AGREEMENT
FOR
PRIVATE PLUMBING REALIGNMENT
This agreement is between the City of Portland, acting through its Bureau of Environmental Services (“BES”), and will use mail merge to place name here (“Owner”), who own(s) the real property will use mail merge to place legal description here located at will use mail merge to place address here (“Property”).
RECITALS
A. Historically, BES provided sanitary sewer service to Owner’s Property with a public sanitary sewer main located at the rear of the Property in a public sewer easement, as shown in the attached Exhibit A.
B. The public sanitary sewer main by which service has been provided to the Property suffered permanent structural damage from a localized landslide during the 1996/1997 winter.
C. BES proposes to relocate the existing public sanitary sewer main that serviced the Property to within the public right of way known as NW Pinnacle Dr, and to construct a public sanitary sewer service lateral from that main to the curb in front of the Property.
D. For the Owner’s Property to obtain service from the relocated public sanitary sewer main, it will be necessary to realign the Property’s private plumbing so that it connects to the new public sanitary sewer service lateral.
E. The purpose of this Agreement is to provide a mechanism by which to compensate the Owner for reasonable and appropriate costs associated with private plumbing realignment and landscaping restoration work necessary for the Property to connect to the new public sanitary sewer service lateral.
AGREEMENT
F. BES shall do the following:
1. BES will provide the Owner a map showing the approximate location for the new public sanitary sewer service lateral. The map is attached to this Agreement as Exhibit A. At the time of construction, BES will cooperate with the Owner in determining the exact location of the lateral, provided the location chosen by the Owner is within close proximity, as determined by BES, of that shown on the map.
2. Along with construction of the new public sanitary sewer main in NW Pinnacle Dr, BES will construct a public sanitary sewer service lateral to the curb in front of the Property, per the attached map, at no cost to the Owner.
3. BES will review three competitive qualifying bids and plans, as described in Subsection 3 and 4 of Section H of this Agreement, that were obtained by Owner for private plumbing realignment and landscaping restoration work for the Property, and will authorize Owner to proceed with the work using the lowest acceptable bid, as determined by BES.
4. BES will pay all reasonable and appropriate costs, as determined by BES, that are associated with private plumbing realignment and landscaping restoration work for the Property to connect to the new public sewer service lateral.
5. BES agrees to provide payment for private plumbing realignment and landscaping restoration work authorized by BES within two weeks of receipt of an invoice that meets the stipulations in Subsection 6 and 7 of Section H of this Agreement.
6. BES will agree to pay for private plumbing realignment work for the Property in two phases, as stipulated in Subsection 10 of Section H of this Agreement, to allow the Owner to contract for work in preparation for the new public sanitary sewer service lateral and main.
7. After all Properties are connected to the new public sanitary sewer main in NW Pinnacle Dr, BES will abandon the existing public sanitary sewer main on said Property in place. The abandonment will include removal of only above-surface facilities associated with the failed existing public sanitary sewer main, and the sealing or filling of the buried portions of that sewer.
8. BES agrees to relinquish the public sewer easement on the Property upon completion of abandonment of the existing public sanitary sewer main as defined above in Subsection 7 of Section F.
G. Owner shall do the following:
1. Owner will provide approval of proposed approximate location of the new public sanitary sewer service lateral for the Property by signing the attached Exhibit A.
2. Owner agrees to assume responsibility of contracting, as defined in Subsection 9 of Section H of this Agreement, for the private plumbing realignment and landscaping restoration work for the Property.
3. Owner will obtain three competitive qualifying bids and plans for private plumbing realignment and landscaping restoration work for the Property, as stipulated in Subsection 4 of Section H of this Agreement, and will submit them to BES for review, approval and authorization prior to contracting for the work.
4. Owner agrees to accept and work with contractor, bid, and plan selected by BES.
5. At a mutually agreed upon time, Owner will provide access to the Property for BES’s inspection of any private plumbing realignment and landscaping restoration work for which a qualifying invoice has been, or will be, submitted to BES for payment. BES inspection does not substitute for permit inspection and approvals from OPDR indicated in Subsection 7.i.of Section H of this Agreement.
6. Owner will disconnect private plumbing for the Property from the existing public sanitary sewer main at the rear of the Property, and will connect to the new public sanitary sewer service lateral in NW Pinnacle Dr within 90 calendar days of written notice by BES that the new public sanitary sewer service lateral is available for connection.
H. Miscellaneous provisions:
1. Any modifications to this Agreement must be made in writing and approved by all parties.
2. Plumbing facilities on the Property are and will remain the property of the Owner. Owner retains responsibility for maintenance and repair of all existing and new private plumbing facilities.
3. A qualifying bid is to be from one contractor that will be responsible for all portions of private plumbing realignment and landscaping restoration work for the Property. The contractor is to be in good standing with the Oregon Construction Contractors Board, and have a current business license with the City of Portland.
4. A qualifying bid is to contain the following items:
a. Company name.
b. Estimator’s name.
c. Company address.
d. Company phone number.
e. State CCB number.
f. City business license number.
g. Method of abandonment of outside existing private plumbing.
h. Plan and details of work to be performed.
i. Itemized list of estimated costs.
j. Above items also apply for any subcontractors.
5. The Owner will submit a written request to BES for approval of additional private plumbing realignment and landscaping restoration work for the Property that was not contained in the bid, prior to the performance of that work.
6. The invoice for completed work is to be from the contractor approved by BES, and for work shown in that contractor’s qualifying bid.
7. The invoice from the contractor is to contain the following items:
a. Contractor’s company name.
b. Company address.
c. Company phone number.
d. State CCB number.
e. City business license number.
f. Plan and details of the work performed.
g. Itemized costs.
h. Name and signature of company official authorizing work.
i. Copy of a City issued and signed plumbing inspection card for completed plumbing work and connection to the new public sanitary sewer service lateral.
8. Payment for any work to the Owner will be with a City check made payable to both the Owner and the Owner’s contractor.
9. For the purpose of private plumbing realignment and landscaping restoration work for the Property, Owner will perform the following responsibilities and confirms the following understandings:
a. Verification that contractor in good standing with the Oregon Construction Contractors Board by calling 1-503-365-4621.
b. Verification that contractor has a current license with the City of Portland by calling 503-823-5157.
c. Verifying that the bid from the contractor complies with Subsection 3 of Section H.
d. Verifying that the invoice from the contractor complies with Subsection 4 of Section H.
e. Acknowledgement that all express or implied warranties for private plumbing realignment and landscaping restoration work for the Property are solely between the Owner and the contractor that performed the work.
f. Acknowledgement that approval or authorization of private plumbing realignment and landscaping restoration work for the Property by BES does not imply any warranty or responsibility for that work by the City.
g. Acknowledgement that the plan for private plumbing realignment and landscaping restoration work for the Property will be from the curb to the least costly accessible connection point with the Property’s existing plumbing.
h. Determination of most appropriate method of realigning and reconnecting private plumbing for the Property.
i. Abandonment of existing private plumbing
10. Provided that all stipulations within this agreement are complied with, private plumbing realignment and landscaping restoration work for the Property may be conducted in two phases and can be done with one contractor that separates the work into two phases, with different contractors, with one plumbing permit for all the work, or with separate plumbing permits for each phase.
SIGNATURE AUTHORITY
OWNER(S)
(Date)
(will use mail merge to place name here)
(Date)
(will use mail merge to place name here)
CITY OF PORTLAND
(Date)
Dean Marriot, Director of Bureau of Environmental Services
(Date)
Pete Kasting, Chief Deputy City Attorney