On the agenda: Hermiston packet — data center (Sep 14)

CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 14, 2026
COUNCIL CHAMBERS - 180 NE 2ND ST.
Meetings are always open to the public in-person. Other ways of viewing or participating in live
meetings are as follows:
View live meetings on YouTube at: https://bit.ly/HermistonYouTube
To participate in live meetings through Zoom, registration is required no later than 8am the day
of the meeting by emailing [email protected] and providing participants full name and
place of residence. The City Recorder will respond to sender with Zoom meeting details prior
to the start of the meeting.
Submit written electronic comments to [email protected] .
For written comments to be part of the official record, sender must provide their full name and
place of residence and comments must be received within the time frame given for the item
under discussion. The City Recorder will respond/confirm to sender that their electronic
comment was received and will be made part of the record; or, if their electronic comment is
not able to be made part of the record, the City Recorder will respond to the sender and state
the reason(s) why.
1. CALL REGULAR MEETING TO ORDER – 7:00 PM
2. DECLARATION OF QUORUM
3. FLAG SALUTE
4. PRESENTATIONS AND RECOGNITIONS
A. Presentation- Flag Retirement Box from Thomas Greenough with Boy Scout Troop
654
B. Recognition- Building Inspector Heaven Doherty Earns Building Inspector of the Year
Award
5. CITIZEN INPUT ON NON-AGENDA ITEMS
Anyone wishing to bring anything before the council that is not on the agenda is asked to
please do the following: 1. Please limit comments to not more than FIVE minutes; 2. State
your name and place of residence; 3. Direct your comments to the Chair.
6. CONSENT AGENDA

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A. Liquor License Application Recommendation- Grocery Outlet, 1875 N 1st Street, Suite
E.
B. Committee Vacancy Announcement
C. Minutes of the August 24th City Council Regular Meeting
7. ITEMS REMOVED FROM CONSENT AGENDA
8. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 2385 – Amend Article V of Chapter 33 titled Initiative and Referendum
B. Resolution No. 2441- Wastewater & Domestic Water Utility Agreement.
C. Resolution No. 2442- Regional Infrastructure Fund Grant Application
9. COMMITTEE REPORTS
A. City Committee and Liaison:
Airport Advisory, Budget, Hispanic Advisory, Library Board, Parks and Recreation,
Planning Commission, Recreation Projects Fund, Faith-Based Advisory, Community
Accountability, Public Safety, Public Infrastructure, Transit Planning, EOTEC, Stepping
Stones Alliance (not a City Committee), Public Finance, Sanitary Disposal & Curbside
Recycling, Vacancy Review
B. Mayor's Report
C. Council President's Report
D. Council Report
E. Manager's Report
10. ADJOURN

** AMERICANS WITH DISABILITIES ACT NOTICE**
Please contact Hermiston City Hall, 180 NE 2nd Street, Hermiston, OR 97838 (Phone No.
541-567-5521) at least 48 hours prior to the scheduled meeting time if you need an
accommodation. TTY and TDD users please call Oregon Telecommunications Relay
Service at 1-800-735-2900 or 711.

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Section 4, ItemB.

Mayor and Members of the City Council

STAFF REPORT
For the Meeting of September 14, 2026
Title/Subject
Recognition- Building Inspector Heaven Doherty Earns Building Inspector of the Year Award

Summary and Background
On an average day at work, Heaven Doherty’s pedometer hits 12,000 to 15,000 steps. Easy.
By 7 a.m., the City of Hermiston building inspector is already on the move, heading to new
construction sites and remodels across the city to make sure projects are built safely and up to
code. With Hermiston’s same-day inspection service, every request submitted before 7 a.m.
lands on Doherty’s to-do list for the day.
That can mean anywhere from 25 to 50 inspections before the day is done.
It’s a demanding pace driven by Hermiston’s continued growth. In 2025 alone, 130 new homes
were built in the city and more than $200 million in building permits were filed.
Doherty’s work keeping pace with that growth — along with her role in educating and supporting
the next generation of building professionals — recently earned her recognition as the Oregon
Building Officials Association’s Building Inspector of the Year.
The award recognizes both Doherty’s work for the City of Hermiston and her leadership through
Chemeketa Community College, where she earned her degree and served as president of the
International Code Council (ICC) Chemeketa Chapter. She is also vice president of the Eastern
Oregon Building Officials Association.
For Doherty and building inspectors like her, every inspection ultimately comes down to one
priority: Fire, Life and Safety.
Whether she is walking through a new home, apartment complex, commercial development,
data center, or remodel, she is checking that what was designed on paper is built correctly in
practice. That includes ensuring occupants have safe exits, buildings have appropriate air quality
and ventilation, and structures have the integrity necessary to protect people, especially if a
natural disaster were to put them to the test.
The work requires technical knowledge, attention to detail, and the ability to work productively
with contractors, developers, and property owners. In a city experiencing significant
development, it also requires efficiency.

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Section 4, ItemB.

Hermiston’s commitment to same-day inspections helps keep construction projects moving
ahead. Behind that service is a city Building Department tasked with balancing a growing
workload with the responsibility of making sure homes and businesses built today will be safe
for decades to come.
Doherty knew she wanted to work in a building department, and three years ago she took a
crucial step by enrolling in the building inspection program at Chemeketa Community College,
and is now helping strengthen the profession that gave her a new career in her work with the
ICC.
That effort comes at an important time. The building inspection trade is facing a looming wave
of retirements, with industry estimates projecting that as many as 80% of building inspectors will
retire within the next five years. That makes recruiting and preparing new inspectors increasingly
important for communities like Hermiston, where continued growth means the need for qualified
building professionals is only increasing.
Through her involvement with Chemeketa and organizations that support building officials,
Doherty is helping connect students and new professionals with an essential public-service
career. Her Building Inspector of the Year award puts some well-deserved attention on that work.
Every new home, business and development in Hermiston represents more than just an
investment in the community. Before anyone moves in or opens the doors, someone has to
make sure it was built safely.
For dozens of projects on any given day, that person is Heaven Doherty. And she usually has
another few thousand steps left to go.
Tie-In to Council Goals
Growing & Prosperous, Housing, and Strengthen Internal Operations
Fiscal Information
NA
Alternatives and Recommendation
For Recognition Purposes Only.
Submitted By:
City Manager Byron D. Smith

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Section 6, ItemA.

TO:
FROM:
DATE:
SUBJECT:

City Manager Byron Smith
Chief Jason Edmiston
August 24th, 2026
Liquor License Application – Grocery Outlet

After reviewing the liquor license application for Grocery Outlet located at 1875 N. 1st Street, Suite E,
Hermiston, I find nothing of substance after performing a criminal history check consistent with
established parameters utilized by the city, to deny the application submitted by Antonio Garcia.

It is my recommendation for this request to be presented to the City Council.

NOTE: I did sign the actual application form, but that is contingent upon council approval.

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Section 6, ItemA.

OREGON LIQUOR & CANNABIS COMMISSION

Local Government Recommendation - Liquor License

..

.

Annual Uquor Ucense Types

Off-Premises Sales
Limited On-Premises Sales
Full On-Premises, Caterer
Full On-Premises, Commercial
Full On-Premises, For Profit Private Club
Full On-Premises, Non Profit Private Club
Full On-Premises, Other Public Location
Full On-Premises, Public Passenger Carrier

Brewery-Public House
Brewery
Distillery
Grower Sales Privilege
Winery
Wholesale Malt Beverage & Wine
Warehouse

Section 1-Submission -To be completed by Applicant:
Legal Entity/Individual Applicant Name(s): Garcia Enterprises LLC/Antonio N Garcia
Proposed Trade Name: Hermiston Grocery Outlet
Unit:£

Premises Address: 1875 North 1st Street

Zip: 97838

County: Umatilla

City: Hermiston
Application Type:

Q New license Application

License Type: Off-Premises Sales

@ Change of Ownership Q Change of Location

D Additional Location for an Existing License
Phone:

Contact Name: Antonio N Garcia
Mailing Address: 1875 North 1st Street Suite E

State: OR

City: Hermiston

Zip: 97838

Email Address:

Please check all that apply to your proposed business operations at this location:

D Manufacturing/Production

[!] Retail Off-Premises Sales

D Retail On-Premises Sales & Consumption

If there will be On-Premises Consumption at this location:

D Indoor Consumption
D Proposing to Allow Minors

D Outdoor Consumption

Section 1 continued on next page
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Form I Page 1
Rev 10.14.24

Section 6, ItemA.

City of Hermiston
08-24-2026
Lilly Alarcon-Strong, CMC, City Recorder

X
Jason Edmiston
Chief of Police
082426

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Section 6, ItemB.

PUBLIC ANNOUNCEMENT
The City is accepting applications for the
following Committees:
1. Airport Advisory Committee (Advertised 08/20/2026)
o Position 1, with a 3-year term ending October 31, 2029
2. Budget Committee (Advertised 08/20/2026)
o Position 5, with a 3-year term ending December 31, 2029
3. Faith-Based Advisory Committee (Advertised 08/20/2026)
o Position 1 & 2, with a 3-year term ending December 31, 2029
4. Parks & Recreation Advisory Committee (Advertised 08/20/2026)
o Position 7, with a 3-year term ending October 31, 2029
5. Recreation Projects Fund Advisory Committee (Advertised 08/20/2026)
o Position 3, Representing the Parks & Recreation Committee with a 3-year term
ending December 31, 2029
o Position 4, Representing the Hoteliers with a 3-year term ending December 31, 2029

Deadline to apply for Committees: Open Until Filled
Applications and more information about these and all other City
Committee’s, Board’s, and Commission’s can be found on the City’s
website at: https://hermiston.or.us/volunteer or by using the QR
Code. Have questions or are interested in applying? Reach out to Lilly
Alarcon-Strong at: City Hall, 180 NE 2nd Street, Hermiston, at [email protected], or at 541-567-5004.

Proposed appointment(s) and confirmation(s) of these positions are made by the City Council. All
appointments to city boards and commissions shall be made in accordance with the ordinances and
city charter. Appointees shall not be full-time employees of the city, shall not be elected officials of
the city, shall not be appointed to more than two boards or commissions at a time, and shall not sell
to the city or its boards and commissions over which the council has appointive powers and budget
control either directly as a prime contractor or supplier, or indirectly as a first-tier subcontractor or
supplier. Sales shall be construed to mean sales, services or fees aggregating $20,000 or more in any
one calendar year. Preference for appointees shall be given to city residents.
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08/20/2026

Section 6, ItemC.

