of Lake Oswego 1/30/2014 $ - 21E08BC10900 1800 2006-048873 pdf- 2014-010285(Mary S.Young Park Permanent Easement State of Oregon,Park and Rec City of Lake Oswego 1/23/2014 $ 172.00 -._. -________. pdf — Mary S.Young Park Permanent Easement • State of Oregon, Park and Rec City of Lake Oswego 1/23/2014 pdf ... Mary S Young Park State of Oregon, Park and Rec City of Lake Oswego 1/23/2014 $ 342.00 21E24AC00100 and 21E24AC00200 2014-003127 2014-003128 2014 pdf Mary S.Young Park Temporary Construction Easement State of Oregon, Park and Rec City of Lake Oswego 12/16/2013 $ 36 330.00 21E24-00200 ry Young Park Permanent Easement State of Oregon,Park and Rec City of Lake Oswego • 12/9/2013 $ 684.00 21E24AC00100 and 21E24A000200 df Ma S.YoungPark Permanent g . - .. p _ 'Mary Easement State of Oregon, Park and Rec Cityof Lake Oswego 12/9/2013 23,990.00 21E24AC00100 and 21E24ACO0200 . _ — . . . .. tyof .. y . ... _ 5. _ pdf Meldrum Bar Park Temporary Construction Easement Cityof Gladstone Cit of Lake Oswegowegfl 31/15/2013 $ 113.00 22E19C 300-800 and 22E19D 200-5022013-077327 df ;Meldrum Bar Park _ Permanent Easement Ci of Gladstone.. Cit of Lake Os ' p y ..._..Gladstone ...... . . . y.._..... ....-_._ ...._ 11/15/2013 $ 103 00 22E19C00200,22E19C00300,&22E1r 2013-07 p 1 - - -.. . ..__... _ _ . 7326 ;610 Cabana Lane 'Permanent Easement James and Beverly Fulwiler City of Lake Oswego 11/1/2013 $ 78.00 2013-074819 pdf _._ _ . ._. ._ Oswego / / , pdf I Meldrum Bar Park Permanent Easement City of Gladstone City of Lake 10 15 2013 $ 89 375.00 22E19C 300-800 and 22E19D 200-5032013-077327 pdf IMeldrum Bar Park Temporary Construction Easement City of Gladstone City of Lake Oswego 10/15/2013 $ 52,725.00 22E19C00200,22E19C003.00,&22E1!2013-•077326 pdf 1610 Cabana Lane Permanent Easement James and Beverly Fufwiler City of Lake Oswego 10/8/2013 $ 21,000.00 21E10AB09600 2011-012564 df 'Ma leton Drive and Kenthorpe Way,We:Permanent Easement City of Lake Oswego City of West -_-. . 3 0_.. ..._ p P P Linn 8/15/2013 113.00 2013 059106 pdf 19660 McLoughlin Blvd,Gladstone Permanent Easement Jolyn of Gladstone City of Lake Oswego 7/29/2013 $ 83.00 22E19DD02400 2013-052971 p 119660 McLoughlin Blvd,Gladstone Permanent Easement Jolyn of Gladstone _ _ _ _City of Lake Oswego 7/29/2013 $ 11,500.00 22E190002400 2013-052971 pdf. 119720 Old River Road,Gladstone Permanent Easement Mike Rails, LLC City of Lake Oswego 7/29/2013 $ 17,000.00 22E19DD02700,03001 2013-052970 ,Gladstone -.. Permanent Easement Mike Rails, LLC City of Lake Oswego 7/29/2013 $ 78.00 22E19DD02700,03001 2013-052970 pdf 119720 Old River Roadr Gladstone Permanent Easement Jolyn of Gladstone Cityof Lake Oswego 7/29/2013 $ 1,200.00 22 E19DD024 01 0..__ ._ ... ..__ _ pdf 119660 McLoughlin Blvd 00 2013-052971 pdf Mapleton Drive and Kenthorpe Way,We.Permanent Easement City of Lake Oswego City of West_Linn 7/26/2013 $ 98.00 2013-052487 - f -_._...B .ne._._ .. .. —,iii! ._. ...Os �Oswego2013-043146 - - • - ------- pdf 15777 Boanes Ferry Road Temporary Construction Easement Lake Oswego School District City of Lake Oswego 6/21/2013 $ 1727.00 21E08BC13400&1.47000 2013-043246 pdf 1909 Lake Front Road Permanent Easement Real Value Homes LLC City of Lake Oswego 6/21/2013 $ 750.00 21E10DB00900 2013-043145 pdf-- - _ :...Easement - Real Value Homes LLC ..r.of _2613 $ 78.110 2013 043145 15777 Boa es Ferry Lake Front Road _ Temporaryt Construction Easement Lake Oswego School District City of Lake Oswego 6 21/2013 __- - _.__ &_..._ -...___ -._ 0__.. _—___-._._._ _.. pdf1 yg tY g / / $ 83.00 21E08BC13400&147000 2013 043146 _ pdf Mapleton Drive and Kenthorpe Way,West Linn City of Lake Oswego City of Lake Oswego 6/19/2013 $ - 2013-042576 - pdf Mapleton Drive and Kenthorpe Way,West Linn City of Lake Oswego City of Lake Oswego 6/19/2013 $ 63.00 2013-042576 pdf SE Arm of Oswego Lake Permanent Easement Lake Oswego Corporation City of Lake Oswego 5/2/2013 $ 1,000.00 21E1000100 00200,00300 2013-030243 - pdf ;5th and Cabana Lane License(Encroachment) ,Union Pacific RR City of Lake Oswego 4/3/2013 $ 10,000.00 pdf 1 Between Railroad and Harvard Avenues, Temporary Construction Easement City of Gladstone City of Lake Oswego 12/7/2012 $ 68 00 22E20CA15000 2012-080697 pdf ;Between Railroad and Harvard Avenues, Temporary Construction Easement City of Gladstone City of Lake Oswego 12/7/2012 $ 500.00 22E20CA15000 2012-080697 _. df 15777 Boones FerryRoad._._._._ -__._-.-_._ Permanent Easement Lake Oswego School District Lake Oswego School District 12/7/2012 $ 23,373.00 21E08BC13400, 14700 2012- 0 _..-_ _. .__.... p__ 1 ^__ - --- .. . .. -- -.080698 pdf ;Willamette River Crossing Permanent Easement Oregon Dept.of State Lands - City of Lake Oswego 11/9/2012 $ 133.00 2012-074058 pdf r. 1500 Ridgeway Drive Permanent Easement 1Craig P.and Kristy M. Neubo City of Lake Oswego 9/13/2012 $ 15,000.00 21E10AC09600 2012-059174 pdf ;608 Cabana Lane Permanent Easement Margot B.Dewart Trust City of Lake Oswego 9/7/2012 $ 10,000.00 21E10AB09500 2012-057873 pdf 1939 Lake Front Road Permanent Easement Jeffrey and Marcy Anhaltzer City of Lake Oswego 8/10/2012 $ 78.00 21E10DB01200 _ 2012-051338 pdf 1939 Lake Front Road Permanent Easement }Jeffrey and March Anhaltzer City of Lake Oswego 8/10/2012 $ 2,550.00 21E1ODB01200 __ _ __ 2012-051338 pdf 1919 Lake Front Road Permanent Easement G.Lang Bates City of Lake Oswego 7/17/2012 $ 15,000.00 21E19DB01000 2012-044594 df 919 Lake Front.Road Permanent Easement - G.Lang Bates ,Cityof Lake Oswego 7/17/2012 .. 1E_ .__..,.... . ._ ..- -- I Ed -..__D r y CityL .. g. 6/23/2012. $ 00.0 -... pdf 144 1 Edward L Dewitt and Dorothy T. Dewitt of Lake'Oswego $ 4 300.OD 21E1ODB 10001100, 1200 44594 df 931 Lake Front Rd Permanent Easement21E10a601000 2012 0 p 5 North Shore Road Permanent Easement }Anita M.McGill City of Lake Oswego 5/31/2012 $ 4,350.00 21E10AC00800 _ 2012-034011 pdf 445 North Shore Road Permanent Easement Anita M. McGill City of Lake Oswego 5/31/2012 $ 77.00 21E1OACD0800 2012-034011 pdf i440 North Shore Road Permanent Easement Anne M. Kleinheinz City of Lake Oswego 5/23/2012 $ 500.00 21E10ACO2600 2012-032255 pdf 4401North Share Road Permanent Easement _ Anne M. Kleinheinz City of Lake Oswego 5/23/2012 $ 72.00 21E10ACO2600 2012-032255 f [Various for Right-of-Way Acquisition Services y Y Oswego 931 Lake Front Rd Edward L. Dewitt and Doroth T. Dewitt Cit of Lake Oswe o APPENDIX C SUPPLY FACILITIES MAP MULTNOMAH CO. • CLACKAMAS CO. (iii- BONITA PUMP WALUGA +m Lake Oswego • Tigard STATION RESERVOIR 2 �y�° 8A Water Partnership 6 BONITA RD I�aNMrntrvPnRxnuNA1ueNur�PuiraGw ix,rrP4 ' shoring water •connecting commun:i i. �9 GEORGE Doe \Rotetl d ROGERS R, PaRx TIGARO o a, 10 0,' i't y i/ IIAUR&Sr 4LENMORRif GREENWAV p- ' GuoRwrE ill PARK LAKE OSWEGO 4 , N y� CAx£OSI+YEGO -3 C T p � 43 WATER TREATMENT 4 o GLA DJ 1 QI Y E Ni./N A PLANT `'r CEDAR ISLAND PARK ,....g 0 WEST LINN {� o rl 4‘ Zco- 1„ti,i) v,>.5 ,. PA,. wr«. % RrVER1NTA�KJ 0 CLACKAMAS RIVER INTAKE (38 MGD) -�� 0 RAW (UNTREATED) WATER PIPELINE (36" — 48" DIA) "L� a�p v. ' C/ REGON a WATERTREATMENTPLANT (38MGD) 0 CITY 0 FINISHED (TREATED) WATER PIPELINE (24" — 48" DIA) _ • 0 WALUGA RESERVOIR 2 (3.5 MG) , 0 BONITA PUMP STATION (20 MGD) APPENDIX D WR1/WR2 MODES OF OPERATION CONFIDENTIAL- NOT FOR PUBLIC DISCLOSURE APPENDIX E OTHER SUPPLY AGREEMENTS _ — INTERGOVERNMENTAL AGREEMENTS FOR WHOLESALE WATER SUPPLY € Rate Adjustment Current Contract Contract Supplier - Supply Source Contract Purchaser -Date Contract Executed Duration of Contract Termination Provisions , Provisions Supply Terms Price/ref Intertie Lorations/Meter Sizes EmergencLContacts I Storage Facilities Used Pumping Facilities Used — [ — — — —-- t Mary Leung,Mgmt,Analyst,Portland Water Bureau Pt.'A'located south of terminus of 34th ave. 1120 SW 5th Avenue,Room 600 Waluga;Touchstone#1Forest Intake;WTP(High Service PS); City of Perpetual: 5-year ! Written notice to either and Arrawaod Dr.Pt.'B'located at Portland,OR 97204 503- Highlands#1&42;McNary#1 Waluga;Touchstone;Kerr Road; Portland'Arrowood East intitial term, party by 1/30 after initial Surplus supply to max.70 $1.37(Non-Peak), intersection of Hidalgo and Bolivar.(See 823-7551 macy.letumgLportlandoregon.gov; Summit McNary &West(Stephenson High subsequent 5-year term. Effective 6'30 of; 60-day written notice of .; connections at Pt.'A'+emergency ; $2.99(Peak);$90.54 water atlas pgs.1&3). 6"Meters at both ,Danny Allison-Water Operations Mgr.,503- City of Lake Oswego — Clackamas River Zone) L14'1985 — periods. — same year. rate adjustment required, supply only to Pt_'Be monthly meter charge. locations. Portland owns meters. 1823-1567; `Mary Leung,Mgmt.Analyst,Portland Water 'Bureau Intertie is located behind the Park Place 1120 SW 5th Avenue,Room 600 Condominiums approximately 500 feet west 1Portland,OR 97204 503- Waluga; # &# Touchstone 1 2;Forest Intake;WTP(High Service PS); Written notice to either of 29th Ave,Alto Park Water District 823-7551 unary.leung@portlandoregon.gov Highlands#1e#1 ary&# #1 Waluga;Touchstone;Kerr Road Perpetual: 5-year party after initial term. assigned original water supply contract to Danny Allison-Water Operations Mgr.,503- intitial terns, One year notice by City. $1.34(Non-Peak), City of Portland on March I,1973. 6"Meter 1823-1567; City of Portland/Alto subsequent 5-year 60 day notice by r 60-day written notice of Surplus supply only.14,000 cf $2.92(Peak);545.27 compound meter with 4"bypass.LO owns danny.allison@portlandoregon.gov City of Lake Oswego Clackamas River I Park 4/12/1971 periods. purchaser. 'rate adjustment required,! minimum purchase/month. monthly meter charge. meter. -- a L 'D,7.Ezell General Manager- 17661 Annual water use report required for City Pilkington Road Lake Oswego, residents served by District. Interties:SW OR 97035Waluga;Southside ' Intake;WTP(High Service PS) City of Written notice to either . 65th Ave/McEwan Rd.and Centerwood St.at 503,635,6041;dj@rivergrovewater.com;Jim Rivergrove.Rivergrove party by 1/30. Effective; Amendment of terms by $1.21(Non-Peak), Disirict/City boundary. 8"Meters owned by Helton,(MSA):District Engineer City of Lake Oswego ! Clackamas River Water District. 2/$'1984 Perpetual 630 of same year. mutual consent only._ Emergency supply only. $2.61(Peak). District. 503,225,9010 — Written notice of rate I Connection point/supply at Bergis Reservoir.. Dick Dechaine:Supt.503,636.0424(H): Southside;Palisades#1Bergin; Intake;WTP(High Service PS); adjustment required. Pumps controlled from Skylands reservoir 503.310.1245(M); PO Box City ViewMcVey;Southside;Palisades Effective upon reciept of $1.24(Non-Peak), level. Dual 4"Meters. Ownership of meters 694 Lake Oswego,OR 'Lake Oswego Clackamas River Siylands Water Company 4/5/1960 Perpetual none notice by purchaser. none $2.66(Peek). not specified in Agreement. 97034 2— - L Bi-directional intertie at Tigard's Bonita Rd, I Perpetual: 10 yr. Written notice by either PS. 16-inch supply to Tigard/I 0-inch supply Waluga Intake;WTP(High Service PS) Intitial term. 5 yr. party by 7/30 of year • 90-day written notice of Surplus supply. Minimum annual $0.87(Non-Peak), to LO front Tigard 410'service level. 16" John Goodrich PW 503.718.2609(w); City of Lake Oswego . Clackamas River _ City of Tigard 7/1/1983 Periods thereafter, prior to effective date. i rate adjustment required. purchase of 575,000, — $0,92(Peak)_` Meter to Tigard-10"Mater to LO. 1503.913.6340(m) , — t Repayment at current 8/22/1988.Amended Written notice by either rate charged in-city I Hydraulic constraints don't allow Tualatin paymentprovision on Perpetual:Oneyear twoyearsprior to customers. $2.11/ccf-1 ' supply to LO. Intertie at SW 65th and Andrew Degner,Water Division Manager Waluga;Southside Intake;WTP(High Service PS) rp Fes' ( PF Y X1g City of Lake Oswego Clackamas River_ City of Tualatin February 15,2000 terms(8/1-7/31). affective date. n/a Emergency simply only. 3/1(12) McEwan Rd. 10"Meter w/6"bypass. '503.691.3095;adegner@ci.tuatatin,or.us 1 is 1 II Written notice of rate Supplied from Bergis system through one- IDick Dechaine:Supt.503.636.0424(H); Southside,Palisades#1City 7 Intake;WTP(High Service PS); Written notice by 1130. ' adjustment required. way intersystem connection and 6-inch 503.310.1245(M); PO Box View;Bergin Southside;Palisades;McVey Glenmorrie Water Effective 6/30 of same Effective upon reciept of $1.24(Non-Peak), turbine meter located near Cherry Lane and 694 Lake Oswego,OR City of Lake Oswego Clackamas River Cooperative 2/8/1984 Perpetual: year. notice by purchaser. Surplus supply only. $2.65(Peak). Chapin Way. 97034 _ ---�—- — '— .L _ , 1 i -- Temsination for Convenience:Not less than 6 months prior to end of 2-year term. • Intake;WTP(High Service PS); • Termination for Cause Waluga;Touchstone#1 Waluga Perpetual: Two year (insufficient water Supplied from Touchstone system through 8- 1,HiLand Water:Contractor for O&M,503- g initial tern, supply):6 months in inch intersystem connection at Carmen 1554-8333;General Manager:Silas Olson. Subsequent two year advance of termination 60-day written notice of $0.81(Non-Peak), Drive/Davis Lane intersection.50%of annual District Engineer:Bruce Outline-(503)481. City of Lake Oswego - _.Clackamas River Lake Grove Water District 7/25/1975 terms. date. rate adjustment required, Surplus Supply only. $0.85(Peak). LGWD demand supplied by LO. 8822; • Emergency Supply-mutual consent Written notice to either of exec.Officer;Non-emergency- Bi-directional intertie. Supply to LO via O.C. 36 months in 2wks bymutual consent of exec, 490'service level. Supply to West Linn via Matt Kaatz: PW 503_349.6573(m); WTP Clearwell WTP(High Service PAY p➢YIntake; { t� PS) City of West Linn/South advance of termination as necessary and mutually 1 Officer;Non-emergency •2 wks LO WTP and West Linn intertie PS located 503.742.8615(w); City of Lake Oswego Clackamas River Fork Water Board — 12/3/2043 Perpetual date. agreed rsuires 30-day notice to West Linn. 10.73 on Old River Rd.S.of Kentltorpe. ntkr'ii aatz. westiinnoregon.gov ---1COP supply: City of Lake Written notice of Tato I $0.68/ceg LO supply: $2.11/ccf;City pays , z Intake;WTP(High Service PS); 'v/aluga;Touchstone#1 Oswego/Blackhawk 12 month advance notice adjustment required. LGWD supply to LO for Blackhawk. District on Bi-monthly I either supply incurs transport fee of$0.03/cc£ Waluga City of Portland via Subdivision(14 6'21/89;Amended by either party prior to Effective upon reciept of1 Subdivision through 8"and 2" I basis for water passing' Interconnect off Waluga Dr.west of Hartford LGWD Bull Run connections) � 8/7/89 Perpetual termination. - notice by purchaser. I combo turbine meter. , '_ through meter. Pl. 8"Meter Last Updated 12/27/2016 APPENDIX F PGE/Enernoc AGREEMENT r_ 4 ENERNOC Provider: Master Agreement EnerNOC, Inc. One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Name: CITY OF LAKE OSWEGO Master Agreement#: 00129053.0 Address: 380 A AVE Effective Date: 12/1/2016 City, State,Zip: Lake Oswego, OR 97034-3036 Phone: (503)635-0393 Email: kduncan@ci.oswego.or.us This Master Agreement(this"Master Agreement"), made by and between the provider identified above("Provider")and the customer identified above("Customer"), is subject to and governed by Provider's terms and conditions attached hereto("Terms and Conditions"). Provider and Customer are referred to herein collectively as the"Parties"and each individually as a"Party"to this Master Agreement. The term of this Master Agreement shall commence on the effective date set forth above("Effective Date")and continue until terminated in accordance with the Terms and Conditions("Term"). Provider will issue order form(s) (each an "Order Form") setting forth the solutions to be provided to Customer(the"Solutions"), the fees for the Solutions, and any other terms applicable to the Solutions. The initial Order Form 4-00005615(the"Initial Order Form") is attached hereto. Each subsequent Order Form entered into between the Parties will reference this Master Agreement and will be attached hereto. Special Terms Applicable to the Initial Order Form: 1. Term.The term of the Order Form shall commence on the Order Effective Date and continue until the Order Expiration Date ("Order Term"). Notwithstanding the foregoing, if Customer is enrolled in a demand response program with a Program Period (as defined in the applicable Program Rule Attachment attached to the Order Form)that would otherwise extend beyond the Order Term,then the Order Term with respect to such demand response program shall be extended until the end of such Program Period. 2. Solutions. a. Demand Response Solutions.The Parties understand that the"Anticipated Capacity"value identified on the Order Form and on the Site Agreement attached thereto is solely the Parties'best estimate of performance and does not represent Customer's Accepted Capacity(as defined in the applicable Program Rule Attachment attached to the Order Form). 3. Payments. a. Demand Response Solutions Payments. In connection with the demand response Solutions at the site addresses agreed to by the Parties in signed Site Agreements(s) attached to the Order Form, Provider shall pay Customer as set forth in the applicable Program Rule Attachment attached to the Order Form. Unless otherwise indicated on the applicable Program Rule Attachment attached to the Order Form, any reference to"%"shall mean (i)for the capacity payment rate identified on the Order Form ("Capacity Payment Rate"), percent of the price obtained by Provider for the applicable demand response program and/or product, and(ii)for the energy payment rate identified on the Order Form ("Energy Payment Rate"), percent of the energy payments available to Provider. By signing below, each Party accepts and agrees to be bound by this Master Agreement as of the Effective Date. Provider ' Customer City of Lake Oswego 7 Signature: Signature: f2 Name: Name: Kari Duncan Title: tO ■ f �' ,�� Title: Water Treatment Plant Manager Approved as to form: Digitally signed by Evan Boone D N.cn.