DATE: January 27, 2005

TO: Mayor Tom Potter

FROM: Dean Marriott / Brant Williams

RE: Establish an agreement and policy between BES & PDOT for future sewer maintenance under streetcar tracks in SW Moody Ave between SW Gibbs Street and the Ross Island Bridge. (Resolution)

1. INTENDED THURSDAY FILING DATE: January 27, 2005

2. REQUESTED COUNCIL AGENDA DATE: February 16, 2005

3. CONTACT NAME & NUMBER: William F. Ryan, Chief Engineer, BES, 37203 / Vicky Diede, PDOT

4. PLACE ON: __x_ CONSENT ____ REGULAR

5. BUDGET IMPACT STATEMENT ATTACHED: _x__ Y ____N ____N/A

6. (3) 0RIGINAL COPIES OF CONTRACTS APPROVED AS TO FORM BY CITY ATTORNEY ATTACHED: ___Yes ____No __x__N/A

7.  BACKGROUND/ANALYSIS

The Portland Streetcar Gibbs Extension is an Office of Transportation (PDOT) project, which will extend streetcar tracks from the intersection of SW River Parkway & SW Moody Ave to SW Gibbs St & SW Moody Ave. A future extension is planned to the south in SW Moody Ave to provide service to a future planned development. PDOT entered into an agreement with Portland Streetcar Inc. (PSI) for the design and construction of streetcar improvements. PSI contracted with URS/BRW for the design of the streetcar system and Shiels Obletz Johnsen for construction management of the Gibbs Extension Project. The Bureau of Environmental Services (BES) provided review and approval of sewer design. The approved design will allow streetcar tracks and infrastructure to be constructed above a 48” brick stormwater sewer. This will impact future sewer maintenance activities and costs. To alleviate financial concerns over increased maintenance costs due to the access restriction, PDOT and BES have negotiated an agreement, and will establish a City policy allowing BES unencumbered access to the sewer and a means to recover increased maintenance costs.

The Streetcar System track over the 48-inch brick storm sewer between SW Gibbs Street and SW Grover Street is considered temporary. PDOT plans to remove it upon further extension of the Streetcar System.

Legally, Resolution needs to be accepted by Council establishing the new City policy.

A policy is appropriate since the actions identified in this policy may take place several years after completion of the agreement. The Resolution will continue a new City policy.

8.  FINANCIAL IMPACT

Cost sharing and responsibilities are issues the Resolution will resolve.

There will be no financial impact, provided the condition of the 48-inch brick storm sewer does not deteriorate during the life of this agreement.

9.  RECOMMENDATION/ACTION REQUESTED Approve Resolution.