CITY COUNCIL

Regular Meeting Minutes
August 24, 2026
Mayor Primmer called the regular meeting to order at 7:00pm. Present were Councilors Roberts,
McCarthy, Duron, Kelso, and Barron (arrived at 7:13pm). Councilors Hayward, Myers, and Linton were
excused. City Staff in attendance included: City Manager Byron Smith, City Attorney Richard Tovey,
Finance Director Ignacio Palacios, Police Chief Jason Edmiston, Planning Director Clint Spencer, Court
Administrator Jillian Viles, Parks and Recreation Director Brandon Artz, and City Recorder Lilly AlarconStrong. The pledge of allegiance was given.
Presentation- Umatilla County Fire District #1 (UCFD1) on Measure 30-175
UCFD1 Fire Chief Scott Stanton presented information regarding Measure 30-175 (Presentation attached),
and answered questions from the Council regarding materials being released in Spanish, compression
impacts, actual population growth, and more.
(Councilor Barron arrived 7:13pm)
Councilor Roberts stated funding public safety is critically important as we want our first responders to be
there when we need them and they do a great job.
The Council thanked Fire Chief Scott Stanton for the information.
Citizen Input on Non-Agenda Items
Stacey Stanek, 330 SE Carter Dr.- Spoke regarding her support of the proposed indoor aquatic center
stating the indoor facility will bring water safety opportunities to families and those with disabilities that
are greatly needed in the area, stimulate the economy, and help the Hermiston and Pendleton Swim
Teams.
David Hanson, 1737 W Alleluia Ave.- Aske that the Council consider a motion to support Measure 30-175
and publish this support to the public, as UCFD1 is compassionate, caring, and professional.
Consent Agenda Items
Councilor Roberts asked to remove Consent Agenda Items C & D. Councilor McCarthy moved and
Councilor Duron seconded to approve Consent Agenda items A, B, & E to include:
A. Letter of Support for Stanfield and Echo TGM Grant Application
B. Minutes of the July 13th City Council Regular Meeting
E. Committee Vacancy Announcement
Motion carried unanimously with Councilors Roberts, McCarthy, Duron, Kelso, and Barron voting in favor.
Items Removed from the Consent Agenda
Councilor Roberts and Durron commented on the following errors with corrections that need to be made
which have been verified by City Recorder Alarcon-Strong:
C. Minutes of the July 27th City Council Work Session, Regular, & HURA Meetings
• Vote to continue the meeting to the August 10th meeting. The minutes say it was motioned
by Councilor McCarthy and seconded by Councilor Roberts, and that Councilor Linton and
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Section 6, ItemC.

CITY COUNCIL

Regular Meeting Minutes
August 24, 2026
Roberts voted in opposition; however, Councilor McCarthy made the motion, Councilor
Hayward seconded, and the vote passed with Councilors Kelso and Barron in opposition.
D. Minutes of the August 10th City Council Regular Meeting
• The vote for Ordinance No. 2383 the Minutes say that Councilor Linton and Roberts were in
favor; however, it should read in opposition.
• Spelling error replacing resend with rescind in Councilor Linton’s Council Comments section.
Councilor Roberts moved and Councilor McCarthy seconded to approve Consent Agenda Items C & D as
amended. Motion carried unanimously with Councilors Roberts, McCarthy, Duron, Kelso, and Barron
voting in favor.
Ordinance No. 2383- Creating LID 324
Mayor Primmer started this item was presented during the Public Hearing on July 27th and again on August
10th. The Public Hearing was closed on July 27th and, as such, no other evidence or public testimony would
be taken.
After City Attorney Tovey read the ordinance by title only, staff answered Council questions and gave
suggestions on how allocated disbursements can be distributed equitably between the five properties
with each property being credited $50,000 each, confirming that the estimates for this and other projects
come in higher but are usually completed under budget, and confirming that the City Council will review
and approve the final cost allocation.
Councilor Barron moved and Councilor McCarthy seconded to adopt Ordinance No. 2383 at a single
meeting and become effective 30-days after adoption by the City Council. Motion carried unanimously
with Councilors Roberts, McCarthy, Duron, Kelso, and Barron voting in favor.
Ordinance No. 2384- Annexation 4N2814 BC TL 602 Bounds Trust 1225 S 1st St
After City Attorney Tovey read the ordinance by title only:
• Councilor McCarthy moved and Councilor Roberts seconded to approve the findings of fact as
presented in the staff report. Motion carried unanimously with Councilors Roberts, McCarthy,
Duron, Kelso, and Barron voting in favor.
• Councilor McCarthy moved and Councilor Roberts seconded to impose conditions of approval as
presented in the staff report. Motion carried unanimously with Councilors Roberts, McCarthy,
Duron, Kelso, and Barron voting in favor.
• Councilor McCarthy moved and Councilor Kelso seconded to adopt Ordinance No. 2384 at a single
meeting and become effective 30-days after adoption by the City Council. Motion carried
unanimously with Councilors Roberts, McCarthy, Duron, Kelso, and Barron voting in favor.
July 2026 Monthly Financial Report
Councilor McCarthy moved and Councilor Roberts seconded to accept the July 2026 Monthly Financial
Report as presented (Presentation attached) by Finance Director Palacios and City Manager Smith. Motion
carried unanimously with Councilors Roberts, McCarthy, Duron, Kelso, and Barron voting inPage
favor.
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Section 6, ItemC.

CITY COUNCIL

Regular Meeting Minutes
August 24, 2026

Community Survey Report
City Manager Smith presented (Presentation attached) regarding residents’ views on their quality of life
within the City of Hermiston including many different facets of life from safety; health care and education
services offered; art, cultural, and community events; available housing and more.
Mayor Primmer stated no Council action is being requested this was presented as informational only.
Committee Reports
None given.
Mayor’s Report
Mayor Primmer spoke regarding:
• Many upcoming events that took place/are taking place in the City to include: Umatilla County Fair
and Farm-City Pro Rodeo- thanking Hermiston Police Officers and other safety agencies who
helped make these events safe and successful; MelonFest- which was very well attended; and
Ribbon Cutting at Hortencia’s on September 3rd at 11:30am.
• Thanked the Council for participating in all the City Council meetings and making hard decisions.
Council President’s Report
Council President McCarthy spoke regarding the Chamber of Commerce Resource Fair Luncheon
scheduled for tomorrow.
Council Reports
Councilor Barron asked if the City could give formal recognition to the Hermiston Softball Team.
City Manager Smith stated staff have reached out to the head coach regarding recognition at a City Council
meeting but have not heard back.
Councilor Kelso thanked all those who were involved in the Umatilla County Fair and Farm-City Pro Rodeo
stating it was the best so far, specifically the Rascal Rodeo which teaches disabled adults and kids how to
ride horses.
Councilor Roberts and Duron thanked HPD and other safety agencies who helped make the Fair a safe
event.
City Manager’s Report
City Manager Smith encouraged the Council and public to attend the City Chat scheduled for Friday,
September 4th from 11am to 1:30pm at the Food Pod.
Mayor Primmer spoke regarding how this City Chat will be a great venue to focus on perspectives of
Hermiston High School Students.
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Section 6, ItemC.

CITY COUNCIL

Regular Meeting Minutes
August 24, 2026

Recess For Executive Session
At 8:10pm Mayor Primmer announced the City Council of the City of Hermiston will now meet in Executive
Session in the Executive Session Room on the first floor for the purpose of discussing the review and
evaluation of employment-related performance of City Manager Byron D. Smith.
The Executive Session is held pursuant to ORS 192.660 (2) (i) which allows the council to meet in Executive
Session for the purpose to review and evaluate, pursuant to standards, criteria and policy directives
adopted by the governing body, the employment-related performance of the chief executive officer of
any public body, a public officer, employee or staff member unless the person whose performance is being
reviewed and evaluated requests an open hearing.
Representatives of the news media and designated staff shall be allowed to attend the executive session.
All other members of the audience are excluded. Representatives of the news media are specifically
directed not to report on any of the deliberations during the executive session, except to state the general
subject of the session as previously announced. No final decision may be made in executive session. At
the end of the executive session, the council will return to open session which the audience may attend.
The executive session will last approximately 30 minutes.
Reconvene and Consider Approval of Changes to the City Manager Employment Contract
Mayor Primmer reconvened the regular meeting at 9:04pm.
City Manager Smith reviewed his proposed contract amendments as presented (attached).
After Council discussion and questions, Councilor Kelso moved and Councilor Barron seconded to approve
City Manager Smith’s employment contract as presented. Motion carried unanimously with Councilors
Roberts, McCarthy, Duron, Kelso, and Barron voting in favor.
Adjourn
There was no other business and Mayor Primmer adjourned the regular City Council meeting at 9:08pm.
SIGNED:
ATTEST:

Doug Primmer, Mayor

_________
Lilly Alarcon-Strong, CMC, City Recorder

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Section 8, ItemA.

Mayor and Members of the City Council

STAFF REPORT
For the Meeting of August 10, 2026
Title/Subject
Ordinance No. 2385 – Amend Article V of Chapter 33 titled Initiative and Referendum
Summary and Background
The City Council is asked to consider a proposed ordinance that amends Article V of Chapter
33 of the Hermiston Municipal Code to establish a residency requirement for persons filing
initiative or referendum petitions for City measures. The amendment clarifies that a person
filing such a petition must be a resident of the City of Hermiston.
Oregon Constitution, Article IV, section 1(5), reserves the initiative and referendum powers to
the qualified voters of each municipality as to all local, special, and municipal legislation.
Section 33.60 of the Hermiston Municipal Code provides that, except as otherwise provided in
Chapter 33, the general laws of the State of Oregon concerning initiative and referendum apply
to any initiative or referendum of a City measure.
ORS 250.265 through 250.346 establish the procedures for initiative and referendum petitions
relating to city measures. Under ORS 250.265, before circulating a petition to initiate or refer a
city measure, the petitioner must file a prospective petition with the city elections officer. The
statute designates chief petitioners but does not specify residency or other qualifications for
the person filing the prospective petition.
Currently the only additional requirement related to initiatives and referendums is HMC 33.62
which establishes certain filing deadlines and procedures for initiative petitions.
Chapter 33 does not expressly identify who is qualified to file an initiative or referendum for a
City measure. ORS 250.005(2) defines "elector" as "an individual qualified to vote under
section 2, Article II, Oregon Constitution.
Requiring a person filing an initiative petition or referendum petition for a City measure to be a
resident of the City of Hermiston promotes local accountability and ensures that those seeking
to place measures on the City ballot have a direct stake in the outcome of such measures. It
will ensure that local legislation is initiated and referred by members of the community who will
be governed by the resulting enactments and who are directly affected by City policies. The
proposed resident requirement will apply only to the person filing the prospective petition with
the City elections officer, not to petition circulators or signers.
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Section 8, ItemA.