-Evan Boone,odIty of Lake • Oswego,ou=CAO, email=eboone@d.oswego.or.us,c=US D ate,2016.10.10 17198 7-0700' Evan P. Boone,Deputy City Attorney 0 ENERNOC Terms and Conditions 1.Master Agreement.These Terms and Conditions govern and are incorporated into the Master 10.Non-Payment. In the event that Customer fails to make any payment to Provider for Agreement made by and between the Provider and Customer identified on the Master Agreement. undisputed amounts by the date such payment is due, Provider may (i) immediately suspend Unless otherwise defined herein,capitalized terms in these Terms and Conditions shall have the Customer's access to the Solutions and all related services until payment is received by Provider if meanings given to them In the Master Agreement. Provider will provide Customer with the payment is past-due by more than ten(10)business days;(ii)offset unpaid amounts due against Solutions in accordance with the Master Agreement. any demand response payments to Customer;and/or{iii}terminate the Master Agreement or the 2.Use and Access License.For the duration of the Term,Provider grants to Customer a limited, applicable Order Form if Customer's non-payment continues for more than thirty (30) days revocable,non-transferrable(except as set forth herein)and non-exclusive right to use and access following date of written notice of non-payment from Provider. Such remedies are in addition to (including through remote means)the Solutions solely for Customer's internal business operations any legal or equitable remedies available to Provider. and subject to the terms of the Master Agreement. Without limiting the terms of the Master 11.Customer's Support Requirements. Agreement, Customer agrees not to decompile, disassemble, reverse engineer or otherwise a.Customer Data. Customer agrees to provide or cause to be provided to Provider such attempt to perceive the source code relating to the Solutions or any web-based portal relating contact, billing and energy usage data, and facility information as is required by Provider to thereto or assign,sublicense,sell,resell,lease or otherwise transfer,convey,or pledge as security support the Solutions("Customer Data").Customer(i)represents that it has the right to provide or encumber,any right in the Solutions.Except as expressly permitted herein, Customer agrees Customer Data to Provider and will provide Customer Data to Provider in compliance with that It shall not receive any right,title or interest in,or any license or right to use or access,the applicable legal requirements; (ii)authorizes Provider to use,copy,store, modify and display Solutions or any patent, copyright, trade secret, trademark or other intellectual property rights Customer Data for Customer's benefit and as expressly set forth in Section 4 at these Terms therein by implication or otherwise, and Conditions; and (it) authorizes Provider to access Customer Data to provide quality 3.Confidentiality. assurance,perform software maintenance,and deliver customer service and technical support. a.Nondisclosure to Third Parties.In performing its obligations under the Master Agreement, During the Term and for thirty (30) days following expiration or termination of the Master each Party may receive non-public Information of the other Party("Confidential Information"). Agreement,Provider will preserve and maintain Customer Data.Thereafter,Provider will have Each Party, on behalf of itself and its employees, contractors and agents (collectively, no obligation to preserve or return any Customer Data. "Representatives"), agrees not to, except as set forth in Section 3(b) or as required by b.Demand Response. If Customer is enrolled in a demand response program, Customer applicable law or regulation,use or disclose Confidential Information during or after the Term represents and warrants it has the intent and ability to generate and/or reduce electrical without the prior written consent of the other Party.To protect Confidential Information, each demand to achieve Accepted Capacity(as defined in the applicable Program Rule Attachment Party agrees to:(i)limit dissemination of Confidential Information to only those Representatives attached to the applicable Order Form)when notified by Provider during demand response having a"need to know";(ii)advise each Representative who receives Confidential Information events. If Customer is enrolled in a demand response program utilizing on-site electric of the confidential nature of such information; and(iii)have appropriate agreements,policies generation, Customer further represents and warrants that(i) it holds all applicable federal, and/or procedures in place with such Representatives sufficient to enable compliance with the state, and local licenses and/or permits that are required for the proper participation in such confidentiality obligations contained herein. demand response program; and (ii) when responding to a demand response event, it will b.Use of Confidential Information. Customer acknowledges that Provider may receive comply with,and be responsible for any violation of,federal,state,and local regulations. Confidential Information of Customer from the applicable independent systemlgrid operator, 12.Provider Limitation.Customer agrees not to contract with any other provider of the Solutions utility and/or supplier,through data collected through the Solutions or otherwise,which may be during the Term, used or disclosed by Provider as necessary for the performance of the Master Agreement. 13.Payments to Utilities or Other Suppliers.In no event shall Provider or its affiliates,directors, 4.Aggregate Data Collection and Usage. Customer acknowledges and agrees that Provider employees and agents(collectively,the'Indemnified Parties")be responsible or liable for payment may;(i)collect,process and aggregate any data used with,stored in,or related to the Solutions, of any utility bill of Customer or any amount Customer may owe to any utility or other supplier.To Including,without limitation,end-user energy usage and demand data,and create aggregate data the fullest extent permitted by law,Customer shall defend and indemnify,at its own expense,any records ("Aggregate Data") by removing any personally identifiable information ("PAI")from the third party claim against the Indemnified Parties, that arise due to any allegation that the underlying data; (ill use such Aggregate Data to improve the Solutions, develop new solutions, Indemnified Parties are responsible for payment of any utility bill of Customer ora portion thereof, understand actual energy usage and demand trends and general industry trends,develop white or any other amounts due by Customer to any utility or other supplier. In connection with the papers,reports,or databases summarizing the foregoing,and generally for any legitimate purpose foregoing indemnification obligations, Customer shall pay reasonable legal fees as incurred and related to Provider's business; and (iii)share Aggregate Data with third parties or publish any such damages or costs as are finally awarded against Provider or agreed to in settlement for such reports,white papers,or other summaries based on Aggregate Data. claim. 5.Indemnification.Provider agrees to defend and indemnify(subject to the terms of this Section), 14.Miscellaneous.Customer may not assign any of its rights or delegate any of its performance at its own expense, any third party claim against Customer, its parent corporation, affiliates, obligations hereunder without the prior written consent of Provider; except that Customer may directors,employees and agents that arise due to any(i)bodily injury,death or damage to tangible assign the Master Agreement to its successor or any entity acquiring all or substantially all of the personal properly to the extent caused by the negligent acts or omissions of Provider or its assets of Customer by providing Provider with written notice promptly following the acquisition employees in the performance of the Master Agreement;and(ii)a claim that the Solutions(or any date.The Master Agreement, including any addenda,exhibits and attachments, constitutes the software, hardware, or other component thereof) or any other goods, software or Solutions entire agreement between Provider and Customer with respect to Provider's provision of the provided by Provider hereunder(so long as the foregoing have not been altered or modified by a Solutions identified on an Order Form,and may only be amended in writing signed by each of the party other than Provider)or the use thereof by Customer infringes upon any copyright,trademark, Parties.If any of its provisions shall be held invalid or unenforceable,the Master Agreement shall trade secret or proprietary right of any third party. Provider will pay reasonable legal fees as be construed as if not containing those provisions and the rights and obligations of the Parties incurred and such damages or costs as are finally awarded against Customer or agreed to in hereto shall be construed and enforced accordingly.The Master Agreement shall be binding upon settlement for such claim provided that Customer gives Provider(i)prompt written notice of any the Parties together with their successors and permitted assigns.Each Party shall be responsible such claim or threatened claim;(ii)sole control of the defense,negotiations and settlement of such for its Representatives'compliance with the Master Agreement. claim; and (it) full cooperation in any defense or settlement of the claim. The foregoing 15,Taxes. Fees, costs, and expenses described in the Master Agreement do not include any Indemnification obligations shall not apply to the extent that any such claims or damages result sales, use, personal property, duty, levy, or similar governance charge, value added or from goads,software or Solutions provided by a party other than Provider, or are the fault of or good/services taxes. Provider may include applicable taxes as separate items on Customer's caused by the sole acts or omissions of Customer. invoice,and Customer shall be responsible to pay and/or reimburse Provider far all taxes(other 6.Limitation on Liability. Except for breaches of confidentiality and claims Involving the than taxes based on Provider's income), unless Customer has provided adequate evidence of indemnification obligations contained herein,Provider's liability hereunder is limited to direct actual exemption upon execution of the Master Agreement. If withholding of taxes is required by any damages as the sole and exclusive remedy,and total damages under the Master Agreement shall government, Customer shall remit such taxes in accordance with applicable law, grass up the not exceed $100,000.00. In no event shall either Party, its officers, directors, partners, applicable payment amounts so that Provider receives the full amount of fees invoiced, and shareholders, employees or affiliates, or any contractor or subcontractor or its employees or provide Provider with applicable evidence of withholding. affiliates, be liable to the other Party for special, indirect, exemplary, punitive, incidental or 16.Terminator'. Either Party may terminate(i)the Master Agreement or the applicable Order consequential damages of any nature whatsoever connected with or resulting from the Solutions Form in the event of the other Party's material breach,provided that the breaching Party fails to or from performance or non-performance of obligations under the Master Agreement, Including cure the specific breach within thirty (30) days following dale of written notice from the non- without limitation,damages or claims in the nature of lost revenue,income or profits,loss of use, breaching Party specifying the purported breach; (ii)the Master Agreement or any Order Form or cost of capital, Irrespective of whether such damages are reasonably foreseeable and immediately upon the institution by or against the other Party of insolvency, receivership or irrespective of whether such claims are based upon negligence,strict liability contract,operation of bankruptcy proceedings or any other proceedings for the settlement of the other Party's debts;or law or otherwise. (iii)the Master Agreement for convenience by giving the other Party sixty(60)days prior written 7.Warranty Limitations. IF THE SOLUTIONS BECOME OR ARE LIKELY TO BECOME THE notice,provided,however,that neither Party may terminate the Master Agreement so long as any SUBJECT OF ANY THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM OR Order Form thereunder remains in effect. In addition, if Customer is enrolled in a demand ACTION, PROVIDER MAY, AT PROVIDER'S SOLE OPTION, EITHER: (I) REPLACE SUCH response program,either Party may terminate the portion of the Order Form applicable to such SOLUTIONS WITH AN EQUALLY SUITABLE SOLUTION FREE OF INFRINGEMENT; (II) program(iv)if such Program is materially altered,suspended or ended;or(v)in accordance with MODIFY OR OBTAIN A LICENSE FOR THE SOLUTIONS SO THAT THEY NO LONGER the terms set forth in the applicable Program Rule Attachment attached to the Order Form. INFRINGE ON ANY RIGHTS; OR(III)AFTER PROVIDER HAS DEMONSTRATED ITS GOOD 17.Notices.Any notices required or permitted to be given hereunder by either Party to the other FAITH EFFORTS TO ACHIEVE THE FOREGOING WITHOUT SUCCESS, TERMINATE THE Party shall be given in writing by;(i)personal delivery;(ii)bonded courier or nationally recognized MASTER AGREEMENT. EXCEPT AS PROVIDED HEREIN, THE SOLUTIONS (AND ANY overnight delivery company;or(iii)electronic mail.If notice is given by personal delivery,bonded SOFTWARE, HARDWARE, OR OTHER COMPONENT THEREOF) ARE PROVIDED AS IS courier or nationally recognized overnight delivery company,such notice shall be addressed to the WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR Parties as follows(or to such other addresses as the Parties may request in writing by notice given IMPLIED,INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND pursuant to this Section):to Provider at EnerNOC,Inc.,Attn:Legal Department,One Marina Park FITNESS FOR A PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED TO THE FULLEST Drive,Suite 400,Boston,MA 02210;and to Customer at the Customer address indicated on the EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Master Agreement. If notice is sent by electronic mail, such notice shall be sent to Provider at IL Choice of Law.The Master Agreement shall be governed by and construed and enforced in contractmanagementrgenemoc.com;and/or to Customer at the email address,if any,indicated on accordance with the laws of the State of Oregon,without giving effect to choice of law rules. the Master Agreement. 9.Data Enablement. If required by Provider for Customer's use and access to the Solutions, 19, Insurance.Provider shall maintain the following insurance:(i) Commercial General Liability Customer shall, within twelve (12) days following execution by the Parties of the Master Insurance with limits of$1,000,000 per occurrence and $2,000,000 aggregate; (ii) Automobile Agreement or an Order Form,as applicable,provide Provider with reasonable access to perform a Liability Insurance with limits of 51,000,000 per occurrence combined single limit;and(iii)Workers' data enablement for the Solutions,including the installation of an EnerNOC site server that allows Compensation and Employers' Liability Insurance with limits of not less than $500,000. All for tntemet-based power metering, data collection, near real-time data communication, and Insurance carriers must have an AM Best rating of A-VIII or better.Customer shall be listed as a Internet-based reporting and analytics.Customer agrees to collaborate with Provider in a timely certificate holder and additional insured on the Commercial General Liability policy.Customer shall manner in enabling data far the Solutions and in testing, enabling and maintaining the installed be notified in writing at least thirty(30)days prior to cancellation of any insurance policy. EnerNOC site server,the Solutions and any other components of the EnerNOC system. 0 ENERNOC Provider: Order Form EnerNOC, Inc. One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Master Agreement#: 00129053.0 Name: CITY OF LAKE OSWEGO Order Form#: Q-00005615 DR Payment Contact: Kari Duncan Order Effective Date: 12/1/2016 (503)635-0393 Order Expiration Date: 11/30/2021 kduncan@ci.oswego.or.us Prepared By: Eric Bakken DR Payment Address: 380 A AVE, Lake Oswego, OR 97034- 3036 eric.bakken@enernoc.com Generated On*: 9/21/2016 *After thirty(30)days,Provider may change the pricing below unless this Order Form has been fully executed. Demand Response Solutions Demand Response Program* Estimated No. of Aggregate Anticipated Capacity Payment p g Site Addresses Capacity(kW) Rate Energy Payment Rate PGE Energy Partner 5 2,200 $34.02/kW Year $.125/kWh *The program rule attachment(s)applicable to the demand response program(s)identified above is attached hereto. The product specifications sheet applicable to the Solutions is available at http://www.enernoc.com/product-documents. Any values identified above as "estimated" will be agreed to by the parties in a signed Statement of Work for any professional service Solutions and/or a signed Site Agreement for any other Solutions, which shall reference this Order Form and be attached hereto as sequential exhibits. Program Rule Attachment PGE Energy Partner 1. Program Description. Portland General Electric's ("PGE") Energy Partner Program (the "Program") enables participants to receive payments for being available and reducing electricity consumption during peak usage periods. 2. Program Rules.The terms herein will reflect the Program terms and conditions which may be amended from time to time by PGE, the current terms of which are summarized in the table below: The Program will run for a three (3) month period from July 1 through September 30 ("Summer Period") and for a three (3) month period from December 1 through the last day of February (" Winter Period",with the Summer Period, each a"Program Period"). Program Availability Demand response events during the Summer Period and Winter Period ("Program Events") may be called during non-holiday weekdays from (i) 12:00 p.m. to 10:00 p.m. Pacific Time for the Summer Period, and (ii) 6:00 a.m. to 11:00 a.m. Pacific Time and 4:00 p.m. to 9:00 p.m. Pacific Time for the Winter Period (the"Program Hours"). In addition to Program Events, PGE reserves the right to call voluntary demand response events outside of a Program Period("Voluntary Events")during Program Hours in the months of October, Voluntary Events November, March, April, May and June. Customer shall use commercially reasonable efforts to respond to Voluntary Events. Customer's performance during Voluntary Events will not impact Capacity Payments (as defined below), but will be included in Customer's Energy Payments (as defined below). Event Trigger Program Events may be called at PGE's discretion and typically coincide with peak demand on the electric grid. Advanced Notification Customers are expected to be able to respond within ten (10) minutes of being notified of a Program Event. Maximum of forty (40) Program Event hours within a Program Period, with Program Event duration ranging from a minimum of one(1)hour to a maximum of five(5)hours. Event Frequency&Duration Maximum of one (1) Program Event per day, provided that Program Events may not be called for more than two (2) consecutive days during a Program Period or for more than ten (10) Program Events per month within a Program Period. 3. Customer Capacity. a. Accepted Capacity. "Accepted Capacity" shall represent the best estimate of Customer's expected curtailment based on analysis of consumption data and pre-enrollment testing. Customer agrees that the Accepted Capacity may be adjusted by Provider in the future to reflect actual performance, changes in facility operations, Program rules, regulations and/or other relevant information. b. Delivered Capacity."Delivered Capacity" shall be defined as the average difference between the measured energy demand (in kW)and baseline energy usage over each demand response event. 4. Payments. a. Payments to Customer. i. Capacity Payments. For each calendar month of a Program Period, Provider will pay to Customer a capacity payment ("Capacity Payment") equal to the product of a Capacity Payment Rate and either (a) the hourly weighted average of Customer's Delivered Capacity for each Program Event during such month; or(b) if there are no Program Events during such month, the hourly weighted average of Customer's Delivered Capacity for each Program Event during the month prior to such month; or (c) if there are no Program Events during such month and such month is the first month of the Program Period, Customer's Accepted Capacity for such month. Provider may, at its sole discretion, increase the Capacity Payment to Customer for any calendar month of a Program Period. ii. Energy Payments. In months when one(1)or more demand response events are called, Provider will pay to Customer an Energy Payment in connection with Customer responding to a demand response event when notified by Provider. The"Energy Payment" shall be equal to the product of Customer's Delivered Capacity for a demand response event and either(a)an Energy Payment Rate if such demand response event is a Program Event; or (b)the Voluntary Event Rate (as defined below) if such demand response event is a Voluntary Event. The "Voluntary Event Rate" for a Voluntary Event shall be the rate emailed to Customer by Provider prior to such Voluntary Event. iii. Payment Cap. Delivered Capacity is capped at 115% of Accepted Capacity for each demand response event. Provider may, at its discretion, adjust such 115% cap on Delivered Capacity for any portion of a particular Program Period on a case by case basis as conditions warrant iv. Underperformance. In no event shall Customer be penalized for underperformance by being required to return money to Provider. If Customer underperforms, adjustments will be made to future payments so that total payments made to Customer for the Program Period will reflect Delivered Capacity for such Program Period. b. Payment Timing. Provider shall make all payments associated with Customer's participation in Program Events and Voluntary Events to Customer on a quarterly basis, and such payments shall be made within forty-five (45) days of Provider's receipt of total quarterly payment from PGE. 5. Miscellaneous. a. Termination. Provider may terminate the Order Form with respect to the Program described in this Program Rule Attachment upon thirty(30)days written notice to Customer. U • - IIP Exhibit A: Provider: EnerNOC, Inc. Site Agreement One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Order Form#: Q-00005615 Name: CITY OF LAKE OSWEGO Site Agreement Effective Date: 12/1/2016 Address: 380 A AVE City,State,Zip: Lake Oswego, OR 97068 This Site Agreement (this"Site Agreement"), made by and between Provider and Customer, is incorporated by reference into the order form referenced above. Site Address Solutions Demand Response Programs Anticipated Capacity(kW) 15505 QUARRY Road Demand Response PGE Energy Partner 100 Lake Oswego,OR 97035 4260 KENTHORPE WAY Demand Response PGE Energy Partner 1,500 West Linn,OR 97068 91 Kerr Pkwy Demand Response PGE Energy Partner so Lake Oswego,OR 97035 105 E Clackamas Blvd Demand Response PGE Energy Partner 500 Gladstone,OR 97027 AT BUCKBRUSH AND TCHSTONE Demand Response PGE Energy Partner 50 Lake Oswego,OR 97035 By signing below, each party accepts and agrees to be bound by this Site Agreement as of the date first set forth above. Provider Customer City ofL,ke Oswe Signature! Ar Signature kN$ - Name >j"� f �Y � Kari Duncan TTit` 0Title ! i ha avaL Water Treatment Plant Manager 0 ENERNOC Provider: Master Agreement EnerNOC, Inc. One Marina Park Drive, Suite 400 Boston, MA 02210 Customer: Name: CITY OF LAKE OSWEGO Master Agreement#: 00129053.0 Address: 380 A AVE Effective Date: 12/1/2016 City, State,Zip: Lake Oswego, OR 97034-3036 Phone: (503)635-0393 Email: kduncan@ci.oswego.or.us This Master Agreement(this"Master Agreement"), made by and between the provider identified above ("Provider")and the customer identified above("Customer"), is subject to and governed by Provider's terms and conditions available at http://www.enernoc.com/terms-and-conditions-1.1-US.pdf("Terms and Conditions"),which are hereby incorporated by reference. Provider and Customer are referred to herein collectively as the"Parties"and each individually as a"Party"to this Master Agreement. The term of this Master Agreement shall commence on the effective date set forth above("Effective Date")and continue until terminated in accordance with the Terms and Conditions ("Term"). Provider will issue order form(s)(each an "Order Form")setting forth the solutions to be provided to Customer(the"Solutions"),the fees for the Solutions, and any other terms applicable to the Solutions.The initial Order Form Q-00005615 (the"Initial Order Form") is attached hereto. Each subsequent Order Form entered into between the Parties will reference this Master Agreement and will be attached hereto. Special Terms Applicable to the Initial Order Form: 1. Term. The term of the Order Form shall commence on the Order Effective Date and continue until the Order Expiration Date ("Order Term"). Notwithstanding the foregoing, if Customer is enrolled in a demand response program with a Program Period (as defined in the applicable Program Rule Attachment attached to the Order Form)that would otherwise extend beyond the Order Term,then the Order Term with respect to such demand response program shall be extended until the end of such Program Period. 