RESOLUTION No. 36292

Establish an agreement and policy between the Bureau of Environmental Services and the Portland Office of Transportation to govern management and cost sharing for future sewer maintenance under streetcar tracks in SW Moody Ave between SW Gibbs Street and the Ross Island Bridge (Resolution)

WHEREAS, in SW Moody Avenue, PDOT will construct a spur streetcar track and infrastructure (Streetcar System) over a two portions of the existing 48-inch brick stormwater sewer from manhole ABY 835 to manhole ABY 823; and

WHEREAS, prior to Streetcar System construction, BES had unrestricted access to the 48-inch sewer. A constructed Streetcar System will severely restrict that access. Thereafter, BES will not be able to excavate to repair or replace a failed section of that sewer without stopping streetcar operation at the location, and either tunneling to the sewer, or removing a section of streetcar track and infrastructure; and

WHEREAS, this track will be a spur off the terminus of the main track. The spur track is considered temporary and is planned for removal once the main track is extended; and

WHEREAS, BES and PDOT desire to establish a policy to reflect the cooperative agreement reached on how management will be handled and costs will be allocated as a result of the condition described above, and have negotiated, to their mutual satisfaction, the terms and conditions of said policy; and

WHEREAS, BES and PDOT recognize that the existing 48-inch sewer is beyond its design life and that the costs of any future replacement of the pipe will be subject to the City’s Policy for Allocation of Utility Relocation Costs Pipe-Life Credits, should the Streetcar tracks still be in place.

NOW, THEREFORE, BE IT RESOLVED that the Bureau of Environmental Services shall have the following responsibilities:

1.  Provide PDOT a minimum 72 hours advance notice of proposed sewer maintenance work, unless BES determines an emergency representing a significant threat to public safety or private property exists. In which case, little or no advance notice may be given.

2.  Conduct maintenance work in a timely manner, and with as little impact as possible to the Streetcar System.

3.  Whenever possible, complete maintenance and repair work on the sewer from a section of the sewer that is accessible from a location not under the tracks.

4.  If BES reasonably determines no other means of access is possible, PDOT will be informed of the need to shutdown or remove portions of the Streetcar System to provide access for sewer maintenance.

5.  Unless an emergency exists, provide PDOT the opportunity to remove and replace the Streetcar System portion that prevents maintenance access to the sewer.

6.  Upon completion of sewer maintenance, restore the portion of affected street to pre-maintenance construction condition.

7.  If a portion of the Streetcar System is removed for sewer maintenance work, BES agrees to provide partial payment for removal and replacement work equal in value to street restoration work had the Streetcar System not existed.

8.  After construction of the Streetcar System, should replacement of the sewer be required and if the Streetcar tracks are still in use, BES agrees to apply the City’s Policy for Allocation of Utility Relocation Costs Pipe-Life Credit Calculation.

BE IT FURTHER RESOLVED that the Office of Transportation has the following responsibilities:

1.  Initiate and pay for both a pre and post streetcar track construction video inspection of the 48-inch brick sewer between manholes ABY 835 to manhole ABY 823.

2.  Initiate and pay for both a pre and post streetcar track demolition video inspection of the 48-inch brick sewer between manhole ABY 835 to manhole ABY 823.

3.  Pay for costs associated with shutdown or removal and replacement of any Streetcar System portion that prevents sewer maintenance work.

4.  Reimburse BES for additional sewer construction costs associated with such restricted access.

5.  Provided an emergency does not exist, upon notice from BES, shutdown or remove Streetcar System portion interfering with sewer maintenance work within fourteen (14) days of notification.

6.  Provided an emergency exists, upon notice from BES, shutdown or remove Streetcar System portion interfering with sewer maintenance work within 24 hours of notification.

7.  If an emergency exists and PDOT is unable to remove the Streetcar System portion that prevents sewer access within the agreed upon time, PDOT grants permission to BES to shutdown or remove a portion of the Streetcar System to gain sewer access.

8.  If BES removes a portion of the Streetcar System to conduct maintenance work, take responsibility for replacement of the removed Streetcar System portion.

9.  Hold BES free and harmless from all claims associated with temporary removal of any portion of the Streetcar System.

10.  Pay for costs to repair the sewer that are a result of damage to the sewer during Streetcar System construction activities.

11.  Pay for costs calculated under the City’s Policy for Allocation of Utility Relocation Costs Pipe-Life Credit for any sewer replacement deemed necessary by BES after construction of the Streetcar System.

BE IT FURTHER RESOLVED that if BES and PDOT disagree regarding implementation of this policy, the City Engineer and the BES Chief Engineer shall mutually resolve the dispute. In the event the City Engineer and the BES Chief Engineer cannot resolve the dispute, the dispute shall be presented to Portland City Council for resolution.

BE IT FURTHER RESOLVED that this shall be a binding City policy and be filed in the Portland Policy Documents Repository.

BE IT FINALLY RESOLVED that this agreement will cease once the spur track is removed from over the 48-inch brick storm sewer, and that sewer is found to be in near pre track construction condition.

Passed by the Council,   February 16, 2005    GARY BLACKMER

Mayor Tom Potter                Auditor of the City of Portland

                   By /S/ Susan Parsons

Prepared by: Vicky Diede/Don Henry          Deputy

January 12, 2005

145 22 110/ BES PROJ#7826 - ord

BACKING SHEET INFORMATION

AGENDA NO. 94-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36292