Tie-In to Council Goals
N/A
Fiscal Information
N/A
Alternatives and Recommendation
Alternatives
1. Adopt Ordinance No. 2385
2. Amend Ordinance No. 2385
3. Reject Ordinance No. 2385
Recommended Action/Motion
Motion to approve Ordinance No. 2385 as presented
Submitted By:
Richard Tovey
Byron Smith

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Section 8, ItemA.

ORDINANCE NO. 2385
AN ORDINANCE AMENDING ARTICLE V “INITIATIVE AND REFERENDUM” OF
CHAPTER 33 OF THE HERMISTON MUNICIPAL CODE
WHEREAS, Article V of Chapter 33 of the Hermiston Municipal Code is titled Initiative
and Referendum; and
WHEREAS, §33.60 of the Hermiston Municipal Code provides that, except as
provided in Chapter 33, the general laws of the state concerning initiative and referendum
apply to any initiative or referendum of a city measure; and
WHEREAS, Chapter 33 further establishes filing deadlines for initiative petitions but
nothing regarding who may file an initiative or referendum of a city measure; and
WHEREAS, the City Council finds it necessary to define the qualifications of a
petitioner to file an initiative petition or referendum of a city measure; and
WHEREAS, the City Council finds that requiring a person filing an initiative or
referendum for a city measure to be a resident of the City of Hermiston promotes local
accountability and is in the best interest of the City. Now therefore,
THE CITY OF HERMISTON ORDAINS AS FOLLOWS:
(New language is in red and underlined and repealed language has a line through it.)
Section 1. Article V of Chapter 33 of the Hermiston Municipal Code is amended as
follows:
ARTICLE V INITIATIVE AND REFERENDUM
§ 33.60 ADOPTION OF STATE LAW.
Except as provided in this chapter, the general laws and administrative rules of the state
concerning initiative and referendum shall apply to any initiative or referendum of a city
measure.
§ 33.61 FILING DEADLINE FOR INITIATIVE PETITIONS.
The date the first signature of an initiative petition is affixed shall be no later than 90 days
after the issuance of the ballot title for the measure, and the initiative petition shall be filed with
the City Recorder for certification and approval no later than 180 days after the date the first
signature on the petition has been affixed.
§ 33.62 CHIEF PETITIONERS FOR INITIATIVE, REFERENDUM TO BE ELECTORS
OF THE CITY OF HERMISTON
No petition for initiative or referendum filed with the city shall be valid unless all Chief
Petitioners are qualified electors under state law and reside within the city at the time of filing
ORDINANCE NO. 2385

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Section 8, ItemA.

and remain qualified electors and a resident of the city through the entire initiative or referendum
process, including the election.
Section 2. All other provisions of the Hermiston Municipal Code remain unchanged and in
full effect.
Section 3. The City Recorder is hereby authorized to correct any scrivener’s errors and to
conform the revisions to the Hermiston Municipal Code with appropriate numbering.
Section 4. This ordinance shall take effect on the 30th day after its adoption.

ADOPTED by the Common Council this 14th day of September 2026.
SIGNED by the Mayor this 14th day of September 2026.

____________________________________
Doug Primmer, Mayor

ATTEST:
______________________________________
Lilly Alarcon-Strong, CMC City Recorder

ORDINANCE NO. 2385

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Section 8, ItemB.

Mayor and Members of the City Council

STAFF REPORT
For the Meeting of September 14, 2026
Title/Subject
Resolution 2441: Wastewater & Domestic Water Utility Agreement.

Summary
This resolution will approve an agreement with Amazon Web Services related to wastewater &
domestic water supply.
Background
The City expanded its Urban Growth Boundary and annexed approximately 800 acres of
industrial land south of Feedville Road in January, 2026. That was preceded by approval by the
City Council in the Fall of 2025, and included extensive final findings pertaining to various utility
impacts, with work on those and presentations to Council dating back more than two years ago
to 2024.
City Council was presented with a wastewater project stemming from that work at its March 23,
2026 meeting which would install a new sewer main in Feedville Road and Highway 207. City
Council approved the project with 73.6% of the project funding coming from the company, and
the remainder coming from the City with State of Oregon financing. This agreement finalizes
the terms of the arrangement with the initial customer.
There are three overall services itemized in the agreement: Sewer, Potable Water, and NonContact Cooling Water discharge.
-

-

Potable Water: The maximum of 7,500 gallons per day (gpd) of potable water listed in
this agreement is not a significant volume which would otherwise warrant such an
agreement, and is similar to a use such as a car wash (~9,000gpd), and significantly less
than uses like an elementary school, which uses 50,000+gpd. This water is largely
intended for employee-related activities (drinking, toilet flushing, hand-washing, etc.).
Sewer Service: The maximum of 7,500gpd of sewer service listed in the agreement is
similarly not a significant volume which would not otherwise warrant such an agreement.
Temporary Non-Contact Cooling Water Discharge (NCCW): This water will be accepted
for up to two years as the company finishes an alternative discharge option outside of the
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Section 8, ItemB.

City of Hermiston’s utility. This will be cooling water that has the potential to reach
relatively large peak volumes. To address peaking issues, this agreement limits the
maximum instantaneous flow from the site to no more than 75 gallons per minute; likely
achieved by on-site storage by the company, and physically regulated by the City.
The sewer main discussed in the agreement is nearly through final design, is anticipated to be
advertised for construction this Fall, with completion anticipated in Fall ’27.
Tie-In to Council Goals
City Facilities: Public facilities that meet the community needs of today and the future
Fiscal Information
This agreement obligates the company to reimburse the City for $4,610,000 for installation of
the new sewer main.
-

-

Potable Water: The company will pay standard City of Hermiston water rates as they
exist in the future at the time of billing.
Sewer Service: The company will pay standard City of Hermiston sewer rates, including
any potential Industrial Pretreatment Program surcharges which may apply, as they
exist in the future at the time of billing.
Temporary NCCW: The City does not currently have a separate NCCW rate
established, but if one is being developed, the company will pay that rate as it exists at
the time of billing. Until that time, the company will pay standard City of Hermiston
sewer rates, including any potential Industrial Pretreatment Program surcharges, as
they exist in the future at the time of billing.

Therefore, this agreement is largely about the capital construction costs associated with the
new sewer main. Future operational rates remain within the purview of the City Council.
Alternatives and Recommendation
Alternatives
1. Approve Resolution 2441
2. Reject Resolution 2441
3. Table Resolution 2441
Recommended Action/Motion
Approve Resolution 2441
Submitted By:
Mark Morgan

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Section 8, ItemB.

RESOLUTION NO. 2441
A RESOLUTION AUTHORIZING A WATER AND WASTEWATER SERVICE
AGREEMENT WITH AMAZON WEB SERVICES AND AUTHORIZING THE CITY
MANAGER TO SIGN ON BEHALF OF THE CITY
WHEREAS, the City of Hermiston (“City”) provides water and wastewater services within
the city limits; and
WHEREAS, Amazon Data Services, Inc. (AWS") is requesting the City to provide
standard sewer service, water service, and to provide non-contact cooling water discharge service
for a temporary period; and
WHEREAS, the agreement for Water and Wastewater Service is attached and incorporated
herein; and
WHEREAS, this agreement also finalizes the arrangements for a wastewater project that
will install a new city sewer main in Feedville Road and Highway 207 with 73.6% of the project
funding coming from AWS and the remainder to be paid by the City; and
WHEREAS, the City has the capacity to provide the services in the agreement.
NOW, THEREFORE, THE CITY OF HERMISTON RESOLVES AS FOLLOWS:
1. That the Water and Wastewater Service Agreement is authorized.
2. That City Manager is hereby authorized to execute and deliver the Water and
Wastewater Service Agreement with such changes, additions, deletions and
modifications as the City Manager may approve.
3. That this resolution is effective immediately upon its passage.
PASSED by the Common Council this 14th day of September 2026.
SIGNED by the Mayor this 14th day of September 2026.

___________________________________
Doug Primmer, MAYOR

ATTEST:
_______________________________________
Lilly Alarcon-Strong, CMC, CITY RECORDER

RESOLUTION NO. 2441

Page 1 of 1
31

Section 8, ItemB.

AWS WATER AND WASTEWATER SERVICE AGREEMENT
COVER SHEET
This Water and Wastewater Service Agreement is between the Amazon Entity and the Provider
identified below (the “Parties”), is made as of the Effective Date identified below (“Effective
Date”), and includes this Cover Sheet, the Terms and Conditions, Exhibits, and any written
supplements (“Agreement”).
The Parties to this Agreement are:
Amazon Entity:

Amazon Data Services, Inc. (“AWS”)

Provider:

City of Hermiston (“Provider”)

Effective Date:

The date this Agreement is executed by both Parties.

Project:

ADS data center site known as PDX150 located east of
Highway 207 between Feedville Road and Hinkle Road,
which exact location will be confirmed by ADS in a written
notice before 1/1/2027.

Each Party’s contacts to receive notices about this Agreement are:
AWS
Amazon Data Services, Inc.
410 Terry Avenue North
Seattle, WA 98109
Email: [email protected]
Legal Notices:
410 Terry Avenue North
Seattle, WA 98109
Attention: General Counsel (AWS)
Email: [email protected],
[email protected]

Provider
City of Hermiston
180 NE 2nd Street
Hermiston, OR 97838
Legal Notices:
180 NE 2nd Street

Hermiston, OR 97838
Attention: Byron Smith, City Manager
Email: [email protected]
Copy to: Rich Tovey, City Attorney
Email: [email protected]

32

Section 8, ItemB.

Key Terms:
Table 1: Service Specifications
Potable Water

Temporary Non-Contact Cooling
Water (NCCW) Discharge Service*

Infrastructure
Design
Improvements Exhibit 1
and
Specifications:

Exhibit 1

Exhibit 1

Rate, in
gallons per
minute (GPM)
or gallons per
day (GPD):

7,500.00 /GPD

7,500.00 /GPD

75/ GPM

Pounds per
Square Inch
(PSI):**

N/A

50-70

N/A

Delivery Date:

11/05/2027

11/05/2027

11/05/2027

Provider
Service:

Sewer Service

*Temporary NCCW discharge service will have an initial term of 2 years, which can be
renewed in 1-year increments upon mutual written agreement between the Provider and AWS.
Temporary NCCW discharge will be subject to the City’s prevailing Industrial Pretreatment
Program.
** Include high and low range
Table 2: AWS Reimbursement
Provider
Service:

Sewer Service

Potable Water

Other: interim non-contact cooling water (NCCW)
discharge service

AWS
Infrastructure
Reimburseme
nt Amount:

$4,610,000.00

$0

$0

Table 3: Water Service Rates
Provider
Service:

Sewer Service

Potable Water

Temporary NCCW Discharge
Service

33

Section 8, ItemB.