2. Solutions a. Demand Response Solutions. The Parties understand that the"Anticipated Capacity"value identified on the Order Form and on the Site Agreement attached thereto is solely the Parties' best estimate of performance and does not represent Customer's Accepted Capacity(as defined in the applicable Program Rule Attachment attached to the Order Form). 3. Payments. a. Demand Response Solutions Payments. In connection with the demand response Solutions at the site addresses agreed to by the Parties in signed Site Agreements(s)attached to the Order Form, Provider shall pay Customer as set forth in the applicable Program Rule Attachment attached to the Order Form. Unless otherwise indicated on the applicable Program Rule Attachment attached to the Order Form, any reference to"%"shall mean (i)for the capacity payment rate identified on the Order Form ("Capacity Payment Rate"), percent of the price obtained by Provider for the applicable demand response program and/or product, and (ii)for the energy payment rate identified on the Order Form ("Energy Payment Rate"), percent of the energy payments available to Provider. By signing below, each Party accepts and agrees to be bound by this Master Agreement as of the Effective Date. Provider Customer Signature: Signature: Name: Name: Title: Title: APPENDIX G PGE ALTERNATE SERVICE AGREEMENTS RIVER INTAKE PUMP STATION AND WATER TREATMENT PLANT RESOLUTION 15-02 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING AN AGREEMENT FOR ALTERNATE SERVICE BETWEEN PORTLAND GENERAL ELECTRIC COMPANY, THE CITY OF LAKE OSWEGO AND THE CITY OF TIGARD RELATING TO CONSTRUCTION OF A WATER TREATMENT PLANT, AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT. WHEREAS, on August 6, 2008, the Lake Oswego and Tigard (the "cities") executed an Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation ("Agreement"); and WHEREAS, the cities have determined that it is in the best interests of both that the design and construction of certain Water Supply Facilities include a back-up source of electrical power for planned and emergency interruptions of primary electrical power that may occur over the operating life of such facilities; and WHEREAS, through analysis of alternatives for providing a back-up source of electrical power, the cities have determined that entering into an agreement for alternate electrical service ("Agreement") with Portland General Electric ("PGE") best meets the cities' objective of providing a reliable supply of water to their citizens for public health, fire suppression, sanitation and economic development; and WHEREAS, the Agreement commits PGE to providing the cities on-demand access to a second source of electrical power from its electrical supply system in perpetuity, in exchange for a one- time lump sum payment of$538,698; IT IS RESOLVED by the Lake Oswego City Council that: Section 1. The City Manager is authorized to sign the Agreement substantially in the form attached hereto as Exhibit 'A'. Section 2. This Resolution shall be effective upon its adoption by the City Council. Considered and enacted at the regular meeting of the Lake Oswego City Council on the 20TH day of January 20, 2015. Resolution 15-02 Page 1of2 AYES: Mayor Studebaker, Bowerman, Buck, Gudman, Gustafson, Manz, O'Neill NOES: None EXCUSED: None ABSTAIN: None 346A41/61-4iliL- Kent Studebaker, Mayor ATTEST: Catherine Schneider, City Recorder APPROVED( AS TO-FORM: David Powell, City Attorney Resolution 15-02 Page 2 of 2 Exhibit A CITY OF LAKE OSWEGO;CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC COMPANY AGREEMENT FOR ALTERNATE SERVICE (Water Treatment Plant in West Linn) 2014 1I ' `,:,.:.r-1 .-e-'trnc: tP". -Alternate Service Agreement Exhibit A This Agreement for Alternate Electric Service ("Agreement") is between the City of Lake Oswego, an Oregon municipal corporation; the City of Tigard, an Oregon municipal corporation; both hereinafter referred to as "Customer" and PORTLAND GENERAL ELECTRIC ("PGE"), an Oregon corporation. PGE and Customer are hereinafter sometimes referred to individually as "Party" and collectively as the "Parties". The Parties agree as follows: 1. Term of Agreement This Agreement shall commence on the date of execution and remain in effect for as long as Customer requires alternate electric service at the location described below, or until Customer provides written notice to PGE in accordance with paragraph 10a) herein, whichever is earlier. 2. Conditions of Service PGE reserves the right to test, operate, and maintain the PGE equipment involved. Customer will be notified, in writing or by using another mutually agreeable method of communications, in advance,to the extent practicable, if the alternate service will be unavailable for more than 24 hours. This Agreement does not provide for increases in PGE's alternate service capacity and service may, therefore, be interrupted if actual kVA demand, by Customer, on the alternate service facilities exceeds the contracted maximum kVA demand. 3. Location to be Served and Point of Delivery a) The alternate electric service capacity, agreed to herein, shall be available for use at Customer's premises located at: 4260 Kenthorpe Way, West Linn, OR 97068. b) The point of delivery of the alternate electric service is specifically described as: Termination lugs for the 750 kcmil AL XLP cable contained within the EUSERG-compliant (section 400 of the 2012 Electric Utility Service Equipment Requirements Committee standards manual), 15 kV-rated, revenue metering cabinet located at Lake Oswego/Tigard Water Partnership Water Treatment Plant(4260 Kenthorpe Way, West Linn, OR 97068). See Exhibit 1, [006977.011/179295/2]2IV`zt^;TreLLmen. 'i i. - Alternate Service Agreement Exhibit A 4. Payment a. Contracted Demand: Customer agrees to pay PGE a one-time lump-sum payment of$530,698. Subject to timely receipt of the one-time lump-sum payment to PGE and following completion of construction of the necessary facilities, PGE agrees to provide 4,000 kVA of alternate service capacity pursuant to the terms and conditions of this Agreement. h. Demand in Excess of Contracted Amount: When the alternate service is utilized, Customer's monthly billing will consist of. i) the standard kW and kVAR demand charges on either the preferred or alternate service, whichever is the greater; ii) the sum total kWh charge for both services; and, iii) in the event that Customer imposes a kVA demand on the alternate service facilities in excess of the above-listed, Customer will pay PGE an additional monthly amount for that month and the succeeding 11 months. The additional monthly amount, discussed in (iii) above, will be determined by multiplying the excess kVA demand by the then-current tariff sum of transmission and distribution demand charges and the applicable facilities capacity charges. For informational purposes only, currently, the sum of these monthly charges is $4.75 per kVA for a Schedule 85 primary voltage customer at 4,000 kVA, however, this rate is subject to change. Should a condition of kVA demand occur, which exceeds the maximum kVA contracted for under this Agreement, Customer shall either modify operations to prevent excess kVA demand or execute a supplemental Agreement with PGE for the additional amount of alternate service required. It is understood and agreed that the cost of accommodating additional alternate service for Customer will be based on the costs of PGE in effect at that time. Customer will also be billed actual cost of any damage to PGE's alternate service facilities caused by Customer's alternate service demand in excess of the contracted amount. 5. Advanced Notice for Using Alternate Facilities Either PGE or Customer may arrange for service to be provided through the alternate service facilities. Customer must gain prior approval for non-emergency usage by providing written notice to PGE five (5) days in advance of the desired switch. Notice to PGE shall be provided to Andrew Schafer, Key Customer Manager (503-464-2583). f006977.011/179295/2]3 ,it-Alternate Service Agreement Exhibit A 6. Indemnification Customer shall, to the fullest extent permitted by law, protect, defend, indemnify and hold harmless PGE and its affiliates and their respective employees, directors, and agents ("Indemnitees") from and against any losses, costs, claims, penalties, fines, liens, demands, liabilities, legal actions,judgments, and expenses of every kind (including, without limitation, reasonable attorney fees, including at trial and on appeal) asserted or imposed against any Indemnitees by any third party (including, without limitation, employees of Customer or POE) and arising out of the negligent or wrongful acts or omissions of Customer or any subcontractor of or consultant to Customer or any of their respective employees, directors or agents arising out of or in any way related to the performance or nonperformance of this Agreement ("Indemnified Losses"), except to the extent such indemnified Losses are caused by the sole negligence or willful misconduct of the indemnitees. Customer warrants to PGE that its indemnity obligation will be supported by liability insurance to be furnished by it, or self-insurance approved by POE for these purposes; provided that recovery under or in respect of this indemnity shall not be limited to the proceeds of any insurance. 7. Disclaimer of Consequential Damages EXCEPT TO THE EXTENT REQUIRED BY LAW, PGE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES (IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN RESPECT OF THIS AGREEMENT. 8. Successors and Assigns Customer may assign this Agreement to a third party or a successor in interest as long as a) in POE's reasonable judgment such third party's or successor's creditworthiness and ability to perform Customer's obligations under this Agreement are at least as good as that of Customer; and b) the assignee or successor agrees to be bound by all the terms of conditions of this Agreement. 9. Cancellation of Previous Agreements Any and all former agreements between Customer and PGE for the alternate electric service covered by this Agreement are hereby canceled and terminated. [006977.011/179295/2)4 I Wet_r -it-A l t e r n a t e Service Agreement Exhibit A 10. Termination of This Agreement a) This Agreement may be terminated by Customer upon 30 days' written notice to PGE.The subsequent availability of alternate electric service is subject to all changes in applicable tariffs, including Utility Rules and Regulations and all lawful orders of the Public Utility Commission of Oregon. b) Should the payment for alternate service be on a monthly basis, upon termination Customer will pay to PGE the amount that PG E's depreciated investment in such alternate service facilities exceeds the current value of the facilities to POE. c) If the Customer has made a lump-sum prepayment to POE for the alternate service facilities, upon termination PGE will pay to the Customer an amount equal to the current value to PGE for said facilities. This amount will not exceed the undepreciated amount of said facilities at the time of such termination. d) In the event that the Customer fails to prevent excess kVA demand and refuses to timely execute a supplemental agreement with POE for the additional amount of alternate service required by it, upon written notice to Customer, PGE , ay terminate this Agreement and Customer shall be responsible for all outstanding amounts owed to POE including the payment under section 1Ob), to the extent applicable. INTENTIONAL BREAK SIGNATURE PAGE TO FOLLOW [006977.011/179295/2]5I i .' t2" _nient7L.n:-Alternate Service Agreement Exhibit A CUSTOMER: CITY OF LAKE OSWEGO LAKE OSWEGO--Approval as to Form . `�-L-1 I Title) (Initials, Date) (Date) CUSTOMER: CITY OF TIGARD TIGARD—Approval as to Form (Signature, Title) (Initials, Date) (Date) COMPANY: PORTLAND GENERAL ELECTRIC COMPANY (Signature,Title) (Date) PGE— Rates and Regulatory Affairs PGE—Legal Review c i //u/N (Signature,Title) (Initials, Date) (Date) 6P. m.e, -1-ret,r, .:_nt ,,'iElt -Alternate Service Agreement - - — _ . —[ 0 l- , -. ( ; 9/5/14 A. Alternate Seivice F as Q i t (Oswego-Marylhursti North fNfNfNr #'' 1 1 1 It t It A P r-- 1t i ; 1-#750 kcmil AL XLP - I I1 in G"P`wC Conduit 1 ; I It t � • I t1 1 r 1 U I afj 1 II t 5106-PGE Vault with i1 I i ii HBea ut Lid — ---i•-•1111 _ "EN OR 7€ a ,ry_r -y ;T a — ao- ] II 0 ti — i I r Il is r 1 ' i , (� `�� ,, '" _. [Attachment to Alternate , Service Agreement • • • • 13 kV PGE Service to Lake • PGE Metering Cabinet Oswego/Tigard d Water • EUSERC 401 Compliant Partnership Treatment Plant -- -- Approximate Locations and il Quantities of PGE Equipment By: Ken Spencer, PE m x 503.849.7007 1 6 Partial Site Plan — Na Scale 64.,),)-_ r,-- ,... .. max .• .i' )„ -.. _-- ' — r - L.. -i -6459 w , .� :,I� r y# _, r . _\� ; 1 �__�___ . — t3 1 6455 r coo sww •nor I! II ::I R. ", I I ( I ,... ;'?a 1/ :E.� . I + I .^a,rxa 41 W E' iii, I1 ,n. 17 ii ':.' '2l•I ;�;:., eHv,,,pl�w.. K I. -�� Or �A I ;,. a ,. a as a.+w Y� i[.➢.nein ..:�r` a . 1 IS,,....:-.77-'-x: I.+I "•alI r:",k ///Ill g" ! �� rea s- r " ( f• •- ......--pi I .1 -'...ii. I��re I i!!I ..0 _ n.s.w to----,__,---_,_,JI ,y��, I n.:i. nllr+rn.. 1 j' __! ,L.„... i a I j` I I I "�"'4:, F—rsc,,140 . k--i ,�-- ���, a w, ;I i II I ' •+ w"e-zx Y a to ma;% 4 , .m ruu �. 7 I ...I ... .era ' --+} -0 I I I E.`r• o- zrrn:upaa .K"co n -:,.1 ,....R. ��,ti I X11I I ,___10 :�61" r � E!i 5 [ D1I .� L �, • ., . '4'k,rc�,.:r t�.\ _ S� # I " - I �I P'k1'.7'r 1 �; ,� I f I —1- - - ,\ —L__,-17—, �� FL-C11159 M 1 r } I \‘'.....17_J„• L _- :4". iki''' ' L. - - CONsrRUCflO a Nom r.ar LEGEND _ — _ `:^.:3.3..."..••'"...".""•'"'...• NEW PGE PACLITIES '.0.RE lust !1cI ��{i'i 2 r �$.,,I" ..W6a.111,- r.,.. Y'i1 `��-'"y 6 am Nam i. .r wl rau•r,.raw• -u � "".1.• .y =�'�.nr !� _. ''" RW 9. '^� h "' lR'r'I.' - a f J'.'.. ` t'1 .3f_" ..nr. I Yi't�:c `� il-'� s�,'�s ..Tw•w •.i` I �/�• '.�r.� i ,-� zYY :;. _w. i*" �.i.�ui'r�� ••. rQ4'KC.U.Xrw' -"' 9x.ry[.v113.4c3 • vWe.L.,..r.'i., r . I 'a'aa:.'-W' - -' . . .. - -.x.00. ,•.11mIP5 " ••.,Ei S`—�.- -_ _ 77C21 �1r"„o4Ff WAY I]rp� ,�3 rR4 I _ -- - —_. •s-emir:n➢ 4, ., .,.-- 4•': —'--�T �.a— --- m u r ]CiN1rY MM 4 ' My« _„ 72:3-_-__--_� fE r�,a:oml w.• _ — .....__ �� .7-4--.7, 81 1.I ` n M+AK IN ! ,.- _ (W.r,.�4i ..="— ..»v➢. " .r. CITY OF LAKE OSWEGO; CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC COMPANY AGREEMENT FOR ALTERNATE SERVICE (River Intake Pump Station in Gladstone) 2014 This Agreement for Alternate Electric Service ("Agreement") is between the City of Lake Oswego, an Oregon municipal corporation;the City of Tigard, an Oregon municipal corporation; both hereinafter referred to as "Customer" and PORTLAND GENERAL ELECTRIC ("PGE"), an Oregon corporation, hereinafter the "Parties". The parties agree as follows: 1. Term of Agreement This Agreement shall commence on the date of execution and remain in effect for as long as the Customer requires alternate electric service at the location described below or until Customer provides written notice to PGE in accordance with paragraph 10a) herein,whichever is earlier. 2. Conditions of Service PGE reserves the right to test, operate, and maintain the PGE equipment involved.The Customer will be notified in writing or by using another mutually agreeable method of communications in advance,to the extent practicable, if the alternate service will be unavailable for more than 24 hours.This Agreement does not provide for increases in PGE's alternate service capacity and may therefore be interrupted if actual kVA demand by the Customer on the alternate service facilities exceeds the contracted maximum kVA demand. 3. Location to be Served and Point of Delivery a) No later than five business days after receipt of payment from Customer pursuant to section 4(a) of this Agreement, PGE shall install and maintain for the Customer's emergency use, sufficient alternate electric service capacity as contracted by the Customer at Customer's premises located at: 105 E. Clackamas Blvd, Gladstone, Oregon 97027 b) The point of delivery of alternate electric service is specifically described as: Termination lugs for#2 AL XLP cable contained within the EUSERC-compliant (section 400 of the 2012 Electric Utility Service Equipment Requirements Committee standards manual) 15 kV- rated revenue metering cabinet and located at Lake Oswego/Tigard Water Partnership River intake Pump Station (105 E. Clackamas Blvd., Gladstone, OR 97027). See Exhibit 1. 2IRiver Intake Pumping Station Alt Svc Agreement 4. Payment a. Contracted Demand: Customer agrees to pay PGE a one-time lump-sum payment of two-hundred-seventy-three- thousand one hundred sixty-eight dollars, ($273,168) no later than September 30, 2014. Subject to receipt of the one-time lump-sum payment, PGE will provide 1,000 kVA of alternate service capacity under this Agreement. b. Demand in Excess of Contracted Amount: When the alternate service is utilized,the Customer's monthly billing will consist of the standard kW and kVAR demand charges on either the preferred or alternate service, whichever is the greater;the sum total kWh charge for both services and, in the event that the Customer imposes a kVA demand on the alternate service facilities in excess of the above-listed, the Customer will pay PGE an additional monthly amount for that month and the succeeding 11 months. This amount will be determined by multiplying the excess kVA demand by the current tariff sum of transmission and distribution demand charges and the applicable facilities capacity charges. Currently the sum of these monthly charges is$4.92 per kVA for a Schedule 85 secondary voltage customer at 1,000kVA. Should a condition of kVA demand which exceeds the maximum kVA contracted for under this Agreement occur, the Customer shall either modify operation to prevent excess WA demand or execute a supplemental Agreement with PGE for the additional amount of alternate service required. It is understood and agreed that the cost of additional alternate service will be based on the costs of PGE in effect at that time.The Customer will be billed actual cost of any damage to PGE's alternate facilities caused by the Customer's alternate service demand in excess of the contracted amount. 