Binding City Policies (BCP)
SEWER MAINTENANCE UNDER STREETCAR TRACKS
Binding City Policy
WHEREAS, in SW River Parkway, tthe Portland Office of Transportation (PDOT) constructed streetcar tracks and infrastructure (Streetcar System) which may severely impact maintenance access to the existing 48-inch sanitary CSP. This condition and location is shown on Attachment A to this Resolution. The alignment places the north edge of the southern set of tracks directly above the sewer from MH ABU 848 to MH ABU 849.
WHEREAS, prior to Streetcar System construction, the Bureau of Environmental Services (BES) had unrestricted access to the 48-inch sewer. The Streetcar System now severely restricts sewer access. Therefore, 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.
WHEREAS, BES and PDOT desire to establish a policy to define how management will be handled and costs will be allocated as a result of the condition described above and shown on Attachment A, and have negotiated, to their mutual satisfaction, the terms and conditions of said policy.
NOW, THEREFORE, BE IT RESOLVED that the Bureau of Environmental Services shall have the following responsibilities:
- 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.
- Conduct maintenance work in a timely manner, and with as little impact as possible to the Streetcar System.
- 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, and where possible take advantage of the streetcar track slab structural span capabilities of ten feet to excavate under the track slab.
- If BES 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.
- Unless an emergency exists, provide PDOT the opportunity to remove and replace the Streetcar System portion that prevents maintenance access to the sewer.
- Upon completion of sewer maintenance, restore the portion of affected street to pre-maintenance construction condition.
- 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.
BE IT FURTHER RESOLVED that the Office of Transportation has the following responsibilities:
- Pay for costs associated with shutdown or removal and replacement of any Streetcar System portion that prevents sewer maintenance work.
- Reimburse BES for additional sewer construction costs associated with such restricted access.
- 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.
- Provided an emergency exists, upon notice from BES, shutdown or remove Streetcar System portion interfering with sewer maintenance work within 24 hours of notification.
- 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.
- If BES removes a portion of the Streetcar System to conduct maintenance work, take responsibility for replacement of the removed Streetcar System portion.
- Hold BES free and harmless from all claims associated with removal of any portion 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.
Resolution No. 36192 adopted by City Council December 31, 2003.