Service Rate:

Billing and
Payment

The then-current rate as it
exists at the time of usage
as set in the City of
Hermiston Master Fee
Schedule found at
https://www.hermiston.go
v

The then-current rate
as it exists at the time
of usage as set in the
City of Hermiston
Master Fee Schedule
found at
https://www.hermisto
n.gov

The then-current rate as it
exists at the time of usage
as set in the City of
Hermiston Master Fee
Schedule found at
https://www.hermiston.gov

In accordance with the billing and payment terms of this Agreement.

34

Section 8, ItemB.

Agreed to by both Parties as of the Effective Date:
AMAZON DATA SERVICES, INC.

CITY OF HERMISTON

By: ____________________________________

By: ____________________________________

Name: _________________________________

Name: _________________________________

Title: __________________________________

Title: __________________________________

Date Signed: ____________________________

Date Signed: ____________________________

35

Section 8, ItemB.

AWS WATER AND WASTEWATER SERVICE AGREEMENT
TERMS AND CONDITIONS
ARTICLE 1 – WATER AND SEWER INFRASTRUCTURE
1.1

Provider Infrastructure Obligations.

(a)
Infrastructure Delivery. Provider will design, engineer, construct,
install, operate, maintain, and undertake all other work, including the securing of property rights
and easements, to deliver the Infrastructure in accordance with the Service Specifications, Good
Utility Practice, and Applicable Law.
(b)
Delivery Delay Obligations. If AWS, in its reasonable belief, or
Provider believes that the Infrastructure necessary to provide a Provider Service will not
completed by the Delivery Date indicated in Table 1, then the Provider will provide AWS with an
equivalent alternative source of such Provider Service (“Alternate Service”) beginning on the
applicable Delivery Date. Provider will bill AWS, and AWS will be required to pay, for an Alternate
Service in accordance with the rate in Table 3 of the Cover Sheet for the Provider Service it is
replacing, and any excess or additional costs associated with providing the Alternate Service will
be at Provider’s sole cost and expense. Provider will obtain any additional permits, agreements,
waivers, or permissions necessary to provide an Alternate Service.
(c)
Reporting and Inspection. Beginning on the 30th day following the
Effective Date and continuing each month through completion of construction of the
Infrastructure, the Provider will provide AWS a written report (“Monthly Report”) on the
Provider’s permitting and construction progress in the form shown in Exhibit 2. AWS may
comment on the Monthly Report, inspect progress during construction, and monitor and test for
compliance with design specifications. Provider will provide AWS and AWS’s employees and
agents physical access necessary for inspection of construction progress.
1.2

AWS Infrastructure Reimbursement Obligations.

(a)
Infrastructure Cost Reimbursement. AWS will reimburse the Provider
up to the AWS Infrastructure Reimbursement Amounts set out in Table 2 of the Cover Sheet for
actual, document and undisputed costs incurred by the Provider or its agents to design and
construct the Infrastructure, in accordance with this Section.
(b)
Cost Changes. The AWS Infrastructure Reimbursement Amounts set
forth in Table 2 may not be modified without the prior written consent of AWS.
(c)
Reimbursement Schedule. Within 30 days of the Effective Date,
Provider will deliver to AWS a schedule of estimated monthly reimbursement amounts. The
1
36

Section 8, ItemB.

schedule will show estimated reimbursement amounts, broken out by each Provider Service
indicated in Table 1 of the Cover sheet, through each applicable Delivery Date. Upon AWS’s
request, the Provider will update the schedule of estimated monthly reimbursement amounts as
the project progresses. To the extent Provider considers there are additional necessary tasks
which exceed the AWS Infrastructure Reimbursement Amounts set out in Table 2 of the Cover
Sheet, Provider shall notify AWS of such costs and the Parties will negotiate and agree any
mutually acceptable amendments to this Agreement to address any such additional necessary
tasks. AWS will not have any obligation to reimburse Provider’s costs of such additional
necessary tasks in the absence of an executed amendment to this Agreement.
(d)
Monthly Billing. On or before the 10th day of each month of the
Term, the Provider will provide AWS with an invoice of the actual costs of the Infrastructure
incurred by Provider or its agents during the preceding month and any amount in arrears. The
Provider’s invoice must include reasonable documentation acceptable to AWS showing actual
costs and expenses incurred. AWS will pay undisputed amounts owed to the Provider within 30
days of receipt of the Provider’s invoice for such amounts.
1.3
Latecomer Connection Charge. If the Provider receives a request to connect
to the Infrastructure from a Latecomer, it will provide written notice of such request to AWS
within 5 business days. For 5 years after the completion date of any Infrastructure, the Provider
will impose a connection charge from any and all Latecomers that connect to such Infrastructure
(a “Latecomer Connection Charge”) prior to allowing the Latecomer to connect to the
Infrastructure. AWS may in its sole discretion waive a Latecomer Connection Charge. Each
Latecomer Connection Charge will be calculated based on the Latecomer’s proportionate use of
the Infrastructure consistent with the Latecomer Charge Methodology. Provider will pay to AWS
the full amount of any and all Latecomer Connection Charges collected pursuant to this Section
within 30 days of receipt of funds from the Latecomer.
1.4
Provider Operation, Maintenance and Repair Obligations. The Provider will
operate and maintain, repair, and upgrade as necessary, the Potable Water System, Non-Potable
Water System and Sewer System in a manner consistent with Good Utility Practice and in
accordance with all Applicable Law.
1.5
Construction Step-In Events. If AWS reasonably believes that any or all of
the Infrastructure will not be completed by the applicable Delivery Date, and, in AWS’s
reasonable belief, the Provider is unable to provide Alternate Service by the Delivery Date, then
AWS may require Provider to provide, for AWS’s approval, its detailed plan for timely completion
of the Infrastructure (the “Recovery Plan”). If Provider fails to provide a Recovery Plan
acceptable to AWS within 20 business days, or fails to comply with an approved Recovery Plan,
to such an extent that AWS reasonably believes will result in a delay of more than 2 weeks to the
applicable Delivery Date (or such other date as may have been included in the approved Recovery
Plan), then, upon written notice to Provider, AWS may take over construction of any or all of the
Infrastructure using all or any portion of the contractors hired by Provider, or other contractors
selected by AWS (a “Construction Step-in Event”). If AWS elects to complete the Infrastructure
2
37

Section 8, ItemB.

construction with Provider’s contractors, Provider will promptly assign the relevant contracts to
AWS. All work performed by AWS with respect to a Construction Step-in Event will be in
accordance with Applicable Law and Good Utility Practice. Construction Step-in Events will be
subject to the following provisions:
(a)
Work Following Construction Step-In Event. Upon receipt of AWS’s
notice of a Construction Step-in Event, Provider will cease all work related to construction of the
Infrastructure subject to a Construction Step-in Event, terminate all contracts, except those to be
assigned to AWS or another entity as directed by AWS, and deliver to AWS the parts of the
Infrastructure completed by Provider and materials paid for by AWS prior to the Construction
Step-in Event, together with any manuals (including as-built drawings). AWS will be responsible
for the costs to complete construction of the Infrastructure subject to a Construction Step-in
Event.
(b)
Reasonable Assistance. Upon receipt of AWS’s notice of a
Construction Step-in Event, Provider will provide reasonable assistance to AWS, consistent with
the assistance it would provide to its own contractors and agents.
(c)
Property Rights & Permits. At AWS’s request, Provider will obtain all
property rights and easements necessary for AWS to construct the Infrastructure subject to a
Construction Step-in Event through whatever means necessary. AWS will reimburse the Provider
for the reasonable costs of obtaining property rights and easements. AWS will reasonably assist
Provider in acquiring property rights and easements.
(d)
Acceptance Testing. Within 10 days of AWS’s written notification of
its completion of construction of the Infrastructure subject to a Construction Step-In Event, the
Provider will promptly cause such Infrastructure to be inspected by an independent engineer
selected by the Provider and reasonably accepted by AWS (the “Independent Engineer”) and
tested for meeting the Infrastructure Design Specifications.
(e)
Turnover and Acceptance. Within 30 days of the completion of
construction of Infrastructure subject to a Construction Step-In Event, AWS will turn over, assign,
and convey to the Provider, and the Provider will accept, all real and personal property interests
related to such Infrastructure including, but not limited to, documents identifying and/or
confirming interests in real property, warranties of fitness and other performance guarantees
provided by third parties to AWS relating to all facilities, equipment and other property received
by AWS, copies of any government approvals, and as-built drawings. The Parties will work
cooperatively to transfer to the Provider any (i) governmental approvals held by AWS that, under
Applicable Law, must be held by the Provider in order for the Provider to own or operate the
Infrastructure at issue and (ii) warranty provided by contractors hired by AWS to complete the
Infrastructure being accepted by the Provider. Turnover and acceptance may be accomplished in
sections, rather than all Infrastructure at one time.

3
38

Section 8, ItemB.

ARTICLE 2 – TERM, EFFECTIVE DATE, TERMINATION
2.1

Term.

(a)
Initial Term. This Agreement will take effect on the Effective Date and
will remain in effect for 25 years (“Initial Term”).
(b)
Renewal Terms. Upon the expiration of the Initial Term, this
Agreement will renew by its own terms for successive5 year terms (each a “Renewal Term”, and
together with the Initial Term, “Term”) unless AWS provides written notice to the Provider either
at least 90 days prior to the expiration of the Initial Term or any Renewal Term that it does not
intend to renew the Agreement.
2.2

Termination.

(a)
Termination by AWS. AWS may terminate this Agreement at any time
during the Term by providing written notice to Provider at least 90 days prior to the date of such
termination. If AWS terminates this Agreement pursuant to this Section, then AWS’s sole liability
and Provider’s exclusive remedy is payment for (i) any outstanding AWS Infrastructure
Reimbursement Amounts incurred by Provider as of the termination date and (ii) any Provider
Services provided under this Agreement as of the termination date.
(b)
Termination from Closure. Provider may terminate this Agreement
upon 90 days’ prior written notice only if (i) the Project permanently ceases its data center
operations for more than 12 consecutive months and at least 3 years has passed from the
Effective Date and (ii) Provider has paid AWS all amounts due and owing under this Agreement.
ARTICLE 3 – RATES AND PAYMENTS
3.1
AWS Obligation to Pay for Provider Services. AWS will pay for the Provider
Services in accordance with the rates contained in Table 3 of the Cover Sheet.
3.2
Monthly Billing of Provider Services. The Parties’ obligations with respect to
billing, payments, disputes, and delinquencies for Provider Services will be governed by the Billing
and Payment provisions contained in Article 1 and Table 3 of the Cover Sheet.
3.3
Fair Rates. If Provider modifies its rate structure or proposes any change in
rates to AWS or AWS’s customer class, Provider will allocate all costs fairly and reasonably to
customers based on Provider’s costs of providing service to each customer class.
3.4
Measurement of Water Quantity. The Provider will install, own, operate,
and maintain one or more meters that meet all applicable accuracy, precision, and calibration
standards established by Good Utility Practice and Applicable Law. The Provider will read each
meter recording as necessary to effectuate monthly billing in accordance with this Agreement.
4
39

Section 8, ItemB.