5. Advanced Notice for Using Alternate Facilities Either PGE or the Customer may arrange for service to be provided through the alternate facilities. The Customer must gain prior approval for non-emergency usage by providing written notice to PGE five (5) days in advance of the desired switch. Notice to PGE shall be provided to Tiffany Delgado, Key Customer Manager(503-464-8635). 6. Indemnification Customer shall,to the fullest extent permitted by law, protect, defend, indemnify and hold harmless, PGE and its affiliates and their respective employees, directors, and agents 3lRiver Intake Pumping Station — Alt Svc Agreement ("Indemnitees") from and against any losses, costs, claims, penalties, fines, liens, demands, liabilities, legal actions,judgments, and expenses of every kind (including, without limitation, reasonable attorney fees, including at trial and on appeal) asserted or imposed against any Indemnitees by any third party (including, without limitation, employees of Customer or PGE) and arising out of the negligent or wrongful acts or omissions of Customer or any subcontractor of or consultant to Customer or any of their respective employees,directors or agents arising out of or in any way related to the performance or nonperformance of this Agreement ("Indemnified Losses"), except to the extent such Indemnified Losses are caused by the sole negligence or willful misconduct of the Indemnitees. Customer warrants to PGE that its indemnity obligation will be supported by liability insurance to be furnished by it, or self-insurance approved by PGE for these purposes; provided that recovery under or in respect of this indemnity shall not be limited to the proceeds of any insurance. 7. Disclaimer of Consequential Damages EXCEPT TO THE EXTENT REQUIRED BY LAW, PGE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES(IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN RESPECT OF THIS AGREEMENT. 8. Successors and Assigns The Customer may assign this Agreement to a third party or a successor in interest as long as a) in PGE's reasonable judgment such third party's or successor's creditworthiness and ability to perform Customer's obligations under this Agreement are at least as good as that of Customer; and b)the assignee or successor agrees to be bound by all the terms and conditions of this Agreement. 9. Cancellation of Previous Agreements Any and all former agreements between the Customer and PGE for alternate electric service covered by this Agreement are hereby canceled and terminated. 10. Termination of This Agreement a) This Agreement may be terminated by the Customer upon 30 days' written notice to PGE. The availability of alternate electric service is subject to all changes in applicable tariffs, including Utility Rules and Regulations and all lawful order of the Public Utility Commission of Oregon. 4lRiver Intake Pumping Station — Alt Svc Agreement b) Should the payment for alternate service be on a monthly basis, upon termination Customer will pay to PGE the amount that PGE's depreciated investment in such alternate service facilities exceeds the current value of the facilities to PGE. c) If the Customer has made a lump-sum prepayment to PGE for the alternate service facilities, upon termination PGE will pay to the Customer an amount equal to the current value to PGE for said facilities.This amount will not exceed the initial investment in said facilities minus depreciation accrued at the time of such termination. d) In the event that the Customer fails to prevent excess kVA demand and refuses to execute a supplemental agreement with PGE for the additional amount of alternate service required, upon written notice to Customer, PGE may terminate this Agreement, and Customer shall be responsible for all outstanding amounts owed to PGE including the applicable payment under section lob). IN WITNESS WHEREOF, the undersigned parties have executed this Agreement this_ 1' day of � �t Y , 2014. CUSTOMER: CITY OF LAKE OSWEGO CUSTOMER: CITY OF TIGARD c Or/ /I4v4a � � 6 M (Signature,Title) (Signature,Title) ‘701 20/4_ (Date) (Date) 14.00, .rs 4 ,.w Ae/ COMPANY: PORTLAND GENERAL ELECTRIC COMPANY e 1 4 e 19514-021-17 5i nature Title) 5r. V P �J�T DW.2477/ 1- � ����J { G (Date) PGE-.Rates and Regulatory Affairs PGE—Legal Review A,tt..\7y0 diA 4v. rr iLm\-t ,-/-131 (Signature,Title) -L Lt{ (Initials, Date) Lw (Date) S [ River Intake Pumping Station - Alt Svc Agreement i I E 3-#2 AL XLP in 4"PVC . Conduit. Alternate Service 1 (Abernathy- 1:. - ,-�'-' •1 Clackamas Heights) 0 TE 3 --- -_.�— J . ` ' .- N _ * _ �r PGE Metering Cabinet. `, di'4'‘-.'-'iik -.-'- rLir �; EUSERC 401 Compliant 12,1._ ._ r rj ' iIFIC ITY METERING \ REQUIRED i 4KING _.•.-1 '� �' EMCL0.5UgES SPACE BOUNDARY---_---- j a • 011111 - ~• ``" ` 15lcV PAD-MOUNTED SWITCHGEAR q -..) E. ' JENNINGS LODGE y r ,' IE UTILITY SERVICE l + ' POLE DROP7500I1667kM � TRANSFORMER - \ � RAW-03•XFrii•0Q© 111 lit..'i 1111 i EBF a \ E5 Aft 1500/ 3$OkVA ,t TRANSFORMER RAW-03-XFU-002—J Partial Site Plan — No Scale 3/24/14 North 13 kV PGE Service to Lake Oswego/Tigard Water Partnership River Intake Plant Approximate Locations and Quantities of PGE Equipment Exhibit 1 By: Ken Spencer, PE 503.849.7007 APPENDIX H WEST LINN/LAKE OSWEGO/TIGARD EMERGENCY INTERTIE AGREEMENT AMENDED AND RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM INTERTIE BETWEEN THE SOUTH FORK WATER BOARD,THE CITY OF LAKE OSWEGO,THE CITY OF TIGARD AND THE CITY OF WEST LINN This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board," and the City of Lake Oswego,an Oregon municipal corporation, hereinafter referred to as"Lake Oswego" and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard," all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. The Board, West Linn and Lake Oswego entered into an intergovernmental cooperative agreement in 1984 to provide for the construction,operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego. 2. The facilities as described in the 1984 agreement, which are located near the intersection of Old River Road and Kenthorpe Way in West Linn, were constructed and the intertie became operable in that same year. 3. The intertie has been utilized periodically since 1984 during emergencies and scheduled shut- downs to provide water supply between the Board,West Linn and Lake Oswego. 4. After the construction of the intertie,West Linn, Lake Oswego and the Board jointly funded, and West Linn constructed, a pump station on Old River Road near its intersection with Kenthorpe Way to provide for automatic and unattended operation of the intertie. 5. The intertie, pump station and appurtenant facilities provide benefit to all of the Parties to this agreement. 6. Lake Oswego and Tigard entered into an intergovernmental cooperative agreement that conveys an ownership interest in the existing water supply facilities that supply emergency water to West Linn and Board, and provides for construction of new water supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply Lake Oswego and Tigard's long term water needs. 7. The changes in ownership and anticipated facilities expansion called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amending the existing water system intertie agreement and adding Tigard to the agreement 1 8. The Parties desire that this agreement supersede and replace the 2003 agreement. 9. The Parties acknowledge that they have the authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010 et seq. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follow; 1. "Water Supply Facilities" Defined.As used herein,the term"water supply facilities" means river intake, raw and finished pumping facilities,water treatment facilities,water storage facilities, and all other infrastructure used in conjunction with the appropriation,treatment,storage or transmission of the Parties'water. 2. "Emergency Condition" Defined.An "emergency condition" is an occurrence created by a failure of a Party's water supply facilities,or the occurrence of an event that jeopardizes a Party's water quality,whereby insufficient supply of water to the Party's customers could threaten the health or safety of those customers.Such failure includes failure or interruption in the operation of river intakes, raw and finished water pumping facilities,water treatment facilities, raw and finished water pipelines, reservoirs,and appurtenant facilities. "Emergency condition"does not include a situation that involves the loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode or a reduction in available water resulting from regulatory action by a state or federal agency. 3. Use of Water Intertie. a. Emergency Conditions. Use of the water intertie during an emergency condition maybe accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee_ b. Non-Emergency Conditions Less Than Two Weeks.Temporary use of the intertie for a period less than two weeks during scheduled maintenance and repair may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. c. Non-Emergency Conditions Greater Than Two Weeks. Prolonged use of the intertie for more than two weeks during scheduled maintenance and repair must be approved by the Executive Officer of each Party. 4. Location and Description of Water System Intertie.The water system intertie and pump station facility is located at 20225 Old River Road. Supply to the pump station from Lake Oswego/ Tigard is from a connection to Lake Oswego's finished water transmission main. The pipeline connection between Lake Oswego's finished water transmission main and the intertie pump station is under the exclusive ownership and control of West Linn. The pump station and related valves and control systems allow the intertie to be used on a continuous and automatically controlled basis in both directions of supply, i.e. Board/West Linn to Lake Oswego/Tigard and Lake Oswego/Tigard to West Linn/Board.The pump station includes flow, pressure control, metering and telemetry facilities,and a connection for providing emergency power supply.The pump station, along with the facilities and appurtenances associated with it, 2 and any modifications thereto, constitute the water system intertie that is the subject of this agreement. 5. Title to Intertie Facilities.Title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn.Title to the property occupied by the intertie pump station will be in the name of West Linn. 6. Method of Water Supply Through Intertie.Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping, metering,flow and pressure control facilities associated with the intertie pump station.Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping from Lake Oswego's water system through the intertie pump station into West Linn's system. Instrumentation,control and telemetry systems in the station are under the primary control of West Linn, Lake Oswego has installed additional instrumentations,control and telemetry systems that provide for pump station status indication and additional control functions. West Linn will prepare and update as necessary an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board, Lake Oswego and Tigard. T quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement,the Party supplying water shall endeavor to supply the amount of water requested by the other Party,and take all reasonable actions necessary to accomplish the same,so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day(mgd), Lake Oswego and Tigard can provide West Linn and Board with up to 4 mgd through at least 2041. 8. Cost of Water to be Supplied.The Parties agree to pay for all water provided through the intertie at a rate that is the greater of: a. The rate being paid by West Linn to South Fork for wholesale water;or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station,which in the first year of operation of the expanded treatment plant is estimated to be$0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station.The Parties have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided, as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for the Party supplying water through the intertie to obtain additional water from a water provider-that is nota party to this agreement, the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non-party water provider.The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties without cost. In addition to the rate charged for water, the Parties by mutual agreement reserve the right to impose wheeling charges. 3 9. Operation and Maintenance Costs. Lake Oswego and Tigard agree to supply the water used to exercise the intertie pumps at a rate of approximately 500 gallons per minute for one hour each week at no cost to West Linn or the Board. The Parties agree that West Linn, as the owner of the intertie facilities,is responsible for all other costs of the normal day-to-day operation and maintenance of the facilities. 10. Repairs, Renewals, Replacements, Upgrading and Modifications. The Parties agree that West Linn, as the owner of the intertie facilities,will be responsible for scheduling, contracting for and implementing any repairs, renewals,replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs. West Linn shall be responsible for the cost of all repairs, except that Lake Oswego and Tigard agree to pay 50%of the cost of any repairs necessary to those facilities that benefit Lake Oswego and Tigard.Those facilities are defined as the piping, valves,vaults,metering, instrumentation and control systems, and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements that increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period_ 11. Access to Water System Intertie Facilities. The Parties and their employees shall have access to the water system intertie facilities. 12. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or mutual aid agreements,the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 13. Supersedes Prior Agreement. The Parties agree that this agreement supersedes and replaces the prior agreement executed in October(Lake Oswego), November(Board) and December (West Linn), 2003. 14. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties_Any amendments shall be in writing,shall refer specifically to this agreement,and shall be executed by the Parties. 15. Termination of Agreement.This agreement shall remain in perpetuity until such time as it is terminated by the mutual written consent of all Parties. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 15. Written Notices.All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 15952 5. Hunter Avenue Oregon City,Oregon 97045 4 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 359 Lake Oswego, Oregon 97034 City of Tigard City Manager 13125 SW Hall Blvd Tigard, Oregon 97223 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn,Oregon 97068 17. Dispute Resolution: If a dispute arises between the Parties regarding this Agreement,the Parties shall attempt to resolve the dispute through the following steps: Step One(Negotiation) The Executive Officer or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent.The nature of the dispute shall be reduced to writing and shall be presented to each Executive Officer, who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution, signed by each Executive Officer and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two(Mediation) If the dispute cannot be resolved within thirty(30) days at Step One,the parties shall submit the matter to non-binding mediation.The Parties shall attempt to agree on a mediator. If they cannot agree,the Parties shall request a list of five (5)mediators from the Presiding Judge of the Clackamas County Circuit Court.The Parties will attempt to mutually agree on a mediator from the list provided,but if they cannot agree,the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court.The cost of the mediator shall be borne equally between the Parties, but each Party shall otherwise be responsible for its own costs and fees. If the issue is resolved at this step,a written determination of such resolution shall be signed by each Executive Officer and ratified by their respective Board or Council. Step Three (Arbitration) If the Parties are unsuccessful at Steps One and Two,the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process as in Step Two for the selection of the arbitrator. Upon breach of this agreement,the nondefaulting Parties shall be entitled to all legal or equitable remedies available,including injunctive relief,declaratory judgment,specific performance and termination. Each party shall be responsible for its own attorney fees and costs. 5 IN WITNESS WHEREOF,the Parties have set their hands and affixed their seals as of the date and year hereinabove written. Board has acted in this matter pursuant to Resolution No. adopted on the a ti'" day of Nov€. ,2013,or by any other acceptable means. Lake Oswego has acted in this matter pursuant to Resolution No.' '`1 adopted on the 6 day of\OIWAVair_ ,2013,or by any other acceptable means. West Linn has acted in this matter pursuant to Resolution No. adopted on the tea day of NeTwY+bs.r, 2013,or by any other acceptable means. Tigard has acted in this matter pursuant to Resolution No.11" (-- adopted on the day of - :r + , or by any other acceptable means. )1-1 South Fork Water Board, _ by and through its offs ',Is APPROVE' *TO FOR 9 By: , ,. By: .r. A- ,---_,v.„____— Dau.'eeley Vic• C air Chri`rean,Attorney City of Lake Oswego, APPROVED AS TO F by and through its o ials iee(24.4....4 I By: ft',:eAt .[I- -- L By: Kent Studebaker, Mayor David Powell,City Attorney Attest: tal, 1,J_.., ,. I. / Catherine Schneid•'"l''ty Recorder City of West Linn, APPROVED AS TO FORM by and/through its officials ` r BY: I ' ; E_�� _ �1, ) Joi ovash, ff r Megan Thorn ■n,Assistant City Attorney Attest: �Ws-�alt� ' Kathy Mollusky, sty Recorder City of Tigard APPROVED AS TO FORM by an;hr■ g;t�■�icials By: 1. _ r.; By. _ t John 1. 1. _r Mayor v 'auris,Atto ey r Attest (;C� /4)4; z 7 Cathy 1 "heatley,_City Recorder ' 6 APPENDIX I COMMUNICATIONS PLAN a 9� Lake Oswego Tigard Water Partnership Internal Communications Protocol fi4'PRRT14C This internal communications protocol is designed to ensure effective, clear communication between the City of Tigard and City of Lake Oswego and, establish a positive working relationship between the two parties. This protocol creates a set of ground rules for sharing and receiving information between both parties. 1 Key Personnel and Responsibilities Operations Committee Members: City of Lake Oswego: Primary: Kari Duncan Secondary: Kevin Batridge City of Tigard: Primary: John Goodrich Secondary: Aaron Beattie Oversight Committee Members (as of fall 2017): City of Lake Oswego: Mayor Kent Studebaker Councilor Jackie Manz (current Chair) City of Tigard: Mayor John Cook Councilor Jason Snider Responsibility/ Point Name Title of Contact (POC) City of Lake Oswego (Managing Agency) Primary Kari Duncan Water Treatment Plant (WTP) Manager Secondary Kevin Batridge Assistant Water Treatment Plant Manager Tertiary WTP Operator Acting Operator Acting in Capacity if WTP Manager in Capacity (AIC) and Asst. WTP Manager are out WTP Operations Staff WTP Operators and Staff Erica Rooney City Engineer Joel Kuhnke Water Distribution Superintendent Kevin McCaleb Water Conservation Specialist Anthony Hooper Public Works Director Page 1 Appendix I.a. LOTWP Communications Plan Internal.docx Katy Kerklaan Citizen Information Specialist Scott Lazenby City Manager Megan Phelan Assistant City Manager I City of Tigard Primary John Goodrich Utility Manager Secondary Aaron Beattie Water Operations Supervisor Tertiary Brian Rager Public Works Director Kay Landsiedel Sr. Water Technician Jennifer Joe Water Quality Specialist Marissa Grass Public Information Officer Marty Wine City Manager Eric Zimmerman Assistant City Manager 2 Normal operating conditions 2.1 There is an ongoing commitment to communicate consistently and clearly between the parties, even if there is nothing to report. 2.2 The parties will establish a core email distribution group (in Microsoft Outlook) consisting of the Operations Committee members, WTP staff, primary, secondary and tertiary POCs, Water Conservation Specialist and Water Quality Specialist. 2.3 The parties will establish a comprehensive contact list (including phone numbers and emails) of all Operations Committee members, WTP staff and Tigard water staff. 