(Exhibit B)

Pilot Project Agreement

Willamette Stormwater Control Program

between

City of Portland Bureau of Environmental Services, City of Portland Bureau of Parks and Recreation, and

Portland Public Schools

Project Name: Glencoe School Parking Lot Retrofit Project

Project Address: 825 SE 51^st Ave

Property Owner: Portland Public Schools

Property Manager: Portland Public Schools

Facilities Management Group  , Portland Public Schools  

 501 N Dixon

 PO Box 3107

 Portland 97208-3107    

PURPOSE

The purpose of this agreement is to define the responsibilities of the City of Portland (C Bureau of Environmental Services (BES), City of Portland Bureau of Parks and Recreation (Parks), and Portland Public Schools (PPS). With the permission and support of Portland Public Schools, BES is implementing this project in partnership with Parks.

The goal of BES’ Willamette Stormwater Control Program is to promote stormwater controls that reduce combined sewer overflows and increase sewer system capacity. The Program is partnering with a limited number of property owners to implement pilot projects that demonstrate stormwater management techniques. BES has a particular interest in partnering with PPS in order to show the potential for retrofit projects that provide multiple benefits, including potential savings in stormwater utility rates for PPS.

PROJECT DESCRIPTION

Summary:

Glencoe Elementary School is located in an area served by the combined sewer system. The project is to retrofit the school’s parking lot, across from the school entrance, with a low-lying landscape area that will treat and infiltration much of the stormwater that drains from the parking area.

State Taxlot ID: R643100670

Area managed by the project:

The parking lot approximately 15,000 square feet in area. The project will remove approximately 1/3^rd of the existing parking lot pavement and convert it to a landscaped area. The remaining paved area, approximately 10,000 square feet, will drain to part of the new landscape area.

Stormwater facility type and size:

The stormwater facility will be a swale and landscape infiltration area big enough to manage all but the largest rain events. The landscape area will have an overflow pipe that drains to the sewer system. The infiltration area will occupy less than half the total landscape area (approximately 4,000 square feet) between the parking area and the sidewalk along SE 51^st.

RESPONSIBILITIES

BES shall:

1.  Provide funding for the project, not to exceed $65,000 in total costs for construction and 3 years of landscape maintenance.

2.  Have overall responsibility for managing the project, including final decision-making authority for all aspects of project design and implementation.

3.  Design the project and provide project construction drawings to Parks.

4.  Develop an O & M plan for the facility and provide that plan to Parks

5.  Provide 3 years of limited landscape maintenance services from the date the project is completed. The landscape maintenance provided by BES during those three years will include, at a minimum, 3 visits by landscape crews during each growing season (total of 9 visits).

6.  Manage and address all issues and concerns raised by the School District concerning the project.

7.  For 3 years, annually provide PPS with information concerning maintenance activities for the facility (in order to update PPS Operations and Maintenance records for the facility).

Bureau of Parks and Recreation Shall:

1.  Have responsibility for project construction, including implementation, procurement, organization, and management of construction services.

2.  Complete all phases of the project, with the exception of landscape planting activities, by August 20th in order to provide the school community full access to the parking lot on that date.

3.  Complete all planting activities by November 15^th, 2002.

4.  Notify BES within two working days of any changes to the design or function of the facility that results from circumstances that arise during construction, and

5.   Will not implement any changes that decrease the utility of the project for stormwater management purposes without first obtaining BES’written agreement.

6.  Collaborate with BES to develop the following documentation upon completion of the project and final permitting: 1. A revised final budget including all activities, materials, and labor; 2. Final project drawings (“As-Builts”).

Portland Public Schools Shall

1.  Approve and support the implementation of the project described in this agreement.

2.  Agree to grant access to the property to BES and BPR, including contractors and subcontractors, to perform the construction work as described in this agreement.

3.  Agree that it owns the stormwater management system described in this agreement.

4.  Beginning in September 2005 PPS will be responsible for routine maintenance of the landscape areas as described in the Operations and Maintenance (O & M) Plan developed by BES. This O & M plan will be required for any application the School makes to the City for a stormwater utility rate reduction related on-site stormwater management.

5.  Agrees to hold City of Portland Bureau of Environmental Services harmless from liability resulting from or out of Portland Public Schools’s actions related to this Project and under this agreement.

6.  Agree that if any future alterations of the site come under the authority of the BES Stormwater Management Manual, applicable requirements in the Manual will apply to the site. The Manual requires stormwater management measures at new and redeveloping properties.

7.  Will allow BES workers, or their representatives, scheduled access to the site to conduct maintenance activities from the date of construction through September 2005. Allow BES workers, or their representatives, access to the site to make observations and conduct monitoring of the performance of the facility. This right of access will continue for a period of 5 years after construction.

8.  Allow BES employees to publicize the nature and location of the facility. Allow BES staff to post an interpretive sign at the facility describing the project and contributors. This opportunity will be provided for a period of 5 years. All such publicity, notices, and advertisements shall have the prior notification of and approval by PPS.

9.  By request, allow scheduled visits by citizens to learn more about the stormwater system and provide educational opportunities. This opportunity will be provided for a period of 5 years

GENERAL TERMS:

1.  This agreement may be terminated upon the mutual written consent of all parties. The City of Portland Bureau of Environmental Services may terminate this agreement upon written notice to the other parties at any time for the public good.

2.  The parties shall comply with all federal, state and local laws and ordinances applicable to this agreement.

3.  Each party shall have access to the books, documents and insurance policies and documentation of the other parties which are related to this agreement for the purpose of examination, copying and audit.

CONTACT ADDRESSES:

For Bureau of Environmental Services (BES): Henry Stevens, Willamette Stormwater Control Program, Bureau of Environmental Services, 1120 SW 5^th Avenue, Room 1000, Portland, OR 97204-1912.

For Portland Public Schools (PPS): Pamela J. Brown, Director of Facilities and Asset Management, Portland Public Schools, PO Box 3107, Portland, OR 97208-3107.

For Bureau of Parks and Recreation (Parks): Mary Huff, Facilities Manager, Portland Parks and Recreation, 1120 SW 5^th Avenue, Room 1302, Portland, OR 97204.

_____________________________ ________________________________

Dean Marriott, Bureau Director     Charles Jordan, director

            Bureau of Parks and Recreation  

_____________________________     ______________________________

City Auditor           Representing Portland Public Schools

______________________________  

City Attorney’s Office