3.5
Failure to Provide Services. Provider must provide notice to AWS at least 10
days in advance if Provider Services will be interrupted for maintenance, repairs, or other
purposes, or as soon as reasonably possible in the case of unplanned maintenance or a Force
Majeure Event,. If for any reason, Provider does not provide Provider Services for more than 24
hours, Provider will supply substitute Provider Services at no additional cost to AWS. If Provider
does not provide substitute Provider Services, AWS may provide its own substitute Provider
Services and Provider must cooperate to provide access to Infrastructure as needed for AWS to
utilize such substitute Provider Services
3.6
Taxes. Provider may charge and AWS will pay applicable national, state or
local sales or use taxes or value added taxes that Provider is legally obligated to charge (“Taxes”),
provided that such Taxes are stated on the original invoice that Provider provides to AWS and
Provider’s invoices state such Taxes separately and meet the requirements for a valid tax invoice.
AWS may provide Provider with an exemption certificate or equivalent information acceptable
to the relevant taxing authority, in which case, Provider will not charge and or collect the Taxes
covered by such certificate. AWS may deduct or withhold any taxes that AWS may be legally
obligated to deduct or withhold from any amounts payable to Provider under this Agreement,
and payment to Provider as reduced by such deductions or withholdings will constitute full
payment and settlement to Provider of amounts payable under this Agreement. Throughout the
term of this Agreement, Provider will provide Amazon with any forms, documents, or
certifications as may be required for Amazon to satisfy any information reporting or withholding
tax obligations with respect to any payments under this Agreement.
ARTICLE 4 – FORCE MAJEURE EVENT & CHANGE IN LAW
4.1
Definition. A Party will not be responsible for any delay or failure to perform
to the extent that the delay or failure to perform is caused by an event or circumstance that (a)
is beyond the reasonable control of such Party, (b) was not foreseeable at the time of execution
of this Agreement, and (c) prevents, hinders or delays such Party in its performance of any (or
any part) of its obligations under this Agreement (each, a “Force Majeure Event”). Subject to the
requirements of the prior sentence, Force Majeure Events may include acts of God, sudden
actions of the elements such as floods, earthquakes, hurricanes, or tornadoes; high winds,
lightning, ice storms or other weather event or physical natural disaster of a strength or duration
that is not normally encountered in the area of the Project; fire; sabotage; vandalism; terrorism;
war; cyber-attacks; invasion; hostilities; rebellion; revolution; requisition, expropriation or
compulsory acquisition by any governmental or competent authority; riots; explosion; blockades;
insurrection; epidemics; employment strike against a third-party; slow down or labor disruptions
(even if such difficulties could be resolved by conceding to the demands of a labor group); or
interruptions to transportation.
Under no circumstances will the following events constitute a Force Majeure
Event: (i) any acts or omissions of any third party under the control or direction of a Party,
including, without limitation, any vendor, customer, or supplier of the Party claiming a Force
Majeure Event, unless such acts or omissions themselves result from underlying Force Majeure
5
40

Section 8, ItemB.

Events; (ii) changes in economic or market conditions that affect the costs or benefits of a Party’s
performance or availability of funds to make payments due; (iii) equipment defects; or (iv) any
delay in providing, or cancellation of, any approvals by the issuing Governmental Authority unless
resulting from an underlying Force Majeure Event.
4.2
Notice and Mitigation. The Party affected by a Force Majeure Event will
promptly notify the other Party in writing of such event, giving details of the Force Majeure Event,
its anticipated effect on the affected Party’s performance under this Agreement, and the steps
that the affected Party is taking to remedy the delay. Upon the occurrence of a Force Majeure
Event, the affected Party will, as promptly as practicable, use all reasonable efforts to eliminate
the cause of such Force Majeure Event, reduce costs, and resume performance under this
Agreement. Upon cessation of a Force Majeure Event, the affected Party will provide prompt
written notice to the other Party.
4.3
Change in Law. If changes to any legal or regulatory authority materially
impact the enforceability or operation of this Agreement, the Parties will negotiate in good faith
to amend this Agreement to preserve the benefits of this Agreement to each Party; provided
that this Agreement will be enforced and implemented to the fullest extent permitted by
Applicable Law, even if no such amendment is agreed to by the Parties.
ARTICLE 5 – INDEMNIFICATION
5.1
Indemnification by the Provider. Provider will indemnify, defend, and hold
harmless Amazon and its Affiliates, and their respective directors, officers, employees,
representatives, licensees, distributors, contractors, agents successors and assigns (“the AWS
Indemnified Parties”) from and against all third party claims, demands, injuries (including
personal injury, death, and property damage) and legal proceedings and all resulting Damages,
arising or resulting from: (1) the negligence or willful conduct of Provider, or any of its officers,
employees, agents, representatives, or contractors in connection with performance of their
respective obligations under this Agreement; (2) any violation of Applicable Law arising from the
activities of Provider, or any of its officers, employees, agents, representatives, or contractors in
connection with performance of its obligations under this Agreement; (3) the failure by Provider
to fulfill any of its obligations under this Agreement; except that AWS Indemnified Parties will
not be indemnified hereunder if such Damages arise or result from the gross negligence or willful
misconduct of any AWS Indemnified Party or the unexcused breach by AWS of any of its obligations
under this Agreement.
5.2
Indemnification by Amazon. Amazon will indemnify, defend, and hold
harmless Provider and its Affiliates, and their respective directors, officers, employees,
representatives, licensees, distributors, contractors, agents successors and assigns (“Provider
Indemnified Parties”) from and against all third party claims, demands, injuries (including
personal injury, death, and property damage) and legal proceedings and all resulting Damages,
arising or resulting from: (1) the negligence or willful conduct of Amazon, or any of its officers,
employees, agents, representatives, or contractors in connection with performance of their
6
41

Section 8, ItemB.

respective obligations under this Agreement; (2) any violation of Applicable Law arising from the
activities of Amazon, or any of its officers, employees, agents, representatives, or contractors in
connection with performance of its obligations under this Agreement; (3) the failure by Amazon
to fulfill any of its obligations under this Agreement; except that Provider Indemnified Parties will
not be indemnified hereunder if such Damages arise or result from the gross negligence or willful
misconduct of any Provider Indemnified Party or the unexcused breach by Provider of any of its
obligations under this Agreement.
ARTICLE 6 – WARRANTIES AND COVENANTS
6.1
Supply Chain Standards. To the extent applicable to the Provider’s activities
in connection with the Agreement, the Provider will, and will cause its Affiliates to, comply with
the Supply Chain Standards. If any updates made to the Supply Chain Standards after the
Effective Date are unacceptable to the Provider (acting reasonably and in accordance with Good
Utility Practice), the Provider may provide written notice to AWS of the same, including a full
explanation. Following AWS’ receipt of such notice, the Parties will work together in good faith
to agree to any exceptions from the updates to the Supply Chain Standards.
6.2
Public Announcements. The Provider will not issue, or allow a third party or
Affiliate to issue, any public announcement, press release or public statement, or conduct press
tours, regarding this Agreement without AWS’s prior written consent, not to be unreasonably
withheld. AWS may issue public announcements, press releases, and statements related to this
Agreement in its sole discretion. The Provider may disclose information to third parties if such
information has already been publicly disclosed by AWS, and the Provider is directly asked to
provide such information by the third party.
ARTICLE 7 – DEFAULT AND REMEDIES
7.1
Events of Default. Any of the following actions or inactions by a Party will
constitute an “Event of Default” if such Party (the “Defaulting Party”):
(a)
Breach of Obligations. Fails to perform any material obligations or
covenants under this Agreement, which failure continues for 30 days after written notice from the
other Party (“Non-Defaulting Party”).
(b)
Insolvency. (i) Becomes insolvent or is unable to pay its debts or fails
(or admits in writing its inability) generally to pay its debts as they becomes due; (ii) makes a
general assignment, arrangement, or composition with or for the benefit of its creditors; (iii) has
instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other
relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a
petition is presented for its winding-up or liquidation, which proceeding is not dismissed, stayed,
or vacated within 30 days thereafter; (iv) commences a voluntary proceeding seeking a judgment
of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other
similar law affecting creditors’ rights; (v) seeks or consents to the appointment of an
administrator, provisional liquidator, conservator, receiver, trustee, custodian, or other similar
7
42

Section 8, ItemB.

official for it or for all or substantially all of its assets; (vi) has a secured party take possession of
all or substantially all of its assets, or has a distress, execution, attachment, sequestration, or
other legal process levied, enforced, or sued on or against all or substantially all of its assets;
(vii) causes or is subject to any event with respect to it which, under the applicable law of any
jurisdiction, has an analogous effect to any of the events specified in clauses (i) to (vi) inclusive;
or (viii) takes any action in furtherance of, or indicating its consent to, approval of, or
acquiescence in, any of the foregoing acts.
If the acting party is the Provider:
(c)
Fails to provide a Provider Service or Alternate Service by the
applicable Delivery Date.
7.2
Remedies for Event of Default. Upon the occurrence of an Event of Default
and notice to the Defaulting Party, the Non-Defaulting Party may:
(a)

Suspend performance of its obligations under this Agreement; and

(b)

Receive from the Defaulting Party direct Damages incurred by the
Non-Defaulting Party in connection with such Event of Default.

7.3
Limitation of Damages. Damages payable under this Agreement will be
limited to direct Damages. In no event will AWS be liable for Damages in excess of the sum of
the AWS Infrastructure Reimbursement Amounts set forth in Table 2. Neither Party will be liable
for indirect, special, consequential, incidental, exemplary, or punitive Damages including,
without limitation, lost profits, lost production, or lost revenues, arising out of this Agreement,
except to the extent resulting from a Party’s indemnification obligations under this Agreement.
7.4
No Waiver. A Party’s failure at any time or times to require strict
performance by the other Party of any provision of this Agreement will not waive, affect, or
diminish any right of such Party thereafter to demand strict compliance and performance
herewith or therewith. Any suspension or waiver of an Event of Default will not suspend, waive,
or affect any other Event of Default whether the same is prior or subsequent thereto and whether
the same or of a different type. No waiver is effective unless signed in a non-electronic form by
the waiving Party.
ARTICLE 8 – MISCELLANEOUS
8.1
Notices. Each Party consents to electronic signatures, unless otherwise
specified herein. All notices under this Agreement must be written, and in English, and notice
will be deemed effective when received. All notices will be sent in accordance with the Cover

8
43

Section 8, ItemB.