2.4 For the long-term wellbeing of the partnership, both party's primary, secondary or tertiary POCs will share ongoing information and updates on issues via email, phone or monthly meetings to the Operations Committee members and email distribution group. 2.5 There is a commitment by the Operations Committee and both parties to meet on a minimum of a monthly basis to discuss issues of concern, update on water quality and water conservation efforts, and plan upcoming outreach activities. The Managing Agency is responsible for establishing and holding these meetings. The Operations Committee members will attend, along with other staff such as WTP staff, Water Quality, Conservation and Distribution staff from each City depending on agenda topics. 2.6 Oversight Committee meetings will be held quarterly. At least one representative from each City from the Operations Committee will attend and convene these meetings. Prior to the meeting, relevant reports or memos will be prepared and reviewed by the primary POCs from the Operations Committee. Page 2 Appendix I.a. LOTWP Communications Plan Internal.docx 3 Non-normal operating conditions Several events or circumstances that are considered "non-normal" will require notification and communication to the other party in a timely manner. Some of these conditions or events include: • PGE Energy Demand Response agreement curtailments/shut-downs/response events (refer to VI SUPPLY FACILITIES OPERATION section A. f. and Appendix F) in the Operations Plan) • Planned or anticipated changes in water quality • Implementation of water curtailment plan, voluntary or involuntary restrictions • Planned interruptions to service as a result of: o Planned inspections, maintenance or repairs o Corrective inspections and repairs o Regulatory restrictions or constraints o Emergency supply to others The communication approach will be handled in the following manner: 1. Relevant party POC notifies all Operations Committee members, and WTP staff via email or phone call, not less than 72-hours in advance of event. Notification will include the following information: a. The nature of the situation and cause b. What has been discovered/requested c. Actions that need to be taken and special instructions to affected parties -why, when and how d. Expected duration of event 2. Affected parties respond to notification via email or phone call (initiate closed- loop communication to verify notice has been received). 3. Both parties convene a conference call or face-to-face meeting if necessary, to mutually agree on next steps and required actions. This includes determining if an emergency response plan needs to be activated, an advisory or external announcement needs to be issued and if a higher level of communication is required. 1. Both parties POCs to implement required actions and additional notifications to required regulatory agencies including Lake Oswego Fire Department, Tualatin Valley Fire Department, and wholesale customers if impacted. 4. Each party notifies their relevant department staff. 5. Relevant party point of contact briefs Oversight Committee, Councils, City Managers if necessary. 6. Relevant party to update Operations Committee every 4 hours or as determined at the initial meeting. 7. Relevant party to notify Operations Committee, Oversight Committee, Councils, City Managers when the event or scenario has concluded, and normal operations have resumed. Page 3 Appendix I.a. LOTWP Communications Plan Internal.docx 4 Emergency operating conditions Emergency scenarios or operating conditions may include: • Unplanned interruption to supply service • Positive detections resulting in microbial contamination • Main break/loss of pressure • Natural disasters • Vandalism • Intentional contamination • High turbidity • Emergency supply to others • Regulatory restrictions or constraints • Emergency inspections or repairs The communication approach will be handled in the following manner: 2. Relevant party POC (primary or secondary POC) notifies Operations Committee representatives, the on call Operator for Tigard and Lake Oswego and City Engineer/Public Works Directors via email or phone call, as soon as possible within normal utility operational parameters. Notification will include the following information: a. The nature of the situation and cause b. What has been discovered/requested c. Actions that need to be taken and special instructions to affected parties -why, when and how d. Expected duration of event 3. Affected parties respond to notification via email or phone call within 1 hour (initiate closed-loop communication to verify notice has been received). 4. Both parties convene a conference call or face-to-face meeting if necessary, to mutually agree on next steps and required actions. This includes determining if an emergency response plan needs to be activated, an advisory or external public service announcement needs to be issued and if a higher level of communication is required. 5. Both parties POCs to implement required actions and additional notifications to required regulatory agencies including Lake Oswego Fire Department, Tualatin Valley Fire Department, Oregon Health Authority, Clackamas County Public Health and Washington County Public Health or others depending on the Emergency. 6. Each party notifies their relevant department staff. 7. Relevant party point of contact briefs Oversight Committee, Councils, City Managers. 8. Relevant party to update Operations Committee every 4 hours or as determined at the initial incident briefing. Page 4 Appendix I.a. LOTWP Communications Plan Internal.docx 9. Relevant party to notify Operations Committee, Oversight Committee, Councils, City Managers when the event or scenario has concluded, and normal operations have resumed. Page 5 Appendix I.a. LOTWP Communications Plan Internal.docx �woSw"a• • • Communications Plan 4 pA tit' Introduction/Background The Lake Oswego Tigard Water Partnership's$254 million construction project is now complete, and work is transitioning into ongoing operation and maintenance of the new facilities. With this transition comes a change in communications efforts and outreach. Naturally,there will be less emphasis on project related messages and building awareness for the change in water source etc., However,there is a critical role both internal and external communications play in the effective operation of the partnership. Ongoing communication needs will still continue and coordinated messaging on key topics that are relevant to both cities and their customers will need to be developed as the operations committee begins to manage the joint assets. Communications Purpose and approach The purpose of this Communications Plan is to ensure effective and clear communication between member cities and the public regarding the Partnership's role as a water provider. This plan serves as a guide for establishing and maintaining effective communications channels, both internally and externally. This plan is intended to be a critical component of the Partnership's overarching Operations Plan. Objectives The main communication objectives are to: • Collaborate and support the development of coordinated messaging between the two cities on partnership matters • Promote and inform clear, consistent and coordinated messages • Maintain a dialogue to ensure no surprises—both internally and externally • Communicate accurate, consistent, timely and understandable information • Develop a clear internal communications protocol between the two cities • Implement effective two-way communication • Promote partnership services and facilities that provide value to customers • Communicate the benefits the new infrastructure provides to customers in terms of improved water quality, seismic resiliency and enhanced service delivery • Provide a framework for consistency and synergy between the two cities communications • Communicate effectively with partners and the public in order to protect public health • Increase public awareness of the partnership's role and service • Minimize public confusion with who is who's water provider • Provide the necessary communication support to allow for the successful implementation of this plan Page 1 Appendix I.b. LOTWP Communications Plan External.docx Key Audience and Stakeholders • Customers/ratepayers/public/businesses • Schools/parks/hospitals/emergency services • City staff—including utility billing, operations, public works, engineering, public affairs,fire, police • Elected officials in member cities • Oversight Committee members • Special interest groups • Media • Local, state,federal regulatory agencies • Local and regional water providers Messaging The partner cities will collaborate and develop coordinated and consistent messaging on: • Partnership (shared)facilities • Water treatment • Water source and supply • Conservation efforts • Water curtailment management o Voluntary o Involuntary o ASRs • Consumer Confidence Reports (Water Quality Reports) • Water Audits • Water Quality Sampling • Partnership website • Emergency preparedness • Campaigns and community events o National Drinking Water Week- May o Infrastructure Week- May o Emergency Preparedness Month -September o Imagine a Day Without Water—September/October • Outreach and events • Crisis/emergency communications Toolkit of materials/initiatives/modes of delivery: Below is a list of ongoing communications tools and outreach efforts which have been used to serve the partnership since its inception. Some of these tools are specific to Tigard or Lake Oswego, others are under the partnership umbrella. At this stage, this Communications Plan does not propose to eliminate any of them. However, as the partnership and member cities begin to transition into full-time operation mode and more is known about the role of the water quality and conservation programs now under the partnership umbrella, an assessment of the perceived effectiveness of these communication tools Page 2 Appendix I.b. LOTWP Communications Plan External.docx should be conducted.There may be opportunities to combine efforts, make improvements, eliminate redundancies and create efficiencies or add new efforts (e.g. school-based outreach program). - Partnership website—lotigardwater.org - Cities websites (water/water conservation pages) - Videos - General outreach brochures,flyers and posters - Social media o Facebook(Partnership's account will not be actively maintained after fall 2017) o Twitter (Partnership's account will not be actively maintained after fall 2017) o Youtube Channel o Nextdoor(through partner cities) - Newsletters o Tigard: ■ Know H2O ■ Cityscape o Lake Oswego: ■ Water Conservation Quarterly ■ Hello LO ■ Council Digest ■ LoDown - Oversight Committee meetings - Consumer Confidence Reports (Water Quality Reports) - Bill inserts - Water Treatment Plant/Facility Tours - Water Audits (Kevin) - Direct outreach: community events, fairs,festivals,farmers' markets - Community group or industry presentations - Other resources: o Regional Water Providers Consortium—emergency management, conservation o Clackamas River Water Providers—watershed information, water source o American Waterworks Association—national resources Page 3 Appendix I.b. LOTWP Communications Plan External.docx APPENDIX J WATER ENVIRONMENT SERVICES (WES) INDUSTRIAL DISCHARGE PERMIT Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 1 1. Applicant Business Name City of Lake Oswego Water Treatment Plant Permit No. 02T-020-W 2. Address of Premises Discharging Wastewater: Initial ® Renewal ❑ Street 4260 Kenthorpe Way SIU ❑ Non-SIU City West Linn State OR Zip 97068 SIC No. 4941 EPA Category N/A 3. Assessor's Map and Tax Lot Number: 21 E 24 BD Billing Responsibility 4. Mailing Address (if different from above): City West Linn or District ❑ Street PO Box 369 Treatment Plant Tri-City WPCP City Lake Oswego State OR Zip 97034 5. Persons to be Contacted About This Permit: (Primary) Name Scott Lazenby Title Lake Oswego City Manager Phone 503-635-0215 (Alternate) Name Kari Duncan Title Plant Manager Phone 503-635-0393 6. Method Used to Compute Industrial Monthly Sewer Service Charges: Metered Water Consumption Wastewater Strength Volume of Wastewater Discharge X Other West Linn 7. Authorization and Fees: The above named applicant is hereby authorized to discharge wastewater to the public sewer subject to said applicant's compliance with the District's Rules and Regulations, appropriate City Ordinance's, any applicable provisions of Federal or State law or regulation, and in accordance with the discharge limitations, monitoring requirements, and other conditions set forth herein, including the payment of all fees and charges as set forth below. Annual Permit Fee $ 1,500.00 This permit is granted in accordance with the application filed on December 2, 2013 in the office of the Clackamas County Water Environment Services, and in conformity with plans, specifications, and other data submitted in support of the above application, all of which are filed with and considered as part of this permit: 8. Effective Date June 1, 2014 Expiration Date May 31, 2019 9. District's Representative Signature Date For questions on any matter related to this permit,please contact: Ed Gilmore, Source Control Specialist 503-557-2834 eda co.clackamas.or.us For questions on any business related matter including billing,please contact: Liz Garcia,Business Services Manager 503-742-4563 L Garcia(d)co.clackamas.or.us H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 1 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 2a Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 10. Wastewater Discharge Limitations The Industrial User shall comply with the discharge limitations and sampling requirements specified below by the effective date of this permit. 1. Below is a listing of local discharge limits derived from the District's Rules & Regulations and include limits for daily maximums. The limit for every pollutant is applicable at the Point of Compliance as shown on the sampling location map in Section 2c. Local Limit Parameter (mg/L) Sample Type Average Flow Pump hours pH 5.5- 11.5 S.U. Grab Total Suspended Solids N/A Grab 2. Until this permit expires or is modified or revoked, the permittee is authorized to construct, modify, or operate a wastewater collection and disposal system and discharge to the District's sewerage system adequately treated wastewaters only from the authorized point established in Section 2c and only in conformance with all the requirements, limitations, and conditions set forth in this permit. 3. NOTES: a) The permittee shall comply with all other applicable regulations and standards contained in the District's Rules & Regulations. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, local law, rule, standard, ordinance, order, judgment, or decree. b) Should analysis reveal the presence of pollutants other than those listed on Section 4a in quantities greater than 0.10 mg/L, the permittee shall analyze for those pollutants. The permittee is responsible for continuous compliance with all of the limits listed in 10.1. c) No discharge of potentially toxic or harmful materials other than those listed above is permitted unless specifically approved by the District. d) The permittee shall have or construct monitoring facilities approved by the Tri-City Service District to be used for the monitoring of wastewater discharges. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 2 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 2c Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 10. Wastewater Discharge Limitations(continued) TN • Administration Building POINT OF COMPLIANCE Mechanical Ozone Ozone Dewatering Generation Building Wash Water Equalizatio n Filtration Solids Chemical Handling Building Tank Lagoons (2) Gravity Thickener H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 3 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 3 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 11. Special Conditions 1. If required by the District, all process wastewater shall receive pretreatment before discharge to the public sewer system in order to meet local and federal discharge standards. 2. The permittee shall establish and comply with written standards, operating instructions, and employee training to ensure the proper and safe handling of all chemicals used on the premises and the proper operation of pollution control equipment. Such documentation shall be made available to the District upon request. 3. The permittee shall operate and maintain all pollution control facilities. A log detailing all maintenance, including preventive maintenance, performed on the pollution control and monitoring equipment shall be kept and made available to the District upon request. 4. The permittee shall provide monitoring of all industrial wastewater discharged to the public sewer using a sampling device and closed sample container used for this purpose. Sampled effluent shall be collected and analyzed in accordance with this permit and 40 CFR 136. 5. Any other environmental control permits issued to the permittee shall be made available to the District upon request and included by reference as part of this permit. 6. If the permittee experiences an accidental spill or an upset as defined in Section 14(U), the permittee shall: a) Immediately take action to stop, contain and clean up the unauthorized discharge, and correct the problem. b) Immediately call the Source Control Coordinator at 503-742-4615 and the Tri-City Treatment Plant at 503-577-2803. In the event the Source Control Coordinator cannot be reached, the permittee shall notify the Water Environment Services Office at 503-353-4567. c) Within five (5)days, submit a detailed written report to the District describing the breakdown, the actual quantity and quality of resultant waste discharges, the corrective action taken, the steps taken to prevent a recurrence, and any other pertinent information. 7. Compliance with (6) above shall not relieve the permittee of responsibility for maintaining continuous compliance with the conditions of this permit or for the resulting liability for its failure to comply. H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 4 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 4a B Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 12. Reporting Requirements 1) The Periodic Compliance Report(Continuous Requirements): Samples to be taken from the Point of Compliance prior to discharge into the sanitary sewer. Pollutant or Reporting Parameter Sample Type Frequency Requirements Flow Meter Monthly Report due by the last day of the following month pH Meter Monthly Total Suspended Solids Grab Monthly H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 5 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 4b Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 12. Reporting Requirements 2) The Periodic Compliance Report shall consist of the following: a) A signed District Discharge Certification Report Form or form approved by the District. b) Copies of all laboratory results, including the analytical methods used, the date sampled, the date analyzed, and a copy of the Chain-of-Custody Form. c) Meter readings (pump cycles). d) Calculations of total monthly flow and daily flow averages. 3) If the permittee monitors any pollutant more frequently than required by this permit at the Point of Compliance, the results of such monitoring shall be submitted to the District. Monitoring reports shall be signed and sworn to by a principal executive officer or his/her designee. 4) The permittee shall notify the District 30 days prior to any planned changes to these wastewater discharges, including, but not limited to, addition or deletion of wastestreams contributory to any sampling point, long-term changes in the relative flow of the component wastestreams, or a change in process or materials that may cause a change in the category of the industry. 5) All reports shall be submitted to the following: Source Control Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 H:\WO\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 6 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W 13. Standard Conditions: A. General. The Industrial User shall comply with all the general prohibitive discharge standards contained in Section 3 of the District's Rules and Regulations. B. Right of Entry. The Industrial User shall allow the District or its representatives, exhibiting proper credentials and identification,to enter upon the premises of the User, at all reasonable hours,for the purposes of inspection, sampling, or records inspection and copying. The right of entry is to the Industrial User's entire premises and includes, but is not limited to, access to those portions of the premises that contain facilities for sampling , measuring, treating, transporting or otherwise handling wastes,for storing records, reports or documents relating to pretreatment, sampling, and discharging wastes. C. Records Retention. The Industrial User shall retain and preserve for no less than three(3)years, any records, books, documents, memoranda, reports, correspondence and any all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of the user in connection with its discharge. This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or the District or when requested by DEQ or the EPA. D. Confidential Information. Except for data determined to be confidential under Section 4.9 of the District's Rules and Regulations, all reports required by this permit shall be available for public inspection at the office of Water Environment Services of Clackamas County. Under no circumstances can wastewater effluent data be claimed or held to be confidential information. E. Recording of Results. For each measurement or sample taken pursuant to the requirements of this permit,the user shall record the following information: • The exact place, date, and time of sampling; • The name of the person who collected the sample; • The type of sample(s)collected; • The dates the analyses were performed; • The person(s)who performed the analysis; • The analytical techniques or methods used; • The results of all required analysis; • The quality assurance and quality control laboratory procedures followed. All sampling and analytical methods used to meet the monitoring requirements specified in this permit shall, unless otherwise approved in writing by the District within, conform to the Guidelines Establishing Test Procedures for the Analysis of Pollutants as specified in 40 CFR, Part 136. F. Resampling Requirement. If the results of the permittee's wastewater analysis indicate that a violation has occurred, the permittee must notify the District within 24 hours of becoming aware of the noncompliance. The permittee must also repeat the sampling and submit the analysis to the District within 30 days after becoming aware of the violation. G. Dilution. No Industrial User shall increase the use of potable or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. H. Proper disposal of Pretreatment Sludges and Spent Chemicals. The disposal of sludges and spent chemicals generated shall be done in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act. H:\W0\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 7 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit - Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W I. Imposition of Civil Penalties. In accordance with Section 4.10 of the District's Rules and Regulations, the District may impose civil penalties including, but not limited to fines, damages, modification or revocation of permit and/or cessation of services when any Industrial User(1)fails to factually report the wastewater constituents or characteristics; (2) refuses reasonable access to the user's premises by representatives of the District for the purpose inspection or monitoring; and (3) violates any condition or provision of its permit, with District's Rules and Regulations Ordinance, any rule adopted pursuant hereto, or any final judicial order entered with respect thereto. J. Certification and Signatory Requirements. In accordance with 40 CFR 403.12(1), all reports required by this permit shall be signed and certified by a principal executive officer of the industrial user or his designee. If the responsible corporate official changes, the District is to be notified as required in 40 CFR 403.12 (I)(4). K. Permit Modifications. The District reserves the right to amend this permit in order to assure compliance with applicable laws and regulations. This permit may be modified with 30 days prior written notification, in whole or in part for causes including, but not limited to: (1)preventing violation(s)of the District's NPDES permit; (2)incorporating new or revised federal, state or local pretreatment standards or requirements; (3)upon receiving information indicating the permitted discharge poses a threat to the District's collection and treatment system, POTW personnel, receiving waters and sludge; (4)correcting typographical or other errors in the permit; and (5)any significant change in volume of a permitted discharge. L. Permit Revocation. An industrial wastewater permit may be revoked at any time for the following reasons: • Violation of any terms or conditions of this permit or the District's Rules and Regulations; • Failure to notify the District of significant changes to the wastewater prior to the changed discharge; • Falsifying self-monitoring reports; • Tampering with monitoring equipment • Refusing to allow the District timely access to the facility premises and records; • Failure to meet effluent limitations; • Failure to pay fines; • Failure to pay user charges; • Failure to meet compliance schedules; • Failure to provide advance notice of the transfer of a permitted facility. M. Limitation on Permit Transfer. Wastewater discharge permits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the District and provision of a copy of the existing permit to the new owner or operator. Sale of a user shall obligate the purchaser to seek prior written approval of the District for continued discharge to the sewerage system. N. Property Rights. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any invasion of personal rights, nor any infringement of Federal, State or local regulations. O. Accidental Spill Prevention Plan (ASPP). Each Discharger shall provide protection from the accidental discharge of prohibited substances or other substances regulated by the District's Rules and Regulations. Where necessary,facilities to prevent accidental discharge of such substances shall be provided and maintained by the Discharger, at the Discharger's own cost and expense. Detailed plans showing such facilities and operating procedures to provide this protection shall be submitted to the District for review and shall be approved by the District for review. In accordance with 40 CFR 403.8(f)(2)(v), dischargers are to be evaluated every two years by the District as to the need for an Accidental Spill Prevention Plan (ASPP). P. Liability. The District, its officers, agents or employees shall not sustain any liability due to the issuance of this permit or the construction or maintenance of facilities resulting from this permit. Q. Severability. The provisions of this permit are severable, and if any provisions of this permit or the application of any provision of this permit to any circumstances is held invalid,the application of such provision to other circumstances and the remainder of this permit shall not be affected. H:\W0\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 8 of 9 (7/14) Tri-City Service District 15941 S. Agnes, Bldg. B Oregon City, OR 97045 Industrial Wastewater Discharge Permit-Section 5 Business Name Lake Oswego Water Treatment Plant Permit No. 02T-020-W R. Bypass or Diversion. The diversion or bypass(the intentional diversion of wastestreams)from any portion of a permittee's treatment facility to maintain compliance with the terms and conditions of this permit is prohibited except"... if the bypass is unavoidable to prevent loss of life, personal injury or severe property damage and there are no feasible alternatives" (40 CFR 403.17). The permittee shall immediately notify the District in writing of each such diversion or bypass, in accordance with the procedure specified in Section 4.10.6 of the Rules and Regulations. S. Notification of Slug Load. If the permittee is unable to comply with all conditions of this permit due to a breakdown of equipment or facilities, an accident caused by human error or negligence, or any other causes such as an act of nature,the permittee shall follow the procedures outlined in the Special Conditions Section of this permit. T. Continuous Compliance. Compliance with (S)above shall not relieve the permittee from responsibility to maintain continuous compliance with the conditions of this permit or the resulting liability for its failure to comply. U. Upset. The District's Rules and Regulations defines an upset as an exceptional incident in which an industrial user unintentionally and temporarily is in a state of noncompliance with the District's Ordinance, due to factors beyond the reasonable control of the industrial user and excluding noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof. An upset will constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards(if the conditions stated in the Federal Regulations 40 CFR 403.16(c)and in the District's Rules and Regulations are met. V. Hazardous Waste Notification. The industrial user shall notify the District,the POTW,the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the POTW of a substance,which, if otherwise disposed of,would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261,the EPA hazardous waste number and the type of discharge(continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW,the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. W. Toxics Reopening. If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition)is established under Section 307(a)of the Federal Clean Water Act(PL95-217, as amended)for toxic pollutants present in the permittee's discharge, and such standard or prohibition is more stringent than limits upon these pollutants in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition, and the permittee shall be so notified. X. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must submit an application for a new permit at least 90 days before the expiration date of this permit. Y. Representative Sampling. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water or substance. All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure its accuracy. Monitoring points shall not be changed without notification to and the approval of the District. H:\W0\120 LO Tigard Water Supply Extension\Reference Documents\IGA\Operations Plan\Appendix\Appendix J WES Industrial Discharge Permit.docx Page 9 of 9 (7/14) APPENDIX K DEQ 200J BACKWASH WATER NPDES PERMIT Permit Number: 200-S Expiration Date: 7/31/2002 Page: 1 of 10 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WASTE DISCHARGE PERMIT Department of Environmental Quality -- , r , fr/ 811 S.W. Sixth Avenue ��. 5 6`) Portland, OR 97204 2'L � ' Telephone: (503)229-5279 ^^ 1 I Issued pursuant to ORS 46813.050 and The Federal Clean Water Act ISSUED TO: Issued 12/13/97 File No. 48480 Clackamas County SOURCES COVERED BY THIS PERMIT: 0R003028-7 Lake Oswego, City of HYDRO CODE: Discharge or land application of filter backwash, 4260 SW Kenthorpe Way 22=-WILL 23 D settling basin, and reservoir cleaning water which West Linn, OR 97068 have been adequately treated prior to discharge. Site Loc. Lake Oswego WTP, 4260 Kenthorpe Wy. , Flushing of raw water intakes after storm events West Linn, Oregon and spring runoff are also allowed. 8 /?-c(47- ichael T. L -lyn,A<,ministrator Date Water Quality Division P RMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge to waters of the State or land apply adequately treated waste waters only from the authorized discharge point or points established in Schedule A and only in conformance with all the requirements, limitations, and conditions set forth in the attached schedules as follows: Page Schedule A -Waste Discharge Limitations 2 Schedule B -Monitoring and Reporting Requirements 3 Schedule C - Compliance Conditions and Schedule - Schedule D - Special Conditions 4 Schedule F - General Conditions 5-10 Unless authorized by another NPDES or WPCF permit, all other direct and indirect discharges to waters of the State are prohibited. • Permit Number: 200-J Page: 2 of 10 SCHEDULE A 1. Waste Discharge Limitations not to be Exceeded by Facilities Covered by this General Permit: Parameters Limitations -Daily Maximum Settleable Solids Shall not exceed 0.1 m1/1 pH Shall be within the range 6.0 - 9.0 S.U. 2. Minimum Dilution Requirement: In assigning this permit, the Department will ensure that the receiving stream flow provides a 30:1 minimum dilution ratio with the effluent during periods of discharge. Facilities that do not meet this criteria will not be eligible for this permit. 3. Temperature Management Plan: Facilities that discharge to water quality limited streams and meet the dilution requirements above will be deemed to satisfy the requirement of developing and implementing a surface water management plan. 4. Mixing Zone:Notwithstanding the effluent limitations established by this permit except as provided in OAR 340-45-080,no wastes shall be discharged and no activities shall be conducted which will violate Water Quality Standards as adopted in OAR Chapter 340 Division 41 except in the following defined mixing zone: The allowable mixing zone shall not extend downstream beyond a distance of 30 feet from the point of discharge and shall not exceed one-half the width of the receiving stream. 5. Land Application: The permittee can land apply filter backwash, settling basin, and reservoir cleaning wastewater provided written approval is obtained from the Department and the following conditions are met: i) No surface runoff or discharge to surface waters from the land application site is allowed; ii) Wastewater must not be land applied at rates which exceed the hydraulic or organic loading capacity of the soil; and iii) The application of wastewater must not result in odors or other nuisance conditions. 6. Prior to discharge to waters of the State, all filter backwash water shall pass through a settling pond or other approved treatment system and meet the effluent limitations in condition 1 above. 7. Prior to discharge to waters of the State, all reservoir cleaning water (on and off-site) shall pass through an approved treatment system and meet the effluent limitations in condition 1 above. If super-chlorinated water (i.e. chlorine concentrations above 4 mg/l) is used for cleaning reservoirs or for water main disinfection and flushing, the water must be dechlorinated prior to discharge. Dechlorination must be sufficiently effective to reduce total residual chlorine concentrations to 0.1 mg/l. Alternatively, the permittee can use non-dischare options suc as discharge to sanitary sewer or land application. 30 f n ori;- 0/L )Vo10 1 rU f J t//k, cal Pn\1 8. Upon approval by the Department, the permittee may discharge water from the clearwell and contact basins if there are contaminants detected. Depending on the circumstances, the Department may require that minimum dilution requirements be met and/or the discharge be dechlorinated to prevent impacts on the receiving stream. Permit Number: 200-J Page: 3 of 10 SCHEDULE B MINIMUM MONITORING AND REPORTING REQUIREMENTS 1. Monitoring Requirements A. Discharge to surface waters: kern or Parameter . Minimum Frequency Type of'Sample ` Effluent Flow(mgd) 1/month Record** Settleable Solids 2/month Grab • Total Residual Chlorine 2/month Grab (mg/1)*** pH 2/month Grab B. Land application: Item or Parameter Minimum Pro ueny q' p&ofSapl-e* Effluent Flow(mgd) 1/month Record** C. Reservoir cleaning activities that result in discharge to surface waters: Item or Parameter Minimum. Fretue cy Type o armple Effluent Flow(mgd) per event Estimate Settleable Solids per event Grab Total Residual Chlorine (mg/1) per event Grab • pH per event Grab * The samples shall be collected at the overflow of the settling pond or other treatment device during a filter backwash cycle. If the filters are backwashed at a frequency less than 2/month, the data shall be collected during the time backwash occurs. If the settling pond does not overflow during the backwash cycle but is drained or pumped after settling has occurred,the data shall be collected during the draining or pumping. ** Flow should be recorded on a per event basis and only the monthly average of these events should be reported in the annual tabulation. *** Monitoring for total residual chlorine is to be conducted only if chlorinated water is used for backwashing. 2. Reporting Requirements Monitoring data shall be recorded each month. An annual tabulation of the data shall be submitted to the appropriate DEQ Regional Office by January 15 of each year. In addition, any violation of permit conditions shall be reported within five (5) days of discovery along with an explanation and correction plan. - • Permit Number: 200-J Page: 4 of 10 SCHEDULE D SPECIAL CONDITIONS 1. Solids, sludges, dirt, sand, silt and bacterial slime removed from the filters, settling basins, and reservoirs shall be disposed of in a manner that will prevent discharge to public waters and nuisance conditions. 2. The Department may revoke a general permit as it applies to any person and require such person to apply for and obtain an individual NPDES permit if: a. The permitted source or activity is a significant contributor of pollution or causes environmental problems; b. The permittee is not in compliance with the terms and conditions of this general permit; or c. Conditions or standards have changed so that the source or activity no longer qualifies for a general permit. 3. Any permittee not wishing to be covered or limited by this general permit may make application for an individual NPDES permit in accordance with the procedures in OAR 340-45-030. Permit Number: 200-J Page: 5 of 10 SCHEDULE F NPDES GENERAL CONDITIONS SECTION A. STANDARD CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of Oregon Revised Statutes (ORS) 468B.025 and is grounds for enforcement action; for permit termination, suspension, or modification; or for denial of a permit renewal application. 2. Penalties for Water Pollution and Permit Condition Violations Oregon Law (ORS 468.140) allows the Director to impose civil penalties up to $10,000 per day for violation of a term, condition, or requirement of a permit. Under ORS 468.943, unlawful water pollution, if committed by a person with criminal negligence, is punishable by a fine of up to $25,000 or by imprisonment for not more than one year, or by both. Each day on which a violation occurs or continues is a separately punishable offense. Under ORS 468.946, a person who knowingly discharges, places or causes to be placed any waste into the waters of the state or in a location where the waste is likely to escape into the waters of the state, is subject to a Class B felony punishable by a fine not to exceed$200,000 and up to 10 years in prison. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in • violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. In addition, upon request of the Department, the permittee shall correct any adverse impact on the environment or human health resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and have the permit renewed. The application shall be submitted at least 180 days before the expiration date of this permit. The Director may grant permission to submit an application less than 180 days in advance but no later than the permit expiration date. 5. Permit Actions This permit may be modified, suspended, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any term, condition, or requirement of this permit, a rule, or a statute; b. Obtaining this permit by misrepresentation or failure to disclose fully all material facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. The filing of a request by the permittee for a permit modification or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 6. Toxic Pollutants The permittee shall comply with any applicable effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 7. Property Rights The issuance of this permit does not convey any property rights of any sort, or any exclusive privilege. 8. Permit References Except for effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act, all rules and statutes referred to in this permit are those in effect on the date this permit is issued. lie • ' t • Lap U_h.0 I ' • I • •or • 1. Proper Operation and Maintenance Permit Number: 200-J Page: 6 of 10 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper.operation and maintenance also includes adequate laboratory controls, and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Duty to Halt or Reduce Activity For industrial or commercial facilities, upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production or all discharges or both until the facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced or lost It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in ordei to maintain compliance with the conditions of this permit. 