Sheet. Either Party may from time to time change its notice address by giving the other Party
notice of the change in accordance with this Section.
8.2
Severability. If any court of competent jurisdiction or applicable
Governmental Authority finds any part of this Agreement invalid or unenforceable, then that part
is deemed modified to the extent necessary to render it valid and enforceable. If it cannot be so
saved, it will be severed, and the remaining parts will remain in full force and effect.
8.3
Assignment. Except as provided in this Section, neither Party may assign this
Agreement without the other Party’s prior written consent, which will not be unreasonably
withheld. AWS may assign this Agreement to an Affiliate of AWS without the Provider’s consent
where such Affiliate agrees to be bound by and perform AWS’s obligations under this Agreement.
8.4
Non-Waiver. A waiver of one breach under this Agreement is not a waiver
of any other breach. No waiver is effective unless signed in a non-electronic form by the waiving
Party.
8.5
Governing Law and Venue. This Agreement will be governed by and
interpreted in accordance with the laws of the State of Oregon, excluding its conflicts of law
provisions. Disputes under or related to this Agreement will be resolved in the state or federal
courts in the State of Oregon. Provider agrees to that venue and jurisdiction and waives all
defenses of lack of personal jurisdiction and inconvenient forum.
8.6
Waiver of Jury Trial. Each Party waives, to the fullest extent permitted by
Applicable Law, any right it may have to a trial by jury in respect of any dispute arising out of or
relating to this Agreement.
8.7
Survival. Sections 1.1, 1.3, 1.4, 3, 5, 6.2, 6.3, 7.3, 8.5, 8.6, and 8.7 will survive
expiration or termination of this Agreement.
8.8
No Third-Party Beneficiaries. Nothing in this Agreement will provide any
benefit to any third-party or entitle any third-party to any claim, cause of action, remedy, or right
of any kind.
8.9
Relationship of Parties. The Parties are independent contractors, and
nothing in this Agreement creates an employer-employee relationship, a partnership, joint
venture, or other relationship between the Parties. Neither Party has authority to assume or
create obligations of any kind on the other’s behalf.
8.10 Entire Agreement; Counterparts. This Agreement, together with all
incorporated exhibits and schedules and the NDA, constitute the complete and final agreement
of the Parties pertaining to the respective subject matter and supersede the Parties’ prior related
agreements, understandings, and discussions. Each Party will accept electronic signatures for
the execution of this Agreement and execution may be conducted in counterparts, each of which

9
44

Section 8, ItemB.

(including signature pages) is an original, but all of which together is one and the same
instrument.
ARTICLE 9 – DEFINITIONS AND INTERPRETATION
9.1
Interpretation. The Parties have fully negotiated this Agreement, and it will
be interpreted according to the plain meaning of its terms without any presumption that it should
be construed either for or against either Party. Words, phrases or expressions not otherwise
defined in this Agreement that (i) have a generally accepted meaning in Good Utility Practice will
have such meaning in this Agreement or (ii) do not have well known and generally accepted
meaning in Good Utility Practice but that have well known and generally accepted technical or
trade meanings, will have such recognized meanings. The symbol “$” refers to the United States
Dollar.
9.2
Definitions. As used in this Agreement, the following terms will have the
meanings set forth below:
(a)
“AWS Indemnified Party” means AWS and its Affiliates and their
respective directors, officers, employees, agents, representatives, successors, and assigns.
(b)
“Affiliate” means, with respect to any person, each person that
directly or indirectly controls, is controlled by, or is under common control with such designated
person. For purposes of this definition, “control” (including, with correlative meanings, the terms
“controlled by” and “under common control with”), as used with respect to any person, will mean
(i) the direct or indirect right to cast at least 50% of the votes exercisable at an annual general
meeting (or its equivalent) of such person or, if there are no such rights, ownership of at least
50% of the equity or other ownership interest in such person, or (ii) the right to direct the policies
or operations of such person.
(c)
“Applicable Law” means all laws, statutes, rules, regulations,
ordinances, codes, judgments, orders, approvals, tariffs, decrees, and other pronouncements
having the effect of law of any Governmental Authority.
(d)
“Damages” means any liability, judgment, fine, penalty, settlement,
expense and cost (including reasonable attorney’s fees).
(e)
“Direct Damages” means damages that flow from a breach of contract
in the ordinary course of events.
(f)
“Good Utility Practice” means any of the practices, methods, and acts
engaged in or approved by a significant portion of the water utility industry during the relevant
time period, or any of the practices, methods, and acts which, in the exercise of reasonable
judgment in light of the facts known at the time the decision was made, could have been
expected to accomplish the desired result at a reasonable cost consistent with good business
practices, reliability, safety, and expedition. Good Utility Practice is not intended to be limited to
10
45

Section 8, ItemB.

the optimum practice, method, or act, to the exclusion of all others, but rather is intended to
include acceptable practices, methods, and acts generally accepted in the industry.
(g)
“Governmental Authority” means any national, state, provincial,
local, tribal or municipal government, any political subdivision thereof or any other
governmental, regulatory, quasi-governmental, judicial, public or statutory instrumentality,
authority, body, agency, department, bureau, or entity with authority to bind a Party at law.
(h)
“Infrastructure” means the facilities that will provide each Provider
Services to the Project, as set forth in the Infrastructure Design Specifications in Table 1.
(i)
“Latecomer” means any industrial user who in the future receives
potable, non-potable or sanitary sewer services through the Infrastructure constructed pursuant
to this Agreement within 5 years of the date of the completion of that Infrastructure.
(j)

“Latecomer Charge Methodology” means the following calculation:

Latecomer Charge ($USD) = (Latecomer Capacity/Total Capacity) * Infrastructure Cost
Where:
Latecomer Capacity is the capacity of a Provider Service requested by a Latecomer.
Total Capacity is the total capacity of the applicable Infrastructure.
Infrastructure Cost is the AWS Infrastructure Reimbursement Amount for the applicable
Provider Service under this Agreement.
(k)
“Non-Potable Water System” means a non-potable water supply
system owned and operated by Provider to provide non-potable water to industrial users that
are customers of Provider.
(l)
“Potable Water System” means a potable water supply system
owned and operated by Provider to provide potable water to residents and businesses that are
customers of Provider.
(m)
“Provider Services” means the water services meeting the Service
Specifications set forth in Table 1 of the Cover Sheet. Water services are subject to all provisions
of Hermiston Municipal Code Chapters 51 and 52.
(n)
“Sewer System” means a sewer system owned and operated by
Provider that receives and treats wastewater from customers of Provider.

11
46

Section 8, ItemB.

(o)
“Supply Chain Standards” means the supply chain standards available
at: https://sustainability.aboutamazon.com/people/supply-chain, as amended from time to
time.

12
47

Section 8, ItemB.

EXHIBIT 1
Infrastructure Improvements:
(Mark Responsible Party Where Appropriate)
Delivery Date
Provider
Design & engineering services
11/1/2026
X
Infrastructure construction
11/5/2027
X
Infrastructure operation
Delivery of
infrastructure to
X
end of Term
Infrastructure maintenance
Delivery of
infrastructure to
X
end of Term
Obtaining permits
As required to
X
finish
infrastructure
construction
Obtaining easements
As required to
X
finish
infrastructure
construction

AWS
N/A
N/A
N/A
N/A
N/A

N/A

48

Section 8, ItemB.

49

Section 8, ItemB.

50

Section 8, ItemB.

51

Section 8, ItemB.

SCOPE OF WORK
CITY OF HERMISTON, OREGON
FEEDVILLE ROAD AND HIGHWAY 207 - UTILITY SYSTEM IMPROVEMENTS
August 8, 2025
PROJECT UNDERSTANDING
This Scope of Work (SOW) outlines the project understanding and the tasks that will be performed by
Anderson Perry & Associates, Inc. (Engineer) for the Feedville Road and Highway 207 - Utility System
Improvements project for the City of Hermiston, Oregon (Owner). The Owner intends to install water,
sewer, and non-contact cooling water (NCCW) utilities to a future data center located on Feedville Road
between Hinkle Road and Highway 207. This will include tying into the Owner’s potable water line in
Feedville Road, installing a new sewer main on the public right-of-way (ROW) to connect to the Owner’s
existing sewer system, and installing an 8-inch polyvinyl chloride (PVC) NCCW line that ties into a future
NCCW discharge line from a separate data center located east of the proposed project location. The
improvements generally will include approximately 12,500 linear feet (LF) of 12-inch gravity sewer main,
one railroad crossing, one irrigation canal crossing, 750 LF of 8-inch PVC water line, and various types of
surface restoration. Construction for these improvements is anticipated to occur in 2027 with completion
anticipated by January 2028.

Project Management and Coordination
The Engineer will provide project management and coordination of all tasks included in this SOW,
including:
1. Prepare for and hold a pre-design coordination meeting with the Owner to review the project
and discuss critical design issues, objectives, needs, schedule, etc.
2. Prepare an initial project schedule and updates as needed.
3. Provide monthly invoices and progress reports.
4. Provide quality assurance and quality control review of all documents.
Upon approval by the Owner for the Engineer to proceed, the Engineer will provide services for the project,
including the following tasks.

TASK 1 - DESIGN ENGINEERING
Design Engineering
1. Prepare preliminary design documents consisting of final design criteria, preliminary Drawings,
outline Specifications, and written descriptions of the project.
2. Complete a topographic design survey of the work area. The topographic design survey will
include existing utilities (located by others), fire hydrants, water meters, valves, manholes, etc.
A formal request for utility locations within the project boundary will be requested by the
Engineer. Much of this survey work has been performed for a prior project and will be
incorporated into the additional survey data gathered for this project.

52

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 2 of 7

3. Provide necessary mapping from the design survey for the Engineer’s design purposes.
4. Visit the site as needed to prepare the design documents.
5. Prepare 60 percent draft Drawings for the proposed improvements for review by the Owner.
6. Prepare a 90 percent draft Advertisement for Bids, Instructions to Bidders, and Bidder’s Packet
(hereinafter referred to as Bidding Documents) and a draft Agreement, Contract Forms,
Conditions of the Contract, Technical Specifications, and Drawings (hereinafter referred to as
Contract Documents) for the proposed improvements.
7. Prepare a draft opinion of probable construction cost as part of the draft Bidding and Contract
Documents.
8. Make adjustments as needed to the draft opinion of probable construction cost based on the
90 percent Documents.
9. Attend design review meetings with the Owner at the 60 and 90 percent complete stages.
10. Make adjustments as needed to the opinion of probable construction cost and probable total
project cost based on the final Bidding and Contract Documents.
11. Prepare and furnish the necessary number of copies of the final Bidding and Contract
Documents for use by the Owner, its legal counsel and other advisors as appropriate, and
appropriate agencies.