3. Bypass of Treatment Facilities a. Definitions (1) "Bypass" means intentional diversion of waste streams from any portion of the treatment facility. The term "bypass" does not include nonuse of singular or multiple units or processes of a treatment ' works when the nonuse is insignificant to the quality and/or quantity of the effluent produced by the treatment works. The term bypass" does not apply if the diversion does not cause effluent limitations to be exceeded, provided the diversion is to allow essential maintenance to assure efficient operation. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities or treatment processes which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Prohibition of bypass. (1) Bypass is prohibited unless: (a) Bypass was necessary to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (c) The permittee submitted notices and requests as required under General Condition B.3.c. (2) The Director may approve an anticipated bypass, after considering its adverse effects and any alternatives to bypassing, when the Director determines that it will meet the three conditions listed above in General Condition B.3.b.(1). c. Notice and request for bypass. (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior written notice, if possible at least ten days before the date of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in General Condition D.S. 4. Dlant a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent Iimitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. b. Effect of an upset. Art upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of General Condition B.4.c are met. No determination made during administrative review of clams that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) Ad upset occurred and that the permittee can identify the causes(s)of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in General Condition D.5, hereof(24-hour notice); and (4) The permittee complied with any remedial measures required under General Condition A.3 hereof. Permit Number: 200-J Page: 7 of 10 • d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Treatment of Single Operational Event For purposes of this permit, A Single Operational Event which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. A single operational event is an exceptional incident which causes simultaneous, unintentional, unknowing (not the result of a knowing act or omission), temporary noncompliance with more than one Clean Water Act effluent discharge pollutant parameter. A single operational event does not include Clean Water Act violations involving discharge without a NPDES permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. Each day of a single operational event is a violation. 6. Overflows from Wastewater Conveyance Systems and Associated Pump Stations a. Definitions (1) "Overflow" means the diversion and discharge of waste streams from any portion of the wastewater conveyance system including pump stations, through a designed overflow device or structure, other than discharges to the wastewater treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the conveyance system or pump station which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of an overflow. (3) "Uncontrolled overflow" means the diversion of waste streams other than through a designed overflow device or structure, for example to overflowing manholes or overflowing into residences, commercial establishments, or industries that may be connected to a conveyance system. b. Prohibition of overflows. Overflows are prohibited unless: (1) Overflows were unavoidable to prevent an uncontrolled overflow, loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the overflows, such as the use of auxiliary pumping or conveyance systems, or maximization of conveyance system storage; and (3) The overflows are the result of an upset as defined in General Condition B.4. and meeting all requirements of this condition. c. Uncontrolled overflows are prohibited where wastewater is likely to escape or be carried into the waters of the State by any means. d. Reporting required. Unless otherwise specified in writing by the Department, all overflows and uncontrolled overflows must be reported orally to the Department within 24 hours from the time the permittee becomes aware of the overflow. Reporting procedures are described in more detail in General Condition D.5. 7. Publicyotification of Effluent yjklatignisar If effluent limitations specified in this permit are exceeded or an overflow occurs, upon request by the Department, the permittee shall take such steps as are necessary to alert the public about the extent and nature of the discharge. Such steps may include, but are not limited to, posting of the river at access points and other places, news releases, and paid announcements on radio and television. 8. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in such a manner as to prevent any pollutant from such materials from entering public waters, causing nuisance conditions, or creating a public health hazard. SECTION C, MONITORING AND RECORDS Representative Sampling Sampling and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and shall be taken, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Director. 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than ± 10 percent from true discharge rates throughout the range of expected discharge volumes. Permit Number: 200-J Page: 8 of 10 3. Monitoring Procedures Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit. 4. Penalties of Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fuse of not more than $10,000 per violation, or by imprisonment for not more than two years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person, punishment is a fine not more than$20,000 per day of violation, or by imprisonment of not more than four years or both. 5. Reporting of Monitoring Results Monitoring results shall be summarized each month on a Discharge Monitoring Report form approved by the Department. The reports shall be submitted monthly and are to be mailed, delivered or otherwise transmitted by tl :•• 15th day of the following month unless specifically approved otherwise in Schedule B of this permit. • 6. Additional Monitoring by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report. Such increased frequency shall also be indicated. For a pollutant parameter that may be sampled more than once per day (e.g., Total Chlorine ResiduaI), only the average daily value shall be recorded unless otherwise specified in this permit. 7. Averaging of Measurements Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean, except for bacteria which shall be averaged as specified in this permit. 8. RetentiorLof Records Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR part 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records of all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 9. Records Contents Records of monitoring information shall include: a. The date, exact place, time and methods of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 10. Inspection and Entry The permittee shall allow the Director, or an authorized representative upon the presentation of credentials to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d. Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by state law, any substances or parameters at any location. SECTION D. REPORTING REQUIREMENTS 1. Planned Changes The permittee shall comply with Oregon Administrative Rules (OAR) 340, Division 52, "Review of Plans and Specifications". Except where exempted under OAR 340-52, no construction, installation, or modification involving disposal systems, treatment works, sewerage systems, or common sewers shall be commenced until the plans and specifications are submitted to and approved by the Department. The permittee shall give notice to the Department as soon as possible of any planned physical alternations or additions to the permitted facility. Permit Number: 200-J Page: 9 of 10 2. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 3. Transfers This permit may be transferred to a new permittee provided the transferee acquires a property interest in the permitted activity and agrees in writing to fully comply with all the terms and conditions of the permit and the rules of the Commission. No permit shall be transferred to a third party without prior written approval from the Director. The permittee shall notify the Department when a transfer of property interest takes place. 4. Compliance Schedule Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Any reports of noncompliance shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements. 5. Twenty-Four Hour Reporting • The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally (by telephone) within 24 hours, unless otherwise specified in this permit, from the time the permittee becomes aware of the circumstances. During normal business hours, the Department's Regional office shall be called. Outside of normal business hours, the Department shall be contacted at 1-800-452-0311 (Oregon Emergency Response System). A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the permittee is establishing an affirmative defense of upset or bypass to any offense under ORS 468.922 to 468.946, and in which case if the original reportingnotice was oral, delivered written notice must be made to the Department or other agency with regulatory jurisdiction within 4 (four) calendar days. The written submission shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and e. Public notification steps taken, pursuant to General Conditton13.7. The following shall be included as information which must be reported within 24 hours under this paragraph: a. Any unanticipated bypass which exceeds any effluent limitation in this permit. b. Any upset which exceeds any effluent limitation in this permit. c. Violation of maximum daily discharge limitation for any of the pollutants listed by the Director in this permit. The Department may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 6. Other Noncompliance The permittee shall report all instances of noncompliance not reported under General Condition D.4 or D.5, at the time monitoring reports are submitted. The reports shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times; c. The estimated time noncompliance is expected to continue if it has not been corrected; and d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence-of the noncompliance. 7. Duly to Provide Information The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit. Other Information: When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the Department, it shall promptly submit such facts or information. 8. Signatory Requirements All applications, reports or information submitted to the Department shall be signed and certified in accordance with 40 CFR 122.22. 9. Falsification of Reports Permit Number: 200-J Page: 10 of 10 • Under ORS 468.953, any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance, is subject to a Class C felony punishable by a fine not to exceed $100,000 per violation and up to 5 years in prison. 10. Changes to Indirect Dischargers - [Applicable to Publicly Owned Treatment Works (POTW) only] The permittee must provide adequate notice to the Department of the following: a. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of the Clean Water Act if it were directly discharging those pollutants and; b. Any substantial change in the volume or character of pollutants being introduced into the POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. c. For the purposes of this paragraph, adequate notice shall include information on (i) the quality and quantity of effluent introduced into the POTW, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. 11 Changes to Discharges of Toxic Pollutant - [Applicable to existing manufacturing, commercial, mining, and silvicultural dischargers only] The permittee must notify the Department as soon as they know or have reason to believe of the following: a, That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels: (1) One hundred micrograms per liter(100 µg/I); (2) Two hundred micrograms per liter (200 µg/I) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or (4) The level established by the Department in accordance with 40 CFR 122.44(f). b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) Five hundred micrograms per liter (500 1.1g/1); (2) One milligram per hter(1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 122.21(g)(7); or (4) The level established by the Department in accordance with 40 CFR 122.44(f). SECTION E. DEFINITIONS 1. BOD means five-day biochemical oxygen demand. 2. TSS means total suspended solids. 3. mg/I means milligrams per liter. 4. k means kilograms. 5. m /d means cubic meters per day. 6. MGD means million gallons per day. 7. Composite sample means a sample formed by collecting and mixing discrete samples taken periodically and based on time or flow. 8. FC means fecal coliform bacteria. 9. Technology based permit effluent limitations means technology-based treatment requirements as defined in 40 CFR 125.3, and concentration and mass load effluent limitations that are based on minimum design criteria specified in OAR 340-41. 10. CBOD means five day carbonaceous biochemical oxygen demand. 11. Grab sample means an individual discrete sample collected over a period of time not to exceed 15 minutes. 12. Quarter means January through March, April through June,July through September, or October through December. 13. Month means calendar month. 14. Week means a calendar week of Sunday through Saturday. 157 Total residual chlorine means combined chlorine forms plus free residual chlorine. 16. The term "bacteria" includes but is not limited to fecal coliform bacteria, total coliform bacteria, and E. coli bacteria. 17. POTW means a publicly owned treatment works APPENDIX L LAKE OSWEGO TIGARD WATER TREATMENT PLANT HAZARDOUS MATERIALS MANAGEMENT PLAN G, Lake Oswego •Tigard ( ) M VIER Water Partnership sharing water•connecting communities Lake Oswego - Tigard Water Treatment Plant Hazardous Materials Management Plan Draft Rev 2.0 I July 2013 Confidential This document was prepared solely for use by public safety first responders and plant operations staff. Disclosure of the Revision Schedule information contained in Revision No. Date Description Prepared By Reviewed By Approved By this plan or use of this plan 1 3/11/2013 LOWTP comments A.Peters J.Grounds J.Grounds for purposes other than addressed those intended, should be 2 7/12/2013 TVF&R's fire safety/code consultant's comments Q. Deng A. Peters J.Grounds avoided and the City of addressed Lake Oswego and Tigard 3 4 accept no liability or responsibility for use of this document by persons Plan Holder List other than public safety Version Date Issued Name Agency officials and plant operations staff. This Plan was reviewed by , of TVF&R and satisfies all applicable regulations, including compliance with applicable state regulations governing the handling of hazardous materials. This page left intentionally blank 0 0 Lake Oswego •Tigard , Water Partnership {C$ MllWWH, sharing water•connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page i TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 FACILITY DESCRIPTION 1 3.0 HAZARDOUS MATERIALS INVENTORY 2 4.0 HAZARDOUS MATERIALS OPERATION PLAN 4 4.1 Separation, Secondary Containment, and Waste Disposal 4 4.2 Chemical Deliveries 5 4.3 Chemical Storage Areas 6 4.4 Chemical Piping 6 4.5 Specific Considerations for LOX and Ozone 6 5.0 HAZARDOUS MATERIALS EMERGENCY RESPONSE PLAN 8 6.0 RECORDKEEPING 10 Appendices Appendix A Facility Description A-1 Figure 1 Location and Vicinity Map A-2 Figure 2 Site Plan A-3 Figure 3 Chemical Building Plan A-4 Figure 4 Mechanical Dewatering Building Plan A-5 Appendix B Hazardous Materials Inventory Statement B-1 Table 1 Hazardous Materials Inventory Statement Summary Report B-1 Table 2 Hazardous Materials Inventory Statement Inventory Report B-2 O. Lake Oswego •Tigard Water Partnership MWFI shoring water connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 1 1.0 Introduction The primary purpose of this Hazardous Materials Management Plan (HMMP) is to provide information to interested regulatory agencies concerning the storage, handling and emergency response procedures for chemicals used in the Lake Oswego-Tigard Water Treatment Plant (LOT WTP). Secondly, this is for the benefit of the plant staff for operation and management purposes. The basis of this HMMP can be found in Appendix H of the 2012 Oregon Fire Code or International Fire Code (Appendix C).The HMMP includes the following elements: • Facility Description • Hazardous Materials Inventory • Hazardous Materials Operation Plan • Emergency Response Plan • Facility Description, Facility Map and Chemical Storage Area Plan (Appendix A) • Hazardous Materials Inventory Statement (HMIS) Summary and Inventory Report (Appendix B) • Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions (Appendix C) 2.0 Facility Description The Lake Oswego-Tigard Water Supply Partnership (Partnership) was formerly endorsed in August 2008, to develop a reliable potable water supply which will serve both communities for decades. The existing treatment facility has been owned and operated by the City of Lake Oswego for more than 40 years. The facility is located at 4260 S.W. Kenthorpe Way in West Linn, Oregon (Figure 1). As part of the proposed water supply system by the Partnership, the existing WTP will be expanded to an ultimate capacity of 38 mgd. This capacity is expected to be available to both Lake Oswego and Tigard in 2015. Proposed operations at the facility will include ballasted flocculation, clarification, ozonation, filtration, and residuals/solids treatment and disposal. In general, the facility includes an Administration/Operations building with a water chemistry laboratory; flocculation basins, sedimentation basins, ozone contact/generator units, and filtration units; sludge treatment lagoons; wash water equalization basin; gravity thickeners; mechanical dewatering building; chemical storage tanks; chemical feed facilities; hazardous materials storage areas; an above-ground double-walled diesel fuel storage tank and a standby generator facility. General layout of the facility is shown on Figure 2. Access to the facility is restricted to authorized employees at all times, and visitors must be escorted by employees. Hazardous materials used generally include liquid oxygen, ozone, diesel fuel, sodium hypochlorite, alum, polymer, calcium thiosulfate, and caustic soda. Hazardous wastes that will likely be generated at LOT WTP include waste solvent, mixed waste oil, and waste paint thinner. NOTE: This draft HMMP only includes hazardous materials that are known to be used in the processes. f, Lake Oswego •Tigard Water Partnership {;r' MWH. sharing water•connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 2 Information on the hazardous wastes will be completed as part of the final HMMP following construction. 3.0 Hazardous Materials Inventory The hazardous materials identified at the LOT WTP are summarized in Table 1. Locations where these hazardous materials are stored are included in figures in Appendix A. Detailed Hazardous Material Inventory Statement (HMIS) Summary and Inventory Reports are included in Appendix B. 0 0 Lake Oswego •Tigard , Water Partnership {:: MWH. sharing ware'•connecting cor munrties Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 3 Table 1. Summary of Hazardous Materials,Lake Oswego &Tigard Water Treatment Plant Storage Chemical CAS # Fire Code Maximum Location Hazard Class Quantity Calcium Thiosulfate 10124-41-1 Corrosive 825 gal Liquid Alum 10043-01-3 Corrosive 12,200 gal Secondary Coagulant (Aluminum Chlorohydrate 1327-41-9 Corrosive 6,100 gal or Polyaluminum Chloride) Corrosive Sodium Hypochlorite 7681-52-9 12,200 gal Chemical Oxidizing (1) Building Corrosive Caustic Soda 1310-73-2 12,200 gal Water Reactive (1) 250 lb (dry); Ballasted Floc Polymer Proprietary Corrosive 400 gal (solution) 150 lb (dry); Filter Polymer Aid/Thickener Proprietary Corrosive 200 gal ymer (solution) Chemical Ozone Building (Ozone 10028-15-6 Highly Toxic; 1,120 lbs/day Generator (Generated On-Site) Oxidizing Room) Ozone Highly Toxic; Contactor Area Ozone 10028-15-6 Oxidizing 1,120 lbs/day Mechanical 250 lb (dry); Dewatering MechanPol Dewatering Proprietary Corrosive 400 gal Building y (solution) LOX Storage Cryogenic Area Liquid Oxygen 7782-44-7 Oxidizing 12,000 gal Combustible Generator Area Diesel fuel #2 68476-34-6 Liquid (Class II, 800 gal Carcinogen) 0 0 Lake Oswego •Tigard , Water Partnership {:: MINH. sharing ware,•connecting cot munrties Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 4 4.0 Hazardous Materials Operation Plan 4.1 Separation, Secondary Containment, and Waste Disposal The hazardous material storage areas at the LOT WTP will be separated depending on their compatibilities and reactivity. And secondary containment will be provided for these materials to further mitigate the risk of potential spill or contamination. Table 2 summarizes the operational measures to minimize any potential emergency. Further considerations are given to the various chemicals used in the plant treatment processes. The chemical operation plan is detailed in the following sections. Table 2. Separation, Secondary Containment, Monitoring and Waste Disposal Stora e Chemical Secondary Monitoring Monitoring Waste g Containment Frequency Disposal Location Calcium Thiosulfate Licensed Calcium Containment Visual Inspection 3X Daily Waste Thiosulfate Area Hauler Visual Inspection; 3X Daily; Liquid Alum West Side Low Level Alarm Continuous Licensed Containment Waste Area Visual Inspection; 3X Daily; Hauler Secondary Low Level Alarm Continuous Coagulant Chemical Visual Inspection; 3X Daily; Building Sodium East Side Low Level Alarm Continuous Licensed Hypochlorite Containment Waste Area Visual Inspection; 3X Daily; Hauler Caustic Soda Low Level Alarm Continuous Visual Inspection; 3X Daily; Ballasted Floc Low Level Alarm Continuous Polymer Polymer Licensed Containment Waste Filter Area Visual Inspection; 3X Daily; Hauler Aid/Thickener Low Level Alarm Continuous Polymer 0 0 Lake Oswego •Tigard , Water Partnership {C:. MWH sharing water•connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 5 Table 2. Separation, Secondary Containment, Monitoring and Waste Disposal (Continued) Secondary Monitoring Waste Storage Chemical Containment Monitoring Frequency Disposal Location N/A Visual Inspection; Pressure/ (Fully Temperature/Flow 3X Daily; Ozone Rate/Ambient Air N/A Generator Ozone Contained Continuous Room Specialized Ozone Reactor) Concentration Sensors N/A Visual Inspection; Ambient Air (Sealed Reactor 3X Daily; Ozone N/A Ozone Ozone with Off-Gas Continuous ContactorDestruct Concentration System) Sensors Polymer Visual Inspection; 3X Daily; Licensed Mechanical Mechanical Y p Waste Dewatering Dewatering Containment Low Level Alarm Continuous Hauler Building Polymer LOX Double-wall Visual Inspection; 3X Daily; N/A Storage Area Liquid Oxygen Tank Leak Detection Continuous Double-wall Visual Inspection; 3X Daily; Waste Generator Diesel fuel #2 Tank Leak Detection Continuous Hauler Area 4.2 Chemical Deliveries The Chemical Building is located near the center of the plant site, within the secure area and a contained perimeter. Chemicals are delivered via tank trucks to permanent chemical storage tanks within the Chemical Building. The chemical fill station is located directly adjacent to the Chemical Building in a covered area enclosed on two sides. This allows easy drive-thru access for delivery trucks, providing protection from environmental elements such as wind and rain and facilitates containment in the unlikely event of a spill. Chemical delivery truck drivers are well trained and follow strict industry standards to ensure safe and effective transfer of chemicals. The fill station will receive bulk deliveries for the following chemicals: caustic soda, sodium hypochlorite, liquid alum, and a secondary coagulant such as aluminum chlorohydrate or polyaluminum chloride. Tank level indicators,located at the fill station,monitor the tank filling operations. The tank filling area is divided into two sub-areas: one with filling connections for acids, including the alum and secondary coagulant; and one with filling connections for bases, including the caustic soda and sodium hypochlorite. In the event of a spill, drains located in each tank filling sub-area will convey spilled chemical into the appropriate containment sump within the chemical building. These 0 Lake Oswego •Tigard Water Partnership { '' MINH. sharing water•connecting cor munines Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 6 spilled chemicals will be collected and disposed of off-site by licensed waste hauler. NOTE: The licensed waste facility and hauler will be determined following construction. This methodology for containment exceeds common safety practices for chemical fill stations and further mitigates the risk of a spill causing harm on or around the plant site. The LOX Storage Area and Generator Area are located by the drive way between Finished Water Pump Station and Ballasted Flocculation Area. LOX and diesel will be delivered by the professional suppliers and will be handled with care. 4.3 Chemical Storage Areas Inside the Chemical Building, chemical storage tanks, separated into acid and base categories depending on their relative pH and reactivity, are placed in large containment areas which further mitigate the risk of a potential spill. These containment areas are designed to hold the contents of one full tank and 20 minutes of flow from the fire suppression sprinklers, while maintaining a minimum of 6 inches of freeboard. Within each containment area, a sump with a chemical resistant pump allows chemical spills to be pumped out of the containment sump and into a tanker truck for safe transport to the appropriate disposal facility. Chemical feed pumping facilities as well as ancillary equipment related to chemical feed are also located in this same containment area mitigating the risk of minor leaks associated with the pumps or pump piping connections. 4.4 Chemical Piping Buried chemical piping outside the containment areas is double contained within both the primary chemical feed pipe and an additional pipe sleeve. Double contained chemical pipes are sloped appropriately to ensure any leaks in the pipe are ultimately contained in sumps at either end of the piping. In the event that the primary chemical feed pipe develops a leak, the leaked chemical would flow by gravity into a containment sump where sensors would trigger an alarm to plant staff indicating the issue. From there, plant staff can shut down the feed pump and isolate the section of leaking pipe to further diagnose and resolve the problem. Redundant chemical piping for key chemical systems and their associated dosing points ensures the WTP can remain online in the event of a chemical pipe failure 4.5 Specific Considerations for LOX and Ozone The ozone treatment process at the WTP consists of several highly specialized, sophisticated pieces of equipment. Each piece of equipment features control and monitoring equipment, designed to provide a safe and secure operating environment. The system can automatically detect issues and initiate immediate shut down, isolating each element of the process as needed. The key elements of the ozone system are: • Liquid oxygen (LOX) Tank • LOX vaporizers • Ozone generators • Ozone dissolution and injection equipment • Ozone contactor 0 0 Lake Oswego •Tigard , Water Partnership {:: MWH. sharing water•connecting communities Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 7 • Ozone destruct units LOX. At the WTP, LOX will be present on the site as the primary constituent for making ozone. The LOX tank features double wall construction utilizing specially formulated high-nickel stainless steel. The annular space between double walls is insulated and under vacuum to isolate the outside of the tank from the cold temperatures inside the tank. This allows the outside of the tank to be safe to touch without the risk of frostbite. The LOX tank features redundant safety valves to prevent over-pressurization during filling and redundant shut-off valves, including an emergency shut-off valve separate from any control interlocks, to isolate the tank. The LOX tank is located centrally on the site, safe within the secure perimeter. The location of the tank includes adequate distance from other structures and sufficient ventilation to prevent accumulation of oxygen in the unlikely event of a leak. The WTP is a non-smoking facility. Warning signs around the tank indicate the risk of combustion in the immediate area. Because liquid oxygen quickly vaporizes, dilutes and dissipates in the atmosphere, the increased risk of combustion rapidly decreases at short distances away from the tank itself and is minimal beyond the secure perimeter. LOX is conveyed via foam-glass insulated seamless stainless steel piping to the LOX vaporizers where it is converted to gaseous oxygen. The careful design of the LOX conveyance system and use of specific pipe materials and fittings mitigates the risk of a LOX or gaseous oxygen leak. However, in the unlikely event of a leak additional safety systems are provided to safely isolate and shutdown the LOX system. Small leaks in the LOX tank or LOX piping are easily detectible since escaping LOX will cause moisture in the area to freeze causing noticeable frost in the area of concern. More significant leaks are immediately detected via the increased speed of pressure loss from the tank. In this case the system can quickly be shut down while a more thorough inspection, diagnoses the problem and remediation can be undertaken. The gaseous oxygen conveyance piping is similar to the LOX piping, heavy wall seamless stainless steel with thoroughly tested, corrosion resistant (passivated) welded joints. No connections are allowed between the vaporizers and the ozone generation room to mitigate the risk of leaks in this piping. Ozone Generators. Using fully-contained specialized reactors, gaseous oxygen is converted to ozone within the ozone generators. These generators are located in the ozone generation room, part of the Chemical Building. The ozone generation process is monitored by numerous sensors including pressure, temperature, flow rate, and ozone concentration. Any deviation from standard operating parameters will trigger an immediate shutdown of the ozone generator. Temperatures in the ozone generators are kept cool by a continuous cooling water stream which maintains a temperature approximately between 60°F and 120°F. Inside the Ozone Generation Room, redundant ambient sensors detect elevated levels of oxygen or ozone and trigger alarms, shutting down the systems in the event of an abnormal detection. The ozone is conveyed via stainless steel piping to the ozone dissolution and injection equipment in the Ballasted Floc/Ozone gallery. Similar oxygen and ozone sensors in this gallery can trigger alarms and shutdown ozone systems if needed. Both areas feature additional ventilation systems that can rapidly bring outside air in, diluting and venting ozone or oxygen gas harmlessly to the atmosphere. These 0 0 Lake Oswego •Tigard , Water Partnership {:: MWH. sharing water•connecting cor munrties Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 8 ventilation systems are triggered automatically by the sensors but can also be manually initiated via emergency stop buttons located near the building exits at each location. Ozone is readily identifiable by smell and can be detected by people at levels well below the human health and safety standard. Operations staff are trained to be alert and aware of increased levels of ozone in the gallery or generator areas and can manually initiate the emergency stop procedures if needed. Ozone Contactor. The ozone is dissolved in the water stream and allowed time to react with the process water stream inside of the Ozone Contactor. The Ozone Contactor is sealed to prevent gas from escaping. It is also kept under constant vacuum pressure to actively draw out any ozone gas present in the headspace between the water surface and the sealed lid of the contactor. The vacuum pressure is provided by the Ozone Destruct Unit blowers which employ a thermal catalytic reaction using magnesium dioxide to ensure the complete conversion of ozone back to oxygen before it is vented harmlessly to the atmosphere through vents in the chemical building roof. Monitoring equipment on the Ozone Destruct Unit exhaust ensures all ozone is destroyed before leaving the building.Any reading above acceptable set points immediately shuts down the ozone system. 5.0 Hazardous Materials Emergency Response Plan This Hazardous Materials Emergency Response Plan (HMERP) is developed for hazardous materials spill or emergency and part of the HMMP. There is a stand-alone ERP for the entire water system. The HMERP provides the procedures for LOT WTP employees to follow in the event of an emergency and reporting requirements for hazardous materials release. The facility will be operated and maintained to minimize the risk of hazardous materials spills, fires/explosions, and other emergencies. The Emergency Coordinator and Alternate Emergency Coordinator for the LOT WTP are: Emergency Coordinator Alternate Emergency Coordinator Kari Duncan Kevin Batridge Day: (503) 635-0394 Day: (503) 635-0394 Night: (503) 701-2978 Night: (503) 869-2792 The Emergency Coordinator (or Alternate Emergency Coordinator) is responsible for the following: During an Emergency Related to Hazardous Materials • Coordinating all emergency response actions at the facility; • Being familiar with the facility operations and having full access to the facility; • Being available on a 24-hour basis; • Identifying the character, exact source, quantity, and area extent of any released hazardous materials; • Assessing possible hazards to human health or the environment that may result from the emergency. This assessment shall consider both direct and indirect effects (e.g., the effects of Lake Oswego •Tigard Water Partnership IMAM sharing water•connecting commanmes Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 9 any hazardous, irritating, or asphyxiating gases that are generated, the effects of any hazardous surface water run-off or chemical agents used to control fire, etc.); • Notifying Tualatin Valley Fire & Rescue (TVF&R) — the designated hazardous materials responder for assistance. • Notifying the appropriate local authorities (e.g., "911") to request assistance (unless "911" had been previously called by another employee), and being available to assist in deciding whether local communities should be evacuated; • Shutting down the gas and water supply or other utilities, or delegating another employee to do so during emergency situations; • Notifying appropriate LOT WTP personnel outside the facility and other agency personnel of the emergency; • Monitoring for leaks, pressure build-up, gas generation or ruptures in valves, pipes, or other equipment shut down in response to the incident; • Taking all reasonable measures necessary to minimize the potential for fires, explosions, and releases from occurring,recurring, or spreading to other areas at the facility; • Activating internal facility communication systems to notify facility employees; and requesting evacuation (as appropriate); • Accounting for all employees following a facility evacuation; Following an Emergency Before facility operations are resumed in areas of the facility affected by the incident, the Emergency Coordinator (or Alternate Emergency Coordinator) is responsible for the following: • Conducting re-entry inspections following facility evacuations and requesting assistance from TVF&R in making these inspections, as needed; • Providing for proper storage and disposal of recovered waste, contaminated soil or surface water, or any other material that results from an explosion, fire, or release at the facility; • Ensuring that no material that is incompatible with the released material is transferred, stored, or disposed of in areas of the facility affected by the incident until cleanup procedures are completed; • Ensuring that all emergency equipment is cleaned, fit for its intended use, restocked, and available for use; • Informing TVF&R that the facility is in compliance with the requirements above regarding proper storage and disposal of recovered waste, and that no material that is incompatible with the released material was transferred, stored, or disposed of in areas of the facility affected by the incident until the cleanup procedures were completed. 0 0 Lake Oswego •Tigard , Water Partnership {:: MWH. sharing water•connecting cor munrties Hazardous Materials Management Plan-DRAFT Rev 1.0 Page 10 Non-Emergency Responsibilities • Contacting emergency service providers for the purpose of pre-emergency coordination, and modifying this Management Plan with any arrangements agreed to by local response agencies to coordinate emergency services; • Ensuring the testing, maintenance, and inspections of emergency response equipment at the facility, and replacement of equipment following the use or malfunction of any equipment; • Contacting the licensed waste hauler to remove routinely-generated hazardous wastes from the site. The pickups shall be made at least every 90 days to comply with Local, State, Federal hazardous waste regulations; • Posting evacuation maps at several locations at the LOT WTP. If the evacuation route or reassembly area are changed,new maps shall be immediately posted; • Maintaining copies of records, permits, inspection records, employee training records, and chemical inventory records pertaining to the facility. 6.0 Recordkeeping The Emergency Coordinator (or Alternate Emergency Coordinator) is responsible for maintenance of the following records: • Records of inspection of hazardous materials/waste storage areas. Weekly inspections are conducted for areas where hazardous wastes are stored. • Maintenance of a copy of this management plan (including the Emergency Response Plan) at the facility. • Reportable/recordable accidental releases of hazardous materials (including wastes) • Copies of Underground Storage Tank Unauthorized Release/Contamination Site Report submitted to the County, and reports submitted to the OR/EPA for hazardous waste releases if underground storage tank is installed at the facility in the future. Lake Oswego •Tigard Water Partnership IMAM sharing water•connecting commanives Hazardous Materials Management Plan-DRAFT Rev 1.0 Page A-1 Appendix A Facility Description 1. Business Name: Lake Oswego-Tigard Water Treatment Plant Phone: (503) 635-0394 Address: 4260 SW Kenthorpe Way,West Linn, Oregon 97068 2. Person Responsible for the Business Name Title Phone Kari Duncan Plant Manager (503) 635-0394 3. Emergency Contacts: Name Title Mobile Number Work Number Kari Duncan Plant Manager (503) 701-2978 (503) 635-0394 Kevin Batridge Assistant Plant Manager (503) 869-2792 (503) 635-0235 4. Person Responsible for the Application/Principal Contact: Name Title Phone Kevin Batridge Assistant Plant Manager (503) 635-0235 5. Principal Business Activity: Operations at this water treatment facility include ballasted flocculation, clarification, ozonation, filtration, and sludge treatment and disposal for the purposes of providing potable water. 6. Number of Employees: 8-12 7. Number of Shifts: 2 a. Number of Employees per Shift 3-4 8. Hours of Operation: 18-24 hours daily 9. Facility Location Map and Site Plan: See attached Figure 1 and Figure 2 10. Chemical Storage Area Plan: See attached Figure 3 and Figure 4 Lake Oswego •Tigard Water Partnership (' ,, MIMI sharing water•connecting communities A I B I C I D I E F I G H I J K L M N O P 10 10 9 STORK" 9 •"," NI `LAKE OSWEGOV �/ .,;�'�e� ` i�''♦!t.igt �y � �# — coLUMe� �0 ••ijjew dam• , `• •♦�, •tDl r HILLBEAVER l¢� ,f�. P.1 f I •rRTLANr_ �� I PrI� RN\ S Y .�'�O • aAY ,`'\ • \ KENTHORPE WAY IA ' 5e *...# i z rs • ►1 BEAVERTONo ct-.�a� o7HEDALLES LAKE OSWEGO-TIGARD WTP .♦ C. ° .� w,,�!�r 8 ' �l �IIII 1 - t,,. •�♦�o+; po••• ♦111.0 ,1'n:': LAKE OSWEr,Oo \ 11 It 1�1 1 \-5.4,1 '..%' .41 • •� 8 TUALATINo � 1 ,,11 , ' �,!� �••1`,,�" •` \yL� ♦A TY.� �I . �,,: r ,. EMI 1 I ill '00I.****"*.: Paiti Y•. ' ‘J ` t% ,r;.:• WES INN••• -- :1 ' •te sQ N• N♦j. y " y •o",s,„14.14...:. 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U ' / • „ 1:: s, ♦ ��` OREGON CITY) MEDFORD ® tll �11l Ill•..... •`•,'� ' �� P11100 ' ,'�/ 1,. .,-!,04,71..„1,„niJ % ` a yBROOKINGS (�' ;; J �i r��.�"1 411�,1111.,- \� I� 3 LOCATION MAP VICINITY MAP 2 l 1x ./4WLake Oswego - Tigard Water Treatment Plant Eg Location and Vicinity Map Figure 1 11 4260 SW Kenthorpe Way West Linn, Oregon AIBICIDIE F G H I J K L M N O P