Deliverables
•

Kickoff meeting minutes

•

Topographic base map including a digital terrain model of the project site

•

Bidding and Contract Documents delivered at the 90 percent and final design stages

•

Opinion of probable construction cost

Assumptions
•

The Owner will handle all negotiations with individual property owners for required
easements and any land needing to be acquired for the project.

•

A geotechnical investigation will not be required. All bores for the project will be designed to
a sufficient diameter that allows for rock breaking and removal as may be needed.

•

No utility relocations or storm sewer drainage piping improvements are anticipated to be
included in the project design.

•

The Engineer will coordinate permitting with Union Pacific Railroad (UPRR), Umatilla
County, and Oregon Department of Transportation (ODOT) for bores and work within the
ROW. All fees will be paid by the Owner directly and are not included in the estimated
Engineer fees.

•

The Engineer will prepare Bidding and Contract Documents for the project in accordance
with the Engineers Joint Contract Documents Committee - 2018 standard documents.

53

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 3 of 7

•

The Owner will pay all required plan review and permit fees.

•

A topographic survey and construction staking will be provided by the Engineer.

•

Unrestricted access to the project area is available to complete the work. The Engineer will
coordinate with UPRR, Umatilla County, and ODOT for access to the project area within
their corresponding jurisdictions.

•

The Owner will secure the necessary land easements, rights-of-way, and construction
permits. The Engineer can assist the Owner with these tasks, if requested, as outlined
under “Additional Services.”

The Design Engineering services will be considered complete when the final Bidding and Contract
Documents are approved by the Owner and other entities having jurisdiction.

TASK 2 - CONSTRUCTION ENGINEERING
After acceptance of the Bidding and Contract Documents by the Owner and appropriate agencies and
upon authorization by the Owner to proceed, the Engineer will perform the following tasks.
1. Assist the Owner in advertising and obtaining bids for the work and maintain a record of
prospective bidders to whom Bidding and Contract Documents have been issued. The Engineer will
attend a pre-bid conference, if held, and answer questions from prospective bidders and suppliers.
2. Prepare and issue addenda as appropriate to clarify, correct, or change the Bidding Documents
and/or Contract Documents.
3. Consult with the Owner as to the acceptability of the subcontractors, vendors, suppliers, and other
persons and entities proposed by contractors for the portions of the work where acceptability is
required by the Bidding and Contract Documents.
4. Attend the bid opening, prepare a bid tabulation, assist the Owner in evaluating bids, and assist in
assembling and awarding the contract for the work.
5. After award of the construction contract by the Owner, meet with the Contractor and Owner in a
pre-construction conference to discuss project schedules, procedures, etc.
6. Review and take other appropriate action with respect to Shop Drawings, samples, and other data
the Contractor is required to submit. Such action is only to determine conformance with the
information given in the Contract Documents and compatibility with the design concept of the
completed project as a functioning whole as indicated in the Contract Documents. Such review or
other action will not extend to means, methods, techniques, sequences, procedures of
construction, or safety precautions and programs incident thereto.
7. Provide construction surveys and staking, if any as noted in the Contract Documents, to enable the
Contractor to perform its work.
8. Receive and review schedules, guarantees, bonds, certificates, other evidence of insurance
required by the Contract Documents, certificates of inspection, tests and approvals, and other
data to be assembled by the Contractor in accordance with the Bidding and Contract Documents.
9. Provide general engineering observation of the work of the Contractor as construction progresses.
The Engineer will provide full-time or part-time on-site observation as appropriate, and as approved
by the Owner. These observations are not intended to be exhaustive or to extend to every aspect of

54

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 4 of 7

the work or to involve detailed inspections of the work. The Engineer will keep the Owner informed
as to any known deviations from the general intent of the Contract Documents or agreements
made at the pre-construction conference. Copies of regular project observation reports will be sent
to the Owner. The Engineer’s undertaking hereunder will not relieve the Contractor of the obligation
to perform the work in conformity with the Contract Documents and in a workmanlike manner.
The Engineer will not, as a result of such observations of the Contractor’s work in progress,
supervise, direct, or have control over the Contractor’s work, nor will the Engineer have authority
over or responsibility for the means, methods, techniques, sequences, or procedures of
construction selected by the Contractor, for safety precautions and programs incident to the work
of the Contractor, or for any failure of the Contractor to comply with laws, rules, regulations,
ordinances, codes, or orders applicable to the Contractor’s furnishing and performing the work.
Accordingly, the Engineer neither guarantees the performance of any Contractor nor assumes
responsibility for any contractor’s failure to furnish and perform their work in accordance with the
Contract Documents.
10. The Engineer will not be responsible for any decision made regarding the Contract Documents, or
any application, interpretation, clarification, or modification of the Contract Documents, other
than those made by the Engineer or its consultants.
11. Legal advice or representation are not included in the Engineer’s services.
12. Keep the Owner informed concerning progress of the work and attend meetings held by the Owner,
outside agencies, and the Contractor as they relate to the project. All of the Owner’s instructions to
the Contractor, if any, will be issued through the Engineer.
13. Issue necessary clarifications and interpretations of the Contract Documents as appropriate for
the orderly completion of the work. Such clarifications and interpretations will be consistent with
the intent of and reasonably inferable from the Contract Documents. The Engineer may issue Field
Orders authorizing minor variations from the requirements of the Contract Documents.
14. Recommend and prepare Change Orders and Work Change Directives for the Owner’s approval
necessary for the proper completion of the work by the Contractor.
15. Review the Contractor’s requests for progress payments and, based on on-site observations by the
Engineer and Owner, recommend the amounts the Contractor should be paid. Such
recommendations of payment will constitute the Engineer’s representation to the Owner, based on
such observations and review, that, to the best of the Engineer’s knowledge, information, and
belief, the work has progressed to the point indicated. In the case of unit price work, the Engineer’s
recommendations of payment will include determinations of quantities and classifications of such
work (subject to any subsequent adjustments allowed by the Contract Documents).
16. By recommending payment, the Engineer will not thereby be deemed to have represented that
observations made by the Engineer to check the quality or quantity of the Contractor’s work as it is
performed and furnished to have been exhaustive, extended to every aspect of the Contractor’s
work in progress, or involved detailed inspections of the work beyond the responsibilities
specifically assigned to the Engineer in this SOW. Neither the Engineer’s review of the Contractor’s
work for the purpose of recommending payments nor the Engineer’s recommendation of any
payment including final payment will impose on the Engineer responsibility to supervise, direct, or
control the work, or for the means, methods, techniques, sequences, or procedures of
construction or safety precautions or programs incident thereto, or the Contractor’s compliance

55

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 5 of 7

with laws and regulations applicable to the Contractor’s furnishing and performing the work. It will
also not impose responsibility on the Engineer to make any examination to ascertain how or for
what purposes the Contractor has used the money paid to the Contractor by the Owner; to
determine that title to any portion of the work, including materials or equipment, has passed to the
Owner free and clear of any liens, claims, security interests, or encumbrances; or that there may
not be other matters at issue between the Owner and the Contractor that might affect the amount
that should be paid.
17. Prepare and furnish to the Owner one set of reproducible project Record Drawings showing
appropriate record information based on project documentation received from the Contractor, the
Engineer’s site observations, and the Owner’s observations. These Drawings may contain some
discrepancies and omissions and will not necessarily represent “exact” field conditions.
18. Following notice from the Contractor that the entire work is ready for its intended use, conduct,
along with the Owner, appropriate outside agencies, and the Contractor, a visit to the project site
to determine if the work is substantially complete. If, after considering any objections from the
Owner, the Engineer considers the work substantially complete, the Engineer will deliver a
Certificate of Substantial Completion to the Owner and the Contractor.
19. In company with the Owner’s representatives and appropriate outside agencies, conduct a final
visit to the project site to determine if the completed work of the Contractor is acceptable so the
Engineer may recommend, in writing, final payment to the Contractor.

Deliverables
•

Executed Contract Documents

•

Project observation reports

•

Record Drawings

•

Project closeout documentation

Assumptions
•

The Owner will be responsible for retaining the services of a qualified licensed construction
Contractor to complete the work.

•

The Owner will attend the pre-bid conference, bid opening, pre-construction conferences,
construction progress, warranty walkthrough, and other project-related meetings and will take
timely and appropriate action with respect to Change Orders, Applications for Payment, the
Certificate of Substantial Completion, and the Notice of Acceptability of Work.

•

Unrestricted access to the project area is available to complete the work. The Engineer will
coordinate with UPRR, Umatilla County, and ODOT for access to the project area within their
corresponding jurisdiction.

•

The estimated fee for “Construction Engineering” in the Work Order is included for budgeting
purposes only and is based on an assumed construction time of approximately 12 months.

•

The Owner can require either a reduced or increased level of construction review or general
engineering review at any time in consultation with the Engineer. In the event an increased level

56

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 6 of 7

is required, an agreement will be reached between the Engineer and Owner as to whether
additional amounts in excess of the fee estimate provided will be required.
•

Should the construction period be increased beyond the time frame mentioned above for any
cause, or should the Contractor's performance require an extraordinary amount of review and
coordination, etc., the Engineer will be entitled to additional compensation. An increase in
construction time may be due to construction time extensions granted by the Owner, failure of
the Contractor to complete the work within the allowable construction time, poor quality
performance of the Contractor, unusual weather, etc. It is agreed that the Engineer has no
control over the actual time required to complete the work, the Contractor's schedule, the
quality of the Contractor's performance, unusual weather conditions, etc. All of these
conditions could increase the amount of “Construction Engineering” required to properly
complete the work. It is agreed that the Owner and the Engineer will negotiate a reasonable
compensation for these additional services should additional “Construction Engineering” be
required.

The Construction Engineering services will be considered complete when the project is accepted by the
Owner and when Record Drawings have been provided to the Owner.

TASK 3 - ENVIRONMENTAL REVIEW
This task includes preparing a cursory environmental review. This will include a desktop review of the
project area and potentially affected resources such as wetlands, waterbodies, floodplains, farmland,
threatened and endangered species, cultural and historic resources, hazardous materials, recreational
areas, land use and zoning, and permitting requirements. A site visit is not included in this work; all reviews
will be completed using publicly available databases.
As part of this task, the Engineer will coordinate permitting with Bureau of Reclamation (Reclamation) and
the Oregon Department of Environmental Quality (DEQ) for crossing canals and discharging NCCW to a
canal. All fees will be paid by the Owner directly and are not included in the estimated Engineer fees.

Deliverables
•

An environmental memo summarizing the findings of the environmental review

Assumptions
•

Natural resources permitting is not anticipated to be required for the project.

•

Unrestricted access to the project area is available to complete the work.

•

Two rounds of comments from Reclamation and the DEQ will be addressed.

•

A draft DEQ National Pollutant Discharge Elimination permit will be issued so adequate
infrastructure can be determined to meet the requirements.

The Environmental Review services will be considered complete when the environmental memo has been
provided to the Owner.

ADDITIONAL SERVICES
In addition to the foregoing being performed, the following services may be provided by the Engineer when
requested by the Owner in writing. If additional services are requested, the scope and fees will be added by
amendment to this SOW or under a separate Work Order.

57

City of Hermiston, Oregon
Feedville Road and Highway 207 - Utility System Improvements

Section 8, ItemB.

Page 7 of 7

1. If requested by the Owner, the Engineer may assist the Owner with obtaining any additional
permits, applications, outside utility services, etc., as necessary for the work. The Owner will pay
all fees associated with any permits and applications, if such fees are required. The Engineer will
not be responsible for such fees.
2. Assist the Owner with property surveys, property plats, legal descriptions, and other items
necessary for negotiating for land rights and easements. Such work may include appearances
before courts and boards on these matters.
3. Redesign work when requested to do so by the Owner. Such work may include changes in the
design that are beyond the control of the Engineer and/or changes in the Bidding and Contract
Documents after such Contract Documents have been accepted by the Owner.
4. Perform special tests, specialized studies, or tests other than previously outlined herein that may
be required on the project.
5. Provide additional administrative services as needed in administering the project, project grants,
and other financial assistance programs with outside agencies. Such services may include
preparation of requests for funds, reports, coordinating meetings, evaluating audit data, and other
support as appropriate to help facilitate the overall project development in accordance with local,
state, and federal requirements.
6. Provide additional or extended services during construction made necessary by (1) emergencies or
acts of God endangering the work, (2) a significant amount of defective, neglected, or delayed work
by the Contractor, (3) acceleration of the progress schedule involving services beyond normal
working hours, (4) longer construction time than anticipated, or (5) default by the Contractor.
7. Perform soil tests and borings as required to evaluate subsurface soil conditions.
8. Provide post-construction engineering services as required. These services could include, but are
not limited to, the following.
•

Together with the Owner, visit the project to observe any apparent defects in the completed
work, assist the Owner in consultations and discussions with the Contractor concerning
correction of such defects, and make recommendations as to replacement or correction of
defective work.

•

In company with the Owner, perform a warranty site visit for the project in the eleventh month
following Substantial Completion to ascertain whether items of construction are subject to
correction.

ScpofWrk_Hermiston_FeedvilleRdHwy207UtilityImp_736-XXX-000-BD.docx

58

Section 8, ItemB.

CITY OF HERMISTON, OREGON
FEEDVILLE ROAD AND HIGHWAY 207 - UTILITY SYSTEM IMPROVEMENTS
PRELIMINARY COST ESTIMATE - UPDATE
May 2026

NO.

ITEM

UNIT

UNIT PRICE ESTIMATED
QUANTITY

TOTAL PRICE

1
2

Mobilization (not to exceed 5% of Total Bid Price)
Temporary Protection and Direction of Traffic/Project
Safety
Erosion and Sediment Control
Removal of Structures and Obstructions
Electrical Service for Metering Vaults

LS
LS

$

$

3
4
5
Sewer
6
12-inch Polyvinyl Chloride (PVC) Sewer Line
7
6-inch PVC Sewer Service Line
8
Connection to Existing Manhole
9
Railroad Jack and Bore
10
Manholes
11
Irrigation Canal Crossing (Bored)
Water
12
PDX150 Valves and Meter Vault
13
Connection to Existing Water Line
14
12-inch Ductile Iron Fire Line
15
4-inch Water Meter Installation
Non-Contact Cooling Water (NCCW)
16
8-inch PVC Main Line
17
Connection to Existing NCCW Line
18
NCCW Metering and Sampling Vault
19
8-inch Gate Valve
General
20
Asphalt Surface Restoration
21
Gravel Surface Restoration
22
General Surface Restoration
23
Driveway Restoration
24
Hydroseed Restoration

183,000
100,000

All Req'd
All Req'd

183,000
100,000

LS
LS
LS

15,000
40,000
40,000

All Req'd
All Req'd
All Req'd

15,000
40,000
40,000

LF
LF
EA
EA
EA
EA

100
80
2,000
300,000
9,000
200,000

12,500
600
1
1
32
2

1,250,000
48,000
2,000
300,000
288,000
400,000

EA
EA
EA
EA

200,000
10,000
15,000
23,000

1
1
1
1

200,000
10,000
15,000
23,000

LF
EA
EA
EA

130
5,000
300,000
2,500

750
1
1
3

97,500
5,000
300,000
7,500

SY
SY
SY
SY
SY

80
20
10
50
3

4,500
9,200
11,000
350
1,500

360,000
184,000
110,000
17,500
4,500

Total Estimated Construction Cost
Construction Contingencies (20%)
Design and Construction Engineering (20%)
Permitting, Environmental, Cultural Resources (2%)

$

4,000,000
800,000
800,000
79,000

TOTAL ESTIMATED PROJECT COST (2026)

$

5,679,000
583,000

1
TOTAL ESTIMATED PROJECT COST (2027)

$

6,262,000

CITY OF

HERMISTON, OREGON
FEEDVILLE AND HIGHWAY 207 UTILITY SYSTEM IMPROVEMENTS

TABLE

1

PRELIMINARY COST ESTIMATE

59

Section 8, ItemB.

EXHIBIT 2
FORM OF MONTHLY REPORT
Provider will prepare a written report each month on its progress relative to the development and
construction of the Infrastructure. The report must be uploaded as a single Adobe Acrobat file to a
WorkDocs link (or similar online portal) as directed by AWS by no later than the 5th Business Day after
each month, or as otherwise directed by AWS in writing.
Each Monthly Report must include the following items:
1.

Cover page.

2.

Brief Project description.

3.

Site plan showing progress in easement acquisition and construction progress.

4.

Description of any planned changes to the Project.

5.

Bar chart schedule showing critical path schedule of major items and activities.

6.

PERT or GANT chart showing critical path schedule of major items and activities.

7.

Summary of activities during the previous month.

8.

Forecast of activities scheduled for the current month.

9.

Written description about the progress relative to Provider’s schedule.

10.

List of issues that could potentially impact Provider’s schedule.

11.

Enumeration and schedule of any support or actions requested of AWS.

12.

Progress and schedule of all agreements, contracts, permits, approvals, land rights
acquisitions, technical studies, financing agreements and major equipment purchase
orders showing the start dates, completion dates, and completion percentages.

13.

A status report of start-up activities including a forecast of activities ongoing and after
start-up.

14.

Pictures, in sufficient quantity and of appropriate detail, to document construction and
startup progress of the Provider Service.

15.

A tracker showing spending and remaining budget.

60

Section 8, ItemC.

Mayor and Members of the City Council

STAFF REPORT
For the Meeting of September 14, 2026
Title/Subject
Resolution 2442: Regional Infrastructure Fund Grant Application

Summary
This resolution will support submission of an application to the State of Oregon’s Regional
Infrastructure Fund to support construction of a sewer main.
Background
The State of Oregon’s Regional Infrastructure Fund allocates $10 million toward infrastructure
projects which are immediately ready to construct, and guarantees at least $500,000 toward
each region of the state. The intention of the fund is to specifically support one of the statewide
needs of Housing, Childcare, or Economic Development.
Resolution 2416 authorized financing for construction of a 13,000 foot sewer main project in
Feedville Road and Highway 207. Resolution 2441 follows up with establishing the privatesector contribution toward the project.
The project supports future housing development by overcoming one of the most expensive
obstacles toward developing the 350 acres of residentially zoned land in SW Hermiston, which
has had legitimate development interest in the past for construction of more than 1,000 housing
units, by extending sanitary sewer infrastructure to that area.
This resolution (2442) looks to minimize the City of Hermiston’s financial contribution toward the
project by supporting an application to the RIF to help cover the City’s portion.
Tie-In to Council Goals
City Facilities: Public facilities that meet the community needs of today and the future
Fiscal Information
This is an application for an undetermined amount of competitive grant funding, up to $1
million, and should be viewed as ‘icing on the cake.’ This funding opportunity points to the
challenges often faced with competitive grant funding which can only be overcome through
61

Section 8, ItemC.

courageously advancing important projects. This opportunity requires ‘development ready’
projects with fully designed plans ready to bid; which of course takes upfront investment and
commitment to deliver on a project. I am hopeful that through the size and impact of this
project, combined with the private sector contribution, it will compete well for this funding
opportunity; however it is unclear what the final funding amount might be.
Alternatives and Recommendation
Alternatives
1. Approve Resolution 2441
2. Reject Resolution 2441
3. Table Resolution 2441
Recommended Action/Motion
Approve Resolution 2441
Submitted By:
Mark Morgan

62

Section 8, ItemC.

RESOLUTION NO. 2442
A RESOLUTION AUTHORIZING AN APPLICATION FOR A REGIONAL
INFRASTRUCTURE FUND GRANT AND AUTHORIZING THE CITY MANAGER TO
SIGN ON BEHALF OF THE CITY
WHEREAS, the City of Hermiston (“City”) in Resolution No. 2416 authorized financing
for construction of a 13,000 foot sewer main project in Feedville Road and Highway 207
(“Project”); and
WHEREAS, Resolution No. 2441 established a private sector contribution toward the
project; and
WHEREAS, the State of Oregon through the Regional Infrastructure Fund (“RIF”)
allocates $10,000,000 toward infrastructure projects which are immediately ready to construct and
guarantees at least $500,000 toward each region of the state. The intention of the fund is to
specifically support one of the statewide needs of Housing, Childcare, or Economic Development;
and
WHEREAS, extending the sanitary sewer main will support future housing development
by overcoming one of the most expensive obstacles toward development of the 350 acres of
residentially zoned land in southwest Hermiston; and
WHEREAS, application for the grant funding looks to minimize the City of Hermiston’s
financial contribution toward the project by supporting an application to the RIF to help cover the
City’s portion of the Project.
NOW, THEREFORE, THE CITY OF HERMISTON RESOLVES AS FOLLOWS:
1. That the application for a Regional Infrastructure Fund Grant is authorized.
2. That City Manager is hereby authorized to execute and deliver the Regional
Infrastructure Fund Grant application with such changes, additions, deletions and
modifications as the City Manager may approve.
3. That this resolution is effective immediately upon its passage.
PASSED by the Common Council this 14th day of September 2026.
SIGNED by the Mayor this 14th day of September 2026.
___________________________________
Doug Primmer, MAYOR
ATTEST:
_______________________________________
Lilly Alarcon-Strong, CMC, CITY RECORDER
RESOLUTION NO. 2442

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